EPA-SOLID WASTE-FOOD WASTE

Illinois General Assembly - Full Text of SB2852

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2852

Introduced 1/13/2026, by Sen. Adriane Johnson

SYNOPSIS AS INTRODUCED:

See Index

Amends the Environmental Protection Act. Defines the terms "anaerobic
digester", "anaerobic digestion", "digestate", and "food waste processing
facility". Replaces the definition of "food scrap" with the definition of
"food waste". Replaces references to food scrap with references to food
waste. Makes changes to provisions concerning pollution control facilities
to exclude the portion of a site or facility that is used exclusively for
the processing of food waste, with certain other requirements. Provides an
exception for the commingling of certain food waste and landscape waste
from certain provisions regarding landscape waste. Amends the Solid Waste
Planning and Recycling Act. Adds to requirements for county waste
management plan recycling programs. Amends the Illinois Solid Waste
Management Act. Establishes a food and food waste management hierarchy.
Requires a covered establishment to carry out certain duties with respect
to food waste. Provides for rulemaking, enforcement, and penalties with
respect to provisions concerning food waste. Establishes requirements and
procedures for diverting food that is safe for human consumption. Requires
certain State agencies and units of local government to purchase and use
compost and digestate, with certain requirements. Establishes a food
diversion grant program. Defines terms. Effective immediately.
LRB104 17205 BDA 30625 b

A BILL FOR

SB2852
LRB104 17205 BDA 30625 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 3.197, 3.330, and 22.22 and by adding
6
Sections 3.121, 3.122, 3.183, 3.198, 22.22a, 22.34, and 22.55
7
as follows:

8

(415 ILCS 5/3.121 new)
9

Sec. 3.121.
Anaerobic digester.
"Anaerobic digester" means
10
a site or facility that treats the organic fraction of waste
11
using anaerobic digestion.

12

(415 ILCS 5/3.122 new)
13

Sec. 3.122.
Anaerobic digestion.
"Anaerobic digestion"
14
means the biological treatment process by which microorganisms
15
break down the organic fraction of waste in the absence of
16
oxygen in an enclosed vessel to produce biogas and digestate.

17

(415 ILCS 5/3.183 new)
18

Sec. 3.183.
Digestate.
"Digestate" means a solid,
19
semi-solid, or liquid material remaining after anaerobic
20
digestion of organic waste.

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1

(415 ILCS 5/3.197)
2

Sec. 3.197.
Food
waste

scrap
.
"Food
waste

scrap
" means
3
garbage that is (i) capable of being decomposed into compost
4
by composting, (ii) separated by the generator from other
5
waste, including, but not limited to, garbage that is not
6
capable of being decomposed into compost by composting, and
7
(iii) managed separately from other waste, including, but not
8
limited to, garbage that is not capable of being decomposed
9
into compost by composting.
"Food scrap" includes, but is not
10
limited to, packaging, utensils, and food containers composed
11
of readily biodegradable material. For the purposes of this
12
Section, packaging, utensils, and food containers are readily
13
biodegradable if they meet the ASTM D6400 standard.
14
(Source: P.A. 96-418, eff. 1-1-10.)

15

(415 ILCS 5/3.198 new)
16

Sec. 3.198.
Food waste processing facility.
"Food waste
17
processing facility" means an intermediate processing facility
18
permitted by the Agency to accept food waste only for removal
19
of food waste from its original packaging or for processing
20
the food waste to make it suitable for either transporting to
21
an Agency-permitted composting facility or anaerobic digester.

22

(415 ILCS 5/3.330)

(was 415 ILCS 5/3.32)
23

Sec. 3.330.
Pollution control facility.
24

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

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1
site, sanitary landfill, waste disposal site, waste transfer
2
station, waste treatment facility, or waste incinerator. This
3
includes sewers, sewage treatment plants, and any other
4
facilities owned or operated by sanitary districts organized
5
under the Metropolitan Water Reclamation District Act.
6

The following are not pollution control facilities:
7

(1) (blank);
8

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

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

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

transfer or waste incineration operation, or a combination
12

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

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

of, transferred or incinerated within the site or facility
15

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

wastes are transported within or between sites or
17

facilities owned, controlled or operated by such person;
18

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

performing removal or remedial action pursuant to Section
20

22.2 or 55.3;
21

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

concrete, earth materials, gravel, or aggregate debris
23

resulting from road construction activities conducted by a
24

unit of government or construction activities due to the
25

construction and installation of underground pipes, lines,
26

conduit or wires off of the premises of a public utility

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1

company which are conducted by a public utility;
2

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

specifically conduct a landscape composting operation;
4

(7) regional facilities as defined in the Central
5

Midwest Interstate Low-Level Radioactive Waste Compact;
6

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

combustion wastes are stored or disposed of in accordance
8

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

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

collection, storage or processing of waste tires as
11

defined in Title XIV;
12

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

treatment of petroleum contaminated materials by
14

application onto or incorporation into the soil surface
15

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

of petroleum contaminated materials before treatment. Only
17

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

are exempt under this subdivision (10);
19

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

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

energy recovery facility, provided that the used oil is
22

generated by households or commercial establishments, and
23

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

where oil or gasoline is sold at retail;
25

(11.5) processing sites or facilities that receive
26

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

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1

Code 739, originating from used oil collectors for
2

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

produce products for sale to off-site petroleum
4

facilities, if these processing sites or facilities are:
5

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

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

federal census, that home rule unit of local government
8

has been designated as an Urban Round II Empowerment Zone
9

by the United States Department of Housing and Urban
10

Development, and that home rule unit of local government
11

has enacted an ordinance approving the location of the
12

site or facility and provided funding for the site or
13

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

zoning requirements;
15

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

combustion waste for stabilization and treatment of only
17

waste generated on that site or facility when used in
18

connection with response actions pursuant to the federal
19

Comprehensive Environmental Response, Compensation, and
20

Liability Act of 1980, the federal Resource Conservation
21

and Recovery Act of 1976, or the Illinois Environmental
22

Protection Act or as authorized by the Agency;
23

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

Section 22.38 of this Act;
25

(14) the portion of a site or facility, located within
26

a unit of local government that has enacted local zoning

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1

requirements, used to accept, separate, and process
2

uncontaminated broken concrete, with or without protruding
3

metal bars, provided that the uncontaminated broken
4

concrete and metal bars are not speculatively accumulated,
5

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

their acceptance, and are returned to the economic
7

mainstream in the form of raw materials or products;
8

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

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

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

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

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

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

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

in original containers, no larger in capacity than 500
16

gallons, provided that such waste is further transferred
17

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

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

facility complies with the applicable 10-day transfer
20

requirements of the federal Resource Conservation and
21

Recovery Act of 1976 and United States Department of
22

Transportation hazardous material requirements. For
23

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

waste" means waste other than municipal garbage that does
25

not rot or become putrid, including, but not limited to,
26

paints, solvent, filters, and absorbents;

