A. The county shall grant exemptions from the fee requirement of this division for receipt or transport of solid waste meeting all of the following criteria:
1. Receipt 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 the solid waste is pursuant to a written contract between the transporter and some other person; and
2. The contract for receipt or transport of solid waste was lawfully executed on or before April 1, 1990; and
3. The contract for receipt or transport of solid waste establishes a fixed fee or compensation, does not allow the operator or transporter to pass the fee through another party and does not allow voluntary cancellation or renegotiation of the compensation or fee during the term of the contract.
4. Provided, however, that this exemption shall not apply to the permanent disposal of solid waste under any contract lawfully executed before June 1, 1986, under which more than one hundred fifty thousand (150,000) cubic yards (or 50,000 tons) of solid waste is to be permanently disposed of.
B. The county shall grant exemptions from the fee requirements of this division for solid waste meeting of all of the following criteria:
1. The waste is nonputrescible and homogeneous and does not contain free liquids;
2. Combustion of the waste would not provide practical energy recovery or practical reduction in volume; and
3. The applicant for exemption demonstrates that it is not technologically and economically reasonable to recycle or reuse the waste.
An applicant shall be granted the exemption under this paragraph B upon providing proof that an exemption has been granted by the agency under 415 Illinois Compiled Statutes 5/22.16a, for the same waste. The exemption shall be effective from the effective date of the exemption granted by the agency.
C. Exemptions granted under paragraphs A and B of this section shall cause the solid waste received by an owner or operator of a sanitary landfill to be disregarded in calculating the volume or weight of solid waste received during a calendar year under this division.
D. Applications for exemptions must be submitted with proof of satisfaction of all criteria for granting the exemption to the administrator. The administrator shall notify the applicants in writing of the granting or denial of an application for exemption.
E. Applications for exemptions under paragraph A of this section may be granted retroactively. Applications for retroactive or prospective exemptions under that paragraph must be received by the administrator before May 1, 1992.
Exemptions under paragraph A of this section shall expire upon the expiration, renewal or amendment of the exempted contract, whichever comes first.
F. It shall be the duty of an owner or operator of a sanitary landfill and transporter of the solid waste to keep accurate records and to prove to the satisfaction of the administrator, the volume or weight of solid waste received under an exemption or exception during a calendar year. (Ord., 4-21-1992)