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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 002 ] |
90_HB0260sam001
LRB9001205DPcwam
1 AMENDMENT TO HOUSE BILL 260
2 AMENDMENT NO. . Amend House Bill 260 by replacing
3 the title with the following:
4 "AN ACT to amend the Environmental Protection Act by
5 changing Section 22.15."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Environmental Protection Act is amended
9 by changing Section 22.15 as follows:
10 (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
11 Sec. 22.15. Solid Waste Management Fund; fees.
12 (a) There is hereby created within the State Treasury a
13 special fund to be known as the "Solid Waste Management Fund"
14 constituted from the fees collected by the State pursuant to
15 this Section and from repayments of loans made from the Fund
16 for solid waste projects. Moneys received by the Department
17 of Commerce and Community Affairs in repayment of loans made
18 pursuant to the Illinois Solid Waste Management Act shall be
19 deposited into the Solid Waste Management Revolving Loan
20 Fund.
21 (b) On and after January 1, 1987, the Agency shall
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1 assess and collect a fee in the amount set forth herein from
2 the owner or operator of each sanitary landfill permitted or
3 required to be permitted by the Agency to dispose of solid
4 waste if the sanitary landfill is located off the site where
5 such waste was produced and if such sanitary landfill is
6 owned, controlled, and operated by a person other than the
7 generator of such waste. The Agency shall deposit all fees
8 collected into the Solid Waste Management Fund. If a site is
9 contiguous to one or more landfills owned or operated by the
10 same person, the volumes permanently disposed of by each
11 landfill shall be combined for purposes of determining the
12 fee under this subsection.
13 (1) If more than 150,000 cubic yards of
14 non-hazardous solid waste is permanently disposed of at a
15 site in a calendar year, the owner or operator shall
16 either pay a fee of 45 cents per cubic yard (60¢ per
17 cubic yard from January 1, 1989 through December 31,
18 1993), or alternatively the owner or operator may weigh
19 the quantity of the solid waste permanently disposed of
20 with a device for which certification has been obtained
21 under the Weights and Measures Act and pay a fee of 95
22 cents per ton ($1.27 per ton from January 1, 1989 through
23 December 31, 1993) of solid waste permanently disposed
24 of. An owner or operator that is subject to any fee, tax,
25 or surcharge imposed under the authority of subsection
26 (j) of this Section on September 26, 1991, with respect
27 to fees due to the Agency under this paragraph after
28 December 31, 1991 and before January 1, 1994, shall
29 deduct from the amount paid to the Agency the amount by
30 which the fee paid under subsection (j) exceeds 45 cents
31 per cubic yard or 95 cents per ton. In no case shall the
32 fee collected or paid by the owner or operator under this
33 paragraph exceed $1.05 per cubic yard or $2.22 per ton.
34 (2) If more than 100,000 cubic yards, but not more
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1 than 150,000 cubic yards of non-hazardous waste is
2 permanently disposed of at a site in a calendar year, the
3 owner or operator shall pay a fee of $25,000 ($33,350 in
4 1989, 1990 and 1991).
5 (3) If more than 50,000 cubic yards, but not more
6 than 100,000 cubic yards of non-hazardous solid waste is
7 permanently disposed of at a site in a calendar year, the
8 owner or operator shall pay a fee of $11,300 ($15,500 in
9 1989, 1990 and 1991).
10 (4) If more than 10,000 cubic yards, but not more
11 than 50,000 cubic yards of non-hazardous solid waste is
12 permanently disposed of at a site in a calendar year, the
13 owner or operator shall pay a fee of $3,450 ($4,650 in
14 1989, 1990 and 1991).
15 (5) If not more than 10,000 cubic yards of
16 non-hazardous solid waste is permanently disposed of at a
17 site in a calendar year, the owner or operator shall pay
18 a fee of $500 ($650 in 1989, 1990 and 1991).
19 (c) From January 1, 1987 through December 31, 1988, the
20 fee set forth in this Section shall not apply to:
21 (1) Solid waste which is hazardous waste;
22 (2) Any landfill which is permitted by the Agency
23 to receive only demolition or construction debris or
24 landscape waste; or
25 (3) The following wastes:
26 (A) Foundry sand;
27 (B) Coal combustion by-product, including
28 scrubber waste and fluidized bed boiler waste which
29 does not contain metal cleaning waste;
30 (C) Slag from the manufacture of iron and
31 steel;
32 (D) Pollution Control Waste;
33 (E) Wastes from recycling, reclamation or
34 reuse processes designed to remove any contaminant
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1 from wastes so as to render such wastes reusable,
2 provided that the process renders at least 50% of
3 the waste reusable;
4 (F) Non-hazardous solid waste that is received
5 at a sanitary landfill after January 1, 1987 and
6 recycled through a process permitted by the Agency.
