State of Illinois
91st General Assembly
Legislation

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91_HB3713

 
                                               LRB9110987ACcd

 1        AN ACT regarding environmental safety.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5 .  The Environmental Protection Act is amended
 5    by changing Section 22.15 as follows:

 6        (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
 7        Sec. 22.15.  Solid Waste Management Fund; fees.
 8        (a)  There is hereby created within the State Treasury  a
 9    special fund to be known as the "Solid Waste Management Fund"
10    constituted  from the fees collected by the State pursuant to
11    this Section and from repayments of loans made from the  Fund
12    for  solid  waste projects. Moneys received by the Department
13    of Commerce and Community Affairs in repayment of loans  made
14    pursuant  to the Illinois Solid Waste Management Act shall be
15    deposited into the  Solid  Waste  Management  Revolving  Loan
16    Fund.
17        (b)  On  and  after  January  1,  1987,  the Agency shall
18    assess and collect a fee in the amount set forth herein  from
19    the  owner or operator of each sanitary landfill permitted or
20    required to be permitted by the Agency to  dispose  of  solid
21    waste  if the sanitary landfill is located off the site where
22    such waste was produced and  if  such  sanitary  landfill  is
23    owned,  controlled,  and  operated by a person other than the
24    generator of such waste.  The Agency shall deposit  all  fees
25    collected  into the Solid Waste Management Fund. If a site is
26    contiguous to one or more landfills owned or operated by  the
27    same  person,  the  volumes  permanently  disposed of by each
28    landfill shall be combined for purposes  of  determining  the
29    fee under this subsection.
30             (1)  If   more   than   150,000   cubic   yards   of
31        non-hazardous solid waste is permanently disposed of at a
 
                            -2-                LRB9110987ACcd
 1        site  in  a  calendar  year,  the owner or operator shall
 2        either pay a fee of 45 cents  per  cubic  yard  (60¢  per
 3        cubic  yard  from  January  1,  1989 through December 31,
 4        1993), or alternatively the owner or operator  may  weigh
 5        the  quantity  of the solid waste permanently disposed of
 6        with a device for which certification has  been  obtained
 7        under  the  Weights  and Measures Act and pay a fee of 95
 8        cents per ton ($1.27 per ton from January 1, 1989 through
 9        December 31, 1993) of solid  waste  permanently  disposed
10        of. An owner or operator that is subject to any fee, tax,
11        or  surcharge  imposed  under the authority of subsection
12        (j) of this Section on September 26, 1991,  with  respect
13        to  fees  due  to  the  Agency under this paragraph after
14        December 31, 1991  and  before  January  1,  1994,  shall
15        deduct  from  the amount paid to the Agency the amount by
16        which the fee paid under subsection (j) exceeds 45  cents
17        per  cubic yard or 95 cents per ton. In no case shall the
18        fee collected or paid by the owner or operator under this
19        paragraph exceed $1.05 per cubic yard or $2.22 per ton.
20             (2)  If more than 100,000 cubic yards, but not  more
21        than  150,000  cubic  yards  of  non-hazardous  waste  is
22        permanently disposed of at a site in a calendar year, the
23        owner  or operator shall pay a fee of $25,000 ($33,350 in
24        1989, 1990 and 1991).
25             (3)  If more than 50,000 cubic yards, but  not  more
26        than  100,000 cubic yards of non-hazardous solid waste is
27        permanently disposed of at a site in a calendar year, the
28        owner or operator shall pay a fee of $11,300 ($15,500  in
29        1989, 1990 and 1991).
30             (4)  If  more  than 10,000 cubic yards, but not more
31        than 50,000 cubic yards of non-hazardous solid  waste  is
32        permanently disposed of at a site in a calendar year, the
33        owner  or  operator  shall pay a fee of $3,450 ($4,650 in
34        1989, 1990 and 1991).
 
                            -3-                LRB9110987ACcd
 1             (5)  If  not  more  than  10,000  cubic   yards   of
 2        non-hazardous solid waste is permanently disposed of at a
 3        site  in a calendar year, the owner or operator shall pay
 4        a fee of $500 ($650 in 1989, 1990 and 1991).
 5        (c)  From January 1, 1987 through December 31, 1988,  the
 6    fee set forth in this Section shall not apply to:
 7             (1)  Solid waste that which is hazardous waste;
 8             (2)  Any  landfill  which is permitted by the Agency
 9        to receive only  demolition  or  construction  debris  or
10        landscape waste; or
11             (3)  The following wastes:
12                  (A)  Foundry sand;
13                  (B)  Coal   combustion   by-product,  including
14             scrubber waste and fluidized bed boiler waste  which
15             does not contain metal cleaning waste;
16                  (C)  Slag  from  the  manufacture  of  iron and
17             steel;
18                  (D)  Pollution Control Waste;
19                  (E)  Wastes  from  recycling,  reclamation   or
20             reuse  processes  designed to remove any contaminant
21             from wastes so as to render  such  wastes  reusable,
22             provided  that  the  process renders at least 50% of
23             the waste reusable;
24                  (F)  Non-hazardous solid waste that is received
25             at a sanitary landfill after  January  1,  1987  and
26             recycled through a process permitted by the Agency.
27        (d)  The  Agency  shall  establish  rules relating to the
28    collection of the fees authorized  by  this  Section.    Such
29    rules shall include, but not be limited to:
30             (1)  necessary records identifying the quantities of
31        solid waste received or disposed;
32             (2)  the form and submission of reports to accompany
33        the payment of fees to the Agency;
34             (3)  the  time  and manner of payment of fees to the
 
