104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2195 Introduced 2/7/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 415 ILCS 5/3.309 new415 ILCS 5/21 from Ch. 111 1/2, par. 1021415 ILCS 5/22.34 Amends the Environmental Protection Act. Defines "organic waste". Provides that no person shall conduct an organic waste composting operation, other than a landscape waste composting operation, without an Agency permit. Exempts from this permitting requirement: (1) persons conducting an organic waste composting operation that (i) has no more than 25 cubic yards of source-separated organic waste, composting additives, composting material, or end-product compost on-site at any one time and (ii) is not engaging in commercial activity and (2) persons conducting an organic waste composting operation that meets certain siting and operational requirements. LRB104 10726 BDA 20805 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2195 Introduced 2/7/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 415 ILCS 5/3.309 new415 ILCS 5/21 from Ch. 111 1/2, par. 1021415 ILCS 5/22.34 415 ILCS 5/3.309 new 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 415 ILCS 5/22.34 Amends the Environmental Protection Act. Defines "organic waste". Provides that no person shall conduct an organic waste composting operation, other than a landscape waste composting operation, without an Agency permit. Exempts from this permitting requirement: (1) persons conducting an organic waste composting operation that (i) has no more than 25 cubic yards of source-separated organic waste, composting additives, composting material, or end-product compost on-site at any one time and (ii) is not engaging in commercial activity and (2) persons conducting an organic waste composting operation that meets certain siting and operational requirements. LRB104 10726 BDA 20805 b LRB104 10726 BDA 20805 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2195 Introduced 2/7/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
415 ILCS 5/3.309 new415 ILCS 5/21 from Ch. 111 1/2, par. 1021415 ILCS 5/22.34 415 ILCS 5/3.309 new 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 415 ILCS 5/22.34
415 ILCS 5/3.309 new
415 ILCS 5/21 from Ch. 111 1/2, par. 1021
415 ILCS 5/22.34
Amends the Environmental Protection Act. Defines "organic waste". Provides that no person shall conduct an organic waste composting operation, other than a landscape waste composting operation, without an Agency permit. Exempts from this permitting requirement: (1) persons conducting an organic waste composting operation that (i) has no more than 25 cubic yards of source-separated organic waste, composting additives, composting material, or end-product compost on-site at any one time and (ii) is not engaging in commercial activity and (2) persons conducting an organic waste composting operation that meets certain siting and operational requirements.
LRB104 10726 BDA 20805 b LRB104 10726 BDA 20805 b
LRB104 10726 BDA 20805 b
A BILL FOR
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SB2195 LRB104 10726 BDA 20805 b
1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5 changing Sections 21 and 22.34 and by adding Section 3.309 as
6 follows:
7 (415 ILCS 5/3.309 new)
8 Sec. 3.309. Organic waste. "Organic waste" means food
9 scrap, uncontaminated wood waste, livestock waste, crop
10 residue, paper waste, or other non-hazardous carbonaceous
11 waste, other than landscape waste, that is collected and
12 processed separately from the rest of the municipal waste
13 stream.
14 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
15 Sec. 21. Prohibited acts. No person shall:
16 (a) Cause or allow the open dumping of any waste.
17 (b) Abandon, dump, or deposit any waste upon the public
18 highways or other public property, except in a sanitary
19 landfill approved by the Agency pursuant to regulations
20 adopted by the Board.
21 (c) Abandon any vehicle in violation of the "Abandoned
22 Vehicles Amendment to the Illinois Vehicle Code", as enacted
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2195 Introduced 2/7/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
415 ILCS 5/3.309 new415 ILCS 5/21 from Ch. 111 1/2, par. 1021415 ILCS 5/22.34 415 ILCS 5/3.309 new 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 415 ILCS 5/22.34
415 ILCS 5/3.309 new
415 ILCS 5/21 from Ch. 111 1/2, par. 1021
415 ILCS 5/22.34
Amends the Environmental Protection Act. Defines "organic waste". Provides that no person shall conduct an organic waste composting operation, other than a landscape waste composting operation, without an Agency permit. Exempts from this permitting requirement: (1) persons conducting an organic waste composting operation that (i) has no more than 25 cubic yards of source-separated organic waste, composting additives, composting material, or end-product compost on-site at any one time and (ii) is not engaging in commercial activity and (2) persons conducting an organic waste composting operation that meets certain siting and operational requirements.
