Bill Amendment: IL SB1089 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EPA-DEBRIS RECOVERY FACILITY

Status: 2021-08-06 - Public Act . . . . . . . . . 102-0310 [SB1089 Detail]

Download: Illinois-2021-SB1089-House_Amendment_001.html

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Rep. Michael J. Zalewski

Filed: 5/20/2021

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AMENDMENT TO SENATE BILL 1089
AMENDMENT NO. ______. Amend Senate Bill 1089 on page 1,
line 5, after "22.38," by inserting "22.44,"; and
on page 41, by replacing lines 10 through 24 with the
following:
"For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in
subsection (a-1) of Section 3.160, the total fee, tax, or
surcharge imposed by all units of local government under this
subsection (j) upon the solid waste disposal facility shall
not exceed 50% of the applicable amount set forth above. A unit
of local government, as defined in the Local Solid Waste
Disposal Act, in which a general construction or demolition
debris recovery facility is located may establish a fee, tax,
or surcharge on the general construction or demolition debris
recovery facility with regard to the permanent disposal of
solid waste by the general construction or demolition debris

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recovery facility at a solid waste disposal facility, provided
that such fee, tax, or surcharge shall not exceed 50% of the
applicable amount set forth above, based on the total amount
of solid waste transported from the general construction or
demolition debris recovery facility for disposal at solid
waste disposal facilities, and the unit of local government
and fee shall be subject to all other requirements of this
subsection (j)."; and
on page 44, by replacing lines 11 through 13 with the
following:
"renders at least 50% of the waste reusable; the exemption
set forth in this paragraph (3) of this subsection (k)
shall not apply to general construction or demolition
debris recovery facilities as defined in subsection (a-1)
of Section 3.160;"; and
on page 45, by replacing lines 17 through 21 with the
following:
"(0.5) Ensure that no less than 40% of the total
general construction or demolition debris received at the
facility on a rolling 12-month average basis is recyclable
general construction or demolition debris as defined in
subsection (c). The percentage in this paragraph (0.5) of
subsection (b) shall be calculated by weight."; and

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on page 51, by replacing lines 14 through 16 with the
following:
"otherwise , incinerated or , burned, (ii) buried, or otherwise
used as fill material, including, but not limited to, the use
of any clean construction or demolition debris fraction of
general construction or demolition debris as fill material
under subsection (b) of Section 3.160 or at a clean
construction or demolition debris fill operation under Section
22.51, or (iii) disposed of at a landfill (ii) general
construction or"; and
on page 52, line 2, by replacing "and" with "and"; and
by replacing line 22 on page 53 through line 5 on page 54 with
the following:
"(k) No person shall cause or allow the deposit or other
placement of any general construction or demolition debris
that is received at a general construction or demolition
debris recovery facility, including any clean construction or
demolition debris fraction, into or on any land or water.
However, any clean construction or demolition debris fraction
may be used as fill or road construction material at a clean
construction or demolition debris fill operation under Section
22.51 and any rules or regulations adopted thereunder if the
clean construction or demolition debris is separated and
managed separately from other general construction or

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demolition debris and otherwise meets the requirements
applicable to clean construction or demolition debris at a
clean construction or demolition debris fill operation."; and
by replacing line 16 on page 54 through line 3 on page 55 with
the following:
"(n) No later than one year after the effective date of
this amendatory Act of the 102nd General Assembly, the Agency
shall propose to the Board, and no later than one year after
receipt of the Agency's proposal, the Board shall adopt, rules
for the permitting of general construction or demolition
debris recovery facilities. Such rules shall include, but not
be limited to: requirements for material receipt, handling,
storage, and transfer; improvements to best management
practices for identifying, testing for, and removing drywall
containing gypsum; recordkeeping; reporting; limiting or
prohibiting sulfur in wallboard used or disposed of at
landfills; and requirements for the separation and separate
management of any clean construction or demolition debris that
will be transported to a clean construction or demolition
debris fill operation."; and
on page 55, immediately below line 6, by inserting the
following:
"(415 ILCS 5/22.44)

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Sec. 22.44. Subtitle D management fees.
(a) There is created within the State treasury a special
fund to be known as the "Subtitle D Management Fund"
constituted from the fees collected by the State under this
Section.
(b) The Agency shall assess and collect a fee in the amount
set forth in this subsection from the owner or operator of each
sanitary landfill permitted or required to be permitted by the
Agency to dispose of solid waste if the sanitary landfill is
located off the site where the waste was produced and if the
sanitary landfill is owned, controlled, and operated by a
person other than the generator of the waste. The Agency shall
deposit all fees collected under this subsection into the
Subtitle D Management Fund. If a site is contiguous to one or
more landfills owned or operated by the same person, the
volumes permanently disposed of by each landfill shall be
combined for purposes of determining the fee under this
subsection.
(1) If more than 150,000 cubic yards of non-hazardous
solid waste is permanently disposed of at a site in a
calendar year, the owner or operator shall either pay a
fee of 10.1 cents per cubic yard or, alternatively, the
owner or operator may weigh the quantity of the solid
waste permanently disposed of with a device for which
certification has been obtained under the Weights and
Measures Act and pay a fee of 22 cents per ton of waste

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permanently disposed of.
(2) If more than 100,000 cubic yards, but not more
than 150,000 cubic yards, of non-hazardous waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $7,020.
(3) If more than 50,000 cubic yards, but not more than
100,000 cubic yards, of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $3,120.
(4) If more than 10,000 cubic yards, but not more than
50,000 cubic yards, of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $975.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay a
fee of $210.
(c) The fee under subsection (b) shall not apply to any of
the following:
(1) Hazardous waste.
(2) Pollution control waste.
(3) Waste from recycling, reclamation, or reuse
processes that have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render the wastes reusable, provided that the process
renders at least 50% of the waste reusable. However, the

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exemption set forth in this paragraph (3) of this
subsection (c) shall not apply to general construction or
demolition debris recovery facilities as defined in
subsection (a-1) of Section 3.160.
(4) Non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency.
(5) Any landfill that is permitted by the Agency to
receive only demolition or construction debris or
landscape waste.
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. These rules
shall include, but not be limited to the following:
(1) Necessary records identifying the quantities of
solid waste received or disposed.
(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.
(4) Procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Fees collected under this Section shall be in addition
to any other fees collected under any other Section.
(f) The Agency shall not refund any fee paid to it under

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this Section.
(g) Pursuant to appropriation, all moneys in the Subtitle
D Management Fund shall be used by the Agency to administer the
United States Environmental Protection Agency's Subtitle D
Program provided in Sections 4004 and 4010 of the Resource
Conservation and Recovery Act of 1976 (P.L. 94-580) as it
relates to a municipal solid waste landfill program in
Illinois and to fund a delegation of inspecting,
investigating, and enforcement functions, within the
municipality only, pursuant to subsection (r) of Section 4 of
this Act to a municipality having a population of more than
1,000,000 inhabitants. The Agency shall execute a delegation
agreement pursuant to subsection (r) of Section 4 of this Act
with a municipality having a population of more than 1,000,000
inhabitants within 90 days of September 13, 1993 and shall on
an annual basis distribute from the Subtitle D Management Fund
to that municipality no less than $150,000. Pursuant to
appropriation, moneys in the Subtitle D Management Fund may
also be used by the Agency for activities conducted under
Section 22.15a of this Act.
(Source: P.A. 93-32, eff. 7-1-03; 94-272, eff. 7-19-05.)".