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Public Act 102-0271 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
changing Section 22.51b as follows: | ||||
(415 ILCS 5/22.51b) | ||||
Sec. 22.51b. Fees for permitted facilities accepting clean | ||||
construction or demolition debris or uncontaminated soil. | ||||
(a) The Agency shall assess and collect a fee from the | ||||
owner or operator of each clean construction or demolition | ||||
debris fill operation that is permitted or required to be | ||||
permitted by the Agency. The fee assessed and collected under | ||||
this subsection shall be 28 20 cents per cubic yard of clean | ||||
construction or demolition debris or uncontaminated soil | ||||
accepted by the clean construction or demolition debris fill | ||||
operation, or, alternatively, the owner or operator may weigh | ||||
the quantity of the clean construction or demolition debris or | ||||
uncontaminated soil with a device for which certification has | ||||
been obtained under the Weights and Measures Act and pay a fee | ||||
of 20 14 cents per ton of clean construction or demolition | ||||
debris or uncontaminated soil. The fee shall apply to | ||||
construction or demolition debris or uncontaminated soil if | ||||
(i) the clean construction or demolition debris fill operation |
is located off the site where the clean construction or | ||
demolition debris or uncontaminated soil was generated and | ||
(ii) the clean construction or demolition debris fill | ||
operation is owned, controlled, and operated by a person other | ||
than the generator of the clean construction or demolition | ||
debris or uncontaminated soil. | ||
(b) The Agency shall establish rules relating to the | ||
collection of the fees authorized by subsection (a) of this | ||
Section. These rules shall include, but are not limited to, | ||
the following: | ||
(1) Records identifying the quantities of clean | ||
construction or demolition debris and uncontaminated soil | ||
received. | ||
(2) The form and submission of reports to accompany | ||
the payment of fees to the Agency. | ||
(3) The time and manner of payment of fees to the | ||
Agency, which payments shall not be more often than | ||
quarterly. | ||
(c) Fees collected under this Section shall be in addition | ||
to any other fees collected under any other Section. | ||
(d) The Agency shall not refund any fee paid to it under | ||
this Section. | ||
(e) The Agency shall deposit all fees collected under this | ||
subsection into the Environmental Protection Permit and | ||
Inspection Fund. Pursuant to appropriation, all moneys | ||
collected under this Section shall be used by the Agency for |
the implementation of this Section and for permit and | ||
inspection activities. | ||
(f) A unit of local government, as defined in the Local | ||
Solid Waste Disposal Act, in which a clean construction or | ||
demolition debris fill operation is located and which has | ||
entered into a delegation agreement with the Agency pursuant | ||
to subsection (r) of Section 4 of this Act for inspection, | ||
investigation, or enforcement functions related to clean | ||
construction or demolition debris fill operations may | ||
establish a fee, tax, or surcharge with regard to clean | ||
construction or demolition debris or uncontaminated soil | ||
accepted by clean construction or demolition debris fill | ||
operations. All fees, taxes, and surcharges collected under | ||
this subsection shall be used for inspection, investigation, | ||
and enforcement functions performed by the unit of local | ||
government pursuant to the delegation agreement with the | ||
Agency and for environmental safety purposes . Fees, taxes, and | ||
surcharges established under this subsection (f) shall not | ||
exceed a total of 20 10 cents per cubic yard of clean | ||
construction or demolition debris or uncontaminated soil | ||
accepted by the clean construction or demolition debris fill | ||
operation, unless the owner or operator weighs the quantity of | ||
the clean construction or demolition debris or uncontaminated | ||
soil with a device for which certification has been obtained | ||
under the Weights and Measures Act, in which case the fee shall | ||
not exceed 14 7 cents per ton of clean construction or |
demolition debris or uncontaminated soil. | ||
(g) For the purposes of this Section: | ||
(1) The term "uncontaminated soil" shall have the same | ||
meaning as uncontaminated soil under Section 3.160 of this | ||
Act. | ||
(2) The term "clean construction or demolition debris | ||
fill operation" shall have the same meaning as clean | ||
construction or demolition debris fill operation under | ||
Section 22.51 of this Act.
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(Source: P.A. 96-1416, eff. 7-30-10.)
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