Bill Text: IL SB0066 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Truth in Recycling Act. Provides that a person who represents in advertising, or on the label or container of, a consumer good manufactured or distributed by the person that the consumer good is not harmful to or is beneficial to the natural environment through the use of specified environmental terms, through the use of a chasing arrows symbol, or by otherwise directing a consumer to recycle the consumer good shall maintain in written form in the person's records specified information and documentation supporting the validity of the representation. Requires the information and documentation to be furnished to any member of the public upon request. Provides that a rigid plastic bottle or rigid plastic container sold in the State shall be labeled with a code meeting specified requirements and that indicates the resin used to produce the rigid plastic bottle or rigid plastic container. Contains provisions regarding deceptive or misleading claims about the recyclability of a product or packaging. Contains other provisions. Amends the Environmental Protection Act. Authorizes moneys in the Solid Waste Management Fund to be used by the Environmental Protection Agency to administer the Truth in Recycling Act. Amends the Solid Waste Planning and Recycling Act. Repeals a provision regarding coding for single use plastic bottles and other single use rigid plastic containers with specified capacities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-01-20 - Referred to Assignments [SB0066 Detail]

Download: Illinois-2023-SB0066-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0066 Introduced 1/20/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
New Act
415 ILCS 5/22.15
415 ILCS 15/10 rep.
Creates the Truth in Recycling Act. Provides that a person who represents in advertising or on the label or container of a consumer good manufactured or distributed by the person that the consumer good is not harmful to or is beneficial to the natural environment through the use of specified environmental terms, through the use of a chasing arrows symbol, or by otherwise directing a consumer to recycle the consumer good shall maintain in written form in the person's records specified information and documentation supporting the validity of the representation. Requires the information and documentation to be furnished to any member of the public upon request. Provides that a rigid plastic bottle or rigid plastic container sold in the State shall be labeled with a code meeting specified requirements and that indicates the resin used to produce the rigid plastic bottle or rigid plastic container. Contains provisions regarding deceptive or misleading claims about the recyclability of a product or packaging. Contains other provisions. Amends the Environmental Protection Act. Authorizes moneys in the Solid Waste Management Fund to be used by the Environmental Protection Agency to administer the Truth in Recycling Act. Amends the Solid Waste Planning and Recycling Act. Repeals a provision regarding coding for single use plastic bottles and other single use rigid plastic containers with specified capacities.
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A BILL FOR
SB0066 LRB103 04644 CPF 49652 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Truth
in Recycling Act.
Section 5. Definitions. In this Act:
"Agency" means the Illinois Environmental Protection
Agency.
"Board" means the Illinois Pollution Control Board
established under the Environmental Protection Act.
"Chasing arrows symbol" means an equilateral triangle
formed by 3 arrows curved at their midpoints and depicting a
clockwise path, with a short gap separating the apex of each
arrow from the base of the adjacent arrow. "Chasing arrows
symbol" includes variants of that symbol that are likely to be
interpreted by a consumer as an implication of recyclability,
including, but not limited to, one or more arrows arranged in a
circular pattern or around a globe.
"Consumable product" means a commodity that is intended to
be used and not disposed of.
"Consumer good" means any article that is used or bought
for use primarily for personal, family, or household purposes.
"Consumer good" does not include any food item.

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"Environmental marketing claim" includes any one or more
of the types of claims described in the "Guides for the Use of
Environmental Marketing Claims" promulgated by the Federal
Trade Commission under the Federal Trade Commission Act and
codified under 16 CFR 260, including, but not limited to,
marketing assertions concerning seals of approval and carbon
offsets and certifications.
"Environmental marketing terms" include "environmental
choice", "ecologically friendly", "Earth friendly",
"environmentally friendly", "ecologically sound",
"environmentally sound", "environmentally safe",
"ecologically safe", "environmentally light", "green product",
and any other like term used to imply that a consumer good is
beneficial or not harmful to the natural environment.
"Person" means any individual, firm, partnership,
corporation, joint stock company, association, organization,
or other legal equity.
"PFAS" means any of the perfluoroalkyl or polyfluoroalkyl
substances included in the United States Environmental
Protection Agency's expanded ToxCast chemical inventory.
"Retailer" means any person who engages in the business of
selling consumer goods to retail buyers.
"Wholesaler" means any person, other than a retailer, who
sells, resells, or otherwise places a product into the stream
of commerce.

