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| [ Introduced ] | [ House Amendment 001 ] |
91_SB0427eng SB427 Engrossed LRB9105758ACtm 1 AN ACT to amend the Environmental Protection Act by 2 changing Section 22.15. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Environmental Protection Act is amended 6 by changing Section 22.15 as follows: 7 (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15) 8 Sec. 22.15. Solid Waste Management Fund; fees. 9 (a) There is hereby created within the State Treasury a 10 special fund to be known as the "Solid Waste Management Fund" 11 constituted from the fees collected by the State pursuant to 12 this Section and from repayments of loans made from the Fund 13 for solid waste projects. Moneys received by the Department 14 of Commerce and Community Affairs in repayment of loans made 15 pursuant to the Illinois Solid Waste Management Act shall be 16 deposited into the Solid Waste Management Revolving Loan 17 Fund. 18 (b) On and after January 1, 1987, the Agency shall 19 assess and collect a fee in the amount set forth herein from 20 the owner or operator of each sanitary landfill permitted or 21 required to be permitted by the Agency to dispose of solid 22 waste if the sanitary landfill is located off the site where 23 thesuchwaste was produced and if thesuchsanitary landfill 24 is owned, controlled, and operated by a person other than the 25 generator of thesuchwaste. The Agency shall deposit all 26 fees collected into the Solid Waste Management Fund. If a 27 site is contiguous to one or more landfills owned or operated 28 by the same person, the volumes permanently disposed of by 29 each landfill shall be combined for purposes of determining 30 the fee under this subsection. 31 (1) If more than 150,000 cubic yards of SB427 Engrossed -2- LRB9105758ACtm 1 non-hazardous solid waste is permanently disposed of at a 2 site in a calendar year, the owner or operator shall 3 either pay a fee of 45 cents per cubic yard (60¢ per 4 cubic yard from January 1, 1989 through December 31, 5 1993), or alternatively the owner or operator may weigh 6 the quantity of the solid waste permanently disposed of 7 with a device for which certification has been obtained 8 under the Weights and Measures Act and pay a fee of 95 9 cents per ton ($1.27 per ton from January 1, 1989 through 10 December 31, 1993) of solid waste permanently disposed 11 of. An owner or operator that is subject to any fee, tax, 12 or surcharge imposed under the authority of subsection 13 (j) of this Section on September 26, 1991, with respect 14 to fees due to the Agency under this paragraph after 15 December 31, 1991 and before January 1, 1994, shall 16 deduct from the amount paid to the Agency the amount by 17 which the fee paid under subsection (j) exceeds 45 cents 18 per cubic yard or 95 cents per ton. In no case shall the 19 fee collected or paid by the owner or operator under this 20 paragraph exceed $1.05 per cubic yard or $2.22 per ton. 21 (2) If more than 100,000 cubic yards, but not more 22 than 150,000 cubic yards of non-hazardous waste is 23 permanently disposed of at a site in a calendar year, the 24 owner or operator shall pay a fee of $25,000 ($33,350 in 25 1989, 1990 and 1991). 26 (3) If more than 50,000 cubic yards, but not more 27 than 100,000 cubic yards of non-hazardous solid waste is 28 permanently disposed of at a site in a calendar year, the 29 owner or operator shall pay a fee of $11,300 ($15,500 in 30 1989, 1990 and 1991). 31 (4) If more than 10,000 cubic yards, but not more 32 than 50,000 cubic yards of non-hazardous solid waste is 33 permanently disposed of at a site in a calendar year, the 34 owner or operator shall pay a fee of $3,450 ($4,650 in SB427 Engrossed -3- LRB9105758ACtm 1 1989, 1990 and 1991). 2 (5) If not more than 10,000 cubic yards of 3 non-hazardous solid waste is permanently disposed of at a 4 site in a calendar year, the owner or operator shall pay 5 a fee of $500 ($650 in 1989, 1990 and 1991). 6 (c) From January 1, 1987 through December 31, 1988, the 7 fee set forth in this Section shall not apply to: 8 (1) Solid waste which is hazardous waste; 9 (2) Any landfill which is permitted by the Agency 10 to receive only demolition or construction debris or 11 landscape waste; or 12 (3) The following wastes: 13 (A) Foundry sand; 14 (B) Coal combustion by-product, including 15 scrubber waste and fluidized bed boiler waste which 16 does not contain metal cleaning waste; 17 (C) Slag from the manufacture of iron and 18 steel; 19 (D) Pollution Control Waste; 20 (E) Wastes from recycling, reclamation or 21 reuse processes designed to remove any contaminant 22 from wastes so as to render such wastes reusable, 23 provided that the process renders at least 50% of 24 the waste reusable; 25 (F) Non-hazardous solid waste that is received 26 at a sanitary landfill after January 1, 1987 and 27 recycled through a process permitted by the Agency. 