FOOD WASTE&COMPOSTING

Illinois General Assembly - Full Text of SB3963

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3963

Introduced 2/6/2026, by Sen. Adriane Johnson

SYNOPSIS AS INTRODUCED:

415 ILCS 5/3.123 new
415 ILCS 5/3.126 new
415 ILCS 5/3.150

was 415 ILCS 5/3.69
415 ILCS 5/3.155

was 415 ILCS 5/3.70
415 ILCS 5/3.182 new
415 ILCS 5/3.198 new
415 ILCS 5/3.308 new
415 ILCS 5/3.309 new
415 ILCS 5/3.330

was 415 ILCS 5/3.32
415 ILCS 5/21

from Ch. 111 1/2, par. 1021
415 ILCS 5/22.34
415 ILCS 5/3.197 rep.

Amends the Environmental Protection Act. Repeals the definition of
"food scrap"; adds definitions for "anaerobic digestion", "biogas",
"digestate", "food waste", "organic material", and "organic waste"; and
updates the definitions of "compost" and "composting". In provisions
regarding pollution control facilities, includes a new exemption for
portions of sites or facilities used for composting or anaerobic digestion
of organic waste that meet specified siting, setback, floodplain, and
operational requirements. In provisions regarding prohibited acts,
establishes permitting requirements for organic waste composting
operations and organic waste anaerobic digesters, and creates exemptions
for small-scale and certain farm-based composting operations that meet
volume limits, setback distances, and other environmental safeguards.
Provides that anaerobic digesters using only non-waste feedstock are
exempt from solid waste permitting and clarifies that digested material
returned to the economic mainstream is not regulated as waste. Authorizes
the Environmental Protection Agency to recommend, and the Pollution
Control Board to adopt, performance standards for organic waste compost
facilities and testing procedures for end-product compost, and requires a
Technical Advisory Committee with balanced stakeholder representation.
Specifies that standards apply to compost offered for sale or use and
exempts on-site residential composting. Makes conforming changes
throughout to integrate new definitions and regulatory requirements.
LRB104 19753 BDA 33203 b

A BILL FOR

SB3963
LRB104 19753 BDA 33203 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 energy-rich gas
15
produced by the anaerobic decomposition or thermal conversion
16
of organic material.

17

(415 ILCS 5/3.150)

(was 415 ILCS 5/3.69)
18

Sec. 3.150.
Compost.
"Compost" is defined as the
19
humus-like product of the process of composting
waste
, which
20
may be used as a soil conditioner.
21
(Source: P.A. 92-574, eff. 6-26-02.)

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LRB104 19753 BDA 33203 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 organic waste
13
that meets the definition of "garbage" under this Act.

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)

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LRB104 19753 BDA 33203 b
1

Sec. 3.330.
Pollution control facility.
2

(a) "Pollution control facility" is any waste storage
3
site, sanitary landfill, waste disposal site, waste transfer
4
station, waste treatment facility, or waste incinerator. This
5
includes sewers, sewage treatment plants, and any other
6
facilities owned or operated by sanitary districts organized
7
under the Metropolitan Water Reclamation District Act.
8

The following are not pollution control facilities:
9

(1) (blank);
10

(2) waste storage sites regulated under 40 CFR 761.42;
11

(3) sites or facilities used by any person conducting
12

a waste storage, waste treatment, waste disposal, waste
13

transfer or waste incineration operation, or a combination
14

thereof, for wastes generated by such person's own
15

activities, when such wastes are stored, treated, disposed
16

of, transferred or incinerated within the site or facility
17

owned, controlled or operated by such person, or when such
18

wastes are transported within or between sites or
19

facilities owned, controlled or operated by such person;
20

(4) sites or facilities at which the State is
21

performing removal or remedial action pursuant to Section
22

22.2 or 55.3;
23

(5) abandoned quarries used solely for the disposal of
24

concrete, earth materials, gravel, or aggregate debris
25

resulting from road construction activities conducted by a
26

unit of government or construction activities due to the

SB3963
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LRB104 19753 BDA 33203 b
1

construction and installation of underground pipes, lines,
2

conduit or wires off of the premises of a public utility
3

company which are conducted by a public utility;
4

(6) sites or facilities used by any person to
5

specifically conduct a landscape composting operation;
6

(7) regional facilities as defined in the Central
7

Midwest Interstate Low-Level Radioactive Waste Compact;
8

(8) the portion of a site or facility where coal
9

combustion wastes are stored or disposed of in accordance
10

with subdivision (r)(2) or (r)(3) of Section 21;
11

(9) the portion of a site or facility used for the
12

collection, storage or processing of waste tires as
13

defined in Title XIV;
14

(10) the portion of a site or facility used for
15

treatment of petroleum contaminated materials by
16

application onto or incorporation into the soil surface
17

and any portion of that site or facility used for storage
18

of petroleum contaminated materials before treatment. Only
19

those categories of petroleum listed in Section 57.9(a)(3)
20

are exempt under this subdivision (10);
21

(11) the portion of a site or facility where used oil
22

is collected or stored prior to shipment to a recycling or
23

energy recovery facility, provided that the used oil is
24

generated by households or commercial establishments, and
25

the site or facility is a recycling center or a business
26

where oil or gasoline is sold at retail;

