Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2195 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 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
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2195 Introduced 2/7/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
3	3	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
4	4	415 ILCS 5/3.309 new
5	5	415 ILCS 5/21 from Ch. 111 1/2, par. 1021
6	6	415 ILCS 5/22.34
7	7	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.
8	8	LRB104 10726 BDA 20805 b LRB104 10726 BDA 20805 b
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10	10	A BILL FOR
11	11	SB2195LRB104 10726 BDA 20805 b SB2195 LRB104 10726 BDA 20805 b
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13	13	1 AN ACT concerning safety.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Environmental Protection Act is amended by
17	17	5 changing Sections 21 and 22.34 and by adding Section 3.309 as
18	18	6 follows:
19	19	7 (415 ILCS 5/3.309 new)
20	20	8 Sec. 3.309. Organic waste. "Organic waste" means food
21	21	9 scrap, uncontaminated wood waste, livestock waste, crop
22	22	10 residue, paper waste, or other non-hazardous carbonaceous
23	23	11 waste, other than landscape waste, that is collected and
24	24	12 processed separately from the rest of the municipal waste
25	25	13 stream.
26	26	14 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
27	27	15 Sec. 21. Prohibited acts. No person shall:
28	28	16 (a) Cause or allow the open dumping of any waste.
29	29	17 (b) Abandon, dump, or deposit any waste upon the public
30	30	18 highways or other public property, except in a sanitary
31	31	19 landfill approved by the Agency pursuant to regulations
32	32	20 adopted by the Board.
33	33	21 (c) Abandon any vehicle in violation of the "Abandoned
34	34	22 Vehicles Amendment to the Illinois Vehicle Code", as enacted
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2195 Introduced 2/7/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
39	39	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
40	40	415 ILCS 5/3.309 new
41	41	415 ILCS 5/21 from Ch. 111 1/2, par. 1021
42	42	415 ILCS 5/22.34
43	43	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.
44	44	LRB104 10726 BDA 20805 b LRB104 10726 BDA 20805 b
45	45	LRB104 10726 BDA 20805 b
46	46	A BILL FOR
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52	52	415 ILCS 5/3.309 new
53	53	415 ILCS 5/21 from Ch. 111 1/2, par. 1021
54	54	415 ILCS 5/22.34
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73	73	1 by the 76th General Assembly.
74	74	2 (d) Conduct any waste-storage, waste-treatment, or
75	75	3 waste-disposal operation:
76	76	4 (1) without a permit granted by the Agency or in
77	77	5 violation of any conditions imposed by such permit,
78	78	6 including periodic reports and full access to adequate
79	79	7 records and the inspection of facilities, as may be
80	80	8 necessary to assure compliance with this Act and with
81	81	9 regulations and standards adopted thereunder; provided,
82	82	10 however, that, except for municipal solid waste landfill
83	83	11 units that receive waste on or after October 9, 1993, and
84	84	12 CCR surface impoundments, no permit shall be required for
85	85	13 (i) any person conducting a waste-storage,
86	86	14 waste-treatment, or waste-disposal operation for wastes
87	87	15 generated by such person's own activities which are
88	88	16 stored, treated, or disposed within the site where such
89	89	17 wastes are generated, (ii) until one year after the
90	90	18 effective date of rules adopted by the Board under
91	91	19 subsection (n) of Section 22.38, a facility located in a
92	92	20 county with a population over 700,000 as of January 1,
93	93	21 2000, operated and located in accordance with Section
94	94	22 22.38 of this Act, and used exclusively for the transfer,
95	95	23 storage, or treatment of general construction or
96	96	24 demolition debris, provided that the facility was
97	97	25 receiving construction or demolition debris on August 24,
98	98	26 2009 (the effective date of Public Act 96-611), or (iii)
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109	109	1 any person conducting a waste transfer, storage,
110	110	2 treatment, or disposal operation, including, but not
111	111	3 limited to, a waste transfer or waste composting
112	112	4 operation, under a mass animal mortality event plan
113	113	5 created by the Department of Agriculture;
114	114	6 (2) in violation of any regulations or standards
115	115	7 adopted by the Board under this Act;
116	116	8 (3) which receives waste after August 31, 1988, does
117	117	9 not have a permit issued by the Agency, and is (i) a
118	118	10 landfill used exclusively for the disposal of waste
119	119	11 generated at the site, (ii) a surface impoundment
120	120	12 receiving special waste not listed in an NPDES permit,
121	121	13 (iii) a waste pile in which the total volume of waste is
122	122	14 greater than 100 cubic yards or the waste is stored for
123	123	15 over one year, or (iv) a land treatment facility receiving
124	124	16 special waste generated at the site; without giving notice
125	125	17 of the operation to the Agency by January 1, 1989, or 30
126	126	18 days after the date on which the operation commences,
127	127	19 whichever is later, and every 3 years thereafter. The form
128	128	20 for such notification shall be specified by the Agency,
129	129	21 and shall be limited to information regarding: the name
130	130	22 and address of the location of the operation; the type of
131	131	23 operation; the types and amounts of waste stored, treated
132	132	24 or disposed of on an annual basis; the remaining capacity
133	133	25 of the operation; and the remaining expected life of the
134	134	26 operation.