LRB104 10726 BDA 20805 b LRB104 10726 BDA 20805 b
LRB104 10726 BDA 20805 b
A BILL FOR
415 ILCS 5/3.309 new
415 ILCS 5/21 from Ch. 111 1/2, par. 1021
415 ILCS 5/22.34
LRB104 10726 BDA 20805 b
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1 by the 76th General Assembly.
2 (d) Conduct any waste-storage, waste-treatment, or
3 waste-disposal operation:
4 (1) without a permit granted by the Agency or in
5 violation of any conditions imposed by such permit,
6 including periodic reports and full access to adequate
7 records and the inspection of facilities, as may be
8 necessary to assure compliance with this Act and with
9 regulations and standards adopted thereunder; provided,
10 however, that, except for municipal solid waste landfill
11 units that receive waste on or after October 9, 1993, and
12 CCR surface impoundments, no permit shall be required for
13 (i) any person conducting a waste-storage,
14 waste-treatment, or waste-disposal operation for wastes
15 generated by such person's own activities which are
16 stored, treated, or disposed within the site where such
17 wastes are generated, (ii) until one year after the
18 effective date of rules adopted by the Board under
19 subsection (n) of Section 22.38, a facility located in a
20 county with a population over 700,000 as of January 1,
21 2000, operated and located in accordance with Section
22 22.38 of this Act, and used exclusively for the transfer,
23 storage, or treatment of general construction or
24 demolition debris, provided that the facility was
25 receiving construction or demolition debris on August 24,
26 2009 (the effective date of Public Act 96-611), or (iii)
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1 any person conducting a waste transfer, storage,
2 treatment, or disposal operation, including, but not
3 limited to, a waste transfer or waste composting
4 operation, under a mass animal mortality event plan
5 created by the Department of Agriculture;
6 (2) in violation of any regulations or standards
7 adopted by the Board under this Act;
8 (3) which receives waste after August 31, 1988, does
9 not have a permit issued by the Agency, and is (i) a
10 landfill used exclusively for the disposal of waste
11 generated at the site, (ii) a surface impoundment
12 receiving special waste not listed in an NPDES permit,
13 (iii) a waste pile in which the total volume of waste is
14 greater than 100 cubic yards or the waste is stored for
15 over one year, or (iv) a land treatment facility receiving
16 special waste generated at the site; without giving notice
17 of the operation to the Agency by January 1, 1989, or 30
18 days after the date on which the operation commences,
19 whichever is later, and every 3 years thereafter. The form
20 for such notification shall be specified by the Agency,
21 and shall be limited to information regarding: the name
22 and address of the location of the operation; the type of
23 operation; the types and amounts of waste stored, treated
24 or disposed of on an annual basis; the remaining capacity
25 of the operation; and the remaining expected life of the
26 operation.
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1 Item (3) of this subsection (d) shall not apply to any
2 person engaged in agricultural activity who is disposing of a
3 substance that constitutes solid waste, if the substance was
4 acquired for use by that person on his own property, and the
5 substance is disposed of on his own property in accordance
6 with regulations or standards adopted by the Board.
7 This subsection (d) shall not apply to hazardous waste.
8 (e) Dispose, treat, store or abandon any waste, or
9 transport any waste into this State for disposal, treatment,
10 storage or abandonment, except at a site or facility which
11 meets the requirements of this Act and of regulations and
12 standards thereunder.
