Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1398 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1398 Introduced 1/29/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: See Index Amends the Environmental Protection Act. Defines the terms "anaerobic digester", "anaerobic digestion", and "food". Deletes provisions that exempted certain composting facilities from regulation as a pollution control facility. Creates exemptions from the definition of "pollution control facility" for (i) the portion of a site or facility that is used for anaerobic digestion and (ii) the portion of a site or facility that is used to process food scrap at a food scrap processing facility. Provides for moneys that are appropriated from the Solid Waste Management Fund to the Agency in certain years for solid waste management activities to be segregated into a separate account for use by the Prairie Research Institute of the University of Illinois for the costs of implementing the Illinois Solid Waste Management Act. Amends the Solid Waste Planning and Recycling Act. Updates requirements for each county waste management plan's recycling program with respect to food scrap collection programs. Amends the Illinois Solid Waste Management Act. Provides that a person that generates more than the applicable regulatory threshold of food and food scrap and that is located within 20 miles, prior to July 1, 2035, or 25 miles, on and after July 1, 2035, of an Agency-permitted composting facility or anaerobic digester that accepts food scrap and that has the permitted capacity to accept food scrap shall, among other things, source separate food and food scrap from other solid waste and either arrange for the transfer of the food or food scrap to a location that manages food and food scrap in a manner consistent with the food and food scrap management hierarchy set forth in the Act or manage the food and food scrap on site in accordance with other applicable State and local laws and rules. Grants the Agency rulemaking powers. Contains other provisions. Effective immediately. LRB104 09366 BDA 19425 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1398 Introduced 1/29/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: See Index See Index Amends the Environmental Protection Act. Defines the terms "anaerobic digester", "anaerobic digestion", and "food". Deletes provisions that exempted certain composting facilities from regulation as a pollution control facility. Creates exemptions from the definition of "pollution control facility" for (i) the portion of a site or facility that is used for anaerobic digestion and (ii) the portion of a site or facility that is used to process food scrap at a food scrap processing facility. Provides for moneys that are appropriated from the Solid Waste Management Fund to the Agency in certain years for solid waste management activities to be segregated into a separate account for use by the Prairie Research Institute of the University of Illinois for the costs of implementing the Illinois Solid Waste Management Act. Amends the Solid Waste Planning and Recycling Act. Updates requirements for each county waste management plan's recycling program with respect to food scrap collection programs. Amends the Illinois Solid Waste Management Act. Provides that a person that generates more than the applicable regulatory threshold of food and food scrap and that is located within 20 miles, prior to July 1, 2035, or 25 miles, on and after July 1, 2035, of an Agency-permitted composting facility or anaerobic digester that accepts food scrap and that has the permitted capacity to accept food scrap shall, among other things, source separate food and food scrap from other solid waste and either arrange for the transfer of the food or food scrap to a location that manages food and food scrap in a manner consistent with the food and food scrap management hierarchy set forth in the Act or manage the food and food scrap on site in accordance with other applicable State and local laws and rules. Grants the Agency rulemaking powers. Contains other provisions. Effective immediately. LRB104 09366 BDA 19425 b LRB104 09366 BDA 19425 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1398 Introduced 1/29/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Environmental Protection Act. Defines the terms "anaerobic digester", "anaerobic digestion", and "food". Deletes provisions that exempted certain composting facilities from regulation as a pollution control facility. Creates exemptions from the definition of "pollution control facility" for (i) the portion of a site or facility that is used for anaerobic digestion and (ii) the portion of a site or facility that is used to process food scrap at a food scrap processing facility. Provides for moneys that are appropriated from the Solid Waste Management Fund to the Agency in certain years for solid waste management activities to be segregated into a separate account for use by the Prairie Research Institute of the University of Illinois for the costs of implementing the Illinois Solid Waste Management Act. Amends the Solid Waste Planning and Recycling Act. Updates requirements for each county waste management plan's recycling program with respect to food scrap collection programs. Amends the Illinois Solid Waste Management Act. Provides that a person that generates more than the applicable regulatory threshold of food and food scrap and that is located within 20 miles, prior to July 1, 2035, or 25 miles, on and after July 1, 2035, of an Agency-permitted composting facility or anaerobic digester that accepts food scrap and that has the permitted capacity to accept food scrap shall, among other things, source separate food and food scrap from other solid waste and either arrange for the transfer of the food or food scrap to a location that manages food and food scrap in a manner consistent with the food and food scrap management hierarchy set forth in the Act or manage the food and food scrap on site in accordance with other applicable State and local laws and rules. Grants the Agency rulemaking powers. Contains other provisions. Effective immediately.
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8	8	A BILL FOR
9	9	SB1398LRB104 09366 BDA 19425 b SB1398 LRB104 09366 BDA 19425 b
10	10	SB1398 LRB104 09366 BDA 19425 b
11	11	1 AN ACT concerning safety.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Environmental Protection Act is amended by
15	15	5 changing Sections 3.197, 3.330, 22.15, and 22.22 and by adding
16	16	6 Sections 3.121, 3.122, 3.196, and 3.198 as follows:
17	17	7 (415 ILCS 5/3.121 new)
18	18	8 Sec. 3.121. Anaerobic digester. "Anaerobic digester" means
19	19	9 a facility that manages organic matter using anaerobic
20	20	10 digestion.
21	21	11 (415 ILCS 5/3.122 new)
22	22	12 Sec. 3.122. Anaerobic digestion. "Anaerobic digestion"
23	23	13 means the biological process by which microorganisms break
24	24	14 down organic material in the absence of oxygen in an enclosed
25	25	15 vessel to produce energy, digestate, and agricultural
26	26	16 supplements.
27	27	17 (415 ILCS 5/3.196 new)
28	28	18 Sec. 3.196. Food. "Food" means any raw, cooked, processed,
29	29	19 or prepared substance, beverage, or ingredient used or
30	30	20 intended for human consumption.
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34	34	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1398 Introduced 1/29/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
35	35	See Index See Index
36	36	See Index
37	37	Amends the Environmental Protection Act. Defines the terms "anaerobic digester", "anaerobic digestion", and "food". Deletes provisions that exempted certain composting facilities from regulation as a pollution control facility. Creates exemptions from the definition of "pollution control facility" for (i) the portion of a site or facility that is used for anaerobic digestion and (ii) the portion of a site or facility that is used to process food scrap at a food scrap processing facility. Provides for moneys that are appropriated from the Solid Waste Management Fund to the Agency in certain years for solid waste management activities to be segregated into a separate account for use by the Prairie Research Institute of the University of Illinois for the costs of implementing the Illinois Solid Waste Management Act. Amends the Solid Waste Planning and Recycling Act. Updates requirements for each county waste management plan's recycling program with respect to food scrap collection programs. Amends the Illinois Solid Waste Management Act. Provides that a person that generates more than the applicable regulatory threshold of food and food scrap and that is located within 20 miles, prior to July 1, 2035, or 25 miles, on and after July 1, 2035, of an Agency-permitted composting facility or anaerobic digester that accepts food scrap and that has the permitted capacity to accept food scrap shall, among other things, source separate food and food scrap from other solid waste and either arrange for the transfer of the food or food scrap to a location that manages food and food scrap in a manner consistent with the food and food scrap management hierarchy set forth in the Act or manage the food and food scrap on site in accordance with other applicable State and local laws and rules. Grants the Agency rulemaking powers. Contains other provisions. Effective immediately.
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39	39	LRB104 09366 BDA 19425 b
40	40	A BILL FOR
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46	46	See Index
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65	65	1 (415 ILCS 5/3.197)
66	66	2 Sec. 3.197. Food scrap. "Food scrap" means garbage that is
67	67	3 (i) capable of being decomposed into compost by composting,
68	68	4 (ii) separated by the generator from other waste, including,
69	69	5 but not limited to, garbage that is not capable of being
70	70	6 decomposed into compost by composting, and (iii) managed
71	71	7 separately from other waste, including, but not limited to,
72	72	8 garbage that is not capable of being decomposed into compost
73	73	9 by composting. "Food scrap" includes, but is not limited to,
74	74	10 packaging, utensils, and food containers that composed of
75	75	11 readily biodegradable material. For the purposes of this
76	76	12 Section, packaging, utensils, and food containers are readily
77	77	13 biodegradable if they meet the ASTM D6400 standard.
78	78	14 (Source: P.A. 96-418, eff. 1-1-10.)