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145	145	1 Item (3) of this subsection (d) shall not apply to any
146	146	2 person engaged in agricultural activity who is disposing of a
147	147	3 substance that constitutes solid waste, if the substance was
148	148	4 acquired for use by that person on his own property, and the
149	149	5 substance is disposed of on his own property in accordance
150	150	6 with regulations or standards adopted by the Board.
151	151	7 This subsection (d) shall not apply to hazardous waste.
152	152	8 (e) Dispose, treat, store or abandon any waste, or
153	153	9 transport any waste into this State for disposal, treatment,
154	154	10 storage or abandonment, except at a site or facility which
155	155	11 meets the requirements of this Act and of regulations and
156	156	12 standards thereunder.
157	157	13 (f) Conduct any hazardous waste-storage, hazardous
158	158	14 waste-treatment or hazardous waste-disposal operation:
159	159	15 (1) without a RCRA permit for the site issued by the
160	160	16 Agency under subsection (d) of Section 39 of this Act, or
161	161	17 in violation of any condition imposed by such permit,
162	162	18 including periodic reports and full access to adequate
163	163	19 records and the inspection of facilities, as may be
164	164	20 necessary to assure compliance with this Act and with
165	165	21 regulations and standards adopted thereunder; or
166	166	22 (2) in violation of any regulations or standards
167	167	23 adopted by the Board under this Act; or
168	168	24 (3) in violation of any RCRA permit filing requirement
169	169	25 established under standards adopted by the Board under
170	170	26 this Act; or
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181	181	1 (4) in violation of any order adopted by the Board
182	182	2 under this Act.
183	183	3 Notwithstanding the above, no RCRA permit shall be
184	184	4 required under this subsection or subsection (d) of Section 39
185	185	5 of this Act for any person engaged in agricultural activity
186	186	6 who is disposing of a substance which has been identified as a
187	187	7 hazardous waste, and which has been designated by Board
188	188	8 regulations as being subject to this exception, if the
189	189	9 substance was acquired for use by that person on his own
190	190	10 property and the substance is disposed of on his own property
191	191	11 in accordance with regulations or standards adopted by the
192	192	12 Board.
193	193	13 (g) Conduct any hazardous waste-transportation operation:
194	194	14 (1) without registering with and obtaining a special
195	195	15 waste hauling permit from the Agency in accordance with
196	196	16 the regulations adopted by the Board under this Act; or
197	197	17 (2) in violation of any regulations or standards
198	198	18 adopted by the Board under this Act.
199	199	19 (h) Conduct any hazardous waste-recycling or hazardous
200	200	20 waste-reclamation or hazardous waste-reuse operation in
201	201	21 violation of any regulations, standards or permit requirements
202	202	22 adopted by the Board under this Act.
203	203	23 (i) Conduct any process or engage in any act which
204	204	24 produces hazardous waste in violation of any regulations or
205	205	25 standards adopted by the Board under subsections (a) and (c)
206	206	26 of Section 22.4 of this Act.
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217	217	1 (j) Conduct any special waste-transportation operation in
218	218	2 violation of any regulations, standards or permit requirements
219	219	3 adopted by the Board under this Act. However, sludge from a
220	220	4 water or sewage treatment plant owned and operated by a unit of
221	221	5 local government which (1) is subject to a sludge management
222	222	6 plan approved by the Agency or a permit granted by the Agency,
223	223	7 and (2) has been tested and determined not to be a hazardous
224	224	8 waste as required by applicable State and federal laws and
225	225	9 regulations, may be transported in this State without a
226	226	10 special waste hauling permit, and the preparation and carrying
227	227	11 of a manifest shall not be required for such sludge under the
228	228	12 rules of the Pollution Control Board. The unit of local
229	229	13 government which operates the treatment plant producing such
230	230	14 sludge shall file an annual report with the Agency identifying
231	231	15 the volume of such sludge transported during the reporting
232	232	16 period, the hauler of the sludge, and the disposal sites to
233	233	17 which it was transported. This subsection (j) shall not apply
234	234	18 to hazardous waste.