13 (f) Conduct any hazardous waste-storage, hazardous
14 waste-treatment or hazardous waste-disposal operation:
15 (1) without a RCRA permit for the site issued by the
16 Agency under subsection (d) of Section 39 of this Act, or
17 in violation of any condition imposed by such permit,
18 including periodic reports and full access to adequate
19 records and the inspection of facilities, as may be
20 necessary to assure compliance with this Act and with
21 regulations and standards adopted thereunder; or
22 (2) in violation of any regulations or standards
23 adopted by the Board under this Act; or
24 (3) in violation of any RCRA permit filing requirement
25 established under standards adopted by the Board under
26 this Act; or
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1 (4) in violation of any order adopted by the Board
2 under this Act.
3 Notwithstanding the above, no RCRA permit shall be
4 required under this subsection or subsection (d) of Section 39
5 of this Act for any person engaged in agricultural activity
6 who is disposing of a substance which has been identified as a
7 hazardous waste, and which has been designated by Board
8 regulations as being subject to this exception, if the
9 substance was acquired for use by that person on his own
10 property and the substance is disposed of on his own property
11 in accordance with regulations or standards adopted by the
12 Board.
13 (g) Conduct any hazardous waste-transportation operation:
14 (1) without registering with and obtaining a special
15 waste hauling permit from the Agency in accordance with
16 the regulations adopted by the Board under this Act; or
17 (2) in violation of any regulations or standards
18 adopted by the Board under this Act.
19 (h) Conduct any hazardous waste-recycling or hazardous
20 waste-reclamation or hazardous waste-reuse operation in
21 violation of any regulations, standards or permit requirements
22 adopted by the Board under this Act.
23 (i) Conduct any process or engage in any act which
24 produces hazardous waste in violation of any regulations or
25 standards adopted by the Board under subsections (a) and (c)
26 of Section 22.4 of this Act.
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1 (j) Conduct any special waste-transportation operation in
2 violation of any regulations, standards or permit requirements
3 adopted by the Board under this Act. However, sludge from a
4 water or sewage treatment plant owned and operated by a unit of
5 local government which (1) is subject to a sludge management
6 plan approved by the Agency or a permit granted by the Agency,
7 and (2) has been tested and determined not to be a hazardous
8 waste as required by applicable State and federal laws and
9 regulations, may be transported in this State without a
10 special waste hauling permit, and the preparation and carrying
11 of a manifest shall not be required for such sludge under the
12 rules of the Pollution Control Board. The unit of local
13 government which operates the treatment plant producing such
14 sludge shall file an annual report with the Agency identifying
15 the volume of such sludge transported during the reporting
16 period, the hauler of the sludge, and the disposal sites to
17 which it was transported. This subsection (j) shall not apply
18 to hazardous waste.
19 (k) Fail or refuse to pay any fee imposed under this Act.
20 (l) Locate a hazardous waste disposal site above an active
21 or inactive shaft or tunneled mine or within 2 miles of an
22 active fault in the earth's crust. In counties of population
23 less than 225,000 no hazardous waste disposal site shall be
24 located (1) within 1 1/2 miles of the corporate limits as
25 defined on June 30, 1978, of any municipality without the
26 approval of the governing body of the municipality in an
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1 official action; or (2) within 1000 feet of an existing
2 private well or the existing source of a public water supply
3 measured from the boundary of the actual active permitted site
4 and excluding existing private wells on the property of the
5 permit applicant. The provisions of this subsection do not
6 apply to publicly owned sewage works or the disposal or
7 utilization of sludge from publicly owned sewage works.
8 (m) Transfer interest in any land which has been used as a
9 hazardous waste disposal site without written notification to
10 the Agency of the transfer and to the transferee of the
11 conditions imposed by the Agency upon its use under subsection
12 (g) of Section 39.
13 (n) Use any land which has been used as a hazardous waste
14 disposal site except in compliance with conditions imposed by
15 the Agency under subsection (g) of Section 39.
