Bill Amendment: IL SB2852 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EPA-SOLID WASTE-FOOD WASTE

Status: 2026-05-22 - Senate Committee Amendment No. 2 Rule 3-9(a) / Re-referred to Assignments [SB2852 Detail]

Download: Illinois-2025-SB2852-Senate_Amendment_002.html

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Sen. Adriane Johnson

Filed: 3/26/2026

 

 

 

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AMENDMENT TO SENATE BILL 2852
AMENDMENT NO. ______. Amend Senate Bill 2852 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, 3.197, and 3.330 and by adding
Sections 3.122, 3.126, 3.183, 3.198, 3.308, 3.309, 22.34, and
22.55 as follows:
(415 ILCS 5/3.122 new)
Sec. 3.122. 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 energy-rich 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" 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 5/3.183 new)
Sec. 3.183. Digestate. "Digestate" means the solid and
liquid material end products of anaerobic digestion.
(415 ILCS 5/3.197)
Sec. 3.197. Food waste scrap. "Food waste scrap" means
organic waste that meets the definition of garbage. 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

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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 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 waste processing facility. "Food waste
processing facility" means a facility that accepts food waste
in its original packaging, removes the food waste from its
original packaging, and processes the food waste to make it
suitable for transport to a composting facility or an
anaerobic digester.
(415 ILCS 5/3.308 new)
Sec. 3.308. Organic material. "Organic material" means
carbon-based material originating from living organisms.
(415 ILCS 5/3.309 new)
Sec. 3.309. Organic waste. "Organic waste" means organic
material that meets the definition of waste.
(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)

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Sec. 3.330. Pollution control facility.
(a) "Pollution control facility" is any waste storage
site, sanitary landfill, waste disposal site, waste transfer
station, waste treatment facility, or waste incinerator. This
includes sewers, sewage treatment plants, and any other
facilities owned or operated by sanitary districts organized
under the Metropolitan Water Reclamation District Act.
The following are not pollution control facilities:
(1) (blank);
(2) waste storage sites regulated under 40 CFR 761.42;
(3) sites or facilities used by any person conducting
a waste storage, waste treatment, waste disposal, waste
transfer or waste incineration operation, or a combination
thereof, for wastes generated by such person's own
activities, when such wastes are stored, treated, disposed
of, transferred or incinerated within the site or facility
owned, controlled or operated by such person, or when such
wastes are transported within or between sites or
facilities owned, controlled or operated by such person;
(4) sites or facilities at which the State is
performing removal or remedial action pursuant to Section
22.2 or 55.3;
(5) abandoned quarries used solely for the disposal of
concrete, earth materials, gravel, or aggregate debris
resulting from road construction activities conducted by a
unit of government or construction activities due to the

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construction and installation of underground pipes, lines,
conduit or wires off of the premises of a public utility
company which are conducted by a public utility;
(6) sites or facilities used by any person to
specifically conduct a landscape composting operation;
(7) regional facilities as defined in the Central
Midwest Interstate Low-Level Radioactive Waste Compact;
(8) the portion of a site or facility where coal
combustion wastes are stored or disposed of in accordance
with subdivision (r)(2) or (r)(3) of Section 21;
(9) the portion of a site or facility used for the
collection, storage or processing of waste tires as
defined in Title XIV;
(10) the portion of a site or facility used for
treatment of petroleum contaminated materials by
application onto or incorporation into the soil surface
and any portion of that site or facility used for storage
of petroleum contaminated materials before treatment. Only
those categories of petroleum listed in Section 57.9(a)(3)
are exempt under this subdivision (10);
(11) the portion of a site or facility where used oil
is collected or stored prior to shipment to a recycling or
energy recovery facility, provided that the used oil is
generated by households or commercial establishments, and
the site or facility is a recycling center or a business
where oil or gasoline is sold at retail;

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(11.5) processing sites or facilities that receive
only on-specification used oil, as defined in 35 Ill. Adm.
Code 739, originating from used oil collectors for
processing that is managed under 35 Ill. Adm. Code 739 to
produce products for sale to off-site petroleum
facilities, if these processing sites or facilities are:
(i) located within a home rule unit of local government
with a population of at least 30,000 according to the 2000
federal census, that home rule unit of local government
has been designated as an Urban Round II Empowerment Zone
by the United States Department of Housing and Urban
Development, and that home rule unit of local government
has enacted an ordinance approving the location of the
site or facility and provided funding for the site or
facility; and (ii) in compliance with all applicable
zoning requirements;
(12) the portion of a site or facility utilizing coal
combustion waste for stabilization and treatment of only
waste generated on that site or facility when used in
connection with response actions pursuant to the federal
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, the federal Resource Conservation
and Recovery Act of 1976, or the Illinois Environmental
Protection Act or as authorized by the Agency;
(13) the portion of a site or facility regulated under
Section 22.38 of this Act;

