Bill Text: IL SB1555 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Statewide Recycling Needs Assessment Act. Creates the Statewide Recycling Needs Assessment Advisory Council to provide advice and recommendations to the Environmental Protection Agency in the drafting, amendment, and finalization of the Statewide Recycling Needs Assessment. Provides that on or before January 1, 2024, the Director of the Environmental Protection Agency shall appoint members to the Advisory Council to provide advice and recommendations to the Agency in the drafting, amendment, and finalization of the Statewide Recycling Needs Assessment. Provides that persons with data or information required to complete the statewide needs assessment shall provide the Agency with such data or information in a timely fashion to assist in completing the statewide needs assessment. Provides that the Agency shall issue a competitive solicitation to select a qualified consultant to conduct a statewide needs assessment to assess recycling needs in the State for packaging and paper products, including identifying current conditions and an evaluation of the capacity, costs, gaps, and needs associated with recycling and the diversion of packaging and paper products. Provides that on or before December 1, 2026, the Statewide Recycling Needs Assessment Advisory Council shall prepare and submit a report of its findings and recommendations to the General Assembly and the Governor, which shall include an opportunity for a minority report. Sets forth findings and purpose. Defines terms. Makes a corresponding change in the Environmental Protection Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0383 [SB1555 Detail]

Download: Illinois-2023-SB1555-Enrolled.html

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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
Statewide Recycling Needs Assessment Act.
Section 5. Findings and purpose. The General Assembly
finds that:
(1) Recycling rates have been stagnant in Illinois for
over 15 years. Many Illinois counties continue to fall short
of the long-standing recycling goal of 25% established in 1988
in the Solid Waste Planning and Recycling Act.
(2) In Illinois, more than 40% (over 7,000,000 tons per
year) of municipal solid waste disposed of in landfills is
comprised of packaging and paper products. Of this amount,
nearly 80% consists of materials commonly collected in
curbside recycling programs in areas of the State with mature
recycling programs. The remainder includes packaging products
such as polystyrene, #3-#7 plastics, plastic bags, flexible
pouches, and other plastic films which are not currently
acceptable in curbside recycling and for which limited
drop-off recycling options exist.
(3) Consumers have limited sustainable purchasing choices.
Illinois residents are generating packaging and paper waste

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that is beyond their ability to reuse or recycle. Consumers
are also given confusing, inconsistent messages through
various means about which materials can be recycled, and thus
inadvertently create contamination in recycling streams. There
is widespread recycling fatigue and public skepticism about
the efficacy of recycling in Illinois.
(4) Volatility in global recycling markets due to import
restrictions such as the China National Sword policy, as well
as impacts on supply chains and material demand due to the
COVID-19 pandemic, have further challenged markets for
recycled materials and destabilized the recycling system in
the State.
(5) Significant and increasing quantities of plastics and
packaging materials are seen in the environment, including in
Illinois rivers, lakes, and streams. This pollution impacts
the drinking water, wildlife, and recreational value of vital
natural resources.
(6) Consumer brands are solely responsible for choices
about the types and amounts of packaging used to package
products. Units of local government and residents have borne
the costs of managing increasingly complex materials even
though they have no input in designing or bringing these
materials to market.
(7) Units of local government are expected to fund
collection and processing costs for an increasing volume of
packaging and paper products, and the cost of recycling

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programs continues to rise with the complexity of the material
stream that material recycling facilities are required to
manage. Furthermore, many multifamily residences and rural
areas of the State do not have access to adequate recycling
opportunities.
(8) As materials continue to be landfilled and littered,
lower-income and rural communities across the State bear
environmental, health, and economic consequences.
(9) By failing to reuse or recycle packaging and paper
products, Illinois loses economic value and green sector jobs.
Establishing postconsumer recycled content requirements for
rigid plastics will increase markets for this increasingly
common packaging material, reduce demand for natural
resources, and reduce greenhouse gas emissions.
(10) An assessment of current recycling and materials
management practices in the State, including evaluation of
collections, access to service, capacity, costs, gaps, and
needs associated with diverting packaging and paper products
from disposal, will provide needed information on current
conditions and support identification of future needs to
manage packaging and paper products in a sustainable,
environmentally protective, and cost-effective manner.
(11) The Statewide Recycling Needs Assessment will provide
data to facilitate future consideration of product stewardship
legislation for packaging and paper products.

