Rep. Natalie A. Manley

Filed: 4/24/2023

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1 AMENDMENT TO SENATE BILL 836

2 AMENDMENT NO. ______. Amend Senate Bill 836 on page 13,

3 immediately below line 18, by inserting the following:

4 "Section 57. Agency fees. All fees submitted to the Agency

5 under this Act shall be deposited into the Solid Waste

6 Management Fund to be used for costs associated with the

7 administration of this Act."; and

8 on page 25, immediately below line 14, by inserting the

9 following:

10 "Section 910. The Environmental Protection Act is amended

11 by changing Section 22.25 as follows:

12 (415 ILCS 5/22.15)

13 Sec. 22.15. Solid Waste Management Fund; fees.

14 (a) There is hereby created within the State Treasury a

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1 special fund to be known as the Solid Waste Management Fund, to

2 be constituted from the fees collected by the State pursuant

3 to this Section, from repayments of loans made from the Fund

4 for solid waste projects, from registration fees collected

5 pursuant to the Consumer Electronics Recycling Act, from fees

6 collected under the Paint Stewardship Act, and from amounts

7 transferred into the Fund pursuant to Public Act 100-433.

8 Moneys received by either the Agency or the Department of

9 Commerce and Economic Opportunity in repayment of loans made

10 pursuant to the Illinois Solid Waste Management Act shall be

11 deposited into the General Revenue Fund.

12 (b) The Agency shall assess and collect a fee in the amount

13 set forth herein from the owner or operator of each sanitary

14 landfill permitted or required to be permitted by the Agency

15 to dispose of solid waste if the sanitary landfill is located

16 off the site where such waste was produced and if such sanitary

17 landfill is owned, controlled, and operated by a person other

18 than the generator of such waste. The Agency shall deposit all

19 fees collected into the Solid Waste Management Fund. If a site

20 is contiguous to one or more landfills owned or operated by the

21 same person, the volumes permanently disposed of by each

22 landfill shall be combined for purposes of determining the fee

23 under this subsection. Beginning on July 1, 2018, and on the

24 first day of each month thereafter during fiscal years 2019

25 through 2023, the State Comptroller shall direct and State

26 Treasurer shall transfer an amount equal to 1/12 of $5,000,000

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1 per fiscal year from the Solid Waste Management Fund to the

2 General Revenue Fund.

3 (1) If more than 150,000 cubic yards of non-hazardous

4 solid waste is permanently disposed of at a site in a

5 calendar year, the owner or operator shall either pay a

6 fee of 95 cents per cubic yard or, alternatively, the

7 owner or operator may weigh the quantity of the solid

8 waste permanently disposed of with a device for which

9 certification has been obtained under the Weights and

10 Measures Act and pay a fee of $2.00 per ton of solid waste

11 permanently disposed of. In no case shall the fee

12 collected or paid by the owner or operator under this

13 paragraph exceed $1.55 per cubic yard or $3.27 per ton.

14 (2) If more than 100,000 cubic yards but not more than

15 150,000 cubic yards of non-hazardous waste is permanently

16 disposed of at a site in a calendar year, the owner or

17 operator shall pay a fee of $52,630.

18 (3) If more than 50,000 cubic yards but not more than

19 100,000 cubic yards of non-hazardous solid waste is

20 permanently disposed of at a site in a calendar year, the

21 owner or operator shall pay a fee of $23,790.

22 (4) If more than 10,000 cubic yards but not more than

23 50,000 cubic yards of non-hazardous solid waste is

24 permanently disposed of at a site in a calendar year, the

25 owner or operator shall pay a fee of $7,260.

26 (5) If not more than 10,000 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 pay a

3 fee of $1050.

4 (c) (Blank).

5 (d) The Agency shall establish rules relating to the

6 collection of the fees authorized by this Section. Such rules

7 shall include, but not be limited to:

8 (1) necessary records identifying the quantities of

9 solid waste received or disposed;

10 (2) the form and submission of reports to accompany

11 the payment of fees to the Agency;

12 (3) the time and manner of payment of fees to the

13 Agency, which payments shall not be more often than

14 quarterly; and

15 (4) procedures setting forth criteria establishing

16 when an owner or operator may measure by weight or volume

17 during any given quarter or other fee payment period.