16 (o) Conduct a sanitary landfill operation which is
17 required to have a permit under subsection (d) of this
18 Section, in a manner which results in any of the following
19 conditions:
20 (1) refuse in standing or flowing waters;
21 (2) leachate flows entering waters of the State;
22 (3) leachate flows exiting the landfill confines (as
23 determined by the boundaries established for the landfill
24 by a permit issued by the Agency);
25 (4) open burning of refuse in violation of Section 9
26 of this Act;
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1 (5) uncovered refuse remaining from any previous
2 operating day or at the conclusion of any operating day,
3 unless authorized by permit;
4 (6) failure to provide final cover within time limits
5 established by Board regulations;
6 (7) acceptance of wastes without necessary permits;
7 (8) scavenging as defined by Board regulations;
8 (9) deposition of refuse in any unpermitted portion of
9 the landfill;
10 (10) acceptance of a special waste without a required
11 manifest;
12 (11) failure to submit reports required by permits or
13 Board regulations;
14 (12) failure to collect and contain litter from the
15 site by the end of each operating day;
16 (13) failure to submit any cost estimate for the site
17 or any performance bond or other security for the site as
18 required by this Act or Board rules.
19 The prohibitions specified in this subsection (o) shall be
20 enforceable by the Agency either by administrative citation
21 under Section 31.1 of this Act or as otherwise provided by this
22 Act. The specific prohibitions in this subsection do not limit
23 the power of the Board to establish regulations or standards
24 applicable to sanitary landfills.
25 (p) In violation of subdivision (a) of this Section, cause
26 or allow the open dumping of any waste in a manner which
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1 results in any of the following occurrences at the dump site:
2 (1) litter;
3 (2) scavenging;
4 (3) open burning;
5 (4) deposition of waste in standing or flowing waters;
6 (5) proliferation of disease vectors;
7 (6) standing or flowing liquid discharge from the dump
8 site;
9 (7) deposition of:
10 (i) general construction or demolition debris as
11 defined in Section 3.160(a) of this Act; or
12 (ii) clean construction or demolition debris as
13 defined in Section 3.160(b) of this Act.
14 The prohibitions specified in this subsection (p) shall be
15 enforceable by the Agency either by administrative citation
16 under Section 31.1 of this Act or as otherwise provided by this
17 Act. The specific prohibitions in this subsection do not limit
18 the power of the Board to establish regulations or standards
19 applicable to open dumping.
20 (q) Conduct a landscape waste composting operation without
21 an Agency permit, provided, however, that no permit shall be
22 required for any person:
23 (1) conducting a landscape waste composting operation
24 for landscape wastes generated by such person's own
25 activities which are stored, treated, or disposed of
26 within the site where such wastes are generated; or
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1 (1.5) conducting a landscape waste composting
2 operation that (i) has no more than 25 cubic yards of
3 landscape waste, composting additives, composting
4 material, or end-product compost on-site at any one time
5 and (ii) is not engaging in commercial activity; or
6 (2) applying landscape waste or composted landscape
7 waste at agronomic rates; or
8 (2.5) operating a landscape waste composting facility
9 at a site having 10 or more occupied non-farm residences
10 within 1/2 mile of its boundaries, if the facility meets
11 all of the following criteria:
12 (A) the composting facility is operated by the
13 farmer on property on which the composting material is
14 utilized, and the composting facility constitutes no
15 more than 2% of the site's total acreage;
16 (A-5) any composting additives that the composting
17 facility accepts and uses at the facility are
18 necessary to provide proper conditions for composting
19 and do not exceed 10% of the total composting material
20 at the facility at any one time;
21 (B) the property on which the composting facility
22 is located, and any associated property on which the
23 compost is used, is principally and diligently devoted
24 to the production of agricultural crops and is not
25 owned, leased, or otherwise controlled by any waste
26 hauler or generator of nonagricultural compost
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1 materials, and the operator of the composting facility
2 is not an employee, partner, shareholder, or in any
3 way connected with or controlled by any such waste
4 hauler or generator;
5 (C) all compost generated by the composting
6 facility, except incidental sales of finished compost,
7 is applied at agronomic rates and used as mulch,
8 fertilizer, or soil conditioner on land actually
9 farmed by the person operating the composting
10 facility, and the finished compost is not stored at
11 the composting site for a period longer than 18 months
12 prior to its application as mulch, fertilizer, or soil
13 conditioner;
14 (D) no fee is charged for the acceptance of
15 materials to be composted at the facility; and
16 (E) the owner or operator, by January 1, 2014 (or
