HB 5541

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Full Text of HB5541
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	HB5541 - 104th General Assembly
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			House Amendment 001
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		HB5541 Enrolled		LRB104 19752 BDA 34191 b
1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Sections 3.150, 3.155, 3.330, 21, and 22.34 and by
6adding Sections 3.123, 3.126, 3.182, 3.198, 3.308, and 3.309
7as follows:
8    (415 ILCS 5/3.123 new)
9    Sec. 3.123. Anaerobic digestion. "Anaerobic digestion" 
10means the process by which microorganisms break down organic 
11material in the absence of oxygen to produce biogas and 
12digestate.
13    (415 ILCS 5/3.126 new)
14    Sec. 3.126. Biogas. "Biogas" means the gas produced by the 
15anaerobic decomposition of organic material.
16    (415 ILCS 5/3.150)  (was 415 ILCS 5/3.69)
17    Sec. 3.150. Compost. "Compost" means [is defined as] the
18humus-like product of the process of composting [waste], which
19may be used as a soil conditioner.
20(Source: P.A. 92-574, eff. 6-26-02.)
		HB5541 Enrolled	- 2 -	LRB104 19752 BDA 34191 b
1    (415 ILCS 5/3.155)  (was 415 ILCS 5/3.70)
2    Sec. 3.155. Composting. "Composting" means the biological
3treatment process by which microorganisms aerobically
4decompose organic material under controlled conditions to 
5produce 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 
10liquid end products of anaerobic digestion.
11    (415 ILCS 5/3.198 new)
12    Sec. 3.198. Food waste. "Food waste" means the organic 
13waste fraction of garbage.
14    (415 ILCS 5/3.308 new)
15    Sec. 3.308. Organic material. "Organic material" means 
16carbon-based material originating from living organisms.
17    (415 ILCS 5/3.309 new)
18    Sec. 3.309. Organic waste. "Organic waste" means organic 
19material that meets the definition of "waste" under this Act.
20    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
21    Sec. 3.330. Pollution control facility.
		HB5541 Enrolled	- 3 -	LRB104 19752 BDA 34191 b
1    (a) "Pollution control facility" is any waste storage
2site, sanitary landfill, waste disposal site, waste transfer
3station, waste treatment facility, or waste incinerator. This
4includes sewers, sewage treatment plants, and any other
5facilities owned or operated by sanitary districts organized
6under the Metropolitan Water Reclamation District Act.
7    The following are not pollution control facilities:
8        (1) (blank);
9        (2) waste storage sites regulated under 40 CFR 761.42;
10        (3) sites or facilities used by any person conducting
11    a waste storage, waste treatment, waste disposal, waste
12    transfer or waste incineration operation, or a combination
13    thereof, for wastes generated by such person's own
14    activities, when such wastes are stored, treated, disposed
15    of, transferred or incinerated within the site or facility
16    owned, controlled or operated by such person, or when such
17    wastes are transported within or between sites or
18    facilities owned, controlled or operated by such person;
19        (4) sites or facilities at which the State is
20    performing removal or remedial action pursuant to Section
21    22.2 or 55.3;
22        (5) abandoned quarries used solely for the disposal of
23    concrete, earth materials, gravel, or aggregate debris
24    resulting from road construction activities conducted by a
25    unit of government or construction activities due to the
26    construction and installation of underground pipes, lines,
		HB5541 Enrolled	- 4 -	LRB104 19752 BDA 34191 b
1    conduit or wires off of the premises of a public utility
2    company which are conducted by a public utility;
3        (6) sites or facilities used by any person to
4    specifically conduct a landscape composting operation;
5        (7) regional facilities as defined in the Central
6    Midwest Interstate Low-Level Radioactive Waste Compact;
7        (8) the portion of a site or facility where coal
8    combustion wastes are stored or disposed of in accordance
9    with subdivision (r)(2) or (r)(3) of Section 21;
10        (9) the portion of a site or facility used for the
11    collection, storage or processing of waste tires as
12    defined in Title XIV;
13        (10) the portion of a site or facility used for
14    treatment of petroleum contaminated materials by
15    application onto or incorporation into the soil surface
16    and any portion of that site or facility used for storage
17    of petroleum contaminated materials before treatment. Only
18    those categories of petroleum listed in Section 57.9(a)(3)
19    are exempt under this subdivision (10);
20        (11) the portion of a site or facility where used oil
21    is collected or stored prior to shipment to a recycling or
22    energy recovery facility, provided that the used oil is
23    generated by households or commercial establishments, and
24    the site or facility is a recycling center or a business
25    where oil or gasoline is sold at retail;
26        (11.5) processing sites or facilities that receive
		HB5541 Enrolled	- 5 -	LRB104 19752 BDA 34191 b
1    only on-specification used oil, as defined in 35 Ill. Adm.