79	79	15 (415 ILCS 5/3.198 new)
80	80	16 Sec. 3.198. Food scrap processing facility. "Food scrap
81	81	17 processing facility" means an intermediate processing facility
82	82	18 permitted by the Agency to accept food scrap only for removal
83	83	19 of food scrap from its original packaging or for processing
84	84	20 the food scrap to make it suitable for either transporting to
85	85	21 an Agency-permitted composting facility or anaerobic digester.
86	86	22 (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
87	87	23 Sec. 3.330. Pollution control facility.
88	88	24 (a) "Pollution control facility" is any waste storage
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99	99	1 site, sanitary landfill, waste disposal site, waste transfer
100	100	2 station, waste treatment facility, or waste incinerator. This
101	101	3 includes sewers, sewage treatment plants, and any other
102	102	4 facilities owned or operated by sanitary districts organized
103	103	5 under the Metropolitan Water Reclamation District Act.
104	104	6 The following are not pollution control facilities:
105	105	7 (1) (blank);
106	106	8 (2) waste storage sites regulated under 40 CFR 761.42;
107	107	9 (3) sites or facilities used by any person conducting
108	108	10 a waste storage, waste treatment, waste disposal, waste
109	109	11 transfer or waste incineration operation, or a combination
110	110	12 thereof, for wastes generated by such person's own
111	111	13 activities, when such wastes are stored, treated, disposed
112	112	14 of, transferred or incinerated within the site or facility
113	113	15 owned, controlled or operated by such person, or when such
114	114	16 wastes are transported within or between sites or
115	115	17 facilities owned, controlled or operated by such person;
116	116	18 (4) sites or facilities at which the State is
117	117	19 performing removal or remedial action pursuant to Section
118	118	20 22.2 or 55.3;
119	119	21 (5) abandoned quarries used solely for the disposal of
120	120	22 concrete, earth materials, gravel, or aggregate debris
121	121	23 resulting from road construction activities conducted by a
122	122	24 unit of government or construction activities due to the
123	123	25 construction and installation of underground pipes, lines,
124	124	26 conduit or wires off of the premises of a public utility
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135	135	1 company which are conducted by a public utility;
136	136	2 (6) sites or facilities used by any person to
137	137	3 specifically conduct a landscape composting operation;
138	138	4 (7) regional facilities as defined in the Central
139	139	5 Midwest Interstate Low-Level Radioactive Waste Compact;
140	140	6 (8) the portion of a site or facility where coal
141	141	7 combustion wastes are stored or disposed of in accordance
142	142	8 with subdivision (r)(2) or (r)(3) of Section 21;
143	143	9 (9) the portion of a site or facility used for the
144	144	10 collection, storage or processing of waste tires as
145	145	11 defined in Title XIV;
146	146	12 (10) the portion of a site or facility used for
147	147	13 treatment of petroleum contaminated materials by
148	148	14 application onto or incorporation into the soil surface
149	149	15 and any portion of that site or facility used for storage
150	150	16 of petroleum contaminated materials before treatment. Only
151	151	17 those categories of petroleum listed in Section 57.9(a)(3)
152	152	18 are exempt under this subdivision (10);
153	153	19 (11) the portion of a site or facility where used oil
154	154	20 is collected or stored prior to shipment to a recycling or
155	155	21 energy recovery facility, provided that the used oil is
156	156	22 generated by households or commercial establishments, and
157	157	23 the site or facility is a recycling center or a business
158	158	24 where oil or gasoline is sold at retail;
159	159	25 (11.5) processing sites or facilities that receive
160	160	26 only on-specification used oil, as defined in 35 Ill. Adm.
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171	171	1 Code 739, originating from used oil collectors for
172	172	2 processing that is managed under 35 Ill. Adm. Code 739 to
173	173	3 produce products for sale to off-site petroleum
174	174	4 facilities, if these processing sites or facilities are:
175	175	5 (i) located within a home rule unit of local government
176	176	6 with a population of at least 30,000 according to the 2000
177	177	7 federal census, that home rule unit of local government
178	178	8 has been designated as an Urban Round II Empowerment Zone
179	179	9 by the United States Department of Housing and Urban
180	180	10 Development, and that home rule unit of local government
181	181	11 has enacted an ordinance approving the location of the
182	182	12 site or facility and provided funding for the site or
183	183	13 facility; and (ii) in compliance with all applicable
184	184	14 zoning requirements;
185	185	15 (12) the portion of a site or facility utilizing coal
186	186	16 combustion waste for stabilization and treatment of only
187	187	17 waste generated on that site or facility when used in
188	188	18 connection with response actions pursuant to the federal
189	189	19 Comprehensive Environmental Response, Compensation, and
190	190	20 Liability Act of 1980, the federal Resource Conservation
191	191	21 and Recovery Act of 1976, or the Illinois Environmental
192	192	22 Protection Act or as authorized by the Agency;
193	193	23 (13) the portion of a site or facility regulated under
194	194	24 Section 22.38 of this Act;
195	195	25 (14) the portion of a site or facility, located within
196	196	26 a unit of local government that has enacted local zoning
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207	207	1 requirements, used to accept, separate, and process
208	208	2 uncontaminated broken concrete, with or without protruding
209	209	3 metal bars, provided that the uncontaminated broken
210	210	4 concrete and metal bars are not speculatively accumulated,
211	211	5 are at the site or facility no longer than one year after
212	212	6 their acceptance, and are returned to the economic
213	213	7 mainstream in the form of raw materials or products;
214	214	8 (15) the portion of a site or facility located in a
215	215	9 county with a population over 3,000,000 that has obtained
216	216	10 local siting approval under Section 39.2 of this Act for a
217	217	11 municipal waste incinerator on or before July 1, 2005 and
218	218	12 that is used for a non-hazardous waste transfer station;
219	219	13 (16) a site or facility that temporarily holds in
220	220	14 transit for 10 days or less, non-putrescible solid waste
221	221	15 in original containers, no larger in capacity than 500
222	222	16 gallons, provided that such waste is further transferred
223	223	17 to a recycling, disposal, treatment, or storage facility
224	224	18 on a non-contiguous site and provided such site or
225	225	19 facility complies with the applicable 10-day transfer
226	226	20 requirements of the federal Resource Conservation and
227	227	21 Recovery Act of 1976 and United States Department of
228	228	22 Transportation hazardous material requirements. For
229	229	23 purposes of this Section only, "non-putrescible solid
230	230	24 waste" means waste other than municipal garbage that does
231	231	25 not rot or become putrid, including, but not limited to,
232	232	26 paints, solvent, filters, and absorbents;
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243	243	1 (17) the portion of a site or facility located in a
244	244	2 county with a population greater than 3,000,000 that has
245	245	3 obtained local siting approval, under Section 39.2 of this
246	246	4 Act, for a municipal waste incinerator on or before July
247	247	5 1, 2005 and that is used for wood combustion facilities
248	248	6 for energy recovery that accept and burn only wood
249	249	7 material, as included in a fuel specification approved by
250	250	8 the Agency;
251	251	9 (18) a transfer station used exclusively for landscape
252	252	10 waste, including a transfer station where landscape waste
253	253	11 is ground to reduce its volume, where the landscape waste
254	254	12 is held no longer than 24 hours from the time it was
255	255	13 received;
256	256	14 (19) the portion of a site or facility that (i) is used
257	257	15 for the anaerobic digestion composting of food scrap using
258	258	16 an anaerobic digester and that results in the digestate
259	259	17 by-product being used as a soil amendment, animal bedding
260	260	18 or other agricultural product either on site or off site ,
261	261	19 livestock waste, crop residue, uncontaminated wood waste,
262	262	20 or paper waste, including, but not limited to, corrugated
263	263	21 paper or cardboard, and (ii) meets all of the following
264	264	22 requirements:
265	265	23 (A) There must not be more than a total of 30,000
266	266	24 cubic yards of livestock waste in raw form or in the
267	267	25 process of being composted at the site or facility at
268	268	26 any one time.
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279	279	1 (B) All food scrap, livestock waste, crop residue,
280	280	2 uncontaminated wood waste, and paper waste must, by
281	281	3 the end of each operating day, be processed and placed
282	282	4 into an enclosed vessel in which air flow and
283	283	5 temperature are controlled, or all of the following
284	284	6 additional requirements must be met:
285	285	7 (i) The portion of the site or facility used
286	286	8 for the composting operation must include a
287	287	9 setback of at least 200 feet from the nearest
288	288	10 potable water supply well.
