Bill Text: IL HB4846 | 2021-2022 | 102nd General Assembly | Engrossed
Bill Title: Amends the Hospital Licensing Act. Provides that, on and after January 1, 2023, "hospital" includes rural emergency hospitals, as defined under specified federal provisions. Allows the Department of Public Health to adopt emergency rules and makes a conforming change in the Illinois Administrative Procedure Act. Amends the Behavior Analyst Licensing Act. Provides that a person qualifies to be licensed as a behavior analyst or an assistant behavior analyst if that person is a graduate of a graduate level program in the field of behavior analysis or a related field with an equivalent course of study in behavior analysis (rather than just the field of behavior analysis). Provides that notwithstanding the provisions providing that the Act does not prohibit an individual from implementing a behavior analytic treatment plan under the extended authority, direction, and supervision of a licensed behavior analyst or licensed assistant behavior analyst, no business organization shall provide, attempt to provide, or offer to provide behavior analysis services unless every individual who holds an ownership interest holds a currently valid licensed issued under the Act. Amends the Podiatric Medical Practice Act of 1987. Provides a one-time fee waiver for Fiscal Year 2023. Provides that no individual may benefit from such waiver more than once. Provides that if an individual has already paid a fee for Fiscal Year 2023, then the Department of Financial and Professional Regulation shall apply the moneys to the next required fee. Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions concerning hospital reimbursements, provides that effective October 1, 2023, for rate year 2024 and thereafter, the Medicaid Inpatient utilization rate, used in the determination of eligibility for payments under provisions concerning inpatient adjustment payments, shall be modified to exclude from both the numerator and denominator all days of care provided to military recruits or trainees for the United States Navy and covered by TriCare or its successor. In provisions concerning the Medicaid Access Adjustment of $4 for specified nursing facilities, provides that beginning on the effective date of the amendatory Act, the Medicaid Access Adjustment of $4 shall be increased by $0.75 and the increased reimbursement rate shall be applied to services rendered on and after July 1, 2022. Requires the Department of Healthcare and Family Services to recalculate each affected facility's reimbursement rate retroactive to July 1, 2022 and remit all additional money owed to each facility as a result of the retroactive recalculation. Provides that by December 31, 2022, the Department Healthcare and Family Services shall obtain appropriate documentation from Qualifying Ground Ambulance Service Providers to ascertain an accurate count of the number of licensed vehicles available to serve enrollees in the State's Medical Assistance Programs. Provides that by February 28, 2023, Qualifying Ground Ambulance Service Providers shall be initially notified of their eligible award. Provides that after March 31, 2024, any unobligated funds shall be reallocated pro rata to the remaining Qualifying Ground Ambulance Service Providers that are able to prove up eligible expenses in excess of their initial award amount until all such appropriated funds are exhausted. Makes changes in a provision on funds awarded for a COVID-19 response support initiative. Amends the Long-Term Care Provider Funding Article of the Illinois Public Aid Code. Provides that for the privilege of engaging in the occupation of long-term care provider for each occupied non-Medicare bed day, beginning July 1, 2022, an assessment is imposed upon each long-term care provider in an amount of $7 per occupied bed day for any non-profit nursing facilities without Medicaid-certified beds. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2022-12-30 - Final Action Deadline Extended-9(b) January 10, 2023 [HB4846 Detail]
Download: Illinois-2021-HB4846-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Solid Waste Site Operator Certification Law | ||||||
5 | is amended by changing Sections 1004, 1005, 1006, 1007, 1009, | ||||||
6 | 1010, and 1011 as follows:
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7 | (225 ILCS 230/1004) (from Ch. 111, par. 7854)
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8 | Sec. 1004. Prohibition. Beginning January 1, 1992, no | ||||||
9 | person shall
cause or allow the operation of a landfill | ||||||
10 | permitted or required to be
permitted by the Agency unless the | ||||||
11 | landfill has on its operational staff at
least one natural | ||||||
12 | person certified as competent by the Agency under the
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13 | provisions of this Act.
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14 | (a) For landfill sites which accept non-hazardous solid | ||||||
15 | waste other than
clean construction or demolition debris , the | ||||||
16 | landfill shall have a Class A
Solid Waste Site Operator | ||||||
17 | certified by the Agency who is responsible for
directing | ||||||
18 | landfill operations or supervising other operational staff in
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19 | performing landfill operations.