235	235	19 (k) Fail or refuse to pay any fee imposed under this Act.
236	236	20 (l) Locate a hazardous waste disposal site above an active
237	237	21 or inactive shaft or tunneled mine or within 2 miles of an
238	238	22 active fault in the earth's crust. In counties of population
239	239	23 less than 225,000 no hazardous waste disposal site shall be
240	240	24 located (1) within 1 1/2 miles of the corporate limits as
241	241	25 defined on June 30, 1978, of any municipality without the
242	242	26 approval of the governing body of the municipality in an
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253	253	1 official action; or (2) within 1000 feet of an existing
254	254	2 private well or the existing source of a public water supply
255	255	3 measured from the boundary of the actual active permitted site
256	256	4 and excluding existing private wells on the property of the
257	257	5 permit applicant. The provisions of this subsection do not
258	258	6 apply to publicly owned sewage works or the disposal or
259	259	7 utilization of sludge from publicly owned sewage works.
260	260	8 (m) Transfer interest in any land which has been used as a
261	261	9 hazardous waste disposal site without written notification to
262	262	10 the Agency of the transfer and to the transferee of the
263	263	11 conditions imposed by the Agency upon its use under subsection
264	264	12 (g) of Section 39.
265	265	13 (n) Use any land which has been used as a hazardous waste
266	266	14 disposal site except in compliance with conditions imposed by
267	267	15 the Agency under subsection (g) of Section 39.
268	268	16 (o) Conduct a sanitary landfill operation which is
269	269	17 required to have a permit under subsection (d) of this
270	270	18 Section, in a manner which results in any of the following
271	271	19 conditions:
272	272	20 (1) refuse in standing or flowing waters;
273	273	21 (2) leachate flows entering waters of the State;
274	274	22 (3) leachate flows exiting the landfill confines (as
275	275	23 determined by the boundaries established for the landfill
276	276	24 by a permit issued by the Agency);
277	277	25 (4) open burning of refuse in violation of Section 9
278	278	26 of this Act;
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289	289	1 (5) uncovered refuse remaining from any previous
290	290	2 operating day or at the conclusion of any operating day,
291	291	3 unless authorized by permit;
292	292	4 (6) failure to provide final cover within time limits
293	293	5 established by Board regulations;
294	294	6 (7) acceptance of wastes without necessary permits;
295	295	7 (8) scavenging as defined by Board regulations;
296	296	8 (9) deposition of refuse in any unpermitted portion of
297	297	9 the landfill;
298	298	10 (10) acceptance of a special waste without a required
299	299	11 manifest;
300	300	12 (11) failure to submit reports required by permits or
301	301	13 Board regulations;
302	302	14 (12) failure to collect and contain litter from the
303	303	15 site by the end of each operating day;
304	304	16 (13) failure to submit any cost estimate for the site
305	305	17 or any performance bond or other security for the site as
306	306	18 required by this Act or Board rules.
307	307	19 The prohibitions specified in this subsection (o) shall be
308	308	20 enforceable by the Agency either by administrative citation
309	309	21 under Section 31.1 of this Act or as otherwise provided by this
310	310	22 Act. The specific prohibitions in this subsection do not limit
311	311	23 the power of the Board to establish regulations or standards
312	312	24 applicable to sanitary landfills.
313	313	25 (p) In violation of subdivision (a) of this Section, cause
314	314	26 or allow the open dumping of any waste in a manner which
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325	325	1 results in any of the following occurrences at the dump site:
326	326	2 (1) litter;
327	327	3 (2) scavenging;
328	328	4 (3) open burning;
329	329	5 (4) deposition of waste in standing or flowing waters;
330	330	6 (5) proliferation of disease vectors;
331	331	7 (6) standing or flowing liquid discharge from the dump
332	332	8 site;
333	333	9 (7) deposition of:
334	334	10 (i) general construction or demolition debris as
335	335	11 defined in Section 3.160(a) of this Act; or
336	336	12 (ii) clean construction or demolition debris as
337	337	13 defined in Section 3.160(b) of this Act.
338	338	14 The prohibitions specified in this subsection (p) shall be
339	339	15 enforceable by the Agency either by administrative citation
340	340	16 under Section 31.1 of this Act or as otherwise provided by this
341	341	17 Act. The specific prohibitions in this subsection do not limit
342	342	18 the power of the Board to establish regulations or standards
343	343	19 applicable to open dumping.