17 the January 1 following commencement of operation,
18 whichever is later) and January 1 of each year
19 thereafter, registers the site with the Agency, (ii)
20 reports to the Agency on the volume of composting
21 material received and used at the site; (iii)
22 certifies to the Agency that the site complies with
23 the requirements set forth in subparagraphs (A),
24 (A-5), (B), (C), and (D) of this paragraph (2.5); and
25 (iv) certifies to the Agency that all composting
26 material was placed more than 200 feet from the
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1 nearest potable water supply well, was placed outside
2 the boundary of the 10-year floodplain or on a part of
3 the site that is floodproofed, was placed at least 1/4
4 mile from the nearest residence (other than a
5 residence located on the same property as the
6 facility) or a lesser distance from the nearest
7 residence (other than a residence located on the same
8 property as the facility) if the municipality in which
9 the facility is located has by ordinance approved a
10 lesser distance than 1/4 mile, and was placed more
11 than 5 feet above the water table; any ordinance
12 approving a residential setback of less than 1/4 mile
13 that is used to meet the requirements of this
14 subparagraph (E) of paragraph (2.5) of this subsection
15 must specifically reference this paragraph; or
16 (3) operating a landscape waste composting facility on
17 a farm, if the facility meets all of the following
18 criteria:
19 (A) the composting facility is operated by the
20 farmer on property on which the composting material is
21 utilized, and the composting facility constitutes no
22 more than 2% of the property's total acreage, except
23 that the Board may allow a higher percentage for
24 individual sites where the owner or operator has
25 demonstrated to the Board that the site's soil
26 characteristics or crop needs require a higher rate;
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1 (A-1) the composting facility accepts from other
2 agricultural operations for composting with landscape
3 waste no materials other than uncontaminated and
4 source-separated (i) crop residue and other
5 agricultural plant residue generated from the
6 production and harvesting of crops and other customary
7 farm practices, including, but not limited to, stalks,
8 leaves, seed pods, husks, bagasse, and roots and (ii)
9 plant-derived animal bedding, such as straw or
10 sawdust, that is free of manure and was not made from
11 painted or treated wood;
12 (A-2) any composting additives that the composting
13 facility accepts and uses at the facility are
14 necessary to provide proper conditions for composting
15 and do not exceed 10% of the total composting material
16 at the facility at any one time;
17 (B) the property on which the composting facility
18 is located, and any associated property on which the
19 compost is used, is principally and diligently devoted
20 to the production of agricultural crops and is not
21 owned, leased or otherwise controlled by any waste
22 hauler or generator of nonagricultural compost
23 materials, and the operator of the composting facility
24 is not an employee, partner, shareholder, or in any
25 way connected with or controlled by any such waste
26 hauler or generator;
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1 (C) all compost generated by the composting
2 facility, except incidental sales of finished compost,
3 is applied at agronomic rates and used as mulch,
4 fertilizer or soil conditioner on land actually farmed
5 by the person operating the composting facility, and
6 the finished compost is not stored at the composting
7 site for a period longer than 18 months prior to its
8 application as mulch, fertilizer, or soil conditioner;
9 (D) the owner or operator, by January 1 of each
10 year, (i) registers the site with the Agency, (ii)
11 reports to the Agency on the volume of composting
12 material received and used at the site and the volume
13 of material comprising the incidental sale of finished
14 compost under this subsection (q), (iii) certifies to
15 the Agency that the site complies with the
16 requirements set forth in subparagraphs (A), (A-1),
17 (A-2), (B), and (C) of this paragraph (q)(3), and (iv)
18 certifies to the Agency that all composting material:
19 (I) was placed more than 200 feet from the
20 nearest potable water supply well;
21 (II) was placed outside the boundary of the
22 10-year floodplain or on a part of the site that is
23 floodproofed;
24 (III) was placed either (aa) at least 1/4 mile
25 from the nearest residence (other than a residence
26 located on the same property as the facility) and
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1 there are not more than 10 occupied non-farm
2 residences within 1/2 mile of the boundaries of
3 the site on the date of application or (bb) a
4 lesser distance from the nearest residence (other
5 than a residence located on the same property as
6 the facility) provided that the municipality or
7 county in which the facility is located has by
8 ordinance approved a lesser distance than 1/4 mile
9 and there are not more than 10 occupied non-farm
10 residences within 1/2 mile of the boundaries of
11 the site on the date of application; and
12 (IV) was placed more than 5 feet above the
13 water table.
