Wednesday, October 17, 2007

Proper Definitions


On my way through researching the legislative history and intent of 415 ILCS 5/22.38, I came across two definitions that were left out of the current definitions section, but that our village can and should use. That makes a total of three definitions that should be written into our muni code, and there should be no hesitation to write more as needed.

Keep this in mind: the village could have simply adopted by reference the Environmental Protection Act and/or the Environmental Safety Laws in their entirety. This still stands as an example of our local government almost going off a cliff and creating problems instead of solving them.

Recycling Collection Facility. A "Recycling Collection Facility" is a site or facility that accepts only segregated, nonhazardous, nonspecial, homogeneous, nonputrescible materials, such as dry paper, glass, cans or plastics, for subsequent use in the secondary materials market.

Straight copy from 415 ILCS 5/3. 375. That's one.

Commercial general construction or demolition debris recycling center. "Commercial general construction or demolition debris recycling center" means a site or facility that accepts from more than one source only general construction or demolition debris that is generated off-site so that recyclable materials will be separated and removed for subsequent use in the secondary materials market.


The current Sec. 3.160 definition of commercial general construction or demolition debris incorporates 5/3.78a. Take a look at the header for that section (415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a), so there is a rational basis for using this second separate definition, which is 5/3.78a. That's two.


On-site general construction or demolition debris recycling center. "On-site general construction or demolition debris recycling center" means a site or facility used by any person accepting only general construction or demolition debris that is generated by that person's own activities at the site or facility or transported within or between sites or facilities owned, controlled, or operated by that person, so that recyclable materials will be separated and removed for subsequent use in the secondary materials market.


That's a straight copy of 415 ILCS 5/3.78b new. That's three, that's a wrap for now, and our local government can go back to fixing our streets and flooding.

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