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(14) the portion of a site or facility, located within
a unit of local government that has enacted local zoning
requirements, used to accept, separate, and process
uncontaminated broken concrete, with or without protruding
metal bars, provided that the uncontaminated broken
concrete and metal bars are not speculatively accumulated,
are at the site or facility no longer than one year after
their acceptance, and are returned to the economic
mainstream in the form of raw materials or products;
(15) the portion of a site or facility located in a
county with a population over 3,000,000 that has obtained
local siting approval under Section 39.2 of this Act for a
municipal waste incinerator on or before July 1, 2005 and
that is used for a non-hazardous waste transfer station;
(16) a site or facility that temporarily holds in
transit for 10 days or less, non-putrescible solid waste
in original containers, no larger in capacity than 500
gallons, provided that such waste is further transferred
to a recycling, disposal, treatment, or storage facility
on a non-contiguous site and provided such site or
facility complies with the applicable 10-day transfer
requirements of the federal Resource Conservation and
Recovery Act of 1976 and United States Department of
Transportation hazardous material requirements. For
purposes of this Section only, "non-putrescible solid
waste" means waste other than municipal garbage that does

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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 or anaerobic digestion 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 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 or anaerobically digested
at the site or facility at any one time.
(B) All organic food scrap, livestock waste, crop

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residue, uncontaminated wood waste, and paper waste
must, by the end of each operating day, be processed
and placed into an anaerobic digester or an enclosed
composting vessel in which air flow and temperature
are controlled, or, for organic waste being composted
outside of an enclosed vessel, all of the following
additional requirements must be met:
(i) The portion of the site or facility used
for the composting operation must include a
setback of at least 200 feet from the nearest
potable water supply well.
(ii) The portion of the site or facility used
for the composting operation must be located
outside the boundary of the 10-year floodplain or
floodproofed.
(iii) Except in municipalities with more than
1,000,000 inhabitants, the portion of the site or
facility used for the composting operation must be
located at least one-eighth of a mile from the
nearest residence, other than a residence located
on the same property as the site or facility.
(iv) The portion of the site or facility used
for the composting operation must be located at
least one-eighth of a mile from the property line
of all of the following areas:
(I) Facilities that primarily serve to

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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 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
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.).

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(E) The site or facility must not (i) restrict the
flow of a 100-year flood, (ii) result in washout of
organic food scrap, livestock waste, crop residue,
uncontaminated wood waste, or paper waste from a
100-year flood, or (iii) reduce the temporary water
storage capacity of the 100-year floodplain, unless
measures are undertaken to provide alternative storage
capacity, such as by providing lagoons, holding tanks,
or drainage around structures at the facility.
(F) The site or facility must not be located in any
area where it may pose a threat of harm or destruction
to the features for which:
(i) an irreplaceable historic or
archaeological site has been listed under the
National Historic Preservation Act (16 U.S.C. 470
et seq.) or the Illinois Historic Preservation
Act;
(ii) a natural landmark has been designated by
the National Park Service or the Illinois State
Historic Preservation Office; or
(iii) a natural area has been designated as a
Dedicated Illinois Nature Preserve under the
Illinois Natural Areas Preservation Act.
(G) The site or facility must not be located in an
area where it may jeopardize the continued existence
of any designated endangered species, result in the

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destruction or adverse modification of the critical
habitat for such species, or cause or contribute to
the taking of any endangered or threatened species of
plant, fish, or wildlife listed under the Endangered
Species Act (16 U.S.C. 1531 et seq.) or the Illinois
Endangered Species Protection Act;
(20) the portion of a site or facility that is located
entirely within a home rule unit having a population of no
less than 120,000 and no more than 135,000, according to
the 2000 federal census, and that meets all of the
following requirements:
(i) the portion of the site or facility is used
exclusively to perform testing of a thermochemical
conversion technology using only woody biomass,
collected as landscape waste within the boundaries of
the home rule unit, as the hydrocarbon feedstock for
the production of synthetic gas in accordance with
Section 39.9 of this Act;
(ii) the portion of the site or facility is in
compliance with all applicable zoning requirements;
and
(iii) a complete application for a demonstration
permit at the portion of the site or facility has been
submitted to the Agency in accordance with Section
39.9 of this Act within one year after July 27, 2010
(the effective date of Public Act 96-1314);

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(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
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

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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
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;

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(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 (i) is used
exclusively as a food waste processing facility and (ii)
is located within the permitted boundary of a
waste-storage, waste-treatment, or waste-disposal
operation for which local siting approval was granted
pursuant to Section 39.2 of this Act or is located within
the permitted boundary of an Agency-permitted composting
facility or Agency-permitted anaerobic digester.
(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.