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

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

obtained local siting approval, under Section 39.2 of this
4

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

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

for energy recovery that accept and burn only wood
7

material, as included in a fuel specification approved by
8

the Agency;
9

(18) a transfer station used exclusively for landscape
10

waste, including a transfer station where landscape waste
11

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

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

received;
14

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

for the composting of food
waste

scrap
, livestock waste,
16

crop residue, uncontaminated wood waste, or paper waste,
17

including, but not limited to, corrugated paper or
18

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

requirements:
20

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

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

process of being composted at the site or facility at
23

any one time.
24

(B) All
food waste

food scrap
, livestock waste,
25

crop residue, uncontaminated wood waste, and paper
26

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

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LRB104 17205 BDA 30625 b
1

processed and placed into an enclosed vessel in which
2

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

following additional requirements must be met:
4

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

for the composting operation must include a
6

setback of at least 200 feet from the nearest
7

potable water supply well.
8

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

for the composting operation must be located
10

outside the boundary of the 10-year floodplain or
11

floodproofed.
12

(iii) Except in municipalities with more than
13

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

facility used for the composting operation must be
15

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

nearest residence, other than a residence located
17

on the same property as the site or facility.
18

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

for the composting operation must be located at
20

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

of all of the following areas:
22

(I) Facilities that primarily serve to
23

house or treat people that are
24

immunocompromised or immunosuppressed, such as
25

cancer or AIDS patients; people with asthma,
26

cystic fibrosis, or bioaerosol allergies; or

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LRB104 17205 BDA 30625 b
1

children under the age of one year.
2

(II) Primary and secondary schools and
3

adjacent areas that the schools use for
4

recreation.
5

(III) Any facility for child care licensed
6

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

preschools; and adjacent areas that the
8

facilities or preschools use for recreation.
9

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

waste

food scrap
, livestock waste, crop residue,
11

uncontaminated wood waste, and paper waste must be
12

(i) processed into windrows or other piles and
13

(ii) covered in a manner that prevents scavenging
14

by birds and animals and that prevents other
15

nuisances.
16

(C)
Food waste

Food scrap
, livestock waste, crop
17

residue, uncontaminated wood waste, paper waste, and
18

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

table.
20

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

requirements of the Wild and Scenic Rivers Act (16
22

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

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

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

food waste

food scrap
, livestock waste, crop residue,
26

uncontaminated wood waste, or paper waste from a

SB2852
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LRB104 17205 BDA 30625 b
1

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

storage capacity of the 100-year floodplain, unless
3

measures are undertaken to provide alternative storage
4

capacity, such as by providing lagoons, holding tanks,
5

or drainage around structures at the facility.
6

(F) The site or facility must not be located in any
7

area where it may pose a threat of harm or destruction
8

to the features for which:
9

(i) an irreplaceable historic or
10

archaeological site has been listed under the
11

National Historic Preservation Act (16 U.S.C. 470
12

et seq.) or the Illinois Historic Preservation
13

Act;
14

(ii) a natural landmark has been designated by
15

the National Park Service or the Illinois State
16

Historic Preservation Office; or
17

(iii) a natural area has been designated as a
18

Dedicated Illinois Nature Preserve under the
19

Illinois Natural Areas Preservation Act.
20

(G) The site or facility must not be located in an
21

area where it may jeopardize the continued existence
22

of any designated endangered species, result in the
23

destruction or adverse modification of the critical
24

habitat for such species, or cause or contribute to
25

the taking of any endangered or threatened species of
26

plant, fish, or wildlife listed under the Endangered

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1

Species Act (16 U.S.C. 1531 et seq.) or the Illinois
2

Endangered Species Protection Act;
3

(20) the portion of a site or facility that is located
4

entirely within a home rule unit having a population of no
5

less than 120,000 and no more than 135,000, according to
6

the 2000 federal census, and that meets all of the
7

following requirements:
8

(i) the portion of the site or facility is used
9

exclusively to perform testing of a thermochemical
10

conversion technology using only woody biomass,
11

collected as landscape waste within the boundaries of
12

the home rule unit, as the hydrocarbon feedstock for
13

the production of synthetic gas in accordance with
14

Section 39.9 of this Act;
15

(ii) the portion of the site or facility is in
16

compliance with all applicable zoning requirements;
17

and
18

(iii) a complete application for a demonstration
19

permit at the portion of the site or facility has been
20

submitted to the Agency in accordance with Section
21

39.9 of this Act within one year after July 27, 2010
22

(the effective date of Public Act 96-1314);
23

(21) the portion of a site or facility used to perform
24

limited testing of a gasification conversion technology in
25

accordance with Section 39.8 of this Act and for which a
26

complete permit application has been submitted to the

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1

Agency prior to one year from April 9, 2010 (the effective
2

date of Public Act 96-887);
3

(22) the portion of a site or facility that is used to
4

incinerate only pharmaceuticals from residential sources
5

that are collected and transported by law enforcement
6

agencies under Section 17.9A of this Act;
7

(23) the portion of a site or facility:
8

(A) that is used exclusively for the transfer of
9

commingled landscape waste and
food waste

food scrap

10

held at the site or facility for no longer than 24
11

hours after their receipt;
12

(B) that is located entirely within a home rule
13

unit having a population of (i) not less than 100,000
14

and not more than 115,000 according to the 2010
15

federal census, (ii) not less than 5,000 and not more
16

than 10,000 according to the 2010 federal census, or
17

(iii) not less than 25,000 and not more than 30,000
18

according to the 2010 federal census or that is
19

located in the unincorporated area of a county having
20

a population of not less than 700,000 and not more than
21

705,000 according to the 2010 federal census;
22

(C) that is permitted, by the Agency, prior to
23

January 1, 2002, for the transfer of landscape waste
24

if located in a home rule unit or that is permitted
25

prior to January 1, 2008 if located in an
26

unincorporated area of a county; and

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1

(D) for which a permit application is submitted to
2

the Agency to modify an existing permit for the
3

transfer of landscape waste to also include, on a
4

demonstration basis not to exceed 24 months each time
5

a permit is issued, the transfer of commingled
6

landscape waste and
food waste

food scrap
or for which
7

a permit application is submitted to the Agency within
8

6 months of August 11, 2017 (the effective date of
9

Public Act 100-94);
10

(24) the portion of a municipal solid waste landfill
11

unit:
12

(A) that is located in a county having a
13

population of not less than 55,000 and not more than
14

60,000 according to the 2010 federal census;
15

(B) that is owned by that county;
16

(C) that is permitted, by the Agency, prior to
17

July 10, 2015 (the effective date of Public Act
18

99-12); and
19

(D) for which a permit application is submitted to
20

the Agency within 6 months after July 10, 2015 (the
21

effective date of Public Act 99-12) for the disposal
22

of non-hazardous special waste;
23

(25) the portion of a site or facility used during a
24

mass animal mortality event, as defined in the Animal
25

Mortality Act, where such waste is collected, stored,
26

processed, disposed, or incinerated under a mass animal

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1

mortality event plan issued by the Department of
2

Agriculture;
and

3

(26) the portion of a mine used for the placement of
4

limestone residual materials generated from the treatment
5

of drinking water by a municipal utility in accordance
6

with rules adopted under Section 22.63
; and

.

