Bill Text: IL HB4986 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Environmental Protection Act. Changes the categories of waste that qualify for exemptions from State and local tipping fees and Subtitle D management fees. Amends the Solid Waste Planning and Recycling Act. Requires each county to report its recycling and composting rate and its disposal rate to the Environmental Protection Agency. Establishes a recycling and composting goal that each county waste management plan must satisfy. Amends the Illinois Solid Waste Management Act. Authorizes the Department of Commerce and Economic Opportunity to prepare a resource management plan that contains certain information about recycling and composting in the State. Authorizes the Department to provide grants to counties, municipalities with a population of 1,000,000 or more, and municipal joint action agencies in order to help achieve the recycling and composting goals. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2012-07-26 - Public Act . . . . . . . . . 97-0853 [HB4986 Detail]

Download: Illinois-2011-HB4986-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB4986 Introduced , by Rep. Karen May SYNOPSIS AS INTRODUCED:
415 ILCS 5/22.15 from Ch. 111 1/2, par. 1022.15
415 ILCS 5/22.44
415 ILCS 15/5 from Ch. 85, par. 5955
415 ILCS 15/6 from Ch. 85, par. 5956
415 ILCS 20/6 from Ch. 111 1/2, par. 7056
Amends the Environmental Protection Act. Changes the categories of waste that qualify for exemptions from State and local tipping fees and Subtitle D management fees. Amends the Solid Waste Planning and Recycling Act. Requires each county to report its recycling and composting rate and its disposal rate to the Environmental Protection Agency. Establishes a recycling and composting goal that each county waste management plan must satisfy. Amends the Illinois Solid Waste Management Act. Authorizes the Department of Commerce and Economic Opportunity to prepare a resource management plan that contains certain information about recycling and composting in the State. Authorizes the Department to provide grants to counties, municipalities with a population of 1,000,000 or more, and municipal joint action agencies in order to help achieve the recycling and composting goals. Effective immediately.
LRB097 18517 JDS 63748 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4986 LRB097 18517 JDS 63748 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Sections 22.15 and 22.44 as follows:
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the "Solid Waste Management Fund",
to be constituted from the fees collected by the State pursuant
to this Section and from repayments of loans made from the Fund
for solid waste projects. Moneys received by the Department of
Commerce and Economic Opportunity in repayment of loans made
pursuant to the Illinois Solid Waste Management Act shall be
deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a fee in the amount
set forth herein 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 such waste was produced and if such sanitary
landfill is owned, controlled, and operated by a person other
than the generator of such waste. The Agency shall deposit all
fees collected into the Solid Waste Management Fund. If a site

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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 95 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 $2.00 per ton of solid waste
permanently disposed of. In no case shall the fee collected
or paid by the owner or operator under this paragraph
exceed $1.55 per cubic yard or $3.27 per ton.
(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 $52,630.
(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 $23,790.
(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

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owner or operator shall pay a fee of $7,260.
(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 $1050.
(c) (Blank).
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such rules
shall include, but not be limited to:
(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; and
(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) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency and the
Department of Commerce and Economic Opportunity for the
purposes set forth in this Section and in the Illinois Solid
Waste Management Act, including for the costs of fee collection
and administration.
(f) The Agency is authorized to enter into such agreements

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and to promulgate such rules as are necessary to carry out its
duties under this Section and the Illinois Solid Waste
Management Act.
(g) On the first day of January, April, July, and October
of each year, beginning on July 1, 1996, the State Comptroller
and Treasurer shall transfer $500,000 from the Solid Waste
Management Fund to the Hazardous Waste Fund. Moneys transferred
under this subsection (g) shall be used only for the purposes
set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial
assistance to units of local government for the performance of
inspecting, investigating and enforcement activities pursuant
to Section 4(r) at nonhazardous solid waste disposal sites.
(i) The Agency is authorized to support the operations of
an industrial materials exchange service, and to conduct
household waste collection and disposal programs.
(j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge with
regard to the permanent disposal of solid waste. All fees,
taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including
long-term monitoring and maintenance of landfills, planning,
implementation, inspection, enforcement and other activities
consistent with the Solid Waste Management Act and the Local
Solid Waste Disposal Act, or for any other environment-related