2    Code 739, originating from used oil collectors for
3    processing that is managed under 35 Ill. Adm. Code 739 to
4    produce products for sale to off-site petroleum
5    facilities, if these processing sites or facilities are:
6    (i) located within a home rule unit of local government
7    with a population of at least 30,000 according to the 2000
8    federal census, that home rule unit of local government
9    has been designated as an Urban Round II Empowerment Zone
10    by the United States Department of Housing and Urban
11    Development, and that home rule unit of local government
12    has enacted an ordinance approving the location of the
13    site or facility and provided funding for the site or
14    facility; and (ii) in compliance with all applicable
15    zoning requirements;
16        (12) the portion of a site or facility utilizing coal
17    combustion waste for stabilization and treatment of only
18    waste generated on that site or facility when used in
19    connection with response actions pursuant to the federal
20    Comprehensive Environmental Response, Compensation, and
21    Liability Act of 1980, the federal Resource Conservation
22    and Recovery Act of 1976, or the Illinois Environmental
23    Protection Act or as authorized by the Agency;
24        (13) the portion of a site or facility regulated under
25    Section 22.38 of this Act;
26        (14) the portion of a site or facility, located within
		HB5541 Enrolled	- 6 -	LRB104 19752 BDA 34191 b
1    a unit of local government that has enacted local zoning
2    requirements, used to accept, separate, and process
3    uncontaminated broken concrete, with or without protruding
4    metal bars, provided that the uncontaminated broken
5    concrete and metal bars are not speculatively accumulated,
6    are at the site or facility no longer than one year after
7    their acceptance, and are returned to the economic
8    mainstream in the form of raw materials or products;
9        (15) the portion of a site or facility located in a
10    county with a population over 3,000,000 that has obtained
11    local siting approval under Section 39.2 of this Act for a
12    municipal waste incinerator on or before July 1, 2005 and
13    that is used for a non-hazardous waste transfer station;
14        (16) a site or facility that temporarily holds in
15    transit for 10 days or less, non-putrescible solid waste
16    in original containers, no larger in capacity than 500
17    gallons, provided that such waste is further transferred
18    to a recycling, disposal, treatment, or storage facility
19    on a non-contiguous site and provided such site or
20    facility complies with the applicable 10-day transfer
21    requirements of the federal Resource Conservation and
22    Recovery Act of 1976 and United States Department of
23    Transportation hazardous material requirements. For
24    purposes of this Section only, "non-putrescible solid
25    waste" means waste other than municipal garbage that does
26    not rot or become putrid, including, but not limited to,
		HB5541 Enrolled	- 7 -	LRB104 19752 BDA 34191 b
1    paints, solvent, filters, and absorbents;
2        (17) the portion of a site or facility located in a
3    county with a population greater than 3,000,000 that has
4    obtained local siting approval, under Section 39.2 of this
5    Act, for a municipal waste incinerator on or before July
6    1, 2005 and that is used for wood combustion facilities
7    for energy recovery that accept and burn only wood
8    material, as included in a fuel specification approved by
9    the Agency;
10        (18) a transfer station used exclusively for landscape
11    waste, including a transfer station where landscape waste
12    is ground to reduce its volume, where the landscape waste
13    is held no longer than 24 hours from the time it was
14    received;
15        (19) the portion of a site or facility that (i) is used
16    for the composting of organic waste [of food scrap, ]
17    [livestock waste, crop residue, uncontaminated wood waste, ]
18    [or paper waste, including, but not limited to, corrugated ]
19    [paper or cardboard,] and (ii) meets all of the following
20    requirements:
21            (A) There must not be more than a total of 30,000
22        cubic yards of livestock waste in raw form or in the
23        process of being composted at the site or facility at
24        any one time.
25            (B) All organic waste [food scrap, livestock waste, ]
26        [crop residue, uncontaminated wood waste, and paper ]
		HB5541 Enrolled	- 8 -	LRB104 19752 BDA 34191 b
1        [waste] must, by the end of each operating day, be
2        processed and placed into an enclosed vessel in which
3        air flow and temperature are controlled, or all of the
4        following additional requirements must be met:
5                (i) The portion of the site or facility used
6            for the composting operation must include a
7            setback of at least 200 feet from the nearest
8            potable water supply well.
9                (ii) The portion of the site or facility used
10            for the composting operation must be located
11            outside the boundary of the 10-year floodplain or
12            floodproofed.
13                (iii) Except in municipalities with more than
14            1,000,000 inhabitants, the portion of the site or
15            facility used for the composting operation must be
16            located at least one-eighth of a mile from the
17            nearest residence, other than a residence located
18            on the same property as the site or facility.
19                (iv) The portion of the site or facility used
20            for the composting operation must be located at
21            least one-eighth of a mile from the property line
22            of all of the following areas:
23                    (I) Facilities that primarily serve to
24                house or treat people that are
25                immunocompromised or immunosuppressed, such as
26                cancer or AIDS patients; people with asthma,
		HB5541 Enrolled	- 9 -	LRB104 19752 BDA 34191 b
1                cystic fibrosis, or bioaerosol allergies; or
2                children under the age of one year.
3                    (II) Primary and secondary schools and
4                adjacent areas that the schools use for
5                recreation.
6                    (III) Any facility for child care licensed
7                under Section 3 of the Child Care Act of 1969;
8                preschools; and adjacent areas that the
9                facilities or preschools use for recreation.
10                (v) By the end of each operating day, all
11            organic waste [food scrap, livestock waste, crop ]
12            [residue, uncontaminated wood waste, and paper ]
13            [waste] must be (i) processed into windrows or other
14            piles and (ii) covered in a manner that prevents
15            scavenging by birds and animals and that prevents
16            other nuisances.
17            (C) Organic waste [Food scrap, livestock waste, ]
18        [crop residue, uncontaminated wood waste, paper waste, ]
19        [and compost] must not be placed within 5 feet of the
20        water table.
21            (D) The site or facility must meet all of the
22        requirements of the Wild and Scenic Rivers Act (16
23        U.S.C. 1271 et seq.).
24            (E) The site or facility must not (i) restrict the
25        flow of a 100-year flood, (ii) result in washout of
26        organic waste [food scrap, livestock waste, crop ]
		HB5541 Enrolled	- 10 -	LRB104 19752 BDA 34191 b
1        [residue, uncontaminated wood waste, or paper waste]
2        from a 100-year flood, or (iii) reduce the temporary
3        water storage capacity of the 100-year floodplain,
4        unless measures are undertaken to provide alternative
5        storage capacity, such as by providing lagoons,
6        holding tanks, or drainage around structures at the
7        facility.