7

(27) the portion of a site or facility that (i) is used
8

exclusively for the removal of food waste from its
9

original packaging or the processing of food waste to make
10

it suitable for transport to either a composting facility
11

or anaerobic digester and (ii) is located within the
12

permitted boundary of a waste-storage, waste-treatment, or
13

waste-disposal operation for which local siting approval
14

was granted pursuant to Section 39.2 of the Act or is
15

located within the permitted boundary of an
16

Agency-permitted composting facility or anaerobic
17

digester.

18

(b) A new pollution control facility is:
19

(1) a pollution control facility initially permitted
20

for development or construction after July 1, 1981; or
21

(2) the area of expansion beyond the boundary of a
22

currently permitted pollution control facility; or
23

(3) a permitted pollution control facility requesting
24

approval to store, dispose of, transfer or incinerate, for
25

the first time, any special or hazardous waste.
26
(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;

SB2852
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1
102-813, eff. 5-13-22; 103-333, eff. 1-1-24
.)

2

(415 ILCS 5/22.22)

(from Ch. 111 1/2, par. 1022.22)
3

Sec. 22.22.
Landscape waste.
4

(a) Beginning July 1, 1990, no person may knowingly mix
5
landscape waste that is intended for collection or for
6
disposal at a landfill with any other municipal waste.
7

(b) Beginning July 1, 1990, no person may knowingly put
8
landscape waste into a container intended for collection or
9
disposal at a landfill, unless such container is
10
biodegradable.
11

(c) Beginning July 1, 1990, no owner or operator of a
12
sanitary landfill shall accept landscape waste for final
13
disposal, except that landscape waste separated from municipal
14
waste may be accepted by a sanitary landfill if (1) the
15
landfill provides and maintains for that purpose separate
16
landscape waste composting facilities and composts all
17
landscape waste, and (2) the composted waste is utilized, by
18
the operators of the landfill or by any other person, as part
19
of the final vegetative cover for the landfill or for such
20
other uses as soil conditioning material, or the landfill has
21
received an Agency permit to use source separated and
22
processed landscape waste as an alternative daily cover and
23
the landscape waste is processed at a site, other than the
24
sanitary landfill, that has received an Agency permit before
25
July 30, 1997 to process landscape waste. For purposes of this

SB2852
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LRB104 17205 BDA 30625 b
1
Section, (i) "source separated" means divided into its
2
component parts at the point of generation and collected
3
separately from other solid waste and (ii) "processed" means
4
shredded by mechanical means to reduce the landscape waste to
5
a uniform consistency.
6

(d) The requirements of this Section shall not apply (i)
7
to landscape waste collected as part of a municipal street
8
sweeping operation where the intent is to provide street
9
sweeping service rather than leaf collection, nor (ii) to
10
landscape waste collected by bar screens or grates in a sewage
11
treatment system.
12

(e) The requirements of this Section shall not apply to
13
the mixing or commingling of food waste and landscape waste if
14
the commingled waste is directed to a location where it is
15
managed in a manner consistent with the food waste management
16
hierarchy described in subsection (a) of Section 11 of the
17
Illinois Solid Waste Management Act.
18
(Source: P.A. 92-574, eff. 6-26-02.)

19

(415 ILCS 5/22.22a new)
20

Sec. 22.22a.
Anaerobic digester feedstock and digestate.
21
An anaerobic digester shall only accept source-separated
22
organic materials as feedstock and shall treat digestate, as
23
needed, to be suitable as and used for soil amendment.

24

(415 ILCS 5/22.34)

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Sec. 22.34.
Organic waste compost quality standards.
2

(a) The Agency may develop and make recommendations to the
3
Board concerning (i) performance standards for organic waste
4
compost facilities and (ii) testing procedures and standards
5
for the end-product compost produced by organic waste compost
6
facilities.
7

The Agency, in cooperation with the Department, shall
8
appoint a Technical Advisory Committee for the purpose of
9
developing these recommendations. Among other things, the
10
Committee shall evaluate environmental and safety
11
considerations, compliance costs, and regulations adopted in
12
other states and countries. The Committee shall have balanced
13
representation and shall include members representing
14
academia, the composting industry, the Department of
15
Agriculture, the landscaping industry, environmental
16
organizations, municipalities, and counties.
17

Performance standards for organic waste compost facilities
18
may include, but are not limited to:

19

(1) the management of potential exposures for human
20

disease vectors and odor;

21

(2) the management of surface water;

22

(3) contingency planning for handling end-product
23

compost material that does not meet end-product compost
24

standards adopted by the Board;

25

(4) plans for intended purposes of end-use product;
26

and

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(5) a financial assurance plan necessary to restore
2

the site as specified in Agency permit. The financial
3

assurance plan may include, but is not limited to, posting
4

with the Agency a performance bond or other security for
5

the purpose of ensuring site restoration.
6

(b) No later than one year after the Agency makes
7
recommendations to the Board under subsection (a) of this
8
Section, the Board shall adopt, as applicable:

9

(1) performance standards for organic waste compost
10

facilities; and

11

(2) testing procedures and standards for the
12

end-product compost produced by organic waste compost
13

facilities.
14

The Board shall evaluate the merits of different standards
15
for end-product compost applications.
16

(c) On-site residential composting that is used solely for
17
the purpose of composting organic waste generated on-site and
18
that will not be offered for off-site sale or use is exempt
19
from any standards promulgated under subsections (a) and (b).
20
Subsection (b)(2) shall not apply to end-product compost used
21
as daily cover or vegetative amendment in the final layer.
22
Subsection (b) applies to any end-product compost offered for
23
sale or use in Illinois.
24

(d) For the purposes of this Section, "organic waste"
25
means
food waste

food scrap
, landscape waste, wood waste,
26
livestock waste, crop residue, paper waste, or other

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non-hazardous carbonaceous waste that is collected and
2
processed separately from the rest of the municipal waste
3
stream.
4

(e) Except as otherwise provided in Board rules, solid
5
waste permits for organic waste composting facilities shall be
6
issued under the Board's Solid Waste rules at 35 Ill. Adm. Code
7
807. The permits must include, but shall not be limited to,
8
measures designed to reduce pathogens in the compost.
9

(f) Standards adopted under this Section do not apply to
10
compost operations exempt from permitting under paragraph
11
(1.5) of subsection (q) of Section 21 of this Act.
12
(Source: P.A. 98-239, eff. 8-9-13.)

13

(415 ILCS 5/22.55)
14

Sec. 22.55.
Household waste drop-off points.