344	344	20 (q) Conduct a landscape waste composting operation without
345	345	21 an Agency permit, provided, however, that no permit shall be
346	346	22 required for any person:
347	347	23 (1) conducting a landscape waste composting operation
348	348	24 for landscape wastes generated by such person's own
349	349	25 activities which are stored, treated, or disposed of
350	350	26 within the site where such wastes are generated; or
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361	361	1 (1.5) conducting a landscape waste composting
362	362	2 operation that (i) has no more than 25 cubic yards of
363	363	3 landscape waste, composting additives, composting
364	364	4 material, or end-product compost on-site at any one time
365	365	5 and (ii) is not engaging in commercial activity; or
366	366	6 (2) applying landscape waste or composted landscape
367	367	7 waste at agronomic rates; or
368	368	8 (2.5) operating a landscape waste composting facility
369	369	9 at a site having 10 or more occupied non-farm residences
370	370	10 within 1/2 mile of its boundaries, if the facility meets
371	371	11 all of the following criteria:
372	372	12 (A) the composting facility is operated by the
373	373	13 farmer on property on which the composting material is
374	374	14 utilized, and the composting facility constitutes no
375	375	15 more than 2% of the site's total acreage;
376	376	16 (A-5) any composting additives that the composting
377	377	17 facility accepts and uses at the facility are
378	378	18 necessary to provide proper conditions for composting
379	379	19 and do not exceed 10% of the total composting material
380	380	20 at the facility at any one time;
381	381	21 (B) the property on which the composting facility
382	382	22 is located, and any associated property on which the
383	383	23 compost is used, is principally and diligently devoted
384	384	24 to the production of agricultural crops and is not
385	385	25 owned, leased, or otherwise controlled by any waste
386	386	26 hauler or generator of nonagricultural compost
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397	397	1 materials, and the operator of the composting facility
398	398	2 is not an employee, partner, shareholder, or in any
399	399	3 way connected with or controlled by any such waste
400	400	4 hauler or generator;
401	401	5 (C) all compost generated by the composting
402	402	6 facility, except incidental sales of finished compost,
403	403	7 is applied at agronomic rates and used as mulch,
404	404	8 fertilizer, or soil conditioner on land actually
405	405	9 farmed by the person operating the composting
406	406	10 facility, and the finished compost is not stored at
407	407	11 the composting site for a period longer than 18 months
408	408	12 prior to its application as mulch, fertilizer, or soil
409	409	13 conditioner;
410	410	14 (D) no fee is charged for the acceptance of
411	411	15 materials to be composted at the facility; and
412	412	16 (E) the owner or operator, by January 1, 2014 (or
413	413	17 the January 1 following commencement of operation,
414	414	18 whichever is later) and January 1 of each year
415	415	19 thereafter, registers the site with the Agency, (ii)
416	416	20 reports to the Agency on the volume of composting
417	417	21 material received and used at the site; (iii)
418	418	22 certifies to the Agency that the site complies with
419	419	23 the requirements set forth in subparagraphs (A),
420	420	24 (A-5), (B), (C), and (D) of this paragraph (2.5); and
421	421	25 (iv) certifies to the Agency that all composting
422	422	26 material was placed more than 200 feet from the
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433	433	1 nearest potable water supply well, was placed outside
434	434	2 the boundary of the 10-year floodplain or on a part of
435	435	3 the site that is floodproofed, was placed at least 1/4
436	436	4 mile from the nearest residence (other than a
437	437	5 residence located on the same property as the
438	438	6 facility) or a lesser distance from the nearest
439	439	7 residence (other than a residence located on the same
440	440	8 property as the facility) if the municipality in which
441	441	9 the facility is located has by ordinance approved a
442	442	10 lesser distance than 1/4 mile, and was placed more
443	443	11 than 5 feet above the water table; any ordinance
444	444	12 approving a residential setback of less than 1/4 mile
445	445	13 that is used to meet the requirements of this
446	446	14 subparagraph (E) of paragraph (2.5) of this subsection
447	447	15 must specifically reference this paragraph; or
448	448	16 (3) operating a landscape waste composting facility on
449	449	17 a farm, if the facility meets all of the following
450	450	18 criteria:
451	451	19 (A) the composting facility is operated by the
452	452	20 farmer on property on which the composting material is
453	453	21 utilized, and the composting facility constitutes no
454	454	22 more than 2% of the property's total acreage, except
455	455	23 that the Board may allow a higher percentage for
456	456	24 individual sites where the owner or operator has
457	457	25 demonstrated to the Board that the site's soil