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(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
102-813, eff. 5-13-22; 103-333, eff. 1-1-24.)
(415 ILCS 5/22.34)
Sec. 22.34. Organic waste compost quality standards.
(a) The Agency may develop and make recommendations to the
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

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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
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

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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
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) of Section 21 of this Act.
(Source: P.A. 98-239, eff. 8-9-13.)
(415 ILCS 5/22.55)
Sec. 22.55. Household waste drop-off points.
(a) Findings; purpose and intent.
(1) The General Assembly finds that protection of
human health and the environment can be enhanced if
certain commonly generated household wastes are managed
separately from the general household waste stream.
(2) The purpose of this Section is to provide, to the
extent allowed under federal law, a method for managing

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certain types of household waste separately from the
general household waste stream.
(b) Definitions. For the purposes of this Section:
"Compostable waste" means household waste that is
source-separated food waste food scrap, household waste
that is source-separated landscape waste, or a mixture of
both.
"Controlled substance" means a controlled substance as
defined in the Illinois Controlled Substances Act.
"Household waste" means waste generated from a single
residence or multiple residences.
"Household waste drop-off point" means the portion of
a site or facility used solely for the receipt and
temporary storage of household waste.
"One-day compostable waste collection event" means a
household waste drop-off point approved by a county or
municipality under subsection (d-5) of this Section.
"One-day household waste collection event" means a
household waste drop-off point approved by the Agency
under subsection (d) of this Section.
"Permanent compostable waste collection point" means a
household waste drop-off point approved by a county or
municipality under subsection (d-6) of this Section.
"Personal care product" means an item other than a
pharmaceutical product that is consumed or applied by an
individual for personal health, hygiene, or cosmetic

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reasons. Personal care products include, but are not
limited to, items used in bathing, dressing, or grooming.
"Pharmaceutical product" means medicine or a product
containing medicine. A pharmaceutical product may be sold
by prescription or over the counter. "Pharmaceutical
product" does not include medicine that contains a
radioactive component or a product that contains a
radioactive component.
"Recycling coordinator" means the person designated by
each county waste management plan to administer the county
recycling program, as set forth in the Solid Waste
Management Act.
(c) Except as otherwise provided in Agency rules, the
following requirements apply to each household waste drop-off
point, other than a one-day household waste collection event,
one-day compostable waste collection event, or permanent
compostable waste collection point:
(1) A household waste drop-off point must not accept
waste other than the following types of household waste:
pharmaceutical products, personal care products, batteries
other than lead-acid batteries, paints, automotive fluids,
compact fluorescent lightbulbs, mercury thermometers, and
mercury thermostats. A household waste drop-off point may
accept controlled substances in accordance with federal
law.
(2) Except as provided in subdivision (c)(2) of this

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Section, household waste drop-off points must be located
at a site or facility where the types of products accepted
at the household waste drop-off point are lawfully sold,
distributed, or dispensed. For example, household waste
drop-off points that accept prescription pharmaceutical
products must be located at a site or facility where
prescription pharmaceutical products are sold,
distributed, or dispensed.
(A) Subdivision (c)(2) of this Section does not
apply to household waste drop-off points operated by a
government or school entity, or by an association or
other organization of government or school entities.
(B) Household waste drop-off points that accept
mercury thermometers can be located at any site or
facility where non-mercury thermometers are sold,
distributed, or dispensed.
(C) Household waste drop-off points that accept
mercury thermostats can be located at any site or
facility where non-mercury thermostats are sold,
distributed, or dispensed.
(3) The location of acceptance for each type of waste
accepted at the household waste drop-off point must be
clearly identified. Locations where pharmaceutical
products are accepted must also include a copy of the sign
required under subsection (j) of this Section.
(4) Household waste must be accepted only from private

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individuals. Waste must not be accepted from other
persons, including, but not limited to, owners and
operators of rented or leased residences where the
household waste was generated, commercial haulers, and
other commercial, industrial, agricultural, and government
operations or entities.
(5) If more than one type of household waste is
accepted, each type of household waste must be managed
separately prior to its packaging for off-site transfer.
(6) Household waste must not be stored for longer than
90 days after its receipt, except as otherwise approved by
the Agency in writing.
(7) Household waste must be managed in a manner that
protects against releases of the waste, prevents
nuisances, and otherwise protects human health and the
environment. Household waste must also be properly secured
to prevent unauthorized public access to the waste,
including, but not limited to, preventing access to the
waste during the non-business hours of the site or
facility on which the household waste drop-off point is
located. Containers in which pharmaceutical products are
collected must be clearly marked "No Controlled
Substances", unless the household waste drop-off point
accepts controlled substances in accordance with federal
law.
(8) Management of the household waste must be limited