289	289	11 (ii) The portion of the site or facility used
290	290	12 for the composting operation must be located
291	291	13 outside the boundary of the 10-year floodplain or
292	292	14 floodproofed.
293	293	15 (iii) Except in municipalities with more than
294	294	16 1,000,000 inhabitants, the portion of the site or
295	295	17 facility used for the composting operation must be
296	296	18 located at least one-eighth of a mile from the
297	297	19 nearest residence, other than a residence located
298	298	20 on the same property as the site or facility.
299	299	21 (iv) The portion of the site or facility used
300	300	22 for the composting operation must be located at
301	301	23 least one-eighth of a mile from the property line
302	302	24 of all of the following areas:
303	303	25 (I) Facilities that primarily serve to
304	304	26 house or treat people that are
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315	315	1 immunocompromised or immunosuppressed, such as
316	316	2 cancer or AIDS patients; people with asthma,
317	317	3 cystic fibrosis, or bioaerosol allergies; or
318	318	4 children under the age of one year.
319	319	5 (II) Primary and secondary schools and
320	320	6 adjacent areas that the schools use for
321	321	7 recreation.
322	322	8 (III) Any facility for child care licensed
323	323	9 under Section 3 of the Child Care Act of 1969;
324	324	10 preschools; and adjacent areas that the
325	325	11 facilities or preschools use for recreation.
326	326	12 (v) By the end of each operating day, all food
327	327	13 scrap, livestock waste, crop residue,
328	328	14 uncontaminated wood waste, and paper waste must be
329	329	15 (i) processed into windrows or other piles and
330	330	16 (ii) covered in a manner that prevents scavenging
331	331	17 by birds and animals and that prevents other
332	332	18 nuisances.
333	333	19 (C) Food scrap, livestock waste, crop residue,
334	334	20 uncontaminated wood waste, paper waste, and compost
335	335	21 must not be placed within 5 feet of the water table.
336	336	22 (D) The site or facility must meet all of the
337	337	23 requirements of the Wild and Scenic Rivers Act (16
338	338	24 U.S.C. 1271 et seq.).
339	339	25 (E) The site or facility must not (i) restrict the
340	340	26 flow of a 100-year flood, (ii) result in washout of
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351	351	1 food scrap, livestock waste, crop residue,
352	352	2 uncontaminated wood waste, or paper waste from a
353	353	3 100-year flood, or (iii) reduce the temporary water
354	354	4 storage capacity of the 100-year floodplain, unless
355	355	5 measures are undertaken to provide alternative storage
356	356	6 capacity, such as by providing lagoons, holding tanks,
357	357	7 or drainage around structures at the facility.
358	358	8 (F) The site or facility must not be located in any
359	359	9 area where it may pose a threat of harm or destruction
360	360	10 to the features for which:
361	361	11 (i) an irreplaceable historic or
362	362	12 archaeological site has been listed under the
363	363	13 National Historic Preservation Act (16 U.S.C. 470
364	364	14 et seq.) or the Illinois Historic Preservation
365	365	15 Act;
366	366	16 (ii) a natural landmark has been designated by
367	367	17 the National Park Service or the Illinois State
368	368	18 Historic Preservation Office; or
369	369	19 (iii) a natural area has been designated as a
370	370	20 Dedicated Illinois Nature Preserve under the
371	371	21 Illinois Natural Areas Preservation Act.
372	372	22 (G) The site or facility must not be located in an
373	373	23 area where it may jeopardize the continued existence
374	374	24 of any designated endangered species, result in the
375	375	25 destruction or adverse modification of the critical
376	376	26 habitat for such species, or cause or contribute to
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387	387	1 the taking of any endangered or threatened species of
388	388	2 plant, fish, or wildlife listed under the Endangered
389	389	3 Species Act (16 U.S.C. 1531 et seq.) or the Illinois
390	390	4 Endangered Species Protection Act;
391	391	5 (20) the portion of a site or facility that is located
392	392	6 entirely within a home rule unit having a population of no
393	393	7 less than 120,000 and no more than 135,000, according to
394	394	8 the 2000 federal census, and that meets all of the
395	395	9 following requirements:
396	396	10 (i) the portion of the site or facility is used
397	397	11 exclusively to perform testing of a thermochemical
398	398	12 conversion technology using only woody biomass,
399	399	13 collected as landscape waste within the boundaries of
400	400	14 the home rule unit, as the hydrocarbon feedstock for
401	401	15 the production of synthetic gas in accordance with
402	402	16 Section 39.9 of this Act;
403	403	17 (ii) the portion of the site or facility is in
404	404	18 compliance with all applicable zoning requirements;
405	405	19 and
406	406	20 (iii) a complete application for a demonstration
407	407	21 permit at the portion of the site or facility has been
408	408	22 submitted to the Agency in accordance with Section
409	409	23 39.9 of this Act within one year after July 27, 2010
410	410	24 (the effective date of Public Act 96-1314);
411	411	25 (21) the portion of a site or facility used to perform
412	412	26 limited testing of a gasification conversion technology in
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423	423	1 accordance with Section 39.8 of this Act and for which a
424	424	2 complete permit application has been submitted to the
425	425	3 Agency prior to one year from April 9, 2010 (the effective
426	426	4 date of Public Act 96-887);
427	427	5 (22) the portion of a site or facility that is used to
428	428	6 incinerate only pharmaceuticals from residential sources
429	429	7 that are collected and transported by law enforcement
430	430	8 agencies under Section 17.9A of this Act;
431	431	9 (23) the portion of a site or facility:
432	432	10 (A) that is used exclusively for the transfer of
433	433	11 commingled landscape waste and food scrap held at the
434	434	12 site or facility for no longer than 24 hours after
435	435	13 their receipt;
436	436	14 (B) that is located entirely within a home rule
437	437	15 unit having a population of (i) not less than 100,000
438	438	16 and not more than 115,000 according to the 2010
439	439	17 federal census, (ii) not less than 5,000 and not more
440	440	18 than 10,000 according to the 2010 federal census, or
441	441	19 (iii) not less than 25,000 and not more than 30,000
442	442	20 according to the 2010 federal census or that is
443	443	21 located in the unincorporated area of a county having
444	444	22 a population of not less than 700,000 and not more than
445	445	23 705,000 according to the 2010 federal census;
446	446	24 (C) that is permitted, by the Agency, prior to
447	447	25 January 1, 2002, for the transfer of landscape waste
448	448	26 if located in a home rule unit or that is permitted
449	449
450	450
451	451
452	452
453	453
454	454	SB1398 - 12 - LRB104 09366 BDA 19425 b
455	455
456	456
457	457	SB1398- 13 -LRB104 09366 BDA 19425 b SB1398 - 13 - LRB104 09366 BDA 19425 b
458	458	SB1398 - 13 - LRB104 09366 BDA 19425 b
459	459	1 prior to January 1, 2008 if located in an
460	460	2 unincorporated area of a county; and
461	461	3 (D) for which a permit application is submitted to
462	462	4 the Agency to modify an existing permit for the
463	463	5 transfer of landscape waste to also include, on a
464	464	6 demonstration basis not to exceed 24 months each time
465	465	7 a permit is issued, the transfer of commingled
466	466	8 landscape waste and food scrap or for which a permit
467	467	9 application is submitted to the Agency within 6 months
468	468	10 of August 11, 2017 (the effective date of Public Act
469	469	11 100-94);
470	470	12 (24) the portion of a municipal solid waste landfill
471	471	13 unit:
472	472	14 (A) that is located in a county having a
473	473	15 population of not less than 55,000 and not more than
474	474	16 60,000 according to the 2010 federal census;
475	475	17 (B) that is owned by that county;
476	476	18 (C) that is permitted, by the Agency, prior to
477	477	19 July 10, 2015 (the effective date of Public Act
478	478	20 99-12); and
479	479	21 (D) for which a permit application is submitted to
480	480	22 the Agency within 6 months after July 10, 2015 (the
481	481	23 effective date of Public Act 99-12) for the disposal
482	482	24 of non-hazardous special waste;
483	483	25 (25) the portion of a site or facility used during a
484	484	26 mass animal mortality event, as defined in the Animal
485	485
486	486
487	487
488	488
489	489
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491	491
492	492
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494	494	SB1398 - 14 - LRB104 09366 BDA 19425 b
495	495	1 Mortality Act, where such waste is collected, stored,
496	496	2 processed, disposed, or incinerated under a mass animal
497	497	3 mortality event plan issued by the Department of
498	498	4 Agriculture; and
499	499	5 (26) the portion of a mine used for the placement of
500	500	6 limestone residual materials generated from the treatment
501	501	7 of drinking water by a municipal utility in accordance
502	502	8 with rules adopted under Section 22.63; and .
