govt.fyi
Back to HB 5541
Illinois General Assembly· HB 5541Governor Approved

FOOD WASTE&COMPOSTING, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
HB5541 Enrolled                      LRB104 19752 BDA 34191 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 3.150, 3.155, 3.330, 21, and 22.34 and by

6 adding Sections 3.123, 3.126, 3.182, 3.198, 3.308, and 3.309

7 as follows:

8   (415 ILCS 5/3.123 new)

9   Sec. 3.123. Anaerobic digestion. "Anaerobic digestion"

10 means the process by which microorganisms break down organic

11 material in the absence of oxygen to produce biogas and

12 digestate.

13  (415 ILCS 5/3.126 new)

14  Sec. 3.126. Biogas. "Biogas" means the gas produced by the

15 anaerobic decomposition of organic material.

16  (415 ILCS 5/3.150) (was 415 ILCS 5/3.69)

17  Sec. 3.150. Compost. "Compost" means is defined as the

18 humus-like product of the process of composting waste, which

19 may be used as a soil conditioner.

20 (Source: P.A. 92-574, eff. 6-26-02.)
    HB5541 Enrolled            -2-      LRB104 19752 BDA 34191 b

1   (415 ILCS 5/3.155) (was 415 ILCS 5/3.70)

2   Sec. 3.155. Composting. "Composting" means the biological

3 treatment process by which microorganisms aerobically

4 decompose organic material under controlled conditions to

5 produce compost. the organic fraction of waste, producing

6 compost.

7 (Source: P.A. 92-574, eff. 6-26-02.)

8   (415 ILCS 5/3.182 new)

9   Sec. 3.182. Digestate. "Digestate" means the solid and

10 liquid end products of anaerobic digestion.

11  (415 ILCS 5/3.198 new)

12  Sec. 3.198. Food waste. "Food waste" means the organic

13 waste fraction of garbage.

14  (415 ILCS 5/3.308 new)

15  Sec. 3.308. Organic material. "Organic material" means

16 carbon-based material originating from living organisms.

17  (415 ILCS 5/3.309 new)

18  Sec. 3.309. Organic waste. "Organic waste" means organic

19 material that meets the definition of "waste" under this Act.

20  (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)

21  Sec. 3.330. Pollution control facility.
    HB5541 Enrolled  -3-  LRB104 19752 BDA 34191 b

1   (a) "Pollution control facility" is any waste storage

2 site, sanitary landfill, waste disposal site, waste transfer

3 station, waste treatment facility, or waste incinerator. This

4 includes sewers, sewage treatment plants, and any other

5 facilities owned or operated by sanitary districts organized

6 under the Metropolitan Water Reclamation District Act.

7   The following are not pollution control facilities:

8   (1) (blank);

9   (2) waste storage sites regulated under 40 CFR 761.42;

10  (3) sites or facilities used by any person conducting

11  a waste storage, waste treatment, waste disposal, waste

12  transfer or waste incineration operation, or a combination

13  thereof, for wastes generated by such person's own

14  activities, when such wastes are stored, treated, disposed

15  of, transferred or incinerated within the site or facility

16  owned, controlled or operated by such person, or when such

17  wastes are transported within or between sites or

18  facilities owned, controlled or operated by such person;

19  (4) sites or facilities at which the State is

20  performing removal or remedial action pursuant to Section

21  22.2 or 55.3;

22  (5) abandoned quarries used solely for the disposal of

23  concrete, earth materials, gravel, or aggregate debris

24  resulting from road construction activities conducted by a

25  unit of government or construction activities due to the

26  construction and installation of underground pipes, lines,
    HB5541 Enrolled        -4-  LRB104 19752 BDA 34191 b

1   conduit or wires off of the premises of a public utility

2   company which are conducted by a public utility;

3   (6) sites or facilities used by any person to

4   specifically conduct a landscape composting operation;

5   (7) regional facilities as defined in the Central

6   Midwest Interstate Low-Level Radioactive Waste Compact;

7   (8) the portion of a site or facility where coal

8   combustion wastes are stored or disposed of in accordance

9   with subdivision (r)(2) or (r)(3) of Section 21;

10  (9) the portion of a site or facility used for the

11  collection, storage or processing of waste tires as

12  defined in Title XIV;

13  (10) the portion of a site or facility used for

14  treatment of petroleum contaminated materials by

15  application onto or incorporation into the soil surface

16  and any portion of that site or facility used for storage

17  of petroleum contaminated materials before treatment. Only

18  those categories of petroleum listed in Section 57.9(a)(3)

19  are exempt under this subdivision (10);

20  (11) the portion of a site or facility where used oil

21  is collected or stored prior to shipment to a recycling or

22  energy recovery facility, provided that the used oil is

23  generated by households or commercial establishments, and

24  the site or facility is a recycling center or a business

25  where oil or gasoline is sold at retail;

26  (11.5) processing sites or facilities that receive
    HB5541 Enrolled       -5-   LRB104 19752 BDA 34191 b

1   only on-specification used oil, as defined in 35 Ill. Adm.