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LRB104 19753 BDA 33203 b
1

(11.5) processing sites or facilities that receive
2

only on-specification used oil, as defined in 35 Ill. Adm.
3

Code 739, originating from used oil collectors for
4

processing that is managed under 35 Ill. Adm. Code 739 to
5

produce products for sale to off-site petroleum
6

facilities, if these processing sites or facilities are:
7

(i) located within a home rule unit of local government
8

with a population of at least 30,000 according to the 2000
9

federal census, that home rule unit of local government
10

has been designated as an Urban Round II Empowerment Zone
11

by the United States Department of Housing and Urban
12

Development, and that home rule unit of local government
13

has enacted an ordinance approving the location of the
14

site or facility and provided funding for the site or
15

facility; and (ii) in compliance with all applicable
16

zoning requirements;
17

(12) the portion of a site or facility utilizing coal
18

combustion waste for stabilization and treatment of only
19

waste generated on that site or facility when used in
20

connection with response actions pursuant to the federal
21

Comprehensive Environmental Response, Compensation, and
22

Liability Act of 1980, the federal Resource Conservation
23

and Recovery Act of 1976, or the Illinois Environmental
24

Protection Act or as authorized by the Agency;
25

(13) the portion of a site or facility regulated under
26

Section 22.38 of this Act;

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LRB104 19753 BDA 33203 b
1

(14) the portion of a site or facility, located within
2

a unit of local government that has enacted local zoning
3

requirements, used to accept, separate, and process
4

uncontaminated broken concrete, with or without protruding
5

metal bars, provided that the uncontaminated broken
6

concrete and metal bars are not speculatively accumulated,
7

are at the site or facility no longer than one year after
8

their acceptance, and are returned to the economic
9

mainstream in the form of raw materials or products;
10

(15) the portion of a site or facility located in a
11

county with a population over 3,000,000 that has obtained
12

local siting approval under Section 39.2 of this Act for a
13

municipal waste incinerator on or before July 1, 2005 and
14

that is used for a non-hazardous waste transfer station;
15

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

transit for 10 days or less, non-putrescible solid waste
17

in original containers, no larger in capacity than 500
18

gallons, provided that such waste is further transferred
19

to a recycling, disposal, treatment, or storage facility
20

on a non-contiguous site and provided such site or
21

facility complies with the applicable 10-day transfer
22

requirements of the federal Resource Conservation and
23

Recovery Act of 1976 and United States Department of
24

Transportation hazardous material requirements. For
25

purposes of this Section only, "non-putrescible solid
26

waste" means waste other than municipal garbage that does

SB3963
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LRB104 19753 BDA 33203 b
1

not rot or become putrid, including, but not limited to,
2

paints, solvent, filters, and absorbents;
3

(17) the portion of a site or facility located in a
4

county with a population greater than 3,000,000 that has
5

obtained local siting approval, under Section 39.2 of this
6

Act, for a municipal waste incinerator on or before July
7

1, 2005 and that is used for wood combustion facilities
8

for energy recovery that accept and burn only wood
9

material, as included in a fuel specification approved by
10

the Agency;
11

(18) a transfer station used exclusively for landscape
12

waste, including a transfer station where landscape waste
13

is ground to reduce its volume, where the landscape waste
14

is held no longer than 24 hours from the time it was
15

received;
16

(19) the portion of a site or facility that (i) is used
17

for the composting
or anaerobic digestion of organic waste

18

of food scrap, livestock waste, crop residue,
19

uncontaminated wood waste, or paper waste, including, but
20

not limited to, corrugated paper or cardboard,
and (ii)
21

meets all of the following requirements:
22

(A) There must not be more than a total of 30,000
23

cubic yards of livestock waste in raw form or in the
24

process of being composted
or anaerobically digested

25

at the site or facility at any one time.
26

(B) All
organic waste

food scrap, livestock waste,

SB3963
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LRB104 19753 BDA 33203 b
1

crop residue, uncontaminated wood waste, and paper
2

waste
must, by the end of each operating day, be
3

processed and placed into
an anaerobic digester or
an
4

enclosed
composting
vessel in which air flow and
5

temperature are controlled, or
, for organic waste
6

being composted outside of an enclosed vessel,
all of
7

the following
additional
requirements must be met:
8

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

for the composting operation must include a
10

setback of at least 200 feet from the nearest
11

potable water supply well.
12

(ii) The portion of the site or facility used
13

for the composting operation must be located
14

outside the boundary of the 10-year floodplain or
15

floodproofed.
16

(iii) Except in municipalities with more than
17

1,000,000 inhabitants, the portion of the site or
18

facility used for the composting operation must be
19

located at least one-eighth of a mile from the
20

nearest residence, other than a residence located
21

on the same property as the site or facility.
22

(iv) The portion of the site or facility used
23

for the composting operation must be located at
24

least one-eighth of a mile from the property line
25

of all of the following areas:
26

(I) Facilities that primarily serve to

SB3963
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LRB104 19753 BDA 33203 b
1

house or treat people that are
2

immunocompromised or immunosuppressed, such as
3

cancer or AIDS patients; people with asthma,
4

cystic fibrosis, or bioaerosol allergies; or
5

children under the age of one year.
6

(II) Primary and secondary schools and
7

adjacent areas that the schools use for
8

recreation.
9

(III) Any facility for child care licensed
10

under Section 3 of the Child Care Act of 1969;
11

preschools; and adjacent areas that the
12

facilities or preschools use for recreation.
13

(v) By the end of each operating day, all
14

organic waste

food scrap, livestock waste, crop
15

residue, uncontaminated wood waste, and paper
16

waste
must be (i) processed into windrows or other
17

piles and (ii) covered in a manner that prevents
18

scavenging by birds and animals and that prevents
19

other nuisances.
20

(C)
Organic waste

Food scrap, livestock waste,
21

crop residue, uncontaminated wood waste, paper waste,
22

and compost
must not be placed within 5 feet of the
23

water table.
24

(D) The site or facility must meet all of the
25

requirements of the Wild and Scenic Rivers Act (16
26

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

SB3963
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LRB104 19753 BDA 33203 b
1

