(A) The surcharge set forth in § 50.21 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 the 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;
(5) Any landfill which is permitted by the Agency to receive only demolition or construction debris or landscape waste;
(6) Solid waste meeting all of the following criteria:
(a) Permanent disposal of the solid waste is pursuant to a written contract between the owner or operator of the sanitary landfill and some other person, or transport of solid waste is pursuant to a written contract between the transporter and some other person;
(b) The contract for permanent disposal or transport of solid waste was lawfully executed on or before December 31, 1986, and by its express terms continues beyond January 1, 1987, or was lawfully executed during 1987 or 1988 and by its express terms continues beyond January 1, 1989;
(c) The contract for permanent disposal or transport of solid waste establishes a fixed fee or compensation, does not allow the operator or transporter to pass the fee through to another party, and does not allow voluntary cancellation or re-negotiation of the compensation or fee during the term of the contract; and
(d) The contract was lawfully executed on or before December 31, 1986 and has not been amended at any time after that date, or was lawfully executed during 1987 or 1988 and has not been amended on or after January 1, 1989.
(7) Solid waste meeting all of the following criteria:
(a) The waste is non-putrescible and homogeneous and does not contain free liquids;
(b) Combustion of the waste would not provide practical energy recovery or practical reduction in volume; and
(c) The applicant for exemption demonstrates that it is not technologically and economically reasonable to recycle or reuse the waste.
(B) Even though the waste (identified in division (A)(6) above) is exempt from the fee imposed by the state pursuant to an exemption granted under 415 ILCS 5/, this surcharge shall apply to the permanent disposal of solid waste 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.
(C) Only those exemptions (identified in division (A) above) which have been approved by the Agency shall be honored by the county. It shall be the responsibility of the owners or operators of all solid waste disposal facilities in the county to provide proof to the county of the Agency’s approval of any claimed exemption. This proof is to be included with the quarterly report and payment to the county, as detailed in § 50.23.
(Ord. O-23-6-89, passed 6-13-1989)