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purpose, including but not limited to an environment-related
public works project, but not for the construction of a new
pollution control facility other than a household hazardous
waste facility. However, 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:
(1) 60¢ per cubic yard if more than 150,000 cubic yards
of non-hazardous solid waste is permanently disposed of at
the site in a calendar year, unless the owner or operator
weighs the quantity of the solid waste received with a
device for which certification has been obtained under the
Weights and Measures Act, in which case the fee shall not
exceed $1.27 per ton of solid waste permanently disposed
of.
(2) $33,350 if more than 100,000 cubic yards, but not
more than 150,000 cubic yards, of non-hazardous waste is
permanently disposed of at the site in a calendar year.
(3) $15,500 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 the site in a calendar year.
(4) $4,650 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 the site in a calendar year.
(5) $$650 if not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at the
site in a calendar year.

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The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a
highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped on
public property in violation of a State law or local ordinance.
A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in the
removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local
ordinance.
If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement with
the Agency pursuant to subsection (r) of Section 4. The unit of
local government and the Agency shall enter into such a written
delegation agreement within 60 days after the establishment of
such fees. At least annually, the Agency shall conduct an audit
of the expenditures made by units of local government from the
funds granted by the Agency to the units of local government
for purposes of local sanitary landfill inspection and
enforcement programs, to ensure that the funds have been
expended for the prescribed purposes under the grant.

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The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local government
in a separate fund, and the interest received on the moneys in
the fund shall be credited to the fund. The monies in the fund
may be accumulated over a period of years to be expended in
accordance with this subsection.
A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and distribute to the Agency,
in April of each year, a report that details spending plans for
monies collected in accordance with this subsection. The report
will at a minimum include the following:
(1) The total monies collected pursuant to this
subsection.
(2) The most current balance of monies collected
pursuant to this subsection.
(3) An itemized accounting of all monies expended for
the previous year pursuant to this subsection.
(4) An estimation of monies to be collected for the
following 3 years pursuant to this subsection.
(5) A narrative detailing the general direction and
scope of future expenditures for one, 2 and 3 years.
The exemptions granted under Sections 22.16 and 22.16a, and
under subsection (k) of this Section, shall be applicable to
any fee, tax or surcharge imposed under this subsection (j);
except that the fee, tax or surcharge authorized to be imposed
under this subsection (j) may be made applicable by a unit of

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local government to the permanent disposal of solid waste after
December 31, 1986, under any contract lawfully executed before
June 1, 1986 under which more than 150,000 cubic yards (or
50,000 tons) of solid waste is to be permanently disposed of,
even though the waste is exempt from the fee imposed by the
State under subsection (b) of this Section pursuant to an
exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1, 1989
the fee under subsection (b) and the fee, tax or surcharge
under subsection (j) shall not apply to:
(1) Waste which is hazardous waste; or
(2) Waste which is water or waste water treatment plant
sludges pollution control waste; or
(3) Waste from facilities accepting exclusively
general construction or demolition debris under Section
22.38, provided that such facilities' processes have been
approved by the Agency on an annual basis as operating so
as to render at least 50%, by weight, of the reusable waste
as recyclable general construction or demolition debris,
or recovered wood that is processed for use as a fuel, as
those terms are defined in Section 22.38. recycling,
reclamation or reuse processes which have been approved by
the Agency as being designed to remove any contaminant from
wastes so as to render such wastes reusable, provided that
the process renders at least 50% of the waste reusable; or

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(4) Non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency; or
(5) Any landfill which is permitted by the Agency to
receive only demolition or construction debris or
landscape waste.
(Source: P.A. 97-333, eff. 8-12-11.)
(415 ILCS 5/22.44)
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

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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
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.

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(c) The fee under subsection (b) shall not apply to any of
the following:
(1) hazardous Hazardous waste; .
(2) waste or waste water treatment plant sludges; or
Pollution control waste.
(3) waste Waste from facilities accepting exclusively
general construction or demolition debris under Section
22.38, provided that such facilities' processes have been
approved by the Agency on an annual basis as operating so
as to render at least 50%, by weight, of the reusable waste
as recyclable general construction or demolition debris,
or recovered wood that is processed for use as a fuel, as
those terms are defined in Section 22.38 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.
(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:

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(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
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