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20 | (b) (Blank). For landfill sites which accept only clean | ||||||
21 | construction or
demolition debris, the landfill shall have a | ||||||
22 | Class A or B Solid Waste Site
Operator certified by the Agency | ||||||
23 | who is responsible for directing landfill
operations or |
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1 | supervising other operational staff in performing landfill
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2 | operations.
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3 | (c) For landfill sites which accept special waste, the | ||||||
4 | landfill shall
have a Class A Solid Waste Site Operator | ||||||
5 | certified by the Agency who has
received a certification | ||||||
6 | endorsement for the acceptance of special waste
and who is | ||||||
7 | responsible for directing landfill operations or supervising
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8 | other operational staff in performing landfill operations.
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9 | (Source: P.A. 86-1363.)
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10 | (225 ILCS 230/1005) (from Ch. 111, par. 7855)
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11 | Sec. 1005. Agency authority. The Agency is authorized to | ||||||
12 | exercise
the following functions, powers and duties with | ||||||
13 | respect to solid waste site
operator certification:
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14 | (a) To conduct examinations , as well as to approve the | ||||||
15 | use of examinations conducted by third parties, to | ||||||
16 | ascertain the qualifications of applicants
for | ||||||
17 | certificates of competency as solid waste site operators;
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18 | (b) To conduct courses of training on the practical | ||||||
19 | aspects of the design,
operation and maintenance of | ||||||
20 | sanitary landfills;
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21 | (c) To issue a certificate to any applicant who has | ||||||
22 | satisfactorily met all
the requirements pertaining to a | ||||||
23 | certificate of competency as a solid waste
site operator;
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24 | (d) To suspend, revoke or refuse to issue any | ||||||
25 | certificate for any one or
any combination of the |
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1 | following causes:
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2 | (1) The practice of any fraud or deceit in | ||||||
3 | obtaining or attempting to
obtain a certificate of | ||||||
4 | competency;
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5 | (2) Negligence or misconduct in the operation of a | ||||||
6 | sanitary landfill;
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7 | (3) Repeated failure to comply with any of the | ||||||
8 | requirements applicable
to the operation of a sanitary | ||||||
9 | landfill, except for Board requirements
applicable to | ||||||
10 | the collection of litter;
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11 | (4) Repeated violations of federal, State or local | ||||||
12 | laws, regulations,
standards, or ordinances regarding | ||||||
13 | the operation of refuse disposal
facilities or sites;
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14 | (5) For a holder of a certificate, conviction in | ||||||
15 | this or another State of any crime which is a felony
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16 | under the laws of this State or conviction of a felony | ||||||
17 | in a federal court; for an applicant, consideration of | ||||||
18 | such conviction shall be in accordance with Section | ||||||
19 | 1005-1;
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20 | (6) Proof of gross carelessness or incompetence in | ||||||
21 | handling, storing,
processing, transporting, or | ||||||
22 | disposing of any hazardous waste; or
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23 | (7) Being declared to be a person under a legal | ||||||
24 | disability by a court
of competent jurisdiction and | ||||||
25 | not thereafter having been lawfully declared
to be a | ||||||
26 | person not under legal disability or to have |
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1 | recovered.
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2 | (e) To adopt rules necessary to perform its functions, | ||||||
3 | powers, and duties
with respect to solid waste site | ||||||
4 | operator certifications.
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5 | (Source: P.A. 100-286, eff. 1-1-18 .)
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6 | (225 ILCS 230/1006) (from Ch. 111, par. 7856)
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7 | Sec. 1006. Certification classifications . Solid Waste Site | ||||||
8 | Operators
shall be certified in accordance with the following | ||||||
9 | classifications :
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10 | (a) Class "A" Solid Waste Site Operator certificates shall | ||||||
11 | be issued to
those persons who in accordance with the | ||||||
12 | provisions of this Section
demonstrate a practical working | ||||||
13 | knowledge of the design, operation, and
maintenance of | ||||||
14 | sanitary landfills in the following areas:
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15 | (1) unloading, spreading, and compacting of waste, | ||||||
16 | litter collection,
and vector abatement;
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17 | (2) traffic control of vehicles delivering waste;
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18 | (3) application, maintenance, and inspection of cover | ||||||
19 | and cover
requirements under Board rules and Agency | ||||||
20 | permits;
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21 | (4) fire control, on-site personnel safety | ||||||
22 | requirements, and
contingency plan implementation;
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23 | (5) leachate control operation, leachate management, | ||||||
24 | and landfill
gas management;
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25 | (6) identification of classes of waste;
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1 | (7) causes for revocation or suspension of | ||||||
2 | certificates;
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3 | (8) reporting and recordkeeping required by Board and | ||||||
4 | Agency
regulations and Agency permits;
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5 | (9) financial assurance and groundwater monitoring | ||||||
6 | requirements;
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7 | (10) development and implementation of contingency | ||||||
8 | plans, closure
plans, post closure plans, and corrective | ||||||
9 | action; and
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10 | (11) requirements for payment of fees.