7 (d) The Agency shall establish rules relating to the
8 collection of the fees authorized by this Section. Such
9 rules shall include, but not be limited to:
10 (1) necessary records identifying the quantities of
11 solid waste received or disposed;
12 (2) the form and submission of reports to accompany
13 the payment of fees to the Agency;
14 (3) the time and manner of payment of fees to the
15 Agency, which payments shall not be more often than
16 quarterly; and
17 (4) procedures setting forth criteria establishing
18 when an owner or operator may measure by weight or volume
19 during any given quarter or other fee payment period.
20 (e) Pursuant to appropriation, all monies in the Solid
21 Waste Management Fund shall be used by the Agency and the
22 Department of Commerce and Community Affairs for the purposes
23 set forth in this Section and in the Illinois Solid Waste
24 Management Act, including for the costs of fee collection and
25 administration, and through June 30, 1989, by the University
26 of Illinois for research consistent with the Illinois Solid
27 Waste Management Act.
28 (f) The Agency is authorized to enter into such
29 agreements and to promulgate such rules as are necessary to
30 carry out its duties under this Section and the Illinois
31 Solid Waste Management Act.
32 (g) On the first day of January, April, July, and
33 October of each year, beginning on July 1, 1996, the State
34 Comptroller and Treasurer shall transfer $500,000 from the
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1 Solid Waste Management Fund to the Hazardous Waste Fund.
2 Moneys transferred under this subsection (g) shall be used
3 only for the purposes set forth in item (1) of subsection (d)
4 of Section 22.2. of Commerce and Community Affairs of
5 Commerce and Community Affairs
6 (h) The Agency is authorized to provide financial
7 assistance to units of local government for the performance
8 of inspecting, investigating and enforcement activities
9 pursuant to Section 4(r) at nonhazardous solid waste disposal
10 sites.
11 (i) The Agency is authorized to support the operations
12 of an industrial materials exchange service, and to conduct
13 household waste collection and disposal programs.
14 (j) A unit of local government, as defined in the Local
15 Solid Waste Disposal Act, in which a solid waste transfer
16 station or disposal facility is located may establish a fee,
17 tax, or surcharge with regard to the transfer or permanent
18 disposal of solid waste. All fees, taxes, and surcharges
19 collected under this subsection shall, to be utilized for
20 solid waste management purposes, including long-term
21 monitoring and maintenance of landfills, planning,
22 implementation, inspection, enforcement and other activities
23 consistent with the Solid Waste Management Act and the Local
24 Solid Waste Disposal Act, or for any other
25 environment-related purpose, including but not limited to an
26 environment-related public works project, but not for the
27 construction of a new pollution control facility. However,
28 the total fee, tax, or surcharge imposed by all units of
29 local government under this subsection (j) upon the solid
30 waste transfer station or disposal facility shall not exceed:
31 (1) 45¢ per cubic yard (60¢ per cubic yard
32 beginning January 1, 1992) if more than 150,000 cubic
33 yards of non-hazardous solid waste is transferred from
34 the transfer station or permanently disposed of at the
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1 site in a calendar year, unless the owner or operator
2 weighs the quantity of the solid waste received with a
3 device for which certification has been obtained under
4 the Weights and Measures Act, in which case the fee shall
5 not exceed 95¢ per ton ($1.27 per ton beginning January
6 1, 1992) of solid waste transferred or permanently
7 disposed of.
8 (2) $25,000 ($33,350 beginning in 1992) if more
9 than 100,000 cubic yards, but not more than 150,000 cubic
10 yards, of non-hazardous waste is transferred from or
11 permanently disposed of at the site in a calendar year.
12 (3) $11,300 ($15,500 beginning in 1992) if more
13 than 50,000 cubic yards, but not more than 100,000 cubic
14 yards, of non-hazardous solid waste is transferred from
15 or permanently disposed of at the site in a calendar
16 year.
17 (4) $3,450 ($4,650 beginning in 1992) if more than
18 10,000 cubic yards, but not more than 50,000 cubic yards,
19 of non-hazardous solid waste is transferred from or
20 permanently disposed of at the site in a calendar year.
21 (5) $500 ($650 beginning in 1992) if not more than
22 10,000 cubic yards of non-hazardous solid waste is
23 transferred from or permanently disposed of at the site
24 in a calendar year.
25 The fee authorized in this subsection on the transfer of
26 waste may only be imposed on the transfer of waste from a
27 transfer station to a landfill for disposal. If the disposal
28 of waste at the landfill is subject to a fee imposed by a
29 unit of local government under this subsection, the maximum
30 fee authorized on the transfer of waste to that landfill may
31 not exceed 46% of the fees authorized in this subsection.