8            (F) The site or facility must not be located in any
9        area where it may pose a threat of harm or destruction
10        to the features for which:
11                (i) an irreplaceable historic or
12            archaeological site has been listed under the
13            National Historic Preservation Act (16 U.S.C. 470
14            et seq.) or the Illinois Historic Preservation
15            Act;
16                (ii) a natural landmark has been designated by
17            the National Park Service or the Illinois State
18            Historic Preservation Office; or
19                (iii) a natural area has been designated as a
20            Dedicated Illinois Nature Preserve under the
21            Illinois Natural Areas Preservation Act.
22            (G) The site or facility must not be located in an
23        area where it may jeopardize the continued existence
24        of any designated endangered species, result in the
25        destruction or adverse modification of the critical
26        habitat for such species, or cause or contribute to
		HB5541 Enrolled	- 11 -	LRB104 19752 BDA 34191 b
1        the taking of any endangered or threatened species of
2        plant, fish, or wildlife listed under the Endangered
3        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
4        Endangered Species Protection Act;
5        (20) the portion of a site or facility that is located
6    entirely within a home rule unit having a population of no
7    less than 120,000 and no more than 135,000, according to
8    the 2000 federal census, and that meets all of the
9    following requirements:
10            (i) the portion of the site or facility is used
11        exclusively to perform testing of a thermochemical
12        conversion technology using only woody biomass,
13        collected as landscape waste within the boundaries of
14        the home rule unit, as the hydrocarbon feedstock for
15        the production of synthetic gas in accordance with
16        Section 39.9 of this Act;
17            (ii) the portion of the site or facility is in
18        compliance with all applicable zoning requirements;
19        and
20            (iii) a complete application for a demonstration
21        permit at the portion of the site or facility has been
22        submitted to the Agency in accordance with Section
23        39.9 of this Act within one year after July 27, 2010
24        (the effective date of Public Act 96-1314);
25        (21) the portion of a site or facility used to perform
26    limited testing of a gasification conversion technology in
		HB5541 Enrolled	- 12 -	LRB104 19752 BDA 34191 b
1    accordance with Section 39.8 of this Act and for which a
2    complete permit application has been submitted to the
3    Agency prior to one year from April 9, 2010 (the effective
4    date of Public Act 96-887);
5        (22) the portion of a site or facility that is used to
6    incinerate only pharmaceuticals from residential sources
7    that are collected and transported by law enforcement
8    agencies under Section 17.9A of this Act;
9        (23) the portion of a site or facility:
10            (A) that is used exclusively for the transfer of
11        commingled landscape waste and food waste [food scrap]
12        held at the site or facility for no longer than 24
13        hours after their receipt;
14            (B) that is located entirely within a home rule
15        unit having a population of (i) not less than 100,000
16        and not more than 115,000 according to the 2010
17        federal census, (ii) not less than 5,000 and not more
18        than 10,000 according to the 2010 federal census, or
19        (iii) not less than 25,000 and not more than 30,000
20        according to the 2010 federal census or that is
21        located in the unincorporated area of a county having
22        a population of not less than 700,000 and not more than
23        705,000 according to the 2010 federal census;
24            (C) that is permitted, by the Agency, prior to
25        January 1, 2002, for the transfer of landscape waste
26        if located in a home rule unit or that is permitted
		HB5541 Enrolled	- 13 -	LRB104 19752 BDA 34191 b
1        prior to January 1, 2008 if located in an
2        unincorporated area of a county; and
3            (D) for which a permit application is submitted to
4        the Agency to modify an existing permit for the
5        transfer of landscape waste to also include, on a
6        demonstration basis not to exceed 24 months each time
7        a permit is issued, the transfer of commingled
8        landscape waste and food waste [food scrap] or for which
9        a permit application is submitted to the Agency within
10        6 months of August 11, 2017 (the effective date of
11        Public Act 100-94);
12        (24) the portion of a municipal solid waste landfill
13    unit:
14            (A) that is located in a county having a
15        population of not less than 55,000 and not more than
16        60,000 according to the 2010 federal census;
17            (B) that is owned by that county;
18            (C) that is permitted, by the Agency, prior to
19        July 10, 2015 (the effective date of Public Act
20        99-12); and
21            (D) for which a permit application is submitted to
22        the Agency within 6 months after July 10, 2015 (the
23        effective date of Public Act 99-12) for the disposal
24        of non-hazardous special waste;
25        (25) the portion of a site or facility used during a
26    mass animal mortality event, as defined in the Animal
		HB5541 Enrolled	- 14 -	LRB104 19752 BDA 34191 b
1    Mortality Act, where such waste is collected, stored,
2    processed, disposed, or incinerated under a mass animal
3    mortality event plan issued by the Department of
4    Agriculture; and
5        (26) the portion of a mine used for the placement of
6    limestone residual materials generated from the treatment
7    of drinking water by a municipal utility in accordance
8    with rules adopted under Section 22.63.
9    (b) A new pollution control facility is:
10        (1) a pollution control facility initially permitted
11    for development or construction after July 1, 1981; or
12        (2) the area of expansion beyond the boundary of a
13    currently permitted pollution control facility; or
14        (3) a permitted pollution control facility requesting
15    approval to store, dispose of, transfer or incinerate, for
16    the first time, any special or hazardous waste.
17(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
18102-813, eff. 5-13-22; 103-333, eff. 1-1-24.)
19    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
20    Sec. 21. Prohibited acts. No person shall:
21    (a) Cause or allow the open dumping of any waste.
22    (b) Abandon, dump, or deposit any waste upon the public
23highways or other public property, except in a sanitary
24landfill approved by the Agency pursuant to regulations
25adopted by the Board.