18 (e) Pursuant to appropriation, all monies in the Solid

19 Waste Management Fund shall be used by the Agency for the

20 purposes set forth in this Section and in the Illinois Solid

21 Waste Management Act, including for the costs of fee

22 collection and administration,for administration of the Paint

23 Stewardship Act, and for the administration of the Consumer

24 Electronics Recycling Act and the Drug Take-Back Act.

25 (f) The Agency is authorized to enter into such agreements

26 and to promulgate such rules as are necessary to carry out its

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1 duties under this Section and the Illinois Solid Waste

2 Management Act.

3 (g) On the first day of January, April, July, and October

4 of each year, beginning on July 1, 1996, the State Comptroller

5 and Treasurer shall transfer $500,000 from the Solid Waste

6 Management Fund to the Hazardous Waste Fund. Moneys

7 transferred under this subsection (g) shall be used only for

8 the purposes set forth in item (1) of subsection (d) of Section

9 22.2.

10 (h) The Agency is authorized to provide financial

11 assistance to units of local government for the performance of

12 inspecting, investigating,and enforcement activities pursuant

13 to subsection (r) of Section 4 ~~Section 4(r)~~ at nonhazardous

14 solid waste disposal sites.

15 (i) The Agency is authorized to conduct household waste

16 collection and disposal programs.

17 (j) A unit of local government, as defined in the Local

18 Solid Waste Disposal Act, in which a solid waste disposal

19 facility is located may establish a fee, tax, or surcharge

20 with regard to the permanent disposal of solid waste. All

21 fees, taxes, and surcharges collected under this subsection

22 shall be utilized for solid waste management purposes,

23 including long-term monitoring and maintenance of landfills,

24 planning, implementation, inspection, enforcement and other

25 activities consistent with the Solid Waste Management Act and

26 the Local Solid Waste Disposal Act, or for any other

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1 environment-related purpose, including, but not limited to, an

2 environment-related public works project, but not for the

3 construction of a new pollution control facility other than a

4 household hazardous waste facility. However, the total fee,

5 tax or surcharge imposed by all units of local government

6 under this subsection (j) upon the solid waste disposal

7 facility shall not exceed:

8 (1) 60� per cubic yard if more than 150,000 cubic

9 yards of non-hazardous solid waste is permanently disposed

10 of at the site in a calendar year, unless the owner or

11 operator weighs the quantity of the solid waste received

12 with a device for which certification has been obtained

13 under the Weights and Measures Act, in which case the fee

14 shall not exceed $1.27 per ton of solid waste permanently

15 disposed of.

16 (2) $33,350 if more than 100,000 cubic yards, but not

17 more than 150,000 cubic yards, of non-hazardous waste is

18 permanently disposed of at the site in a calendar year.

19 (3) $15,500 if more than 50,000 cubic yards, but not

20 more than 100,000 cubic yards, of non-hazardous solid

21 waste is permanently disposed of at the site in a calendar

22 year.

23 (4) $4,650 if more than 10,000 cubic yards, but not

24 more than 50,000 cubic yards, of non-hazardous solid waste

25 is permanently disposed of at the site in a calendar year.

26 (5) $650 if not more than 10,000 cubic yards of

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1 non-hazardous solid waste is permanently disposed of at

2 the site in a calendar year.

3 The corporate authorities of the unit of local government

4 may use proceeds from the fee, tax, or surcharge to reimburse a

5 highway commissioner whose road district lies wholly or

6 partially within the corporate limits of the unit of local

7 government for expenses incurred in the removal of

8 nonhazardous, nonfluid municipal waste that has been dumped on

9 public property in violation of a State law or local

10 ordinance.

11 For the disposal of solid waste from general construction

12 or demolition debris recovery facilities as defined in

13 subsection (a-1) of Section 3.160, the total fee, tax, or

14 surcharge imposed by all units of local government under this

15 subsection (j) upon the solid waste disposal facility shall

16 not exceed 50% of the applicable amount set forth above. A unit

17 of local government, as defined in the Local Solid Waste

18 Disposal Act, in which a general construction or demolition

19 debris recovery facility is located may establish a fee, tax,

20 or surcharge on the general construction or demolition debris

21 recovery facility with regard to the permanent disposal of

22 solid waste by the general construction or demolition debris

23 recovery facility at a solid waste disposal facility, provided

24 that such fee, tax, or surcharge shall not exceed 50% of the

25 applicable amount set forth above, based on the total amount

26 of solid waste transported from the general construction or

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1 demolition debris recovery facility for disposal at solid

2 waste disposal facilities, and the unit of local government

3 and fee shall be subject to all other requirements of this

4 subsection (j).

