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1 | | environment, economy, and the health of Illinoisans, this |
2 | | Section establishes a food scraps hierarchy for the State |
3 | | of Illinois. The first tier of the hierarchy is source |
4 | | reduction and reducing the volume of surplus food |
5 | | generated. The second tier is recovery and feeding |
6 | | wholesome food to hungry people. The third tier is |
7 | | repurposing and feeding animals. The fourth tier is |
8 | | recycling and processing any leftover food, such as by |
9 | | composting or anaerobic digestion, to create a |
10 | | nutrient-rich soil amendment. |
11 | | (3) This legislation is designed to address each tier |
12 | | of the hierarchy by: encouraging the prevention of food |
13 | | waste generation by commercial generators and residents; |
14 | | directing the recovery of excess edible food from |
15 | | high-volume commercial food waste generators; and ensuring |
16 | | that a significant portion of inedible food waste from |
17 | | large volume food waste generators is managed in a |
18 | | sustainable manner and does not end up being sent to |
19 | | landfills or incinerators. |
20 | | (b) In this Section: |
21 | | "Designated food scraps generator" means a person who |
22 | | generates at a single location an annual average of 2 tons per |
23 | | week or more of food scraps based on a methodology established |
24 | | by the Agency by rule, including supermarkets, restaurants, |
25 | | higher educational institutions, hotels, food processors, |
26 | | correctional facilities, sports or entertainment venues, and |
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1 | | health care facilities. For a location with multiple |
2 | | independent food service businesses, such as a mall or college |
3 | | campus, the entity responsible for contracting for solid waste |
4 | | hauling services is responsible for managing food scraps from |
5 | | the independent food service businesses. |
6 | | "Food scraps" means inedible food, trimmings from the |
7 | | preparation of food, food-soiled paper, and edible food that |
8 | | is not donated. "Food scraps" does not include used cooking |
9 | | oil, yellow grease, food from residential sources, any food |
10 | | identified by a rule adopted by the Agency in consultation |
11 | | with the Department of Agriculture and markets, or any food |
12 | | that is subject to a recall or seizure due to the presence of |
13 | | pathogens, including, but not limited to, listeria |
14 | | monocytogenes, confirmed clostridium botulinum, Escherichia |
15 | | coli 0157:H7, and all salmonella, in ready-to-eat foods. |
16 | | "Incinerator" means an enclosed device using controlled |
17 | | flame combustion, the primary purpose of which is to thermally |
18 | | break down solid, liquid, or gaseous combustible hazardous |
19 | | waste, producing residue that contains little or no |
20 | | combustible materials. |
21 | | "Landfill" means a disposal facility or part of a facility |
22 | | where solid waste, including hazardous waste, is placed in or |
23 | | on land and that is not a land treatment facility, a surface |
24 | | impoundment, or an injection well. |
25 | | "Organics recycler" means a facility, permitted by the |
26 | | Agency, that recycles food scraps through use as animal feed |
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1 | | or a feed ingredient, rendering, land application, composting, |
2 | | aerobic digestion, anaerobic digestion, fermentation, or |
3 | | ethanol production. Animal scraps, food-soiled paper, and |
4 | | post-consumer food scraps are prohibited for use as animal |
5 | | feed or as a feed ingredient. The proportion of the product |
6 | | created from food scraps by a composting or digestion |
7 | | facility, including a wastewater treatment plant that operates |
8 | | a digestion facility or other treatment system, must be used |
9 | | in a beneficial manner as a soil amendment and shall not be |
10 | | disposed of or incinerated. |
11 | | "Person" means any business entity, partnership, company, |
12 | | corporation, not-for-profit corporation, association, |
13 | | governmental entity, public benefit corporation, public |
14 | | authority, firm, or organization. |
15 | | "Single location" means contiguous property under common |
16 | | ownership, which may include one or more buildings. |
17 | | "Transfer station" means a solid waste management |
18 | | facility, whether owned or operated by a private or public |
19 | | entity, other than a recyclables handling and recovery |
20 | | facility, used oil facility, or a general construction or |