15

(a) Findings; purpose and intent.
16

(1) The General Assembly finds that protection of
17

human health and the environment can be enhanced if
18

certain commonly generated household wastes are managed
19

separately from the general household waste stream.
20

(2) The purpose of this Section is to provide, to the
21

extent allowed under federal law, a method for managing
22

certain types of household waste separately from the
23

general household waste stream.
24

(b) Definitions. For the purposes of this Section:
25

"Compostable waste" means household waste that is

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source-separated
food waste

food scrap
, household waste
2

that is source-separated landscape waste, or a mixture of
3

both.
4

"Controlled substance" means a controlled substance as
5

defined in the Illinois Controlled Substances Act.
6

"Household waste" means waste generated from a single
7

residence or multiple residences.
8

"Household waste drop-off point" means the portion of
9

a site or facility used solely for the receipt and
10

temporary storage of household waste.
11

"One-day compostable waste collection event" means a
12

household waste drop-off point approved by a county or
13

municipality under subsection (d-5) of this Section.
14

"One-day household waste collection event" means a
15

household waste drop-off point approved by the Agency
16

under subsection (d) of this Section.
17

"Permanent compostable waste collection point" means a
18

household waste drop-off point approved by a county or
19

municipality under subsection (d-6) of this Section.
20

"Personal care product" means an item other than a
21

pharmaceutical product that is consumed or applied by an
22

individual for personal health, hygiene, or cosmetic
23

reasons. Personal care products include, but are not
24

limited to, items used in bathing, dressing, or grooming.
25

"Pharmaceutical product" means medicine or a product
26

containing medicine. A pharmaceutical product may be sold

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by prescription or over the counter. "Pharmaceutical
2

product" does not include medicine that contains a
3

radioactive component or a product that contains a
4

radioactive component.
5

"Recycling coordinator" means the person designated by
6

each county waste management plan to administer the county
7

recycling program, as set forth in the Solid Waste
8

Management Act.
9

(c) Except as otherwise provided in Agency rules, the
10
following requirements apply to each household waste drop-off
11
point, other than a one-day household waste collection event,
12
one-day compostable waste collection event, or permanent
13
compostable waste collection point:
14

(1) A household waste drop-off point must not accept
15

waste other than the following types of household waste:
16

pharmaceutical products, personal care products, batteries
17

other than lead-acid batteries, paints, automotive fluids,
18

compact fluorescent lightbulbs, mercury thermometers, and
19

mercury thermostats. A household waste drop-off point may
20

accept controlled substances in accordance with federal
21

law.
22

(2) Except as provided in subdivision (c)(2) of this
23

Section, household waste drop-off points must be located
24

at a site or facility where the types of products accepted
25

at the household waste drop-off point are lawfully sold,
26

distributed, or dispensed. For example, household waste

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drop-off points that accept prescription pharmaceutical
2

products must be located at a site or facility where
3

prescription pharmaceutical products are sold,
4

distributed, or dispensed.
5

(A) Subdivision (c)(2) of this Section does not
6

apply to household waste drop-off points operated by a
7

government or school entity, or by an association or
8

other organization of government or school entities.
9

(B) Household waste drop-off points that accept
10

mercury thermometers can be located at any site or
11

facility where non-mercury thermometers are sold,
12

distributed, or dispensed.
13

(C) Household waste drop-off points that accept
14

mercury thermostats can be located at any site or
15

facility where non-mercury thermostats are sold,
16

distributed, or dispensed.
17

(3) The location of acceptance for each type of waste
18

accepted at the household waste drop-off point must be
19

clearly identified. Locations where pharmaceutical
20

products are accepted must also include a copy of the sign
21

required under subsection (j) of this Section.
22

(4) Household waste must be accepted only from private
23

individuals. Waste must not be accepted from other
24

persons, including, but not limited to, owners and
25

operators of rented or leased residences where the
26

household waste was generated, commercial haulers, and

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other commercial, industrial, agricultural, and government
2

operations or entities.
3

(5) If more than one type of household waste is
4

accepted, each type of household waste must be managed
5

separately prior to its packaging for off-site transfer.
6

(6) Household waste must not be stored for longer than
7

90 days after its receipt, except as otherwise approved by
8

the Agency in writing.
9

(7) Household waste must be managed in a manner that
10

protects against releases of the waste, prevents
11

nuisances, and otherwise protects human health and the
12

environment. Household waste must also be properly secured
13

to prevent unauthorized public access to the waste,
14

including, but not limited to, preventing access to the
15

waste during the non-business hours of the site or
16

facility on which the household waste drop-off point is
17

located. Containers in which pharmaceutical products are
18

collected must be clearly marked "No Controlled
19

Substances", unless the household waste drop-off point
20

accepts controlled substances in accordance with federal
21

law.
22

(8) Management of the household waste must be limited
23

to the following: (i) acceptance of the waste, (ii)
24

temporary storage of the waste prior to transfer, and
25

(iii) off-site transfer of the waste and packaging for
26

off-site transfer.

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(9) Off-site transfer of the household waste must
2

comply with federal and State laws and regulations.
3

(d) One-day household waste collection events. To further
4
aid in the collection of certain household wastes, the Agency
5
may approve the operation of one-day household waste
6
collection events. The Agency shall not approve a one-day
7
household waste collection event at the same site or facility
8
for more than one day each calendar quarter. Requests for
9
approval must be submitted on forms prescribed by the Agency.
10
The Agency must issue its approval in writing, and it may
11
impose conditions as necessary to protect human health and the
12
environment and to otherwise accomplish the purposes of this
13
Act. One-day household waste collection events must be
14
operated in accordance with the Agency's approval, including
15
all conditions contained in the approval. The following
16
requirements apply to all one-day household waste collection
17
events, in addition to the conditions contained in the
18
Agency's approval:
19

(1) Waste accepted at the event must be limited to
20

household waste and must not include garbage, landscape
21

waste, or other waste excluded by the Agency in the
22

Agency's approval or any conditions contained in the
23

approval. A one-day household waste collection event may
24

accept controlled substances in accordance with federal
25

law.
26

(2) Household waste must be accepted only from private

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individuals. Waste must not be accepted from other
2

persons, including, but not limited to, owners and
3

operators of rented or leased residences where the
4

household waste was generated, commercial haulers, and
5

other commercial, industrial, agricultural, and government
6

operations or entities.
7

(3) Household waste must be managed in a manner that
8

protects against releases of the waste, prevents
9

nuisances, and otherwise protects human health and the
10

environment. Household waste must also be properly secured
11

to prevent public access to the waste, including, but not
12

limited to, preventing access to the waste during the
13

event's non-business hours.
14

(4) Management of the household waste must be limited
15

to the following: (i) acceptance of the waste, (ii)
16

temporary storage of the waste before transfer, and (iii)
17

off-site transfer of the waste or packaging for off-site
18

transfer.
19

(5) Except as otherwise approved by the Agency, all
20

household waste received at the collection event must be
21

transferred off-site by the end of the day following the
22

collection event.
23

(6) The transfer and ultimate disposition of household
24

waste received at the collection event must comply with
25

the Agency's approval, including all conditions contained
26

in the approval.

