SB1398 104TH GENERAL ASSEMBLY

LRB104 09366 BDA 19425 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1398

Introduced 1/29/2025, by Sen. Adriane Johnson

SYNOPSIS AS INTRODUCED:

See Index

Amends the Environmental Protection Act. Defines the terms "anaerobic digester", "anaerobic digestion", and "food". Deletes provisions that exempted certain composting facilities from regulation as a pollution control facility. Creates exemptions from the definition of "pollution control facility" for (i) the portion of a site or facility that is used for anaerobic digestion and (ii) the portion of a site or facility that is used to process food scrap at a food scrap processing facility. Provides for moneys that are appropriated from the Solid Waste Management Fund to the Agency in certain years for solid waste management activities to be segregated into a separate account for use by the Prairie Research Institute of the University of Illinois for the costs of implementing the Illinois Solid Waste Management Act. Amends the Solid Waste Planning and Recycling Act. Updates requirements for each county waste management plan's recycling program with respect to food scrap collection programs. Amends the Illinois Solid Waste Management Act. Provides that a person that generates more than the applicable regulatory threshold of food and food scrap and that is located within 20 miles, prior to July 1, 2035, or 25 miles, on and after July 1, 2035, of an Agency-permitted composting facility or anaerobic digester that accepts food scrap and that has the permitted capacity to accept food scrap shall, among other things, source separate food and food scrap from other solid waste and either arrange for the transfer of the food or food scrap to a location that manages food and food scrap in a manner consistent with the food and food scrap management hierarchy set forth in the Act or manage the food and food scrap on site in accordance with other applicable State and local laws and rules. Grants the Agency rulemaking powers. Contains other provisions. Effective immediately.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Environmental Protection Act is amended by changing Sections 3.197, 3.330, 22.15, and 22.22 and by adding Sections 3.121, 3.122, 3.196, and 3.198 as follows:

(415 ILCS 5/3.121 new)

Sec. 3.121. Anaerobic digester. "Anaerobic digester" means a facility that manages organic matter using anaerobic digestion.

(415 ILCS 5/3.122 new)

Sec. 3.122. Anaerobic digestion. "Anaerobic digestion" means the biological process by which microorganisms break down organic material in the absence of oxygen in an enclosed vessel to produce energy, digestate, and agricultural supplements.

(415 ILCS 5/3.196 new)

Sec. 3.196. Food. "Food" means any raw, cooked, processed, or prepared substance, beverage, or ingredient used or intended for human consumption.

(415 ILCS 5/3.197)

Sec. 3.197. Food scrap. "Food scrap" means garbage that is (i) capable of being decomposed into compost by composting, (ii) separated by the generator from other waste, including, but not limited to, garbage that is not capable of being decomposed into compost by composting, and (iii) managed separately from other waste, including, but not limited to, garbage that is not capable of being decomposed into compost by composting. "Food scrap" includes, but is not limited to, packaging, utensils, and food containers that composed of readily biodegradable material. For the purposes of this Section, packaging, utensils, and food containers are readily biodegradable if they meet the ASTM D6400 standard.

(Source: P.A. 96-418, eff. 1-1-10.)

(415 ILCS 5/3.198 new)

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

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

Sec. 3.330. Pollution control facility.

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

The following are not pollution control facilities:

(1) (blank);

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

(3) sites or facilities used by any person conducting a waste storage, waste treatment, waste disposal, waste transfer or waste incineration operation, or a combination thereof, for wastes generated by such person's own activities, when such wastes are stored, treated, disposed of, transferred or incinerated within the site or facility owned, controlled or operated by such person, or when such wastes are transported within or between sites or facilities owned, controlled or operated by such person;

(4) sites or facilities at which the State is performing removal or remedial action pursuant to Section 22.2 or 55.3;

(5) abandoned quarries used solely for the disposal of concrete, earth materials, gravel, or aggregate debris resulting from road construction activities conducted by a unit of government or construction activities due to the construction and installation of underground pipes, lines, conduit or wires off of the premises of a public utility company which are conducted by a public utility;

(6) sites or facilities used by any person to specifically conduct a landscape composting operation;

(7) regional facilities as defined in the Central Midwest Interstate Low-Level Radioactive Waste Compact;

