Bill Amendment: IL HB5541 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: FOOD WASTE&COMPOSTING

Status: 2026-06-18 - Sent to the Governor [HB5541 Detail]

Download: Illinois-2025-HB5541-House_Amendment_001.html

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Rep. Anna Moeller

Filed: 3/23/2026

 

 

 

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AMENDMENT TO HOUSE BILL 5541
AMENDMENT NO. ______. Amend House Bill 5541 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
changing Sections 3.150, 3.155, 3.330, 21, and 22.34 and by
adding Sections 3.123, 3.126, 3.182, 3.198, 3.308, and 3.309
as follows:
(415 ILCS 5/3.123 new)
Sec. 3.123. Anaerobic digestion. "Anaerobic digestion"
means the process by which microorganisms break down organic
material in the absence of oxygen to produce biogas and
digestate.
(415 ILCS 5/3.126 new)
Sec. 3.126. Biogas. "Biogas" means the gas produced by the
anaerobic decomposition of organic material.

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(415 ILCS 5/3.150) (was 415 ILCS 5/3.69)
Sec. 3.150. Compost. "Compost" means is defined as the
humus-like product of the process of composting waste, which
may be used as a soil conditioner.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.155) (was 415 ILCS 5/3.70)
Sec. 3.155. Composting. "Composting" means the biological
treatment process by which microorganisms aerobically
decompose organic material under controlled conditions to
produce compost. the organic fraction of waste, producing
compost.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.182 new)
Sec. 3.182. Digestate. "Digestate" means the solid and
liquid end products of anaerobic digestion.
(415 ILCS 5/3.198 new)
Sec. 3.198. Food waste. "Food waste" means the organic
waste fraction of garbage.
(415 ILCS 5/3.308 new)
Sec. 3.308. Organic material. "Organic material" means
carbon-based material originating from living organisms.

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(415 ILCS 5/3.309 new)
Sec. 3.309. Organic waste. "Organic waste" means organic
material that meets the definition of "waste" under this Act.
(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

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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);

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(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

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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

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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 composting of organic waste of food scrap,
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

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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 organic waste 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

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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
organic waste 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) Organic waste Food scrap, livestock waste,
crop residue, uncontaminated wood waste, paper waste,
and compost must not be placed within 5 feet of the

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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
organic waste 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 waste 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 waste 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.
(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.)

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(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. Prohibited acts. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public
highways or other public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(c) Abandon any vehicle in violation of the "Abandoned
Vehicles Amendment to the Illinois Vehicle Code", as enacted
by the 76th General Assembly.
(d) Conduct any waste-storage, waste-treatment, or
waste-disposal operation:
(1) without a permit granted by the Agency or in
violation of any conditions imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; provided,
however, that, except for municipal solid waste landfill
units that receive waste on or after October 9, 1993, and
CCR surface impoundments, no permit shall be required for
(i) any person conducting a waste-storage,
waste-treatment, or waste-disposal operation for wastes
generated by such person's own activities which are
stored, treated, or disposed within the site where such
wastes are generated, (ii) until one year after the

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effective date of rules adopted by the Board under
subsection (n) of Section 22.38, a facility located in a
county with a population over 700,000 as of January 1,
2000, operated and located in accordance with Section
22.38 of this Act, and used exclusively for the transfer,
storage, or treatment of general construction or
demolition debris, provided that the facility was
receiving construction or demolition debris on August 24,
2009 (the effective date of Public Act 96-611), or (iii)
any person conducting a waste transfer, storage,
treatment, or disposal operation, including, but not
limited to, a waste transfer or waste composting
operation, under a mass animal mortality event plan
created by the Department of Agriculture;
(2) in violation of any regulations or standards
adopted by the Board under this Act;
(3) which receives waste after August 31, 1988, does
not have a permit issued by the Agency, and is (i) a
landfill used exclusively for the disposal of waste
generated at the site, (ii) a surface impoundment
receiving special waste not listed in an NPDES permit,
(iii) a waste pile in which the total volume of waste is
greater than 100 cubic yards or the waste is stored for
over one year, or (iv) a land treatment facility receiving
special waste generated at the site; without giving notice
of the operation to the Agency by January 1, 1989, or 30