(E) The site or facility must not (i) restrict the
2

flow of a 100-year flood, (ii) result in washout of
3

organic waste

food scrap, livestock waste, crop
4

residue, uncontaminated wood waste, or paper waste

5

from a 100-year flood, or (iii) reduce the temporary
6

water storage capacity of the 100-year floodplain,
7

unless measures are undertaken to provide alternative
8

storage capacity, such as by providing lagoons,
9

holding tanks, or drainage around structures at the
10

facility.
11

(F) The site or facility must not be located in any
12

area where it may pose a threat of harm or destruction
13

to the features for which:
14

(i) an irreplaceable historic or
15

archaeological site has been listed under the
16

National Historic Preservation Act (16 U.S.C. 470
17

et seq.) or the Illinois Historic Preservation
18

Act;
19

(ii) a natural landmark has been designated by
20

the National Park Service or the Illinois State
21

Historic Preservation Office; or
22

(iii) a natural area has been designated as a
23

Dedicated Illinois Nature Preserve under the
24

Illinois Natural Areas Preservation Act.
25

(G) The site or facility must not be located in an
26

area where it may jeopardize the continued existence

SB3963
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LRB104 19753 BDA 33203 b
1

of any designated endangered species, result in the
2

destruction or adverse modification of the critical
3

habitat for such species, or cause or contribute to
4

the taking of any endangered or threatened species of
5

plant, fish, or wildlife listed under the Endangered
6

Species Act (16 U.S.C. 1531 et seq.) or the Illinois
7

Endangered Species Protection Act;
8

(20) the portion of a site or facility that is located
9

entirely within a home rule unit having a population of no
10

less than 120,000 and no more than 135,000, according to
11

the 2000 federal census, and that meets all of the
12

following requirements:
13

(i) the portion of the site or facility is used
14

exclusively to perform testing of a thermochemical
15

conversion technology using only woody biomass,
16

collected as landscape waste within the boundaries of
17

the home rule unit, as the hydrocarbon feedstock for
18

the production of synthetic gas in accordance with
19

Section 39.9 of this Act;
20

(ii) the portion of the site or facility is in
21

compliance with all applicable zoning requirements;
22

and
23

(iii) a complete application for a demonstration
24

permit at the portion of the site or facility has been
25

submitted to the Agency in accordance with Section
26

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

SB3963
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LRB104 19753 BDA 33203 b
1

(the effective date of Public Act 96-1314);
2

(21) the portion of a site or facility used to perform
3

limited testing of a gasification conversion technology in
4

accordance with Section 39.8 of this Act and for which a
5

complete permit application has been submitted to the
6

Agency prior to one year from April 9, 2010 (the effective
7

date of Public Act 96-887);
8

(22) the portion of a site or facility that is used to
9

incinerate only pharmaceuticals from residential sources
10

that are collected and transported by law enforcement
11

agencies under Section 17.9A of this Act;
12

(23) the portion of a site or facility:
13

(A) that is used exclusively for the transfer of
14

commingled landscape waste and
food waste

food scrap

15

held at the site or facility for no longer than 24
16

hours after their receipt;
17

(B) that is located entirely within a home rule
18

unit having a population of (i) not less than 100,000
19

and not more than 115,000 according to the 2010
20

federal census, (ii) not less than 5,000 and not more
21

than 10,000 according to the 2010 federal census, or
22

(iii) not less than 25,000 and not more than 30,000
23

according to the 2010 federal census or that is
24

located in the unincorporated area of a county having
25

a population of not less than 700,000 and not more than
26

705,000 according to the 2010 federal census;

SB3963
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LRB104 19753 BDA 33203 b
1

(C) that is permitted, by the Agency, prior to
2

January 1, 2002, for the transfer of landscape waste
3

if located in a home rule unit or that is permitted
4

prior to January 1, 2008 if located in an
5

unincorporated area of a county; and
6

(D) for which a permit application is submitted to
7

the Agency to modify an existing permit for the
8

transfer of landscape waste to also include, on a
9

demonstration basis not to exceed 24 months each time
10

a permit is issued, the transfer of commingled
11

landscape waste and
food waste

food scrap
or for which
12

a permit application is submitted to the Agency within
13

6 months of August 11, 2017 (the effective date of
14

Public Act 100-94);
15

(24) the portion of a municipal solid waste landfill
16

unit:
17

(A) that is located in a county having a
18

population of not less than 55,000 and not more than
19

60,000 according to the 2010 federal census;
20

(B) that is owned by that county;
21

(C) that is permitted, by the Agency, prior to
22

July 10, 2015 (the effective date of Public Act
23

99-12); and
24

(D) for which a permit application is submitted to
25

the Agency within 6 months after July 10, 2015 (the
26

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

SB3963
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LRB104 19753 BDA 33203 b
1

of non-hazardous special waste;
2

(25) the portion of a site or facility used during a
3

mass animal mortality event, as defined in the Animal
4

Mortality Act, where such waste is collected, stored,
5

processed, disposed, or incinerated under a mass animal
6

mortality event plan issued by the Department of
7

Agriculture; and
8

(26) the portion of a mine used for the placement of
9

limestone residual materials generated from the treatment
10

of drinking water by a municipal utility in accordance
11

with rules adopted under Section 22.63.
12

(b) A new pollution control facility is:
13

(1) a pollution control facility initially permitted
14

for development or construction after July 1, 1981; or
15

(2) the area of expansion beyond the boundary of a
16

currently permitted pollution control facility; or
17

(3) a permitted pollution control facility requesting
18

approval to store, dispose of, transfer or incinerate, for
19

the first time, any special or hazardous waste.
20
(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
21
102-813, eff. 5-13-22; 103-333, eff. 1-1-24
.)