(8) the portion of a site or facility where coal combustion wastes are stored or disposed of in accordance with subdivision (r)(2) or (r)(3) of Section 21;

(9) the portion of a site or facility used for the collection, storage or processing of waste tires as defined in Title XIV;

(10) the portion of a site or facility used for treatment of petroleum contaminated materials by application onto or incorporation into the soil surface and any portion of that site or facility used for storage of petroleum contaminated materials before treatment. Only those categories of petroleum listed in Section 57.9(a)(3) are exempt under this subdivision (10);

(11) the portion of a site or facility where used oil is collected or stored prior to shipment to a recycling or energy recovery facility, provided that the used oil is generated by households or commercial establishments, and the site or facility is a recycling center or a business where oil or gasoline is sold at retail;

(11.5) processing sites or facilities that receive only on-specification used oil, as defined in 35 Ill. Adm. Code 739, originating from used oil collectors for processing that is managed under 35 Ill. Adm. Code 739 to produce products for sale to off-site petroleum facilities, if these processing sites or facilities are: (i) located within a home rule unit of local government with a population of at least 30,000 according to the 2000 federal census, that home rule unit of local government has been designated as an Urban Round II Empowerment Zone by the United States Department of Housing and Urban Development, and that home rule unit of local government has enacted an ordinance approving the location of the site or facility and provided funding for the site or facility; and (ii) in compliance with all applicable zoning requirements;

(12) the portion of a site or facility utilizing coal combustion waste for stabilization and treatment of only waste generated on that site or facility when used in connection with response actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the federal Resource Conservation and Recovery Act of 1976, or the Illinois Environmental Protection Act or as authorized by the Agency;

(13) the portion of a site or facility regulated under Section 22.38 of this Act;

(14) the portion of a site or facility, located within a unit of local government that has enacted local zoning requirements, used to accept, separate, and process uncontaminated broken concrete, with or without protruding metal bars, provided that the uncontaminated broken concrete and metal bars are not speculatively accumulated, are at the site or facility no longer than one year after their acceptance, and are returned to the economic mainstream in the form of raw materials or products;

(15) the portion of a site or facility located in a county with a population over 3,000,000 that has obtained local siting approval under Section 39.2 of this Act for a municipal waste incinerator on or before July 1, 2005 and that is used for a non-hazardous waste transfer station;

(16) a site or facility that temporarily holds in transit for 10 days or less, non-putrescible solid waste in original containers, no larger in capacity than 500 gallons, provided that such waste is further transferred to a recycling, disposal, treatment, or storage facility on a non-contiguous site and provided such site or facility complies with the applicable 10-day transfer requirements of the federal Resource Conservation and Recovery Act of 1976 and United States Department of Transportation hazardous material requirements. For purposes of this Section only, "non-putrescible solid waste" means waste other than municipal garbage that does not rot or become putrid, including, but not limited to, paints, solvent, filters, and absorbents;

(17) the portion of a site or facility located in a county with a population greater than 3,000,000 that has obtained local siting approval, under Section 39.2 of this Act, for a municipal waste incinerator on or before July 1, 2005 and that is used for wood combustion facilities for energy recovery that accept and burn only wood material, as included in a fuel specification approved by the Agency;

(18) a transfer station used exclusively for landscape waste, including a transfer station where landscape waste is ground to reduce its volume, where the landscape waste is held no longer than 24 hours from the time it was received;

(19) the portion of a site or facility that (i) is used for the anaerobic digestion composting of food scrap using an anaerobic digester and that results in the digestate by-product being used as a soil amendment, animal bedding or other agricultural product either on site or off site , livestock waste, crop residue, uncontaminated wood waste, or paper waste, including, but not limited to, corrugated paper or cardboard, and (ii) meets all of the following requirements:

(A) There must not be more than a total of 30,000 cubic yards of livestock waste in raw form or in the process of being composted at the site or facility at any one time.

(B) All food scrap, livestock waste, crop residue, uncontaminated wood waste, and paper waste must, by the end of each operating day, be processed and placed into an enclosed vessel in which air flow and temperature are controlled, or all of the following additional requirements must be met:

(i) The portion of the site or facility used for the composting operation must include a setback of at least 200 feet from the nearest potable water supply well.

