Bill Text: IL HB3277 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Environmental Protection Act. Provides that incidental sales of finished compost do not need to be applied to agronomic rates in determining whether a person needs a permit to conduct a landscape waste composting operation at specified sites. Removes a provision requiring that no fee is charged for the acceptance of materials to be composted in order for a site having 10 or more occupied non-farm residences within 1/2 mile of its boundaries to be excepted from permit requirements.

Spectrum: Slight Partisan Bill (Republican 11-4)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0342 [HB3277 Detail]

Download: Illinois-2023-HB3277-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3277 Introduced , by Rep. Randy E. Frese SYNOPSIS AS INTRODUCED:
415 ILCS 5/21 from Ch. 111 1/2, par. 1021
Amends the Environmental Protection Act. Provides that incidental sales of finished compost does need not to be applied to agronomic rates in determining whether a person needs a permit to conduct a landscape waste composting operation at specified sites. Removes a provision requiring that no fee is charged for the acceptance of materials to be composted in order for a site having 10 or more occupied non-farm residences within 1/2 mile of its boundaries to be excepted from permit requirements.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Section 21 as follows:
(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,

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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
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

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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
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,

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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,
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

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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
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

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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
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

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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
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;

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(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
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:

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(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
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

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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
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

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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) (blank); and 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,
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 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

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the facility is located has by ordinance approved a
lesser distance than 1/4 mile, and was placed more
than 5 feet above the water table; any ordinance
approving a residential setback of less than 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
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)

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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;
(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;

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(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, (iii)
certifies to the Agency that the site complies with
the requirements set forth in subparagraphs (A),
(A-1), (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 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 1/4 mile
and there are not more than 10 occupied non-farm

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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 1/4 mile that is used to meet 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.
(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

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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

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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

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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

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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.
(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
102-310, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff.
5-13-22.)