22

(415 ILCS 5/21)

(from Ch. 111 1/2, par. 1021)
23

Sec. 21.
Prohibited acts.
No person shall:
24

(a) Cause or allow the open dumping of any waste.
25

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

SB3963
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LRB104 19753 BDA 33203 b
1
highways or other public property, except in a sanitary
2
landfill approved by the Agency pursuant to regulations
3
adopted by the Board.
4

(c) Abandon any vehicle in violation of the "Abandoned
5
Vehicles Amendment to the Illinois Vehicle Code", as enacted
6
by the 76th General Assembly.
7

(d) Conduct any waste-storage, waste-treatment, or
8
waste-disposal operation:
9

(1) without a permit granted by the Agency or in
10

violation of any conditions imposed by such permit,
11

including periodic reports and full access to adequate
12

records and the inspection of facilities, as may be
13

necessary to assure compliance with this Act and with
14

regulations and standards adopted thereunder; provided,
15

however, that, except for municipal solid waste landfill
16

units that receive waste on or after October 9, 1993, and
17

CCR surface impoundments, no permit shall be required for
18

(i) any person conducting a waste-storage,
19

waste-treatment, or waste-disposal operation for wastes
20

generated by such person's own activities which are
21

stored, treated, or disposed within the site where such
22

wastes are generated, (ii) until one year after the
23

effective date of rules adopted by the Board under
24

subsection (n) of Section 22.38, a facility located in a
25

county with a population over 700,000 as of January 1,
26

2000, operated and located in accordance with Section

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LRB104 19753 BDA 33203 b
1

22.38 of this Act, and used exclusively for the transfer,
2

storage, or treatment of general construction or
3

demolition debris, provided that the facility was
4

receiving construction or demolition debris on August 24,
5

2009 (the effective date of Public Act 96-611), or (iii)
6

any person conducting a waste transfer, storage,
7

treatment, or disposal operation, including, but not
8

limited to, a waste transfer or waste composting
9

operation, under a mass animal mortality event plan
10

created by the Department of Agriculture;
11

(2) in violation of any regulations or standards
12

adopted by the Board under this Act;
13

(3) which receives waste after August 31, 1988, does
14

not have a permit issued by the Agency, and is (i) a
15

landfill used exclusively for the disposal of waste
16

generated at the site, (ii) a surface impoundment
17

receiving special waste not listed in an NPDES permit,
18

(iii) a waste pile in which the total volume of waste is
19

greater than 100 cubic yards or the waste is stored for
20

over one year, or (iv) a land treatment facility receiving
21

special waste generated at the site; without giving notice
22

of the operation to the Agency by January 1, 1989, or 30
23

days after the date on which the operation commences,
24

whichever is later, and every 3 years thereafter. The form
25

for such notification shall be specified by the Agency,
26

and shall be limited to information regarding: the name

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1

and address of the location of the operation; the type of
2

operation; the types and amounts of waste stored, treated
3

or disposed of on an annual basis; the remaining capacity
4

of the operation; and the remaining expected life of the
5

operation.
6

Item (3) of this subsection (d) shall not apply to any
7
person engaged in agricultural activity who is disposing of a
8
substance that constitutes solid waste, if the substance was
9
acquired for use by that person on his own property, and the
10
substance is disposed of on his own property in accordance
11
with regulations or standards adopted by the Board.
12

This subsection (d) shall not apply to hazardous waste.
13

(e) Dispose, treat, store or abandon any waste, or
14
transport any waste into this State for disposal, treatment,
15
storage or abandonment, except at a site or facility which
16
meets the requirements of this Act and of regulations and
17
standards thereunder.
18

(f) Conduct any hazardous waste-storage, hazardous
19
waste-treatment or hazardous waste-disposal operation:
20

(1) without a RCRA permit for the site issued by the
21

Agency under subsection (d) of Section 39 of this Act, or
22

in violation of any condition imposed by such permit,
23

including periodic reports and full access to adequate
24

records and the inspection of facilities, as may be
25

necessary to assure compliance with this Act and with
26

regulations and standards adopted thereunder; or

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1

(2) in violation of any regulations or standards
2

adopted by the Board under this Act; or
3

(3) in violation of any RCRA permit filing requirement
4

established under standards adopted by the Board under
5

this Act; or
6

(4) in violation of any order adopted by the Board
7

under this Act.
8

Notwithstanding the above, no RCRA permit shall be
9
required under this subsection or subsection (d) of Section 39
10
of this Act for any person engaged in agricultural activity
11
who is disposing of a substance which has been identified as a
12
hazardous waste, and which has been designated by Board
13
regulations as being subject to this exception, if the
14
substance was acquired for use by that person on his own
15
property and the substance is disposed of on his own property
16
in accordance with regulations or standards adopted by the
17
Board.
18

(g) Conduct any hazardous waste-transportation operation:
19

(1) without registering with and obtaining a special
20

waste hauling permit from the Agency in accordance with
21

the regulations adopted by the Board under this Act; or
22

(2) in violation of any regulations or standards
23

adopted by the Board under this Act.
24

(h) Conduct any hazardous waste-recycling or hazardous
25
waste-reclamation or hazardous waste-reuse operation in
26
violation of any regulations, standards or permit requirements

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1
adopted by the Board under this Act.
2

(i) Conduct any process or engage in any act which
3
produces hazardous waste in violation of any regulations or
4
standards adopted by the Board under subsections (a) and (c)
5
of Section 22.4 of this Act.
6