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Section 10. Representation of consumer goods.
(a) A person who represents in advertising for, or on the
label or container of, a consumer good manufactured or
distributed by the person that the consumer good is not
harmful to or is beneficial to the natural environment through
the use of environmental marketing terms or a chasing arrows
symbol or by otherwise directing a consumer to recycle the
consumer good shall maintain in written form in the person's
records and make available to any member of the public upon
request all of the following information and documentation
supporting the validity of the representation:
(1) the reasons the person believes the representation
to be true;
(2) any significant adverse environmental impact
directly associated with the production, distribution,
use, or disposal of the consumer good;
(3) any measure taken by the person to reduce the
environmental impacts directly associated with the
production, distribution, or disposal of the consumer
good;
(4) any violation of a federal, State, or local
permit, law, or regulation directly associated with the
production or distribution of the consumer good;
(5) a statement regarding whether the assertions made
by the person concerning the consumer good conform to the
standards contained in the Federal Trade Commission's

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"Guides for the Use of Environmental Marketing Claims" if
such a standard exists for the assertion; and
(6) a description of whether the consumer good is
recyclable in the State under this Act if the person
represents in advertising that the consumer good is
recyclable, uses a chasing arrows symbol on the product,
or directs a consumer to recycle the consumer good.
(b) A person who is a wholesaler or retailer and does not
initiate a representation by advertising or by placing the
representation on a product or packaging has not made the
representation for purposes of this Section.
(c) No person shall make an untruthful, deceptive, or
misleading environmental marketing claim concerning a consumer
good. A person who displays a chasing arrows symbol or
otherwise directs a consumer to recycle a consumer good is not
making an untruthful, deceptive, or misleading environmental
marketing claim concerning the consumer good if the consumer
good is required by any federal or Illinois law, rule, or
regulation to display the chasing arrows symbol or the person
is required by law to make such a direction. In this
subsection, to "otherwise direct a consumer to recycle a
consumer good" does not include directing a consumer to
compost or properly dispose of a consumer good through a
State-sponsored or Agency-administered recycling or materials
management program.

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Section 15. Rigid plastic bottles and rigid plastic
containers.
(a) Each rigid plastic bottle and rigid plastic container
sold in the State shall be labeled with a code indicating the
predominant resin used to produce the rigid plastic bottle or
rigid plastic container. A rigid plastic bottle or rigid
plastic container with a label and basecup of different
materials shall be coded according to its basic material. The
code shall consist of a number placed inside a triangle and
letters placed below the triangle. The numbers and letters
used shall be as follows:
(1) If the resin is polyethylene terephthalate, the
number "1" and the letters "PETE" shall be used.
(2) If the resin is high density polyethylene, the
number "2" and the letters "HDPE" shall be used.
(3) If the resin is vinyl, the number "3" and the
letter "V" shall be used.
(4) If the resin is low density polyethylene, the
number "4" and the letters LDPE" shall be used.
(5) If the resin is polypropylene, the number "5" and
the letters "PP" shall be used.
(6) If the resin is polystyrene, the number "6" and
the letters "PS" shall be used.
(7) If the resin is composed of more than one layer of
a resin, the number "7" and the letters "OTHER" shall be
used.

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(b) The Agency shall maintain a list of abbreviations used
on labels under subsection (a) and shall provide a copy of that
list to any person upon request.
Section 20. Deceptive or misleading claims about
recyclability.
(a) No person shall offer for sale, sell, distribute, or
import in or into the State any product or packaging for which
a deceptive or misleading claim regarding the recyclability of
the product or packaging is made.
(b) Except as provided in subsection (c), a product or
packaging that displays a chasing arrows symbol, a chasing
arrows symbol surrounding a resin identification code under
subsection (a) of Section 15, or any other symbol or statement
indicating that the product or packaging is recyclable or that
otherwise directs the consumer to recycle the product or
packaging is deemed to be a deceptive or misleading claim
under this Section unless the product or packaging is
considered recyclable in the State under this Act and is of a
material type and form that routinely becomes feedstock used
in the production of new products or packaging.
(c) Subsection (b) does not apply to either of the
following:
(1) Any product or packaging that is manufactured on
or before the later of (i) 18 months after the date the
Agency publishes the first material characterization study

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required under subsection (f) or (ii) January 1, 2025.
(2) Any product or packaging manufactured on or before
18 months after the date the Agency updates its material
characterization study under subsection (f), provided
that, before publication of the updated study, the product
or packaging satisfied or would satisfy the requirements
to be considered recyclable in the State under this Act.
The display of a chasing arrows symbol, or any other
statement indicating that a product or packaging is
recyclable, directly on a product that is not considered
recyclable in this State under this Act or packaging that is
not considered recyclable in this State under this Act is a
deceptive or misleading claim under this Section, except that
a chasing arrows symbol or a statement indicating a product's
or packaging's recyclability in the State may be displayed on
its external packaging if (i) the product or packaging has
multiple material types and (ii) the chasing arrows symbol or
statement makes clear, in the same or larger font, font size,
or symbol size, all other components of the product or
packaging are not recyclable.
For purposes of this Section, displaying a chasing arrows
symbol or any other statement indicating recyclability on
packaging containing a consumable product may refer only to
the recyclability of the consumable product's packaging and
not of the consumable product.
(d) The following are not deceptive or misleading claims