503	503	9 (27) the portion of a site or facility that is used to
504	504	10 process food scrap in a food scrap processing facility.
505	505	11 (b) A new pollution control facility is:
506	506	12 (1) a pollution control facility initially permitted
507	507	13 for development or construction after July 1, 1981; or
508	508	14 (2) the area of expansion beyond the boundary of a
509	509	15 currently permitted pollution control facility; or
510	510	16 (3) a permitted pollution control facility requesting
511	511	17 approval to store, dispose of, transfer or incinerate, for
512	512	18 the first time, any special or hazardous waste.
513	513	19 (Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
514	514	20 102-813, eff. 5-13-22; 103-333, eff. 1-1-24.)
515	515	21 (415 ILCS 5/22.15)
516	516	22 Sec. 22.15. Solid Waste Management Fund; fees.
517	517	23 (a) There is hereby created within the State Treasury a
518	518	24 special fund to be known as the Solid Waste Management Fund, to
519	519	25 be constituted from the fees collected by the State pursuant
520	520
521	521
522	522
523	523
524	524
525	525	SB1398 - 14 - LRB104 09366 BDA 19425 b
526	526
527	527
528	528	SB1398- 15 -LRB104 09366 BDA 19425 b SB1398 - 15 - LRB104 09366 BDA 19425 b
529	529	SB1398 - 15 - LRB104 09366 BDA 19425 b
530	530	1 to this Section, from repayments of loans made from the Fund
531	531	2 for solid waste projects, from registration fees collected
532	532	3 pursuant to the Consumer Electronics Recycling Act, from fees
533	533	4 collected under the Paint Stewardship Act, and from amounts
534	534	5 transferred into the Fund pursuant to Public Act 100-433.
535	535	6 Moneys received by either the Agency or the Department of
536	536	7 Commerce and Economic Opportunity in repayment of loans made
537	537	8 pursuant to the Illinois Solid Waste Management Act shall be
538	538	9 deposited into the General Revenue Fund.
539	539	10 (b) The Agency shall assess and collect a fee in the amount
540	540	11 set forth herein from the owner or operator of each sanitary
541	541	12 landfill permitted or required to be permitted by the Agency
542	542	13 to dispose of solid waste if the sanitary landfill is located
543	543	14 off the site where such waste was produced and if such sanitary
544	544	15 landfill is owned, controlled, and operated by a person other
545	545	16 than the generator of such waste. The Agency shall deposit all
546	546	17 fees collected into the Solid Waste Management Fund. If a site
547	547	18 is contiguous to one or more landfills owned or operated by the
548	548	19 same person, the volumes permanently disposed of by each
549	549	20 landfill shall be combined for purposes of determining the fee
550	550	21 under this subsection. Beginning on July 1, 2018, and on the
551	551	22 first day of each month thereafter during fiscal years 2019
552	552	23 through 2025, the State Comptroller shall direct and State
553	553	24 Treasurer shall transfer an amount equal to 1/12 of $5,000,000
554	554	25 per fiscal year from the Solid Waste Management Fund to the
555	555	26 General Revenue Fund.
556	556
557	557
558	558
559	559
560	560
561	561	SB1398 - 15 - LRB104 09366 BDA 19425 b
562	562
563	563
564	564	SB1398- 16 -LRB104 09366 BDA 19425 b SB1398 - 16 - LRB104 09366 BDA 19425 b
565	565	SB1398 - 16 - LRB104 09366 BDA 19425 b
566	566	1 (1) If more than 150,000 cubic yards of non-hazardous
567	567	2 solid waste is permanently disposed of at a site in a
568	568	3 calendar year, the owner or operator shall either pay a
569	569	4 fee of 95 cents per cubic yard or, alternatively, the
570	570	5 owner or operator may weigh the quantity of the solid
571	571	6 waste permanently disposed of with a device for which
572	572	7 certification has been obtained under the Weights and
573	573	8 Measures Act and pay a fee of $2.00 per ton of solid waste
574	574	9 permanently disposed of. In no case shall the fee
575	575	10 collected or paid by the owner or operator under this
576	576	11 paragraph exceed $1.55 per cubic yard or $3.27 per ton.
577	577	12 (2) If more than 100,000 cubic yards but not more than
578	578	13 150,000 cubic yards of non-hazardous waste is permanently
579	579	14 disposed of at a site in a calendar year, the owner or
580	580	15 operator shall pay a fee of $52,630.
581	581	16 (3) If more than 50,000 cubic yards but not more than
582	582	17 100,000 cubic yards of non-hazardous solid waste is
583	583	18 permanently disposed of at a site in a calendar year, the
584	584	19 owner or operator shall pay a fee of $23,790.
585	585	20 (4) If more than 10,000 cubic yards but not more than
586	586	21 50,000 cubic yards of non-hazardous solid waste is
587	587	22 permanently disposed of at a site in a calendar year, the
588	588	23 owner or operator shall pay a fee of $7,260.
589	589	24 (5) If not more than 10,000 cubic yards of
590	590	25 non-hazardous solid waste is permanently disposed of at a
591	591	26 site in a calendar year, the owner or operator shall pay a
592	592
593	593
594	594
595	595
596	596
597	597	SB1398 - 16 - LRB104 09366 BDA 19425 b
598	598
599	599
600	600	SB1398- 17 -LRB104 09366 BDA 19425 b SB1398 - 17 - LRB104 09366 BDA 19425 b
601	601	SB1398 - 17 - LRB104 09366 BDA 19425 b
602	602	1 fee of $1050.
603	603	2 (c) (Blank).
604	604	3 (d) The Agency shall establish rules relating to the
605	605	4 collection of the fees authorized by this Section. Such rules
606	606	5 shall include, but not be limited to:
607	607	6 (1) necessary records identifying the quantities of
608	608	7 solid waste received or disposed;
609	609	8 (2) the form and submission of reports to accompany
610	610	9 the payment of fees to the Agency;
611	611	10 (3) the time and manner of payment of fees to the
612	612	11 Agency, which payments shall not be more often than
613	613	12 quarterly; and
614	614	13 (4) procedures setting forth criteria establishing
615	615	14 when an owner or operator may measure by weight or volume
616	616	15 during any given quarter or other fee payment period.
617	617	16 (e) Pursuant to appropriation, all monies in the Solid
618	618	17 Waste Management Fund shall be used by the Agency for the
619	619	18 purposes set forth in this Section and in the Illinois Solid
620	620	19 Waste Management Act, including for the costs of fee
621	621	20 collection and administration, for administration of the Paint
622	622	21 Stewardship Act, and for the administration of the Consumer
623	623	22 Electronics Recycling Act, the Drug Take-Back Act, and the
624	624	23 Statewide Recycling Needs Assessment Act.
625	625	24 (f) The Agency is authorized to enter into such agreements
626	626	25 and to promulgate such rules as are necessary to carry out its
627	627	26 duties under this Section and the Illinois Solid Waste
628	628
629	629
630	630
631	631
632	632
633	633	SB1398 - 17 - LRB104 09366 BDA 19425 b
634	634
635	635
636	636	SB1398- 18 -LRB104 09366 BDA 19425 b SB1398 - 18 - LRB104 09366 BDA 19425 b
637	637	SB1398 - 18 - LRB104 09366 BDA 19425 b
638	638	1 Management Act.
639	639	2 (g) On the first day of January, April, July, and October
640	640	3 of each year, beginning on July 1, 1996, the State Comptroller
641	641	4 and Treasurer shall transfer $500,000 from the Solid Waste
642	642	5 Management Fund to the Hazardous Waste Fund. Moneys
643	643	6 transferred under this subsection (g) shall be used only for
644	644	7 the purposes set forth in item (1) of subsection (d) of Section
645	645	8 22.2.
646	646	9 (h) The Agency is authorized to provide financial
647	647	10 assistance to units of local government for the performance of
648	648	11 inspecting, investigating, and enforcement activities pursuant
649	649	12 to subsection (r) of Section 4 at nonhazardous solid waste
650	650	13 disposal sites.
651	651	14 (i) The Agency is authorized to conduct household waste
652	652	15 collection and disposal programs.
