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90_SB1451eng
415 ILCS 5/22.15 from Ch. 111 1/2, par. 1022.15
Amends the Environmental Protection Act to make a
technical change to a provision concerning the Solid Waste
Management Fund.
LRB9009548NTsb
SB1451 Engrossed LRB9009548NTsb
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 such waste was produced and if the such sanitary landfill is
24 owned, controlled, and operated by a person other than the
25 generator of such waste. The Agency shall deposit all fees
26 collected into the Solid Waste Management Fund. If a site is
27 contiguous to one or more landfills owned or operated by the
28 same person, the volumes permanently disposed of by each
29 landfill shall be combined for purposes of determining the
30 fee under this subsection.
31 (1) If more than 150,000 cubic yards of
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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
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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;
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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
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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.
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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
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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
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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.)