2   Code 739, originating from used oil collectors for

3   processing that is managed under 35 Ill. Adm. Code 739 to

4   produce products for sale to off-site petroleum

5   facilities, if these processing sites or facilities are:

6   (i) located within a home rule unit of local government

7   with a population of at least 30,000 according to the 2000

8   federal census, that home rule unit of local government

9   has been designated as an Urban Round II Empowerment Zone

10  by the United States Department of Housing and Urban

11  Development, and that home rule unit of local government

12  has enacted an ordinance approving the location of the

13  site or facility and provided funding for the site or

14  facility; and (ii) in compliance with all applicable

15  zoning requirements;

16  (12) the portion of a site or facility utilizing coal

17  combustion waste for stabilization and treatment of only

18  waste generated on that site or facility when used in

19  connection with response actions pursuant to the federal

20  Comprehensive Environmental Response, Compensation, and

21  Liability Act of 1980, the federal Resource Conservation

22  and Recovery Act of 1976, or the Illinois Environmental

23  Protection Act or as authorized by the Agency;

24  (13) the portion of a site or facility regulated under

25  Section 22.38 of this Act;

26  (14) the portion of a site or facility, located within
    HB5541 Enrolled  -6-  LRB104 19752 BDA 34191 b

1   a unit of local government that has enacted local zoning

2   requirements, used to accept, separate, and process

3   uncontaminated broken concrete, with or without protruding

4   metal bars, provided that the uncontaminated broken

5   concrete and metal bars are not speculatively accumulated,

6   are at the site or facility no longer than one year after

7   their acceptance, and are returned to the economic

8   mainstream in the form of raw materials or products;

9   (15) the portion of a site or facility located in a

10  county with a population over 3,000,000 that has obtained

11  local siting approval under Section 39.2 of this Act for a

12  municipal waste incinerator on or before July 1, 2005 and

13  that is used for a non-hazardous waste transfer station;

14  (16) a site or facility that temporarily holds in

15  transit for 10 days or less, non-putrescible solid waste

16  in original containers, no larger in capacity than 500

17  gallons, provided that such waste is further transferred

18  to a recycling, disposal, treatment, or storage facility

19  on a non-contiguous site and provided such site or

20  facility complies with the applicable 10-day transfer

21  requirements of the federal Resource Conservation and

22  Recovery Act of 1976 and United States Department of

23  Transportation hazardous material requirements. For

24  purposes of this Section only, "non-putrescible solid

25  waste" means waste other than municipal garbage that does

26  not rot or become putrid, including, but not limited to,
    HB5541 Enrolled  -7-  LRB104 19752 BDA 34191 b

1   paints, solvent, filters, and absorbents;

2   (17) the portion of a site or facility located in a

3   county with a population greater than 3,000,000 that has

4   obtained local siting approval, under Section 39.2 of this

5   Act, for a municipal waste incinerator on or before July

6   1, 2005 and that is used for wood combustion facilities

7   for energy recovery that accept and burn only wood

8   material, as included in a fuel specification approved by

9   the Agency;

10  (18) a transfer station used exclusively for landscape

11  waste, including a transfer station where landscape waste

12  is ground to reduce its volume, where the landscape waste

13  is held no longer than 24 hours from the time it was

14  received;

15  (19) the portion of a site or facility that (i) is used

16  for the composting of organic waste of food scrap,

17  livestock waste, crop residue, uncontaminated wood waste,

18  or paper waste, including, but not limited to, corrugated

19  paper or cardboard, and (ii) meets all of the following

20  requirements:

21  (A) There must not be more than a total of 30,000

22  cubic yards of livestock waste in raw form or in the

23  process of being composted at the site or facility at

24  any one time.

25  (B) All organic waste food scrap, livestock waste,

26  crop residue, uncontaminated wood waste, and paper
    HB5541 Enrolled  -8-        LRB104 19752 BDA 34191 b

1   waste must, by the end of each operating day, be

2   processed and placed into an enclosed vessel in which

3   air flow and temperature are controlled, or all of the

4   following additional requirements must be met:

5                    (i) The portion of the site or facility used

6   for the composting operation must include a

7   setback of at least 200 feet from the nearest

8   potable water supply well.

9                    (ii) The portion of the site or facility used

10  for the composting operation must be located

11  outside the boundary of the 10-year floodplain or

12  floodproofed.

13                   (iii) Except in municipalities with more than

14  1,000,000 inhabitants, the portion of the site or

15  facility used for the composting operation must be

16  located at least one-eighth of a mile from the

17  nearest residence, other than a residence located

18  on the same property as the site or facility.

19                   (iv) The portion of the site or facility used

20  for the composting operation must be located at

21  least one-eighth of a mile from the property line

22  of all of the following areas:

23                   (I) Facilities that primarily serve to

24                   house or treat people that are

25                   immunocompromised or immunosuppressed, such as

26                   cancer or AIDS patients; people with asthma,
    HB5541 Enrolled               -9-  LRB104 19752 BDA 34191 b

1                    cystic fibrosis, or bioaerosol allergies; or

2                    children under the age of one year.

3                    (II) Primary and secondary schools and

4                    adjacent areas that the schools use for

5                    recreation.

6                    (III) Any facility for child care licensed

7                    under Section 3 of the Child Care Act of 1969;

8                    preschools; and adjacent areas that the

9                    facilities or preschools use for recreation.

10                   (v) By the end of each operating day, all

11  organic waste food scrap, livestock waste, crop

12  residue, uncontaminated wood waste, and paper

13  waste must be (i) processed into windrows or other

14  piles and (ii) covered in a manner that prevents

15  scavenging by birds and animals and that prevents

16  other nuisances.

17  (C) Organic waste Food scrap, livestock waste,

18  crop residue, uncontaminated wood waste, paper waste,

19  and compost must not be placed within 5 feet of the

20  water table.

21  (D) The site or facility must meet all of the

22  requirements of the Wild and Scenic Rivers Act (16

23  U.S.C. 1271 et seq.).

24  (E) The site or facility must not (i) restrict the

25  flow of a 100-year flood, (ii) result in washout of

26  organic waste food scrap, livestock waste, crop
    HB5541 Enrolled  - 10 - LRB104 19752 BDA 34191 b

1   residue, uncontaminated wood waste, or paper waste

2   from a 100-year flood, or (iii) reduce the temporary

3   water storage capacity of the 100-year floodplain,

4   unless measures are undertaken to provide alternative

5   storage capacity, such as by providing lagoons,

6   holding tanks, or drainage around structures at the

7   facility.