14 Any ordinance approving a residential setback of
15 less than 1/4 mile that is used to meet the
16 requirements of this subparagraph (D) must
17 specifically reference this subparagraph.
18 For the purposes of this subsection (q), "agronomic rates"
19 means the application of not more than 20 tons per acre per
20 year, except that the Board may allow a higher rate for
21 individual sites where the owner or operator has demonstrated
22 to the Board that the site's soil characteristics or crop
23 needs require a higher rate.
24 For the purposes of this subsection (q), "incidental sale
25 of finished compost" means the sale of finished compost that
26 meets general use compost standards and is no more than 20% or
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1 300 cubic yards, whichever is less, of the total compost
2 created annually by a private landowner for the landowner's
3 own use.
4 (r) Cause or allow the storage or disposal of coal
5 combustion waste unless:
6 (1) such waste is stored or disposed of at a site or
7 facility for which a permit has been obtained or is not
8 otherwise required under subsection (d) of this Section;
9 or
10 (2) such waste is stored or disposed of as a part of
11 the design and reclamation of a site or facility which is
12 an abandoned mine site in accordance with the Abandoned
13 Mined Lands and Water Reclamation Act; or
14 (3) such waste is stored or disposed of at a site or
15 facility which is operating under NPDES and Subtitle D
16 permits issued by the Agency pursuant to regulations
17 adopted by the Board for mine-related water pollution and
18 permits issued pursuant to the federal Surface Mining
19 Control and Reclamation Act of 1977 (P.L. 95-87) or the
20 rules and regulations thereunder or any law or rule or
21 regulation adopted by the State of Illinois pursuant
22 thereto, and the owner or operator of the facility agrees
23 to accept the waste; and either:
24 (i) such waste is stored or disposed of in
25 accordance with requirements applicable to refuse
26 disposal under regulations adopted by the Board for
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1 mine-related water pollution and pursuant to NPDES and
2 Subtitle D permits issued by the Agency under such
3 regulations; or
4 (ii) the owner or operator of the facility
5 demonstrates all of the following to the Agency, and
6 the facility is operated in accordance with the
7 demonstration as approved by the Agency: (1) the
8 disposal area will be covered in a manner that will
9 support continuous vegetation, (2) the facility will
10 be adequately protected from wind and water erosion,
11 (3) the pH will be maintained so as to prevent
12 excessive leaching of metal ions, and (4) adequate
13 containment or other measures will be provided to
14 protect surface water and groundwater from
15 contamination at levels prohibited by this Act, the
16 Illinois Groundwater Protection Act, or regulations
17 adopted pursuant thereto.
18 Notwithstanding any other provision of this Title, the
19 disposal of coal combustion waste pursuant to item (2) or (3)
20 of this subdivision (r) shall be exempt from the other
21 provisions of this Title V, and notwithstanding the provisions
22 of Title X of this Act, the Agency is authorized to grant
23 experimental permits which include provision for the disposal
24 of wastes from the combustion of coal and other materials
25 pursuant to items (2) and (3) of this subdivision (r).
26 (s) After April 1, 1989, offer for transportation,
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1 transport, deliver, receive or accept special waste for which
2 a manifest is required, unless the manifest indicates that the
3 fee required under Section 22.8 of this Act has been paid.
4 (t) Cause or allow a lateral expansion of a municipal
5 solid waste landfill unit on or after October 9, 1993, without
6 a permit modification, granted by the Agency, that authorizes
7 the lateral expansion.
