103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2816

 

Introduced 1/17/2024, by Sen. Adriane Johnson

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/22.22a new
415 ILCS 5/22.35a new
415 ILCS 12/12 new
415 ILCS 15/6.1 new
415 ILCS 15/6.2 new

    Amends the Environmental Protection Act. Requires the Environmental Protection Agency to compile and make available to the public a report identifying the types and volumes of waste treated at authorized recycling facilities, the types and volumes of waste treated at authorized organic waste composting facilities, the total volumes of food scraps processed at municipal solid waste landfills, the total permitted capacity for compost volume on municipal solid waste (MSW) sites, and the total emissions of methane from MSW landfills. Sets forth findings, purposes, and goals. Establishes organic waste composting goals. Requires specified commercial food wholesalers, commercial food distributors, industrial food manufacturers or processors, supermarkets, restaurants, resorts, and conference centers to begin arranging for: (1) source separation of organic wastes from other solid wastes and (2) recycling of the source-separated organic waste at an authorized source-separated organic material composting facility. Amends the Solid Waste Planning and Recycling Act. Requires each county waste management plan to include a composting program for organic waste as a part of the basic waste disposal plan. Allows a unit of local government to collect fees or rates for the organic waste composting services. Includes exemptions. Makes corresponding changes in the Solid Waste Hauling and Recycling Program Act.


LRB103 35961 LNS 66048 b

 

 

A BILL FOR

 

SB2816LRB103 35961 LNS 66048 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
5adding Sections 22.22a and 22.35a as follows:
 
6    (415 ILCS 5/22.22a new)
7    Sec. 22.22a. Commercial organic waste.
8    (a) Beginning July 1, 2027, if a commercial food
9wholesaler, a commercial food distributor, an industrial food
10manufacturer or processor, a supermarket, a restaurant, a
11resort, or a conference center produces more than 4 cubic
12yards of organic waste per week, it must arrange for:
13        (1) source separation of its organic wastes from other
14    solid wastes; and
15        (2) recycling of the source-separated organic waste at
16    an authorized source-separated organic material composting
17    facility that has available capacity and on-site
18    composting or other forms of organic waste management and
19    that will accept such source-separated organic material.
20    (b) Beginning July 1, 2030, if a commercial food
21wholesaler, a commercial food distributor, an industrial food
22manufacturer or processor, a supermarket, a restaurant, a
23resort, or a conference center produces more than one cubic

 

 

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1yard of organic waste per week, it must arrange for:
2        (1) source separation of organic wastes from other
3    solid wastes; and
4        (2) recycling of the source-separated organic waste at
5    an authorized source-separated organic material composting
6    facility that has available capacity and on-site
7    composting or other forms of organic waste management and
8    that will accept such source-separated organic material.
9    (c) The Agency may adopt rules for the implementation of
10this Section.
11    (d) The requirements of this Section do not apply to a
12person or entity if the person or entity resides within an area
13of the State that has been designated by the Agency as an area
14in which it is not possible for organic waste to be collected
15and delivered to an authorized source-separated organic
16material composting facility.
17    (e) The Agency must make publicly available on its website
18a map showing the area of the State that has been designated by
19the Agency as an area in which it is not possible for organic
20waste to be collected and delivered to an authorized
21source-separated organic material composting facility.
22    (f) As used in this Section:
23    "Organic waste" does not include food scraps that can be
24donated or repurposed as animal feed or food scraps that
25cannot be disposed of at sanitary landfills or incinerated.
26    "Organic waste management" means management of organic

 

 

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1materials through composting, anaerobic digestion,
2vermiculture, black soldier fly, or similar means.
 
3    (415 ILCS 5/22.35a new)
4    Sec. 22.35a. Organic waste diversion goals.
5    (a) The General Assembly finds that:
6        (1) municipal solid waste (MSW) landfills are
7    responsible for emitting a methane warming equivalent to
8    58% of large industrial methane emissions in this State;
9        (2) the 20-year global warming potential of methane is
10    80 times greater than the 20-year global warming potential
11    of carbon dioxide;
12        (3) composting reduces methane emissions by allowing
13    organic waste to decompose in aerobic conditions;
14        (4) food waste accounts for at least 20% of the
15    19,000,000 tons of waste in State landfills, which is more
16    than any other single stream of waste found in landfills;
17        (5) more than half of curbside waste is compostable;
18        (6) landfills in the Chicago metropolitan area have an
19    expected lifetime of 5 years according to the Illinois
20    Environmental Protection Agency's 2022 Illinois Landfill
21    Disposal Capacity Report;
22        (7) more than 65 municipalities across the State have
23    already implemented composting services in waste
24    management plan offerings;
25        (8) many states across the United States, such as

 

 

