the site where the wastes were produced.

b)

The Agency shall grant exemptions from the fee payment provisions set

forth in Subpart C in accordance with Sections 22.16, 22.16a, 22.45 and

22.46 of the Act. Claims for such exemptions must be supported by

documentation substantiating that each of the statutory criteria for

exemption has been met.

c)

For purposes of this Section, a waste is a "pollution control waste" rather

than an "industrial process waste" if it is a non-hazardous special waste

resulting from operation of a pollution control device authorized or

permitted pursuant to any state or federal law or any standards or

regulations thereunder.

(Source: Amended at 31 Ill. Reg. 5081, effective March 14, 2007)

Section 858.104 Retention of Records

Copies of all records required to be kept under this Part shall be retained by the site

operator for three years and shall be made available at the site during the normal business

hours of the operator for inspection and photocopying by the Agency.

Section 858.105 Certification

a)

All records, summaries or reports submitted to the Agency as required by

this Part shall be signed by a person responsible for preparing and

reviewing such documents as part of his or her duties in the regular course

of business.

b)

Any person signing a document submitted under this Part shall make the

following certification: I certify that this document and all attachments

were prepared under my direction or supervision. Based on my inquiry of

the person or persons who manage the system, or those persons directly

responsible for gathering the information, the information submitted is, to

the best of my knowledge and belief, true, accurate, and complete. I am

aware that there are significant penalties under Section 44 of the

Environmental Protection Act for submitting false information, including

the possibility of fine and imprisonment for knowing violations.

Section 858.106 Severability

If any section, subsection, sentence or clause of this Part shall be adjudged

unconstitutional, void, invalid or otherwise unlawful, such adjudication shall not affect

the validity of this Part as a whole or any section, subsection, sentence or clause thereof

not adjudged unconstitutional, void, invalid or otherwise unlawful.

Section 858.107 Landfills Maintaining Records under Subparts B and C

---

Under Section 22.15 and Section 22.44 of the Act, for a sanitary landfill receiving less

than 150,000 cubic yards per calendar year, the fees are intended to be based on cubic

yards of waste received instead of the quantity (weight) of waste weighed. For sanitary

landfills that weigh the quantity of waste received but are unsure of whether they will

receive more than 150,000 cubic yards in a calendar year, the Agency advises that

records be maintained in accordance with both Subparts B and C. Unless records are

maintained under Subpart C, a landfill weighing the quantity of waste received will not

be able to take advantage of the lower rates available for sanitary landfills receiving less

than 150,000 cubic yards per calendar year. In addition, for those landfills receiving

more than 150,000 cubic yards per calendar year, unless records are maintained under

both Subparts B and C, there will be no means by which to determine which of the two

rates yields the lower net fee.

(Source: Amended at 31 Ill. Reg. 5081, effective March 14, 2007)

SUBPART B: PROCEDURES FOR MAINTAINING

RECORDS WHERE THE QUANTITY OF WASTE HAS BEEN WEIGHED

Section 858.201 Applicability

The requirements of this Subpart apply to sanitary landfills where

the owner or operator

weighs the quantity of solid waste received with a device for which certification has been

obtained under the Weights and Measures Act

[225 ILCS 470] (Section 22.15(b)(1) and

Section 22.44(b)(1) of the Act).

(Source: Amended at 31 Ill. Reg. 5081, effective March 14, 2007)

Section 858.202 Records

a)

The operator of a sanitary landfill shall keep a record of solid waste

received at the landfill. The operator shall keep the following records:

1)

Daily Solid Waste Record;

2)

Monthly Solid Waste Record; and

3)

Quarterly Solid Waste Summary.

b)

Each Monthly Solid Waste Record and Quarterly Solid Waste Summary

submitted to the Agency shall be in a form as prescribed by the Agency.

c)

Operators of landfills annually receiving more than 150,000 cubic yards of

waste subject to these rules shall elect to submit each Monthly Solid

Waste Record and each Quarterly Solid Waste Summary and fee payment

on the basis of weight (i.e., pursuant to Subpart B) or on the basis of

volume (i.e., pursuant to Subpart C).

(Source: Amended at 14 Ill. Reg. 16913, effective October 1, 1990)

---

Section 858.203 Daily Solid Waste Record

a)

The Daily Waste Record shall be maintained at the site and shall include

the day of the week, the date, the Agency designated site number, and the

site name and address. For each load of waste permanently disposed at

the site the following information shall be recorded in the Daily Solid

Waste Record:

1)

The quantity of solid waste permanently disposed as weighed with

a device for which certification has been obtained under the

Weights and Measures Act.