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days after the date on which the operation commences,
whichever is later, and every 3 years thereafter. The form
for such notification shall be specified by the Agency,
and shall be limited to information regarding: the name
and address of the location of the operation; the type of
operation; the types and amounts of waste stored, treated
or disposed of on an annual basis; the remaining capacity
of the operation; and the remaining expected life of the
operation.
Item (3) of this subsection (d) shall not apply to any
person engaged in agricultural activity who is disposing of a
substance that constitutes solid waste, if the substance was
acquired for use by that person on his own property, and the
substance is disposed of on his own property in accordance
with regulations or standards adopted by the Board.
This subsection (d) shall not apply to hazardous waste.
(e) Dispose, treat, store or abandon any waste, or
transport any waste into this State for disposal, treatment,
storage or abandonment, except at a site or facility which
meets the requirements of this Act and of regulations and
standards thereunder.
(f) Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal operation:
(1) without a RCRA permit for the site issued by the
Agency under subsection (d) of Section 39 of this Act, or
in violation of any condition imposed by such permit,

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including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; or
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) in violation of any RCRA permit filing requirement
established under standards adopted by the Board under
this Act; or
(4) in violation of any order adopted by the Board
under this Act.
Notwithstanding the above, no RCRA permit shall be
required under this subsection or subsection (d) of Section 39
of this Act for any person engaged in agricultural activity
who is disposing of a substance which has been identified as a
hazardous waste, and which has been designated by Board
regulations as being subject to this exception, if the
substance was acquired for use by that person on his own
property and the substance is disposed of on his own property
in accordance with regulations or standards adopted by the
Board.
(g) Conduct any hazardous waste-transportation operation:
(1) without registering with and obtaining a special
waste hauling permit from the Agency in accordance with
the regulations adopted by the Board under this Act; or
(2) in violation of any regulations or standards

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adopted by the Board under this Act.
(h) Conduct any hazardous waste-recycling or hazardous
waste-reclamation or hazardous waste-reuse operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act.
(i) Conduct any process or engage in any act which
produces hazardous waste in violation of any regulations or
standards adopted by the Board under subsections (a) and (c)
of Section 22.4 of this Act.
(j) Conduct any special waste-transportation operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act. However, sludge from a
water or sewage treatment plant owned and operated by a unit of
local government which (1) is subject to a sludge management
plan approved by the Agency or a permit granted by the Agency,
and (2) has been tested and determined not to be a hazardous
waste as required by applicable State and federal laws and
regulations, may be transported in this State without a
special waste hauling permit, and the preparation and carrying
of a manifest shall not be required for such sludge under the
rules of the Pollution Control Board. The unit of local
government which operates the treatment plant producing such
sludge shall file an annual report with the Agency identifying
the volume of such sludge transported during the reporting
period, the hauler of the sludge, and the disposal sites to
which it was transported. This subsection (j) shall not apply

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to hazardous waste.
(k) Fail or refuse to pay any fee imposed under this Act.
(l) Locate a hazardous waste disposal site above an active
or inactive shaft or tunneled mine or within 2 miles of an
active fault in the earth's crust. In counties of population
less than 225,000 no hazardous waste disposal site shall be
located (1) within 1 1/2 miles of the corporate limits as
defined on June 30, 1978, of any municipality without the
approval of the governing body of the municipality in an
official action; or (2) within 1000 feet of an existing
private well or the existing source of a public water supply
measured from the boundary of the actual active permitted site
and excluding existing private wells on the property of the
permit applicant. The provisions of this subsection do not
apply to publicly owned sewage works or the disposal or
utilization of sludge from publicly owned sewage works.
(m) Transfer interest in any land which has been used as a
hazardous waste disposal site without written notification to
the Agency of the transfer and to the transferee of the
conditions imposed by the Agency upon its use under subsection
(g) of Section 39.
(n) Use any land which has been used as a hazardous waste
disposal site except in compliance with conditions imposed by
the Agency under subsection (g) of Section 39.
(o) Conduct a sanitary landfill operation which is
required to have a permit under subsection (d) of this