		HB5541 Enrolled	- 15 -	LRB104 19752 BDA 34191 b
1    (c) Abandon any vehicle in violation of the "Abandoned
2Vehicles Amendment to the Illinois Vehicle Code", as enacted
3by the 76th General Assembly.
4    (d) Conduct any waste-storage, waste-treatment, or
5waste-disposal operation:
6        (1) without a permit granted by the Agency or in
7    violation of any conditions imposed by such permit,
8    including periodic reports and full access to adequate
9    records and the inspection of facilities, as may be
10    necessary to assure compliance with this Act and with
11    regulations and standards adopted thereunder; provided,
12    however, that, except for municipal solid waste landfill
13    units that receive waste on or after October 9, 1993, and
14    CCR surface impoundments, no permit shall be required for
15    (i) any person conducting a waste-storage,
16    waste-treatment, or waste-disposal operation for wastes
17    generated by such person's own activities which are
18    stored, treated, or disposed within the site where such
19    wastes are generated, (ii) until one year after the
20    effective date of rules adopted by the Board under
21    subsection (n) of Section 22.38, a facility located in a
22    county with a population over 700,000 as of January 1,
23    2000, operated and located in accordance with Section
24    22.38 of this Act, and used exclusively for the transfer,
25    storage, or treatment of general construction or
26    demolition debris, provided that the facility was
		HB5541 Enrolled	- 16 -	LRB104 19752 BDA 34191 b
1    receiving construction or demolition debris on August 24,
2    2009 (the effective date of Public Act 96-611), or (iii)
3    any person conducting a waste transfer, storage,
4    treatment, or disposal operation, including, but not
5    limited to, a waste transfer or waste composting
6    operation, under a mass animal mortality event plan
7    created by the Department of Agriculture;
8        (2) in violation of any regulations or standards
9    adopted by the Board under this Act;
10        (3) which receives waste after August 31, 1988, does
11    not have a permit issued by the Agency, and is (i) a
12    landfill used exclusively for the disposal of waste
13    generated at the site, (ii) a surface impoundment
14    receiving special waste not listed in an NPDES permit,
15    (iii) a waste pile in which the total volume of waste is
16    greater than 100 cubic yards or the waste is stored for
17    over one year, or (iv) a land treatment facility receiving
18    special waste generated at the site; without giving notice
19    of the operation to the Agency by January 1, 1989, or 30
20    days after the date on which the operation commences,
21    whichever is later, and every 3 years thereafter. The form
22    for such notification shall be specified by the Agency,
23    and shall be limited to information regarding: the name
24    and address of the location of the operation; the type of
25    operation; the types and amounts of waste stored, treated
26    or disposed of on an annual basis; the remaining capacity
		HB5541 Enrolled	- 17 -	LRB104 19752 BDA 34191 b
1    of the operation; and the remaining expected life of the
2    operation.
3    Item (3) of this subsection (d) shall not apply to any
4person engaged in agricultural activity who is disposing of a
5substance that constitutes solid waste, if the substance was
6acquired for use by that person on his own property, and the
7substance is disposed of on his own property in accordance
8with regulations or standards adopted by the Board.
9    This subsection (d) shall not apply to hazardous waste.
10    (e) Dispose, treat, store or abandon any waste, or
11transport any waste into this State for disposal, treatment,
12storage or abandonment, except at a site or facility which
13meets the requirements of this Act and of regulations and
14standards thereunder.
15    (f) Conduct any hazardous waste-storage, hazardous
16waste-treatment or hazardous waste-disposal operation:
17        (1) without a RCRA permit for the site issued by the
18    Agency under subsection (d) of Section 39 of this Act, or
19    in violation of any condition imposed by such permit,
20    including periodic reports and full access to adequate
21    records and the inspection of facilities, as may be
22    necessary to assure compliance with this Act and with
23    regulations and standards adopted thereunder; or
24        (2) in violation of any regulations or standards
25    adopted by the Board under this Act; or
26        (3) in violation of any RCRA permit filing requirement
		HB5541 Enrolled	- 18 -	LRB104 19752 BDA 34191 b
1    established under standards adopted by the Board under
2    this Act; or
3        (4) in violation of any order adopted by the Board
4    under this Act.
5    Notwithstanding the above, no RCRA permit shall be
6required under this subsection or subsection (d) of Section 39
7of this Act for any person engaged in agricultural activity
8who is disposing of a substance which has been identified as a
9hazardous waste, and which has been designated by Board
10regulations as being subject to this exception, if the
11substance was acquired for use by that person on his own
12property and the substance is disposed of on his own property
13in accordance with regulations or standards adopted by the
14Board.
15    (g) Conduct any hazardous waste-transportation operation:
16        (1) without registering with and obtaining a special
17    waste hauling permit from the Agency in accordance with
18    the regulations adopted by the Board under this Act; or
19        (2) in violation of any regulations or standards
20    adopted by the Board under this Act.
21    (h) Conduct any hazardous waste-recycling or hazardous
22waste-reclamation or hazardous waste-reuse operation in
23violation of any regulations, standards or permit requirements
24adopted by the Board under this Act.
25    (i) Conduct any process or engage in any act which
26produces hazardous waste in violation of any regulations or
		HB5541 Enrolled	- 19 -	LRB104 19752 BDA 34191 b
1standards adopted by the Board under subsections (a) and (c)
2of Section 22.4 of this Act.