8   (F) The site or facility must not be located in any

9   area where it may pose a threat of harm or destruction

10  to the features for which:

11                   (i) an irreplaceable historic or

12  archaeological site has been listed under the

13  National Historic Preservation Act (16 U.S.C. 470

14  et seq.) or the Illinois Historic Preservation

15  Act;

16                   (ii) a natural landmark has been designated by

17  the National Park Service or the Illinois State

18  Historic Preservation Office; or

19                   (iii) a natural area has been designated as a

20  Dedicated Illinois Nature Preserve under the

21  Illinois Natural Areas Preservation Act.

22  (G) The site or facility must not be located in an

23  area where it may jeopardize the continued existence

24  of any designated endangered species, result in the

25  destruction or adverse modification of the critical

26  habitat for such species, or cause or contribute to
    HB5541 Enrolled          - 11 - LRB104 19752 BDA 34191 b

1   the taking of any endangered or threatened species of

2   plant, fish, or wildlife listed under the Endangered

3   Species Act (16 U.S.C. 1531 et seq.) or the Illinois

4   Endangered Species Protection Act;

5   (20) the portion of a site or facility that is located

6   entirely within a home rule unit having a population of no

7   less than 120,000 and no more than 135,000, according to

8   the 2000 federal census, and that meets all of the

9   following requirements:

10       (i) the portion of the site or facility is used

11  exclusively to perform testing of a thermochemical

12  conversion technology using only woody biomass,

13  collected as landscape waste within the boundaries of

14  the home rule unit, as the hydrocarbon feedstock for

15  the production of synthetic gas in accordance with

16  Section 39.9 of this Act;

17       (ii) the portion of the site or facility is in

18  compliance with all applicable zoning requirements;

19  and

20       (iii) a complete application for a demonstration

21  permit at the portion of the site or facility has been

22  submitted to the Agency in accordance with Section

23  39.9 of this Act within one year after July 27, 2010

24  (the effective date of Public Act 96-1314);

25  (21) the portion of a site or facility used to perform

26  limited testing of a gasification conversion technology in
    HB5541 Enrolled  - 12 - LRB104 19752 BDA 34191 b

1   accordance with Section 39.8 of this Act and for which a

2   complete permit application has been submitted to the

3   Agency prior to one year from April 9, 2010 (the effective

4   date of Public Act 96-887);

5   (22) the portion of a site or facility that is used to

6   incinerate only pharmaceuticals from residential sources

7   that are collected and transported by law enforcement

8   agencies under Section 17.9A of this Act;

9   (23) the portion of a site or facility:

10  (A) that is used exclusively for the transfer of

11  commingled landscape waste and food waste food scrap

12  held at the site or facility for no longer than 24

13  hours after their receipt;

14  (B) that is located entirely within a home rule

15  unit having a population of (i) not less than 100,000

16  and not more than 115,000 according to the 2010

17  federal census, (ii) not less than 5,000 and not more

18  than 10,000 according to the 2010 federal census, or

19  (iii) not less than 25,000 and not more than 30,000

20  according to the 2010 federal census or that is

21  located in the unincorporated area of a county having

22  a population of not less than 700,000 and not more than

23  705,000 according to the 2010 federal census;

24  (C) that is permitted, by the Agency, prior to

25  January 1, 2002, for the transfer of landscape waste

26  if located in a home rule unit or that is permitted
    HB5541 Enrolled      - 13 - LRB104 19752 BDA 34191 b

1   prior to January 1, 2008 if located in an

2   unincorporated area of a county; and

3          (D) for which a permit application is submitted to

4   the Agency to modify an existing permit for the

5   transfer of landscape waste to also include, on a

6   demonstration basis not to exceed 24 months each time

7   a permit is issued, the transfer of commingled

8   landscape waste and food waste food scrap or for which

9   a permit application is submitted to the Agency within

10  6 months of August 11, 2017 (the effective date of

11  Public Act 100-94);

12  (24) the portion of a municipal solid waste landfill

13  unit:

14         (A) that is located in a county having a

15  population of not less than 55,000 and not more than

16  60,000 according to the 2010 federal census;

17         (B) that is owned by that county;

18         (C) that is permitted, by the Agency, prior to

19  July 10, 2015 (the effective date of Public Act

20  99-12); and

21         (D) for which a permit application is submitted to

22  the Agency within 6 months after July 10, 2015 (the

23  effective date of Public Act 99-12) for the disposal

24  of non-hazardous special waste;

25  (25) the portion of a site or facility used during a

26  mass animal mortality event, as defined in the Animal
    HB5541 Enrolled       - 14 - LRB104 19752 BDA 34191 b

1   Mortality Act, where such waste is collected, stored,

2   processed, disposed, or incinerated under a mass animal

3   mortality event plan issued by the Department of

4   Agriculture; and

5   (26) the portion of a mine used for the placement of

6   limestone residual materials generated from the treatment

7   of drinking water by a municipal utility in accordance

8   with rules adopted under Section 22.63.

9   (b) A new pollution control facility is:

10  (1) a pollution control facility initially permitted

11  for development or construction after July 1, 1981; or

12  (2) the area of expansion beyond the boundary of a

13  currently permitted pollution control facility; or

14  (3) a permitted pollution control facility requesting

15  approval to store, dispose of, transfer or incinerate, for

16  the first time, any special or hazardous waste.

17 (Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;

18 102-813, eff. 5-13-22; 103-333, eff. 1-1-24.)

19  (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)

20  Sec. 21. Prohibited acts. No person shall:

21  (a) Cause or allow the open dumping of any waste.

