Comprehensive Notes on Solid Waste, Tire Management, UST Funds, and Related Acts

Solid Waste Management Fund

  • The Agency deposits collected fees into the Solid Waste Management Fund.
  • Fees are determined based on the volume of waste permanently disposed of; contiguous landfills owned by the same entity are combined for fee calculation.
  • From July 1, 2018, to the end of fiscal year 2025, the State Comptroller and Treasurer transfer 1/12 of $5,000,000 per fiscal year from the Solid Waste Management Fund to the General Revenue Fund.
  • Solid waste disposal fees are determined by volume or weight, with caps on maximum amounts:
    • Over 150,000 cubic yards: 95 cents per cubic yard or $2.00 per ton, with a maximum of $1.55 per cubic yard or $3.27 per ton.
    • Between 100,001 and 150,000 cubic yards: $52,630.
    • Between 50,001 and 100,000 cubic yards: $23,790.
    • Between 10,001 and 50,000 cubic yards: $7,260.
    • 10,000 cubic yards or less: $1050.
  • The Agency establishes rules for fee collection, including:
    • Record-keeping requirements to identify waste quantities.
    • Report forms for fee payments.
    • Payment schedules, no more frequent than quarterly.
    • Procedures for measuring waste by weight or volume.
  • The Solid Waste Management Fund is used by the Agency for:
    • Purposes outlined in this Section and the Illinois Solid Waste Management Act.
    • Fee collection and administration costs.
    • Administration of the Paint Stewardship Act, Consumer Electronics Recycling Act, Drug Take-Back Act, and the Statewide Recycling Needs Assessment Act.
  • The Agency can enter agreements and create rules to fulfill its duties under this Section and the Illinois Solid Waste Management Act.
  • The State Comptroller and Treasurer transfer $500,000 from the Solid Waste Management Fund to the Hazardous Waste Fund on January 1, April, July, and October each year, starting July 1, 1996. These funds are used for purposes defined in Section 22.2(d)(1).
  • The Agency can provide financial aid to local governments for inspecting and enforcing nonhazardous solid waste disposal sites, as per Section 4(r).
  • The Agency is authorized to conduct household waste collection and disposal programs.
  • Local governments can establish fees, taxes, or surcharges for permanent solid waste disposal, used for solid waste management, monitoring landfills, planning, enforcement, or environment-related projects, but not for constructing new pollution control facilities (excluding household hazardous waste facilities).

Local Government Fees and Surcharges

  • Local governments can impose fees on solid waste disposal facilities with the following limits:
    • Over 150,000 cubic yards: 60¢ per cubic yard, or $1.27 per ton if weighed.
    • Between 100,001 and 150,000 cubic yards: $33,350.
    • Between 50,001 and 100,000 cubic yards: $15,500.
    • Between 10,001 and 50,000 cubic yards: $4,650.
    • 10,000 cubic yards or less: $650.
  • Local authorities can use fee proceeds to reimburse highway commissioners for removing illegally dumped non-hazardous waste.
  • Fees for construction or demolition debris recovery facilities are capped at 50% of standard rates.
  • Counties or Municipal Joint Action Agencies can reimburse municipalities for removing illegally dumped non-hazardous waste.
  • Local sanitary landfill inspection/enforcement programs require a written delegation agreement with the Agency, which is audited annually.
  • Fees must be kept in a separate fund, with interest credited to the fund.
  • Local governments must post an annual report on their website detailing:
    • Total fees collected.
    • Current fund balance.
    • Itemized accounting of expenditures from the previous year.
    • Estimated collections for the following three years.
    • A narrative of future expenditure plans.
  • Exemptions under Sections 22.16, 22.16a, and subsection (k) apply to these local fees, taxes, or surcharges, but local governments can apply fees to waste disposed of after December 31, 1986, under contracts lawfully executed before June 1, 1986, even if the waste is exempt from state fees.

Exemptions from Solid Waste Fees

The fees under subsection (b) and the fee, tax, or surcharge under subsection (j) do not apply to:

  • Hazardous waste.
  • Pollution control waste.
  • Waste from recycling, reclamation, or reuse processes approved by the Agency that render at least 50% of the waste reusable (excluding general construction or demolition debris recovery facilities).
  • Non-hazardous solid waste composted or recycled at a permitted sanitary landfill.
  • Landfills permitted only for demolition, construction debris, or landscape waste.