(j) Conduct any special waste-transportation operation in
7
violation of any regulations, standards or permit requirements
8
adopted by the Board under this Act. However, sludge from a
9
water or sewage treatment plant owned and operated by a unit of
10
local government which (1) is subject to a sludge management
11
plan approved by the Agency or a permit granted by the Agency,
12
and (2) has been tested and determined not to be a hazardous
13
waste as required by applicable State and federal laws and
14
regulations, may be transported in this State without a
15
special waste hauling permit, and the preparation and carrying
16
of a manifest shall not be required for such sludge under the
17
rules of the Pollution Control Board. The unit of local
18
government which operates the treatment plant producing such
19
sludge shall file an annual report with the Agency identifying
20
the volume of such sludge transported during the reporting
21
period, the hauler of the sludge, and the disposal sites to
22
which it was transported. This subsection (j) shall not apply
23
to hazardous waste.
24

(k) Fail or refuse to pay any fee imposed under this Act.
25

(l) Locate a hazardous waste disposal site above an active
26
or inactive shaft or tunneled mine or within 2 miles of an

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active fault in the earth's crust. In counties of population
2
less than 225,000 no hazardous waste disposal site shall be
3
located (1) within 1 1/2 miles of the corporate limits as
4
defined on June 30, 1978, of any municipality without the
5
approval of the governing body of the municipality in an
6
official action; or (2) within 1000 feet of an existing
7
private well or the existing source of a public water supply
8
measured from the boundary of the actual active permitted site
9
and excluding existing private wells on the property of the
10
permit applicant. The provisions of this subsection do not
11
apply to publicly owned sewage works or the disposal or
12
utilization of sludge from publicly owned sewage works.
13

(m) Transfer interest in any land which has been used as a
14
hazardous waste disposal site without written notification to
15
the Agency of the transfer and to the transferee of the
16
conditions imposed by the Agency upon its use under subsection
17
(g) of Section 39.
18

(n) Use any land which has been used as a hazardous waste
19
disposal site except in compliance with conditions imposed by
20
the Agency under subsection (g) of Section 39.
21

(o) Conduct a sanitary landfill operation which is
22
required to have a permit under subsection (d) of this
23
Section, in a manner which results in any of the following
24
conditions:
25

(1) refuse in standing or flowing waters;
26

(2) leachate flows entering waters of the State;

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(3) leachate flows exiting the landfill confines (as
2

determined by the boundaries established for the landfill
3

by a permit issued by the Agency);
4

(4) open burning of refuse in violation of Section 9
5

of this Act;
6

(5) uncovered refuse remaining from any previous
7

operating day or at the conclusion of any operating day,
8

unless authorized by permit;
9

(6) failure to provide final cover within time limits
10

established by Board regulations;
11

(7) acceptance of wastes without necessary permits;
12

(8) scavenging as defined by Board regulations;
13

(9) deposition of refuse in any unpermitted portion of
14

the landfill;
15

(10) acceptance of a special waste without a required
16

manifest;
17

(11) failure to submit reports required by permits or
18

Board regulations;
19

(12) failure to collect and contain litter from the
20

site by the end of each operating day;
21

(13) failure to submit any cost estimate for the site
22

or any performance bond or other security for the site as
23

required by this Act or Board rules.
24

The prohibitions specified in this subsection (o) shall be
25
enforceable by the Agency either by administrative citation
26
under Section 31.1 of this Act or as otherwise provided by this

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1
Act. The specific prohibitions in this subsection do not limit
2
the power of the Board to establish regulations or standards
3
applicable to sanitary landfills.
4

(p) In violation of subdivision (a) of this Section, cause
5
or allow the open dumping of any waste in a manner which
6
results in any of the following occurrences at the dump site:
7

(1) litter;
8

(2) scavenging;
9

(3) open burning;
10

(4) deposition of waste in standing or flowing waters;
11

(5) proliferation of disease vectors;
12

(6) standing or flowing liquid discharge from the dump
13

site;
14

(7) deposition of:
15

(i) general construction or demolition debris as
16

defined in Section 3.160(a) of this Act; or
17

(ii) clean construction or demolition debris as
18

defined in Section 3.160(b) of this Act.
19

The prohibitions specified in this subsection (p) shall be
20
enforceable by the Agency either by administrative citation
21
under Section 31.1 of this Act or as otherwise provided by this
22
Act. The specific prohibitions in this subsection do not limit
23
the power of the Board to establish regulations or standards
24
applicable to open dumping.
25

(q) Conduct a landscape waste composting operation without
26
an Agency permit, provided, however, that no permit shall be

SB3963
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1
required for any person:
2

(1) conducting a landscape waste composting operation
3

for landscape wastes generated by such person's own
4

activities which are stored, treated, or disposed of
5

within the site where such wastes are generated; or
6

(1.5) conducting a landscape waste composting
7

operation that (i) has no more than 25 cubic yards of
8

landscape waste, composting additives, composting
9

material, or end-product compost on-site at any one time
10

and (ii) is not engaging in commercial activity; or
11

(2) applying landscape waste or composted landscape
12

waste at agronomic rates; or
13

(2.5) operating a landscape waste composting facility
14

at a site having 10 or more occupied non-farm residences
15

within 1/2 mile of its boundaries, if the facility meets
16

all of the following criteria:
17

(A) the composting facility is operated by the
18

farmer on property on which the composting material is
19

utilized, and the composting facility constitutes no
20

more than 2% of the site's total acreage;
21

(A-5) any composting additives that the composting
22

facility accepts and uses at the facility are
23

necessary to provide proper conditions for composting
24

and do not exceed 10% of the total composting material
25

at the facility at any one time;
26

(B) the property on which the composting facility

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is located, and any associated property on which the
2

compost is used, is principally and diligently devoted
3

to the production of agricultural crops and is not
4

owned, leased, or otherwise controlled by any waste
5

hauler or generator of nonagricultural compost
6

materials, and the operator of the composting facility
7

is not an employee, partner, shareholder, or in any
8

way connected with or controlled by any such waste
9

hauler or generator;
10

(C) all compost generated by the composting
11

facility, except incidental sales of finished compost,
12

is applied at agronomic rates and used as mulch,
13

fertilizer, or soil conditioner on land actually
14

farmed by the person operating the composting
15

facility, and the finished compost is not stored at
16

the composting site for a period longer than 18 months
17

prior to its application as mulch, fertilizer, or soil
18

conditioner;
19

(D) no fee is charged for the acceptance of
20

materials to be composted at the facility; and
21

(E) the owner or operator, by January 1, 2014 (or
22

the January 1 following commencement of operation,
23

whichever is later) and January 1 of each year
24

thereafter, registers the site with the Agency, (ii)
25

reports to the Agency on the volume of composting
26

material received and used at the site; (iii)