22  (b) Abandon, dump, or deposit any waste upon the public

23 highways or other public property, except in a sanitary

24 landfill approved by the Agency pursuant to regulations

25 adopted by the Board.
    HB5541 Enrolled          - 15 - LRB104 19752 BDA 34191 b

1   (c) Abandon any vehicle in violation of the "Abandoned

2 Vehicles Amendment to the Illinois Vehicle Code", as enacted

3 by the 76th General Assembly.

4   (d) Conduct any waste-storage, waste-treatment, or

5 waste-disposal operation:

6   (1) without a permit granted by the Agency or in

7   violation of any conditions imposed by such permit,

8   including periodic reports and full access to adequate

9   records and the inspection of facilities, as may be

10  necessary to assure compliance with this Act and with

11  regulations and standards adopted thereunder; provided,

12  however, that, except for municipal solid waste landfill

13  units that receive waste on or after October 9, 1993, and

14  CCR surface impoundments, no permit shall be required for

15  (i) any person conducting a waste-storage,

16  waste-treatment, or waste-disposal operation for wastes

17  generated by such person's own activities which are

18  stored, treated, or disposed within the site where such

19  wastes are generated, (ii) until one year after the

20  effective date of rules adopted by the Board under

21  subsection (n) of Section 22.38, a facility located in a

22  county with a population over 700,000 as of January 1,

23  2000, operated and located in accordance with Section

24  22.38 of this Act, and used exclusively for the transfer,

25  storage, or treatment of general construction or

26  demolition debris, provided that the facility was
    HB5541 Enrolled  - 16 - LRB104 19752 BDA 34191 b

1   receiving construction or demolition debris on August 24,

2   2009 (the effective date of Public Act 96-611), or (iii)

3   any person conducting a waste transfer, storage,

4   treatment, or disposal operation, including, but not

5   limited to, a waste transfer or waste composting

6   operation, under a mass animal mortality event plan

7   created by the Department of Agriculture;

8   (2) in violation of any regulations or standards

9   adopted by the Board under this Act;

10  (3) which receives waste after August 31, 1988, does

11  not have a permit issued by the Agency, and is (i) a

12  landfill used exclusively for the disposal of waste

13  generated at the site, (ii) a surface impoundment

14  receiving special waste not listed in an NPDES permit,

15  (iii) a waste pile in which the total volume of waste is

16  greater than 100 cubic yards or the waste is stored for

17  over one year, or (iv) a land treatment facility receiving

18  special waste generated at the site; without giving notice

19  of the operation to the Agency by January 1, 1989, or 30

20  days after the date on which the operation commences,

21  whichever is later, and every 3 years thereafter. The form

22  for such notification shall be specified by the Agency,

23  and shall be limited to information regarding: the name

24  and address of the location of the operation; the type of

25  operation; the types and amounts of waste stored, treated

26  or disposed of on an annual basis; the remaining capacity
    HB5541 Enrolled       - 17 - LRB104 19752 BDA 34191 b

1   of the operation; and the remaining expected life of the

2   operation.

3   Item (3) of this subsection (d) shall not apply to any

4 person engaged in agricultural activity who is disposing of a

5 substance that constitutes solid waste, if the substance was

6 acquired for use by that person on his own property, and the

7 substance is disposed of on his own property in accordance

8 with regulations or standards adopted by the Board.

9   This subsection (d) shall not apply to hazardous waste.

10  (e) Dispose, treat, store or abandon any waste, or

11 transport any waste into this State for disposal, treatment,

12 storage or abandonment, except at a site or facility which

13 meets the requirements of this Act and of regulations and

14 standards thereunder.

15  (f) Conduct any hazardous waste-storage, hazardous

16 waste-treatment or hazardous waste-disposal operation:

17  (1) without a RCRA permit for the site issued by the

18  Agency under subsection (d) of Section 39 of this Act, or

19  in violation of any condition imposed by such permit,

20  including periodic reports and full access to adequate

21  records and the inspection of facilities, as may be

22  necessary to assure compliance with this Act and with

23  regulations and standards adopted thereunder; or

24  (2) in violation of any regulations or standards

25  adopted by the Board under this Act; or

26  (3) in violation of any RCRA permit filing requirement
    HB5541 Enrolled  - 18 - LRB104 19752 BDA 34191 b

1   established under standards adopted by the Board under

2   this Act; or

3          (4) in violation of any order adopted by the Board

4   under this Act.

5   Notwithstanding the above, no RCRA permit shall be

6 required under this subsection or subsection (d) of Section 39

7 of this Act for any person engaged in agricultural activity

8 who is disposing of a substance which has been identified as a

9 hazardous waste, and which has been designated by Board

10 regulations as being subject to this exception, if the

11 substance was acquired for use by that person on his own

12 property and the substance is disposed of on his own property

13 in accordance with regulations or standards adopted by the

14 Board.

15  (g) Conduct any hazardous waste-transportation operation:

16         (1) without registering with and obtaining a special

17  waste hauling permit from the Agency in accordance with

18  the regulations adopted by the Board under this Act; or

19         (2) in violation of any regulations or standards

20  adopted by the Board under this Act.

21  (h) Conduct any hazardous waste-recycling or hazardous

22 waste-reclamation or hazardous waste-reuse operation in

23 violation of any regulations, standards or permit requirements

24 adopted by the Board under this Act.

25  (i) Conduct any process or engage in any act which

26 produces hazardous waste in violation of any regulations or
    HB5541 Enrolled             - 19 - LRB104 19752 BDA 34191 b

1 standards adopted by the Board under subsections (a) and (c)

2 of Section 22.4 of this Act.