653	653	16 (j) A unit of local government, as defined in the Local
654	654	17 Solid Waste Disposal Act, in which a solid waste disposal
655	655	18 facility is located may establish a fee, tax, or surcharge
656	656	19 with regard to the permanent disposal of solid waste. All
657	657	20 fees, taxes, and surcharges collected under this subsection
658	658	21 shall be utilized for solid waste management purposes,
659	659	22 including long-term monitoring and maintenance of landfills,
660	660	23 planning, implementation, inspection, enforcement and other
661	661	24 activities consistent with the Illinois Solid Waste Management
662	662	25 Act and the Local Solid Waste Disposal Act, or for any other
663	663	26 environment-related purpose, including, but not limited to, an
664	664
665	665
666	666
667	667
668	668
669	669	SB1398 - 18 - LRB104 09366 BDA 19425 b
670	670
671	671
672	672	SB1398- 19 -LRB104 09366 BDA 19425 b SB1398 - 19 - LRB104 09366 BDA 19425 b
673	673	SB1398 - 19 - LRB104 09366 BDA 19425 b
674	674	1 environment-related public works project, but not for the
675	675	2 construction of a new pollution control facility other than a
676	676	3 household hazardous waste facility. However, the total fee,
677	677	4 tax or surcharge imposed by all units of local government
678	678	5 under this subsection (j) upon the solid waste disposal
679	679	6 facility shall not exceed:
680	680	7 (1) 60 per cubic yard if more than 150,000 cubic
681	681	8 yards of non-hazardous solid waste is permanently disposed
682	682	9 of at the site in a calendar year, unless the owner or
683	683	10 operator weighs the quantity of the solid waste received
684	684	11 with a device for which certification has been obtained
685	685	12 under the Weights and Measures Act, in which case the fee
686	686	13 shall not exceed $1.27 per ton of solid waste permanently
687	687	14 disposed of.
688	688	15 (2) $33,350 if more than 100,000 cubic yards, but not
689	689	16 more than 150,000 cubic yards, of non-hazardous waste is
690	690	17 permanently disposed of at the site in a calendar year.
691	691	18 (3) $15,500 if more than 50,000 cubic yards, but not
692	692	19 more than 100,000 cubic yards, of non-hazardous solid
693	693	20 waste is permanently disposed of at the site in a calendar
694	694	21 year.
695	695	22 (4) $4,650 if more than 10,000 cubic yards, but not
696	696	23 more than 50,000 cubic yards, of non-hazardous solid waste
697	697	24 is permanently disposed of at the site in a calendar year.
698	698	25 (5) $650 if not more than 10,000 cubic yards of
699	699	26 non-hazardous solid waste is permanently disposed of at
700	700
701	701
702	702
703	703
704	704
705	705	SB1398 - 19 - LRB104 09366 BDA 19425 b
706	706
707	707
708	708	SB1398- 20 -LRB104 09366 BDA 19425 b SB1398 - 20 - LRB104 09366 BDA 19425 b
709	709	SB1398 - 20 - LRB104 09366 BDA 19425 b
710	710	1 the site in a calendar year.
711	711	2 The corporate authorities of the unit of local government
712	712	3 may use proceeds from the fee, tax, or surcharge to reimburse a
713	713	4 highway commissioner whose road district lies wholly or
714	714	5 partially within the corporate limits of the unit of local
715	715	6 government for expenses incurred in the removal of
716	716	7 nonhazardous, nonfluid municipal waste that has been dumped on
717	717	8 public property in violation of a State law or local
718	718	9 ordinance.
719	719	10 For the disposal of solid waste from general construction
720	720	11 or demolition debris recovery facilities as defined in
721	721	12 subsection (a-1) of Section 3.160, the total fee, tax, or
722	722	13 surcharge imposed by all units of local government under this
723	723	14 subsection (j) upon the solid waste disposal facility shall
724	724	15 not exceed 50% of the applicable amount set forth above. A unit
725	725	16 of local government, as defined in the Local Solid Waste
726	726	17 Disposal Act, in which a general construction or demolition
727	727	18 debris recovery facility is located may establish a fee, tax,
728	728	19 or surcharge on the general construction or demolition debris
729	729	20 recovery facility with regard to the permanent disposal of
730	730	21 solid waste by the general construction or demolition debris
731	731	22 recovery facility at a solid waste disposal facility, provided
732	732	23 that such fee, tax, or surcharge shall not exceed 50% of the
733	733	24 applicable amount set forth above, based on the total amount
734	734	25 of solid waste transported from the general construction or
735	735	26 demolition debris recovery facility for disposal at solid
736	736
737	737
738	738
739	739
740	740
741	741	SB1398 - 20 - LRB104 09366 BDA 19425 b
742	742
743	743
744	744	SB1398- 21 -LRB104 09366 BDA 19425 b SB1398 - 21 - LRB104 09366 BDA 19425 b
745	745	SB1398 - 21 - LRB104 09366 BDA 19425 b
746	746	1 waste disposal facilities, and the unit of local government
747	747	2 and fee shall be subject to all other requirements of this
748	748	3 subsection (j).
749	749	4 A county or Municipal Joint Action Agency that imposes a
750	750	5 fee, tax, or surcharge under this subsection may use the
751	751	6 proceeds thereof to reimburse a municipality that lies wholly
752	752	7 or partially within its boundaries for expenses incurred in
753	753	8 the removal of nonhazardous, nonfluid municipal waste that has
754	754	9 been dumped on public property in violation of a State law or
755	755	10 local ordinance.
756	756	11 If the fees are to be used to conduct a local sanitary
757	757	12 landfill inspection or enforcement program, the unit of local
758	758	13 government must enter into a written delegation agreement with
759	759	14 the Agency pursuant to subsection (r) of Section 4. The unit of
760	760	15 local government and the Agency shall enter into such a
761	761	16 written delegation agreement within 60 days after the
762	762	17 establishment of such fees. At least annually, the Agency
763	763	18 shall conduct an audit of the expenditures made by units of
764	764	19 local government from the funds granted by the Agency to the
765	765	20 units of local government for purposes of local sanitary
766	766	21 landfill inspection and enforcement programs, to ensure that
767	767	22 the funds have been expended for the prescribed purposes under
768	768	23 the grant.
769	769	24 The fees, taxes or surcharges collected under this
770	770	25 subsection (j) shall be placed by the unit of local government
771	771	26 in a separate fund, and the interest received on the moneys in
772	772
773	773
774	774
775	775
776	776
777	777	SB1398 - 21 - LRB104 09366 BDA 19425 b
778	778
779	779
780	780	SB1398- 22 -LRB104 09366 BDA 19425 b SB1398 - 22 - LRB104 09366 BDA 19425 b
781	781	SB1398 - 22 - LRB104 09366 BDA 19425 b
782	782	1 the fund shall be credited to the fund. The monies in the fund
783	783	2 may be accumulated over a period of years to be expended in
784	784	3 accordance with this subsection.
785	785	4 A unit of local government, as defined in the Local Solid
786	786	5 Waste Disposal Act, shall prepare and post on its website, in
787	787	6 April of each year, a report that details spending plans for
788	788	7 monies collected in accordance with this subsection. The
789	789	8 report will at a minimum include the following:
790	790	9 (1) The total monies collected pursuant to this
791	791	10 subsection.
792	792	11 (2) The most current balance of monies collected
793	793	12 pursuant to this subsection.
794	794	13 (3) An itemized accounting of all monies expended for
795	795	14 the previous year pursuant to this subsection.
796	796	15 (4) An estimation of monies to be collected for the
797	797	16 following 3 years pursuant to this subsection.
798	798	17 (5) A narrative detailing the general direction and
799	799	18 scope of future expenditures for one, 2 and 3 years.
800	800	19 The exemptions granted under Sections 22.16 and 22.16a,
801	801	20 and under subsection (k) of this Section, shall be applicable
802	802	21 to any fee, tax or surcharge imposed under this subsection
803	803	22 (j); except that the fee, tax or surcharge authorized to be
804	804	23 imposed under this subsection (j) may be made applicable by a
805	805	24 unit of local government to the permanent disposal of solid
806	806	25 waste after December 31, 1986, under any contract lawfully
807	807	26 executed before June 1, 1986 under which more than 150,000
808	808
809	809
810	810
811	811
812	812
813	813	SB1398 - 22 - LRB104 09366 BDA 19425 b
814	814
815	815
816	816	SB1398- 23 -LRB104 09366 BDA 19425 b SB1398 - 23 - LRB104 09366 BDA 19425 b
817	817	SB1398 - 23 - LRB104 09366 BDA 19425 b
818	818	1 cubic yards (or 50,000 tons) of solid waste is to be
819	819	2 permanently disposed of, even though the waste is exempt from
820	820	3 the fee imposed by the State under subsection (b) of this
821	821	4 Section pursuant to an exemption granted under Section 22.16.
