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90_HB2587 415 ILCS 5/22.16 from Ch. 111 1/2, par. 1022.16 Amends the Environmental Protection Act. Adds a caption and makes technical changes to the Section concerning fee exemptions. LRB9009290LDsb LRB9009290LDsb 1 AN ACT to amend the Environmental Protection Act by 2 changing Section 22.16. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Environmental Protection Act is amended 6 by changing Section 22.16 as follows: 7 (415 ILCS 5/22.16) (from Ch. 111 1/2, par. 1022.16) 8 Sec. 22.16. Fee exemptions. 9 (a) The Agency shall grant exemptions from the fee 10 requirements of Section 22.15 of this Act for permanent 11 disposal or transport of solid waste meeting all of the 12 following criteria: 13 (1) permanent disposal of the solid waste is pursuant to 14 a written contract between the owner or operator of the 15 sanitary landfill and some other person, or transport of the 16 solid waste is pursuant to a written contract between the 17 transporter and some other person; 18 (2) the contract for permanent disposal or transport of 19 solid waste was lawfully executed on or before December 31, 20 1986, and by its express terms continues beyond January 1, 21 1987, or was lawfully executed during 1987 or 1988 and by its 22 express terms continues beyond January 1, 1989; 23 (3) the contract for permanent disposal or transport of 24 solid waste establishes a fixed fee or compensation, does not 25 allow the operator or transporter to pass the fee through to 26 another party, and does not allow voluntary cancellation or 27 re-negotiation of the compensation or fee during the term of 28 the contract; and 29 (4) the contract was lawfully executed on or before 30 December 31, 1986 and has not been amended at any time after 31 that date, or was lawfully executed during 1987 or 1988 and -2- LRB9009290LDsb 1 has not been amended on or after January 1, 1989. 2 (b) Exemptions granted under this Section shall cause 3 the solid waste received by an owner or operator of a 4 sanitary landfill pursuant to a contract exempted under this 5 Section to be disregarded in calculating the volume or weight 6 of solid waste permanently disposed of during a calendar year 7 under Section 22.15 of this Act. 8 (c) Applications for exemptions under this Section may 9 be granted retroactively. Applications for retroactive or 10 prospective exemptions must be submitted with proof of 11 satisfaction of all criteria for granting the exemption,and 12 must be received by the Agency before March 1, 1989. 13 (d) It shall be the duty of an owner or operator of a 14 sanitary landfill to keep accurate records and to prove to 15 the satisfaction of the Agency the volume or weight of solid 16 waste received under an exemption during a calendar year. 17 (e) Exemptions under this Section shall expire upon the 18 expiration, renewal, or amendment of the exempted contract, 19 whichever occurs first. 20 (Source: P.A. 85-1195.)