8 (u) Conduct any vegetable by-product treatment, storage,
9 disposal or transportation operation in violation of any
10 regulation, standards or permit requirements adopted by the
11 Board under this Act. However, no permit shall be required
12 under this Title V for the land application of vegetable
13 by-products conducted pursuant to Agency permit issued under
14 Title III of this Act to the generator of the vegetable
15 by-products. In addition, vegetable by-products may be
16 transported in this State without a special waste hauling
17 permit, and without the preparation and carrying of a
18 manifest.
19 (v) (Blank).
20 (w) Conduct any generation, transportation, or recycling
21 of construction or demolition debris, clean or general, or
22 uncontaminated soil generated during construction, remodeling,
23 repair, and demolition of utilities, structures, and roads
24 that is not commingled with any waste, without the maintenance
25 of documentation identifying the hauler, generator, place of
26 origin of the debris or soil, the weight or volume of the
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1 debris or soil, and the location, owner, and operator of the
2 facility where the debris or soil was transferred, disposed,
3 recycled, or treated. This documentation must be maintained by
4 the generator, transporter, or recycler for 3 years. This
5 subsection (w) shall not apply to (1) a permitted pollution
6 control facility that transfers or accepts construction or
7 demolition debris, clean or general, or uncontaminated soil
8 for final disposal, recycling, or treatment, (2) a public
9 utility (as that term is defined in the Public Utilities Act)
10 or a municipal utility, (3) the Illinois Department of
11 Transportation, or (4) a municipality or a county highway
12 department, with the exception of any municipality or county
13 highway department located within a county having a population
14 of over 3,000,000 inhabitants or located in a county that is
15 contiguous to a county having a population of over 3,000,000
16 inhabitants; but it shall apply to an entity that contracts
17 with a public utility, a municipal utility, the Illinois
18 Department of Transportation, or a municipality or a county
19 highway department. The terms "generation" and "recycling", as
20 used in this subsection, do not apply to clean construction or
21 demolition debris when (i) used as fill material below grade
22 outside of a setback zone if covered by sufficient
23 uncontaminated soil to support vegetation within 30 days of
24 the completion of filling or if covered by a road or structure,
25 (ii) solely broken concrete without protruding metal bars is
26 used for erosion control, or (iii) milled asphalt or crushed
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1 concrete is used as aggregate in construction of the shoulder
2 of a roadway. The terms "generation" and "recycling", as used
3 in this subsection, do not apply to uncontaminated soil that
4 is not commingled with any waste when (i) used as fill material
5 below grade or contoured to grade, or (ii) used at the site of
6 generation.
7 (y) Inject any carbon dioxide stream produced by a carbon
8 dioxide capture project into a Class II well, as defined by the
9 Board under this Act, or a Class VI well converted from a Class
10 II well, for purposes of enhanced oil or gas recovery,
11 including, but not limited to, the facilitation of enhanced
12 oil or gas recovery from another well.
13 (z) Sell or transport concentrated carbon dioxide stream
14 produced by a carbon dioxide capture project for use in
15 enhanced oil or gas recovery.
16 (aa) Operate a carbon sequestration activity in a manner
17 that causes, threatens, or allows the release of carbon
18 dioxide so as to tend to cause water pollution in this State.
19 (bb) Conduct an organic waste composting operation, other
20 than a landscape waste composting operation, without an Agency
21 permit; provided, however, that no permit shall be required
22 for any person:
23 (1) conducting an organic waste composting operation
24 that (i) has no more than 25 cubic yards of
25 source-separated organic waste, composting additives,
26 composting material, or end-product compost on-site at any
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1 one time and (ii) is not engaging in commercial activity;
2 or
3 (2) conducting an organic waste composting operation
4 that meets all of the following requirements:
5 (A) There is no more than 1,000 cubic yards of
6 organic waste, composting additives, composting
7 material, or end-product compost on-site at any one
8 time.
9 (B) The portion of the site or facility used for
10 the composting operation is set back at least 200 feet
11 from the nearest potable water supply well.