5 A county or Municipal Joint Action Agency that imposes a

6 fee, tax, or surcharge under this subsection may use the

7 proceeds thereof to reimburse a municipality that lies wholly

8 or partially within its boundaries for expenses incurred in

9 the removal of nonhazardous, nonfluid municipal waste that has

10 been dumped on public property in violation of a State law or

11 local ordinance.

12 If the fees are to be used to conduct a local sanitary

13 landfill inspection or enforcement program, the unit of local

14 government must enter into a written delegation agreement with

15 the Agency pursuant to subsection (r) of Section 4. The unit of

16 local government and the Agency shall enter into such a

17 written delegation agreement within 60 days after the

18 establishment of such fees. At least annually, the Agency

19 shall conduct an audit of the expenditures made by units of

20 local government from the funds granted by the Agency to the

21 units of local government for purposes of local sanitary

22 landfill inspection and enforcement programs, to ensure that

23 the funds have been expended for the prescribed purposes under

24 the grant.

25 The fees, taxes or surcharges collected under this

26 subsection (j) shall be placed by the unit of local government

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1 in a separate fund, and the interest received on the moneys in

2 the fund shall be credited to the fund. The monies in the fund

3 may be accumulated over a period of years to be expended in

4 accordance with this subsection.

5 A unit of local government, as defined in the Local Solid

6 Waste Disposal Act, shall prepare and post on its website, in

7 April of each year, a report that details spending plans for

8 monies collected in accordance with this subsection. The

9 report will at a minimum include the following:

10 (1) The total monies collected pursuant to this

11 subsection.

12 (2) The most current balance of monies collected

13 pursuant to this subsection.

14 (3) An itemized accounting of all monies expended for

15 the previous year pursuant to this subsection.

16 (4) An estimation of monies to be collected for the

17 following 3 years pursuant to this subsection.

18 (5) A narrative detailing the general direction and

19 scope of future expenditures for one, 2 and 3 years.

20 The exemptions granted under Sections 22.16 and 22.16a,

21 and under subsection (k) of this Section, shall be applicable

22 to any fee, tax or surcharge imposed under this subsection

23 (j); except that the fee, tax or surcharge authorized to be

24 imposed under this subsection (j) may be made applicable by a

25 unit of local government to the permanent disposal of solid

26 waste after December 31, 1986, under any contract lawfully

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1 executed before June 1, 1986 under which more than 150,000

2 cubic yards (or 50,000 tons) of solid waste is to be

3 permanently disposed of, even though the waste is exempt from

4 the fee imposed by the State under subsection (b) of this

5 Section pursuant to an exemption granted under Section 22.16.

6 (k) In accordance with the findings and purposes of the

7 Illinois Solid Waste Management Act, beginning January 1, 1989

8 the fee under subsection (b) and the fee, tax or surcharge

9 under subsection (j) shall not apply to:

10 (1) waste which is hazardous waste;

11 (2) waste which is pollution control waste;

12 (3) waste from recycling, reclamation or reuse

13 processes which have been approved by the Agency as being

14 designed to remove any contaminant from wastes so as to

15 render such wastes reusable, provided that the process

16 renders at least 50% of the waste reusable; the exemption

17 set forth in this paragraph (3) of this subsection (k)

18 shall not apply to general construction or demolition

19 debris recovery facilities as defined in subsection (a-1)

20 of Section 3.160;

21 (4) non-hazardous solid waste that is received at a

22 sanitary landfill and composted or recycled through a

23 process permitted by the Agency; or

24 (5) any landfill which is permitted by the Agency to

25 receive only demolition or construction debris or

26 landscape waste.

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1 (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;

2 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.

3 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22;

4 102-1055, eff. 6-10-22; revised 8-25-22.)".