SB3963
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1

certifies to the Agency that the site complies with
2

the requirements set forth in subparagraphs (A),
3

(A-5), (B), (C), and (D) of this paragraph (2.5); and
4

(iv) certifies to the Agency that all composting
5

material was placed more than 200 feet from the
6

nearest potable water supply well, was placed outside
7

the boundary of the 10-year floodplain or on a part of
8

the site that is floodproofed, was placed at least 1/4
9

mile from the nearest residence (other than a
10

residence located on the same property as the
11

facility) or a lesser distance from the nearest
12

residence (other than a residence located on the same
13

property as the facility) if the municipality in which
14

the facility is located has by ordinance approved a
15

lesser distance than 1/4 mile, and was placed more
16

than 5 feet above the water table; any ordinance
17

approving a residential setback of less than 1/4 mile
18

that is used to meet the requirements of this
19

subparagraph (E) of paragraph (2.5) of this subsection
20

must specifically reference this paragraph; or
21

(3) operating a landscape waste composting facility on
22

a farm, if the facility meets all of the following
23

criteria:
24

(A) the composting facility is operated by the
25

farmer on property on which the composting material is
26

utilized, and the composting facility constitutes no

SB3963
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LRB104 19753 BDA 33203 b
1

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

that the Board may allow a higher percentage for
3

individual sites where the owner or operator has
4

demonstrated to the Board that the site's soil
5

characteristics or crop needs require a higher rate;
6

(A-1) the composting facility accepts from other
7

agricultural operations for composting with landscape
8

waste no materials other than uncontaminated and
9

source-separated (i) crop residue and other
10

agricultural plant residue generated from the
11

production and harvesting of crops and other customary
12

farm practices, including, but not limited to, stalks,
13

leaves, seed pods, husks, bagasse, and roots and (ii)
14

plant-derived animal bedding, such as straw or
15

sawdust, that is free of manure and was not made from
16

painted or treated wood;
17

(A-2) any composting additives that the composting
18

facility accepts and uses at the facility are
19

necessary to provide proper conditions for composting
20

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

at the facility at any one time;
22

(B) the property on which the composting facility
23

is located, and any associated property on which the
24

compost is used, is principally and diligently devoted
25

to the production of agricultural crops and is not
26

owned, leased or otherwise controlled by any waste

SB3963
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LRB104 19753 BDA 33203 b
1

hauler or generator of nonagricultural compost
2

materials, and the operator of the composting facility
3

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

way connected with or controlled by any such waste
5

hauler or generator;
6

(C) all compost generated by the composting
7

facility, except incidental sales of finished compost,
8

is applied at agronomic rates and used as mulch,
9

fertilizer or soil conditioner on land actually farmed
10

by the person operating the composting facility, and
11

the finished compost is not stored at the composting
12

site for a period longer than 18 months prior to its
13

application as mulch, fertilizer, or soil conditioner;
14

(D) the owner or operator, by January 1 of each
15

year, (i) registers the site with the Agency, (ii)
16

reports to the Agency on the volume of composting
17

material received and used at the site and the volume
18

of material comprising the incidental sale of finished
19

compost under this subsection (q), (iii) certifies to
20

the Agency that the site complies with the
21

requirements set forth in subparagraphs (A), (A-1),
22

(A-2), (B), and (C) of this paragraph (q)(3), and (iv)
23

certifies to the Agency that all composting material:
24

(I) was placed more than 200 feet from the
25

nearest potable water supply well;
26

(II) was placed outside the boundary of the

SB3963
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LRB104 19753 BDA 33203 b
1

10-year floodplain or on a part of the site that is
2

floodproofed;
3

(III) was placed either (aa) at least 1/4 mile
4

from the nearest residence (other than a residence
5

located on the same property as the facility) and
6

there are not more than 10 occupied non-farm
7

residences within 1/2 mile of the boundaries of
8

the site on the date of application or (bb) a
9

lesser distance from the nearest residence (other
10

than a residence located on the same property as
11

the facility) provided that the municipality or
12

county in which the facility is located has by
13

ordinance approved a lesser distance than 1/4 mile
14

and there are not more than 10 occupied non-farm
15

residences within 1/2 mile of the boundaries of
16

the site on the date of application; and
17

(IV) was placed more than 5 feet above the
18

water table.
19

Any ordinance approving a residential setback of
20

less than 1/4 mile that is used to meet the
21

requirements of this subparagraph (D) must
22

specifically reference this subparagraph.
23

For the purposes of this subsection (q), "agronomic rates"
24
means the application of not more than 20 tons per acre per
25
year, except that the Board may allow a higher rate for
26
individual sites where the owner or operator has demonstrated

SB3963
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LRB104 19753 BDA 33203 b
1
to the Board that the site's soil characteristics or crop
2
needs require a higher rate.
3