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(d-5) One-day compostable waste collection event. To
2
further aid in the collection and composting of compostable
3
waste, as defined in subsection (b), a municipality may
4
approve the operation of one-day compostable waste collection
5
events at any site or facility within its territorial
6
jurisdiction, and a county may approve the operation of
7
one-day compostable waste collection events at any site or
8
facility in any unincorporated area within its territorial
9
jurisdiction. The approval granted under this subsection (d-5)
10
must be in writing; must specify the date, location, and time
11
of the event; and must list the types of compostable waste that
12
will be collected at the event. If the one-day compostable
13
waste collection event is to be operated at a location within a
14
county with a population of more than 400,000 but less than
15
2,000,000 inhabitants, according to the 2010 decennial census,
16
then the operator of the event shall, at least 30 days before
17
the event, provide a copy of the approval to the recycling
18
coordinator designated by that county. The approval granted
19
under this subsection (d-5) may include conditions imposed by
20
the county or municipality as necessary to protect public
21
health and prevent odors, vectors, and other nuisances. A
22
one-day compostable waste collection event approved under this
23
subsection (d-5) must be operated in accordance with the
24
approval, including all conditions contained in the approval.
25
The following requirements shall apply to the one-day
26
compostable waste collection event, in addition to the

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1
conditions contained in the approval:
2

(1) Waste accepted at the event must be limited to the
3

types of compostable waste authorized to be accepted under
4

the approval.
5

(2) Information promoting the event and signs at the
6

event must clearly indicate the types of compostable waste
7

approved for collection. To discourage the receipt of
8

other waste, information promoting the event and signs at
9

the event must also include:
10

(A) examples of compostable waste being collected;
11

and
12

(B) examples of waste that is not being collected.
13

(3) Compostable waste must be accepted only from
14

private individuals. It may not be accepted from other
15

persons, including, but not limited to, owners and
16

operators of rented or leased residences where it was
17

generated, commercial haulers, and other commercial,
18

industrial, agricultural, and government operations or
19

entities.
20

(4) Compostable waste must be managed in a manner that
21

protects against releases of the waste, prevents
22

nuisances, and otherwise protects human health and the
23

environment. Compostable waste must be properly secured to
24

prevent it from being accessed by the public at any time,
25

including, but not limited to, during the collection
26

event's non-operating hours. One-day compostable waste

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collection events must be adequately supervised during
2

their operating hours.
3

(5) Compostable waste must be secured in non-porous,
4

rigid, leak-proof containers that:
5

(A) are covered, except when the compostable waste
6

is being added to or removed from the containers or it
7

is otherwise necessary to access the compostable
8

waste;
9

(B) prevent precipitation from draining through
10

the compostable waste;
11

(C) prevent dispersion of the compostable waste by
12

wind;
13

(D) contain spills or releases that could create
14

nuisances or otherwise harm human health or the
15

environment;
16

(E) limit access to the compostable waste by
17

vectors;
18

(F) control odors and other nuisances; and
19

(G) provide for storage, removal, and off-site
20

transfer of the compostable waste in a manner that
21

protects its ability to be composted.
22

(6) No more than a total of 40 cubic yards of
23

compostable waste shall be located at the collection site
24

at any one time.
25

(7) Management of the compostable waste must be
26

limited to the following: (A) acceptance, (B) temporary

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1

storage before transfer, and (C) off-site transfer.
2

(8) All compostable waste received at the event must
3

be transferred off-site to a permitted compost facility by
4

no later than 48 hours after the event ends or by the end
5

of the first business day after the event ends, whichever
6

is sooner.
7

(9) If waste other than compostable waste is received
8

at the event, then that waste must be disposed of within 48
9

hours after the event ends or by the end of the first
10

business day after the event ends, whichever is sooner.
11

(d-6) Permanent compostable waste collection points. To
12
further aid in the collection and composting of compostable
13
waste, as defined in subsection (b), a municipality may
14
approve the operation of permanent compostable waste
15
collection points at any site or facility within its
16
territorial jurisdiction, and a county may approve the
17
operation of permanent compostable waste collection points at
18
any site or facility in any unincorporated area within its
19
territorial jurisdiction. The approval granted pursuant to
20
this subsection (d-6) must be in writing; must specify the
21
location, operating days, and operating hours of the
22
collection point; must list the types of compostable waste
23
that will be collected at the collection point; and must
24
specify a term of not more than 365 calendar days during which
25
the approval will be effective. In addition, if the permanent
26
compostable waste collection point is to be operated at a

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1
location within a county with a population of more than
2
400,000 but less than 2,000,000 inhabitants, according to the
3
2010 federal decennial census, then the operator of the
4
collection point shall, at least 30 days before the collection
5
point begins operation, provide a copy of the approval to the
6
recycling coordinator designated by that county. The approval
7
may include conditions imposed by the county or municipality
8
as necessary to protect public health and prevent odors,
9
vectors, and other nuisances. A permanent compostable waste
10
collection point approved pursuant to this subsection (d-6)
11
must be operated in accordance with the approval, including
12
all conditions contained in the approval. The following
13
requirements apply to the permanent compostable waste
14
collection point, in addition to the conditions contained in
15
the approval:
16

(1) Waste accepted at the collection point must be
17

limited to the types of compostable waste authorized to be
18

accepted under the approval.
19

(2) Information promoting the collection point and
20

signs at the collection point must clearly indicate the
21

types of compostable waste approved for collection. To
22

discourage the receipt of other waste, information
23

promoting the collection point and signs at the collection
24

point must also include (A) examples of compostable waste
25

being collected and (B) examples of waste that is not
26

being collected.

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(3) Compostable waste must be accepted only from
2

private individuals. It may not be accepted from other
3

persons, including, but not limited to, owners and
4

operators of rented or leased residences where it was
5

generated, commercial haulers, and other commercial,
6

industrial, agricultural, and government operations or
7

entities.
8

(4) Compostable waste must be managed in a manner that
9

protects against releases of the waste, prevents
10

nuisances, and otherwise protects human health and the
11

environment. Compostable waste must be properly secured to
12

prevent it from being accessed by the public at any time,
13

including, but not limited to, during the collection
14

point's non-operating hours. Permanent compostable waste
15

collection points must be adequately supervised during
16

their operating hours.
17

(5) Compostable waste must be secured in non-porous,
18

rigid, leak-proof containers that:
19

(A) are no larger than 10 cubic yards in size;
20

(B) are covered, except when the compostable waste
21

is being added to or removed from the container or it
22

is otherwise necessary to access the compostable
23

waste;
24

(C) prevent precipitation from draining through
25

the compostable waste;
26

(D) prevent dispersion of the compostable waste by

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1

wind;
2

(E) contain spills or releases that could create
3

nuisances or otherwise harm human health or the
4

environment;
5

(F) limit access to the compostable waste by
6

vectors;
7

(G) control odors and other nuisances; and
8

(H) provide for storage, removal, and off-site
9

transfer of the compostable waste in a manner that
10

protects its ability to be composted.
11

(6) No more than a total of 10 cubic yards of
12

compostable waste shall be located at the permanent
13

compostable waste collection site at any one time.
14

(7) Management of the compostable waste must be
15

limited to the following: (A) acceptance, (B) temporary
16

storage before transfer, and (C) off-site transfer.
17

(8) All compostable waste received at the permanent
18

compostable waste collection point must be transferred
19

off-site to a permitted compost facility not less
20

frequently than once every 7 days.
21

(9) If a permanent compostable waste collection point
22

receives waste other than compostable waste, then that
23

waste must be disposed of not less frequently than once
24

every 7 days.
25

(e) The Agency may adopt rules governing the operation of
26
household waste drop-off points, other than one-day household

