415 ILCS 5/22.15
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title V - Land Pollution and Refuse Disposal

 (from Ch. 111 1/2, par. 1022.15)(Text of Section from P.A. 102-16)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 the Department of Commerce and Economic Opportunity    in repayment of loans made pursuant to the Illinois Solid Waste Management  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 2022, 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 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     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 and the Department of Commerce and Economic Opportunity 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 (1) the Consumer Electronics Recycling Act and (2) until January 1, 2020, the Electronic Products Recycling and Reuse 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 assistance to units of  local government for the performance of inspecting, investigating and  enforcement activities pursuant to 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 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.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 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 distribute to the Agency, 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     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;(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;(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.)(Text of Section from P.A. 102-310)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 the Department of Commerce and Economic Opportunity    in repayment of loans made pursuant to the Illinois Solid Waste Management  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 2021, 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 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     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 and the Department of Commerce and Economic Opportunity 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 (1) the Consumer Electronics Recycling Act and (2) until January 1, 2020, the Electronic Products Recycling and Reuse 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 assistance to units of  local government for the performance of inspecting, investigating and  enforcement activities pursuant to 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 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.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 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     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;(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; 102-310, eff. 8-6-21.)(Text of Section from P.A. 102-444)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  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 2021, 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 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     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 (1) the Consumer Electronics Recycling Act and (2) until January 1, 2020, the Electronic Products Recycling and Reuse 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 assistance to units of  local government for the performance of inspecting, investigating and  enforcement activities pursuant to 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 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.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 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 distribute to the Agency, 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     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;(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;(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; 102-444, eff. 8-20-21.)