FOOD WASTE&COMPOSTING

Illinois General Assembly - Full Text of HB5541

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Full Text of HB5541

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HB5541 - 104th General Assembly

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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.

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