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to the following: (i) acceptance of the waste, (ii)
temporary storage of the waste prior to transfer, and
(iii) off-site transfer of the waste and packaging for
off-site transfer.
(9) Off-site transfer of the household waste must
comply with federal and State laws and regulations.
(d) One-day household waste collection events. To further
aid in the collection of certain household wastes, the Agency
may approve the operation of one-day household waste
collection events. The Agency shall not approve a one-day
household waste collection event at the same site or facility
for more than one day each calendar quarter. Requests for
approval must be submitted on forms prescribed by the Agency.
The Agency must issue its approval in writing, and it may
impose conditions as necessary to protect human health and the
environment and to otherwise accomplish the purposes of this
Act. One-day household waste collection events must be
operated in accordance with the Agency's approval, including
all conditions contained in the approval. The following
requirements apply to all one-day household waste collection
events, in addition to the conditions contained in the
Agency's approval:
(1) Waste accepted at the event must be limited to
household waste and must not include garbage, landscape
waste, or other waste excluded by the Agency in the
Agency's approval or any conditions contained in the

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approval. A one-day household waste collection event may
accept controlled substances in accordance with federal
law.
(2) Household waste must be accepted only from private
individuals. Waste must not be accepted from other
persons, including, but not limited to, owners and
operators of rented or leased residences where the
household waste was generated, commercial haulers, and
other commercial, industrial, agricultural, and government
operations or entities.
(3) Household waste must be managed in a manner that
protects against releases of the waste, prevents
nuisances, and otherwise protects human health and the
environment. Household waste must also be properly secured
to prevent public access to the waste, including, but not
limited to, preventing access to the waste during the
event's non-business hours.
(4) Management of the household waste must be limited
to the following: (i) acceptance of the waste, (ii)
temporary storage of the waste before transfer, and (iii)
off-site transfer of the waste or packaging for off-site
transfer.
(5) Except as otherwise approved by the Agency, all
household waste received at the collection event must be
transferred off-site by the end of the day following the
collection event.

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(6) The transfer and ultimate disposition of household
waste received at the collection event must comply with
the Agency's approval, including all conditions contained
in the approval.
(d-5) One-day compostable waste collection event. To
further aid in the collection and composting of compostable
waste, as defined in subsection (b), a municipality may
approve the operation of one-day compostable waste collection
events at any site or facility within its territorial
jurisdiction, and a county may approve the operation of
one-day compostable waste collection events at any site or
facility in any unincorporated area within its territorial
jurisdiction. The approval granted under this subsection (d-5)
must be in writing; must specify the date, location, and time
of the event; and must list the types of compostable waste that
will be collected at the event. If the one-day compostable
waste collection event is to be operated at a location within a
county with a population of more than 400,000 but less than
2,000,000 inhabitants, according to the 2010 decennial census,
then the operator of the event shall, at least 30 days before
the event, provide a copy of the approval to the recycling
coordinator designated by that county. The approval granted
under this subsection (d-5) may include conditions imposed by
the county or municipality as necessary to protect public
health and prevent odors, vectors, and other nuisances. A
one-day compostable waste collection event approved under this

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subsection (d-5) must be operated in accordance with the
approval, including all conditions contained in the approval.
The following requirements shall apply to the one-day
compostable waste collection event, in addition to the
conditions contained in the approval:
(1) Waste accepted at the event must be limited to the
types of compostable waste authorized to be accepted under
the approval.
(2) Information promoting the event and signs at the
event must clearly indicate the types of compostable waste
approved for collection. To discourage the receipt of
other waste, information promoting the event and signs at
the event must also include:
(A) examples of compostable waste being collected;
and
(B) examples of waste that is not being collected.
(3) Compostable waste must be accepted only from
private individuals. It may not be accepted from other
persons, including, but not limited to, owners and
operators of rented or leased residences where it was
generated, commercial haulers, and other commercial,
industrial, agricultural, and government operations or
entities.
(4) Compostable waste must be managed in a manner that
protects against releases of the waste, prevents
nuisances, and otherwise protects human health and the

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environment. Compostable waste must be properly secured to
prevent it from being accessed by the public at any time,
including, but not limited to, during the collection
event's non-operating hours. One-day compostable waste
collection events must be adequately supervised during
their operating hours.
(5) Compostable waste must be secured in non-porous,
rigid, leak-proof containers that:
(A) are covered, except when the compostable waste
is being added to or removed from the containers or it
is otherwise necessary to access the compostable
waste;
(B) prevent precipitation from draining through
the compostable waste;
(C) prevent dispersion of the compostable waste by
wind;
(D) contain spills or releases that could create
nuisances or otherwise harm human health or the
environment;
(E) limit access to the compostable waste by
vectors;
(F) control odors and other nuisances; and
(G) provide for storage, removal, and off-site
transfer of the compostable waste in a manner that
protects its ability to be composted.
(6) No more than a total of 40 cubic yards of

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compostable waste shall be located at the collection site
at any one time.
(7) Management of the compostable waste must be
limited to the following: (A) acceptance, (B) temporary
storage before transfer, and (C) off-site transfer.
(8) All compostable waste received at the event must
be transferred off-site to a permitted compost facility by
no later than 48 hours after the event ends or by the end
of the first business day after the event ends, whichever
is sooner.
(9) If waste other than compostable waste is received
at the event, then that waste must be disposed of within 48
hours after the event ends or by the end of the first
business day after the event ends, whichever is sooner.
(d-6) Permanent compostable waste collection points. To
further aid in the collection and composting of compostable
waste, as defined in subsection (b), a municipality may
approve the operation of permanent compostable waste
collection points at any site or facility within its
territorial jurisdiction, and a county may approve the
operation of permanent compostable waste collection points at
any site or facility in any unincorporated area within its
territorial jurisdiction. The approval granted pursuant to
this subsection (d-6) must be in writing; must specify the
location, operating days, and operating hours of the
collection point; must list the types of compostable waste

