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90_SB0545sam001
SRS90SB0545JJsaam02
1 AMENDMENT TO SENATE BILL 545
2 AMENDMENT NO. . Amend Senate Bill 545 by replacing
3 the title with the following:
4 "AN ACT to amend the Solid Waste Planning and Recycling
5 Act by changing Sections 3 and 6 and adding Section 5.5.";
6 and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Solid Waste Planning and Recycling Act is
10 amended by changing Sections 3 and 6 and adding Section 5.5
11 as follows:
12 (415 ILCS 15/3) (from Ch. 85, par. 5953)
13 Sec. 3. Definitions. As used in this Act, unless the
14 context clearly indicates otherwise:
15 "Agency" means the Illinois Environmental Protection
16 Agency.
17 "Composting" means the biological process by which
18 microorganisms decompose the organic fraction of waste,
19 producing a humus-like material that may be used as a soil
20 conditioner.
21 "County" means any county of the State and includes the
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1 City of Chicago.
2 "Department" means the Department of Commerce and
3 Community Affairs.
4 "Municipal waste" means: discarded garbage; general
5 household waste; institutional waste; commercial waste;
6 industrial lunchroom or office waste; uncontaminated
7 packaging waste; discarded landscape waste; construction and
8 demolition waste from buildings and roads that is not clean
9 construction and demolition debris; abandoned or discarded
10 household or commercial appliances and appliance components;
11 waste parts from motor vehicles normally removed as a part of
12 regular maintenance, which include but are not limited to
13 tires and batteries; and wastes collected at a household
14 hazardous waste collection facility or other waste component
15 collection facility for the purpose of recycling or disposing
16 of the collected waste components. "Municipal waste" shall
17 not include: special waste; earth materials moved or removed
18 during demolition or construction; clean construction or
19 demolition debris; abandoned or scrap motor vehicles; scrap
20 metal, plastics, or other materials from industrial
21 operations, which include but are not limited to machining,
22 lathe work, or tool and die operations; commercial,
23 institutional or industrial machinery or equipment; surplus
24 or donated, usable or reusable, clothing or commodities given
25 to any private, public, not-for-profit, or charitable
26 organizations; or surplus or donated food contributed for
27 human consumption garbage, general household, institutional
28 and commercial waste, industrial lunchroom or office waste,
29 landscape waste, and construction and demolition debris.
30 "Person" means any individual, partnership, cooperative
31 enterprise, unit of local government, institution,
32 corporation or agency, or any other legal entity whatsoever
33 which is recognized by law as the subject of rights and
34 duties.
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1 "Recycling, reclamation or reuse" means a method,
2 technique or process designed to remove any contaminant from
3 waste so as to render the waste reusable, or any process by
4 which materials that would otherwise be disposed of or
5 discarded are collected, separated or processed and returned
6 to the economic mainstream in the form of raw materials or
7 products.
8 "Recycling center" means a facility that accepts only
9 segregated, nonhazardous, nonspecial, homogeneous,
10 nonputrescible materials, such as dry paper, glass, cans or
11 plastics, for subsequent use in the secondary materials
12 market.
13 (Source: P.A. 89-445, eff. 2-7-96.)
14 (415 ILCS 15/5.5 new)
15 Sec. 5.5. Measurement and Reporting Standards Task Force.
16 (a) There is established a Measurement and Reporting
17 Standards Task Force. The Task Force shall be composed of the
18 Director of the Agency and the Director of the Department, or
19 their designees, and 10 public members appointed by the
20 Governor, including 2 persons representing environmental
21 interests, 2 persons representing industrial and commercial
22 interests, one person representing the Illinois Recycling
23 Association, one person representing county government, one
24 person representing municipal government, one person
25 representing private waste haulers, one person representing
26 private recyclers, and one person representing
27 intergovernmental cooperatives. From among these members a
28 chairperson shall be selected by majority vote and shall
29 preside for the duration of the Task Force. The duration of
30 the Task Force shall not exceed one year, and the Task Force
31 shall report its findings and recommendations to the General
32 Assembly by September 30, 1998. The Task Force shall:
33 (1) Assess potential governmental and
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1 nongovernmental impediments to the standardization of
2 measurement and reporting guidelines for solid waste,
3 including but limited to existing environmental
4 regulations.
