415 ILCS 5/22.16b
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. 1022.16b)Sec. 22.16b. (a) Beginning January 1, 1991, the Agency shall assess and  collect a fee from the owner or operator of each new municipal waste  incinerator.  The fee shall be calculated by applying the rates established  from time to time for the disposal of solid waste at sanitary landfills  under subdivision (b)(1) of Section 22.15 to the total amount of municipal  waste accepted for incineration at the new municipal waste incinerator.  The exemptions provided by this Act to the fees imposed under subsection  (b) of Section 22.15 shall not apply to the fee imposed by this Section.The owner or operator of any new municipal waste incinerator permitted  after January 1, 1990, but before July 1, 1990 by the Agency for the  development or operation of a new municipal waste incinerator shall be exempt  from this fee, but shall include the following conditions:(1) The owner or operator shall provide information     programs to those communities serviced by the owner or operator concerning recycling and separation of waste not suitable for incineration.(2) The owner or operator shall provide information     programs to those communities serviced by the owner or operator concerning the Agency's household hazardous waste collection program and participation in that program.For the purposes of this Section, "new municipal waste incinerator" means  a municipal waste incinerator initially permitted for development or  construction on or after January 1, 1990.Amounts collected under this subsection shall be deposited into the  Municipal Waste Incinerator Tax Fund, which is hereby established as an  interest-bearing special fund in the State Treasury.  Monies in the Fund  may be used, subject to appropriation:(1) by the Agency to fund its public information     programs on recycling in those communities served by new municipal waste incinerators; and(2) by the Agency to fund its household hazardous     waste collection activities in those communities served by new municipal waste incinerators.(b) Any permit issued by the Agency for the development or operation of  a new municipal waste incinerator shall include the following conditions:(1) The incinerator must be designed to provide     continuous monitoring while in operation, with direct transmission of the resultant data to the Agency, until the Agency determines the best available control technology for monitoring the data.  The Agency shall establish the test methods, procedures and averaging periods, as certified by the USEPA for solid waste incinerator units, and the form and frequency of reports containing results of the monitoring.  Compliance and enforcement shall be based on such reports.  Copies of the results of such monitoring shall be maintained on file at the facility concerned for one year, and copies shall be made available for inspection and copying by interested members of the public during business hours.(2) The facility shall comply with the emission     limits adopted by the Agency under subsection (c).(3) The operator of the facility shall take     reasonable measures to ensure that waste accepted for incineration complies with all legal requirements for incineration.  The incinerator operator shall establish contractual requirements or other notification and inspection procedures sufficient to assure compliance with this subsection (b)(3) which may include, but not be limited to, routine inspections of waste, lists of acceptable and unacceptable waste provided to haulers and notification to the Agency when the facility operator rejects and sends loads away.  The notification shall contain at least the name of the hauler and the site from where the load was hauled.(4) The operator may not accept for incineration any     waste generated or collected in a municipality that has not implemented a recycling plan or is party to an implemented county plan, consistent with State goals and objectives.  Such plans shall include provisions for collecting, recycling or diverting from landfills and municipal incinerators landscape waste, household hazardous waste and batteries.  Such provisions may be performed at the site of the new municipal incinerator.The Agency, after careful scrutiny of a permit application for the  construction, development or operation of a new municipal waste incinerator,  shall deny the permit if (i) the Agency finds in the permit application  noncompliance with the laws and rules of the State or (ii) the application  indicates that the mandated air emissions standards will not be reached within  six months of the proposed municipal waste incinerator beginning operation.(c) The Agency shall adopt specific limitations on the emission of  mercury, chromium, cadmium and lead, and good combustion practices, including  temperature controls from municipal waste incinerators pursuant to Section 9.4  of the Act.(d) The Agency shall establish household hazardous waste collection  centers in appropriate places in this State.  The Agency may operate and  maintain the centers itself or may contract with other parties for that  purpose.  The Agency shall ensure that the wastes collected are properly  disposed of.  The collection centers may charge fees for their services,  not to exceed the costs incurred. Such collection centers shall not (i) be  regulated as hazardous waste facilities under RCRA nor (ii) be subject to  local siting approval under Section 39.2 if the local governing authority  agrees to waive local siting approval procedures.  (Source: P.A. 102-444, eff. 8-20-21.)