(ii) The portion of the site or facility used for the composting operation must be located outside the boundary of the 10-year floodplain or floodproofed.

(iii) Except in municipalities with more than 1,000,000 inhabitants, the portion of the site or facility used for the composting operation must be located at least one-eighth of a mile from the nearest residence, other than a residence located on the same property as the site or facility.

(iv) The portion of the site or facility used for the composting operation must be located at least one-eighth of a mile from the property line of all of the following areas:

(I) Facilities that primarily serve to house or treat people that are immunocompromised or immunosuppressed, such as cancer or AIDS patients; people with asthma, cystic fibrosis, or bioaerosol allergies; or children under the age of one year.

(II) Primary and secondary schools and adjacent areas that the schools use for recreation.

(III) Any facility for child care licensed under Section 3 of the Child Care Act of 1969; preschools; and adjacent areas that the facilities or preschools use for recreation.

(v) By the end of each operating day, all food scrap, livestock waste, crop residue, uncontaminated wood waste, and paper waste must be (i) processed into windrows or other piles and (ii) covered in a manner that prevents scavenging by birds and animals and that prevents other nuisances.

(C) Food scrap, livestock waste, crop residue, uncontaminated wood waste, paper waste, and compost must not be placed within 5 feet of the water table.

(D) The site or facility must meet all of the requirements of the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).

(E) The site or facility must not (i) restrict the flow of a 100-year flood, (ii) result in washout of food scrap, livestock waste, crop residue, uncontaminated wood waste, or paper waste from a 100-year flood, or (iii) reduce the temporary water storage capacity of the 100-year floodplain, unless measures are undertaken to provide alternative storage capacity, such as by providing lagoons, holding tanks, or drainage around structures at the facility.

(F) The site or facility must not be located in any area where it may pose a threat of harm or destruction to the features for which:

(i) an irreplaceable historic or archaeological site has been listed under the National Historic Preservation Act (16 U.S.C. 470 et seq.) or the Illinois Historic Preservation Act;

(ii) a natural landmark has been designated by the National Park Service or the Illinois State Historic Preservation Office; or

(iii) a natural area has been designated as a Dedicated Illinois Nature Preserve under the Illinois Natural Areas Preservation Act.

(G) The site or facility must not be located in an area where it may jeopardize the continued existence of any designated endangered species, result in the destruction or adverse modification of the critical habitat for such species, or cause or contribute to the taking of any endangered or threatened species of plant, fish, or wildlife listed under the Endangered Species Act (16 U.S.C. 1531 et seq.) or the Illinois Endangered Species Protection Act;

(20) the portion of a site or facility that is located entirely within a home rule unit having a population of no less than 120,000 and no more than 135,000, according to the 2000 federal census, and that meets all of the following requirements:

(i) the portion of the site or facility is used exclusively to perform testing of a thermochemical conversion technology using only woody biomass, collected as landscape waste within the boundaries of the home rule unit, as the hydrocarbon feedstock for the production of synthetic gas in accordance with Section 39.9 of this Act;

(ii) the portion of the site or facility is in compliance with all applicable zoning requirements; and

(iii) a complete application for a demonstration permit at the portion of the site or facility has been submitted to the Agency in accordance with Section 39.9 of this Act within one year after July 27, 2010 (the effective date of Public Act 96-1314);

(21) the portion of a site or facility used to perform limited testing of a gasification conversion technology in accordance with Section 39.8 of this Act and for which a complete permit application has been submitted to the Agency prior to one year from April 9, 2010 (the effective date of Public Act 96-887);

(22) the portion of a site or facility that is used to incinerate only pharmaceuticals from residential sources that are collected and transported by law enforcement agencies under Section 17.9A of this Act;

(23) the portion of a site or facility:

(A) that is used exclusively for the transfer of commingled landscape waste and food scrap held at the site or facility for no longer than 24 hours after their receipt;

(B) that is located entirely within a home rule unit having a population of (i) not less than 100,000 and not more than 115,000 according to the 2010 federal census, (ii) not less than 5,000 and not more than 10,000 according to the 2010 federal census, or (iii) not less than 25,000 and not more than 30,000 according to the 2010 federal census or that is located in the unincorporated area of a county having a population of not less than 700,000 and not more than 705,000 according to the 2010 federal census;