5 (2) Consider recommendations for the creation of a
6 reporting format to be utilized by counties in reporting
7 to the Agency.
8 (3) Review, evaluate, and make recommendations
9 regarding definitions with relation to the measurement of
10 recycling rates.
11 (4) Define reporting requirements and determine who
12 is required to report to county agencies.
13 (b) Members of the Task Force shall be reimbursed for
14 ordinary and necessary expenses incurred in the performance
15 of their duties, except that reimbursement shall be limited
16 to expenses associated with no more than 8 meetings per
17 calendar year.
18 (415 ILCS 15/6) (from Ch. 85, par. 5956)
19 Sec. 6. Recycling programs. Each county waste management
20 plan adopted under Section 4 shall include a recycling
21 program. Such recycling program:
22 (1) Shall be implemented throughout the county and
23 include a time schedule for implementation of the program.
24 (2) Shall provide for the designation of a recycling
25 coordinator to administer the program.
26 (3) Shall be designed to recycle, by the end of the
27 third and fifth years of the program, respectively 15% and
28 25% of the municipal waste generated in the county, subject
29 to the existence of a viable market for the recycled
30 material, based on measurements of recycling and waste
31 generated in terms of weight. The determination of the
32 municipal waste generation rate and the municipal waste
33 recycling rate shall not include only materials within the
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1 definition of municipal waste: discarded motor vehicles,
2 wastes used for clean fill or erosion control or commercial,
3 institutional or industrial machinery or equipment. The
4 determination of the quantities of materials recycled shall
5 include but not be limited to: municipal waste that is
6 separated, collected, and processed and returned to the
7 economic mainstream in the form of raw materials or products;
8 landscape or other municipal waste that is separated,
9 collected, and composted at permitted facilities; landscape
10 or other municipal waste that is collected and applied
11 directly to agricultural land at agronomic rates as a soil
12 conditioner, fertilizer, or mulch; landscape or other
13 municipal waste used to enhance fish or wildlife habitat;
14 construction or demolition debris used for building
15 construction purposes or as road bed or road surface
16 materials; waste separated and processed for use as animal
17 feed; wastes such as cooking grease that are processed at a
18 rendering facility for return to the economic mainstream, and
19 metals recovered from processing municipal waste including
20 major appliances. The determination of the quantities of
21 materials recycled shall not include: waste incinerated for
22 energy recovery or volume reduction; waste used to produce a
23 refuse derived fuel; wastes used for clean fill or erosion
24 control; or waste separated for use as landfill cover.
25 (3-5) Shall not require landfills, transfer stations,
26 recycling centers or transporters of municipal waste to
27 report to the county quantities of municipal waste according
28 to categories set forth in the definition of "municipal
29 waste".
30 (4) May provide for the construction and operation of
31 one or more recycling centers by a unit of local government,
32 or for contracting with other public or private entities for
33 the operation of recycling centers.
34 (5) May require residents of the county to separate
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1 recyclable materials at the time of disposal or trash
2 pick-up.
3 (6) May make special provision for commercial and
4 institutional establishments that implement their own
5 specialized recycling programs, provided that such
6 establishments annually provide written documentation to the
7 county of the total number of tons of material recycled.
8 (7) Shall provide for separate collection and composting
9 of leaves.
10 (8) Shall include public education and notification
11 programs to foster understanding of and encourage compliance
12 with the recycling program.
13 (9) Shall include provisions for compliance, including
14 incentives and penalties.
15 (10) Shall include provisions for (i) recycling the
16 collected materials, (ii) identifying potential markets for
17 at least 3 recyclable materials, and (iii) promoting the use
18 of products made from recovered or recycled materials among
19 businesses, newspapers and local governments in the county.
20 (11) May provide for the payment of recycling diversion
21 credits to public and private parties engaged in recycling
22 activities.
23 (Source: P.A. 86-777; 87-650.)".