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1
waste collection events, one-day compostable waste collection
2
events, and permanent compostable waste collection points.
3
Those rules must be designed to protect against releases of
4
waste to the environment, prevent nuisances, and otherwise
5
protect human health and the environment. As necessary to
6
address different circumstances, the regulations may contain
7
different requirements for different types of household waste
8
and different types of household waste drop-off points, and
9
the regulations may modify the requirements set forth in
10
subsection (c) of this Section. The regulations may include,
11
but are not limited to, the following: (i) identification of
12
additional types of household waste that can be collected at
13
household waste drop-off points, (ii) identification of the
14
different types of household wastes that can be received at
15
different household waste drop-off points, (iii) the maximum
16
amounts of each type of household waste that can be stored at
17
household waste drop-off points at any one time, and (iv) the
18
maximum time periods each type of household waste can be
19
stored at household waste drop-off points.
20

(f) Prohibitions.
21

(1) Except as authorized in a permit issued by the
22

Agency, no person shall cause or allow the operation of a
23

household waste drop-off point, other than a one-day
24

household waste collection event, one-day compostable
25

waste collection event, or permanent compostable waste
26

collection point, in violation of this Section or any

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1

regulations adopted under this Section.
2

(2) No person shall cause or allow the operation of a
3

one-day household waste collection event in violation of
4

this Section or the Agency's approval issued under
5

subsection (d) of this Section, including all conditions
6

contained in the approval.
7

(3) No person shall cause or allow the operation of a
8

one-day compostable waste collection event in violation of
9

this Section or the approval issued for the one-day
10

compostable waste collection event under subsection (d-5)
11

of this Section, including all conditions contained in the
12

approval.
13

(4) No person shall cause or allow the operation of a
14

permanent compostable waste collection event in violation
15

of this Section or the approval issued for the permanent
16

compostable waste collection point under subsection (d-6)
17

of this Section, including all conditions contained in the
18

approval.
19

(g) Permit exemptions.
20

(1) No permit is required under subdivision (d)(1) of
21

Section 21 of this Act for the operation of a household
22

waste drop-off point, other than a one-day household waste
23

collection event, one-day compostable waste collection
24

event, or permanent compostable waste collection point, if
25

the household waste drop-off point is operated in
26

accordance with this Section and all regulations adopted

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1

under this Section.
2

(2) No permit is required under subdivision (d)(1) of
3

Section 21 of this Act for the operation of a one-day
4

household waste collection event if the event is operated
5

in accordance with this Section and the Agency's approval
6

issued under subsection (d) of this Section, including all
7

conditions contained in the approval, or for the operation
8

of a household waste collection event by the Agency.
9

(3) No permit is required under paragraph (1) of
10

subsection (d) of Section 21 of this Act for the operation
11

of a one-day compostable waste collection event if the
12

compostable waste collection event is operated in
13

accordance with this Section and the approval issued for
14

the compostable waste collection point under subsection
15

(d-5) of this Section, including all conditions contained
16

in the approval.
17

(4) No permit is required under paragraph (1) of
18

subsection (d) of Section 21 of this Act for the operation
19

of a permanent compostable waste collection point if the
20

collection point is operated in accordance with this
21

Section and the approval issued for the compostable waste
22

collection event under subsection (d-6) of this Section,
23

including all conditions contained in the approval.
24

(h) This Section does not apply to the following:
25

(1) Persons accepting household waste that they are
26

authorized to accept under a permit issued by the Agency.

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1

(2) Sites or facilities operated pursuant to an
2

intergovernmental agreement entered into with the Agency
3

under Section 22.16b(d) of this Act.
4

(i) (Blank).
5

(j) (Blank).
6

(k) If an entity chooses to participate as a household
7
waste drop-off point, then it must follow the provisions of
8
this Section and any rules the Agency may adopt governing
9
household waste drop-off points.
10

(l) (Blank).
11
(Source: P.A. 102-1055, eff. 6-10-22.)

12

Section 10.
The Solid Waste Planning and Recycling Act is
13
amended by changing Section 6 as follows:

14

(415 ILCS 15/6)

(from Ch. 85, par. 5956)
15

Sec. 6.
Each county waste management plan adopted under
16
Section 4 shall include a recycling program
, and that

. Such

17
recycling program:
18

(1) shall be implemented throughout the county and include
19
a time schedule for implementation of the program
;

.
20

(2) shall provide for the designation of a recycling
21
coordinator to administer the program
;

.
22

(3) shall be designed to recycle, by the end of the third
23
and fifth years of the program, respectively 15% and 25% of the
24
municipal waste generated in the county, subject to the

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1
existence of a viable market for the recycled material, based
2
on measurements of recycling and waste generated in terms of
3
weight
; the

. The
determination of recycling rate shall not
4
include: discarded motor vehicles, wastes used for clean fill
5
or erosion control, or commercial, institutional or industrial
6
machinery or equipment
;

.
7

(4) may provide for the construction and operation of one
8
or more recycling centers by a unit of local government, or for
9
contracting with other public or private entities for the
10
operation of recycling centers
;

.
11

(5) may require residents of the county to separate
12
recyclable materials at the time of disposal or trash pick-up
;

13
.
14

(6) may make special provision for commercial and
15
institutional establishments that implement their own
16
specialized recycling programs, provided that such
17
establishments annually provide written documentation to the
18
county of the total number of tons of material recycled
;

.
19

(7) shall provide for separate collection and composting
20
of leaves
;

.
21

(8) shall include public education and notification
22
programs to foster understanding of and encourage compliance
23
with the recycling program
;

.
24

(9) shall include provisions for compliance, including
25
incentives and penalties
;

.
26

(10) shall include provisions for (i) recycling the

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1
collected materials, (ii) identifying potential markets for at
2
least 3 recyclable materials, and (iii) promoting the use of
3
products made from recovered or recycled materials among
4
businesses, newspapers and local governments in the county
;

.
5

(11) may provide for the payment of recycling diversion
6
credits to public and private parties engaged in recycling
7
activities
;

.
8

(12) may describe, and quantify to the extent possible,
9
residential and non-residential food waste collection
10
programs, including residential programs that allow food waste
11
collection service combined with landscape waste or
12
segregated;
13

(13) may require that residential or non-residential
14
sources separate food waste from municipal waste at the time
15
of disposal or trash pick-up; and
16

(14) may evaluate markets for finished compost, encourage
17
its use by units of local government, and quantify the volume
18
or weight used to the extent possible.

19
(Source: P.A. 86-777; 87-650.)