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Section 10. Definitions. In this Act:
"Advisory Council" means the Statewide Recycling Needs
Assessment Advisory Council established under Section 20.
"Agency" means the Environmental Protection Agency.
"Compost" has the meaning given to that term in Section
3.150 of the Environmental Protection Act.
"Compostable material" means a material that is designed
to contact, contain, or carry a product that can be collected
for composting and that is capable of undergoing aerobic
biological decomposition in a controlled composting system as
demonstrated by meeting ASTM D6400, ASTM D6868, or any
successor standards.
"Composting rate" means the percentage of discarded
materials that are managed through composting. A composting
rate is calculated by dividing the total weight of all
packaging and paper products that are collected for composting
by the total weight of all packaging and paper products sold,
distributed, or served to consumers in the State during the
study period.
"Covered entity" means a person or entity responsible for:
(1) a single or multifamily residence, either
individually or jointly through a unit of local
government;
(2) a public or private school for grades kindergarten
through 12th grade;
(3) a State or local government facility; or

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(4) a public space, including, but not limited to,
public spaces, such as parks, trails, transit stations,
and pedestrian areas for which the State or a unit of local
government is responsible.
"Curbside recycling" means the collection of recyclable
materials from covered entities at the site where the
recyclable materials are generated.
"Director" means the Director of the Agency.
"Drop-off recycling" means the collection of recyclable
material from covered entities at one or more centralized
sites.
"Environmental justice community" means environmental
justice community as defined by the Illinois Solar for All
Program, as that definition is updated from time to time by the
Illinois Power Agency and the Administrator of the Illinois
Solar for All Program.
"Hauler" means a person who collects recyclable or
compostable materials and transports them to an MRF or compost
facility, or to an intermediate facility from which materials
are then transported to an MRF or compost facility.
"Material recovery facility" or "MRF" means a facility
where recyclable materials collected via curbside recycling or
drop-off recycling are consolidated and sorted for return to
the economic mainstream in the form of raw materials.
"Packaging" means a discrete material or category of
material, regardless of recyclability. "Packaging" includes,

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but is not limited to, a material type, such as paper, plastic,
glass, metal, or multi-material, that is:
(1) used to protect, contain, transport, or serve a
product;
(2) sold or supplied to consumers expressly for the
purpose of protecting, containing, transporting, or
serving products;
(3) attached to a product or its container for the
purpose of marketing or communicating information about
the product;
(4) supplied at the point of sale to facilitate the
delivery of the product; or
(5) supplied to or purchased by consumers expressly
for the purpose of facilitating food or beverage
consumption and ordinarily disposed of after a single use
or short-term use, whether or not it could be reused.
"Packaging" does not include:
(1) a medical device or packaging that is included
with products regulated:
(A) as a drug, medical device, or dietary
supplement by the United States Food and Drug
Administration under the Federal Food, Drug, and
Cosmetic Act;
(B) as a combination product as defined under 21
CFR 3.2(e); or
(C) under the federal Dietary Supplement Health