28 (d) The Agency shall establish rules relating to the 29 collection of the fees authorized by this Section. Such 30 rules shall include, but not be limited to: 31 (1) necessary records identifying the quantities of 32 solid waste received or disposed; 33 (2) the form and submission of reports to accompany 34 the payment of fees to the Agency; SB427 Engrossed -4- LRB9105758ACtm 1 (3) the time and manner of payment of fees to the 2 Agency, which payments shall not be more often than 3 quarterly; and 4 (4) procedures setting forth criteria establishing 5 when an owner or operator may measure by weight or volume 6 during any given quarter or other fee payment period. 7 (e) Pursuant to appropriation, all monies in the Solid 8 Waste Management Fund shall be used by the Agency and the 9 Department of Commerce and Community Affairs for the purposes 10 set forth in this Section and in the Illinois Solid Waste 11 Management Act, including for the costs of fee collection and 12 administration, and through June 30, 1989, by the University 13 of Illinois for research consistent with the Illinois Solid 14 Waste Management Act. 15 (f) The Agency is authorized to enter into such 16 agreements and to promulgate such rules as are necessary to 17 carry out its duties under this Section and the Illinois 18 Solid Waste Management Act. 19 (g) On the first day of January, April, July, and 20 October of each year, beginning on July 1, 1996, the State 21 Comptroller and Treasurer shall transfer $500,000 from the 22 Solid Waste Management Fund to the Hazardous Waste Fund. 23 Moneys transferred under this subsection (g) shall be used 24 only for the purposes set forth in item (1) of subsection (d) 25 of Section 22.2. 26 (h) The Agency is authorized to provide financial 27 assistance to units of local government for the performance 28 of inspecting, investigating and enforcement activities 29 pursuant to Section 4(r) at nonhazardous solid waste disposal 30 sites. 31 (i) The Agency is authorized to support the operations 32 of an industrial materials exchange service, and to conduct 33 household waste collection and disposal programs. 34 (j) A unit of local government, as defined in the Local SB427 Engrossed -5- LRB9105758ACtm 1 Solid Waste Disposal Act, in which a solid waste disposal 2 facility is located may establish a fee, tax, or surcharge 3 with regard to the permanent disposal of solid waste. All 4 fees, taxes, and surcharges collected under this subsection 5 shall be utilized for solid waste management purposes, 6 including long-term monitoring and maintenance of landfills, 7 planning, implementation, inspection, enforcement and other 8 activities consistent with the Solid Waste Management Act and 9 the Local Solid Waste Disposal Act, or for any other 10 environment-related purpose, including but not limited to an 11 environment-related public works project, but not for the 12 construction of a new pollution control facility other than a 13 household hazardous waste facility. However, the total fee, 14 tax or surcharge imposed by all units of local government 15 under this subsection (j) upon the solid waste disposal 16 facility shall not exceed: 17 (1) 45¢ per cubic yard (60¢ per cubic yard 18 beginning January 1, 1992) if more than 150,000 cubic 19 yards of non-hazardous solid waste is permanently 20 disposed of at the site in a calendar year, unless the 21 owner or operator weighs the quantity of the solid waste 22 received with a device for which certification has been 23 obtained under the Weights and Measures Act, in which 24 case the fee shall not exceed 95¢ per ton ($1.27 per ton 25 beginning January 1, 1992) of solid waste permanently 26 disposed of. 27 (2) $25,000 ($33,350 beginning in 1992) if more 28 than 100,000 cubic yards, but not more than 150,000 cubic 29 yards, of non-hazardous waste is permanently disposed of 30 at the site in a calendar year. 31 (3) $11,300 ($15,500 beginning in 1992) if more 32 than 50,000 cubic yards, but not more than 100,000 cubic 33 yards, of non-hazardous solid waste is permanently 34 disposed of at the site in a calendar year. SB427 Engrossed -6- LRB9105758ACtm 1 (4) $3,450 ($4,650 beginning in 1992) if more than 2 10,000 cubic yards, but not more than 50,000 cubic yards, 3 of non-hazardous solid waste is permanently disposed of 4 at the site in a calendar year. 5 (5) $500 ($650 beginning in 1992) if not more than 6 10,000 cubic yards of non-hazardous solid waste is 7 permanently disposed of at the site in a calendar year. 8 The corporate authorities of the unit of local government 9 may use proceeds from the fee, tax, or surcharge to reimburse 10 a highway commissioner whose road district lies wholly or 11 partially within the corporate limits of the unit of local 12 government for expenses incurred in the removal of 13 nonhazardous, nonfluid municipal waste that has been dumped 14 on public property in violation of a State law or local 15 ordinance. 