20

Section 15.
The Illinois Solid Waste Management Act is
21
amended by changing Section 2.1 and by adding Sections 11, 12,
22
13, and 14 as follows:

23

(415 ILCS 20/2.1)

(from Ch. 111 1/2, par. 7052.1)
24

Sec. 2.1.
Definitions.
When used in this Act, unless the

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1
context otherwise requires, the following terms have the
2
meanings ascribed to them in this Section:
3

"Agency" means the Environmental Protection Agency.
4

"Department", when a particular entity is not specified,
5
means (i) in the case of a function to be performed on or after
6
July 1, 1995 (the effective date of the Department of Natural
7
Resources Act) and until the effective date of this amendatory
8
Act of the 102nd General Assembly, the Department of Commerce
9
and Community Affairs (now Department of Commerce and Economic
10
Opportunity), as successor to the former Department of Energy
11
and Natural Resources under the Department of Natural
12
Resources Act; or (ii) in the case of a function required to be
13
performed before July 1, 1995, the former Illinois Department
14
of Energy and Natural Resources.
15

"Deinked stock" means paper that has been processed to
16
remove inks, clays, coatings, binders and other contaminants.
17

"End product" means only those items that are designed to
18
be used until disposal; items designed to be used in
19
production of a subsequent item are excluded.
20

"Food waste" has the meaning ascribed to that term in
21
Section 3.197 of the Environmental Protection Act.
22

"High grade printing and writing papers" includes offset
23
printing paper, duplicator paper, writing paper (stationery),
24
office paper, note pads, xerographic paper, envelopes, form
25
bond including computer paper and carbonless forms, book
26
papers, bond papers, ledger paper, book stock and cotton fiber

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1
papers.
2

"Paper and paper products" means high grade printing and
3
writing papers, tissue products, newsprint, unbleached
4
packaging and recycled paperboard.
5

"Postconsumer material" means only those products
6
generated by a business or consumer which have served their
7
intended end uses, and which have been separated or diverted
8
from solid waste; wastes generated during production of an end
9
product are excluded.
10

"Recovered paper material" means paper waste generated
11
after the completion of the papermaking process, such as
12
postconsumer materials, envelope cuttings, bindery trimmings,
13
printing waste, cutting and other converting waste, butt
14
rolls, and mill wrappers, obsolete inventories, and rejected
15
unused stock. "Recovered paper material", however, does not
16
include fibrous waste generated during the manufacturing
17
process such as fibers recovered from waste water or trimmings
18
of paper machine rolls (mill broke), or fibrous byproducts of
19
harvesting, extraction or woodcutting processes, or forest
20
residues such as bark.
21

"Recycled paperboard" includes recycled paperboard
22
products, folding cartons and pad backing.
23

"Recycling" means the process by which solid waste is
24
collected, separated and processed for reuse as either a raw
25
material or a product which itself is subject to recycling,
26
but does not include the combustion of waste for energy

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1
recovery or volume reduction.
2

"Tissue products" includes toilet tissue, paper towels,
3
paper napkins, facial tissue, paper doilies, industrial
4
wipers, paper bags and brown papers.
5

"Unbleached packaging" includes corrugated and fiber
6
boxes.
7

"USEPA Guidelines for federal procurement" means all
8
minimum recycled content standards recommended by the U.S.
9
Environmental Protection Agency.
10
(Source: P.A. 102-444, eff. 8-20-21.)

11

(415 ILCS 20/11 new)
12

Sec. 11.
Food and food waste management hierarchy;
13
diversion from landfill.
14

(a) Notwithstanding subsection (b) of Section 2, it is the
15
policy of the State for food and food waste collected under
16
this Section to be managed according to the following food and
17
food waste management hierarchy, which identifies the State's
18
priorities for the management of food and food waste in the
19
State:
20

(1) The first priority is preventing or reducing the
21

amount of food and food waste that is discarded or
22

disposed of in the State.
23

(2) The second priority is collecting and diverting
24

food that is safe for human consumption for reuse and
25

redistribution.

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(3) The third priority is collecting and diverting
2

food waste that is safe for consumption by animals, for
3

use in animal feed processes.
4

(4) The fourth priority is collecting and managing
5

food waste that is unable to be used in the first, second,
6

or third priority, through a food waste processing
7

facility, composting, or anaerobic digestion.
8

(b) A covered establishment, as defined in subsection (f),
9
that meets the applicable regulatory threshold as determined
10
in accordance with subsection (f) shall:
11

(1) separate the food and food waste from other solid
12

waste;
13

(2) manage the food and food waste in compliance with
14

State and local laws and rules applicable to its use in
15

accordance with subsection (a);
16

(3) either (i) arrange for transfer of the food and
17

food waste to a location that manages food and food waste
18

in compliance with State and local laws and rules
19

applicable to its use in accordance with subsection (a) or
20

(ii) manage the food and food waste on-site in compliance
21

with State and local laws and rules applicable to its use
22

in accordance with subsection (a);
23

(4) not directly dispose of more than an incidental
24

amount of food waste through the sewer system;
25

(5) for non-residential properties, post instructions
26

for the separation of food and food waste from other

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1

waste, and instructions for the further separation of the
2

food and food waste according to its end use pursuant to
3

subsection (a). The instructions must be posted in an area
4

where they are clearly visible to employees and
5

subcontractors managing food and food waste generated on
6

the property;
7

(6) for non-residential properties provide, on at
8

least an annual basis, training opportunities for all
9

employees and subcontractors managing food and food waste
10

generated on the property and maintain proof of the
11

training being conducted for as long as the employee
12

remains employed and the subcontractor remains under
13

contract; and
14

(7) submit a compliance report on an annual basis to
15

the Agency by April 1 for the previous calendar year that
16

includes but is not limited to: (i) the name of the
17

business, its physical location, and the phone number and
18

email address of an appropriate contact person; (ii) the
19

amount in tons or cubic yards of food or food waste that
20

was managed by each applicable part of the food waste
21

management hierarchy; and (iii) the name and physical
22

location of where the food or food waste was taken for each
23

applicable part of the food waste management hierarchy.
24

(c) The Agency shall be responsible for enforcing the
25
provisions of this Section and is authorized to adopt rules to
26
implement this Section if it deems it necessary. A covered

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1
establishment that violates any provision of this Section
2
shall be liable for a civil penalty of $10,000 per violation.
3
Any covered establishment that fails to pay a civil penalty
4
under this Section shall be liable for a civil penalty of an
5
additional $10,000 for failure to pay the civil penalty. The
6
penalties provided in this Section may be recovered in a civil
7
action brought in the name of the People of the State of
8
Illinois by the State's Attorney of the county in which the
9
violation occurred or by the Attorney General. Any penalties
10
collected under this Section in an action in which the
11
Attorney General has prevailed shall be deposited into the
12
Environmental Protection Trust Fund, to be used in accordance
13
with the provisions of the Environmental Protection Trust Fund
14
Act.
15

(d) The Attorney General or the State's Attorney of a
16
county in which a violation occurs may institute a civil
17
action for an injunction, prohibitory or mandatory, to
18
restrain violations under this Section or to require such
19
actions as may be necessary to address violations of this
20
Section. The penalties and injunctions provided in this
21
Section are in addition to any penalties, injunctions, or
22
other relief provided under any other State law. Nothing in
23
this Section bars a cause of action by the State for any other
24
penalty, injunction, or other relief provided by any other
25
law.
26

(e) Any covered establishment that knowingly makes a

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1
false, fictitious, or fraudulent material statement, orally or
2
in writing, to the Agency, related to or required by this
3
Section or any rule adopted pursuant to this Section commits a
4
Class 4 felony, and each such statement or writing shall be
5
considered a separate Class 4 felony. A covered establishment
6
who, after being convicted under this subsection, violates
7
this subsection a second time or subsequent time commits a
8
Class 3 felony.
9