12 (C) The portion of the site or facility used for
13 the composting operation is located outside the
14 boundary of the 10-year floodplain or must be
15 floodproofed.
16 (D) By the end of each operating day, all organic
17 waste is processed and (i) placed into an enclosed
18 vessel in which air flow and temperature are
19 controlled or (ii) placed into windrows or other piles
20 and covered in a manner that prevents scavenging by
21 birds and animals and prevents other nuisances.
22 (E) Organic waste is not placed within 5 feet of
23 the water table.
24 (F) Runoff from the portion of the site or
25 facility used for the composting operation is
26 controlled to prevent offsite runoff.
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1 (G) Dust, odors, and noise from the composting
2 operation are prevented from migrating off-site.
3 (H) No later than March 1 of each year the
4 composting operation is registered with the Agency on
5 Agency prescribed forms which shall include, but not
6 be limited to, information regarding the owner and
7 operator of the composting operation, the owner of
8 property on which the composting operation is located,
9 a contact person for the composting operation, a
10 description of the composting operation, the volume of
11 organic waste received during the previous calendar
12 year, the volume of compost produced during the
13 previous calendar year, and a certification that the
14 composting operation meets the requirements of this
15 paragraph (2).
16 (Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
17 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff.
18 1-1-24; 103-651, eff. 7-18-24.)
19 (415 ILCS 5/22.34)
20 Sec. 22.34. Organic waste compost quality standards.
21 (a) The Agency may develop and make recommendations to the
22 Board concerning (i) performance standards for organic waste
23 compost facilities and (ii) testing procedures and standards
24 for the end-product compost produced by organic waste compost
25 facilities.
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1 The Agency, in cooperation with the Department, shall
2 appoint a Technical Advisory Committee for the purpose of
3 developing these recommendations. Among other things, the
4 Committee shall evaluate environmental and safety
5 considerations, compliance costs, and regulations adopted in
6 other states and countries. The Committee shall have balanced
7 representation and shall include members representing
8 academia, the composting industry, the Department of
9 Agriculture, the landscaping industry, environmental
10 organizations, municipalities, and counties.
11 Performance standards for organic waste compost facilities
12 may include, but are not limited to:
13 (1) the management of potential exposures for human
14 disease vectors and odor;
15 (2) the management of surface water;
16 (3) contingency planning for handling end-product
17 compost material that does not meet end-product compost
18 standards adopted by the Board;
19 (4) plans for intended purposes of end-use product;
20 and
21 (5) a financial assurance plan necessary to restore
22 the site as specified in Agency permit. The financial
23 assurance plan may include, but is not limited to, posting
24 with the Agency a performance bond or other security for
25 the purpose of ensuring site restoration.
26 (b) No later than one year after the Agency makes
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1 recommendations to the Board under subsection (a) of this
2 Section, the Board shall adopt, as applicable:
3 (1) performance standards for organic waste compost
4 facilities; and
5 (2) testing procedures and standards for the
6 end-product compost produced by organic waste compost
7 facilities.
8 The Board shall evaluate the merits of different standards
9 for end-product compost applications.
10 (c) On-site residential composting that is used solely for
11 the purpose of composting organic waste generated on-site and
12 that will not be offered for off-site sale or use is exempt
13 from any standards promulgated under subsections (a) and (b).
14 Subsection (b)(2) shall not apply to end-product compost used
15 as daily cover or vegetative amendment in the final layer.
16 Subsection (b) applies to any end-product compost offered for
17 sale or use in Illinois.
18 (d) (Blank). For the purposes of this Section, "organic
19 waste" means food scrap, landscape waste, wood waste,
20 livestock waste, crop residue, paper waste, or other
21 non-hazardous carbonaceous waste that is collected and
22 processed separately from the rest of the municipal waste
23 stream.
24 (e) Except as otherwise provided in Board rules, solid
25 waste permits for organic waste composting facilities shall be
26 issued under the Board's Solid Waste rules at 35 Ill. Adm. Code
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