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11 | (b) (Blank). Class "B" Solid Waste Operator Certificates | ||||||
12 | shall be issued to those
persons who demonstrate a practical | ||||||
13 | working knowledge of the design,
operation, and maintenance of | ||||||
14 | landfill sites accepting only clean
construction or demolition | ||||||
15 | debris in the following areas:
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16 | (1) unloading and spreading of waste;
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17 | (2) traffic control of vehicles delivering waste;
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18 | (3) application, maintenance, and inspection of cover | ||||||
19 | and cover
requirement under Board rules and Agency | ||||||
20 | permits;
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21 | (4) fire control, on-site personnel safety segments | ||||||
22 | and contingency
plan implementation;
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23 | (5) leachate control operation and leachate | ||||||
24 | management;
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25 | (6) identification of classes of waste;
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26 | (7) causes for revocation or suspension of |
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1 | certificates;
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2 | (8) reporting and recordkeeping required by Board and | ||||||
3 | Agency
regulations and Agency permits;
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4 | (9) financial assurance and groundwater requirements; | ||||||
5 | and
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6 | (10) development and implementation of contingency | ||||||
7 | plans, closure
plans, post closure plans, and corrective | ||||||
8 | action.
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9 | (c) Special waste certificate endorsements shall be issued | ||||||
10 | to those
persons who are certified as Class A Solid Waste Site | ||||||
11 | Operators in
accordance with the provisions of this Section, | ||||||
12 | and who demonstrate a
practical working knowledge of the | ||||||
13 | design, operation, and maintenance of
sanitary landfills | ||||||
14 | relative to the acceptance and disposal of special wastes.
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15 | (Source: P.A. 86-1363.)
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16 | (225 ILCS 230/1007) (from Ch. 111, par. 7857)
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17 | Sec. 1007. Qualifications. Every solid waste site operator | ||||||
18 | certified
by the Agency shall be capable of performing his | ||||||
19 | duties without endangering
the public health or the | ||||||
20 | environment and without violating the requirements
applicable | ||||||
21 | to operation of sanitary landfills; shall be able to read and
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22 | write English; shall produce evidence acceptable to the Agency | ||||||
23 | as to his
ability to maintain and operate properly the | ||||||
24 | structures and equipment
entrusted to his care; and shall | ||||||
25 | satisfactorily demonstrate to the Agency a
practical working |
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1 | knowledge of the design, operation, and maintenance of
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2 | sanitary landfills appropriate to the classification for which
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3 | certification is sought . In addition, persons shall be | ||||||
4 | certified as Class
"A" or Class "B" based on level of | ||||||
5 | competency determined by examination and
in accordance with | ||||||
6 | educational and experience levels as follows:
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7 | (a) Class "A" Certificates.
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8 | (1) Graduation from high school or equivalent and not | ||||||
9 | less than 2
years of acceptable study, training, and | ||||||
10 | responsible experience in sanitary
landfill operation or | ||||||
11 | management, or not less than 7 years of acceptable
study | ||||||
12 | training and responsible experience in operation or | ||||||
13 | management of
earth moving equipment; or
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14 | (2) Grammar school completion or equivalent and not | ||||||
15 | less than 15 years
of acceptable study, training, and | ||||||
16 | responsible experience in sanitary
landfill operation or | ||||||
17 | management.
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18 | (b) Class "B" Certificates.
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19 | (1) Graduation from high school or equivalent and not | ||||||
20 | less than 6
months of acceptable study, training, and | ||||||
21 | responsible experience in
sanitary landfill operation or | ||||||
22 | management, or not less than 3 years of
acceptable study | ||||||
23 | training and responsible experience in operation or
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24 | management of earth moving equipment; or
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25 | (2) Grammar school completion or equivalent and not | ||||||
26 | less than 5 years
of acceptable study, training, and |
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1 | responsible experience in sanitary
landfill operation or | ||||||
2 | management.
