Public Act 103-0165

HB2622 Enrolled LRB103 29775 AWJ 56181 b

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Downstate Forest Preserve District Act is

amended by changing Section 18.6a as follows:

(70 ILCS 805/18.6a) (from Ch. 96 1/2, par. 6340a)

Sec. 18.6a. Each forest preserve district which has on its

property a sanitary landfill or pollution control facility may

create, maintain and increase a separate fund to be known as

the "Landfill Expense Fund" for the purpose of paying all

costs and expenses incurred by said forest preserve district

for or as a result of that sanitary landfill or pollution

control facility either during its operation or after its

closure, including but not limited to the cost of maintenance,

monitoring, sampling or testing of groundwater or landfill

gas, fencing, erosion control, improvements, restoration,

filling, covering, revegetation, seeding, regrading,

compacting, excavating or removal of materials, remedial

action, response, the collection, treatment or disposal of

leachate and landfill gas, preventive and corrective actions

necessary or appropriate in circumstances which will or may

cause an immediate or long-term danger to the environment or

the public health or which will or may prevent or delay public

usage of the property, and payment of damages or settlements

awarded or made as a result of the operation of the sanitary

landfill or pollution control facility, either during its

operation or after its closure. This fund may be maintained

for a period not to exceed 40 years from the date of closure of

the facility and may be invested as provided in this Act and

interest accumulated thereon.

In order to accumulate monies for this fund, each forest

preserve district having such a fund may, in addition to other

charges imposed for the deposit of material at the sanitary

landfill or pollution control facility by the owner or

operator of the landfill, also impose a charge upon the

operator or users of a landfill or facility in existence on or

before July 1, 1988 sufficient to provide a fund which will pay

for the costs set forth herein; however, such charge shall not

exceed 70¢ per cubic yard of solid waste permanently disposed

of at the landfill or facility.

(Source: P.A. 88-681, eff. 12-22-94.)