458	458	26 characteristics or crop needs require a higher rate;
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469	469	1 (A-1) the composting facility accepts from other
470	470	2 agricultural operations for composting with landscape
471	471	3 waste no materials other than uncontaminated and
472	472	4 source-separated (i) crop residue and other
473	473	5 agricultural plant residue generated from the
474	474	6 production and harvesting of crops and other customary
475	475	7 farm practices, including, but not limited to, stalks,
476	476	8 leaves, seed pods, husks, bagasse, and roots and (ii)
477	477	9 plant-derived animal bedding, such as straw or
478	478	10 sawdust, that is free of manure and was not made from
479	479	11 painted or treated wood;
480	480	12 (A-2) any composting additives that the composting
481	481	13 facility accepts and uses at the facility are
482	482	14 necessary to provide proper conditions for composting
483	483	15 and do not exceed 10% of the total composting material
484	484	16 at the facility at any one time;
485	485	17 (B) the property on which the composting facility
486	486	18 is located, and any associated property on which the
487	487	19 compost is used, is principally and diligently devoted
488	488	20 to the production of agricultural crops and is not
489	489	21 owned, leased or otherwise controlled by any waste
490	490	22 hauler or generator of nonagricultural compost
491	491	23 materials, and the operator of the composting facility
492	492	24 is not an employee, partner, shareholder, or in any
493	493	25 way connected with or controlled by any such waste
494	494	26 hauler or generator;
495	495
496	496
497	497
498	498
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505	505	1 (C) all compost generated by the composting
506	506	2 facility, except incidental sales of finished compost,
507	507	3 is applied at agronomic rates and used as mulch,
508	508	4 fertilizer or soil conditioner on land actually farmed
509	509	5 by the person operating the composting facility, and
510	510	6 the finished compost is not stored at the composting
511	511	7 site for a period longer than 18 months prior to its
512	512	8 application as mulch, fertilizer, or soil conditioner;
513	513	9 (D) the owner or operator, by January 1 of each
514	514	10 year, (i) registers the site with the Agency, (ii)
515	515	11 reports to the Agency on the volume of composting
516	516	12 material received and used at the site and the volume
517	517	13 of material comprising the incidental sale of finished
518	518	14 compost under this subsection (q), (iii) certifies to
519	519	15 the Agency that the site complies with the
520	520	16 requirements set forth in subparagraphs (A), (A-1),
521	521	17 (A-2), (B), and (C) of this paragraph (q)(3), and (iv)
522	522	18 certifies to the Agency that all composting material:
523	523	19 (I) was placed more than 200 feet from the
524	524	20 nearest potable water supply well;
525	525	21 (II) was placed outside the boundary of the
526	526	22 10-year floodplain or on a part of the site that is
527	527	23 floodproofed;
528	528	24 (III) was placed either (aa) at least 1/4 mile
529	529	25 from the nearest residence (other than a residence
530	530	26 located on the same property as the facility) and
531	531
532	532
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534	534
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541	541	1 there are not more than 10 occupied non-farm
542	542	2 residences within 1/2 mile of the boundaries of
543	543	3 the site on the date of application or (bb) a
544	544	4 lesser distance from the nearest residence (other
545	545	5 than a residence located on the same property as
546	546	6 the facility) provided that the municipality or
547	547	7 county in which the facility is located has by
548	548	8 ordinance approved a lesser distance than 1/4 mile
549	549	9 and there are not more than 10 occupied non-farm
550	550	10 residences within 1/2 mile of the boundaries of
551	551	11 the site on the date of application; and
552	552	12 (IV) was placed more than 5 feet above the
553	553	13 water table.
554	554	14 Any ordinance approving a residential setback of
555	555	15 less than 1/4 mile that is used to meet the
556	556	16 requirements of this subparagraph (D) must
557	557	17 specifically reference this subparagraph.
558	558	18 For the purposes of this subsection (q), "agronomic rates"
559	559	19 means the application of not more than 20 tons per acre per
560	560	20 year, except that the Board may allow a higher rate for
561	561	21 individual sites where the owner or operator has demonstrated
562	562	22 to the Board that the site's soil characteristics or crop
563	563	23 needs require a higher rate.
564	564	24 For the purposes of this subsection (q), "incidental sale
565	565	25 of finished compost" means the sale of finished compost that
566	566	26 meets general use compost standards and is no more than 20% or
567	567
568	568
569	569
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577	577	1 300 cubic yards, whichever is less, of the total compost
578	578	2 created annually by a private landowner for the landowner's
579	579	3 own use.