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about the recyclability of a product or packaging under this
Section:
(1) using a chasing arrows symbol, in combination with
a clearly visible line, placed at a 45 degree angle over
the chasing arrows symbol, to convey that an item is not
recyclable;
(2) displaying a chasing arrows symbol on a consumer
good that is required by any federal or State law, rule, or
regulation to display the chasing arrows symbol,
including, but not limited to, paragraph (1) of subsection
(b) of Section 103 of the federal Mercury-Containing and
Rechargeable Battery Management Act (42 U.S.C.
14322(b)(1));
(3) directing a consumer to compost or properly
dispose of a consumer good through an organic recycling
program; or
(4) placing a resin identification code that is
required under subsection (a) of Section 15 inside of a
solid equilateral triangle.
(e) On or before January 1, 2025, the Agency shall
propose, and on or before January 1, 2026, the Board shall
adopt rules to provide information to the public sufficient
for evaluating whether a product or packaging is recyclable in
the State and is of a material type that routinely becomes
feedstock used in the production of new products or packaging.
The proposed and adopted rules shall identify:

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(1) how material is collected or processed by
recycling programs throughout the State; and
(2) the material types and forms that are actively
recovered and are not considered to be waste.
(f) In order to obtain a representative survey of
recycling programs in the State, the Agency shall conduct a
characterization survey of material types and forms that are
collected, sorted, sold, or transferred by recycling centers
in the State and that the Agency deems to be appropriate for
inclusion in the survey. The Agency shall publish the results
of the material characterization survey on it website on or
before December 31, 2029 and shall conduct and publish an
updated material characterization survey every 5 years
thereafter.
The Agency may publish additional information regarding
the appropriate characterization of material types and forms
if the information was not available at the time that the most
recent survey was conducted or published.
Within 90 days after receiving a request from the Agency
for the purpose of conducting a survey under this subsection,
a recycling center shall allow periodic sampling of the wastes
and materials being handled at the facility by a designated
representative of the Agency on a date and at a time that is
mutually agreed upon by the Agency and the recycling center.
The Agency shall not request a periodic sampling of a
recycling center under this subsection if that recycling

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center was sampled during the previous 24 months.
For each material characterization study conducted under
this subsection, the Agency shall publish on its website the
preliminary findings of the study and conduct a public meeting
to present the preliminary findings and receive public
comments. The public meeting shall occur at least 30 days
after the Agency publishes the preliminary findings. After
receiving and considering public comments, and within 60 days
after the public meeting, the Agency shall finalize and
publish the study's findings on the Agency's website.
(g) Subject to subsection (i), a product or packaging is
recyclable in the State if, based on information published by
the Agency under subsection (f), the product or packaging is
of a material type and form that meets both of the following
requirements:
(1) The material type and form is collected for
recycling by recycling centers for jurisdictions that
collectively serve at least 60% of the State's population.
(2) The material type and form is sorted into defined
streams for recycling processes by large-volume transfer
or processing facilities that process materials and
collectively serve at least 60% of recycling programs
statewide, with the defined streams sent to and reclaimed
at a reclaiming facility consistent with the requirements
of the "Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal". The

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Agency, as it deems appropriate for achieving the purposes
of this Section, may adopt rules modifying the requirement
of this paragraph to encompass transfer or processing
facilities other than large-volume transfer or processing
facilities.
(h) A product or packaging is not recyclable in the State
unless the product or packaging meets all of the following
criteria, as applicable:
(1) all plastic packaging is designed not to include
any component, ink, adhesive, or label that, according to
the "APR Design Guide" published by the Association of
Plastic Recyclers, prevents the recyclability of the
packaging;
(2) plastic products, nonplastic products, and
nonplastic packaging are designed to ensure recyclability
and do not include any component, ink, adhesive, or label
that prevents the recyclability of the product or
packaging;
(3) the product or packaging is not made from a
plastic or fiber containing PFAS that are either:
(A) intentionally added to a product or packaging
by a manufacturer and have a functional or technical
effect in or on the product or packaging; or
(B) present in the product, packaging, or any
component of the product or packaging in an amount at
or above 100 parts per million, as measured in total

