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90_SB0545eng 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 SB545 Engrossed LRB9001840DPcc 1 AN ACT to amend the Solid Waste Planning and Recycling 2 Act by changing Sections 3 and 6 and adding Section 5.5. 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 6 and adding Section 5.5 7 as follows: 8 (415 ILCS 15/3) (from Ch. 85, par. 5953) 9 Sec. 3. Definitions. As used in this Act, unless the 10 context clearly indicates otherwise: 11 "Agency" means the Illinois Environmental Protection 12 Agency. 13 "Composting" means the biological process by which 14 microorganisms decompose the organic fraction of waste, 15 producing a humus-like material that may be used as a soil 16 conditioner. 17 "County" means any county of the State and includes the 18 City of Chicago. 19 "Department" means the Department of Commerce and 20 Community Affairs. 21 "Municipal waste" means: discarded garbage; general 22 household waste; institutional waste; commercial waste; 23 industrial lunchroom or office waste; uncontaminated 24 packaging waste; discarded landscape waste; construction and 25 demolition waste from buildings and roads that is not clean 26 construction and demolition debris; abandoned or discarded 27 household or commercial appliances and appliance components; 28 waste parts from motor vehicles normally removed as a part of 29 regular maintenance, which include but are not limited to 30 tires and batteries; and wastes collected at a household 31 hazardous waste collection facility or other waste component SB545 Engrossed -2- LRB9001840DPcc 1 collection facility for the purpose of recycling or disposing 2 of the collected waste components. "Municipal waste" shall 3 not include: special waste; earth materials moved or removed 4 during demolition or construction; clean construction or 5 demolition debris; abandoned or scrap motor vehicles; scrap 6 metal, plastics, or other materials from industrial 7 operations, which include but are not limited to machining, 8 lathe work, or tool and die operations; commercial, 9 institutional or industrial machinery or equipment; surplus 10 or donated, usable or reusable, clothing or commodities given 11 to any private, public, not-for-profit, or charitable 12 organizations; or surplus or donated food contributed for 13 human consumptiongarbage, general household, institutional14and commercial waste, industrial lunchroom or office waste,15landscape waste, and construction and demolition debris. 16 "Person" means any individual, partnership, cooperative 17 enterprise, unit of local government, institution, 18 corporation or agency, or any other legal entity whatsoever 19 which is recognized by law as the subject of rights and 20 duties. 21 "Recycling, reclamation or reuse" means a method, 22 technique or process designed to remove any contaminant from 23 waste so as to render the waste reusable, or any process by 24 which materials that would otherwise be disposed of or 25 discarded are collected, separated or processed and returned 26 to the economic mainstream in the form of raw materials or 27 products. 28 "Recycling center" means a facility that accepts only 29 segregated, nonhazardous, nonspecial, homogeneous, 30 nonputrescible materials, such as dry paper, glass, cans or 31 plastics, for subsequent use in the secondary materials 32 market. 33 (Source: P.A. 89-445, eff. 2-7-96.) SB545 Engrossed -3- LRB9001840DPcc 1 (415 ILCS 15/5.5 new) 2 Sec. 5.5. Measurement and Reporting Standards Task Force. 3 (a) There is established a Measurement and Reporting 4 Standards Task Force. The Task Force shall be composed of the 5 Director of the Agency and the Director of the Department, or 6 their designees, and 10 public members appointed by the 7 Governor, including 2 persons representing environmental 8 interests, 2 persons representing industrial and commercial 9 interests, one person representing the Illinois Recycling 10 Association, one person representing county government, one 11 person representing municipal government, one person 12 representing private waste haulers, one person representing 13 private recyclers, and one person representing 14 intergovernmental cooperatives. From among these members a 15 chairperson shall be selected by majority vote and shall 16 preside for the duration of the Task Force. The duration of 17 the Task Force shall not exceed one year, and the Task Force 18 shall report its findings and recommendations to the General 19 Assembly by September 30, 1998. The Task Force shall: 20 (1) Assess potential governmental and 21 nongovernmental impediments to the standardization of 22 measurement and reporting guidelines for solid waste, 23 including but limited to existing environmental 24 regulations. 