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1    Washington and Massachusetts, have implemented curbside
2    composting with great economic and environmental success;
3    and
4        (9) composting has greater potential for job creation
5    as compared to landfilling.
6    (b) The purpose of this Section is to:
7        (1) divert compostable waste from landfills in order
8    to extend the life expectancy of State landfills;
9        (2) the types and volumes, in tons, of waste treated
10    at authorized organic waste composting facilities within
11    the State;
12        (3) reduce State greenhouse gas and methane emissions;
13    and
14        (4) provide for the expansion of organic waste
15    management infrastructure and industry within the State.
16    (c) As used in this Section:
17    "Agency" means the Environmental Protection Agency.
18    "Compostable" means being capable of decomposition through
19organic waste management.
20    "Composting" means the biological treatment process by
21which microorganisms decompose the organic fraction of waste
22to produce compost.
23    "Food scrap" has the meaning given to that term in Section
243.197 of the Environmental Protection Act.
25    "Municipal solid waste" or "MSW" has the meaning given to
26the term "municipal waste" in Section 3.290 of the

 

 

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1Environmental Protection Act.
2    "Organic materials" means any solid waste that is a
3biological substance of plant or animal origin capable of
4microbial degradation. "Organic materials" include, but are
5not limited to, yard debris, food waste, food processing
6waste, wood waste, and garden waste. "Organic materials" does
7not include manure, any materials contaminated by herbicides,
8pesticides, or pests, or other sources of chemical or
9biological contamination that would render a finished product
10of an organic material management process unsuitable for
11general public or agricultural use.
12    "Organic waste management" means management of organic
13materials through composting, anaerobic digestion,
14vermiculture, black soldier fly, or similar means.
15    (d) The State hereby establishes a statewide goal of
16reducing, by January 1, 2030, the level of organic waste sent
17to sanitary landfills by no less than 50% relative to the level
18of organic waste sent to sanitary landfills in 2015. The State
19establishes a statewide goal of reducing, by January 1, 2035,
20MSW landfill methane emissions to 50% relative to 2023 levels.
21    (e) By July 1, 2026, and by July 1 of each year thereafter,
22the Agency shall compile and make available to the public a
23report identifying:
24        (1) the types and volumes, in tons, of waste treated
25    at authorized recycling facilities within the State;
26        (2) the types and volumes, in tons, of waste treated

 

 

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1    at authorized organic waste composting facilities within
2    the State;
3        (3) the total volumes of food scraps processed at MSW
4    landfills within the State;
5        (4) the total permitted capacity for compost volume on
6    MSW sites within the State; and
7        (5) the total MSW landfill methane emissions within
8    the State.
9    (f) The Agency may adopt rules for the implementation of
10this Section.
 
11    Section 905. The Solid Waste Hauling and Recycling Program
12Act is amended by adding Section 12 as follows:
 
13    (415 ILCS 12/12 new)
14    Sec. 12. Collection of organic waste.
15    (a) Upon the implementation of a new county waste
16management plan under Section 6.1 of the Solid Waste Planning
17and Recycling Act, each hauler operating in a county or
18municipality that offers the collection of organic waste from
19any residence, commercial business, commercial property, or
20institutional facility within that county or municipality
21shall provide, by written offer, information to all residents,
22commercial businesses, owners or operators of commercial
23property, and institutional facilities in the county on what
24materials to dispose for organic waste management and how to

 

 

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1dispose of those materials. The hauler's written offer shall
2include an option for the resident, commercial business, owner
3or operator of the commercial business, or institutional
4facility to opt out of receiving future offers to provide
5composting services in writing. Those offers shall be made, at
6least once during the term of the contract or at least once
7every 2 years, whichever occurs sooner, to all residents,
8commercial businesses, owners or operators of commercial
9property, and institutional facilities except those that have
10composting services or have opted out of receiving offers for
11composting services.
12    (b) Compostable materials collected by a hauler within a
13county or municipality shall not be deposited into a landfill
14or incinerator.
15    (c) Ownership of compostable materials set out for
16collection shall remain with the commercial business,
17commercial property owner, or institutional facility that set
18out the material for collection until the material is removed
19by the hauler.
 