(f) As used in this Section:
10

"Applicable regulatory threshold" means (i) beginning July
11
1, 2028, a covered establishment in a county with more than
12
240,000 residents, according to the most recent federal
13
decennial census, located at an establishment with floor area
14
of more than 40,000 square feet, (ii) beginning July 1, 2029, a
15
covered establishment in a county with more than 240,000
16
residents, according to the most recent federal decennial
17
census, located at an establishment with floor area of more
18
than 20,000 square feet, (iii) beginning July 1, 2030, a
19
covered establishment in a county with more than 240,000
20
residents, according to the most recent federal decennial
21
census, located at an establishment with floor area greater
22
than 5,000 square feet, (iv) beginning July 1, 2031, a covered
23
establishment in a county with more than 240,000 residents,
24
according to the most recent federal decennial census, located
25
at an establishment with floor area of more than 1,000 square
26
feet, (v) beginning July 1, 2032, a covered establishment in a

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1
county with more than 150,000 residents, according to the most
2
recent federal decennial census, located at an establishment
3
with floor area greater than 40,000 square feet, (vi)
4
beginning July 1, 2033, a covered establishment in a county
5
with more than 150,000 residents, according to the most recent
6
federal decennial census, located at an establishment with
7
floor area greater than 20,000 square feet, (vii) beginning
8
July 1, 2034, a covered establishment in a county with more
9
than 150,000 residents, according to the most recent federal
10
decennial census, located at an establishment with floor area
11
greater than 5,000 square feet, (viii) beginning July 1, 2035,
12
a covered establishment in a county with more than 150,000
13
residents, according to the most recent federal decennial
14
census, located at an establishment with floor area greater
15
than 1,000 square feet, and (ix) beginning July 1, 2036, a
16
covered establishment with floor area greater than 20,000
17
square feet in a county with 150,000 or fewer residents,
18
according to the most recent federal decennial census, located
19
within 20 miles of an Agency-permitted composting facility or
20
anaerobic digester that accepts food waste.
21

"Board" means the Pollution Control Board established
22
under the Environmental Protection Act.
23

"Covered establishment" means a commercial or
24
institutional generator of food or food waste in the following
25
business classifications: restaurants, grocery stores, food
26
wholesalers, distributors and manufacturers, hotels,

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1
hospitals, sports venues, event centers, caterers, nursing and
2
residential care facilities, office buildings with dining
3
services, food banks, colleges and universities with dining
4
services, shopping centers with dining services, airports,
5
golf and country clubs, and rental and shared use commercial
6
kitchens.

7

(415 ILCS 20/12 new)
8

Sec. 12.
Diverting food that is safe for human
9
consumption.
10

(a) Any food that does not meet requirements for food
11
safety, proper storage, food type, or any other specification
12
established by a person that collects and redistributes food
13
for human consumption may be refused by that person.
14

(b) Any person that collects and redistributes food for
15
human consumption may require that any entity donating food
16
enter into a written contract that includes, but is not
17
limited to, terms (i) addressing roles and responsibilities of
18
the parties, (ii) assigning responsibility for costs related
19
to food being donated that is not suitable for human
20
consumption, (iii) a right to refuse food that is offered for
21
human consumption, and (iv) compensation for accepting food
22
that is suitable for human consumption.
23

(c) Any person that donates food to a person that collects
24
and redistributes food for human consumption shall not be
25
compensated financially for donating the food.

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1

(415 ILCS 20/13 new)
2

Sec. 13.
Markets for compost and digestate.
In order to
3
expand the end use of compost and digestate in the State, the
4
following requirements shall be met by State agencies and
5
units of local government:

6

(1) a county with more than 150,000 residents, as of
7

the most recent federal decennial census, and the
8

municipalities within that county, shall jointly, on a
9

population pro rata basis, purchase and use 0.025 cubic
10

yards per resident per year, beginning July 1, 2033, of
11

compost and digestate on county and municipal related
12

projects, on privately funded projects in the county, or
13

given away, if within 50 miles of a composting or
14

anaerobic digestion facility that has a supply adequate to
15

meet the requirements of this paragraph.
16

(2) the Department of Natural Resources shall purchase
17

and use 50,000 cubic yards in State fiscal year 2030,
18

100,000 cubic yards in State fiscal year 2031, 150,000
19

cubic yards in State fiscal year 2032, 200,000 cubic yards
20

in State fiscal year 2033, and 250,000 cubic yards in
21

State fiscal year 2034 and thereafter of compost and
22

digestate on State-owned and leased farmland, if within 50
23

miles of a composting or anaerobic digestion facility that
24

has a supply adequate to meet the requirements of this
25

paragraph;

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1

(3) the Department of Transportation shall purchase
2

and use 50,000 cubic yards in State fiscal year 2030,
3

100,000 cubic yards in State fiscal year 2031, 150,000
4

cubic yards in State fiscal year 2032, 200,000 cubic yards
5

in State fiscal year 2033, and 250,000 cubic yards in
6

State fiscal year 2034 and thereafter of compost and
7

digestate on State road building projects, if within 50
8

miles of a composting or anaerobic digestion facility that
9

has a supply adequate to meet the requirements of this
10

paragraph;
11

(4) the Capital Development Board shall purchase and
12

use 10,000 cubic yards in State fiscal year 2030, 20,000
13

cubic yards in State fiscal year 2031, 30,000 cubic yards
14

in State fiscal year 2032, 40,000 cubic yards in State
15

fiscal year 2033 and 50,000 cubic yards in State fiscal
16

year 2034 and thereafter of compost and digestate on State
17

building projects, if within 50 miles of a composting or
18

anaerobic digestion facility that has a supply adequate to
19

meet the requirements of this paragraph; and

20

(415 ILCS 20/14 new)
21

Sec. 14.
Food diversion grant program.
It is the
22
responsibility of the State to assist in implementing this Act
23
by supporting the development of the infrastructure needed to
24
divert food and food waste from final disposal to the priority
25
uses listed in the food waste management hierarchy. Grants

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1
provided under this Section shall provide funding based on the
2
following requirements:

3

(1) grants shall be made available on an annual basis
4

for State fiscal years 2028, 2029, 2030, 2031 and 2032
5

from the Solid Waste Management Fund in an amount not less
6

than $2,000,000 per fiscal year;
7

(2) no single grant shall be less than $10,000 or
8

exceed $200,000;
9

(3) grant recipients shall be limited to persons who
10

collect and redistribute food for human consumption, or
11

who own and operate an Agency-permitted composting or
12

anaerobic digestion facility.
13

The Agency shall adopt rules implementing the grant
14
program described in this Section.

15

Section 99.
Effective date.
This Act takes effect upon
16
becoming law.

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1

INDEX

2

Statutes amended in order of appearance

3

415 ILCS 5/3.121 new
4

415 ILCS 5/3.122 new
5

415 ILCS 5/3.183 new
6

415 ILCS 5/3.197
7

415 ILCS 5/3.198 new
8

415 ILCS 5/3.330
was 415 ILCS 5/3.32
9

415 ILCS 5/22.22
from Ch. 111 1/2, par. 1022.22
10

415 ILCS 5/22.22a new
11

415 ILCS 5/22.34
12

415 ILCS 5/22.55
13

415 ILCS 15/6
from Ch. 85, par. 5956
14

415 ILCS 20/2.1
from Ch. 111 1/2, par. 7052.1
15

415 ILCS 20/11 new
16

415 ILCS 20/12 new
17

415 ILCS 20/13 new
18

415 ILCS 20/14 new

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