Used Tire Management Fund

  • A special fund in the State Treasury is created known as the Used Tire Management Fund.
  • The fund consists of:
    • Recovered costs or proceeds from the sale of used tires under Section 55.3 of this Act.
    • Repayment of loans from the Used Tire Management Fund.
    • Penalties or punitive damages for Title violations (except as provided by subdivision (b)(4) or (b)(4-5) of Section 42).
  • Owners/operators of registered or permitted sites under Section 55(d) or (d-5) pay an annual fee of $100, deposited into the Environmental Protection Permit and Inspection Fund.
  • Up to $4 million per fiscal year:
    • 38% to the Agency for:
      • Preventive, corrective, or removal action under Section 55.3, with cost recovery.
      • Inspection and enforcement at used/waste tire sites.
      • Financial aid to local governments for inspecting, investigating, and enforcing activities at used/waste tire sites as per Section 4(r).
      • Financial aid for used/waste tire collection projects sponsored by local governments or not-for-profit corporations.
      • Fee collection and administration relating to used/waste tires.
      • Financial aid to local governments and private industry for establishing facilities/programs for collecting, processing, and using used/waste tires and tire-derived materials.
      • Demonstrating the feasibility of innovative technologies for collecting, storing, processing, and utilizing used/waste tires and tire-derived materials.
      • Applying demonstrated technologies for collecting, storing, processing, and utilized used/waste tires and tire-derived materials.
    • 23% deposited into the General Revenue Fund (transfers directed by the Agency).
    • 25% to the Illinois Department of Public Health:
      • Investigating threats to public health related to mosquitoes and other vectors from improper tire storage, handling, and disposal.
      • Surveillance and monitoring for mosquitoes/vectors and animals that serve as disease reservoirs.
      • Training activities to promote vector control programs and integrated pest management.
      • Responding to inquiries, investigating complaints, and providing technical consultation to reduce public health hazards related to mosquitoes/vectors.
      • Financial aid to local governments for training, investigation, and response to public nuisances associated with mosquitoes and other vectors.
    • 2% for the Department of Agriculture's activities under the Illinois Pesticide Act related to used/waste tires.
    • 2% to the Pollution Control Board for administering activities related to used/waste tires.
    • 10% to the University of Illinois' Prairie Research Institute to research the biology, distribution, population ecology, and biosystematics of tire-breeding arthropods (especially mosquitoes) and the diseases they spread.
  • State agencies receiving appropriations from the Fund must report biennially to the Governor and General Assembly on their activities.
  • Unobligated funds revert to the Fund.
  • The Agency, the Department of Commerce and Economic Opportunity, and the Illinois Department of Public Health ensure funding assistance to any municipality/sanitary district with a population over 1,000,000.
  • Use of funds exceeding $4 million per fiscal year:
    • 55% to the Agency and, in fiscal years 2025 and 2026 only, the Department of Commerce and Economic Opportunity for:
      • Preventive, corrective, or renewed action under Section 55.3 and cost recovery.
      • Financial aid to local governments and private industry for establishing facilities/programs to collect, process, and utilize used/waste tires and tire-derived materials.
      • Demonstrating the feasibility of innovative technologies for collecting, storing, processing, and utilizing used/waste tires and tire-derived materials.
      • Applying demonstrated technologies for collecting, storing, processing, and utilizing used/waste tires and tire-derived materials.
      • Grants to public universities and private industry for research and development related to reducing the toxicity of tires and tire materials, vector-related research, disease-related research, and related laboratory-based equipment and field-based equipment.
    • 45% deposited into the General Revenue Fund (transfers directed by the Agency).