20    Section 910. The Solid Waste Planning and Recycling Act is
21amended by adding Sections 6.1 and 6.2 as follows:
 
22    (415 ILCS 15/6.1 new)
23    Sec. 6.1. Composting program for organic waste.
24    (a) By January 1, 2026, each county waste management plan

 

 

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1adopted under Section 4 shall include a composting program for
2organic waste as a part of the basic waste disposal plan. The
3composting program shall provide source-separated organic
4solid waste collection services year round at least every
5other week or at least 26 weeks annually to all residents and
6nonresidential customers that generate for management more
7than 0.25 cubic yards of organic materials per week and shall
8manage all organic solid waste collected from residents and
9businesses under Section 6.2.
10    (b) A unit of local government may charge and collect fees
11or rates for the services provided under subsection (a),
12consistent with the unit of local government's authority to
13impose fees and rates under Section 22.15 of the Environmental
14Protection Act, as long as those fees or rates do not exceed
15the fees and rates for municipal solid waste collection.
16    (c) Except as provided in subsections (d) and (e), the
17requirements of this Section do not apply in a unit of local
18government if the Agency determines that:
19        (1) the unit of local government disposed of less than
20    5,000 tons of solid waste in the most recent year for which
21    data is available;
22        (2) the unit of local government has a total
23    population of less than 20,000 and no permitted organic
24    waste composting facility within 20 miles; or
25        (3) the unit of local government has a total
26    population of less than 10,000.

 

 

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1    The requirements of this Section do not apply in census
2tracts that have a population density of less than 75
3inhabitants per square mile and are located in an
4unincorporated area of a county.
5    (d) For up to 5 years after the effective date of this
6amendatory Act, the Department may issue a waiver from the
7requirements of this Section to a unit of local government or
8portions of a unit of local government based on the
9consideration of relevant factors, such as the distance to
10organic materials composting facilities, the sufficiency of
11the capacity to manage organic materials at facilities to
12which organic materials could feasibly and economically be
13delivered from the jurisdiction, and restrictions in the
14transport of organic materials. The Department may adopt rules
15to specify the type of information that a waiver applicant
16must submit to the Department and to specify the Department's
17process for reviewing and approving waiver applications.
18    (e) Beginning January 1, 2030, the Department may adopt a
19rule to require this Section to apply to a unit of local
20government or other jurisdiction that is granted a waiver
21under subsection (d) or is exempt from the requirements of
22this Section under subsection (b), but only if the Department
23determines that the goals established in subsection (d) of
24Section 22.35a of the Environmental Protection Act have not or
25will not be achieved.
26    (f) As used in this Section:

 

 

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1    "Organic materials" include, but are not limited to, yard
2debris, food waste, food processing waste, wood waste, and
3garden waste.
4    "Organic solid waste" means any solid waste that is a
5biological substance of plant or animal origin capable of
6microbial degradation. "Organic solid waste" does not include
7manure or any materials contaminated by herbicides,
8pesticides, or pests, or other sources of chemical or
9biological contamination that would render a finished product
10of an organic material management process unsuitable for
11general public or agricultural use.
 
12    (415 ILCS 15/6.2 new)
13    Sec. 6.2. Organic waste collection criteria.
14    (a) Upon the development of a new county waste management
15plan under Section 6.1, each local comprehensive solid waste
16management plan must identify the following:
17        (1) The local comprehensive solid waste management
18    plan must identify priority areas within the county for
19    the establishment of organic materials management
20    facilities. Priority areas must be in industrial zones,
21    agricultural zones, or rural zones. Priority areas should
22    be designated with an attempt to minimize incompatible
23    uses and potential impacts on residential areas.
24        (2) The local comprehensive solid waste management
25    plan must identify the organic materials management

 

 

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1    facility volumetric capacity required to manage the
2    county's organic materials in a manner consistent with the
3    goals of subsection (d) of Section 22.35a of the
4    Environmental Protection Act.
5    (b) In order to meet the requirements of Section 6.1 and
6set the State on track to reach the goals outlined in
7subsection (d) of Section 22.35a of the Environmental
8Protection Act, a unit of local government may:
9        (1) implement, upon joint agreement with the hauler,
10    source-separated organic solid waste collection
11    simultaneously with existing landscape waste collection
12    services during the summer season, as long as (i) the
13    source-separated organic solid waste collection continues
14    year round and the organic and landscape wastes are sent
15    to an authorized organic waste management facility or (ii)
16    collected organic and landscape wastes remain separated
17    throughout the collection process and are sent to an
18    authorized organic waste management facility and
19    authorized landscape waste composting facility.
20        (2) provide written notice to existing landscape waste
21    composting facilities to propose repermitting for organic
22    waste management upon consideration of paragraph (1) of
23    subsection (a) and paragraph (1) of subsection (b) if it
24    is determined that existing organic waste management
25    facilities do not have the volumetric capacity to manage
26    the county's organic materials or existing organic waste

 

 

SB2816- 12 -LRB103 35961 LNS 66048 b

1    management infrastructure has not or will not achieve the
2    goals established in Section 15 of the Organic Waste
3    Diversion Act even at full capacity.
4    (c) As used in this Section:
5    "Organic solid waste" has the meaning given to that term
6in Section 6.1.
7    "Organic waste management" means the management of organic
8materials through composting, anaerobic digestion,
9vermiculture, black soldier fly, or similar technologies.