2)

If the waste is a non-hazardous special waste, the following

information:

A)

The supplemental waste stream permit number for any

waste stream permitted under 35 Ill. Adm. Code 807.210,

or a description of the waste stream in like manner as

required for supplemental waste stream permits if such a

supplemental waste stream permit is not required; and

B)

For waste streams received under authority of a

supplemental waste stream permit only, the name of the

generator.

3)

If the waste load permanently disposed is exempt from the fee

payment provisions of Subpart D under Section 858.103(a), the

subparagraph under which the waste is exempted and a description

of the waste.

4)

If the waste load permanently disposed is exempt from the fee

payment provisions of Subpart D under Section 858.103(b), the

following information:

A)

The Agency exemption granted for the waste; and

B)

The contract under which the solid waste is received.

b)

Entries of the Daily Solid Waste Record as required by Subsection (a)

shall be made contemporaneously with the receipt of each load unless the

operator uses a different method of recording the required information

which assures that required information can be entered on the Daily Solid

Waste Record by the end of each business day in which case the

information must be entered in the Daily Solid Waste Record by the end

of each business day. Where an alternative method of contemporaneous

recording is used, that record, in addition to the Daily Solid Waste Record,

must be maintained in accordance with the records retention provisions of

Section 858.104.

c)

At the end of each business day the operator shall record on the Daily

Solid Waste Record the total amount of waste permanently disposed in

tons weighed and the total amount of waste received that is subject to the

fee provisions of Subpart D.

(Source: Amended at 13 Ill. Reg. 17428, effective October 31, 1989)

---

Section 858.204 Quarterly Solid Waste Summary (Recodified)

(Source: Recodified to 35 Ill. Adm. Code 858.207 at 13 Ill. Reg. 5945)

Section 858.205 Supplemental Solid Waste Record (Recodified)

(Source: Recodified to 35 Ill. Adm. Code 858.208 at 13 Ill. Reg. 5945)

Section 858.206 Monthly Solid Waste Record

a)

A Monthly Solid Waste Record shall be maintained at the site and shall

include the following information:

1)

The Agency designated site number, the site name and month for

which the record applies.

2)

The total quantity of solid waste received, in tons weighed, for

each day of the calendar month.

3)

The quantity of solid waste permanently disposed, in tons weighed,

which is exempted from the fee payment provisions, showing the

categorical exemptions which applies under Section 858.103, for

each day of the calendar month.

4)

The quantity of solid waste permanently disposed, in tons weighed,

which is subject to the fee payment provisions for each day of the

calendar month.

b)

On or before April 15, July 15, October 15 and January 15, the landfill

owner or operator shall submit to the Agency the Monthly Solid Waste

Records for the three calendar months preceding the receipt date.

(Source: Added at 13 Ill. Reg. 17428, effective October 31, 1989)

Section 858.207 Quarterly Solid Waste Summary

a)

A Quarterly Solid Waste Summary shall be maintained at the site and

shall include the following information:

1)

The Agency designated site number, the site name and the calendar

quarter for which the summary applies.

2)

The total quantity of solid waste received in tons weighed:

A)

for each month of the calendar quarter;

B)

for the entire calendar quarter; and

C)

for the calendar year-to-date.

3)

The quantity of solid waste permanently disposed of in tons

---

weighed that is exempted from the fee payment provisions

showing the categorical exemption that applies under Section

858.103:

A)

for each month of the calendar quarter;

B)

for the entire calendar quarter; and

C)

for the calendar year-to-date.

4)

The quantity of solid waste permanently disposed of in tons

weighed that is subject to the fee payment provisions:

A)

for the month of the calendar quarter;

B)

for the entire calendar quarter; and

C)

for the calendar year-to-date.

5)

The fee rate applicable under Section 22.15 and Section 22.44 of

the Act.

b)

The Quarterly Solid Waste Summary shall be received by the Agency on

or before April 15, July 15, October 15 and January 15 of each year and

shall cover the three calendar months preceding the receipt date.

c)

In addition to the information set forth in subsection (a), the Quarterly

Solid Waste Summary due on April 15 of each year shall include an

estimate of the gateyard capacity remaining at the site under the Agency

developmental permit then in effect as of April 1 of each year and an

estimate of the expected lifetime for that remaining capacity. All capacity

estimates shall be prepared by, or under the supervision of, a registered

professional engineer. The registered professional engineer shall affix the

name of the engineer, date of preparation, registration number, a statement

attesting to the accuracy of the capacity estimate and a professional seal to

all estimates. The remaining gateyard capacity estimate shall be submitted

to the Agency on a form provided by the Agency.