822	822	5 (k) In accordance with the findings and purposes of the
823	823	6 Illinois Solid Waste Management Act, beginning January 1, 1989
824	824	7 the fee under subsection (b) and the fee, tax or surcharge
825	825	8 under subsection (j) shall not apply to:
826	826	9 (1) waste which is hazardous waste;
827	827	10 (2) waste which is pollution control waste;
828	828	11 (3) waste from recycling, reclamation or reuse
829	829	12 processes which have been approved by the Agency as being
830	830	13 designed to remove any contaminant from wastes so as to
831	831	14 render such wastes reusable, provided that the process
832	832	15 renders at least 50% of the waste reusable; the exemption
833	833	16 set forth in this paragraph (3) of this subsection (k)
834	834	17 shall not apply to general construction or demolition
835	835	18 debris recovery facilities as defined in subsection (a-1)
836	836	19 of Section 3.160;
837	837	20 (4) non-hazardous solid waste that is received at a
838	838	21 sanitary landfill and composted or recycled through a
839	839	22 process permitted by the Agency; or
840	840	23 (5) any landfill which is permitted by the Agency to
841	841	24 receive only demolition or construction debris or
842	842	25 landscape waste.
843	843	26 (l) On October 1 in calendar years 2026 through 2038, the
844	844
845	845
846	846
847	847
848	848
849	849	SB1398 - 23 - LRB104 09366 BDA 19425 b
850	850
851	851
852	852	SB1398- 24 -LRB104 09366 BDA 19425 b SB1398 - 24 - LRB104 09366 BDA 19425 b
853	853	SB1398 - 24 - LRB104 09366 BDA 19425 b
854	854	1 Comptroller shall order transferred, and the Treasurer shall
855	855	2 transfer, from the amounts appropriated to the Agency for
856	856	3 solid waste management activities in the then-current fiscal
857	857	4 year, and into a separate account within the Solid Waste
858	858	5 Management Fund, the amounts described in this subsection for
859	859	6 use by the Prairie Research Institute of the University of
860	860	7 Illinois to cover the costs of implementing Section 11 of the
861	861	8 Illinois Solid Waste Management Act. The amount to be
862	862	9 transferred under this subsection (l) on October 1, 2026 is
863	863	10 $125,000. On October 1, 2027, and each October 1 thereafter,
864	864	11 through October 1, 2038, the amount to be transferred under
865	865	12 this subsection (l) shall be increased from the base amount
866	866	13 transferred on October 1, 2026, by an additional 4% per year,
867	867	14 including all increases in prior years. As used in this
868	868	15 subsection (l), "costs of implementing Section 11 of the
869	869	16 Illinois Solid Waste Management Act" include, but are not
870	870	17 limited to, the costs of providing information to the Agency
871	871	18 to assist the Agency in identifying persons who must comply
872	872	19 with Section 11 of the Illinois Solid Waste Management Act and
873	873	20 the dates by which they must comply; the costs of maintaining a
874	874	21 database of the physical location and capacity of permitted
875	875	22 compost facilities and anaerobic digesters in the State; the
876	876	23 costs of developing and distributing guidance materials for
877	877	24 the generators of food scrap, the haulers of food scrap, and
878	878	25 the compost facilities and anaerobic digesters that accept
879	879	26 food scraps for the purpose of complying with that Section;
880	880
881	881
882	882
883	883
884	884
885	885	SB1398 - 24 - LRB104 09366 BDA 19425 b
886	886
887	887
888	888	SB1398- 25 -LRB104 09366 BDA 19425 b SB1398 - 25 - LRB104 09366 BDA 19425 b
889	889	SB1398 - 25 - LRB104 09366 BDA 19425 b
890	890	1 and the costs of developing and maintaining a website to host
891	891	2 the information required by this subsection.
892	892	3 (Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21;
893	893	4 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff.
894	894	5 5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154,
895	895	6 eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23;
896	896	7 103-588, eff. 6-5-24; 103-605, eff. 7-1-24.)
897	897	8 (415 ILCS 5/22.22) (from Ch. 111 1/2, par. 1022.22)
898	898	9 Sec. 22.22. Landscape waste.
899	899	10 (a) Beginning July 1, 1990, no person may knowingly mix
900	900	11 landscape waste that is intended for collection or for
901	901	12 disposal at a landfill with any other municipal waste.
902	902	13 (b) Beginning July 1, 1990, no person may knowingly put
903	903	14 landscape waste into a container intended for collection or
904	904	15 disposal at a landfill, unless such container is
905	905	16 biodegradable.
906	906	17 (c) Beginning July 1, 1990, no owner or operator of a
907	907	18 sanitary landfill shall accept landscape waste for final
908	908	19 disposal, except that landscape waste separated from municipal
909	909	20 waste may be accepted by a sanitary landfill if (1) the
910	910	21 landfill provides and maintains for that purpose separate
911	911	22 landscape waste composting facilities and composts all
912	912	23 landscape waste, and (2) the composted waste is utilized, by
913	913	24 the operators of the landfill or by any other person, as part
914	914	25 of the final vegetative cover for the landfill or for such
915	915
916	916
917	917
918	918
919	919
920	920	SB1398 - 25 - LRB104 09366 BDA 19425 b
921	921
922	922
923	923	SB1398- 26 -LRB104 09366 BDA 19425 b SB1398 - 26 - LRB104 09366 BDA 19425 b
924	924	SB1398 - 26 - LRB104 09366 BDA 19425 b
925	925	1 other uses as soil conditioning material, or the landfill has
926	926	2 received an Agency permit to use source separated and
927	927	3 processed landscape waste as an alternative daily cover and
928	928	4 the landscape waste is processed at a site, other than the
929	929	5 sanitary landfill, that has received an Agency permit before
930	930	6 July 30, 1997 to process landscape waste. For purposes of this
931	931	7 Section, (i) "source separated" means divided into its
932	932	8 component parts at the point of generation and collected
933	933	9 separately from other solid waste and (ii) "processed" means
934	934	10 shredded by mechanical means to reduce the landscape waste to
935	935	11 a uniform consistency.
936	936	12 (d) The requirements of this Section shall not apply (i)
937	937	13 to landscape waste collected as part of a municipal street
938	938	14 sweeping operation where the intent is to provide street
939	939	15 sweeping service rather than leaf collection, nor (ii) to
940	940	16 landscape waste collected by bar screens or grates in a sewage
941	941	17 treatment system.
942	942	18 (e) The requirements of this Section shall not apply to
943	943	19 the mixing or commingling of food scrap and landscape waste if
944	944	20 the commingled waste will be directed to a location where it is
945	945	21 managed in a manner that is consistent with the food and food
946	946	22 scrap management hierarchy described in subsection (a) of
947	947	23 Section 11 of the Illinois Solid Waste Management Act.
948	948	24 (Source: P.A. 92-574, eff. 6-26-02.)
949	949	25 Section 10. The Solid Waste Planning and Recycling Act is
950	950
951	951
952	952
953	953
954	954
955	955	SB1398 - 26 - LRB104 09366 BDA 19425 b
956	956
957	957
958	958	SB1398- 27 -LRB104 09366 BDA 19425 b SB1398 - 27 - LRB104 09366 BDA 19425 b
959	959	SB1398 - 27 - LRB104 09366 BDA 19425 b
960	960	1 amended by changing Section 6 as follows:
961	961	2 (415 ILCS 15/6) (from Ch. 85, par. 5956)
962	962	3 Sec. 6. Each county waste management plan adopted under
963	963	4 Section 4 shall include a recycling program, and that . Such
964	964	5 recycling program:
965	965	6 (1) shall be implemented throughout the county and include
966	966	7 a time schedule for implementation of the program; .
967	967	8 (2) shall provide for the designation of a recycling
968	968	9 coordinator to administer the program; .