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and Education Act of 1994;
(2) animal biologics, including, but not limited to,
vaccines, bacterins, antisera, diagnostic kits, other
products of biological origin, and other packaging and
paper products regulated by the United States Department
of Agriculture under the federal Virus, Serum, Toxin Act;
(3) packaging regulated under the Federal Insecticide,
Fungicide, and Rodenticide Act or another applicable
federal law, rule, or regulation; and
(4) beverage containers subject to a returnable
container deposit, if applicable.
"Paper product" means:
(1) paper that can or has been printed on to create
flyers, brochures, booklets, catalogs, greeting cards,
telephone directories, newspapers, magazines; and
(2) paper used for copying, writing, or any other
general use.
"Paper product" does not include:
(1) paper that, by virtue of its anticipated use,
could become unsafe or unsanitary to recycle; or
(2) any form of bound book, including, but not limited
to, bound books for literary, textual, or reference
purposes.
"Person" means any individual, partnership, copartnership,
firm, company, limited liability company, corporation,
association, joint-stock company, trust, estate, political

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subdivision, State agency, any other legal entity, or their
legal representative, agent, or assign.
"Postconsumer material" means packaging or paper products
that have served their intended end use as consumer items.
"Postconsumer material" does not include a by-product or waste
material generated during or after the completion of a
manufacturing or converting process.
"Postconsumer recycled content" means the portion of an
item of packaging or paper product made from postconsumer
material that has been recycled.
"Recycling" has the meaning given to "recycling,
reclamation or reuse" in Section 3.380 of the Environmental
Protection Act. "Recycling" does not include landfill disposal
of packaging or paper products or the residue resulting from
the processing of packaging or paper products at an MRF, use as
alternative daily cover or any other beneficial use at a
landfill, incineration, energy recovery, or energy generation
by means of combustion, or final conversion of packaging and
paper products or their components and by-products to a fuel.
"Recycling rate" means the percentage of packaging and
paper products returned to the economic mainstream in the form
of raw materials or products rather than being disposed of or
discarded. The recycling rate is calculated by dividing the
total weight of packaging and paper products that are
collected for recycling by the total weight of packaging and
paper products sold, distributed, or served to consumers in

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the State during the study period, not including the residue
that is landfilled after processing by an MRF.
"Reusable" means:
(1) designed to be refilled or used repeatedly for its
original intended purpose and is returnable;
(2) safe for washing and sanitizing according to
applicable State food safety laws; and
(3) with the exception of ceramic products, capable of
being recycled at the end of use.
"Reuse" means the return of packaging to the economic
stream for use in the same kind of application intended for the
original packaging without effectuating a change in the
original composition of the package, the identity of the
product, or the components thereof.
"Rigid plastic" means packaging made of plastic that has a
relatively inflexible finite shape or form and is capable of
maintaining its shape while empty or while holding other
products.
"Service provider" means a hauler, an MRF, or a composting
facility.
"Single-use packaging or product" means a packaging or
product that is supplied to or purchased by consumers
expressly for the purpose of facilitating food or beverage
consumption and that is ordinarily disposed of after a single
use or short-term use, whether or not it could be reused.
"Study period" means the period represented by the data

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compiled and analyzed in the completion of the Statewide
Recycling Needs Assessment. The study period shall be a
minimum of a one-year calendar period not earlier than 2022
and shall be clearly defined in the scope of work. If more than
one year of data is used, data shall be presented on an annual
basis.
Section 15. Statewide Recycling Needs Assessment Advisory
Council.
(a) The Statewide Recycling Needs Assessment Advisory
Council shall be appointed by the Agency. On or before January
1, 2024, the Director shall appoint members to the Advisory
Council to provide advice and recommendations to the Agency in
the drafting, amendment, and finalization of the Statewide
Recycling Needs Assessment.
(b) In appointing members to the Advisory Council under
subsection (a), the Director shall consider representatives
from all geographic regions of the State, all sizes of
communities in the State, all supply chain participants in the
recycling system, and the racial and gender diversity of this
State.
(c) Members of the Advisory Council shall include, but
shall not be limited to, the following voting members:
(1) four individuals representing material recovery
facilities in the State, no more than 2 of whom shall
represent an MRF that accepts recyclables from Cook County