Underground Storage Tank Fund

  • A special fund in the State Treasury
  • Deposits
    • Fees from the Office of the State Fire Marshal
    • Fees pursuant to the Motor Fuel Tax Law
    • Payments pursuant to the Use, Service Use, Service Occupation, and Retailers' Occupation Tax Acts
  • Investment:
    • Amounts invested at interest by the State Treasurer
    • Investment income deposited into the Fund
  • Beginning July 1, 2018: State Comptroller and Treasurer transfer 1/12 of $10,000,000 from the Fund to the General Revenue Fund annually till fiscal year 2025.
  • Uses (pursuant to appropriation):
    • Agency & Office of the State Fire Marshal activities
      • Action authorized under Section 57.12 to recover costs
      • Reduction/mitigation of damage caused by leaks (including alternative water supplies)
      • Matching amount for federal assistance
      • Administering Fund-related activities
      • Corrective action costs and indemnification to operators
      • Demonstration projects for corrective action at contaminated sites
      • Department of Revenue costs administering activities and refunds under the Motor Fuel Tax Law
  • Emergency Actions:
    • Office of the State Fire Marshal or Agency can take emergency action to ensure public health/safety, and cover administrative costs.
  • Debt Service:
    • Governor certifies monthly amount needed for debt service on State obligations
    • Comptroller/Treasurer transfer amount from Fund to General Obligation Bond Retirement and Interest Fund.
  • Fund Usage Restrictions:
    • Not subject to administrative charges that would transfer funds to other State funds.
  • Legacy Sites:
    • Agency may commit up to $10,000,000 annually for corrective action costs for legacy sites, include:
      • Presence of free product
      • Contamination in regulated recharge area, wellhead protection area, or potable water supply well setback
      • Contamination beyond the site boundaries
    • Legacy Site defined as:
      • Release reported before January 1, 2005
      • Owner/operator eligible for payment from Fund
      • No payment applications received before January 1, 2010
  • Distribution of funds:
    • If deposits from fees (Gasoline Storage Act, Motor Fuel Tax Law) are sufficient to cover claims, then distributions from Use Tax Act, etc., are as follows:
    • 75% to the State treasury
    • 25% reserved for transfer to the Common School Fund (part of monthly GRF transfer)

Open Space Lands Acquisition and Development Act

  • Financial assistance for capital development and improvement of park, recreation, or conservation areas from the Capital Development Fund, Build Illinois Bond Fund, and/or designated funds.
  • Open space land acquisition assistance includes the acquisition of easements and property interests if the Department deems the interests appropriate to carry out the purposes of the Act (e.g., property interests < Fee Simple Ownership).
  • Grant Limit: No more than 10% of the amount appropriated for any fiscal year can be committed to one project.
  • Matching Basis:
    • General Rule: Grants are conditional on a 50/50 matching basis of state and local funding for open space acquisitions and capital development and improvement proposals.
    • "Distressed" Local Governments: Distressed local governments are defined under criteria adopted by the Department via administrative rule are eligible for assistance of up to 90% for open space acquisitions and capital development improvement proposals.
    • Limitations on Grants to Distressed Local Government: Not more than than 10% of the amount appropriated under this Act in any fiscal year is made available as grants to distressed local governments.
    • Grants from new appropriations for fiscal years 2023-2025: Distressed local governments are eligible for assistance for up to 100% for open space acquisitions and capital development proposals, the Department has discretion to make more than 10% of the amount appropriated available as grants to distressed local governments.
      An advanced payment of at least 50% must be given to the local government when the Department awards the grant (a unit of local government may opt out).
      The remaining grant shall be distributed quarterly via reimbursement.
      The Department shall consider an extension to the grant under this Act based on two conditions:
  • The advanced payment is expended or legally obligated within the 2 years required by Section 5 of the Illinois Grant Funds Recovery Act OR
  • No advanced payment was made.

Pretrial Services Act

  • Definitions:
    • "Director": Director of the Office of Statewide Pretrial Services.
    • "Division": Meaning in Section 9b of the Probation and Probation Officers Act.
    • "Local pretrial services agency": Agency other than the Office who is providing pretrial services.
    • "Pretrial services agency": Agency providing services to the circuit court as provided in this Act. Includes the Office.
    • "Office": The Office of Statewide Pretrial Services
    • "Peace officer": Includes pretrial officers.
    • "Pretrial officer": Employed with the Office or with a local pretrial services agency who has taken an oath and provides pretrial services to court under the Act.
  • Pretrial services are to be provided by a local pretrial services agency or the Office.
  • The Pretrial services agency will provide the circuit court with data on the pretrial release of those charged with felonies, and supervision of those who are complying with release terms and conditions.
  • Pretrial Officer Oath: Each Pretrial officer will take an oath to support the constitution and laws of the US and State of Illinois, while faithfully performing the duties of that office.
    • Pretrial officers who are employed by local pretrial service agencies will take the oath before the Chief Judge or the Chief Judge's designee.
    • Pretrial Officers who are employed by the Office will take the oath before the Director or the Director's designee
  • Written Notification: The Pretrial services agency will provide written notification to the supervised persons of obligations for court appearance and may require periodic reporting (letter, telephone call, in person) to verify compliance.
  • Monitoring arrest records: The agency (agency personnel) will regularly monitor the arrest records of local law enforcement agencies so as to determine whether supervised persons have been formally charged with the commission of a new offense in violation of the uniform release order, and will prepare and process a formal report of such fact to the court and prosecuting officer.
  • Salary reimbursements from the Office:
    • The Office pays 100% of the salary for all pretrial officers and pretrial supervisor positions employed by local services agencies to implement the services outlined in this Act, and those that have been approved for reimbursement to the Office.
    • Each local pretrial services agency submits an annual budget and plan to the office, setting forth all supervisors and officer positions along with finding sources for those positions.
    • No local pretrial services agency may be reimbursed for funds which have exceeded/were not provided for in the approved annual plan and budget.
    • Salaries (and portions) of pretrial officers or supervisors cannot be reimbursed by both the Division AND the Office when duties under the Act AND Section 12 of the Probation and Probation Officers Act.
    • Positions Eligible for Reimbursement under the Division AND the Office: The Division and the Office will identify them annually.
    • For position's that are eligible, the Division and State shall determine whether those positions will be reimbursed under the Office through the Act, under the Division through the Probation and Probation Act, or thru another source.