580	580	4 (r) Cause or allow the storage or disposal of coal
581	581	5 combustion waste unless:
582	582	6 (1) such waste is stored or disposed of at a site or
583	583	7 facility for which a permit has been obtained or is not
584	584	8 otherwise required under subsection (d) of this Section;
585	585	9 or
586	586	10 (2) such waste is stored or disposed of as a part of
587	587	11 the design and reclamation of a site or facility which is
588	588	12 an abandoned mine site in accordance with the Abandoned
589	589	13 Mined Lands and Water Reclamation Act; or
590	590	14 (3) such waste is stored or disposed of at a site or
591	591	15 facility which is operating under NPDES and Subtitle D
592	592	16 permits issued by the Agency pursuant to regulations
593	593	17 adopted by the Board for mine-related water pollution and
594	594	18 permits issued pursuant to the federal Surface Mining
595	595	19 Control and Reclamation Act of 1977 (P.L. 95-87) or the
596	596	20 rules and regulations thereunder or any law or rule or
597	597	21 regulation adopted by the State of Illinois pursuant
598	598	22 thereto, and the owner or operator of the facility agrees
599	599	23 to accept the waste; and either:
600	600	24 (i) such waste is stored or disposed of in
601	601	25 accordance with requirements applicable to refuse
602	602	26 disposal under regulations adopted by the Board for
603	603
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607	607
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609	609
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612	612	SB2195 - 17 - LRB104 10726 BDA 20805 b
613	613	1 mine-related water pollution and pursuant to NPDES and
614	614	2 Subtitle D permits issued by the Agency under such
615	615	3 regulations; or
616	616	4 (ii) the owner or operator of the facility
617	617	5 demonstrates all of the following to the Agency, and
618	618	6 the facility is operated in accordance with the
619	619	7 demonstration as approved by the Agency: (1) the
620	620	8 disposal area will be covered in a manner that will
621	621	9 support continuous vegetation, (2) the facility will
622	622	10 be adequately protected from wind and water erosion,
623	623	11 (3) the pH will be maintained so as to prevent
624	624	12 excessive leaching of metal ions, and (4) adequate
625	625	13 containment or other measures will be provided to
626	626	14 protect surface water and groundwater from
627	627	15 contamination at levels prohibited by this Act, the
628	628	16 Illinois Groundwater Protection Act, or regulations
629	629	17 adopted pursuant thereto.
630	630	18 Notwithstanding any other provision of this Title, the
631	631	19 disposal of coal combustion waste pursuant to item (2) or (3)
632	632	20 of this subdivision (r) shall be exempt from the other
633	633	21 provisions of this Title V, and notwithstanding the provisions
634	634	22 of Title X of this Act, the Agency is authorized to grant
635	635	23 experimental permits which include provision for the disposal
636	636	24 of wastes from the combustion of coal and other materials
637	637	25 pursuant to items (2) and (3) of this subdivision (r).
638	638	26 (s) After April 1, 1989, offer for transportation,
639	639
640	640
641	641
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645	645
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648	648	SB2195 - 18 - LRB104 10726 BDA 20805 b
649	649	1 transport, deliver, receive or accept special waste for which
650	650	2 a manifest is required, unless the manifest indicates that the
651	651	3 fee required under Section 22.8 of this Act has been paid.
652	652	4 (t) Cause or allow a lateral expansion of a municipal
653	653	5 solid waste landfill unit on or after October 9, 1993, without
654	654	6 a permit modification, granted by the Agency, that authorizes
655	655	7 the lateral expansion.
656	656	8 (u) Conduct any vegetable by-product treatment, storage,
657	657	9 disposal or transportation operation in violation of any
658	658	10 regulation, standards or permit requirements adopted by the
659	659	11 Board under this Act. However, no permit shall be required
660	660	12 under this Title V for the land application of vegetable
661	661	13 by-products conducted pursuant to Agency permit issued under
662	662	14 Title III of this Act to the generator of the vegetable
663	663	15 by-products. In addition, vegetable by-products may be
664	664	16 transported in this State without a special waste hauling
665	665	17 permit, and without the preparation and carrying of a
666	666	18 manifest.
667	667	19 (v) (Blank).