3   (j) Conduct any special waste-transportation operation in

4 violation of any regulations, standards or permit requirements

5 adopted by the Board under this Act. However, sludge from a

6 water or sewage treatment plant owned and operated by a unit of

7 local government which (1) is subject to a sludge management

8 plan approved by the Agency or a permit granted by the Agency,

9 and (2) has been tested and determined not to be a hazardous

10 waste as required by applicable State and federal laws and

11 regulations, may be transported in this State without a

12 special waste hauling permit, and the preparation and carrying

13 of a manifest shall not be required for such sludge under the

14 rules of the Pollution Control Board. The unit of local

15 government which operates the treatment plant producing such

16 sludge shall file an annual report with the Agency identifying

17 the volume of such sludge transported during the reporting

18 period, the hauler of the sludge, and the disposal sites to

19 which it was transported. This subsection (j) shall not apply

20 to hazardous waste.

21  (k) Fail or refuse to pay any fee imposed under this Act.

22  (l) Locate a hazardous waste disposal site above an active

23 or inactive shaft or tunneled mine or within 2 miles of an

24 active fault in the earth's crust. In counties of population

25 less than 225,000 no hazardous waste disposal site shall be

26 located (1) within 1 1/2 miles of the corporate limits as
    HB5541 Enrolled    - 20 - LRB104 19752 BDA 34191 b

1 defined on June 30, 1978, of any municipality without the

2 approval of the governing body of the municipality in an

3 official action; or (2) within 1000 feet of an existing

4 private well or the existing source of a public water supply

5 measured from the boundary of the actual active permitted site

6 and excluding existing private wells on the property of the

7 permit applicant. The provisions of this subsection do not

8 apply to publicly owned sewage works or the disposal or

9 utilization of sludge from publicly owned sewage works.

10  (m) Transfer interest in any land which has been used as a

11 hazardous waste disposal site without written notification to

12 the Agency of the transfer and to the transferee of the

13 conditions imposed by the Agency upon its use under subsection

14 (g) of Section 39.

15  (n) Use any land which has been used as a hazardous waste

16 disposal site except in compliance with conditions imposed by

17 the Agency under subsection (g) of Section 39.

18  (o) Conduct a sanitary landfill operation which is

19 required to have a permit under subsection (d) of this

20 Section, in a manner which results in any of the following

21 conditions:

22  (1) refuse in standing or flowing waters;

23  (2) leachate flows entering waters of the State;

24  (3) leachate flows exiting the landfill confines (as

25  determined by the boundaries established for the landfill

26  by a permit issued by the Agency);
    HB5541 Enrolled     - 21 - LRB104 19752 BDA 34191 b

1   (4) open burning of refuse in violation of Section 9

2   of this Act;

3   (5) uncovered refuse remaining from any previous

4   operating day or at the conclusion of any operating day,

5   unless authorized by permit;

6   (6) failure to provide final cover within time limits

7   established by Board regulations;

8   (7) acceptance of wastes without necessary permits;

9   (8) scavenging as defined by Board regulations;

10  (9) deposition of refuse in any unpermitted portion of

11  the landfill;

12  (10) acceptance of a special waste without a required

13  manifest;

14  (11) failure to submit reports required by permits or

15  Board regulations;

16  (12) failure to collect and contain litter from the

17  site by the end of each operating day;

18  (13) failure to submit any cost estimate for the site

19  or any performance bond or other security for the site as

20  required by this Act or Board rules.

21  The prohibitions specified in this subsection (o) shall be

22 enforceable by the Agency either by administrative citation

23 under Section 31.1 of this Act or as otherwise provided by this

24 Act. The specific prohibitions in this subsection do not limit

25 the power of the Board to establish regulations or standards

26 applicable to sanitary landfills.
    HB5541 Enrolled             - 22 - LRB104 19752 BDA 34191 b

1   (p) In violation of subdivision (a) of this Section, cause

2 or allow the open dumping of any waste in a manner which

3 results in any of the following occurrences at the dump site:

4   (1) litter;

5   (2) scavenging;

6   (3) open burning;

7   (4) deposition of waste in standing or flowing waters;

8   (5) proliferation of disease vectors;

9   (6) standing or flowing liquid discharge from the dump

10  site;

11  (7) deposition of:

12         (i) general construction or demolition debris as

13  defined in Section 3.160(a) of this Act; or

14         (ii) clean construction or demolition debris as

15  defined in Section 3.160(b) of this Act.

16  The prohibitions specified in this subsection (p) shall be

17 enforceable by the Agency either by administrative citation

18 under Section 31.1 of this Act or as otherwise provided by this

19 Act. The specific prohibitions in this subsection do not limit

20 the power of the Board to establish regulations or standards

21 applicable to open dumping.

22  (q) Conduct a landscape waste composting operation without

23 an Agency permit, provided, however, that no permit shall be

24 required for any person:

25  (1) conducting a landscape waste composting operation

26  for landscape wastes generated by such person's own
    HB5541 Enrolled  - 23 - LRB104 19752 BDA 34191 b

1   activities which are stored, treated, or disposed of

2   within the site where such wastes are generated; or

3   (1.5) conducting a landscape waste composting

4   operation that (i) has no more than 25 cubic yards of

5   landscape waste, composting additives, composting

6   material, or end-product compost on-site at any one time

7   and (ii) is not engaging in commercial activity; or

8   (2) applying landscape waste or composted landscape

9   waste at agronomic rates; or

10  (2.5) operating a landscape waste composting facility

11  at a site having 10 or more occupied non-farm residences

12  within 1/2 mile of its boundaries, if the facility meets

13  all of the following criteria:

14  (A) the composting facility is operated by the

15  farmer on property on which the composting material is

16  utilized, and the composting facility constitutes no

17  more than 2% of the site's total acreage;

18  (A-5) any composting additives that the composting

19  facility accepts and uses at the facility are

20  necessary to provide proper conditions for composting

21  and do not exceed 10% of the total composting material

22  at the facility at any one time;