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or the collar counties;
(2) four individuals representing haulers, one of whom
shall represent a statewide organization representing
haulers, one of whom shall represent a publicly traded
hauler, one of whom shall represent a privately owned
hauler, and one of whom shall operate a recycling drop-off
facility;
(3) one individual representing compost collection and
processing facilities;
(4) eight individuals representing rural and urban
units of local government, one of whom shall represent a
county with a population of less than 50,000, one of whom
shall represent a county with a population of more than
50,000 and less than 1,000,000, one of whom shall
represent a county with a population of more than
1,000,000, two of whom shall represent municipalities with
a population of less than 1,000,000, one of whom shall
represent a statewide organization of municipalities as
authorized by Section 1-8-1 of the Illinois Municipal
Code, one of whom shall represent a municipal joint action
agency, and one of whom shall represent a municipality
with a population of 1,000,000 or more;
(5) two individuals representing retailers, one of
whom shall represent a statewide association of retailers;
(6) two individuals representing environmental
organizations;

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(7) two individuals representing environmental justice
advocacy organizations or environmental justice
communities;
(8) one individual representing a statewide
manufacturing association;
(9) one individual representing manufacturers of
products containing postconsumer material, or one or more
associations of such manufacturers;
(10) one individual representing manufacturers of
packaging and paper products utilizing virgin materials,
or one or more associations of suppliers of substrates of
packaging and paper products; and
(11) four individuals representing producers of
consumer products.
(d) An individual may be appointed to only one position on
the Advisory Council. Upon completion of the duties of the
Advisory Council, appointments to the Advisory Council shall
be terminated and the Advisory Council shall be dissolved.
(e) The duties of the Advisory Council are as follows:
(1) to provide guidance on the scope of work for the
Statewide Recycling Needs Assessment required under
Section 25;
(2) to assist in the provision of data required to
complete the needs assessment;
(3) to review and comment on the needs assessment
prior to completion;

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(4) to review packaging and paper products legislation
enacted in other states, including identifying the main
components of the legislation, its implementation steps,
and its implementation status;
(5) to evaluate and make recommendations, including
legislative recommendations, on how to effectively
establish and implement a producer responsibility program
in the State for packaging and paper products, including
recommendations regarding the responsibilities of
producers under a producer responsibility program; and
(6) on or before December 1, 2026, to prepare and
submit a report of its findings and recommendations to the
General Assembly and the Governor, which shall include an
opportunity for a minority report.
(f) The Advisory Council:
(1) shall meet at the call of the Chair, except for the
first meeting, which shall be called by the Director;
(2) shall meet at least quarterly or as determined by
the Advisory Council Chair;
(3) shall elect a Chair from among Advisory Council
members by a simple majority vote;
(4) may adopt bylaws and a charter for the operation
of its business for the purposes of this Act; and
(5) shall be provided administrative support by the
Agency and Agency staff.
(g) The Agency may select and hire a third-party

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facilitator for the Advisory Council.
Section 20. Statewide needs assessment.
(a) The Agency shall issue a competitive solicitation in
accordance with the Illinois Procurement Code to select a
qualified consultant to conduct a statewide needs assessment
to assess recycling, composting, and reuse conditions in the
State for packaging and paper products, including identifying
current conditions and an evaluation of the capacity, costs,
gaps, and needs associated with recycling and the diversion of
packaging and paper products. The Agency shall select the
consultant on or before July 1, 2024. The needs assessment
shall be funded by an appropriation from the Agency's Solid
Waste Management Fund or other appropriated funding.
(b) All packaging and paper products sold, offered for
sale, distributed, or imported into the State shall be
included in the needs assessment.
(c) The needs assessment shall address, at a minimum, the
following factors for covered entities:
(1) the quantity, by weight and type, of packaging and
paper products sold, offered for sale, distributed, or
served to consumers in the State by material type and
format;
(2) current collection systems for packaging and paper
products in the State, including for reuse, recycling,
composting, and disposal;

