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90_SB0545
415 ILCS 15/3 from Ch. 85, par. 5953
415 ILCS 15/7 from Ch. 85, par. 5957
Amends the Solid Waste Planning and Recycling Act to add
definitions for garbage, hazardous waste, industrial process
waste, landscape waste, pollution control waste, and special
waste. Requires semiannual reports to be made to county
recycling coordinators by persons engaged in collecting or
transporting recyclable materials. Effective immediately.
LRB9001840DPcc
LRB9001840DPcc
1 AN ACT to amend the Solid Waste Planning and Recycling
2 Act by changing Sections 3 and 7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Solid Waste Planning and Recycling Act is
6 amended by changing Sections 3 and 7 as follows:
7 (415 ILCS 15/3) (from Ch. 85, par. 5953)
8 Sec. 3. Definitions. As used in this Act, unless the
9 context clearly indicates otherwise:
10 "Agency" means the Illinois Environmental Protection
11 Agency.
12 "Clean construction and demolition debris" means broken
13 concrete without protruding metal bars, bricks, rock, stone,
14 reclaimed asphalt pavement, or uncontaminated dirt or sand
15 generated from construction or demolition activities.
16 "Composting" means the biological process by which
17 microorganisms decompose the organic fraction of waste,
18 producing a humus-like material that may be used as a soil
19 conditioner.
20 "County" means any county of the State and includes the
21 City of Chicago.
22 "Department" means the Department of Commerce and
23 Community Affairs.
24 "Garbage" means waste resulting from the handling,
25 processing, preparation, cooking, and consumption of food,
26 and wastes from the handling, processing, storage, and sale
27 of produce.
28 "Hazardous waste" means a waste or combination of wastes
29 that because of their quantity or physical, chemical, or
30 infectious characteristics may cause or significantly
31 contribute to an increase in mortality or an increase in
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1 serious, irreversible, or incapacitating reversible illness;
2 or which pose a substantial present or potential hazard to
3 human health or the environment when improperly treated,
4 stored, transported, disposed of, or otherwise managed, and
5 which have been identified, by characteristics or by listing
6 as hazardous pursuant to Section 3001 of the Resource
7 Conservation and Recovery Act of 1976, P.A. 94-580, or
8 pursuant to Board Regulations.
9 "Industrial process waste" means any liquid, solid,
10 semisolid, or gaseous waste generated as a direct or indirect
11 result of the manufacture of a product or the performance of
12 a service. Any such waste that would pose a present or
13 potential threat to human health or the environment or with
14 inherent properties that make the disposal of such waste in a
15 landfill difficult to manage by normal means is an industrial
16 process waste. "Industrial process waste" includes but is
17 not limited to spent pickling liquors, cutting oils, chemical
18 catalysts, distillation bottoms, etching acids, equipment
19 cleanings, paint sludges, incinerator ash (including but not
20 limited to ash resulting from the incineration of potentially
21 infectious medical waste), core sands, metallic dust
22 sweepings, asbestos dust, and off-specification, contaminated
23 or recalled wholesale or retail products. Specifically
24 excluded are uncontaminated packaging materials,
25 uncontaminated machinery components, general household waste,
26 landscape waste and construction or demolition debris.
27 "Landscape waste" means all accumulations of grass or
28 shrubbery cuttings, leaves, tree limbs and other materials
29 accumulated as the result of the care of lawns, shrubbery,
30 vines, and trees.
31 "Municipal waste" means garbage, general household,
32 institutional and commercial waste, industrial lunchroom or
33 office waste, landscape waste, and construction and
34 demolition debris.
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1 "Person" means any individual, partnership, cooperative
2 enterprise, unit of local government, institution,
3 corporation or agency, or any other legal entity whatsoever
4 which is recognized by law as the subject of rights and
5 duties.
6 "Pollution control waste" means any liquid, solid,
7 semisolid, or gaseous waste generated as a direct or indirect
8 result of the removal of contaminants from the air, water, or
9 land, and that pose a present or potential threat to human
10 health or to the environment or having inherent properties
11 that make the disposal of such waste in a landfill difficult
12 to manage by normal means. "Pollution control waste"
13 includes but is not limited to water and wastewater treatment
14 plant sludges, baghouse dusts, landfill waste, scrubber
15 sludges, and chemical spill cleanings.
16 "Recycling, reclamation or reuse" means a method,
17 technique or process designed to remove any contaminant from
18 waste so as to render the waste reusable, or any process by
19 which materials that would otherwise be disposed of or
20 discarded are collected, separated or processed and returned
21 to the economic mainstream in the form of raw materials or
22 products.
23 "Recycling center" means a facility that accepts only
24 segregated, nonhazardous, nonspecial, homogeneous,
25 nonputrescible materials, such as dry paper, glass, cans or
26 plastics, for subsequent use in the secondary materials
27 market.
28 "Special waste" means any industrial process waste,
29 pollution control waste, or hazardous waste.
30 (Source: P.A. 89-445, eff. 2-7-96.)
31 (415 ILCS 15/7) (from Ch. 85, par. 5957)
32 Sec. 7. Implementation of waste management plans.
33 (a) Each county shall begin implementation of its waste
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1 management plan, including the recycling program, within one
2 year of adoption of the plan. The county may enter into
3 written agreements with other persons, including a
4 municipality or persons transporting municipal waste on the
5 effective date of this Act, pursuant to which the persons
6 undertake to fulfill some or all of the county's
7 responsibilities under this Act. A person who enters into an
8 agreement shall be responsible with the county for the
9 implementation of such programs.