23  (B) the property on which the composting facility

24  is located, and any associated property on which the

25  compost is used, is principally and diligently devoted

26  to the production of agricultural crops and is not
    HB5541 Enrolled       - 24 - LRB104 19752 BDA 34191 b

1   owned, leased, or otherwise controlled by any waste

2   hauler or generator of nonagricultural compost

3   materials, and the operator of the composting facility

4   is not an employee, partner, shareholder, or in any

5   way connected with or controlled by any such waste

6   hauler or generator;

7   (C) all compost generated by the composting

8   facility, except incidental sales of finished compost,

9   is applied at agronomic rates and used as mulch,

10  fertilizer, or soil conditioner on land actually

11  farmed by the person operating the composting

12  facility, and the finished compost is not stored at

13  the composting site for a period longer than 18 months

14  prior to its application as mulch, fertilizer, or soil

15  conditioner;

16  (D) no fee is charged for the acceptance of

17  materials to be composted at the facility; and

18  (E) the owner or operator, by January 1, 2014 (or

19  the January 1 following commencement of operation,

20  whichever is later) and January 1 of each year

21  thereafter, registers the site with the Agency, (ii)

22  reports to the Agency on the volume of composting

23  material received and used at the site; (iii)

24  certifies to the Agency that the site complies with

25  the requirements set forth in subparagraphs (A),

26  (A-5), (B), (C), and (D) of this paragraph (2.5); and
    HB5541 Enrolled     - 25 - LRB104 19752 BDA 34191 b

1   (iv) certifies to the Agency that all composting

2   material was placed more than 200 feet from the

3   nearest potable water supply well, was placed outside

4   the boundary of the 10-year floodplain or on a part of

5   the site that is floodproofed, was placed at least

6   one-fourth of a 1/4 mile from the nearest residence

7   (other than a residence located on the same property

8   as the facility) or a lesser distance from the nearest

9   residence (other than a residence located on the same

10  property as the facility) if the municipality in which

11  the facility is located has by ordinance approved a

12  lesser distance than one-fourth of a 1/4 mile, and was

13  placed more than 5 feet above the water table; any

14  ordinance approving a residential setback of less than

15  one-fourth of a 1/4 mile that is used to meet the

16  requirements of this subparagraph (E) of paragraph

17  (2.5) of this subsection must specifically reference

18  this paragraph; or

19  (3) operating a landscape waste composting facility on

20  a farm, if the facility meets all of the following

21  criteria:

22  (A) the composting facility is operated by the

23  farmer on property on which the composting material is

24  utilized, and the composting facility constitutes no

25  more than 2% of the property's total acreage, except

26  that the Board may allow a higher percentage for
    HB5541 Enrolled  - 26 - LRB104 19752 BDA 34191 b

1   individual sites where the owner or operator has

2   demonstrated to the Board that the site's soil

3   characteristics or crop needs require a higher rate;

4   (A-1) the composting facility accepts from other

5   agricultural operations for composting with landscape

6   waste no materials other than uncontaminated and

7   source-separated (i) crop residue and other

8   agricultural plant residue generated from the

9   production and harvesting of crops and other customary

10  farm practices, including, but not limited to, stalks,

11  leaves, seed pods, husks, bagasse, and roots and (ii)

12  plant-derived animal bedding, such as straw or

13  sawdust, that is free of manure and was not made from

14  painted or treated wood;

15  (A-2) any composting additives that the composting

16  facility accepts and uses at the facility are

17  necessary to provide proper conditions for composting

18  and do not exceed 10% of the total composting material

19  at the facility at any one time;

20  (B) the property on which the composting facility

21  is located, and any associated property on which the

22  compost is used, is principally and diligently devoted

23  to the production of agricultural crops and is not

24  owned, leased or otherwise controlled by any waste

25  hauler or generator of nonagricultural compost

26  materials, and the operator of the composting facility
    HB5541 Enrolled       - 27 - LRB104 19752 BDA 34191 b

1   is not an employee, partner, shareholder, or in any

2   way connected with or controlled by any such waste

3   hauler or generator;

4   (C) all compost generated by the composting

5   facility, except incidental sales of finished compost,

6   is applied at agronomic rates and used as mulch,

7   fertilizer or soil conditioner on land actually farmed

8   by the person operating the composting facility, and

9   the finished compost is not stored at the composting

10  site for a period longer than 18 months prior to its

11  application as mulch, fertilizer, or soil conditioner;

12  (D) the owner or operator, by January 1 of each

13  year, (i) registers the site with the Agency, (ii)

14  reports to the Agency on the volume of composting

15  material received and used at the site and the volume

16  of material comprising the incidental sale of finished

17  compost under this subsection (q), (iii) certifies to

18  the Agency that the site complies with the

19  requirements set forth in subparagraphs (A), (A-1),

20  (A-2), (B), and (C) of this paragraph (q)(3), and (iv)

21  certifies to the Agency that all composting material:

22                   (I) was placed more than 200 feet from the

23  nearest potable water supply well;

24                   (II) was placed outside the boundary of the

25  10-year floodplain or on a part of the site that is

26  floodproofed;
    HB5541 Enrolled  - 28 - LRB104 19752 BDA 34191 b

1                    (III) was placed either (aa) at least

2   one-fourth of a 1/4 mile from the nearest

3   residence (other than a residence located on the

4   same property as the facility) and there are not

5   more than 10 occupied non-farm residences within

6   1/2 mile of the boundaries of the site on the date

7   of application or (bb) a lesser distance from the

8   nearest residence (other than a residence located

9   on the same property as the facility) provided

10  that the municipality or county in which the

11  facility is located has by ordinance approved a

12  lesser distance than one-fourth of a 1/4 mile and

13  there are not more than 10 occupied non-farm

14  residences within 1/2 mile of the boundaries of

15  the site on the date of application; and

16                   (IV) was placed more than 5 feet above the

17  water table.