25 (2) Consider recommendations for the creation of a 26 reporting format to be utilized by counties in reporting 27 to the Agency. 28 (3) Review, evaluate, and make recommendations 29 regarding definitions with relation to the measurement of 30 recycling rates. 31 (4) Define reporting requirements and determine who 32 is required to report to county agencies. 33 (b) Members of the Task Force shall be reimbursed for 34 ordinary and necessary expenses incurred in the performance SB545 Engrossed -4- LRB9001840DPcc 1 of their duties, except that reimbursement shall be limited 2 to expenses associated with no more than 8 meetings per 3 calendar year. 4 (415 ILCS 15/6) (from Ch. 85, par. 5956) 5 Sec. 6. Recycling programs. Each county waste management 6 plan adopted under Section 4 shall include a recycling 7 program. Such recycling program: 8 (1) Shall be implemented throughout the county and 9 include a time schedule for implementation of the program. 10 (2) Shall provide for the designation of a recycling 11 coordinator to administer the program. 12 (3) Shall be designed to recycle, by the end of the 13 third and fifth years of the program, respectively 15% and 14 25% of the municipal waste generated in the county, subject 15 to the existence of a viable market for the recycled 16 material, based on measurements of recycling and waste 17 generated in terms of weight. The determination of the 18 municipal waste generation rate and the municipal waste 19 recycling rate shallnotinclude only materials within the 20 definition of municipal waste: discarded motor vehicles,21wastes used for clean fill or erosion control or commercial,22institutional or industrial machinery or equipment. The 23 determination of the quantities of materials recycled shall 24 include but not be limited to: municipal waste that is 25 separated, collected, and processed and returned to the 26 economic mainstream in the form of raw materials or products; 27 landscape or other municipal waste that is separated, 28 collected, and composted at permitted facilities; landscape 29 or other municipal waste that is collected and applied 30 directly to agricultural land at agronomic rates as a soil 31 conditioner, fertilizer, or mulch; landscape or other 32 municipal waste used to enhance fish or wildlife habitat; 33 construction or demolition debris used for building SB545 Engrossed -5- LRB9001840DPcc 1 construction purposes or as road bed or road surface 2 materials; waste separated and processed for use as animal 3 feed; wastes such as cooking grease that are processed at a 4 rendering facility for return to the economic mainstream, and 5 metals recovered from processing municipal waste including 6 major appliances. The determination of the quantities of 7 materials recycled shall not include: waste incinerated for 8 energy recovery or volume reduction; waste used to produce a 9 refuse derived fuel; wastes used for clean fill or erosion 10 control; or waste separated for use as landfill cover. 11 (3-5) Shall not require landfills, transfer stations, 12 recycling centers or transporters of municipal waste to 13 report to the county quantities of municipal waste according 14 to categories set forth in the definition of "municipal 15 waste". 16 (4) May provide for the construction and operation of 17 one or more recycling centers by a unit of local government, 18 or for contracting with other public or private entities for 19 the operation of recycling centers. 20 (5) May require residents of the county to separate 21 recyclable materials at the time of disposal or trash 22 pick-up. 23 (6) May make special provision for commercial and 24 institutional establishments that implement their own 25 specialized recycling programs, provided that such 26 establishments annually provide written documentation to the 27 county of the total number of tons of material recycled. 28 (7) Shall provide for separate collection and composting 29 of leaves. 30 (8) Shall include public education and notification 31 programs to foster understanding of and encourage compliance 32 with the recycling program. 33 (9) Shall include provisions for compliance, including 34 incentives and penalties. SB545 Engrossed -6- LRB9001840DPcc 1 (10) Shall include provisions for (i) recycling the 2 collected materials, (ii) identifying potential markets for 3 at least 3 recyclable materials, and (iii) promoting the use 4 of products made from recovered or recycled materials among 5 businesses, newspapers and local governments in the county. 6 (11) May provide for the payment of recycling diversion 7 credits to public and private parties engaged in recycling 8 activities. 9 (Source: P.A. 86-777; 87-650.)