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that will be collected at the collection point; and must
specify a term of not more than 365 calendar days during which
the approval will be effective. In addition, if the permanent
compostable waste collection point is to be operated at a
location within a county with a population of more than
400,000 but less than 2,000,000 inhabitants, according to the
2010 federal decennial census, then the operator of the
collection point shall, at least 30 days before the collection
point begins operation, provide a copy of the approval to the
recycling coordinator designated by that county. The approval
may include conditions imposed by the county or municipality
as necessary to protect public health and prevent odors,
vectors, and other nuisances. A permanent compostable waste
collection point approved pursuant to this subsection (d-6)
must be operated in accordance with the approval, including
all conditions contained in the approval. The following
requirements apply to the permanent compostable waste
collection point, in addition to the conditions contained in
the approval:
(1) Waste accepted at the collection point must be
limited to the types of compostable waste authorized to be
accepted under the approval.
(2) Information promoting the collection point and
signs at the collection point must clearly indicate the
types of compostable waste approved for collection. To
discourage the receipt of other waste, information

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promoting the collection point and signs at the collection
point must also include (A) examples of compostable waste
being collected and (B) examples of waste that is not
being collected.
(3) Compostable waste must be accepted only from
private individuals. It may not be accepted from other
persons, including, but not limited to, owners and
operators of rented or leased residences where it was
generated, commercial haulers, and other commercial,
industrial, agricultural, and government operations or
entities.
(4) Compostable waste must be managed in a manner that
protects against releases of the waste, prevents
nuisances, and otherwise protects human health and the
environment. Compostable waste must be properly secured to
prevent it from being accessed by the public at any time,
including, but not limited to, during the collection
point's non-operating hours. Permanent compostable waste
collection points must be adequately supervised during
their operating hours.
(5) Compostable waste must be secured in non-porous,
rigid, leak-proof containers that:
(A) are no larger than 10 cubic yards in size;
(B) are covered, except when the compostable waste
is being added to or removed from the container or it
is otherwise necessary to access the compostable

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waste;
(C) prevent precipitation from draining through
the compostable waste;
(D) prevent dispersion of the compostable waste by
wind;
(E) contain spills or releases that could create
nuisances or otherwise harm human health or the
environment;
(F) limit access to the compostable waste by
vectors;
(G) control odors and other nuisances; and
(H) provide for storage, removal, and off-site
transfer of the compostable waste in a manner that
protects its ability to be composted.
(6) No more than a total of 10 cubic yards of
compostable waste shall be located at the permanent
compostable waste collection site at any one time.
(7) Management of the compostable waste must be
limited to the following: (A) acceptance, (B) temporary
storage before transfer, and (C) off-site transfer.
(8) All compostable waste received at the permanent
compostable waste collection point must be transferred
off-site to a permitted compost facility not less
frequently than once every 7 days.
(9) If a permanent compostable waste collection point
receives waste other than compostable waste, then that

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waste must be disposed of not less frequently than once
every 7 days.
(e) The Agency may adopt rules governing the operation of
household waste drop-off points, other than one-day household
waste collection events, one-day compostable waste collection
events, and permanent compostable waste collection points.
Those rules must be designed to protect against releases of
waste to the environment, prevent nuisances, and otherwise
protect human health and the environment. As necessary to
address different circumstances, the regulations may contain
different requirements for different types of household waste
and different types of household waste drop-off points, and
the regulations may modify the requirements set forth in
subsection (c) of this Section. The regulations may include,
but are not limited to, the following: (i) identification of
additional types of household waste that can be collected at
household waste drop-off points, (ii) identification of the
different types of household wastes that can be received at
different household waste drop-off points, (iii) the maximum
amounts of each type of household waste that can be stored at
household waste drop-off points at any one time, and (iv) the
maximum time periods each type of household waste can be
stored at household waste drop-off points.
(f) Prohibitions.
(1) Except as authorized in a permit issued by the
Agency, no person shall cause or allow the operation of a