21 | | demolition debris processing facility, where solid waste is |
22 | | received for the purpose of subsequent transfer to another |
23 | | solid waste management facility for processing, treating, |
24 | | disposal, recovery, or further transfer. |
25 | | (c) On and after January 1, 2022, the following shall |
26 | | apply: |
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1 | | (1) A designated food scraps generator shall separate |
2 | | the designated food scraps generator's excess edible food |
3 | | for donation for human consumption to the maximum extent |
4 | | practicable, and in accordance with applicable laws, |
5 | | rules, and regulations related to food donation. |
6 | | (2) Except as provided in paragraph (3), each |
7 | | designated food scraps generator that is within 15 miles |
8 | | of an organics recycler, to the extent that the organics |
9 | | recycler has capacity to accept all of the designated food |
10 | | scraps generator's food scraps based on the Agency's |
11 | | yearly estimate of an organic recycler's capacity pursuant |
12 | | to subsection (j), shall: |
13 | | (A) separate its remaining food scraps from other |
14 | | solid waste; |
15 | | (B) ensure proper storage for food scraps on site |
16 | | that shall preclude food scraps from becoming odorous |
17 | | or attracting vectors, such as a container that has a |
18 | | lid and a latch that keeps the lid closed and is |
19 | | resistant to tampering by rodents or other wildlife |
20 | | and has sufficient capacity; |
21 | | (C) have information available and provide |
22 | | training for employees concerning the proper methods |
23 | | to separate and store food scraps; and |
24 | | (D) obtain a transporter that will deliver food |
25 | | scraps to an organics recycler, self-haul its food |
26 | | scraps to an organics recycler, or provide for |
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1 | | organics recycling on-site via in-vessel composting, |
2 | | aerobic or anaerobic digestion, or any other method of |
3 | | processing organic waste that the Agency approves by |
4 | | rule, for some or all of the food waste it generates on |
5 | | its premises, provided that the remainder is delivered |
6 | | to an organics recycler. |
7 | | (3) The provisions of paragraph (2) do not apply to |
8 | | any designated food scraps generator that has all of its |
9 | | food scraps processed in a mixed solid waste composting or |
10 | | mixed solid waste anaerobic digestion facility. |
11 | | (d) A designated food scraps generator shall submit an |
12 | | annual report to the Agency on or before March 1, 2023, and |
13 | | annually thereafter, in an electronic format. The report must |
14 | | summarize the amount of edible food donated, the amount of |
15 | | food scraps recycled, the organics recycler or recyclers and |
16 | | associated transporters used, and any other information |
17 | | required by the Agency. |
18 | | (e) A designated food scraps generator may petition the |
19 | | Agency for a temporary waiver from some or all of the |
20 | | requirements of this Section. The petition must include |
21 | | evidence of undue hardship based on: |
22 | | (1) the designated food scraps generator not meeting |
23 | | the 2 tons per week threshold; |
24 | | (2) the cost of processing organic waste not being |
25 | | reasonably competitive with the cost of disposing of waste |
26 | | by landfill; |
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1 | | (3) the organics recycler not having sufficient |
2 | | capacity, despite the Agency's calculation under |
3 | | subsection (j); or |
4 | | (4) the unique circumstances of the generator. |
5 | | A waiver under this subsection shall be no longer than one |
6 | | year in duration. However, the Agency may renew a waiver under |
7 | | this subsection. |
8 | | (f) A waste transporter that collects food scraps for |
9 | | recycling from a designated food scraps generator shall: |
10 | | (1) deliver the food scraps to a transfer station that |
11 | | will deliver the food scraps to an organics recycler, |
12 | | unless the designated food scraps generator has received a |
13 | | temporary waiver under subsection (e); or |
14 | | (2) deliver the food scraps directly to an organics |
15 | | recycler. |
16 | | A waste transporter that collects food scraps from a |
17 | | designated food scraps generator shall take all reasonable |
18 | | precautions to not deliver the food scraps to an incinerator |
19 | | or a landfill nor to commingle the material with any other |
20 | | solid waste, unless the commingled waste can be processed by |