For the purposes of this subsection (q), "incidental sale
4
of finished compost" means the sale of finished compost that
5
meets general use compost standards and is no more than 20% or
6
300 cubic yards, whichever is less, of the total compost
7
created annually by a private landowner for the landowner's
8
own use.
9

(r) Cause or allow the storage or disposal of coal
10
combustion waste unless:
11

(1) such waste is stored or disposed of at a site or
12

facility for which a permit has been obtained or is not
13

otherwise required under subsection (d) of this Section;
14

or
15

(2) such waste is stored or disposed of as a part of
16

the design and reclamation of a site or facility which is
17

an abandoned mine site in accordance with the Abandoned
18

Mined Lands and Water Reclamation Act; or
19

(3) such waste is stored or disposed of at a site or
20

facility which is operating under NPDES and Subtitle D
21

permits issued by the Agency pursuant to regulations
22

adopted by the Board for mine-related water pollution and
23

permits issued pursuant to the federal Surface Mining
24

Control and Reclamation Act of 1977 (P.L. 95-87) or the
25

rules and regulations thereunder or any law or rule or
26

regulation adopted by the State of Illinois pursuant

SB3963
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LRB104 19753 BDA 33203 b
1

thereto, and the owner or operator of the facility agrees
2

to accept the waste; and either:
3

(i) such waste is stored or disposed of in
4

accordance with requirements applicable to refuse
5

disposal under regulations adopted by the Board for
6

mine-related water pollution and pursuant to NPDES and
7

Subtitle D permits issued by the Agency under such
8

regulations; or
9

(ii) the owner or operator of the facility
10

demonstrates all of the following to the Agency, and
11

the facility is operated in accordance with the
12

demonstration as approved by the Agency: (1) the
13

disposal area will be covered in a manner that will
14

support continuous vegetation, (2) the facility will
15

be adequately protected from wind and water erosion,
16

(3) the pH will be maintained so as to prevent
17

excessive leaching of metal ions, and (4) adequate
18

containment or other measures will be provided to
19

protect surface water and groundwater from
20

contamination at levels prohibited by this Act, the
21

Illinois Groundwater Protection Act, or regulations
22

adopted pursuant thereto.
23

Notwithstanding any other provision of this Title, the
24
disposal of coal combustion waste pursuant to item (2) or (3)
25
of this subdivision (r) shall be exempt from the other
26
provisions of this Title V, and notwithstanding the provisions

SB3963
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LRB104 19753 BDA 33203 b
1
of Title X of this Act, the Agency is authorized to grant
2
experimental permits which include provision for the disposal
3
of wastes from the combustion of coal and other materials
4
pursuant to items (2) and (3) of this subdivision (r).
5

(s) After April 1, 1989, offer for transportation,
6
transport, deliver, receive or accept special waste for which
7
a manifest is required, unless the manifest indicates that the
8
fee required under Section 22.8 of this Act has been paid.
9

(t) Cause or allow a lateral expansion of a municipal
10
solid waste landfill unit on or after October 9, 1993, without
11
a permit modification, granted by the Agency, that authorizes
12
the lateral expansion.
13

(u) Conduct any vegetable by-product treatment, storage,
14
disposal or transportation operation in violation of any
15
regulation, standards or permit requirements adopted by the
16
Board under this Act. However, no permit shall be required
17
under this Title V for the land application of vegetable
18
by-products conducted pursuant to Agency permit issued under
19
Title III of this Act to the generator of the vegetable
20
by-products. In addition, vegetable by-products may be
21
transported in this State without a special waste hauling
22
permit, and without the preparation and carrying of a
23
manifest.
24

(v) (Blank).
25

(w) Conduct any generation, transportation, or recycling
26
of construction or demolition debris, clean or general, or

SB3963
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1
uncontaminated soil generated during construction, remodeling,
2
repair, and demolition of utilities, structures, and roads
3
that is not commingled with any waste, without the maintenance
4
of documentation identifying the hauler, generator, place of
5
origin of the debris or soil, the weight or volume of the
6
debris or soil, and the location, owner, and operator of the
7
facility where the debris or soil was transferred, disposed,
8
recycled, or treated. This documentation must be maintained by
9
the generator, transporter, or recycler for 3 years. This
10
subsection (w) shall not apply to (1) a permitted pollution
11
control facility that transfers or accepts construction or
12
demolition debris, clean or general, or uncontaminated soil
13
for final disposal, recycling, or treatment, (2) a public
14
utility (as that term is defined in the Public Utilities Act)
15
or a municipal utility, (3) the Illinois Department of
16
Transportation, or (4) a municipality or a county highway
17
department, with the exception of any municipality or county
18
highway department located within a county having a population
19
of over 3,000,000 inhabitants or located in a county that is
20
contiguous to a county having a population of over 3,000,000
21
inhabitants; but it shall apply to an entity that contracts
22
with a public utility, a municipal utility, the Illinois
23
Department of Transportation, or a municipality or a county
24
highway department. The terms "generation" and "recycling", as
25
used in this subsection, do not apply to clean construction or
26
demolition debris when (i) used as fill material below grade

SB3963
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1
outside of a setback zone if covered by sufficient
2
uncontaminated soil to support vegetation within 30 days of
3
the completion of filling or if covered by a road or structure,
4
(ii) solely broken concrete without protruding metal bars is
5
used for erosion control, or (iii) milled asphalt or crushed
6
concrete is used as aggregate in construction of the shoulder
7
of a roadway. The terms "generation" and "recycling", as used
8
in this subsection, do not apply to uncontaminated soil that
9
is not commingled with any waste when (i) used as fill material
10
below grade or contoured to grade, or (ii) used at the site of
11
generation.
12