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Section, in a manner which results in any of the following
conditions:
(1) refuse in standing or flowing waters;
(2) leachate flows entering waters of the State;
(3) leachate flows exiting the landfill confines (as
determined by the boundaries established for the landfill
by a permit issued by the Agency);
(4) open burning of refuse in violation of Section 9
of this Act;
(5) uncovered refuse remaining from any previous
operating day or at the conclusion of any operating day,
unless authorized by permit;
(6) failure to provide final cover within time limits
established by Board regulations;
(7) acceptance of wastes without necessary permits;
(8) scavenging as defined by Board regulations;
(9) deposition of refuse in any unpermitted portion of
the landfill;
(10) acceptance of a special waste without a required
manifest;
(11) failure to submit reports required by permits or
Board regulations;
(12) failure to collect and contain litter from the
site by the end of each operating day;
(13) failure to submit any cost estimate for the site
or any performance bond or other security for the site as

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required by this Act or Board rules.
The prohibitions specified in this subsection (o) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to sanitary landfills.
(p) In violation of subdivision (a) of this Section, cause
or allow the open dumping of any waste in a manner which
results in any of the following occurrences at the dump site:
(1) litter;
(2) scavenging;
(3) open burning;
(4) deposition of waste in standing or flowing waters;
(5) proliferation of disease vectors;
(6) standing or flowing liquid discharge from the dump
site;
(7) deposition of:
(i) general construction or demolition debris as
defined in Section 3.160(a) of this Act; or
(ii) clean construction or demolition debris as
defined in Section 3.160(b) of this Act.
The prohibitions specified in this subsection (p) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit

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the power of the Board to establish regulations or standards
applicable to open dumping.
(q) Conduct a landscape waste composting operation without
an Agency permit, provided, however, that no permit shall be
required for any person:
(1) conducting a landscape waste composting operation
for landscape wastes generated by such person's own
activities which are stored, treated, or disposed of
within the site where such wastes are generated; or
(1.5) conducting a landscape waste composting
operation that (i) has no more than 25 cubic yards of
landscape waste, composting additives, composting
material, or end-product compost on-site at any one time
and (ii) is not engaging in commercial activity; or
(2) applying landscape waste or composted landscape
waste at agronomic rates; or
(2.5) operating a landscape waste composting facility
at a site having 10 or more occupied non-farm residences
within 1/2 mile of its boundaries, if the facility meets
all of the following criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the site's total acreage;
(A-5) any composting additives that the composting
facility accepts and uses at the facility are

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necessary to provide proper conditions for composting
and do not exceed 10% of the total composting material
at the facility at any one time;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased, or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any
way connected with or controlled by any such waste
hauler or generator;
(C) all compost generated by the composting
facility, except incidental sales of finished compost,
is applied at agronomic rates and used as mulch,
fertilizer, or soil conditioner on land actually
farmed by the person operating the composting
facility, and the finished compost is not stored at
the composting site for a period longer than 18 months
prior to its application as mulch, fertilizer, or soil
conditioner;
(D) no fee is charged for the acceptance of
materials to be composted at the facility; and
(E) the owner or operator, by January 1, 2014 (or
the January 1 following commencement of operation,

10400HB5541ham001 - 25 - LRB104 19752 BDA 35409 a
whichever is later) and January 1 of each year
thereafter, registers the site with the Agency, (ii)
reports to the Agency on the volume of composting
material received and used at the site; (iii)
certifies to the Agency that the site complies with
the requirements set forth in subparagraphs (A),
(A-5), (B), (C), and (D) of this paragraph (2.5); and
(iv) certifies to the Agency that all composting
material was placed more than 200 feet from the
nearest potable water supply well, was placed outside
the boundary of the 10-year floodplain or on a part of
the site that is floodproofed, was placed at least
one-fourth of a 1/4 mile from the nearest residence
(other than a residence located on the same property
as the facility) or a lesser distance from the nearest
residence (other than a residence located on the same
property as the facility) if the municipality in which
the facility is located has by ordinance approved a
lesser distance than one-fourth of a 1/4 mile, and was
placed more than 5 feet above the water table; any
ordinance approving a residential setback of less than
one-fourth of a 1/4 mile that is used to meet the
requirements of this subparagraph (E) of paragraph
(2.5) of this subsection must specifically reference
this paragraph; or
(3) operating a landscape waste composting facility on