AGENCY NOTE: "gateyard capacity" refers to the amount of waste as

measured upon receipt that the site can accept. This term does not refer to

the void space remaining in place at the disposal site.

(Source: Amended at 31 Ill. Reg. 5081, effective March 14, 2007)

Section 858.208 Revisions to Monthly Solid Waste Record and Quarterly Solid

Waste Summary

---

When errors in the amount of waste permanently disposed of or the amount of the fee due

under Section 22.15 or Section 22.44 are discovered in any of the records required to be

kept under this Part, a revised Monthly Solid Waste Record and Quarterly Solid Waste

Summary reflecting the corrections shall be completed by the site operator and submitted

to the Agency. The revised Monthly Solid Waste Record and Quarterly Solid Waste

Summary and any payment due the Agency shall be received by the Agency no later than

the seventh day following the discovery of the error. If the revision results in a payment

due the site, the site operator shall show the adjustment on the next Quarterly Solid

Waste Summary.

(Source: Amended at 31 Ill. Reg. 5081, effective March 14, 2007)

SUBPART C: PROCEDURES FOR MAINTAINING RECORDS WHERE

THE QUANTITY OF WASTE HAS NOT BEEN WEIGHED

Section 858.301 Applicability

The requirements of this Subpart apply to sanitary landfills where the owner or operator

does not weigh the quantity of solid waste received with a device for which certification

has been obtained under the Weights and Measures Act [225 ILCS 470].

(Source: Amended at 31 Ill. Reg. 5081, effective March 14, 2007)

Section 858.302 Records

a)

The operator of a sanitary landfill shall keep a record of solid waste

received at the landfill. The operator shall keep the following records:

1)

Daily Solid Waste Record;

2)

Monthly Solid Waste Record; and

3)

Quarterly Solid Waste Summary.

b)

Each Monthly Solid Waste Record and each Quarterly Solid Waste

Summary submitted to the Agency shall be in a form as prescribed by the

Agency.

(Source: Amended at 13 Ill. Reg. 17428, effective October 31, 1989)

Section 858.303 Daily Solid Waste Record

a)

The Daily Solid Waste Record shall be maintained at the site and shall

include the day of the week, the date, the Agency designated site number

and the site name and address. For each load of waste received at the site

the following information shall be recorded in the Daily Solid Waste

Record:

1)

The amount of solid waste received as measured in cubic yards.

---

2)

If the waste is a non-hazardous special waste, the following

information:

A)

The supplemental waste stream permit number for any

waste stream permitted under 35 Ill. Adm. Code 807.210,

or a description of the waste stream in like manner as

required for supplemental waste stream permits if such a

supplemental waste stream permit is not required; and

B)

For waste streams received under authority of a

supplemental waste stream permit only, the name of the

generator.

3)

If the waste load permanently disposed is exempt from the fee

payment provisions of Subparagraph D under Section 858.103(a),

the sub-paragraph under which the waste is exempted and a

description of the waste.

4)

If the waste load permanently disposed is exempt from the fee

payment provisions of Subpart D under Section 858.103(b), the

following information:

A)

The Agency exemption granted for the waste; and

B)

The contract under which the solid waste is received.

b)

Entries on the Daily Solid Waste Record as required by subsection (a)

shall be made contemporaneously with the receipt of each load, unless the

operator uses a different method of recording the required information

which assures that required information can be entered on the Daily Solid

Waste Record by the end of each business day, in which case the

information must be recorded in the Daily Solid Waste Record by the end

of each business day. Where an alternative method of contemporaneous

recording is used, that record, in addition to the Daily Solid Waste Record,

must be maintained in accordance with the records retention provisions of

Section 858.104.

c)

At the end of each business day the operator shall record on the Daily

Solid Waste Record the total amount of waste received as measured in

cubic yards and the total amount of waste received as measured in cubic

yards that is subject to the fee provisions of Subpart D.

(Source: Amended at 13 Ill. Reg. 17428, effective October 31, 1989)

Section 858.304 Quarterly Solid Waste Summary (Recodified)

(Source: Recodified to 35 Ill. Adm. Code 858.308 at 13 Ill. Reg. 5945)

Section 858.305 Supplemental Solid Waste Record (Recodified)

(Source: Recodified to 35 Ill. Adm. Code 858.309 at 13 Ill. Reg. 5945)

Section 858.306 Measurement (Recodified)

---

(Source: Recodified to 35 Ill. Adm. Code 858.310 at 13 Ill. Reg. 5945)

Section 858.307 Monthly Solid Waste Record

a)

A Monthly Solid Waste Record shall be maintained at the site and shall

include the following information:

1)

The Agency designated site number, the site name and address and

the calendar month for which the record applies.

