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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 thatwhichis 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.)