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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.)
Section 10. The Solid Waste Planning and Recycling Act is
amended by changing Sections 5 and 6 as follows:
(415 ILCS 15/5) (from Ch. 85, par. 5955)
Sec. 5. (a) Prior to adopting a waste management plan for
submission to the Agency, the county shall form an advisory
committee, which shall include representatives from
municipalities within the county, citizen organizations,
industry, the private solid waste management industry
operating within the county, local recyclers and any other
persons deemed appropriate by the county. The advisory
committee shall review the plan during its preparation, make
suggestions and propose any changes it believes appropriate.
(b) The county shall provide written notice to all
municipalities and interested members of the public when plan
development begins and shall provide periodic written progress
reports to such entities concerning the preparation of the

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plan.
(c) Prior to adoption by the governing body of the county,
the county shall submit copies of the proposed plan for review
and comment to the Agency, all municipalities within the
county, all areawide planning agencies and the county health
department. The county shall also make the proposed plan
available for public review and comment. The period for review
and comment shall be 90 days. The county shall hold at least
one public hearing on the proposed plan during this period. The
plan subsequently submitted to the governing body of the county
for adoption shall be accompanied by a document containing
written responses to substantive comments made during the
comment period.
(d) The governing body of the county shall adopt a plan
within 60 days from the end of the public comment period.
Within 10 days of adoption, the plan shall be submitted to the
Agency for review.
(e) Each county waste management plan shall be updated and
reviewed every 5 years, and any necessary or appropriate
revisions shall be submitted to the Agency for review and
comment.
(f) Each county shall report its recycling and composting
rate and its disposal rate annually to the Agency in accordance
with the methodology in the Illinois Resource Management Plan
prepared pursuant to Section 6 of the Solid Waste Management
Act.

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(Source: P.A. 89-443, eff. 7-1-96.)
(415 ILCS 15/6) (from Ch. 85, par. 5956)
Sec. 6. Each county waste management plan adopted under
Section 4 and updated under Section 5 shall include a recycling
program. Such recycling program:
(1) shall be implemented throughout the county and include
a time schedule for implementation of the program.
(2) shall provide for the designation of a recycling
coordinator to administer the program.
(3) shall be designed to recycle and compost, by the end of
the years 2020 and 2025 third and fifth years of the program,
respectively, 40% 15% and 45% 25% of the municipal waste
generated in the counties with a population over 200,000 as of
the 2010 United States census; and 30% and 35%, respectively,
in counties with a population of 200,000 or under county,
subject to the existence of a viable market for the recycled
material, based on measurements of recycling and waste
generated in terms of weight. Each county may implement
programs recommended in the Illinois Resource Management Plan
to achieve the recycling and composting rates and shall
describe in the 5-year plan updates the programs, if any, from
the Illinois Resource Management Plan that it has implemented.
The determination of recycling rate shall not include:
discarded motor vehicles, wastes used for clean fill or erosion
control, or commercial, institutional or industrial machinery

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or equipment.
(4) may provide for the construction and operation of one
or more recycling centers by a unit of local government, or for
contracting with other public or private entities for the
operation of recycling centers.
(5) may require residents of the county to separate
recyclable materials at the time of disposal or trash pick-up.
(6) may make special provision for commercial and
institutional establishments that implement their own
specialized recycling programs, provided that such
establishments annually provide written documentation to the
county of the total number of tons of material recycled.
(7) shall provide for separate collection and composting of
leaves.
(8) shall include public education and notification
programs to foster understanding of and encourage compliance
with the recycling program.
(9) shall include provisions for compliance, including
incentives and penalties.
(10) shall include provisions for (i) recycling the
collected materials, (ii) identifying potential markets for at
least 3 recyclable materials, and (iii) promoting the use of
products made from recovered or recycled materials among
businesses, newspapers and local governments in the county.
(11) may provide for the payment of recycling diversion
credits to public and private parties engaged in recycling

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activities.
(Source: P.A. 86-777; 87-650.)
Section 15. The Illinois Solid Waste Management Act is
amended by changing Section 6 as follows:
(415 ILCS 20/6) (from Ch. 111 1/2, par. 7056)
Sec. 6. The Department of Commerce and Economic Opportunity
shall be the lead agency for implementation of this Act and
shall have the following powers:
(a) To provide technical and educational assistance for
applications of technologies and practices which will minimize
the land disposal of non-hazardous solid waste; economic
feasibility of implementation of solid waste management
alternatives; analysis of markets for recyclable materials and
energy products; application of the Geographic Information
System to provide analysis of natural resource, land use, and
environmental impacts; evaluation of financing and ownership
options; and evaluation of plans prepared by units of local
government pursuant to Section 22.15 of the Environmental
Protection Act.
(b) To provide technical assistance in siting pollution
control facilities, defined as any waste storage site, sanitary
landfill, waste disposal site, waste transfer station or waste
incinerator.
(c) To provide loans or recycling and composting grants to