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organic fluorine.
(i) Notwithstanding subsections (g) and (h), a product or
packaging is recyclable in the State if it meets any of the
following requirements:
(1) The product or packaging has a demonstrated
recycling rate of at least 75%, meaning that not less than
75% of the product or packaging that is sorted and
aggregated in the State is reprocessed into new products
or packaging.
(2) On and before December 31, 2030, the product or
packaging is collected under a non-curbside collection
program that recovers at least 60% of the product or
packaging, and the material has sufficient commercial
value to be marketed for recycling and transported at the
end of its useful life to a transfer station, processing
facility, or recycling center to be sorted and aggregated
into defined streams by material type and form.
(3) On and after January 1, 2031, the product or
packaging is collected under a non-curbside collection
program that recovers at least 75% of the product or
packaging, and the material has sufficient commercial
value to be marketed for recycling and transported at the
end of its useful life to a transfer station, processing
facility, or recycling center to be sorted and aggregated
into defined streams by material type and form.
(4) The Agency determines that the product or

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packaging will not increase the contamination of curbside
recycling or deceive consumers as to its recyclability,
and the product or packaging is part of and in compliance
with a program established under State or federal law on
or after January 1, 2024 that governs the recyclability or
disposal of that product or packaging.
(j) The information published by the Agency under this
Section shall not prevent a unit of local government from
determining whether or to what extent a material type or form
shall be accepted by its local recycling program.
Section 25. Enforcement.
(a) Any person who violates any provision of this Act
shall be liable for a civil penalty not to exceed $5,000 for
such violation. The civil penalty may, upon order of a court of
competent jurisdiction, be made payable to the Solid Waste
Management Fund, to be used in accordance with the provisions
of the Illinois Solid Waste Management Act.
(b) The State's Attorney or any person who resides in the
county in which the violation occurred, or the Attorney
General, at the request of the Agency or on his own motion, may
institute a civil action against any violator of this Act. The
court may award costs and reasonable attorney fees to the
State's Attorney, Attorney General, or any person who has
prevailed against a person who has committed a willful,
knowing, or repeated violation of this Act.

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(c) Any funds collected under subsection (b) in which the
Attorney General has prevailed shall be deposited in the Solid
Waste Management Fund.
(d) Notwithstanding any other provision of his Section, it
is a defense to any suit or complaint brought under this
Section for a violation of Section 10 that a person's
environmental marketing claim conforms with the standards of,
or is consistent with examples contained in, "Guides for the
Use of Environmental Marketing Claims" published by the
Federal Trade Commission.
Section 90. The Environmental Protection Act is amended by
changing Section 22.15 as follows:
(415 ILCS 5/22.15)
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, from repayments of loans made from the Fund
for solid waste projects, from registration fees collected
pursuant to the Consumer Electronics Recycling Act and civil
penalties collected under the Truth in Recycling Act, and from
amounts transferred into the Fund pursuant to Public Act
100-433. Moneys received by either the Agency or the
Department of Commerce and Economic Opportunity in repayment

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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
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. Beginning on July 1, 2018, and on the
first day of each month thereafter during fiscal years 2019
through 2023, the State Comptroller shall direct and State
Treasurer shall transfer an amount equal to 1/12 of $5,000,000
per fiscal year from the Solid Waste Management Fund to the
General Revenue Fund.
(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

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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
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;

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(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 for the
purposes set forth in this Section, and in the Illinois Solid
Waste Management Act, and in the Truth in Recycling Act,
including for the costs of fee collection and administration,
and for the administration of the Consumer Electronics
Recycling Act, and the Drug Take-Back Act, and the Truth in
Recycling Act.
(f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its
duties under this Section and the Illinois Solid Waste
Management Act and the Truth in Recycling 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

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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 subsection (r) of Section 4 Section 4(r) at nonhazardous
solid waste disposal sites.
(i) The Agency is authorized 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 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

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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.
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

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public property in violation of a State law or local
ordinance.
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
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).
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

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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.
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 post on its website, in
April of each year, a report that details spending plans for
monies collected in accordance with this subsection. The

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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 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

SB0066 - 23 - LRB103 04644 CPF 49652 b
under subsection (j) shall not apply to:
(1) waste which is hazardous waste;
(2) waste which is pollution control waste;
(3) waste from 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; 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;
(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. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22;
102-1055, eff. 6-10-22; revised 8-25-22.)
(415 ILCS 15/10 rep.)
Section 95. The Solid Waste Planning and Recycling Act is
amended by repealing Section 10.