10400HB5541ham001 - 26 - LRB104 19752 BDA 35409 a
a farm, if the facility meets all of the following
criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the property's total acreage, except
that the Board may allow a higher percentage for
individual sites where the owner or operator has
demonstrated to the Board that the site's soil
characteristics or crop needs require a higher rate;
(A-1) the composting facility accepts from other
agricultural operations for composting with landscape
waste no materials other than uncontaminated and
source-separated (i) crop residue and other
agricultural plant residue generated from the
production and harvesting of crops and other customary
farm practices, including, but not limited to, stalks,
leaves, seed pods, husks, bagasse, and roots and (ii)
plant-derived animal bedding, such as straw or
sawdust, that is free of manure and was not made from
painted or treated wood;
(A-2) any composting additives that the composting
facility accepts and uses at the facility are
necessary to provide proper conditions for composting
and do not exceed 10% of the total composting material
at the facility at any one time;

10400HB5541ham001 - 27 - LRB104 19752 BDA 35409 a
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any
way connected with or controlled by any such waste
hauler or generator;
(C) all compost generated by the composting
facility, except incidental sales of finished compost,
is applied at agronomic rates and used as mulch,
fertilizer or soil conditioner on land actually farmed
by the person operating the composting facility, and
the finished compost is not stored at the composting
site for a period longer than 18 months prior to its
application as mulch, fertilizer, or soil conditioner;
(D) the owner or operator, by January 1 of each
year, (i) registers the site with the Agency, (ii)
reports to the Agency on the volume of composting
material received and used at the site and the volume
of material comprising the incidental sale of finished
compost under this subsection (q), (iii) certifies to
the Agency that the site complies with the
requirements set forth in subparagraphs (A), (A-1),

10400HB5541ham001 - 28 - LRB104 19752 BDA 35409 a
(A-2), (B), and (C) of this paragraph (q)(3), and (iv)
certifies to the Agency that all composting material:
(I) was placed more than 200 feet from the
nearest potable water supply well;
(II) was placed outside the boundary of the
10-year floodplain or on a part of the site that is
floodproofed;
(III) was placed either (aa) at least
one-fourth of a 1/4 mile from the nearest
residence (other than a residence located on the
same property as the facility) and there are not
more than 10 occupied non-farm residences within
1/2 mile of the boundaries of the site on the date
of application or (bb) a lesser distance from the
nearest residence (other than a residence located
on the same property as the facility) provided
that the municipality or county in which the
facility is located has by ordinance approved a
lesser distance than one-fourth of a 1/4 mile and
there are not more than 10 occupied non-farm
residences within 1/2 mile of the boundaries of
the site on the date of application; and
(IV) was placed more than 5 feet above the
water table.
Any ordinance approving a residential setback of
less than one-fourth of a 1/4 mile that is used to meet

10400HB5541ham001 - 29 - LRB104 19752 BDA 35409 a
the requirements of this subparagraph (D) must
specifically reference this subparagraph.
For the purposes of this subsection (q), "agronomic rates"
means the application of not more than 20 tons per acre per
year, except that the Board may allow a higher rate for
individual sites where the owner or operator has demonstrated
to the Board that the site's soil characteristics or crop
needs require a higher rate.
For the purposes of this subsection (q), "incidental sale
of finished compost" means the sale of finished compost that
meets general use compost standards and is no more than 20% or
300 cubic yards, whichever is less, of the total compost
created annually by a private landowner for the landowner's
own use.
(r) Cause or allow the storage or disposal of coal
combustion waste unless:
(1) such waste is stored or disposed of at a site or
facility for which a permit has been obtained or is not
otherwise required under subsection (d) of this Section;
or
(2) such waste is stored or disposed of as a part of
the design and reclamation of a site or facility which is
an abandoned mine site in accordance with the Abandoned
Mined Lands and Water Reclamation Act; or
(3) such waste is stored or disposed of at a site or
facility which is operating under NPDES and Subtitle D

