Bill Amendment: IL HB1707 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EPA-LANDFILL GAS MGMT

Status: 2025-04-11 - Rule 19(a) / Re-referred to Rules Committee [HB1707 Detail]

Download: Illinois-2025-HB1707-House_Amendment_001.html

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Rep. Joyce Mason

Filed: 3/17/2025

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AMENDMENT TO HOUSE BILL 1707
AMENDMENT NO. ______. Amend House Bill 1707 by replacing
everything after the enacting clause with the following:
"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

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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

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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

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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

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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

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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

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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,

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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

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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,

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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

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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

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(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

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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

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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;

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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

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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.

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(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

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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

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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

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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

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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

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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,

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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;

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(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

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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

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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

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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; .

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(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

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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

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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);

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(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

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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

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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

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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

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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.".