3    (j) Conduct any special waste-transportation operation in
4violation of any regulations, standards or permit requirements
5adopted by the Board under this Act. However, sludge from a
6water or sewage treatment plant owned and operated by a unit of
7local government which (1) is subject to a sludge management
8plan approved by the Agency or a permit granted by the Agency,
9and (2) has been tested and determined not to be a hazardous
10waste as required by applicable State and federal laws and
11regulations, may be transported in this State without a
12special waste hauling permit, and the preparation and carrying
13of a manifest shall not be required for such sludge under the
14rules of the Pollution Control Board. The unit of local
15government which operates the treatment plant producing such
16sludge shall file an annual report with the Agency identifying
17the volume of such sludge transported during the reporting
18period, the hauler of the sludge, and the disposal sites to
19which it was transported. This subsection (j) shall not apply
20to hazardous waste.
21    (k) Fail or refuse to pay any fee imposed under this Act.
22    (l) Locate a hazardous waste disposal site above an active
23or inactive shaft or tunneled mine or within 2 miles of an
24active fault in the earth's crust. In counties of population
25less than 225,000 no hazardous waste disposal site shall be
26located (1) within 1 1/2 miles of the corporate limits as
		HB5541 Enrolled	- 20 -	LRB104 19752 BDA 34191 b
1defined on June 30, 1978, of any municipality without the
2approval of the governing body of the municipality in an
3official action; or (2) within 1000 feet of an existing
4private well or the existing source of a public water supply
5measured from the boundary of the actual active permitted site
6and excluding existing private wells on the property of the
7permit applicant. The provisions of this subsection do not
8apply to publicly owned sewage works or the disposal or
9utilization of sludge from publicly owned sewage works.
10    (m) Transfer interest in any land which has been used as a
11hazardous waste disposal site without written notification to
12the Agency of the transfer and to the transferee of the
13conditions imposed by the Agency upon its use under subsection
14(g) of Section 39.
15    (n) Use any land which has been used as a hazardous waste
16disposal site except in compliance with conditions imposed by
17the Agency under subsection (g) of Section 39.
18    (o) Conduct a sanitary landfill operation which is
19required to have a permit under subsection (d) of this
20Section, in a manner which results in any of the following
21conditions:
22        (1) refuse in standing or flowing waters;
23        (2) leachate flows entering waters of the State;
24        (3) leachate flows exiting the landfill confines (as
25    determined by the boundaries established for the landfill
26    by a permit issued by the Agency);
		HB5541 Enrolled	- 21 -	LRB104 19752 BDA 34191 b
1        (4) open burning of refuse in violation of Section 9
2    of this Act;
3        (5) uncovered refuse remaining from any previous
4    operating day or at the conclusion of any operating day,
5    unless authorized by permit;
6        (6) failure to provide final cover within time limits
7    established by Board regulations;
8        (7) acceptance of wastes without necessary permits;
9        (8) scavenging as defined by Board regulations;
10        (9) deposition of refuse in any unpermitted portion of
11    the landfill;
12        (10) acceptance of a special waste without a required
13    manifest;
14        (11) failure to submit reports required by permits or
15    Board regulations;
16        (12) failure to collect and contain litter from the
17    site by the end of each operating day;
18        (13) failure to submit any cost estimate for the site
19    or any performance bond or other security for the site as
20    required by this Act or Board rules.
21    The prohibitions specified in this subsection (o) shall be
22enforceable by the Agency either by administrative citation
23under Section 31.1 of this Act or as otherwise provided by this
24Act. The specific prohibitions in this subsection do not limit
25the power of the Board to establish regulations or standards
26applicable to sanitary landfills.
		HB5541 Enrolled	- 22 -	LRB104 19752 BDA 34191 b
1    (p) In violation of subdivision (a) of this Section, cause
2or allow the open dumping of any waste in a manner which
3results in any of the following occurrences at the dump site:
4        (1) litter;
5        (2) scavenging;
6        (3) open burning;
7        (4) deposition of waste in standing or flowing waters;
8        (5) proliferation of disease vectors;
9        (6) standing or flowing liquid discharge from the dump
10    site;
11        (7) deposition of:
12            (i) general construction or demolition debris as
13        defined in Section 3.160(a) of this Act; or
14            (ii) clean construction or demolition debris as
15        defined in Section 3.160(b) of this Act.
16    The prohibitions specified in this subsection (p) shall be
17enforceable by the Agency either by administrative citation
18under Section 31.1 of this Act or as otherwise provided by this
19Act. The specific prohibitions in this subsection do not limit
20the power of the Board to establish regulations or standards
21applicable to open dumping.