10400HB5541ham001 - 30 - LRB104 19752 BDA 35409 a
permits issued by the Agency pursuant to regulations
adopted by the Board for mine-related water pollution and
permits issued pursuant to the federal Surface Mining
Control and Reclamation Act of 1977 (P.L. 95-87) or the
rules and regulations thereunder or any law or rule or
regulation adopted by the State of Illinois pursuant
thereto, and the owner or operator of the facility agrees
to accept the waste; and either:
(i) such waste is stored or disposed of in
accordance with requirements applicable to refuse
disposal under regulations adopted by the Board for
mine-related water pollution and pursuant to NPDES and
Subtitle D permits issued by the Agency under such
regulations; or
(ii) the owner or operator of the facility
demonstrates all of the following to the Agency, and
the facility is operated in accordance with the
demonstration as approved by the Agency: (1) the
disposal area will be covered in a manner that will
support continuous vegetation, (2) the facility will
be adequately protected from wind and water erosion,
(3) the pH will be maintained so as to prevent
excessive leaching of metal ions, and (4) adequate
containment or other measures will be provided to
protect surface water and groundwater from
contamination at levels prohibited by this Act, the

10400HB5541ham001 - 31 - LRB104 19752 BDA 35409 a
Illinois Groundwater Protection Act, or regulations
adopted pursuant thereto.
Notwithstanding any other provision of this Title, the
disposal of coal combustion waste pursuant to item (2) or (3)
of this subdivision (r) shall be exempt from the other
provisions of this Title V, and notwithstanding the provisions
of Title X of this Act, the Agency is authorized to grant
experimental permits which include provision for the disposal
of wastes from the combustion of coal and other materials
pursuant to items (2) and (3) of this subdivision (r).
(s) After April 1, 1989, offer for transportation,
transport, deliver, receive or accept special waste for which
a manifest is required, unless the manifest indicates that the
fee required under Section 22.8 of this Act has been paid.
(t) Cause or allow a lateral expansion of a municipal
solid waste landfill unit on or after October 9, 1993, without
a permit modification, granted by the Agency, that authorizes
the lateral expansion.
(u) Conduct any vegetable by-product treatment, storage,
disposal or transportation operation in violation of any
regulation, standards or permit requirements adopted by the
Board under this Act. However, no permit shall be required
under this Title V for the land application of vegetable
by-products conducted pursuant to Agency permit issued under
Title III of this Act to the generator of the vegetable
by-products. In addition, vegetable by-products may be

10400HB5541ham001 - 32 - LRB104 19752 BDA 35409 a
transported in this State without a special waste hauling
permit, and without the preparation and carrying of a
manifest.
(v) (Blank).
(w) Conduct any generation, transportation, or recycling
of construction or demolition debris, clean or general, or
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads
that is not commingled with any waste, without the maintenance
of documentation identifying the hauler, generator, place of
origin of the debris or soil, the weight or volume of the
debris or soil, and the location, owner, and operator of the
facility where the debris or soil was transferred, disposed,
recycled, or treated. This documentation must be maintained by
the generator, transporter, or recycler for 3 years. This
subsection (w) shall not apply to (1) a permitted pollution
control facility that transfers or accepts construction or
demolition debris, clean or general, or uncontaminated soil
for final disposal, recycling, or treatment, (2) a public
utility (as that term is defined in the Public Utilities Act)
or a municipal utility, (3) the Illinois Department of
Transportation, or (4) a municipality or a county highway
department, with the exception of any municipality or county
highway department located within a county having a population
of over 3,000,000 inhabitants or located in a county that is
contiguous to a county having a population of over 3,000,000

10400HB5541ham001 - 33 - LRB104 19752 BDA 35409 a
inhabitants; but it shall apply to an entity that contracts
with a public utility, a municipal utility, the Illinois
Department of Transportation, or a municipality or a county
highway department. The terms "generation" and "recycling", as
used in this subsection, do not apply to clean construction or
demolition debris when (i) used as fill material below grade
outside of a setback zone if covered by sufficient
uncontaminated soil to support vegetation within 30 days of
the completion of filling or if covered by a road or structure,
(ii) solely broken concrete without protruding metal bars is
used for erosion control, or (iii) milled asphalt or crushed
concrete is used as aggregate in construction of the shoulder
of a roadway. The terms "generation" and "recycling", as used
in this subsection, do not apply to uncontaminated soil that
is not commingled with any waste when (i) used as fill material
below grade or contoured to grade, or (ii) used at the site of
generation.
(y) Inject any carbon dioxide stream produced by a carbon
dioxide capture project into a Class II well, as defined by the
Board under this Act, or a Class VI well converted from a Class
II well, for purposes of enhanced oil or gas recovery,
including, but not limited to, the facilitation of enhanced
oil or gas recovery from another well.
(z) Sell or transport concentrated carbon dioxide stream
produced by a carbon dioxide capture project for use in
enhanced oil or gas recovery.

