Ordinance 2006-093 STATE OF ILLINOIS )
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COUNTY OF KENDALL )
ORDINANCE No. 2006 - CI3
AN ORDINANCE IMPOSING A FEE, TAX OR SURCHARGE
ON THE PERMANENT DISPOSAL OF SOLID WASTE
IN THE UNITED CITY OF YORKVILLE
WHEREAS, Section 22.150) of the Illinois Environmental Protection Act, 415
ILCS, 5/22.150)) authorizes units of local government in which a solid waste disposal
facility is located to establish a fee, tax, or surcharge with regard to the permanent
disposal of waste; and
WHEREAS, the proceeds from said fee, tax or surcharge may 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, or for other purposes related to the
environment, including but not limited to public works related projects related to the
environment —but not for the construction of a new pollution control facility other than a
household hazardous waste facility; and
WHEREAS, the United City of Yorkville is a unit of local government as defined
in the Illinois Environmental Protection Act; and
WHEREAS, the total amount of any such fee, tax or surcharge cannot exceed the
sum of $1.27 per ton in facilities in which more than 150,000 tons are disposed of
annually; and
WHEREAS, no applicant for a solid waste facility is currently requesting site
approval from the United City of Yorkville.
NOW, THEREFORE, be it ordained by the United City of Yorkville as follows:
SECTION ONE: The above recitals are hereby incorporated herein and made a part of
this Ordinance and this Ordinance shall be interpreted in the light of them.
SECTION TWO: The definitions of the Illinois Environmental Protection Act are hereby
incorporated herein.
SECTION THREE: The United City of Yorkville hereby imposes upon the operators of
all permitted solid waste disposal facilities within the City of Yorkville the maximum fee,
tax or surcharge permitted by statute. As of the date of passage hereof, such amounts are:
a) $0.60 per cubic yard if more than 150,000 cubic yards of non - hazardous solid
waste in 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 (225 ILCS 470/1 et
seq.), in which case the fee, tax or surcharge shall not exceed $1.27 per ton of
1 permanently disposed solid waste.
b) $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 during a calendar
year.
c) $15,500 if more than 50,000 cubic yards, but not more than 100,000 cubic
yards, of non - hazardous waste is permanently disposed of at the site during a calendar
year.
d) $4,650 if more than 10,000 cubic yards, but not more than 50,000 cubic yards,
of non - hazardous waste is permanently disposed of at the site during a calendar year.
e) $650 if not more than 10,000 cubic yards of non - hazardous waste is
permanently disposed of at the site during a calendar year.
SECTION FOUR: Said fee, tax or surcharge shall not apply to:
a) Waste which is hazardous waste; or
b) Waste which is pollution control waste; or
c) Waste from recycling, reclamation or reuse processes which have been
approved by the Illinois Environmental Protection Agency as being designed to remove
any contaminant from waste so as to render such wastes reuseable; provided that the
process renders at least 50% of such wastes resuseable; or
d) Non - hazardous solid waste that is received at a sanitary landfill and composted
or recycled through a process permitted by the Agency; or
e) Any landfill that is permitted by the Agency to receive only demolition or
construction debris of landscape waste; or
f) Any waste with an exemption granted in accordance with 415 Illinois
Compiled Statutes 5/22.16 and 5/22.16a. Any request for exemption under this provision
shall contain the approval of the Illinois Environmental Protection Agency.
SECTION FIVE: Payment of said fees, taxes or surcharges shall be made to the City on
a quarterly basis as described below.
SECTION SIX: All operators of solid waste disposal facilities shall make quarterly
reports and payments based upon the quantity of solid waste reported in the quarterly
solid waste summary. This quarterly report summary is due on April 15 July 15
October 15 and January 15 of each calendar year and shall contain a summary of all
wastes received during the applicable quarter for which the report is submitted, as well as
computations reflecting the total fees to be paid, and any approved exemptions.
SECTION SEVEN: Fees, taxes or surcharges collected pursuant to this Ordinance shall
be deposited in the City Garbage Tipping Fund and shall be expended only for approved
purposes.
SECTION EIGHT: Should any section, clause or provision of this Ordinance be declared
invalid by a Court of competent jurisdiction, such decisions shall not affect the validity of
the Ordinance as a whole or any part thereof, other than the part declared to be invalid.
SECTION NINE: This Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
IN WITNESS WHEREOF, this Ordinance had been enacted this 19th day of
September, 2006.
i
JAMES BOCK JOSEPH BESCO lJ
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS L)
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this l q - !h . Day of �) c.P i EM 8F-)2 , A.D. 2006.
r.
MAYO
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of J-f TEN��>~ �. , A.D. 2006.
ATTEST:
U CITY CLERK
i
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560