18  Any ordinance approving a residential setback of

19  less than one-fourth of a 1/4 mile that is used to meet

20  the requirements of this subparagraph (D) must

21  specifically reference this subparagraph.

22  For the purposes of this subsection (q), "agronomic rates"

23 means the application of not more than 20 tons per acre per

24 year, except that the Board may allow a higher rate for

25 individual sites where the owner or operator has demonstrated

26 to the Board that the site's soil characteristics or crop
    HB5541 Enrolled             - 29 - LRB104 19752 BDA 34191 b

1 needs require a higher rate.

2   For the purposes of this subsection (q), "incidental sale

3 of finished compost" means the sale of finished compost that

4 meets general use compost standards and is no more than 20% or

5 300 cubic yards, whichever is less, of the total compost

6 created annually by a private landowner for the landowner's

7 own use.

8   (r) Cause or allow the storage or disposal of coal

9 combustion waste unless:

10          (1) such waste is stored or disposed of at a site or

11  facility for which a permit has been obtained or is not

12  otherwise required under subsection (d) of this Section;

13  or

14          (2) such waste is stored or disposed of as a part of

15  the design and reclamation of a site or facility which is

16  an abandoned mine site in accordance with the Abandoned

17  Mined Lands and Water Reclamation Act; or

18          (3) such waste is stored or disposed of at a site or

19  facility which is operating under NPDES and Subtitle D

20  permits issued by the Agency pursuant to regulations

21  adopted by the Board for mine-related water pollution and

22  permits issued pursuant to the federal Surface Mining

23  Control and Reclamation Act of 1977 (P.L. 95-87) or the

24  rules and regulations thereunder or any law or rule or

25  regulation adopted by the State of Illinois pursuant

26  thereto, and the owner or operator of the facility agrees
    HB5541 Enrolled  - 30 - LRB104 19752 BDA 34191 b

1   to accept the waste; and either:

2   (i) such waste is stored or disposed of in

3   accordance with requirements applicable to refuse

4   disposal under regulations adopted by the Board for

5   mine-related water pollution and pursuant to NPDES and

6   Subtitle D permits issued by the Agency under such

7   regulations; or

8   (ii) the owner or operator of the facility

9   demonstrates all of the following to the Agency, and

10  the facility is operated in accordance with the

11  demonstration as approved by the Agency: (1) the

12  disposal area will be covered in a manner that will

13  support continuous vegetation, (2) the facility will

14  be adequately protected from wind and water erosion,

15  (3) the pH will be maintained so as to prevent

16  excessive leaching of metal ions, and (4) adequate

17  containment or other measures will be provided to

18  protect surface water and groundwater from

19  contamination at levels prohibited by this Act, the

20  Illinois Groundwater Protection Act, or regulations

21  adopted pursuant thereto.

22  Notwithstanding any other provision of this Title, the

23 disposal of coal combustion waste pursuant to item (2) or (3)

24 of this subdivision (r) shall be exempt from the other

25 provisions of this Title V, and notwithstanding the provisions

26 of Title X of this Act, the Agency is authorized to grant
    HB5541 Enrolled        - 31 - LRB104 19752 BDA 34191 b

1 experimental permits which include provision for the disposal

2 of wastes from the combustion of coal and other materials

3 pursuant to items (2) and (3) of this subdivision (r).

4   (s) After April 1, 1989, offer for transportation,

5 transport, deliver, receive or accept special waste for which

6 a manifest is required, unless the manifest indicates that the

7 fee required under Section 22.8 of this Act has been paid.

8   (t) Cause or allow a lateral expansion of a municipal

9 solid waste landfill unit on or after October 9, 1993, without

10 a permit modification, granted by the Agency, that authorizes

11 the lateral expansion.

12  (u) Conduct any vegetable by-product treatment, storage,

13 disposal or transportation operation in violation of any

14 regulation, standards or permit requirements adopted by the

15 Board under this Act. However, no permit shall be required

16 under this Title V for the land application of vegetable

17 by-products conducted pursuant to Agency permit issued under

18 Title III of this Act to the generator of the vegetable

19 by-products. In addition, vegetable by-products may be

20 transported in this State without a special waste hauling

21 permit, and without the preparation and carrying of a

22 manifest.

23  (v) (Blank).

24  (w) Conduct any generation, transportation, or recycling

25 of construction or demolition debris, clean or general, or

26 uncontaminated soil generated during construction, remodeling,
HB5541 Enrolled  - 32 - LRB104 19752 BDA 34191 b

 1 repair, and demolition of utilities, structures, and roads
 2 that is not commingled with any waste, without the maintenance
 3 of documentation identifying the hauler, generator, place of
 4 origin of the debris or soil, the weight or volume of the
 5 debris or soil, and the location, owner, and operator of the
 6 facility where the debris or soil was transferred, disposed,
 7 recycled, or treated. This documentation must be maintained by
 8 the generator, transporter, or recycler for 3 years. This
 9 subsection (w) shall not apply to (1) a permitted pollution
10 control facility that transfers or accepts construction or
11 demolition debris, clean or general, or uncontaminated soil
12 for final disposal, recycling, or treatment, (2) a public
13 utility (as that term is defined in the Public Utilities Act)
14 or a municipal utility, (3) the Illinois Department of
15 Transportation, or (4) a municipality or a county highway
16 department, with the exception of any municipality or county
17 highway department located within a county having a population
18 of over 3,000,000 inhabitants or located in a county that is
19 contiguous to a county having a population of over 3,000,000
20 inhabitants; but it shall apply to an entity that contracts
21 with a public utility, a municipal utility, the Illinois
22 Department of Transportation, or a municipality or a county
23 highway department. The terms "generation" and "recycling", as
24 used in this subsection, do not apply to clean construction or
25 demolition debris when (i) used as fill material below grade
26 outside of a setback zone if covered by sufficient
    HB5541 Enrolled          - 33 - LRB104 19752 BDA 34191 b

1 uncontaminated soil to support vegetation within 30 days of

2 the completion of filling or if covered by a road or structure,

3 (ii) solely broken concrete without protruding metal bars is

4 used for erosion control, or (iii) milled asphalt or crushed

5 concrete is used as aggregate in construction of the shoulder

6 of a roadway. The terms "generation" and "recycling", as used

7 in this subsection, do not apply to uncontaminated soil that

8 is not commingled with any waste when (i) used as fill material

9 below grade or contoured to grade, or (ii) used at the site of

10 generation.