21 | | an organics recycler or the designated food scraps generator |
22 | | has received a temporary waiver under subsection (e). |
23 | | (g) A transfer station that receives food scraps from a |
24 | | designated food scraps generator must ensure that the food |
25 | | scraps are taken to an organics recycler, unless the |
26 | | designated food scraps generator has received a temporary |
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1 | | waiver under subsection (e). A transfer station shall take all |
2 | | reasonable precautions to not commingle the material with any |
3 | | other solid waste unless the commingled waste can be processed |
4 | | by an organics recycler. |
5 | | (h) An incinerator or landfill shall take all reasonable |
6 | | precautions to not accept food scraps from designated food |
7 | | scraps generators required to send food scraps to an organics |
8 | | recycler as outlined under subsection (c), unless the |
9 | | designated food scraps generator has received a temporary |
10 | | waiver under subsection (e). |
11 | | (i) The Agency shall publish on its website: |
12 | | (1) the methodology the Agency will use to determine |
13 | | who is a designated food scraps generator; |
14 | | (2) the waiver process under subsection (e); |
15 | | (3) procedures to minimize odors and vectors in order |
16 | | to comply with subparagraph (B) of paragraph (2) of |
17 | | subsection (c); and |
18 | | (4) a list of all designated food scraps generators, |
19 | | organics recyclers, and waste transporters that manage |
20 | | source-separated organics. |
21 | | (j) No later than June 1, 2021, and annually thereafter, |
22 | | the Agency shall assess the capacity of each organic recycler |
23 | | and notify designated food scraps generators if they are |
24 | | required to comply with the provisions of subsection (c). |
25 | | (k) The Agency shall develop and make available |
26 | | educational materials to assist designated food scraps |
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1 | | generators with complying with this Section. The Agency shall |
2 | | also develop education materials on food waste minimization |
3 | | and encourage municipalities to disseminate these materials |
4 | | both on their municipal websites and in any such future |
5 | | mailings to their residents as they may distribute. |
6 | | (l) The Agency shall regulate organics recyclers to ensure |
7 | | that their activities do not impair water quality or otherwise |
8 | | harm human health and the environment. |
9 | | (m) The Agency shall, after one or more public hearings, |
10 | | adopt rules necessary to implement the provisions of this |
11 | | Section, including: |
12 | | (1) the methodology the Agency will use to determine |
13 | | who is a designated food scraps generator; |
14 | | (2) the waiver process under subsection (e); |
15 | | (3) procedures to minimize odors and vectors in order |
16 | | to comply with subparagraph (B) of paragraph (2) of |
17 | | subsection (c); |
18 | | (4) a list of all designated food scraps generators, |
19 | | organics recyclers, and waste transporters that manage |
20 | | source-separated organics; and |
21 | | (5) how designated food scraps generators shall comply |
22 | | with paragraph (1) of subsection (c) and subparagraph (A) |
23 | | of paragraph (2) of subsection (c). |
24 | | (n) This Section does not apply to any designated food |
25 | | scraps generators located in a city with a population of |
26 | | 1,000,000 or more that has a local law, ordinance, or |
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1 | | regulation in place that requires the diversion of edible food |
2 | | and food scraps from disposal. |
3 | | (o) This Section does not apply to hospitals, elementary |
4 | | schools, or secondary schools. |
5 | | (p) No later than January 1, 2023, and on an annual basis |
6 | | thereafter, the Agency shall submit a report to the Governor |
7 | | and the General Assembly describing the operation of the food |
8 | | donation and food scraps recycling program under this Section, |
9 | | including the amount of edible food donated, the amount of |
10 | | food scraps recycled, sample educational materials required |
11 | | under subsection (k), and the number of temporary waivers |
12 | | provided under subsection (e). |
13 | | Section 97. Severability. The provisions of this Act are |
14 | | severable under Section 1.31 of the Statute on Statutes.
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15 | | Section 99. Effective date. This Act takes effect upon |
16 | | becoming law.".
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