                            -4-                LRB9110987ACcd
 1        Agency, which payments  shall  not  be  more  often  than
 2        quarterly; and
 3             (4)  procedures  setting forth criteria establishing
 4        when an owner or operator may measure by weight or volume
 5        during any given quarter or other fee payment period.
 6        (e)  Pursuant to appropriation, all monies in  the  Solid
 7    Waste  Management  Fund  shall  be used by the Agency and the
 8    Department of Commerce and Community Affairs for the purposes
 9    set forth in this Section and in  the  Illinois  Solid  Waste
10    Management Act, including for the costs of fee collection and
11    administration,  and through June 30, 1989, by the University
12    of Illinois for research consistent with the  Illinois  Solid
13    Waste Management Act.
14        (f)  The   Agency   is  authorized  to  enter  into  such
15    agreements and to promulgate such rules as are  necessary  to
16    carry  out  its  duties  under  this Section and the Illinois
17    Solid Waste Management Act.
18        (g)  On the  first  day  of  January,  April,  July,  and
19    October  of  each  year, beginning on July 1, 1996, the State
20    Comptroller and Treasurer shall transfer  $500,000  from  the
21    Solid  Waste  Management  Fund  to  the Hazardous Waste Fund.
22    Moneys transferred under this subsection (g)  shall  be  used
23    only for the purposes set forth in item (1) of subsection (d)
24    of Section 22.2.
25        (h)  The   Agency  is  authorized  to  provide  financial
26    assistance to units of local government for  the  performance
27    of   inspecting,  investigating  and  enforcement  activities
28    pursuant to Section 4(r) at nonhazardous solid waste disposal
29    sites.
30        (i)  The Agency is authorized to support  the  operations
31    of  an  industrial materials exchange service, and to conduct
32    household waste collection and disposal programs.
33        (j)  A unit of local government, as defined in the  Local
34    Solid  Waste  Disposal  Act,  in which a solid waste disposal
 
                            -5-                LRB9110987ACcd
 1    facility is located may establish a fee,  tax,  or  surcharge
 2    with  regard  to  the  permanent disposal of solid waste. All
 3    fees, taxes, and surcharges collected under  this  subsection
 4    shall  be  utilized  for  solid  waste  management  purposes,
 5    including  long-term monitoring and maintenance of landfills,
 6    planning, implementation, inspection, enforcement  and  other
 7    activities consistent with the Solid Waste Management Act and
 8    the  Local  Solid  Waste  Disposal  Act,  or  for  any  other
 9    environment-related  purpose, including but not limited to an
10    environment-related public works project,  but  not  for  the
11    construction of a new pollution control facility other than a
12    household  hazardous  waste facility. However, the total fee,
13    tax or surcharge imposed by all  units  of  local  government
14    under  this  subsection  (j)  upon  the  solid waste disposal
15    facility shall not exceed:
16             (1)  45¢  per  cubic  yard  (60¢  per   cubic   yard
17        beginning  January  1,  1992)  if more than 150,000 cubic
18        yards  of  non-hazardous  solid  waste   is   permanently
19        disposed  of  at  the site in a calendar year, unless the
20        owner or operator weighs the quantity of the solid  waste
21        received  with  a device for which certification has been
22        obtained under the Weights and  Measures  Act,  in  which
23        case  the fee shall not exceed 95¢ per ton ($1.27 per ton
24        beginning January 1, 1992)  of  solid  waste  permanently
25        disposed of.
26             (2)  $25,000  ($33,350  beginning  in  1992) if more
27        than 100,000 cubic yards, but not more than 150,000 cubic
28        yards, of non-hazardous waste is permanently disposed  of
29        at the site in a calendar year.
30             (3)  $11,300  ($15,500  beginning  in  1992) if more
31        than 50,000 cubic yards, but not more than 100,000  cubic
32        yards,   of  non-hazardous  solid  waste  is  permanently
33        disposed of at the site in a calendar year.
34             (4)  $3,450 ($4,650 beginning in 1992) if more  than
 