22    (q) Conduct a landscape waste composting operation without
23an Agency permit, provided, however, that no permit shall be
24required for any person:
25        (1) conducting a landscape waste composting operation
26    for landscape wastes generated by such person's own
		HB5541 Enrolled	- 23 -	LRB104 19752 BDA 34191 b
1    activities which are stored, treated, or disposed of
2    within the site where such wastes are generated; or
3        (1.5) conducting a landscape waste composting
4    operation that (i) has no more than 25 cubic yards of
5    landscape waste, composting additives, composting
6    material, or end-product compost on-site at any one time
7    and (ii) is not engaging in commercial activity; or
8        (2) applying landscape waste or composted landscape
9    waste at agronomic rates; or
10        (2.5) operating a landscape waste composting facility
11    at a site having 10 or more occupied non-farm residences
12    within 1/2 mile of its boundaries, if the facility meets
13    all of the following criteria:
14            (A) the composting facility is operated by the
15        farmer on property on which the composting material is
16        utilized, and the composting facility constitutes no
17        more than 2% of the site's total acreage;
18            (A-5) any composting additives that the composting
19        facility accepts and uses at the facility are
20        necessary to provide proper conditions for composting
21        and do not exceed 10% of the total composting material
22        at the facility at any one time;
23            (B) the property on which the composting facility
24        is located, and any associated property on which the
25        compost is used, is principally and diligently devoted
26        to the production of agricultural crops and is not
		HB5541 Enrolled	- 24 -	LRB104 19752 BDA 34191 b
1        owned, leased, or otherwise controlled by any waste
2        hauler or generator of nonagricultural compost
3        materials, and the operator of the composting facility
4        is not an employee, partner, shareholder, or in any
5        way connected with or controlled by any such waste
6        hauler or generator;
7            (C) all compost generated by the composting
8        facility, except incidental sales of finished compost,
9        is applied at agronomic rates and used as mulch,
10        fertilizer, or soil conditioner on land actually
11        farmed by the person operating the composting
12        facility, and the finished compost is not stored at
13        the composting site for a period longer than 18 months
14        prior to its application as mulch, fertilizer, or soil
15        conditioner;
16            (D) no fee is charged for the acceptance of
17        materials to be composted at the facility; and
18            (E) the owner or operator, by January 1, 2014 (or
19        the January 1 following commencement of operation,
20        whichever is later) and January 1 of each year
21        thereafter, registers the site with the Agency, (ii)
22        reports to the Agency on the volume of composting
23        material received and used at the site; (iii)
24        certifies to the Agency that the site complies with
25        the requirements set forth in subparagraphs (A),
26        (A-5), (B), (C), and (D) of this paragraph (2.5); and
		HB5541 Enrolled	- 25 -	LRB104 19752 BDA 34191 b
1        (iv) certifies to the Agency that all composting
2        material was placed more than 200 feet from the
3        nearest potable water supply well, was placed outside
4        the boundary of the 10-year floodplain or on a part of
5        the site that is floodproofed, was placed at least
6        one-fourth of a [1/4] mile from the nearest residence
7        (other than a residence located on the same property
8        as the facility) or a lesser distance from the nearest
9        residence (other than a residence located on the same
10        property as the facility) if the municipality in which
11        the facility is located has by ordinance approved a
12        lesser distance than one-fourth of a [1/4] mile, and was
13        placed more than 5 feet above the water table; any
14        ordinance approving a residential setback of less than
15        one-fourth of a [1/4] mile that is used to meet the
16        requirements of this subparagraph (E) of paragraph
17        (2.5) of this subsection must specifically reference
18        this paragraph; or
19        (3) operating a landscape waste composting facility on
20    a farm, if the facility meets all of the following
21    criteria:
22            (A) the composting facility is operated by the
23        farmer on property on which the composting material is
24        utilized, and the composting facility constitutes no
25        more than 2% of the property's total acreage, except
26        that the Board may allow a higher percentage for
		HB5541 Enrolled	- 26 -	LRB104 19752 BDA 34191 b
1        individual sites where the owner or operator has
2        demonstrated to the Board that the site's soil
3        characteristics or crop needs require a higher rate;
4            (A-1) the composting facility accepts from other
5        agricultural operations for composting with landscape
6        waste no materials other than uncontaminated and
7        source-separated (i) crop residue and other
8        agricultural plant residue generated from the
9        production and harvesting of crops and other customary
10        farm practices, including, but not limited to, stalks,
11        leaves, seed pods, husks, bagasse, and roots and (ii)
12        plant-derived animal bedding, such as straw or
13        sawdust, that is free of manure and was not made from
14        painted or treated wood;
15            (A-2) any composting additives that the composting
16        facility accepts and uses at the facility are
17        necessary to provide proper conditions for composting
18        and do not exceed 10% of the total composting material
19        at the facility at any one time;
20            (B) the property on which the composting facility
21        is located, and any associated property on which the
22        compost is used, is principally and diligently devoted
23        to the production of agricultural crops and is not
24        owned, leased or otherwise controlled by any waste
25        hauler or generator of nonagricultural compost
26        materials, and the operator of the composting facility
		HB5541 Enrolled	- 27 -	LRB104 19752 BDA 34191 b
1        is not an employee, partner, shareholder, or in any
2        way connected with or controlled by any such waste
3        hauler or generator;
4            (C) all compost generated by the composting
5        facility, except incidental sales of finished compost,
6        is applied at agronomic rates and used as mulch,
7        fertilizer or soil conditioner on land actually farmed
8        by the person operating the composting facility, and
9        the finished compost is not stored at the composting
10        site for a period longer than 18 months prior to its
11        application as mulch, fertilizer, or soil conditioner;
12            (D) the owner or operator, by January 1 of each
13        year, (i) registers the site with the Agency, (ii)
14        reports to the Agency on the volume of composting
15        material received and used at the site and the volume
16        of material comprising the incidental sale of finished
17        compost under this subsection (q), (iii) certifies to
18        the Agency that the site complies with the
19        requirements set forth in subparagraphs (A), (A-1),
20        (A-2), (B), and (C) of this paragraph (q)(3), and (iv)
21        certifies to the Agency that all composting material:
22                (I) was placed more than 200 feet from the
23            nearest potable water supply well;
24                (II) was placed outside the boundary of the
25            10-year floodplain or on a part of the site that is
26            floodproofed;
		HB5541 Enrolled	- 28 -	LRB104 19752 BDA 34191 b
1                (III) was placed either (aa) at least
2            one-fourth of a [1/4] mile from the nearest
3            residence (other than a residence located on the
4            same property as the facility) and there are not
5            more than 10 occupied non-farm residences within
6            1/2 mile of the boundaries of the site on the date
7            of application or (bb) a lesser distance from the
8            nearest residence (other than a residence located
9            on the same property as the facility) provided
10            that the municipality or county in which the
11            facility is located has by ordinance approved a
12            lesser distance than one-fourth of a [1/4] mile and
13            there are not more than 10 occupied non-farm
14            residences within 1/2 mile of the boundaries of
15            the site on the date of application; and
16                (IV) was placed more than 5 feet above the
17            water table.