10 (b) In implementing the recycling program, consideration
11 for the collection, marketing and disposition of recyclable
12 materials shall be given to persons engaged in the business
13 of recycling within the county on the effective date of this
14 Act, whether or not the persons were operating for profit.
15 If a township within the county is operating a recycling
16 program on the effective date of the plan which substantially
17 conforms with or exceeds the requirements of the recycling
18 program included in the plan, the township may continue to
19 operate its recycling program, and such operation shall
20 constitute, within the township, implementation of the
21 recycling program included in the plan. A township may at
22 any time adopt and implement a recycling program that is more
23 stringent than that required by the county waste management
24 plan.
25 (c) The Department shall assist counties in implementing
26 recycling programs under this Act, and may, pursuant to
27 appropriation, make grants and loans from the Solid Waste
28 Management Fund to counties or other units of local
29 governments that are implementing approved waste management
30 plans, to be used for capital assistance or for the payment
31 of recycling diversion credits or for other purposes, in
32 accordance with such guidelines as may be adopted by the
33 Department.
34 (d) By July 1, 1998, and semiannually thereafter, any
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1 person in Illinois engaged in the collection of recyclable
2 materials within a county with a population of 100,000 or
3 more or a municipality with a population of 1,000,000 or
4 more, or the transportation of recyclable materials for
5 processing to a site within a county with a population of
6 100,000 or more or a municipality with a population of
7 1,000,000 or more, and by July 1, 1999, and semiannually
8 thereafter, any person in Illinois engaged in the collection
9 of recyclable materials within a county with a population of
10 less than 100,000, or the transportation of recyclable
11 materials for processing to a site within a county with a
12 population of less than 100,000, shall provide to the
13 recycling coordinators in all counties in which the
14 recyclable materials originated and to which the recyclable
15 materials were transported for processing, a statement on a
16 form prepared by the Department and distributed by the
17 county. At a minimum, the statement shall contain the
18 following information:
19 (1) A list of communities from which the recyclable
20 materials were collected; and
21 (2) The facility name and address to which the
22 recyclable materials were delivered after collection.
23 (e) By October 1, 1998, and semiannually thereafter, any
24 person in Illinois engaged in the collection of municipal
25 waste within a county with a population of 100,000 or more or
26 a municipality with a population of 1,000,000 or more, or the
27 transportation of municipal waste for final disposal to a
28 site within a county with a population of 100,000 or more or
29 a municipality with a population of 1,000,000 or more, and by
30 October 1, 1999, and semiannually thereafter, any person in
31 Illinois engaged in the collection of municipal waste within
32 a county with a population of less than 100,000, or the
33 transportation of municipal waste for final disposal to a
34 site within a county with a population of less than 100,000,
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1 shall provide to the recycling coordinators in all counties
2 in which the municipal waste originated and to which the
3 municipal waste was transported for final disposal, a
4 statement on a form prepared by the Department and
5 distributed by the county. At a minimum, the statement shall
6 contain the following information:
7 (1) The total quantity by weight of municipal waste
8 collected originating from each county served in the
9 previous 6 months;
10 (2) The total quantity by weight of municipal waste
11 delivered to each final disposal site in the previous 6
12 months;
13 (3) The facility name and address of each final
14 disposal site; and
15 (4) A list of all communities served.
16 (f) By October 1, 1998, and semiannually thereafter, any
17 person in Illinois within a county with a population of
18 100,000 or more or a municipality with a population of
19 1,000,000 or more who delivers recyclable materials to an end
20 market or to a destination outside the State of Illinois, and
21 by October 1, 1999, and semiannually thereafter, any person
22 in Illinois within a county with a population of less than
23 100,000 who delivers recyclable materials to an end market or
24 to a destination outside the State of Illinois, shall provide
25 to the recycling coordinators in all counties in which the
26 recyclable materials originated and in which the recyclable
27 material end markets are located, a statement on a form
28 prepared by the Department and distributed by the county. At
29 a minimum, the statement shall contain the following
30 information:
31 (1) The total quantity by weight of recyclable
32 materials received from each county in the previous 6
33 months;
34 (2) The total quantities by weight of recyclable
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1 materials by material type delivered to each end market
2 in the previous 6 months; and
3 (3) The facility name and address of each end
4 market.
5 For the purposes of this Section, an "end market" shall be
6 defined as any person, business, or organization that accepts
7 or purchases recyclable materials as a raw material for the
8 manufacture or production of a value-added product. End
9 markets shall include but not be limited to glass cullet
10 manufacturers, recycled plastic resin producers, and other
11 intermediate materials processing industries. End markets
12 shall not include recycled materials brokers, scrap yards,
13 and recycling centers or materials recovery facilities that
14 process recyclable materials solely for separation,
15 contamination control, and volume reduction and packaging for
16 shipment.
17 (g) By January 1, 1999, and by July 1, 1999 and annually
18 thereafter, the recycling coordinator for counties with a
19 population of 100,000 or more and each municipality with a
20 population of 1,000,000 or more, and by January 1, 2000, and
21 by July 1, 2000 and annually thereafter, the recycling
22 coordinator for counties with a population of less than
23 100,000, shall report to the Department a compilation of the
24 municipal waste, composting, and recycling data provided for
25 in subsections (d), (e), and (f) of this Section on forms
26 provided by the Department.
27 (h) On or before October 1, 1999, and annually
28 thereafter, the Department shall publish a report regarding
29 the extent of recycling activity in the State based on the
30 information provided by the county coordinators. The report
31 shall include an assessment of the statewide recycling rate.
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.