A fee is hereby imposed on the generation of construction or demolition debris that is reprocessed within the corporate limits of the City.
(a) Construction/demolition debris received at construction/demolition reprocessing facilities.
(1) For each construction/demolition reprocessing facility within the corporate boundaries of the City, the owner or operator shall collect a fee of $1.00 per cubic yard of construction/demolition debris received and managed at the facility, unless the owner or operator weighs the quantity of the construction/demolition debris received with a device for which certification has been obtained under the Illinois Weights and Measures Act (225 ILCS § 470/1, et seq.), in which case the fee shall be $0.50 per ton of construction/demolition debris received and managed at the facility.
(2) This fee shall be stated as a distinct item on the bill to each customer separate and apart from the owner’s or operator’s gross charges to its customers for receiving, handling, transporting, processing, or otherwise managing the construction/demolition debris. Every owner or operator that is required to collect the fee imposed by this section shall remit the fee to the Department with the remittance return prescribed by the Commissioner. On or before the last day of each calendar month, the owner or operator must file the remittance return for the construction/demolition debris that is received and managed during the preceding calendar month and shall pay the fee within thirty days of the date of an invoice from the Department. Any fee collected by the owner or operator is collected in trust for the City and constitutes a debt owed by the collector to the Department.
(3) The owner or operator may retain two percent of the fees collected and timely remitted to the Department under this section to reimburse the owner or operator for expenses incurred in connection with accounting for and the remitting of fees to the Department.
(4) The fee imposed by this section is upon the generation of the construction/demolition debris, and nothing in this section shall be construed to impose a charge of any kind on the occupation of handling, transporting, reprocessing or otherwise treating or managing construction/demolition debris. The failure of any owner or operator to collect the fees shall not excuse any generator of construction/demolition debris from the obligation of paying the fee directly to the Department.
(b) Construction/demolition debris reprocessed and reused at construction sites.
(1) For each construction site at which reprocessable construction/demolition debris is generated, reprocessed, and reused pursuant to the written authorization required under section 11-4-1935 of this Article, the owner or operator of such site shall pay a fee of $1.00 per cubic yard of construction/demolition debris generated and managed at the site, unless the owner or operator weighs the quantity of the construction/demolition debris generated with a device for which certification has been obtained under the Illinois Weights and Measures Act, 225 ILCS § 470/1, et seq., in which case the fee shall be $0.50 per ton of construction/demolition debris generated and managed at the site.
(2) Every owner or operator that is required to pay the fee imposed by this section shall remit the fee to the Department with the remittance return prescribed by the Commissioner. On or before the last day of each calendar month, the owner or operator must file the remittance return for the construction/demolition debris that is generated and managed during the preceding calendar month and shall pay the fee within thirty days of the date of an invoice from the Department.
(c) For purposes of this section, the term "construction/demolition debris" is the same definition as provided in subsection 11-4-1910.
(d) The Commissioner is empowered to adopt and promulgate rules relating to the collection of the fee required to be paid by this section.
(e) Any person who violates any provision of this section shall be fined not less than $500.00 and not more than $1,000.00 for each offense.
(f) Notwithstanding any other provision of this section, generators of construction/demolition debris who are governmental bodies are exempt from the fees imposed by this section.
(Added Coun. J. 3-6-96, p. 17622; Amend Coun. J. 9-1-99, p. 10082, § 5; Amend Coun. J. 11-21-17, p. 61858, Art. VII, § 1; Amend Coun. J. 11-14-18, p. 90376, Art. VII, § 3)