16 A county or Municipal Joint Action Agency that imposes a 17 fee, tax, or surcharge under this subsection may use the 18 proceeds thereof to reimburse a municipality that lies wholly 19 or partially within its boundaries for expenses incurred in 20 the removal of nonhazardous, nonfluid municipal waste that 21 has been dumped on public property in violation of a State 22 law or local ordinance. 23 If the fees are to be used to conduct a local sanitary 24 landfill inspection or enforcement program, the unit of local 25 government must enter into a written delegation agreement 26 with the Agency pursuant to subsection (r) of Section 4. The 27 unit of local government and the Agency shall enter into such 28 a written delegation agreement within 60 days after the 29 establishment of such fees or August 23, 1988, whichever is 30 later. For the year commencing January 1, 1989, and at least 31 annually thereafter, the Agency shall conduct an audit of the 32 expenditures made by units of local government from the funds 33 granted by the Agency to the units of local government for 34 purposes of local sanitary landfill inspection and SB427 Engrossed -7- LRB9105758ACtm 1 enforcement programs, to ensure that the funds have been 2 expended for the prescribed purposes under the grant. 3 The fees, taxes or surcharges collected under this 4 subsection (j) shall be placed by the unit of local 5 government in a separate fund, and the interest received on 6 the moneys in the fund shall be credited to the fund. The 7 monies in the fund may be accumulated over a period of years 8 to be expended in accordance with this subsection. 9 A unit of local government, as defined in the Local Solid 10 Waste Disposal Act, shall prepare and distribute to the 11 Agency, in April of each year, a report that details spending 12 plans for monies collected in accordance with this 13 subsection. The report will at a minimum include the 14 following: 15 (1) The total monies collected pursuant to this 16 subsection. 17 (2) The most current balance of monies collected 18 pursuant to this subsection. 19 (3) An itemized accounting of all monies expended 20 for the previous year pursuant to this subsection. 21 (4) An estimation of monies to be collected for the 22 following 3 years pursuant to this subsection. 23 (5) A narrative detailing the general direction and 24 scope of future expenditures for one, 2 and 3 years. 25 The exemptions granted under Sections 22.16 and 22.16a, 26 and under subsections (c) and (k) of this Section, shall be 27 applicable to any fee, tax or surcharge imposed under this 28 subsection (j); except that the fee, tax or surcharge 29 authorized to be imposed under this subsection (j) may be 30 made applicable by a unit of local government to the 31 permanent disposal of solid waste after December 31, 1986, 32 under any contract lawfully executed before June 1, 1986 33 under which more than 150,000 cubic yards (or 50,000 tons) of 34 solid waste is to be permanently disposed of, even though the SB427 Engrossed -8- LRB9105758ACtm 1 waste is exempt from the fee imposed by the State under 2 subsection (b) of this Section pursuant to an exemption 3 granted under Section 22.16. 4 (k) In accordance with the findings and purposes of the 5 Illinois Solid Waste Management Act, beginning January 1, 6 1989 the fee under subsection (b) and the fee, tax or 7 surcharge under subsection (j) shall not apply to: 8 (1) Waste which is hazardous waste; or 9 (2) Waste which is pollution control waste; or 10 (3) Waste from recycling, reclamation or reuse 11 processes which have been approved by the Agency as being 12 designed to remove any contaminant from wastes so as to 13 render such wastes reusable, provided that the process 14 renders at least 50% of the waste reusable; or 15 (4) Non-hazardous solid waste that is received at a 16 sanitary landfill and composted or recycled through a 17 process permitted by the Agency; or 18 (5) Any landfill which is permitted by the Agency 19 to receive only demolition or construction debris or 20 landscape waste. 21 (Source: P.A. 89-93, eff. 7-6-95; 89-443, eff. 7-1-96; 22 89-445, eff. 2-7-96; 90-14, eff. 7-1-97; 90-475, eff. 23 8-17-97.)