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businesses and not-for-profit and governmental organizations
for the purposes of increasing the quantity of materials
recycled or composted in Illinois; developing and implementing
innovative recycling methods and technologies; developing and
expanding markets for recyclable materials; and increasing the
self-sufficiency of the recycling industry in Illinois. The
Department shall work with and coordinate its activities with
existing for-profit and not-for-profit collection and
recycling systems to encourage orderly growth in the supply of
and markets for recycled materials and to assist existing
collection and recycling efforts.
The Department shall develop a public education program
concerning the importance of both composting and recycling in
order to preserve landfill space in Illinois.
(d) To establish guidelines and funding criteria for the
solicitation of projects under this Act, and to receive and
evaluate applications for loans or grants for solid waste
management projects based upon such guidelines and criteria.
Funds may be loaned with or without interest.
(e) To support and coordinate solid waste research in
Illinois, and to approve the annual solid waste research agenda
prepared by the University of Illinois.
(f) To provide loans or grants for research, development
and demonstration of innovative technologies and practices,
including but not limited to pilot programs for collection and
disposal of household wastes.

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(g) To promulgate such rules and regulations as are
necessary to carry out the purposes of subsections (c), (d) and
(f) of this Section.
(g-5) To prepare and periodically update a statewide
Illinois Resource Management Plan. The Plan shall contain, at a
minimum, the following provisions:
(1) an estimate, using 2010 as a base year, of the
amount and composition of waste disposed and the amount and
composition of material recycled and composted on both a
statewide and per capita basis;
(2) a methodology for counties to use in determining
their recycling and composting rate on an annual basis;
(3) a methodology for counties to use in determining
their disposal rates on an annual basis;
(4) recycling, reuse, and composting programs that are
applicable to counties with a population of over 200,000
according to the 2010 United States census;
(5) recycling, reuse, and composting programs that are
applicable to counties with a population of 200,000 or less
according to the 2010 United States census;
(6) education and public outreach programs that are
applicable to all counties;
(7) an assessment of the potential barriers to
achieving the recycling and composting requirement in
Section 6 of the Solid Waste Planning and Recycling Act and
strategies for overcoming those barriers;

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(8) an evaluation of the role that the Agency and the
Department have in assisting counties and the State as a
whole in achieving higher recycling and composting rates;
(9) an evaluation of whether Illinois should require
counties to implement mandatory recycling and composting
programs; and
(10) an evaluation of the types of programs and
legislation necessary for the State of Illinois to achieve
an overall disposal rate of 40% of the waste generated by
the year 2030.
(g-6) To provide annual resource recovery grants to
counties, municipalities with a population of 1,000,000 or
more, and municipal joint action agencies, based on the
population of such units of local government, to help achieve
the recycling and composting requirements in Section 6 of the
Solid Waste Planning and Recycling Act. To be eligible for an
annual resource recovery grant a unit of local government must
have:
(1) a designated recycling coordinator;
(2) submitted the appropriate 5-year plan update to the
Agency; and
(3) submitted annual recycling and composting rate,
and disposal rate information in accordance with
subsection (f) of Section 5 of the Solid Waste Planning and
Recycling Act.
(h) To cooperate with the Environmental Protection Agency

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for the purposes specified herein.
The Department is authorized to accept any and all grants,
repayments of interest and principal on loans, matching funds,
reimbursements, appropriations, income derived from
investments, or other things of value from the federal or state
governments or from any institution, person, partnership,
joint venture, corporation, public or private.
The Department is authorized to use moneys available for
that purpose, subject to appropriation, expressly for the
purpose of implementing a loan program according to procedures
established pursuant to this Act. Those moneys shall be used by
the Department for the purpose of financing additional projects
and for the Department's administrative expenses related
thereto.
(Source: P.A. 94-91, eff. 7-1-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.