Revised Uniform Unclaimed Property Act

  • The administrator deposits all funds received under the Act, including sale proceeds, into the Unclaimed Property Trust Fund, but may deposit funds into the State Pensions Fund at their discretion. The administrator must deposit funds exceeding $2,500,000 into the State Pension Fund on April 15 and October 15 each year.
  • If the administrator determines the $2,500,000 is insufficient for prompt payment of unclaimed property claims, they are authorized to keep more than $2,500,000 in the Property Trust Fund for the purpose of ensuing prompt claim payments.
  • Beginning in the State fiscal year 2026, funds deposited into the State Pension Fund from the Unclaimed Property Trust Fund are to be apportioned to designated retirement systems to reduce their actuarial reserve deficiencies.
  • The administrator is responsible for making prompt payments of claims from the Unclaimed Property Trust Fund. This constitutes an irrevocable and ongoing appropriation of amounts in the Unclaimed Property Trust Fund, as needed.

Illinois Works Jobs Program Act

  • The Illinois Works Preapprenticeship Program is established and administered by the Department with the goal of creating a network of community-based organizations throughout the state that will recruit, pre-screen , and provide preapprenticeship skills training (free of charge, compensated with a stipend) so as to pipeline qualified workers to careers in construction and building trades. They (candidates) will be skilled and work-ready upon completion.
  • Illinois Works Fund:
    • A special fund in state treasury
    • Administered by the department and used to provide funding for organizations throughout the state.
    • The State Comptroller must direct amounts not exceeding a total of $50,000,000 from the Rebuild Illinois Projects Fund to the Illinois Works Fund on or after July 1, 2019, at the direction of the Director of the Governor's Office of Management and Budget.
    • Transfer of funds: Starting July 1, 2024, and each July 1 thereafter, or as soon thereafter as practical, the State Comptroller shall transfer $20,000,000 from the Capital Projects Fund to the Illinois Works Fund
  • Community-Based Organization (Receives Illinois Works Funding) Reporting:
    • Must submit a report to the Illinois Works Review Panel by April 1st of each calendar year.
      • Recruitment descriptions screening and training efforts
      • Number of applied, participating, program completed, by race, gender, age, and veteran status.
      • Accepted and placed number in apprenticeships (construction and building trades).
  • Economic Incentives:
    • To encourage contractors and subcontractors to provide contracting and employment opportunities to historically underrepresented populations in the construction industry.
      • Contractors/subcontractors may have increased changes to be selected.
    • Illinois Works Bid Credit Program that is designed to do this.
    • May earn bid credits for employing apprentices who have completed the Illinois Works Preapprenticeship Program.
      • Illinois Credit Bank tracks credits.
      • Report to the Illinois Works Review Panel:
        • The number of bid credits awarded by the Department.
        • The number of credits submitted by the contractor/subcontractor, administered by the agency on the public works contract.
        • The number of credits accepted by the agency for contracts.
      • Publish a rule that includes the maximum bid credits allowed per contractor, per subcontractor, per apprentice, per bid, or per year.
      • A contractor/subcontractor is not eligible who has been awarded bid credits under ANY other State program for apprentices who have completed the Illinois Works Pre-apprenticeship Program.
      • Subcontractors are allowed to earn bad credits for using completing Illinois Works Pre-apprenticeship Program apprentices.
    • The Department may bar contractor/subcontractor if reporting falsified records and suspend those from bidding and participating in ANY public works project.
    • Falsified claims may be subject to damages and penalties under applicable law.
    • The Department makes up the rules to follow.