11  (y) Inject any carbon dioxide stream produced by a carbon

12 dioxide capture project into a Class II well, as defined by the

13 Board under this Act, or a Class VI well converted from a Class

14 II well, for purposes of enhanced oil or gas recovery,

15 including, but not limited to, the facilitation of enhanced

16 oil or gas recovery from another well.

17  (z) Sell or transport concentrated carbon dioxide stream

18 produced by a carbon dioxide capture project for use in

19 enhanced oil or gas recovery.

20  (aa) Operate a carbon sequestration activity in a manner

21 that causes, threatens, or allows the release of carbon

22 dioxide so as to tend to cause water pollution in this State.

23  (bb) Conduct an organic waste composting operation without

24 an Agency permit, provided, however, that no permit shall be

25 required for any person:

26  (1) conducting an organic waste composting operation
    HB5541 Enrolled       - 34 - LRB104 19752 BDA 34191 b

1   for organic wastes generated by such person's own

2   activities which are stored, treated, or disposed of

3   within the site where such wastes are generated; or

4   (2) conducting an organic waste composting operation

5   that (i) has not more than 50 cubic yards of organic waste,

6   composting additives, composting material, or end-product

7   compost on-site at any one time and (ii) is not engaging in

8   commercial activity.

9   Landscape waste composting operations, including landscape

10 waste composting operations that accept organic waste as an

11 additive, are subject to subsection (q) rather than this

12 subsection (bb).

13 (Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;

14 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff.

15 1-1-24; 103-651, eff. 7-18-24.)

16  (415 ILCS 5/22.34)

17  Sec. 22.34. Organic waste compost quality standards.

18  (a) The Agency may develop and make recommendations to the

19 Board concerning (i) performance standards for organic waste

20 compost facilities and (ii) testing procedures and standards

21 for the end-product compost produced by organic waste compost

22 facilities.

23  The Agency, in cooperation with the Department, shall

24 appoint a Technical Advisory Committee for the purpose of

25 developing these recommendations. Among other things, the
    HB5541 Enrolled  - 35 - LRB104 19752 BDA 34191 b

1 Committee shall evaluate environmental and safety

2 considerations, compliance costs, and regulations adopted in

3 other states and countries. The Committee shall have balanced

4 representation and shall include members representing

5 academia, the composting industry, the Department of

6 Agriculture, the landscaping industry, environmental

7 organizations, municipalities, and counties.

8   Performance standards for organic waste compost facilities

9 may include, but are not limited to:

10       (1) the management of potential exposures for human

11  disease vectors and odor;

12       (2) the management of surface water;

13       (3) contingency planning for handling end-product

14  compost material that does not meet end-product compost

15  standards adopted by the Board;

16       (4) plans for intended purposes of end-use product;

17  and

18       (5) a financial assurance plan necessary to restore

19  the site as specified in Agency permit. The financial

20  assurance plan may include, but is not limited to, posting

21  with the Agency a performance bond or other security for

22  the purpose of ensuring site restoration.

23  (b) No later than one year after the Agency makes

24 recommendations to the Board under subsection (a) of this

25 Section, the Board shall adopt, as applicable:

26       (1) performance standards for organic waste compost
    HB5541 Enrolled          - 36 - LRB104 19752 BDA 34191 b

1   facilities; and

2           (2) testing procedures and standards for the

3   end-product compost produced by organic waste compost

4   facilities.

5   The Board shall evaluate the merits of different standards

6 for end-product compost applications.

7   (c) On-site residential composting that is used solely for

8 the purpose of composting organic waste generated on-site and

9 that will not be offered for off-site sale or use is exempt

10 from any standards promulgated under subsections (a) and (b).

11 Subsection (b)(2) shall not apply to end-product compost used

12 as daily cover or vegetative amendment in the final layer.

13 Subsection (b) applies to any end-product compost offered for

14 sale or use in Illinois.

15  (d) (Blank). For the purposes of this Section, "organic

16 waste" means food scrap, landscape waste, wood waste,

17 livestock waste, crop residue, paper waste, or other

18 non-hazardous carbonaceous waste that is collected and

19 processed separately from the rest of the municipal waste

20 stream.

21  (e) Except as otherwise provided in Board rules, solid

22 waste permits for organic waste composting facilities shall be

23 issued under the Board's Solid Waste rules at 35 Ill. Adm. Code

24 807. The permits must include, but shall not be limited to,

25 measures designed to reduce pathogens in the compost.

26  (f) Standards adopted under this Section do not apply to
   HB5541 Enrolled          - 37 - LRB104 19752 BDA 34191 b

1 compost operations exempt from permitting under paragraph
2 (1.5) of subsection (q) or under paragraph (2) of subsection
3 (bb) of Section 21 of this Act.
4 (Source: P.A. 98-239, eff. 8-9-13.)

5  (415 ILCS 5/3.197 rep.)

6  Section 10. The Environmental Protection Act is amended by

7 repealing Section 3.197.
Every fact on this page links to its source, starting with the official bill record.