668	668	20 (w) Conduct any generation, transportation, or recycling
669	669	21 of construction or demolition debris, clean or general, or
670	670	22 uncontaminated soil generated during construction, remodeling,
671	671	23 repair, and demolition of utilities, structures, and roads
672	672	24 that is not commingled with any waste, without the maintenance
673	673	25 of documentation identifying the hauler, generator, place of
674	674	26 origin of the debris or soil, the weight or volume of the
675	675
676	676
677	677
678	678
679	679
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681	681
682	682
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684	684	SB2195 - 19 - LRB104 10726 BDA 20805 b
685	685	1 debris or soil, and the location, owner, and operator of the
686	686	2 facility where the debris or soil was transferred, disposed,
687	687	3 recycled, or treated. This documentation must be maintained by
688	688	4 the generator, transporter, or recycler for 3 years. This
689	689	5 subsection (w) shall not apply to (1) a permitted pollution
690	690	6 control facility that transfers or accepts construction or
691	691	7 demolition debris, clean or general, or uncontaminated soil
692	692	8 for final disposal, recycling, or treatment, (2) a public
693	693	9 utility (as that term is defined in the Public Utilities Act)
694	694	10 or a municipal utility, (3) the Illinois Department of
695	695	11 Transportation, or (4) a municipality or a county highway
696	696	12 department, with the exception of any municipality or county
697	697	13 highway department located within a county having a population
698	698	14 of over 3,000,000 inhabitants or located in a county that is
699	699	15 contiguous to a county having a population of over 3,000,000
700	700	16 inhabitants; but it shall apply to an entity that contracts
701	701	17 with a public utility, a municipal utility, the Illinois
702	702	18 Department of Transportation, or a municipality or a county
703	703	19 highway department. The terms "generation" and "recycling", as
704	704	20 used in this subsection, do not apply to clean construction or
705	705	21 demolition debris when (i) used as fill material below grade
706	706	22 outside of a setback zone if covered by sufficient
707	707	23 uncontaminated soil to support vegetation within 30 days of
708	708	24 the completion of filling or if covered by a road or structure,
709	709	25 (ii) solely broken concrete without protruding metal bars is
710	710	26 used for erosion control, or (iii) milled asphalt or crushed
711	711
712	712
713	713
714	714
715	715
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717	717
718	718
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721	721	1 concrete is used as aggregate in construction of the shoulder
722	722	2 of a roadway. The terms "generation" and "recycling", as used
723	723	3 in this subsection, do not apply to uncontaminated soil that
724	724	4 is not commingled with any waste when (i) used as fill material
725	725	5 below grade or contoured to grade, or (ii) used at the site of
726	726	6 generation.
727	727	7 (y) Inject any carbon dioxide stream produced by a carbon
728	728	8 dioxide capture project into a Class II well, as defined by the
729	729	9 Board under this Act, or a Class VI well converted from a Class
730	730	10 II well, for purposes of enhanced oil or gas recovery,
731	731	11 including, but not limited to, the facilitation of enhanced
732	732	12 oil or gas recovery from another well.
733	733	13 (z) Sell or transport concentrated carbon dioxide stream
734	734	14 produced by a carbon dioxide capture project for use in
735	735	15 enhanced oil or gas recovery.
736	736	16 (aa) Operate a carbon sequestration activity in a manner
737	737	17 that causes, threatens, or allows the release of carbon
738	738	18 dioxide so as to tend to cause water pollution in this State.
739	739	19 (bb) Conduct an organic waste composting operation, other
740	740	20 than a landscape waste composting operation, without an Agency
741	741	21 permit; provided, however, that no permit shall be required
742	742	22 for any person:
743	743	23 (1) conducting an organic waste composting operation
744	744	24 that (i) has no more than 25 cubic yards of
745	745	25 source-separated organic waste, composting additives,
746	746	26 composting material, or end-product compost on-site at any
747	747
748	748
749	749
750	750
751	751
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753	753
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757	757	1 one time and (ii) is not engaging in commercial activity;
758	758	2 or
759	759	3 (2) conducting an organic waste composting operation
760	760	4 that meets all of the following requirements:
761	761	5 (A) There is no more than 1,000 cubic yards of
762	762	6 organic waste, composting additives, composting
763	763	7 material, or end-product compost on-site at any one
764	764	8 time.
765	765	9 (B) The portion of the site or facility used for
766	766	10 the composting operation is set back at least 200 feet
767	767	11 from the nearest potable water supply well.
768	768	12 (C) The portion of the site or facility used for
769	769	13 the composting operation is located outside the
770	770	14 boundary of the 10-year floodplain or must be
771	771	15 floodproofed.
772	772	16 (D) By the end of each operating day, all organic
773	773	17 waste is processed and (i) placed into an enclosed
774	774	18 vessel in which air flow and temperature are
775	775	19 controlled or (ii) placed into windrows or other piles
776	776	20 and covered in a manner that prevents scavenging by
777	777	21 birds and animals and prevents other nuisances.
778	778	22 (E) Organic waste is not placed within 5 feet of
779	779	23 the water table.
780	780	24 (F) Runoff from the portion of the site or
781	781	25 facility used for the composting operation is
782	782	26 controlled to prevent offsite runoff.
783	783
784	784
785	785
786	786
787	787
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789	789
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793	793	1 (G) Dust, odors, and noise from the composting
794	794	2 operation are prevented from migrating off-site.