969	969	10 (3) shall be designed to recycle, by the end of the third
970	970	11 and fifth years of the program, respectively 15% and 25% of the
971	971	12 municipal waste generated in the county, subject to the
972	972	13 existence of a viable market for the recycled material, based
973	973	14 on measurements of recycling and waste generated in terms of
974	974	15 weight; the . The determination of recycling rate shall not
975	975	16 include: discarded motor vehicles, wastes used for clean fill
976	976	17 or erosion control, or commercial, institutional or industrial
977	977	18 machinery or equipment; .
978	978	19 (4) may provide for the construction and operation of one
979	979	20 or more recycling centers by a unit of local government, or for
980	980	21 contracting with other public or private entities for the
981	981	22 operation of recycling centers; .
982	982	23 (5) may require residents of the county to separate
983	983	24 recyclable materials at the time of disposal or trash pick-up;
984	984	25 .
985	985
986	986
987	987
988	988
989	989
990	990	SB1398 - 27 - LRB104 09366 BDA 19425 b
991	991
992	992
993	993	SB1398- 28 -LRB104 09366 BDA 19425 b SB1398 - 28 - LRB104 09366 BDA 19425 b
994	994	SB1398 - 28 - LRB104 09366 BDA 19425 b
995	995	1 (6) may make special provision for commercial and
996	996	2 institutional establishments that implement their own
997	997	3 specialized recycling programs, provided that such
998	998	4 establishments annually provide written documentation to the
999	999	5 county of the total number of tons of material recycled; .
1000	1000	6 (7) shall provide for separate collection and composting
1001	1001	7 of leaves; .
1002	1002	8 (8) shall include public education and notification
1003	1003	9 programs to foster understanding of and encourage compliance
1004	1004	10 with the recycling program; .
1005	1005	11 (9) shall include provisions for compliance, including
1006	1006	12 incentives and penalties; .
1007	1007	13 (10) shall include provisions for (i) recycling the
1008	1008	14 collected materials, (ii) identifying potential markets for at
1009	1009	15 least 3 recyclable materials, and (iii) promoting the use of
1010	1010	16 products made from recovered or recycled materials among
1011	1011	17 businesses, newspapers and local governments in the county; .
1012	1012	18 (11) may provide for the payment of recycling diversion
1013	1013	19 credits to public and private parties engaged in recycling
1014	1014	20 activities; .
1015	1015	21 (12) shall provide a listing of all food scrap collection
1016	1016	22 programs operating in the county on the date of the plan's
1017	1017	23 5-year update, including residential and non-residential
1018	1018	24 programs and the amount of food scrap diverted from
1019	1019	25 landfilling and where that food scrap is taken to be managed;
1020	1020	26 (13) may require that residential or non-residential
1021	1021
1022	1022
1023	1023
1024	1024
1025	1025
1026	1026	SB1398 - 28 - LRB104 09366 BDA 19425 b
1027	1027
1028	1028
1029	1029	SB1398- 29 -LRB104 09366 BDA 19425 b SB1398 - 29 - LRB104 09366 BDA 19425 b
1030	1030	SB1398 - 29 - LRB104 09366 BDA 19425 b
1031	1031	1 sources separate food scraps from municipal waste at the time
1032	1032	2 of disposal or trash pick-up; and
1033	1033	3 (14) shall evaluate markets for finished compost,
1034	1034	4 encourage its use by units of local government in the county,
1035	1035	5 and track and report its use, by weight or volume, in the
1036	1036	6 plan's 5-year update.
1037	1037	7 (Source: P.A. 86-777; 87-650.)
1038	1038	8 Section 15. The Illinois Solid Waste Management Act is
1039	1039	9 amended by adding Section 11 as follows:
1040	1040	10 (415 ILCS 20/11 new)
1041	1041	11 Sec. 11. Food and food scrap management hierarchy;
1042	1042	12 diversion from landfill.
1043	1043	13 (a) Notwithstanding subsection (b) of Section 2, it is the
1044	1044	14 policy of the State for food and food scrap collected under
1045	1045	15 this Section to be managed according to the following food and
1046	1046	16 food scrap management hierarchy, which identifies the State's
1047	1047	17 priorities for the management of food and food scrap in the
1048	1048	18 State:
1049	1049	19 (1) The first priority is preventing or reducing the
1050	1050	20 amount of food and food scrap waste that is discarded or
1051	1051	21 disposed of in the State.
1052	1052	22 (2) The second priority is collecting and diverting
1053	1053	23 from the waste stream before it is discarded or disposed
1054	1054	24 of food that is safe for consumption by humans.
1055	1055
1056	1056
1057	1057
1058	1058
1059	1059
1060	1060	SB1398 - 29 - LRB104 09366 BDA 19425 b
1061	1061
1062	1062
1063	1063	SB1398- 30 -LRB104 09366 BDA 19425 b SB1398 - 30 - LRB104 09366 BDA 19425 b
1064	1064	SB1398 - 30 - LRB104 09366 BDA 19425 b
1065	1065	1 (3) The third priority is collecting and diverting
1066	1066	2 from the waste stream before they are discarded or
1067	1067	3 disposed of food and food scrap that is safe for
1068	1068	4 consumption by animals.
1069	1069	5 (4) The fourth priority is collecting and managing
1070	1070	6 discarded food and food scrap through composting and
1071	1071	7 anaerobic digestion.
1072	1072	8 (b) Except as otherwise provided in this Section, a person
1073	1073	9 that generates more than the applicable regulatory threshold
1074	1074	10 of food and food scrap and that is located within 20 miles,
1075	1075	11 prior to July 1, 2035, or 25 miles, on and after July 1, 2035,
1076	1076	12 of an Agency-permitted composting facility or anaerobic
1077	1077	13 digester that accepts food scrap and that has the permitted
1078	1078	14 capacity to accept food scrap shall:
1079	1079	15 (1) separate food and food scrap from other solid
1080	1080	16 waste;
1081	1081	17 (2) ensure the food or food scrap is not contaminated
1082	1082	18 so it is acceptable for use in accordance with subsection
1083	1083	19 (a);
1084	1084	20 (3) either (i) arrange for the transfer of food or
1085	1085	21 food scrap to a location that manages food and food scrap
1086	1086	22 in a manner consistent with the priority uses established
1087	1087	23 in subsection (a) or (ii) manage the food and food scrap on
1088	1088	24 site in accordance with other applicable State and local
1089	1089	25 laws and rules;
1090	1090	26 (4) not directly dispose of any more than an
1091	1091
1092	1092
1093	1093
1094	1094
1095	1095
1096	1096	SB1398 - 30 - LRB104 09366 BDA 19425 b
1097	1097
1098	1098
1099	1099	SB1398- 31 -LRB104 09366 BDA 19425 b SB1398 - 31 - LRB104 09366 BDA 19425 b
1100	1100	SB1398 - 31 - LRB104 09366 BDA 19425 b
1101	1101	1 incidental amount of food scrap through the sewer system;
1102	1102	2 (5) for non-residential establishments, post in an
1103	1103	3 area where they are visible to the employees and
1104	1104	4 subcontractors managing food and food scrap instructions
1105	1105	5 on the separation requirements for food and food scraps
1106	1106	6 and the requirement for food and food scrap to be source
1107	1107	7 separated according to its end use as described in
1108	1108	8 subsection (a); and
1109	1109	9 (6) for non-residential establishments, provide, on at
1110	1110	10 least an annual basis, training opportunities for all
1111	1111	11 employees and subcontractors managing food and food scrap
1112	1112	12 and maintain, for a period of 3 years, proof of that
1113	1113	13 training being conducted.
1114	1114	14 (c) The following persons are exempt from the requirements
1115	1115	15 of subsection (b):
1116	1116	16 (1) Beginning July 1, 2036, a municipality that has a
1117	1117	17 population of 1,500 or fewer residents as of the most
1118	1118	18 recent federal decennial census and that generates 5 or
1119	1119	19 fewer tons per year of food and food scrap is exempt from
1120	1120	20 subsection (b) if any requirements in subsection (d) or
1121	1121	21 (e) that apply to the municipality have been met.
