Bill Amendment: IL HB0653 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EPA-GROUNDWATER MONITORING

Status: 2021-08-06 - Public Act . . . . . . . . . 102-0271 [HB0653 Detail]

Download: Illinois-2021-HB0653-House_Amendment_001.html

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Rep. Dagmara Avelar

Filed: 4/20/2021

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AMENDMENT TO HOUSE BILL 653
AMENDMENT NO. ______. Amend House Bill 653 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
changing Section 22.51b as follows:
(415 ILCS 5/22.51b)
Sec. 22.51b. Fees for permitted facilities accepting clean
construction or demolition debris or uncontaminated soil.
(a) The Agency shall assess and collect a fee from the
owner or operator of each clean construction or demolition
debris fill operation that is permitted or required to be
permitted by the Agency. The fee assessed and collected under
this subsection shall be 28 20 cents per cubic yard of clean
construction or demolition debris or uncontaminated soil
accepted by the clean construction or demolition debris fill
operation, or, alternatively, the owner or operator may weigh

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the quantity of the clean construction or demolition debris or
uncontaminated soil with a device for which certification has
been obtained under the Weights and Measures Act and pay a fee
of 20 14 cents per ton of clean construction or demolition
debris or uncontaminated soil. The fee shall apply to
construction or demolition debris or uncontaminated soil if
(i) the clean construction or demolition debris fill operation
is located off the site where the clean construction or
demolition debris or uncontaminated soil was generated and
(ii) the clean construction or demolition debris fill
operation is owned, controlled, and operated by a person other
than the generator of the clean construction or demolition
debris or uncontaminated soil.
(b) The Agency shall establish rules relating to the
collection of the fees authorized by subsection (a) of this
Section. These rules shall include, but are not limited to,
the following:
(1) Records identifying the quantities of clean
construction or demolition debris and uncontaminated soil
received.
(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.
(c) Fees collected under this Section shall be in addition

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to any other fees collected under any other Section.
(d) The Agency shall not refund any fee paid to it under
this Section.
(e) The Agency shall deposit all fees collected under this
subsection into the Environmental Protection Permit and
Inspection Fund. Pursuant to appropriation, all moneys
collected under this Section shall be used by the Agency for
the implementation of this Section and for permit and
inspection activities.
(f) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a clean construction or
demolition debris fill operation is located and which has
entered into a delegation agreement with the Agency pursuant
to subsection (r) of Section 4 of this Act for inspection,
investigation, or enforcement functions related to clean
construction or demolition debris fill operations may
establish a fee, tax, or surcharge with regard to clean
construction or demolition debris or uncontaminated soil
accepted by clean construction or demolition debris fill
operations. All fees, taxes, and surcharges collected under
this subsection shall be used for inspection, investigation,
and enforcement functions performed by the unit of local
government pursuant to the delegation agreement with the
Agency and for environmental safety purposes. Fees, taxes, and
surcharges established under this subsection (f) shall not
exceed a total of 20 10 cents per cubic yard of clean

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construction or demolition debris or uncontaminated soil
accepted by the clean construction or demolition debris fill
operation, unless the owner or operator weighs the quantity of
the clean construction or demolition debris or uncontaminated
soil with a device for which certification has been obtained
under the Weights and Measures Act, in which case the fee shall
not exceed 14 7 cents per ton of clean construction or
demolition debris or uncontaminated soil.
(g) For the purposes of this Section:
(1) The term "uncontaminated soil" shall have the same
meaning as uncontaminated soil under Section 3.160 of this
Act.
(2) The term "clean construction or demolition debris
fill operation" shall have the same meaning as clean
construction or demolition debris fill operation under
Section 22.51 of this Act.
(Source: P.A. 96-1416, eff. 7-30-10.)".