2)

The total quantity of solid waste permanently disposed as

measured in cubic yards for each day of the calendar month.

3)

The quantity of solid waste permanently disposed as measured in

cubic yards which is exempted from the fee payment provisions

showing the categorical exemption which applies under Section

858.103 for each day of the calendar month.

4)

The quantity of solid waste permanently disposed as measured in

cubic yards which is subject to the fee payment provisions for each

day of the calendar month.

b)

On or before April 15, July 15, October 15 and January 15, the landfill

owner or operator shall submit to the Agency the Monthly Solid Waste

Records for the three calendar months preceding the receipt date.

(Source: Added at 13 Ill. Reg. 17428, effective October 31, 1989)

Section 858.308 Quarterly Solid Waste Summary

a)

A Quarterly Solid Waste Summary shall be maintained at the site and

shall include the following information:

1)

The Agency designated site number, the site name and address and

the month for which the record applies.

2)

The total quantity of solid waste permanently disposed as

measured in cubic yards:

A)

for each month of the calendar quarter;

B)

for the entire calendar quarter; and

C)

for the calendar year-to-date.

3)

The quantity of solid waste permanently disposed of in tons

weighed that is exempted from the fee payment provisions

showing the categorical exemption that applies under Section

858.103:

A)

for each month of the calendar quarter;

---

B)

for the entire calendar quarter; and

C)

for the calendar year-to-date.

4)

The quantity of solid waste permanently disposed of in tons

weighed that is subject to the fee payment provisions:

A)

for the month of the calendar quarter;

B)

for the entire calendar quarter; and

C)

for the calendar year-to-date.

5)

The fee rate applicable under Section 22.15 and Section 22.44 of

the Act.

b)

The Quarterly Solid Waste Summary shall be received by the Agency on

or before April 15, July 15, October 15 and January 15 of each year and

shall cover the three calendar months preceding the receipt date.

c)

In addition to the information set forth in subsection (a), the Quarterly

Solid Waste Summary due on April 15 of each year shall include an

estimate of the capacity remaining at the Site under the Agency permits

then in effect and an estimate of the expected lifetime for that remaining

capacity.

(Source: Amended at 31 Ill. Reg. 5081, effective March 14, 2007)

Section 858.309 Revisions to Monthly Solid Waste Record and Quarterly Solid

Waste Summary

When errors in the amount of waste permanently disposed of or the amount of the fee due

under Section 22.15 or Section 22.44 are discovered in any of the records required to be

kept under this Part, a revised Monthly Solid Waste Record and Quarterly Solid Waste

Summary reflecting the corrections shall be completed by the site operator and submitted

to the Agency. The revised Monthly Solid Waste Record and Quarterly Solid Waste

Summary and any payment due the Agency shall be received by the Agency no later than

the seventh day following the discovery of the error. If the revision results in a payment

due the site, the site operator shall show the adjustment on the next Quarterly Solid

Waste Summary.

(Source: Amended at 31 Ill. Reg. 5081, effective March 14, 2007)

Section 858.310 Measurement

---

a)

Although solid waste is sometimes measured in other units, the site

operator is responsible for accurately measuring any load of waste in

cubic yards.

b)

For motor vehicles with a gross vehicle weight in excess of 8,000 pounds,

except passenger cars, the measurement in cubic yards for any load of

waste shall be either the rated volumetric capacity of the vehicle

delivering the load or, where charges for receiving solid waste at a landfill

are based upon the actual volume received, the actual volume received.

c)

For passenger cars, regardless of weight, and other motor vehicles with a

gross vehicle weight of 8,000 pounds or less, the measurement in cubic

yards for any load of waste shall be based on visual observation of the

volume delivered.

(Source: Amended at 31 Ill. Reg. 5081, effective March 14, 2007)

SUBPART D: PROCEDURES FOR PAYMENT OF FEES

Section 858.401 Quarterly Submission of Payment

a)

Payment of the fee due under Section 22.15 and Section 22.44 of the Act

shall be made on a quarterly basis with the submission of the Quarterly

Solid Waste Summary. Such payment shall be received by the Agency on

or before April 15, July 15, October 15 and January 15 of each year and

shall cover the three calendar months preceding the receipt date.

b)

For sanitary landfills subject to Subpart B, the fee payment due shall be

calculated by multiplying the quantity of solid waste received in tons

weighed that are subject to the fee payment provisions as reported on the

Quarterly Solid Waste Summary times the applicable rate in Section 22.15

and Section 22.44 of the Act.

c)