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household waste drop-off point, other than a one-day
household waste collection event, one-day compostable
waste collection event, or permanent compostable waste
collection point, in violation of this Section or any
regulations adopted under this Section.
(2) No person shall cause or allow the operation of a
one-day household waste collection event in violation of
this Section or the Agency's approval issued under
subsection (d) of this Section, including all conditions
contained in the approval.
(3) No person shall cause or allow the operation of a
one-day compostable waste collection event in violation of
this Section or the approval issued for the one-day
compostable waste collection event under subsection (d-5)
of this Section, including all conditions contained in the
approval.
(4) No person shall cause or allow the operation of a
permanent compostable waste collection event in violation
of this Section or the approval issued for the permanent
compostable waste collection point under subsection (d-6)
of this Section, including all conditions contained in the
approval.
(g) Permit exemptions.
(1) No permit is required under subdivision (d)(1) of
Section 21 of this Act for the operation of a household
waste drop-off point, other than a one-day household waste

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collection event, one-day compostable waste collection
event, or permanent compostable waste collection point, if
the household waste drop-off point is operated in
accordance with this Section and all regulations adopted
under this Section.
(2) No permit is required under subdivision (d)(1) of
Section 21 of this Act for the operation of a one-day
household waste collection event if the event is operated
in accordance with this Section and the Agency's approval
issued under subsection (d) of this Section, including all
conditions contained in the approval, or for the operation
of a household waste collection event by the Agency.
(3) No permit is required under paragraph (1) of
subsection (d) of Section 21 of this Act for the operation
of a one-day compostable waste collection event if the
compostable waste collection event is operated in
accordance with this Section and the approval issued for
the compostable waste collection point under subsection
(d-5) of this Section, including all conditions contained
in the approval.
(4) No permit is required under paragraph (1) of
subsection (d) of Section 21 of this Act for the operation
of a permanent compostable waste collection point if the
collection point is operated in accordance with this
Section and the approval issued for the compostable waste
collection event under subsection (d-6) of this Section,

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including all conditions contained in the approval.
(h) This Section does not apply to the following:
(1) Persons accepting household waste that they are
authorized to accept under a permit issued by the Agency.
(2) Sites or facilities operated pursuant to an
intergovernmental agreement entered into with the Agency
under Section 22.16b(d) of this Act.
(i) (Blank).
(j) (Blank).
(k) If an entity chooses to participate as a household
waste drop-off point, then it must follow the provisions of
this Section and any rules the Agency may adopt governing
household waste drop-off points.
(l) (Blank).
(Source: P.A. 102-1055, eff. 6-10-22.)
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

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coordinator to administer the program; .
(3) shall be designed to recycle, by the end of the third
and fifth years of the program, respectively 15% and 25% of the
municipal waste generated in the county, subject to the
existence of a viable market for the recycled material, based
on measurements of recycling and waste generated in terms of
weight; the . The determination of recycling rate shall not
include: discarded motor vehicles, wastes used for clean fill
or erosion control, or commercial, institutional or industrial
machinery or equipment; .
(4) may provide for the construction and operation of one
or more recycling centers by a unit of local government, or for
contracting with other public or private entities for the
operation of recycling centers; .
(5) may require residents of the county to separate
recyclable materials at the time of disposal or trash pick-up;
.
(6) may make special provision for commercial and
institutional establishments that implement their own
specialized recycling programs, provided that such
establishments annually provide written documentation to the
county of the total number of tons of material recycled; .
(7) shall provide for separate collection and composting
of leaves; .
(8) shall include public education and notification
programs to foster understanding of and encourage compliance

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with the recycling program; .
(9) shall include provisions for compliance, including
incentives and penalties; .
(10) shall include provisions for (i) recycling the
collected materials, (ii) identifying potential markets for at
least 3 recyclable materials, and (iii) promoting the use of
products made from recovered or recycled materials among
businesses, newspapers and local governments in the county; .
(11) may provide for the payment of recycling diversion
credits to public and private parties engaged in recycling
activities; .
(12) may describe, and quantify to the extent possible,
residential and non-residential food waste collection
programs, including residential programs that allow food waste
collection service combined with landscape waste or
segregated;
(13) may require that residential or non-residential
sources separate food waste from municipal waste at the time
of disposal or trash pick-up; and
(14) may evaluate markets for finished compost, encourage
its use by units of local government, and quantify the volume
or weight used to the extent possible.
(Source: P.A. 86-777; 87-650.)
Section 15. The Illinois Solid Waste Management Act is
amended by changing Section 2.1 and by adding Sections 11, 12,

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and 13 as follows:
(415 ILCS 20/2.1) (from Ch. 111 1/2, par. 7052.1)
Sec. 2.1. Definitions. When used in this Act, unless the
context otherwise requires, the following terms have the
meanings ascribed to them in this Section:
"Agency" means the Environmental Protection Agency.
"Department", when a particular entity is not specified,
means (i) in the case of a function to be performed on or after
July 1, 1995 (the effective date of the Department of Natural
Resources Act) and until the effective date of this amendatory
Act of the 102nd General Assembly, the Department of Commerce
and Community Affairs (now Department of Commerce and Economic
Opportunity), as successor to the former Department of Energy
and Natural Resources under the Department of Natural
Resources Act; or (ii) in the case of a function required to be
performed before July 1, 1995, the former Illinois Department
of Energy and Natural Resources.
"Deinked stock" means paper that has been processed to
remove inks, clays, coatings, binders and other contaminants.
"End product" means only those items that are designed to
be used until disposal; items designed to be used in
production of a subsequent item are excluded.
"Food waste" has the meaning ascribed to that term in
Section 3.197 of the Environmental Protection Act.
"Food waste processing facility" has the meaning ascribed