10400HB5541ham001 - 34 - LRB104 19752 BDA 35409 a
(aa) Operate a carbon sequestration activity in a manner
that causes, threatens, or allows the release of carbon
dioxide so as to tend to cause water pollution in this State.
(bb) Conduct an organic waste composting operation without
an Agency permit, provided, however, that no permit shall be
required for any person:
(1) conducting an organic waste composting operation
for organic wastes generated by such person's own
activities which are stored, treated, or disposed of
within the site where such wastes are generated; or
(2) conducting an organic waste composting operation
that (i) has not more than 50 cubic yards of organic waste,
composting additives, composting material, or end-product
compost on-site at any one time and (ii) is not engaging in
commercial activity.
Landscape waste composting operations, including landscape
waste composting operations that accept organic waste as an
additive, are subject to subsection (q) rather than this
subsection (bb).
(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff.
1-1-24; 103-651, eff. 7-18-24.)
(415 ILCS 5/22.34)
Sec. 22.34. Organic waste compost quality standards.
(a) The Agency may develop and make recommendations to the

10400HB5541ham001 - 35 - LRB104 19752 BDA 35409 a
Board concerning (i) performance standards for organic waste
compost facilities and (ii) testing procedures and standards
for the end-product compost produced by organic waste compost
facilities.
The Agency, in cooperation with the Department, shall
appoint a Technical Advisory Committee for the purpose of
developing these recommendations. Among other things, the
Committee shall evaluate environmental and safety
considerations, compliance costs, and regulations adopted in
other states and countries. The Committee shall have balanced
representation and shall include members representing
academia, the composting industry, the Department of
Agriculture, the landscaping industry, environmental
organizations, municipalities, and counties.
Performance standards for organic waste compost facilities
may include, but are not limited to:
(1) the management of potential exposures for human
disease vectors and odor;
(2) the management of surface water;
(3) contingency planning for handling end-product
compost material that does not meet end-product compost
standards adopted by the Board;
(4) plans for intended purposes of end-use product;
and
(5) a financial assurance plan necessary to restore
the site as specified in Agency permit. The financial

10400HB5541ham001 - 36 - LRB104 19752 BDA 35409 a
assurance plan may include, but is not limited to, posting
with the Agency a performance bond or other security for
the purpose of ensuring site restoration.
(b) No later than one year after the Agency makes
recommendations to the Board under subsection (a) of this
Section, the Board shall adopt, as applicable:
(1) performance standards for organic waste compost
facilities; and
(2) testing procedures and standards for the
end-product compost produced by organic waste compost
facilities.
The Board shall evaluate the merits of different standards
for end-product compost applications.
(c) On-site residential composting that is used solely for
the purpose of composting organic waste generated on-site and
that will not be offered for off-site sale or use is exempt
from any standards promulgated under subsections (a) and (b).
Subsection (b)(2) shall not apply to end-product compost used
as daily cover or vegetative amendment in the final layer.
Subsection (b) applies to any end-product compost offered for
sale or use in Illinois.
(d) (Blank). For the purposes of this Section, "organic
waste" means food scrap, landscape waste, wood waste,
livestock waste, crop residue, paper waste, or other
non-hazardous carbonaceous waste that is collected and
processed separately from the rest of the municipal waste

10400HB5541ham001 - 37 - LRB104 19752 BDA 35409 a
stream.
(e) Except as otherwise provided in Board rules, solid
waste permits for organic waste composting facilities shall be
issued under the Board's Solid Waste rules at 35 Ill. Adm. Code
807. The permits must include, but shall not be limited to,
measures designed to reduce pathogens in the compost.
(f) Standards adopted under this Section do not apply to
compost operations exempt from permitting under paragraph
(1.5) of subsection (q) or under paragraph (2) of subsection
(bb) of Section 21 of this Act.
(Source: P.A. 98-239, eff. 8-9-13.)
(415 ILCS 5/3.197 rep.)
Section 10. The Environmental Protection Act is amended by
repealing Section 3.197.".