795	795	3 (H) No later than March 1 of each year the
796	796	4 composting operation is registered with the Agency on
797	797	5 Agency prescribed forms which shall include, but not
798	798	6 be limited to, information regarding the owner and
799	799	7 operator of the composting operation, the owner of
800	800	8 property on which the composting operation is located,
801	801	9 a contact person for the composting operation, a
802	802	10 description of the composting operation, the volume of
803	803	11 organic waste received during the previous calendar
804	804	12 year, the volume of compost produced during the
805	805	13 previous calendar year, and a certification that the
806	806	14 composting operation meets the requirements of this
807	807	15 paragraph (2).
808	808	16 (Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
809	809	17 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff.
810	810	18 1-1-24; 103-651, eff. 7-18-24.)
811	811	19 (415 ILCS 5/22.34)
812	812	20 Sec. 22.34. Organic waste compost quality standards.
813	813	21 (a) The Agency may develop and make recommendations to the
814	814	22 Board concerning (i) performance standards for organic waste
815	815	23 compost facilities and (ii) testing procedures and standards
816	816	24 for the end-product compost produced by organic waste compost
817	817	25 facilities.
818	818
819	819
820	820
821	821
822	822
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824	824
825	825
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827	827	SB2195 - 23 - LRB104 10726 BDA 20805 b
828	828	1 The Agency, in cooperation with the Department, shall
829	829	2 appoint a Technical Advisory Committee for the purpose of
830	830	3 developing these recommendations. Among other things, the
831	831	4 Committee shall evaluate environmental and safety
832	832	5 considerations, compliance costs, and regulations adopted in
833	833	6 other states and countries. The Committee shall have balanced
834	834	7 representation and shall include members representing
835	835	8 academia, the composting industry, the Department of
836	836	9 Agriculture, the landscaping industry, environmental
837	837	10 organizations, municipalities, and counties.
838	838	11 Performance standards for organic waste compost facilities
839	839	12 may include, but are not limited to:
840	840	13 (1) the management of potential exposures for human
841	841	14 disease vectors and odor;
842	842	15 (2) the management of surface water;
843	843	16 (3) contingency planning for handling end-product
844	844	17 compost material that does not meet end-product compost
845	845	18 standards adopted by the Board;
846	846	19 (4) plans for intended purposes of end-use product;
847	847	20 and
848	848	21 (5) a financial assurance plan necessary to restore
849	849	22 the site as specified in Agency permit. The financial
850	850	23 assurance plan may include, but is not limited to, posting
851	851	24 with the Agency a performance bond or other security for
852	852	25 the purpose of ensuring site restoration.
853	853	26 (b) No later than one year after the Agency makes
854	854
855	855
856	856
857	857
858	858
859	859	SB2195 - 23 - LRB104 10726 BDA 20805 b
860	860
861	861
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863	863	SB2195 - 24 - LRB104 10726 BDA 20805 b
864	864	1 recommendations to the Board under subsection (a) of this
865	865	2 Section, the Board shall adopt, as applicable:
866	866	3 (1) performance standards for organic waste compost
867	867	4 facilities; and
868	868	5 (2) testing procedures and standards for the
869	869	6 end-product compost produced by organic waste compost
870	870	7 facilities.
871	871	8 The Board shall evaluate the merits of different standards
872	872	9 for end-product compost applications.
873	873	10 (c) On-site residential composting that is used solely for
874	874	11 the purpose of composting organic waste generated on-site and
875	875	12 that will not be offered for off-site sale or use is exempt
876	876	13 from any standards promulgated under subsections (a) and (b).
877	877	14 Subsection (b)(2) shall not apply to end-product compost used
878	878	15 as daily cover or vegetative amendment in the final layer.
879	879	16 Subsection (b) applies to any end-product compost offered for
880	880	17 sale or use in Illinois.
881	881	18 (d) (Blank). For the purposes of this Section, "organic
882	882	19 waste" means food scrap, landscape waste, wood waste,
883	883	20 livestock waste, crop residue, paper waste, or other
884	884	21 non-hazardous carbonaceous waste that is collected and
885	885	22 processed separately from the rest of the municipal waste
886	886	23 stream.
887	887	24 (e) Except as otherwise provided in Board rules, solid
888	888	25 waste permits for organic waste composting facilities shall be
889	889	26 issued under the Board's Solid Waste rules at 35 Ill. Adm. Code
890	890
891	891
892	892
893	893
894	894
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896	896
897	897
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899	899	SB2195 - 25 - LRB104 10726 BDA 20805 b
900	900
901	901
902	902
903	903
904	904
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