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91_HB0670
LRB9103248ACtm
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 22.16.
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 22.16 as follows:
7 (415 ILCS 5/22.16) (from Ch. 111 1/2, par. 1022.16)
8 Sec. 22.16. Fee exemptions.
9 (a) The Agency shall grant exemptions from the fee
10 requirements of Section 22.15 of this Act for permanent
11 disposal or transport of solid waste meeting all of the
12 following criteria:
13 (1) permanent disposal of the solid waste is pursuant to
14 a written contract between the owner or operator of the
15 sanitary landfill and some other person, or transport of the
16 solid waste is pursuant to a written contract between the
17 transporter and some other person;
18 (2) the contract for permanent disposal or transport of
19 solid waste was lawfully executed on or before December 31,
20 1986, and by its express terms continues beyond January 1,
21 1987, or was lawfully executed during 1987 or 1988 and by its
22 express terms continues beyond January 1, 1989;
23 (3) the contract for permanent disposal or transport of
24 solid waste establishes a fixed fee or compensation, does not
25 allow the operator or transporter to pass the fee through to
26 another party, and does not allow voluntary cancellation or
27 re-negotiation of the compensation or fee during the term of
28 the contract; and
29 (4) the contract was lawfully executed on or before
30 December 31, 1986 and has not been amended at any time after
31 that date, or was lawfully executed during 1987 or 1988 and
-2- LRB9103248ACtm
1 has not been amended on or after January 1, 1989.
2 (b) Exemptions granted under this Section shall cause
3 the solid waste received by an owner or operator of a
4 sanitary landfill pursuant to a contract exempted under this
5 Section to be disregarded in calculating the volume or weight
6 of solid waste permanently disposed of during a calendar year
7 under Section 22.15 of this Act.
8 (c) Applications for exemptions under this Section may
9 be granted retroactively. Applications for retroactive or
10 prospective exemptions must be submitted with proof of
11 satisfaction of all criteria for granting the exemption, and
12 must be received by the Agency before March 1, 1989.
13 (d) It shall be the duty of an owner or operator of a
14 sanitary landfill to keep accurate records and to prove to
15 the satisfaction of the Agency the volume or weight of solid
16 waste received under an exemption during a calendar year.
17 (e) Exemptions under this Section shall expire upon the
18 expiration, renewal or amendment of the exempted contract,
19 whichever occurs first.
20 (Source: P.A. 85-1195.)