(y) Inject any carbon dioxide stream produced by a carbon
13
dioxide capture project into a Class II well, as defined by the
14
Board under this Act, or a Class VI well converted from a Class
15
II well, for purposes of enhanced oil or gas recovery,
16
including, but not limited to, the facilitation of enhanced
17
oil or gas recovery from another well.
18

(z) Sell or transport concentrated carbon dioxide stream
19
produced by a carbon dioxide capture project for use in
20
enhanced oil or gas recovery.
21

(aa) Operate a carbon sequestration activity in a manner
22
that causes, threatens, or allows the release of carbon
23
dioxide so as to tend to cause water pollution in this State.
24

(bb) Conduct an organic waste composting operation without
25
an Agency solid waste permit; provided, however, that no solid
26
waste permit shall be required under this subsection (bb) for

SB3963
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1
any person:
2

(1) conducting an organic waste composting operation
3

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

source-separated organic waste, (ii) composting additives,
5

(iii) organic waste and additives in the process of being
6

composted, and (iv) end-product compost on-site at any one
7

time;
8

(2) conducting an organic waste composting operation
9

that meets all of the following requirements:
10

(A) total on-site volume does not exceed 1,000
11

cubic yards of (i) source-separated organic waste,
12

(ii) composting additives, (iii) organic waste and
13

additives in the process of being composted, and (iv)
14

end-product compost on-site at any one time;
15

(B) 200-foot setback from the nearest potable
16

water supply well for the composting area;
17

(C) the composting area is outside the 10-year
18

floodplain or is floodproofed;
19

(D) end-of-day processing/covering requirements
20

for nuisance and scavenging control;
21

(E) 5-foot separation from the water table;
22

(F) runoff control to prevent off-site runoff;
23

(G) dust, odor, and noise controls to prevent
24

off-site migration;
25

(H) annual registration with the Agency by March 1
26

including owner and operator, site description,

SB3963
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LRB104 19753 BDA 33203 b
1

prior-year volumes produced and received, and
2

certification of compliance with this paragraph; or
3

(3) conducting a landscape waste composting operation,
4

including landscape waste composting that accepts organic
5

waste as an additive, which is subject to subsection (q)
6

rather than this subsection (bb).
7

(cc) Operate an organic waste anaerobic digester without
8
an Agency solid waste permit. A solid waste permit is not
9
required for an anaerobic digester that utilizes only
10
non-waste feedstock. To the extent allowed by federal law,
11
organic material that (i) meets digester feedstock
12
specifications, (ii) is digested into biogas and digestate,
13
and (iii) is returned to the economic mainstream in the form of
14
raw materials or products is not subject to regulation as
15
waste.

16
(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
17
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff.
18
1-1-24; 103-651, eff. 7-18-24.)

19

(415 ILCS 5/22.34)
20

Sec. 22.34.
Organic waste compost quality standards.
21

(a) The Agency may develop and make recommendations to the
22
Board concerning (i) performance standards for organic waste
23
compost facilities and (ii) testing procedures and standards
24
for the end-product compost produced by organic waste compost
25
facilities.

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The Agency, in cooperation with the Department, shall
2
appoint a Technical Advisory Committee for the purpose of
3
developing these recommendations. Among other things, the
4
Committee shall evaluate environmental and safety
5
considerations, compliance costs, and regulations adopted in
6
other states and countries. The Committee shall have balanced
7
representation and shall include members representing
8
academia, the composting industry, the Department of
9
Agriculture, the landscaping industry, environmental
10
organizations, municipalities, and counties.
11

Performance standards for organic waste compost facilities
12
may include, but are not limited to:

13

(1) the management of potential exposures for human
14

disease vectors and odor;

15

(2) the management of surface water;

16

(3) contingency planning for handling end-product
17

compost material that does not meet end-product compost
18

standards adopted by the Board;

19

(4) plans for intended purposes of end-use product;
20

and

21

(5) a financial assurance plan necessary to restore
22

the site as specified in Agency permit. The financial
23

assurance plan may include, but is not limited to, posting
24

with the Agency a performance bond or other security for
25

the purpose of ensuring site restoration.
26

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

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1
recommendations to the Board under subsection (a) of this
2
Section, the Board shall adopt, as applicable:

3

(1) performance standards for organic waste compost
4

facilities; and

5

(2) testing procedures and standards for the
6

end-product compost produced by organic waste compost
7

facilities.
8

The Board shall evaluate the merits of different standards
9
for end-product compost applications.
10

(c) On-site residential composting that is used solely for
11
the purpose of composting organic waste generated on-site and
12
that will not be offered for off-site sale or use is exempt
13
from any standards promulgated under subsections (a) and (b).
14
Subsection (b)(2) shall not apply to end-product compost used
15
as daily cover or vegetative amendment in the final layer.
16
Subsection (b) applies to any end-product compost offered for
17
sale or use in Illinois.
18

(d)
(Blank).

For the purposes of this Section, "organic
19
waste" means food scrap, landscape waste, wood waste,
20
livestock waste, crop residue, paper waste, or other
21
non-hazardous carbonaceous waste that is collected and
22
processed separately from the rest of the municipal waste
23
stream.
24

(e) Except as otherwise provided in Board rules, solid
25
waste permits for organic waste composting facilities shall be
26
issued under the Board's Solid Waste rules at 35 Ill. Adm. Code

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807. The permits must include, but shall not be limited to,
2
measures designed to reduce pathogens in the compost.
3

(f) Standards adopted under this Section do not apply to
4
compost operations exempt from permitting under paragraph
5
(1.5) of subsection (q)
or under subsection (bb)
of Section 21
6
of this Act.
7
(Source: P.A. 98-239, eff. 8-9-13.)

8

(415 ILCS 5/3.197 rep.)
9

Section 10.
The Environmental Protection Act is amended by
10
repealing Section 3.197.

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