(C) that is permitted, by the Agency, prior to January 1, 2002, for the transfer of landscape waste if located in a home rule unit or that is permitted prior to January 1, 2008 if located in an unincorporated area of a county; and

(D) for which a permit application is submitted to the Agency to modify an existing permit for the transfer of landscape waste to also include, on a demonstration basis not to exceed 24 months each time a permit is issued, the transfer of commingled landscape waste and food scrap or for which a permit application is submitted to the Agency within 6 months of August 11, 2017 (the effective date of Public Act 100-94);

(24) the portion of a municipal solid waste landfill unit:

(A) that is located in a county having a population of not less than 55,000 and not more than 60,000 according to the 2010 federal census;

(B) that is owned by that county;

(C) that is permitted, by the Agency, prior to July 10, 2015 (the effective date of Public Act 99-12); and

(D) for which a permit application is submitted to the Agency within 6 months after July 10, 2015 (the effective date of Public Act 99-12) for the disposal of non-hazardous special waste;

(25) the portion of a site or facility used during a mass animal mortality event, as defined in the Animal Mortality Act, where such waste is collected, stored, processed, disposed, or incinerated under a mass animal mortality event plan issued by the Department of Agriculture; and

(26) the portion of a mine used for the placement of limestone residual materials generated from the treatment of drinking water by a municipal utility in accordance with rules adopted under Section 22.63; and .

(27) the portion of a site or facility that is used to process food scrap in a food scrap processing facility.

(b) A new pollution control facility is:

(1) a pollution control facility initially permitted for development or construction after July 1, 1981; or

(2) the area of expansion beyond the boundary of a currently permitted pollution control facility; or

(3) a permitted pollution control facility requesting approval to store, dispose of, transfer or incinerate, for the first time, any special or hazardous waste.

(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21; 102-813, eff. 5-13-22; 103-333, eff. 1-1-24.)

(415 ILCS 5/22.15)

Sec. 22.15. Solid Waste Management Fund; fees.

(a) There is hereby created within the State Treasury a special fund to be known as the Solid Waste Management Fund, to be constituted from the fees collected by the State pursuant to this Section, from repayments of loans made from the Fund for solid waste projects, from registration fees collected pursuant to the Consumer Electronics Recycling Act, from fees collected under the Paint Stewardship Act, and from amounts transferred into the Fund pursuant to Public Act 100-433. Moneys received by either the Agency or the Department of Commerce and Economic Opportunity in repayment of loans made pursuant to the Illinois Solid Waste Management Act shall be deposited into the General Revenue Fund.

(b) The Agency shall assess and collect a fee in the amount set forth herein from the owner or operator of each sanitary landfill permitted or required to be permitted by the Agency to dispose of solid waste if the sanitary landfill is located off the site where such waste was produced and if such sanitary landfill is owned, controlled, and operated by a person other than the generator of such waste. The Agency shall deposit all fees collected into the Solid Waste Management Fund. If a site is contiguous to one or more landfills owned or operated by the same person, the volumes permanently disposed of by each landfill shall be combined for purposes of determining the fee under this subsection. Beginning on July 1, 2018, and on the first day of each month thereafter during fiscal years 2019 through 2025, the State Comptroller shall direct and State Treasurer shall transfer an amount equal to 1/12 of $5,000,000 per fiscal year from the Solid Waste Management Fund to the General Revenue Fund.

(1) If more than 150,000 cubic yards of non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall either pay a fee of 95 cents per cubic yard or, alternatively, the owner or operator may weigh the quantity of the solid waste permanently disposed of with a device for which certification has been obtained under the Weights and Measures Act and pay a fee of $2.00 per ton of solid waste permanently disposed of. In no case shall the fee collected or paid by the owner or operator under this paragraph exceed $1.55 per cubic yard or $3.27 per ton.

(2) If more than 100,000 cubic yards but not more than 150,000 cubic yards of non-hazardous waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $52,630.

(3) If more than 50,000 cubic yards but not more than 100,000 cubic yards of non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $23,790.

(4) If more than 10,000 cubic yards but not more than 50,000 cubic yards of non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $7,260.