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to that term in Section 3.198 of the Environmental Protection
Act.
"High grade printing and writing papers" includes offset
printing paper, duplicator paper, writing paper (stationery),
office paper, note pads, xerographic paper, envelopes, form
bond including computer paper and carbonless forms, book
papers, bond papers, ledger paper, book stock and cotton fiber
papers.
"Paper and paper products" means high grade printing and
writing papers, tissue products, newsprint, unbleached
packaging and recycled paperboard.
"Postconsumer material" means only those products
generated by a business or consumer which have served their
intended end uses, and which have been separated or diverted
from solid waste; wastes generated during production of an end
product are excluded.
"Recovered paper material" means paper waste generated
after the completion of the papermaking process, such as
postconsumer materials, envelope cuttings, bindery trimmings,
printing waste, cutting and other converting waste, butt
rolls, and mill wrappers, obsolete inventories, and rejected
unused stock. "Recovered paper material", however, does not
include fibrous waste generated during the manufacturing
process such as fibers recovered from waste water or trimmings
of paper machine rolls (mill broke), or fibrous byproducts of
harvesting, extraction or woodcutting processes, or forest

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residues such as bark.
"Recycled paperboard" includes recycled paperboard
products, folding cartons and pad backing.
"Recycling" means the process by which solid waste is
collected, separated and processed for reuse as either a raw
material or a product which itself is subject to recycling,
but does not include the combustion of waste for energy
recovery or volume reduction.
"Tissue products" includes toilet tissue, paper towels,
paper napkins, facial tissue, paper doilies, industrial
wipers, paper bags and brown papers.
"Unbleached packaging" includes corrugated and fiber
boxes.
"USEPA Guidelines for federal procurement" means all
minimum recycled content standards recommended by the U.S.
Environmental Protection Agency.
(Source: P.A. 102-444, eff. 8-20-21.)
(415 ILCS 20/11 new)
Sec. 11. Food and food waste management hierarchy;
diversion from landfill.
(a) Notwithstanding subsection (b) of Section 2, it is the
policy of the State for food and food waste collected under
this Section to be managed according to the following food and
food waste management hierarchy, which identifies the State's
priorities for the management of food and food waste in the

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State:
(1) The first priority is preventing or reducing the
amount of food and food waste that is discarded or
disposed of in the State.
(2) The second priority is collecting and diverting
food that is safe for human consumption for reuse and
redistribution.
(3) The third priority is collecting and diverting
food waste that is safe for consumption by animals, for
use in animal feed processes.
(4) The fourth priority is collecting and managing
food waste that is unable to be used in the first, second,
or third priority, through a food waste processing
facility, composting, or anaerobic digestion.
(b) A covered establishment, as defined in subsection (f),
that meets the applicable regulatory threshold as determined
in accordance with subsection (f) shall:
(1) separate the food and food waste from other solid
waste;
(2) manage the food and food waste in compliance with
State and local laws and rules applicable to its use in
accordance with subsection (a);
(3) either (i) arrange for transfer of the food and
food waste to a location that manages food and food waste
in compliance with State and local laws and rules
applicable to its use in accordance with subsection (a) or

10400SB2852sam002 - 42 - LRB104 17205 BDA 35823 a
(ii) manage the food and food waste on-site in compliance
with State and local laws and rules applicable to its use
in accordance with subsection (a);
(4) not directly dispose of more than an incidental
amount of food waste through the sewer system;
(5) post instructions for the separation of food and
food waste from other waste, and instructions for the
further separation of the food and food waste according to
its end use pursuant to subsection (a); the instructions
must be posted in an area where they are clearly visible to
employees and subcontractors managing food and food waste
generated on the property;
(6) provide, on at least an annual basis, training
opportunities for all employees and subcontractors
managing food and food waste generated on the property and
maintain proof of the training being conducted for as long
as the employee remains employed and the subcontractor
remains under contract; and
(7) submit a compliance report on an annual basis to
the county in which it is located by April 1 for the
previous calendar year that includes but is not limited
to: (i) the name of the business, its physical location,
and the phone number and email address of an appropriate
contact person; (ii) the amount in tons or cubic yards of
food or food waste that was managed by each applicable
part of the food waste management hierarchy; and (iii) the