For sanitary landfills subject to Subpart C, the fee payment due shall be

calculated as follows, unless otherwise calculated pursuant to subsection

(g):

1)

For payments due on April 15, July 15 and October 15:

A)

Since the fee schedule is based on amount of cubic yards, if

both tons and cubic yards are reported, the quantity of solid

waste permanently disposed of in tons weighed shall be

converted to cubic yards. Use the total cubic yards amount

(the cubic yard quantity received plus the corrected tons) to

determine the applicable fee. The solid waste measured in

tons subject to Subpart B should be converted to cubic

---

yards using either an Agency standard rate of 3.3 cubic

yards-to-ton conversion ratio or the site's actual rate that

best reflects the site's conversion ratio. After determining

the cubic yard quantity of waste subject-to-fee, multiply the

quantity of solid waste subject to the fee payment

provisions as reported on the Quarterly Solid Waste

Summary for the preceding three calendar months by 4.

B)

Based on subsection (c)(1)(A), determine the applicable

category under Section 22.15 and Section 22.44 of the Act.

C)

Based on subsection (c)(1)(B), divide the annual fee by 4.

2)

For payments due January 15:

A)

Based on the quantity permanently disposed of during the

previous calendar year, determine the applicable category

under Section 22.15 and Section 22.44 of the Act.

B)

Subtract the amount paid for the first, second and third

quarters from the annual fee determined under (c)(1)(A).

d)

If the calculation of fees under this Section results in an overpayment, the

Agency shall credit this overpayment against fees due during the

subsequent calendar year.

e)

If a sanitary landfill intends to cease receipt of waste during the calendar

year:

1)

The sanitary landfill shall notify the Agency by January 15 of that

year. The notification shall include:

A)

The date by which waste will cease to be received; and

B)

A fee payment schedule to assure submission of fees in

accordance with Section 22.15 and Section 22.44 of the

Act.

2)

The Agency shall review the fee payment schedule to determine if

it will result in an underpayment or overpayment and will notify

the operator within 30 days of any deficiencies or overpayments

under the schedule.

f)

If a sanitary landfill intends to begin the receipt of waste:

1)

The sanitary landfill shall notify the Agency no less than 90 days

---

prior to beginning the receipt of waste. The notification shall

include:

A)

The date by which waste will begin to be received; and

B)

A fee payment schedule to assure submission of fees in

accordance with Section 22.15 and Section 22.44 of the

Act.

2)

The Agency shall review the fee payment schedule to determine if

it will result in an underpayment or overpayment and will notify

the operator within 30 days of any deficiencies or overpayments

under the schedule.

g)

The fee payment due January 15 shall be determined, in all cases, pursuant

to subsection (c)(2); however, the fee payment due on April 15, July 15

and October 15 for landfills subject to Subpart C may be calculated as

follows, provided that the owner or operator has demonstrated that

calculating such fee payments according to subsection (c)(1) will result in

an overpayment, and provided that the owner or operator has applied in

writing for Agency approval of an alternative fee payment schedule

pursuant to this subsection by February 1 of each year and the application

has not been denied by March 30:

1)

Utilizing historical or other relevant area-specific or facility-

specific data, estimate the annual volume of wastes subject to the

fees imposed under this Section that will be received at the site;

2)

Determine the appropriate annual fee for such estimated volume of

wastes pursuant to Section 22.15 and Section 22.44 of the Act;

3)

At the end of each of the first 3 quarters of the calendar year,

divide the actual volume of waste received during that quarter

subject to the fees imposed under this Section by the annual waste

volume estimated pursuant to subsection (g)(1);

4)

Multiply the result of subsection (g)(3) by the annual fee

determined pursuant to subsection (g)(2): the product of this step

is the appropriate fee payment for the quarter;

AGENCY NOTE: The purpose of this subsection (g) is to allow

owners or operators of landfills receiving widely fluctuating

cyclical quarterly waste volumes (e.g., landfills whose operations

are subject to seasonal variations in waste volumes received) to

prevent extreme overpayments or underpayments for the first three

quarters of each year. Extreme overpayments are the greater

---

concern, inasmuch as the Agency is empowered only to grant

credits against the next year's fee obligation; refunds of excess

payments are not authorized.

(Source: Amended at 31 Ill. Reg. 5081, effective March 14, 2007)

Section 858.402 Manner of Payment

Payment shall be made by check or money order payable to Illinois Environmental

Protection Agency. Payment shall be mailed to the Agency at the following address:

Illinois Environmental Protection Agency

Division of Administration, Fiscal Services

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(Source: Amended at 31 Ill. Reg. 5081, effective March 14, 2007)