18            Any ordinance approving a residential setback of
19        less than one-fourth of a [1/4] mile that is used to meet
20        the requirements of this subparagraph (D) must
21        specifically reference this subparagraph.
22    For the purposes of this subsection (q), "agronomic rates"
23means the application of not more than 20 tons per acre per
24year, except that the Board may allow a higher rate for
25individual sites where the owner or operator has demonstrated
26to the Board that the site's soil characteristics or crop
		HB5541 Enrolled	- 29 -	LRB104 19752 BDA 34191 b
1needs require a higher rate.
2    For the purposes of this subsection (q), "incidental sale
3of finished compost" means the sale of finished compost that
4meets general use compost standards and is no more than 20% or
5300 cubic yards, whichever is less, of the total compost
6created annually by a private landowner for the landowner's
7own use.
8    (r) Cause or allow the storage or disposal of coal
9combustion waste unless:
10        (1) such waste is stored or disposed of at a site or
11    facility for which a permit has been obtained or is not
12    otherwise required under subsection (d) of this Section;
13    or
14        (2) such waste is stored or disposed of as a part of
15    the design and reclamation of a site or facility which is
16    an abandoned mine site in accordance with the Abandoned
17    Mined Lands and Water Reclamation Act; or
18        (3) such waste is stored or disposed of at a site or
19    facility which is operating under NPDES and Subtitle D
20    permits issued by the Agency pursuant to regulations
21    adopted by the Board for mine-related water pollution and
22    permits issued pursuant to the federal Surface Mining
23    Control and Reclamation Act of 1977 (P.L. 95-87) or the
24    rules and regulations thereunder or any law or rule or
25    regulation adopted by the State of Illinois pursuant
26    thereto, and the owner or operator of the facility agrees
		HB5541 Enrolled	- 30 -	LRB104 19752 BDA 34191 b
1    to accept the waste; and either:
2            (i) such waste is stored or disposed of in
3        accordance with requirements applicable to refuse
4        disposal under regulations adopted by the Board for
5        mine-related water pollution and pursuant to NPDES and
6        Subtitle D permits issued by the Agency under such
7        regulations; or
8            (ii) the owner or operator of the facility
9        demonstrates all of the following to the Agency, and
10        the facility is operated in accordance with the
11        demonstration as approved by the Agency: (1) the
12        disposal area will be covered in a manner that will
13        support continuous vegetation, (2) the facility will
14        be adequately protected from wind and water erosion,
15        (3) the pH will be maintained so as to prevent
16        excessive leaching of metal ions, and (4) adequate
17        containment or other measures will be provided to
18        protect surface water and groundwater from
19        contamination at levels prohibited by this Act, the
20        Illinois Groundwater Protection Act, or regulations
21        adopted pursuant thereto.
22    Notwithstanding any other provision of this Title, the
23disposal of coal combustion waste pursuant to item (2) or (3)
24of this subdivision (r) shall be exempt from the other
25provisions of this Title V, and notwithstanding the provisions
26of Title X of this Act, the Agency is authorized to grant
		HB5541 Enrolled	- 31 -	LRB104 19752 BDA 34191 b
1experimental permits which include provision for the disposal
2of wastes from the combustion of coal and other materials
3pursuant to items (2) and (3) of this subdivision (r).
4    (s) After April 1, 1989, offer for transportation,
5transport, deliver, receive or accept special waste for which
6a manifest is required, unless the manifest indicates that the
7fee required under Section 22.8 of this Act has been paid.
8    (t) Cause or allow a lateral expansion of a municipal
9solid waste landfill unit on or after October 9, 1993, without
10a permit modification, granted by the Agency, that authorizes
11the lateral expansion.
12    (u) Conduct any vegetable by-product treatment, storage,
13disposal or transportation operation in violation of any
14regulation, standards or permit requirements adopted by the
15Board under this Act. However, no permit shall be required
16under this Title V for the land application of vegetable
17by-products conducted pursuant to Agency permit issued under
18Title III of this Act to the generator of the vegetable
19by-products. In addition, vegetable by-products may be
20transported in this State without a special waste hauling
21permit, and without the preparation and carrying of a
22manifest.
23    (v) (Blank).
24    (w) Conduct any generation, transportation, or recycling
25of construction or demolition debris, clean or general, or
26uncontaminated soil generated during construction, remodeling,
		HB5541 Enrolled	- 32 -	LRB104 19752 BDA 34191 b
1repair, and demolition of utilities, structures, and roads
2that is not commingled with any waste, without the maintenance
3of documentation identifying the hauler, generator, place of
4origin of the debris or soil, the weight or volume of the
5debris or soil, and the location, owner, and operator of the
6facility where the debris or soil was transferred, disposed,
7recycled, or treated. This documentation must be maintained by
8the generator, transporter, or recycler for 3 years. This
9subsection (w) shall not apply to (1) a permitted pollution
10control facility that transfers or accepts construction or
11demolition debris, clean or general, or uncontaminated soil
12for final disposal, recycling, or treatment, (2) a public
13utility (as that term is defined in the Public Utilities Act)
14or a municipal utility, (3) the Illinois Department of
15Transportation, or (4) a municipality or a county highway
16department, with the exception of any municipality or county
17highway department located within a county having a population
18of over 3,000,000 inhabitants or located in a county that is
19contiguous to a county having a population of over 3,000,000
20inhabitants; but it shall apply to an entity that contracts
21with a public utility, a municipal utility, the Illinois
22Department of Transportation, or a municipality or a county
23highway department. The terms "generation" and "recycling", as
24used in this subsection, do not apply to clean construction or
25demolition debris when (i) used as fill material below grade
26outside of a setback zone if covered by sufficient
		HB5541 Enrolled	- 33 -	LRB104 19752 BDA 34191 b
1uncontaminated soil to support vegetation within 30 days of
2the completion of filling or if covered by a road or structure,
3(ii) solely broken concrete without protruding metal bars is
4used for erosion control, or (iii) milled asphalt or crushed
5concrete is used as aggregate in construction of the shoulder
6of a roadway. The terms "generation" and "recycling", as used
7in this subsection, do not apply to uncontaminated soil that
8is not commingled with any waste when (i) used as fill material
9below grade or contoured to grade, or (ii) used at the site of
10generation.