(5) If not more than 10,000 cubic yards of non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $1050.

(c) (Blank).

(d) The Agency shall establish rules relating to the collection of the fees authorized by this Section. Such rules shall include, but not be limited to:

(1) necessary records identifying the quantities of solid waste received or disposed;

(2) the form and submission of reports to accompany the payment of fees to the Agency;

(3) the time and manner of payment of fees to the Agency, which payments shall not be more often than quarterly; and

(4) procedures setting forth criteria establishing when an owner or operator may measure by weight or volume during any given quarter or other fee payment period.

(e) Pursuant to appropriation, all monies in the Solid Waste Management Fund shall be used by the Agency for the purposes set forth in this Section and in the Illinois Solid Waste Management Act, including for the costs of fee collection and administration, for administration of the Paint Stewardship Act, and for the administration of the Consumer Electronics Recycling Act, the Drug Take-Back Act, and the Statewide Recycling Needs Assessment Act.

(f) The Agency is authorized to enter into such agreements and to promulgate such rules as are necessary to carry out its duties under this Section and the Illinois Solid Waste Management Act.

(g) On the first day of January, April, July, and October of each year, beginning on July 1, 1996, the State Comptroller and Treasurer shall transfer $500,000 from the Solid Waste Management Fund to the Hazardous Waste Fund. Moneys transferred under this subsection (g) shall be used only for the purposes set forth in item (1) of subsection (d) of Section 22.2.

(h) The Agency is authorized to provide financial assistance to units of local government for the performance of inspecting, investigating, and enforcement activities pursuant to subsection (r) of Section 4 at nonhazardous solid waste disposal sites.

(i) The Agency is authorized to conduct household waste collection and disposal programs.

(j) A unit of local government, as defined in the Local Solid Waste Disposal Act, in which a solid waste disposal facility is located may establish a fee, tax, or surcharge with regard to the permanent disposal of solid waste. All fees, taxes, and surcharges collected under this subsection shall be utilized for solid waste management purposes, including long-term monitoring and maintenance of landfills, planning, implementation, inspection, enforcement and other activities consistent with the Illinois Solid Waste Management Act and the Local Solid Waste Disposal Act, or for any other environment-related purpose, including, but not limited to, an environment-related public works project, but not for the construction of a new pollution control facility other than a household hazardous waste facility. However, the total fee, tax or surcharge imposed by all units of local government under this subsection (j) upon the solid waste disposal facility shall not exceed:

(1) 60¢ per cubic yard if more than 150,000 cubic yards of non-hazardous solid waste is permanently disposed of at the site in a calendar year, unless the owner or operator weighs the quantity of the solid waste received with a device for which certification has been obtained under the Weights and Measures Act, in which case the fee shall not exceed $1.27 per ton of solid waste permanently disposed of.

(2) $33,350 if more than 100,000 cubic yards, but not more than 150,000 cubic yards, of non-hazardous waste is permanently disposed of at the site in a calendar year.

(3) $15,500 if more than 50,000 cubic yards, but not more than 100,000 cubic yards, of non-hazardous solid waste is permanently disposed of at the site in a calendar year.

(4) $4,650 if more than 10,000 cubic yards, but not more than 50,000 cubic yards, of non-hazardous solid waste is permanently disposed of at the site in a calendar year.

(5) $650 if not more than 10,000 cubic yards of non-hazardous solid waste is permanently disposed of at the site in a calendar year.

The corporate authorities of the unit of local government may use proceeds from the fee, tax, or surcharge to reimburse a highway commissioner whose road district lies wholly or partially within the corporate limits of the unit of local government for expenses incurred in the removal of nonhazardous, nonfluid municipal waste that has been dumped on public property in violation of a State law or local ordinance.

For the disposal of solid waste from general construction or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160, the total fee, tax, or surcharge imposed by all units of local government under this subsection (j) upon the solid waste disposal facility shall not exceed 50% of the applicable amount set forth above. A unit of local government, as defined in the Local Solid Waste Disposal Act, in which a general construction or demolition debris recovery facility is located may establish a fee, tax, or surcharge on the general construction or demolition debris recovery facility with regard to the permanent disposal of solid waste by the general construction or demolition debris recovery facility at a solid waste disposal facility, provided that such fee, tax, or surcharge shall not exceed 50% of the applicable amount set forth above, based on the total amount of solid waste transported from the general construction or demolition debris recovery facility for disposal at solid waste disposal facilities, and the unit of local government and fee shall be subject to all other requirements of this subsection (j).