                            -6-                LRB9110987ACcd
 1        10,000 cubic yards, but not more than 50,000 cubic yards,
 2        of  non-hazardous  solid waste is permanently disposed of
 3        at the site in a calendar year.
 4             (5)  $500 ($650 beginning in 1992) if not more  than
 5        10,000  cubic  yards  of  non-hazardous  solid  waste  is
 6        permanently disposed of at the site in a calendar year.
 7        The corporate authorities of the unit of local government
 8    may use proceeds from the fee, tax, or surcharge to reimburse
 9    a  highway  commissioner  whose  road district lies wholly or
10    partially within the corporate limits of the  unit  of  local
11    government   for   expenses   incurred   in  the  removal  of
12    nonhazardous, nonfluid municipal waste that has  been  dumped
13    on  public  property  in  violation  of  a State law or local
14    ordinance.
15        A county or Municipal Joint Action Agency that imposes  a
16    fee,  tax,  or  surcharge  under  this subsection may use the
17    proceeds thereof to reimburse a municipality that lies wholly
18    or partially within its boundaries for expenses  incurred  in
19    the  removal  of  nonhazardous, nonfluid municipal waste that
20    has been dumped on public property in violation  of  a  State
21    law or local ordinance.
22        If  the  fees  are to be used to conduct a local sanitary
23    landfill inspection or enforcement program, the unit of local
24    government must enter into  a  written  delegation  agreement
25    with the Agency pursuant to subsection (r) of Section 4.  The
26    unit of local government and the Agency shall enter into such
27    a  written  delegation  agreement  within  60  days after the
28    establishment of such fees or August 23, 1988,  whichever  is
29    later.  For the year commencing January 1, 1989, and at least
30    annually thereafter, the Agency shall conduct an audit of the
31    expenditures made by units of local government from the funds
32    granted  by  the  Agency to the units of local government for
33    purposes  of   local   sanitary   landfill   inspection   and
34    enforcement  programs,  to  ensure  that  the funds have been
 
                            -7-                LRB9110987ACcd
 1    expended for the prescribed purposes under the grant.
 2        The  fees,  taxes  or  surcharges  collected  under  this
 3    subsection  (j)  shall  be  placed  by  the  unit  of   local
 4    government  in  a separate fund, and the interest received on
 5    the moneys in the fund shall be credited  to  the  fund.  The
 6    monies  in the fund may be accumulated over a period of years
 7    to be expended in accordance with this subsection.
 8        A unit of local government, as defined in the Local Solid
 9    Waste Disposal Act,  shall  prepare  and  distribute  to  the
10    Agency, in April of each year, a report that details spending
11    plans   for   monies   collected   in  accordance  with  this
12    subsection.   The  report  will  at  a  minimum  include  the
13    following:
14             (1)  The total monies  collected  pursuant  to  this
15        subsection.
16             (2)  The  most  current  balance of monies collected
17        pursuant to this subsection.
18             (3)  An itemized accounting of all  monies  expended
19        for the previous year pursuant to this subsection.
20             (4)  An estimation of monies to be collected for the
21        following 3 years pursuant to this subsection.
22             (5)  A narrative detailing the general direction and
23        scope of future expenditures for one, 2 and 3 years.
24        The  exemptions  granted under Sections 22.16 and 22.16a,
25    and under subsections (c) and (k) of this Section,  shall  be
26    applicable  to  any  fee, tax or surcharge imposed under this
27    subsection  (j);  except  that  the  fee,  tax  or  surcharge
28    authorized to be imposed under this  subsection  (j)  may  be
29    made  applicable  by  a  unit  of  local  government  to  the
30    permanent  disposal  of  solid waste after December 31, 1986,
31    under any contract lawfully  executed  before  June  1,  1986
32    under which more than 150,000 cubic yards (or 50,000 tons) of
33    solid waste is to be permanently disposed of, even though the
34    waste  is  exempt  from  the  fee  imposed by the State under
 
                            -8-                LRB9110987ACcd
 1    subsection (b) of  this  Section  pursuant  to  an  exemption
 2    granted under Section 22.16.
 3        (k)  In  accordance with the findings and purposes of the
 4    Illinois Solid Waste Management  Act,  beginning  January  1,
 5    1989  the  fee  under  subsection  (b)  and  the  fee, tax or
 6    surcharge under subsection (j) shall not apply to:
 7             (1)  Waste which is hazardous waste; or
 8             (2)  Waste which is pollution control waste; or
 9             (3)  Waste  from  recycling,  reclamation  or  reuse
10        processes which have been approved by the Agency as being
11        designed to remove any contaminant from wastes so  as  to
12        render  such  wastes  reusable, provided that the process
13        renders at least 50% of the waste reusable; or
14             (4)  Non-hazardous solid waste that is received at a
15        sanitary landfill and composted  or  recycled  through  a
16        process permitted by the Agency; or
17             (5)  Any  landfill  which is permitted by the Agency
18        to receive only  demolition  or  construction  debris  or
19        landscape waste.
20    (Source: P.A.   89-93,  eff.  7-6-95;  89-443,  eff.  7-1-96;
21    89-445,  eff.  2-7-96;  90-14,  eff.  7-1-97;  90-475,   eff.
22    8-17-97.)

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