University of Illinois Act - Powers of Trustees

  • Trustees' general powers:
    • Providing buildings, apparatus, and conveniences.
    • Fixing tuition rates, appointing professors/instructors.
    • Establishing and managing model farms, art departments, and professorships.
    • Teaching agriculture, mechanic arts, and military tactics, among other studies.
    • Withholding employee compensation for labor organization dues upon written request.
    • Accepting endowments and professorships, with rules to admit them while remaining true to the act of Congress and this Act.
  • Financial limitations:
    • Trustees cannot create liabilities exceeding the funds available to the treasurer at the time of creation and properly applicable to their payment.
  • Leases:
    • Leases of lands, buildings, or facilities supporting scientific research and development in high technology areas are generally limited to 18 years, and may include purchase options.
    • Leases exceeding 5 years require approval from the Illinois Board of Higher Education.
  • Medical research and high technology parks:
    • The Board of Trustees can acquire, construct, operate, and manage medical research and high-technology parks to encourage business, apply technology, and improve the state's economy.
    • They can lease land/buildings in these parks to nonprofit corporations or other entities.
    • Financing can come from appropriations, grants, contracts, gifts, loans, and park revenue.
    • Other university facilities and services can be made available to park tenants at reasonable rates.
  • Quantum Science Facility:
    • In cooperation with the Chicago Quantum Exchange, the Board can finance, design, construct, improve, equip, complete, operate, and manage a facility for quantum information sciences and technologies (quantum science facilities).
      • A quantum Science Facility could be located on land owned by the Board or a CQE Partner.
      • Design, construction, enlargement and Equipment may be paid using funds that have been appropriated to the Capital Development Board from the Build, Illinois Bond. Fund for the grant to the Board of Trustees for quantum science facilities.
  • Property Transfers:
    • The Board can sell, lease, or transfer surplus real estate to a State agency with or without an exchange of value (subject to certain restrictions).
  • Real Property and Eminent Domain:
    • Trustees can purchase real property and easements.
    • They can also acquire real property and easements through eminent domain, following specific procedures when negotiations fail.
  • Payments for Services Rendered:
    • The Board can agree with the State's Attorney to pay for services rendered by taxing districts on income-producing properties, leased properties, etc.
  • Police Department:
    • The Board can appoint members to the University of Illinois Police Department, who are peace officers with powers similar to city police and sheriffs (within counties where the University has branches or properties).
    • Officers have no power to serve and execute civil processes.
    • A Police Department authorizes/possesses/uses a badge that complies with Board requirements.
  • Managed Care Community Network:
    • The Board may own, operate, or govern a managed care community network through the College of Medicine at Peoria.
  • Administrative Rules:
    • The Board has authority to adopt all administrative rules which may be efficient for management.
  • Chicago Campus Development District:
    • To encourage buildings and facilities beneficial to University purposes, the Board of Trustees of the University Of Illinois may exercise the following powers with regard to the area located On/Adjacent to the University of Illinois in Chicago campus.
    • Acquire by land, buildings, or facilities by purchase, lease for a term, or eminent domain.
    • Sub-lease or contract to purchase all or a portion of buildings/facilities.
    • Sell property (without State Property Control Act) and retain proceeds in a University treasury account (Auditor General to examine).

Emergency Short Term Cash Management Plan

  • The Board has the power to borrow money (capped at 100% of the total salary + expense voucher for fiscal year 2010) in anticipation of receiving tuition payments, funds from the State of Illinois, or other revenues.
    • Limits on Borrowing:
      • After the borrowing limit is verified to the Comptroller's office, the promissory note/line of credit needs to not exceed 75% of that borrowing limit.
    • Once any funds are borrowed under a promissory note, the University needs to submit an Emergency Short Term Cash Management Plan outlining amount borrowed, terms for repayment and outstanding state vouchers.
    • There is a time limit with how loans are executed/borrowed, with 90 days from the effective date
    • Monies are meant for paying salaries, with any line of credit established under this subsection being paid in full one year after creation "OR" within 10 days after the date the University receives reimbursement vouchters.
    • Chairman, Comptroller, and Treasurer of the Board shall be the executors for the promissory note/debt instrument to provide evidence on incurred debt.