A county or Municipal Joint Action Agency that imposes a fee, tax, or surcharge under this subsection may use the proceeds thereof to reimburse a municipality that lies wholly or partially within its boundaries for expenses incurred in the removal of nonhazardous, nonfluid municipal waste that has been dumped on public property in violation of a State law or local ordinance.

If the fees are to be used to conduct a local sanitary landfill inspection or enforcement program, the unit of local government must enter into a written delegation agreement with the Agency pursuant to subsection (r) of Section 4. The unit of local government and the Agency shall enter into such a written delegation agreement within 60 days after the establishment of such fees. At least annually, the Agency shall conduct an audit of the expenditures made by units of local government from the funds granted by the Agency to the units of local government for purposes of local sanitary landfill inspection and enforcement programs, to ensure that the funds have been expended for the prescribed purposes under the grant.

The fees, taxes or surcharges collected under this subsection (j) shall be placed by the unit of local government in a separate fund, and the interest received on the moneys in the fund shall be credited to the fund. The monies in the fund may be accumulated over a period of years to be expended in accordance with this subsection.

A unit of local government, as defined in the Local Solid Waste Disposal Act, shall prepare and post on its website, in April of each year, a report that details spending plans for monies collected in accordance with this subsection. The report will at a minimum include the following:

(1) The total monies collected pursuant to this subsection.

(2) The most current balance of monies collected pursuant to this subsection.

(3) An itemized accounting of all monies expended for the previous year pursuant to this subsection.

(4) An estimation of monies to be collected for the following 3 years pursuant to this subsection.

(5) A narrative detailing the general direction and scope of future expenditures for one, 2 and 3 years.

The exemptions granted under Sections 22.16 and 22.16a, and under subsection (k) of this Section, shall be applicable to any fee, tax or surcharge imposed under this subsection (j); except that the fee, tax or surcharge authorized to be imposed under this subsection (j) may be made applicable by a unit of local government to the permanent disposal of solid waste after December 31, 1986, under any contract lawfully executed before June 1, 1986 under which more than 150,000 cubic yards (or 50,000 tons) of solid waste is to be permanently disposed of, even though the waste is exempt from the fee imposed by the State under subsection (b) of this Section pursuant to an exemption granted under Section 22.16.

(k) In accordance with the findings and purposes of the Illinois Solid Waste Management Act, beginning January 1, 1989 the fee under subsection (b) and the fee, tax or surcharge under subsection (j) shall not apply to:

(1) waste which is hazardous waste;

(2) waste which is pollution control waste;

(3) waste from recycling, reclamation or reuse processes which have been approved by the Agency as being designed to remove any contaminant from wastes so as to render such wastes reusable, provided that the process renders at least 50% of the waste reusable; the exemption set forth in this paragraph (3) of this subsection (k) shall not apply to general construction or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160;

(4) non-hazardous solid waste that is received at a sanitary landfill and composted or recycled through a process permitted by the Agency; or

(5) any landfill which is permitted by the Agency to receive only demolition or construction debris or landscape waste.

(l) On October 1 in calendar years 2026 through 2038, the Comptroller shall order transferred, and the Treasurer shall transfer, from the amounts appropriated to the Agency for solid waste management activities in the then-current fiscal year, and into a separate account within the Solid Waste Management Fund, the amounts described in this subsection for use by the Prairie Research Institute of the University of Illinois to cover the costs of implementing Section 11 of the Illinois Solid Waste Management Act. The amount to be transferred under this subsection (l) on October 1, 2026 is $125,000. On October 1, 2027, and each October 1 thereafter, through October 1, 2038, the amount to be transferred under this subsection (l) shall be increased from the base amount transferred on October 1, 2026, by an additional 4% per year, including all increases in prior years. As used in this subsection (l), "costs of implementing Section 11 of the Illinois Solid Waste Management Act" include, but are not limited to, the costs of providing information to the Agency to assist the Agency in identifying persons who must comply with Section 11 of the Illinois Solid Waste Management Act and the dates by which they must comply; the costs of maintaining a database of the physical location and capacity of permitted compost facilities and anaerobic digesters in the State; the costs of developing and distributing guidance materials for the generators of food scrap, the haulers of food scrap, and the compost facilities and anaerobic digesters that accept food scraps for the purpose of complying with that Section; and the costs of developing and maintaining a website to host the information required by this subsection.