1122	1122	22 (2) Beginning July 1, 2036, a county that has a
1123	1123	23 population of 20,000 or fewer residents as of the most
1124	1124	24 recent federal decennial census and that generates 5 or
1125	1125	25 fewer tons per year of food and food scrap is exempt from
1126	1126	26 subsection (b) if any requirements in subsection (d) or
1127	1127
1128	1128
1129	1129
1130	1130
1131	1131
1132	1132	SB1398 - 31 - LRB104 09366 BDA 19425 b
1133	1133
1134	1134
1135	1135	SB1398- 32 -LRB104 09366 BDA 19425 b SB1398 - 32 - LRB104 09366 BDA 19425 b
1136	1136	SB1398 - 32 - LRB104 09366 BDA 19425 b
1137	1137	1 (e) that apply to the county have been met. The exemption
1138	1138	2 in this paragraph (2) does not apply to a municipality
1139	1139	3 that has a population of more than 1,500 residents and
1140	1140	4 that is located within a county that is exempt from
1141	1141	5 subsection (b) under this paragraph (2).
1142	1142	6 (3) Beginning July 1, 2034, an individual who resides
1143	1143	7 in a location described in paragraph (1) or (2) of this
1144	1144	8 subsection is exempt from subsection (b).
1145	1145	9 (d) Beginning July 1, 2036, any municipality with a
1146	1146	10 population that is greater than or equal to 500 but less than
1147	1147	11 1,500 and any county with a population that is greater or equal
1148	1148	12 to than 10,000 but less than 20,000 shall provide at least one
1149	1149	13 drop-off location for food scrap collection if the
1150	1150	14 municipality or county is located within 25 miles of an
1151	1151	15 Agency-permitted compost facility or anaerobic digester that
1152	1152	16 accepts foods scrap and that has the permitted capacity to
1153	1153	17 accept food scraps.
1154	1154	18 (e) Beginning July 1, 2036, any municipality with a
1155	1155	19 population that is less than 500 residents and any county with
1156	1156	20 a population that is less than 10,000 residents shall educate
1157	1157	21 its residents on an annual basis on proper composting of food
1158	1158	22 scrap on site using information provided by the Agency.
1159	1159	23 (f) No later than one year after the effective date of this
1160	1160	24 amendatory Act of the 104th General Assembly, the Agency shall
1161	1161	25 propose rules to the Board, and no later than one year after
1162	1162	26 receipt of the Agency's proposal, the Board shall adopt rules
1163	1163
1164	1164
1165	1165
1166	1166
1167	1167
1168	1168	SB1398 - 32 - LRB104 09366 BDA 19425 b
1169	1169
1170	1170
1171	1171	SB1398- 33 -LRB104 09366 BDA 19425 b SB1398 - 33 - LRB104 09366 BDA 19425 b
1172	1172	SB1398 - 33 - LRB104 09366 BDA 19425 b
1173	1173	1 necessary to implement this Section, including rules to
1174	1174	2 provide (1) a methodology and procedure for determining which
1175	1175	3 persons are required to comply with subsection (b) of this
1176	1176	4 Section, (2) reporting requirements necessary to enforce the
1177	1177	5 provisions of this Section, and (3) clarifications needed to
1178	1178	6 assist the Agency in implementing the requirements of this
1179	1179	7 Section.
1180	1180	8 (g) A person who violates any provision of this Section
1181	1181	9 shall receive a warning for the first violation and shall be
1182	1182	10 provided an opportunity to comply with this Section. A person
1183	1183	11 who violates any provision of this Section a second or
1184	1184	12 subsequent time shall be liable for a civil penalty of $10,000
1185	1185	13 per violation for any subsequent violations of this Section,
1186	1186	14 except that the failure to pay a civil penalty under this
1187	1187	15 Section shall cause the person who fails to pay the civil
1188	1188	16 penalty to be liable instead for a civil penalty of $20,000 per
1189	1189	17 violation for subsequent violations after failure to pay the
1190	1190	18 civil penalty.
1191	1191	19 The penalties provided in this Section may be recovered in
1192	1192	20 a civil action brought in the name of the People of the State
1193	1193	21 of Illinois by the State's Attorney of the county in which the
1194	1194	22 violation occurred or by the Attorney General. Any penalties
1195	1195	23 collected under this Section in an action in which the
1196	1196	24 Attorney General has prevailed shall be deposited into the
1197	1197	25 Environmental Protection Trust Fund, to be used in accordance
1198	1198	26 with the provisions of the Environmental Protection Trust Fund
1199	1199
1200	1200
1201	1201
1202	1202
1203	1203
1204	1204	SB1398 - 33 - LRB104 09366 BDA 19425 b
1205	1205
1206	1206
1207	1207	SB1398- 34 -LRB104 09366 BDA 19425 b SB1398 - 34 - LRB104 09366 BDA 19425 b
1208	1208	SB1398 - 34 - LRB104 09366 BDA 19425 b
1209	1209	1 Act.
1210	1210	2 (h) The Attorney General or the State's Attorney of a
1211	1211	3 county in which a violation occurs may institute a civil
1212	1212	4 action for an injunction, prohibitory or mandatory, to
1213	1213	5 restrain violations under this Section or to require such
1214	1214	6 actions as may be necessary to address violations of this
1215	1215	7 Section. The penalties and injunctions provided in this
1216	1216	8 Section are in addition to any penalties, injunctions, or
1217	1217	9 other relief provided under any other State law. Nothing in
1218	1218	10 this Section bars a cause of action by the State for any other
1219	1219	11 penalty, injunction, or other relief provided by any other
1220	1220	12 law.
1221	1221	13 (i) Any person who knowingly makes a false, fictitious, or
1222	1222	14 fraudulent material statement, orally or in writing, to the
1223	1223	15 Agency, related to or required by this Section or any rule
1224	1224	16 adopted pursuant to this Section commits a Class 4 felony, and
1225	1225	17 each such statement or writing shall be considered a separate
1226	1226	18 Class 4 felony. A person who, after being convicted under this
1227	1227	19 subsection, violates this subsection a second time or
1228	1228	20 subsequent time commits a Class 3 felony.
1229	1229	21 (j) Any county with a delegation agreement with the Agency
1230	1230	22 pursuant to subsection (r) of Section 4 of the Illinois
1231	1231	23 Environmental Protection Act may enforce the provisions of
1232	1232	24 this Section.
1233	1233	25 (k) As used in this Section:
1234	1234	26 "Applicable regulatory threshold" means (i) beginning July
1235	1235
1236	1236
1237	1237
1238	1238
1239	1239
1240	1240	SB1398 - 34 - LRB104 09366 BDA 19425 b
1241	1241
1242	1242
1243	1243	SB1398- 35 -LRB104 09366 BDA 19425 b SB1398 - 35 - LRB104 09366 BDA 19425 b
1244	1244	SB1398 - 35 - LRB104 09366 BDA 19425 b
1245	1245	1 1, 2028, more than 104 tones per year, (ii) beginning July 1,
1246	1246	2 2029, more than 52 tons per year, (iii) beginning July 1, 2030,
1247	1247	3 more than 26 tons per year, (iv) beginning July 1, 2031, more
1248	1248	4 than 18 tons per year, (v) beginning July 1, 2032, more than 10
1249	1249	5 tons per year, (vi) beginning July 1, 2033, more than 5 tons
1250	1250	6 per year, and (vii) beginning July 1, 2034, any amount per
1251	1251	7 year.
1252	1252	8 "Board" means the Pollution Control Board established
1253	1253	9 under the Environmental Protection Act.
1254	1254	10 Section 99. Effective date. This Act takes effect upon
1255	1255	11 becoming law.
1256	1256	SB1398- 36 -LRB104 09366 BDA 19425 b 1 INDEX 2 Statutes amended in order of appearance SB1398- 36 -LRB104 09366 BDA 19425 b SB1398 - 36 - LRB104 09366 BDA 19425 b 1 INDEX 2 Statutes amended in order of appearance
1257	1257	SB1398- 36 -LRB104 09366 BDA 19425 b SB1398 - 36 - LRB104 09366 BDA 19425 b
1258	1258	SB1398 - 36 - LRB104 09366 BDA 19425 b
1259	1259	1 INDEX
1260	1260	2 Statutes amended in order of appearance
1261	1261
1262	1262
1263	1263
1264	1264
1265	1265
1266	1266	SB1398 - 35 - LRB104 09366 BDA 19425 b
1267	1267
1268	1268
1269	1269
1270	1270	SB1398- 36 -LRB104 09366 BDA 19425 b SB1398 - 36 - LRB104 09366 BDA 19425 b
1271	1271	SB1398 - 36 - LRB104 09366 BDA 19425 b
1272	1272	1 INDEX
1273	1273	2 Statutes amended in order of appearance
1274	1274
1275	1275
1276	1276
1277	1277
1278	1278
1279	1279	SB1398 - 36 - LRB104 09366 BDA 19425 b