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(3) the quantity, by weight, of municipal waste
disposed on a county-by-county basis for all counties in
the State;
(4) the processing capacity and infrastructure for
reusable, recyclable, and compostable packaging and paper
products collected in the State, including capacity and
infrastructure outside the State which serves or may serve
the State;
(5) current reuse, recycling, and composting rates for
packaging and paper products in the State by material
type;
(6) current postconsumer recycled content use by
material type for all packaging and paper products sold in
the State;
(7) current reusability, recyclability, or
compostability of packaging and paper products, by
material type, for all packaging and paper products sold,
offered for sale, distributed, or served in the State;
(8) current system-wide costs for the collection,
reuse, recycling, and composting of packaging and paper
products;
(9) current operational and capital funding
limitations impacting reuse, recycling, and composting
access and availability for packaging and paper products
throughout the State;
(10) collection and processing system needs to provide

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access to curbside recycling services for all covered
entities within municipalities with a population of 1,500
or more based on the most recent United States Census,
with collection provided no less frequently than every 2
weeks, and at least one drop-off location for recyclable
materials within 15 miles of the municipal boundary for
municipalities with a population less than 1,500, with
needs identified on a county-by-county basis for all
counties in the State, and the estimated costs to meet the
access requirements;
(11) program costs and capital investments required to
achieve a 35%, 50%, and 65% recycling rate by December 31,
2035 for each material type, including paper, plastic,
glass, and metal, and including investment into existing
and future reuse, recycling, and composting infrastructure
for packaging and paper products;
(12) the market conditions and opportunities for
reusable, recyclable, and compostable packaging and paper
products in the State and regionally;
(13) multilingual public education needs for the
reduction, reuse, recycling, and composting of packaging
and paper products, including, but not limited to, a
scientific survey of current awareness among residents of
this State of proper end-of-life management for packaging
and paper products and the needs associated with the
reduction of contamination rates at MRFs in the State; and

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(14) an assessment of environmental justice and
recycling equity in the State, including, but not limited
to:
(A) an evaluation of current access to and the
performance of curbside and drop-off recycling
programs in units of local government designated as
environmental justice areas; and
(B) a comparison of the location of MRFs and
compost facilities in units of local government that
have been designated as environmental justice areas
with units of local government that are not so
designated.
(d) Persons with data or information required to complete
the statewide needs assessment shall provide the Agency with
such data or information in a timely fashion to assist in
completing the statewide needs assessment.
(e) On or before December 31, 2025, the Agency shall
provide the draft needs assessment to the Advisory Council.
The Advisory Council shall provide written comments to the
Agency within 60 days after receipt of the needs assessment.
The Agency's consultant shall include an assessment of
comments received in the revised draft needs assessment
submitted to the Agency and shall provide a summary and an
analysis of any issues raised by the Advisory Council and
significant changes suggested by any such comments, a
statement of the reasons why any significant changes were not

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incorporated into the results of the study, and a description
of any changes made to the results of the needs assessment as a
result of such comments. The needs assessment shall be
finalized by the Agency on or before May 1, 2026.
Section 25. Severability. The provisions of this Act shall
be severable and if any phrase, clause, sentence, or provision
of this Act or the applicability thereof to any person or
circumstance shall be held invalid, the remainder of this Act
and the application thereof shall not be affected thereby.
Section 30. 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 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
of loans made pursuant to the Illinois Solid Waste Management

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

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

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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, 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 Statewide Recycling Needs Assessment 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.
(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
22.2.
(h) The Agency is authorized to provide financial

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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
yards of non-hazardous solid waste is permanently disposed
of at the site in a calendar year, unless the owner or

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

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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
the removal of nonhazardous, nonfluid municipal waste that has
been dumped on public property in violation of a State law or

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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
report will at a minimum include the following:
(1) The total monies collected pursuant to this

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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
under subsection (j) shall not apply to:
(1) waste which is hazardous waste;

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(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.)
Section 99. Effective date. This Act takes effect upon
becoming law.