(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154, eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23; 103-588, eff. 6-5-24; 103-605, eff. 7-1-24.)

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

Sec. 22.22. Landscape waste.

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

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

(c) Beginning July 1, 1990, no owner or operator of a sanitary landfill shall accept landscape waste for final disposal, except that landscape waste separated from municipal waste may be accepted by a sanitary landfill if (1) the landfill provides and maintains for that purpose separate landscape waste composting facilities and composts all landscape waste, and (2) the composted waste is utilized, by the operators of the landfill or by any other person, as part of the final vegetative cover for the landfill or for such other uses as soil conditioning material, or the landfill has received an Agency permit to use source separated and processed landscape waste as an alternative daily cover and the landscape waste is processed at a site, other than the sanitary landfill, that has received an Agency permit before July 30, 1997 to process landscape waste. For purposes of this Section, (i) "source separated" means divided into its component parts at the point of generation and collected separately from other solid waste and (ii) "processed" means shredded by mechanical means to reduce the landscape waste to a uniform consistency.

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

(e) The requirements of this Section shall not apply to the mixing or commingling of food scrap and landscape waste if the commingled waste will be directed to a location where it is managed in a manner that is consistent with the food and food scrap management hierarchy described in subsection (a) of Section 11 of the Illinois Solid Waste Management Act.

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

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

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

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

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

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

(3) shall be designed to recycle, by the end of the third and fifth years of the program, respectively 15% and 25% of the municipal waste generated in the county, subject to the existence of a viable market for the recycled material, based on measurements of recycling and waste generated in terms of weight; the . The determination of recycling rate shall not include: discarded motor vehicles, wastes used for clean fill or erosion control, or commercial, institutional or industrial machinery or equipment; .

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

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

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

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

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

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

(10) shall include provisions for (i) recycling the collected materials, (ii) identifying potential markets for at least 3 recyclable materials, and (iii) promoting the use of products made from recovered or recycled materials among businesses, newspapers and local governments in the county; .

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

(12) shall provide a listing of all food scrap collection programs operating in the county on the date of the plan's 5-year update, including residential and non-residential programs and the amount of food scrap diverted from landfilling and where that food scrap is taken to be managed;

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

(14) shall evaluate markets for finished compost, encourage its use by units of local government in the county, and track and report its use, by weight or volume, in the plan's 5-year update.

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

Section 15. The Illinois Solid Waste Management Act is amended by adding Section 11 as follows:

(415 ILCS 20/11 new)

Sec. 11. Food and food scrap management hierarchy; diversion from landfill.

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

(1) The first priority is preventing or reducing the amount of food and food scrap waste that is discarded or disposed of in the State.

(2) The second priority is collecting and diverting from the waste stream before it is discarded or disposed of food that is safe for consumption by humans.

(3) The third priority is collecting and diverting from the waste stream before they are discarded or disposed of food and food scrap that is safe for consumption by animals.

(4) The fourth priority is collecting and managing discarded food and food scrap through composting and anaerobic digestion.

(b) Except as otherwise provided in this Section, a person that generates more than the applicable regulatory threshold of food and food scrap and that is located within 20 miles, prior to July 1, 2035, or 25 miles, on and after July 1, 2035, of an Agency-permitted composting facility or anaerobic digester that accepts food scrap and that has the permitted capacity to accept food scrap shall:

(1) separate food and food scrap from other solid waste;

(2) ensure the food or food scrap is not contaminated so it is acceptable for use in accordance with subsection (a);

(3) either (i) arrange for the transfer of food or food scrap to a location that manages food and food scrap in a manner consistent with the priority uses established in subsection (a) or (ii) manage the food and food scrap on site in accordance with other applicable State and local laws and rules;

(4) not directly dispose of any more than an incidental amount of food scrap through the sewer system;

(5) for non-residential establishments, post in an area where they are visible to the employees and subcontractors managing food and food scrap instructions on the separation requirements for food and food scraps and the requirement for food and food scrap to be source separated according to its end use as described in subsection (a); and

(6) for non-residential establishments, provide, on at least an annual basis, training opportunities for all employees and subcontractors managing food and food scrap and maintain, for a period of 3 years, proof of that training being conducted.