11    (y) Inject any carbon dioxide stream produced by a carbon
12dioxide capture project into a Class II well, as defined by the
13Board under this Act, or a Class VI well converted from a Class
14II well, for purposes of enhanced oil or gas recovery,
15including, but not limited to, the facilitation of enhanced
16oil or gas recovery from another well.
17    (z) Sell or transport concentrated carbon dioxide stream
18produced by a carbon dioxide capture project for use in
19enhanced oil or gas recovery.
20    (aa) Operate a carbon sequestration activity in a manner
21that causes, threatens, or allows the release of carbon
22dioxide so as to tend to cause water pollution in this State.
23    (bb) Conduct an organic waste composting operation without 
24an Agency permit, provided, however, that no permit shall be 
25required for any person:
26        (1) conducting an organic waste composting operation 
		HB5541 Enrolled	- 34 -	LRB104 19752 BDA 34191 b
1    for organic wastes generated by such person's own 
2    activities which are stored, treated, or disposed of 
3    within the site where such wastes are generated; or
4        (2) conducting an organic waste composting operation 
5    that (i) has not more than 50 cubic yards of organic waste, 
6    composting additives, composting material, or end-product 
7    compost on-site at any one time and (ii) is not engaging in 
8    commercial activity.
9    Landscape waste composting operations, including landscape 
10waste composting operations that accept organic waste as an 
11additive, are subject to subsection (q) rather than this 
12subsection (bb).
13(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
14102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff.
151-1-24; 103-651, eff. 7-18-24.)
16    (415 ILCS 5/22.34)
17    Sec. 22.34. Organic waste compost quality standards.
18    (a) The Agency may develop and make recommendations to the
19Board concerning (i) performance standards for organic waste
20compost facilities and (ii) testing procedures and standards
21for the end-product compost produced by organic waste compost
22facilities.
23    The Agency, in cooperation with the Department, shall
24appoint a Technical Advisory Committee for the purpose of
25developing these recommendations. Among other things, the
		HB5541 Enrolled	- 35 -	LRB104 19752 BDA 34191 b
1Committee shall evaluate environmental and safety
2considerations, compliance costs, and regulations adopted in
3other states and countries. The Committee shall have balanced
4representation and shall include members representing
5academia, the composting industry, the Department of
6Agriculture, the landscaping industry, environmental
7organizations, municipalities, and counties.
8    Performance standards for organic waste compost facilities
9may include, but are not limited to:
10        (1) the management of potential exposures for human
11    disease vectors and odor;
12        (2) the management of surface water;
13        (3) contingency planning for handling end-product
14    compost material that does not meet end-product compost
15    standards adopted by the Board;
16        (4) plans for intended purposes of end-use product;
17    and
18        (5) a financial assurance plan necessary to restore
19    the site as specified in Agency permit. The financial
20    assurance plan may include, but is not limited to, posting
21    with the Agency a performance bond or other security for
22    the purpose of ensuring site restoration.
23    (b) No later than one year after the Agency makes
24recommendations to the Board under subsection (a) of this
25Section, the Board shall adopt, as applicable:
26        (1) performance standards for organic waste compost
		HB5541 Enrolled	- 36 -	LRB104 19752 BDA 34191 b
1    facilities; and
2        (2) testing procedures and standards for the
3    end-product compost produced by organic waste compost
4    facilities.
5    The Board shall evaluate the merits of different standards
6for end-product compost applications.
7    (c) On-site residential composting that is used solely for
8the purpose of composting organic waste generated on-site and
9that will not be offered for off-site sale or use is exempt
10from any standards promulgated under subsections (a) and (b).
11Subsection (b)(2) shall not apply to end-product compost used
12as daily cover or vegetative amendment in the final layer.
13Subsection (b) applies to any end-product compost offered for
14sale or use in Illinois.
15    (d) (Blank). [For the purposes of this Section, "organic ]
16[waste" means food scrap, landscape waste, wood waste, ]
17[livestock waste, crop residue, paper waste, or other ]
18[non-hazardous carbonaceous waste that is collected and ]
19[processed separately from the rest of the municipal waste ]
20[stream.]
21    (e) Except as otherwise provided in Board rules, solid
22waste permits for organic waste composting facilities shall be
23issued under the Board's Solid Waste rules at 35 Ill. Adm. Code
24807. The permits must include, but shall not be limited to,
25measures designed to reduce pathogens in the compost.
26    (f) Standards adopted under this Section do not apply to
		HB5541 Enrolled	- 37 -	LRB104 19752 BDA 34191 b
1compost operations exempt from permitting under paragraph
2(1.5) of subsection (q) or under paragraph (2) of subsection 
3(bb) of Section 21 of this Act.
4(Source: P.A. 98-239, eff. 8-9-13.)
5    (415 ILCS 5/3.197 rep.)
6    Section 10. The Environmental Protection Act is amended by
7repealing Section 3.197.