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3 | (Source: P.A. 86-1363.)
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4 | (225 ILCS 230/1009) (from Ch. 111, par. 7859)
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5 | Sec. 1009. Examinations.
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6 | (a) Applicants shall undergo examinations Examinations | ||||||
7 | provided or approved by the Agency
shall be given to | ||||||
8 | applicants for the purpose of determining if the
applicants | ||||||
9 | can demonstrate a practical working knowledge of the design,
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10 | operation, and maintenance of sanitary landfills appropriate | ||||||
11 | to the
classification for which certification is sought . No | ||||||
12 | certificate shall be
issued prior to successful completion of | ||||||
13 | the applicable examination.
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14 | (b) Examinations shall be conducted or approved by the | ||||||
15 | Agency , and shall be held not
less frequently than annually . | ||||||
16 | The Agency shall maintain on its website information regarding | ||||||
17 | the examinations , at times and places prescribed by the
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18 | Agency, of which applicants shall be notified in writing .
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19 | (Source: P.A. 86-1363.)
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20 | (225 ILCS 230/1010) (from Ch. 111, par. 7860)
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21 | Sec. 1010. Certificates.
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22 | (a) The Solid Waste Site Operator
Certificate shall | ||||||
23 | certify the competency of the applicant within the class
of | ||||||
24 | the certificate issued, and shall show the full name of the |
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1 | applicant,
have an identifying number, and be signed by the | ||||||
2 | Director.
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3 | (b) Certificates shall be issued for a period of 3 years, | ||||||
4 | with the
expiration date being 3 years from the first day of | ||||||
5 | October of the calendar
year in which the certificate is | ||||||
6 | issued.
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7 | (c) Every 3 years, on or before the October 1 expiration, a | ||||||
8 | certified
solid waste site operator shall renew his | ||||||
9 | certificate of competency and pay
the required renewal fee. A | ||||||
10 | grace period for renewal will be granted until
November 1 of | ||||||
11 | that year before the reinstatement penalty is assessed.
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12 | (d) At the time of certificate renewal, the applicant | ||||||
13 | shall certify the completion of 15 hours of continuing | ||||||
14 | education covering the operation of landfills during the | ||||||
15 | preceding 3 years. Continuing education used to satisfy this | ||||||
16 | subsection must be approved by the Agency and must cover the | ||||||
17 | design, operation, and maintenance of sanitary landfills as | ||||||
18 | set forth in Section 1006 of this Act, and for certificates | ||||||
19 | that include a special waste endorsement, continuing education | ||||||
20 | must cover the operation of landfills relative to the | ||||||
21 | acceptance and disposal of special wastes demonstrate
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22 | competency in the same manner as a new applicant .
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23 | (Source: P.A. 86-1363.)
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24 | (225 ILCS 230/1011) (from Ch. 111, par. 7861)
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25 | Sec. 1011. Fees.
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1 | (a) Fees for the issuance or renewal of a Solid
Waste Site | ||||||
2 | Operator Certificate shall be as follows:
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3 | (1)(A) $400 for issuance or renewal for Class A Solid | ||||||
4 | Waste Site
Operators; | ||||||
5 | (B) (blank); and $200 for issuance or renewal for | ||||||
6 | Class B Solid Waste Site
Operators; and | ||||||
7 | (C) $100 for issuance or renewal for special waste | ||||||
8 | endorsements.
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9 | (2) If the fee for renewal is not paid within the grace | ||||||
10 | period the
above fees for renewal shall each be increased by $ | ||||||
11 | 50.
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12 | (b) (Blank). Before the effective date of this amendatory | ||||||
13 | Act of the 98th General Assembly, all fees collected by the | ||||||
14 | Agency under this Section shall be
deposited into the | ||||||
15 | Hazardous Waste Occupational Licensing Fund. The Agency
is | ||||||
16 | authorized to use monies in the Hazardous Waste Occupational | ||||||
17 | Licensing Fund to perform its functions, powers,
and duties | ||||||
18 | under this Section.
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19 | (c) All On and after the effective date of this amendatory | ||||||
20 | Act of the 98th General Assembly, all fees collected by the | ||||||
21 | Agency under this Section shall be deposited into the | ||||||
22 | Environmental Protection Permit and Inspection Fund to be used | ||||||
23 | in accordance with the provisions of subsection (a) of Section | ||||||
24 | 22.8 of the Environmental Protection Act. | ||||||
25 | (Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)
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