(c) The following persons are exempt from the requirements of subsection (b):

(1) Beginning July 1, 2036, a municipality that has a population of 1,500 or fewer residents as of the most recent federal decennial census and that generates 5 or fewer tons per year of food and food scrap is exempt from subsection (b) if any requirements in subsection (d) or (e) that apply to the municipality have been met.

(2) Beginning July 1, 2036, a county that has a population of 20,000 or fewer residents as of the most recent federal decennial census and that generates 5 or fewer tons per year of food and food scrap is exempt from subsection (b) if any requirements in subsection (d) or (e) that apply to the county have been met. The exemption in this paragraph (2) does not apply to a municipality that has a population of more than 1,500 residents and that is located within a county that is exempt from subsection (b) under this paragraph (2).

(3) Beginning July 1, 2034, an individual who resides in a location described in paragraph (1) or (2) of this subsection is exempt from subsection (b).

(d) Beginning July 1, 2036, any municipality with a population that is greater than or equal to 500 but less than 1,500 and any county with a population that is greater or equal to than 10,000 but less than 20,000 shall provide at least one drop-off location for food scrap collection if the municipality or county is located within 25 miles of an Agency-permitted compost facility or anaerobic digester that accepts foods scrap and that has the permitted capacity to accept food scraps.

(e) Beginning July 1, 2036, any municipality with a population that is less than 500 residents and any county with a population that is less than 10,000 residents shall educate its residents on an annual basis on proper composting of food scrap on site using information provided by the Agency.

(f) No later than one year after the effective date of this amendatory Act of the 104th General Assembly, the Agency shall propose rules to the Board, and no later than one year after receipt of the Agency's proposal, the Board shall adopt rules necessary to implement this Section, including rules to provide (1) a methodology and procedure for determining which persons are required to comply with subsection (b) of this Section, (2) reporting requirements necessary to enforce the provisions of this Section, and (3) clarifications needed to assist the Agency in implementing the requirements of this Section.

(g) A person who violates any provision of this Section shall receive a warning for the first violation and shall be provided an opportunity to comply with this Section. A person who violates any provision of this Section a second or subsequent time shall be liable for a civil penalty of $10,000 per violation for any subsequent violations of this Section, except that the failure to pay a civil penalty under this Section shall cause the person who fails to pay the civil penalty to be liable instead for a civil penalty of $20,000 per violation for subsequent violations after failure to pay the civil penalty.

The penalties provided in this Section may be recovered in a civil action brought in the name of the People of the State of Illinois by the State's Attorney of the county in which the violation occurred or by the Attorney General. Any penalties collected under this Section in an action in which the Attorney General has prevailed shall be deposited into the Environmental Protection Trust Fund, to be used in accordance with the provisions of the Environmental Protection Trust Fund Act.

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

(i) Any person who knowingly makes a false, fictitious, or fraudulent material statement, orally or in writing, to the Agency, related to or required by this Section or any rule adopted pursuant to this Section commits a Class 4 felony, and each such statement or writing shall be considered a separate Class 4 felony. A person who, after being convicted under this subsection, violates this subsection a second time or subsequent time commits a Class 3 felony.

(j) Any county with a delegation agreement with the Agency pursuant to subsection (r) of Section 4 of the Illinois Environmental Protection Act may enforce the provisions of this Section.

(k) As used in this Section:

"Applicable regulatory threshold" means (i) beginning July 1, 2028, more than 104 tones per year, (ii) beginning July 1, 2029, more than 52 tons per year, (iii) beginning July 1, 2030, more than 26 tons per year, (iv) beginning July 1, 2031, more than 18 tons per year, (v) beginning July 1, 2032, more than 10 tons per year, (vi) beginning July 1, 2033, more than 5 tons per year, and (vii) beginning July 1, 2034, any amount per year.

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

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