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name and physical location of where the food or food waste
was taken for each applicable part of the food waste
management hierarchy.
(c) A covered establishment that violates any provision of
this Section shall be liable for a civil penalty of $10,000 per
violation. Any covered establishment that fails to pay a civil
penalty under this Section shall be liable for a civil penalty
of an additional $10,000 for failure to pay the civil penalty.
The penalties provided in this Section may be recovered in a
civil action brought in the name of the People of the State of
Illinois by the State's Attorney of the county in which the
violation occurred or by the Attorney General. Any penalties
collected under this Section in an action in which the
Attorney General has prevailed shall be deposited into the
Environmental Protection Trust Fund, to be used in accordance
with the provisions of the Environmental Protection Trust Fund
Act.
(d) 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

10400SB2852sam002 - 44 - LRB104 17205 BDA 35823 a
penalty, injunction, or other relief provided by any other
law.
(e) Any covered establishment that knowingly makes a
false, fictitious, or fraudulent material statement, orally or
in writing, 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 covered establishment who, after being
convicted under this subsection, violates this subsection a
second time or subsequent time commits a Class 3 felony.
(f) As used in this Section:
"Applicable regulatory threshold" means (i) beginning July
1, 2028, a covered establishment in a county with more than
240,000 residents, according to the most recent federal
decennial census, located at an establishment with floor area
of more than 40,000 square feet and within 20 miles of an
Agency-permitted composting facility or anaerobic digester
that accepts food waste, (ii) beginning July 1, 2029, a
covered establishment in a county with more than 240,000
residents, according to the most recent federal decennial
census, located at an establishment with floor area of more
than 20,000 square feet and within 20 miles of an
Agency-permitted composting facility or anaerobic digester
that accepts food waste, and (iii) beginning July 1, 2030, a
covered establishment in a county with more than 240,000
residents, according to the most recent federal decennial

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census, located at an establishment with floor area of more
than 9,000 square feet and within 20 miles of an
Agency-permitted composting facility or anaerobic digester
that accepts food waste.
"Board" means the Pollution Control Board established
under the Environmental Protection Act.
"Covered establishment" means a commercial or
institutional generator of food or food waste in the following
business classifications: restaurants, grocery stores, and
food wholesalers, distributors, and manufacturers.
(415 ILCS 20/12 new)
Sec. 12. Diverting food that is safe for human
consumption.
(a) Any food that does not meet requirements for food
safety, proper storage, food type, or any other specification
established by a person that collects and redistributes food
for human consumption may be refused by that person.
(b) Any person that collects and redistributes food for
human consumption may require that any entity donating food
enter into a written contract that includes, but is not
limited to, terms (i) addressing roles and responsibilities of
the parties, (ii) assigning responsibility for costs related
to food being donated that is not suitable for human
consumption, (iii) a right to refuse food that is offered for
human consumption, and (iv) compensation for accepting food

10400SB2852sam002 - 46 - LRB104 17205 BDA 35823 a
that is suitable for human consumption.
(c) Any person that donates food to a person that collects
and redistributes food for human consumption shall not be
compensated financially for donating the food.
(415 ILCS 20/13 new)
Sec. 13. Markets for compost and digestate. In order to
expand the end use of compost and digestate in the State, the
following requirements shall be met by State agencies and
units of local government:
(1) a county with more than 150,000 residents, as of
the most recent federal decennial census, and the
municipalities within that county, shall jointly, on a
population pro rata basis, purchase and use 0.025 cubic
yards per resident per year, beginning July 1, 2029, of
compost and digestate on county and municipal related
projects, on privately funded projects in the county, or
given away, if within 50 miles of a composting or
anaerobic digestion facility that has a supply adequate to
meet the requirements of this paragraph;
(2) the Department of Natural Resources shall purchase
and use 50,000 cubic yards in State fiscal year 2029,
100,000 cubic yards in State fiscal year 2030, 150,000
cubic yards in State fiscal year 2031, 200,000 cubic yards
in State fiscal year 2032, and 250,000 cubic yards in
State fiscal year 2033 and thereafter of compost and

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digestate on State-owned and leased farmland, if within 50
miles of a composting or anaerobic digestion facility that
has a supply adequate to meet the requirements of this
paragraph;
(3) the Department of Transportation shall purchase
and use 50,000 cubic yards in State fiscal year 2029,
100,000 cubic yards in State fiscal year 2030, 150,000
cubic yards in State fiscal year 2031, 200,000 cubic yards
in State fiscal year 2032, and 250,000 cubic yards in
State fiscal year 2033 and thereafter of compost and
digestate on State road building projects, if within 50
miles of a composting or anaerobic digestion facility that
has a supply adequate to meet the requirements of this
paragraph; and
(4) the Capital Development Board shall purchase and
use 10,000 cubic yards in State fiscal year 2029, 20,000
cubic yards in State fiscal year 2030, 30,000 cubic yards
in State fiscal year 2031, 40,000 cubic yards in State
fiscal year 2032, and 50,000 cubic yards in State fiscal
year 2033 and thereafter of compost and digestate on State
building projects, if within 50 miles of a composting or
anaerobic digestion facility that has a supply adequate to
meet the requirements of this paragraph.
Section 99. Effective date. This Act takes effect upon
becoming law.".