32 If the waste disposed at a landfill was received from a
33 transfer station in which the fee, tax, or surcharge
34 authorized under this subsection was imposed, then the fee,
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1 tax, or surcharge authorized under this subsection and
2 imposed on the transferred waste by the unit of local
3 government where the landfill is located shall not exceed 52%
4 of the fees authorized in this subsection.
5 The fee authorized in this subsection on the transfer of
6 waste may not be imposed on waste transferred to a landfill
7 that is owned by a unit of local government and is
8 operational on the effective date of this amendatory Act of
9 1997.
10 The corporate authorities of the unit of local government
11 may use proceeds from the fee, tax, or surcharge to reimburse
12 a highway commissioner whose road district lies wholly or
13 partially within the corporate limits of the unit of local
14 government for expenses incurred in the removal of
15 nonhazardous, nonfluid municipal waste that has been dumped
16 on public property in violation of a State law or local
17 ordinance.
18 A county or Municipal Joint Action Agency that imposes a
19 fee, tax, or surcharge under this subsection may use the
20 proceeds thereof to reimburse a municipality that lies wholly
21 or partially within its boundaries for expenses incurred in
22 the removal of nonhazardous, nonfluid municipal waste that
23 has been dumped on public property in violation of a State
24 law or local ordinance.
25 If the fees are to be used to conduct a local sanitary
26 landfill inspection or enforcement program, the unit of local
27 government must enter into a written delegation agreement
28 with the Agency pursuant to subsection (r) of Section 4. The
29 unit of local government and the Agency shall enter into such
30 a written delegation agreement within 60 days after the
31 establishment of such fees or August 23, 1988, whichever is
32 later. For the year commencing January 1, 1989, and at least
33 annually thereafter, the Agency shall conduct an audit of the
34 expenditures made by units of local government from the funds
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1 granted by the Agency to the units of local government for
2 purposes of local sanitary landfill inspection and
3 enforcement programs, to ensure that the funds have been
4 expended for the prescribed purposes under the grant.
5 The fees, taxes or surcharges collected under this
6 subsection (j) shall be placed by the unit of local
7 government in a separate fund, and the interest received on
8 the moneys in the fund shall be credited to the fund. The
9 monies in the fund may be accumulated over a period of years
10 to be expended in accordance with this subsection.
11 A unit of local government, as defined in the Local Solid
12 Waste Disposal Act, shall prepare and distribute to the
13 Agency, in April of each year, a report that details spending
14 plans for monies collected in accordance with this
15 subsection. The report will at a minimum include the
16 following:
17 (1) The total monies collected pursuant to this
18 subsection.
19 (2) The most current balance of monies collected
20 pursuant to this subsection.
21 (3) An itemized accounting of all monies expended
22 for the previous year pursuant to this subsection.
23 (4) An estimation of monies to be collected for the
24 following 3 years pursuant to this subsection.
25 (5) A narrative detailing the general direction and
26 scope of future expenditures for one, 2 and 3 years.
27 The exemptions granted under Sections 22.16 and 22.16a,
28 and under subsections (c) and (k) of this Section, shall be
29 applicable to any fee, tax or surcharge imposed under this
30 subsection (j); except that the fee, tax or surcharge
31 authorized to be imposed under this subsection (j) may be
32 made applicable by a unit of local government to the
33 permanent disposal of solid waste after December 31, 1986,
34 under any contract lawfully executed before June 1, 1986
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1 under which more than 150,000 cubic yards (or 50,000 tons) of
2 solid waste is to be permanently disposed of, even though the
3 waste is exempt from the fee imposed by the State under
4 subsection (b) of this Section pursuant to an exemption
5 granted under Section 22.16.
6 (k) In accordance with the findings and purposes of the
7 Illinois Solid Waste Management Act, beginning January 1,
8 1989 the fee under subsection (b) and the fee, tax or
9 surcharge under subsection (j) shall not apply to:
10 (1) Waste which is hazardous waste; or
11 (2) Waste which is pollution control waste; or
12 (3) Waste from recycling, reclamation or reuse
13 processes which have been approved by the Agency as being
14 designed to remove any contaminant from wastes so as to
15 render such wastes reusable, provided that the process
16 renders at least 50% of the waste reusable; or
17 (4) Non-hazardous solid waste that is received at a
18 sanitary landfill and composted or recycled through a
19 process permitted by the Agency; or
20 (5) Any transfer station or landfill which is
21 permitted by the Agency to receive only demolition or
22 construction debris or landscape waste.
23 (Source: P.A. 88-474; 89-93, eff. 7-6-95; 89-443, eff.
24 7-1-96; 89-445, eff. 2-7-96; revised 3-19-96.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.".