Bill Text: IL HB5592 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Local Solid Waste Disposal Act. Provides that the definition of "municipal waste" does not include food residual or landscape waste resulting from commercial activities beginning in 2027. Provides for units of local government to prepare solid waste management plans to include provisions for diverting food waste and landscape waste from the landfill stream, prioritizing food consumption by humans, agricultural use, consumption by animals, and composting. Defines "food residual".

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-17 - Added Co-Sponsor Rep. Lawrence "Larry" Walsh, Jr. [HB5592 Detail]

Download: Illinois-2023-HB5592-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5592 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:
415 ILCS 10/2 from Ch. 85, par. 5902
415 ILCS 10/3 from Ch. 85, par. 5903
Amends the Local Solid Waste Disposal Act. Provides that the definition of "municipal waste" does not include food residual or landscape waste resulting from commercial activities beginning in 2027. Provides for units of local government to prepare solid waste management plans to include provisions for diverting food waste and landscape waste from the landfill stream, prioritizing food consumption by humans, agricultural use, consumption by animals, and composting. Defines "food residual".
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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 Local Solid Waste Disposal Act is amended
by changing Sections 2 and 3 as follows:
(415 ILCS 10/2) (from Ch. 85, par. 5902)
Sec. 2. As used in this Act, unless the context clearly
indicates otherwise:
(1) "Solid waste" means "waste", as defined in the
Illinois Environmental Protection Act, but for the purposes of
this Act does not include "hazardous waste" as defined in that
Act.
(2) "Unit of local government" means a municipality,
county, or a Municipal Joint Action Agency created under
Section 3.2 of the Intergovernmental Cooperation Act or, if
the context requires, the member municipalities of such an
agency or their territory.
(3) "Pollution control facility" has the meaning ascribed
to the term in the Illinois Environmental Protection Act,
except that the term shall not include sewers and sewage
treatment facilities owned or operated by sanitary districts.
(4) "Jurisdiction" means: (1) in the case of a
municipality, the territory within the corporate limits of the

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municipality; (2) in the case of a county, the territory
within the corporate limits of the county which does not lie
within the corporate limits of any municipality which has
adopted and is implementing a plan under this Act either
independently or through a Municipal Joint Action Agency; and
(3) in the case of a Municipal Joint Action Agency, the
territory within the corporate limits of each member
municipality.
(5) "Qualified solid waste energy facility" means either
(i) a solid waste pollution control facility or a portion
thereof owned or operated by or for the benefit of a unit of
local government and developed under this Act, which meets the
requirements set forth in Section 3.1 of this Act, or (ii) a
facility which uses methane gas generated from landfills.
(6) "Municipal waste" means garbage, general household,
institutional and commercial waste, industrial lunchroom or
office waste, landscape waste, and construction and demolition
debris. Beginning on January 1, 2027, municipal waste does not
include food residuals or landscape waste resulting from
commercial activities.
(7) "Food residual" means source separated and
uncontaminated organic solid waste material that is derived
from the processing or discarding of food and that is
recyclable. "Food residual" may include preconsumer, or
pre-cooked, and postconsumer, or post-cooked, food scraps.
"Food residual" does not mean meat or meat-related products

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when the food residuals are composted by a resident on site.
(Source: P.A. 87-650; 88-681, eff. 12-22-94.)
(415 ILCS 10/3) (from Ch. 85, par. 5903)
Sec. 3. Units of local government may, on their own behalf
or pursuant to an intergovernmental agreement under Section 4,
prepare solid waste management plans for disposal of solid
waste generated within their jurisdictions. No such plans,
however, shall be implemented prior to July 1, 1986. Such
plans, if prepared, shall include provisions for, but need not
be limited to, the following:
(1) a description of the origin, content and weight or
volume of municipal waste currently generated within the
unit of local government's boundaries, and an estimate of
the origin, content, and weight or volume of municipal
waste that will be generated within the unit of local
government's boundaries during the next 20 years,
including an assessment of the primary variables affecting
this estimate and the extent to which they can reasonably
be expected to occur;
(2) a description of the facilities where municipal
waste is currently being processed or disposed of and the
remaining capacity of such facilities;
(3) a description of the facilities and programs that
are proposed for the management of municipal waste
generated within the unit of local government's boundaries

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during the next 20 years including, but not limited to,
their size, expected cost and financing method;
(4) an evaluation of the environmental, energy, life
cycle cost and economic advantages and disadvantages of
the proposed waste management facilities and financing
method;
(5) a description of the time schedule for the
development and operation of each proposed facility or
program;
(6) the identity of potential sites within the unit of
local government where each proposed waste processing,
disposal and recycling program will be located, or an
explanation of how the sites will be chosen. For any
facility outside the unit of local government that the
unit of local government proposes to utilize, the plan
shall explain the reasons for selecting that facility;
(7) if the plan concludes that waste stream control
measures are necessary to implement the plan, the
identification of those measures;
(8) identification of any governmental entity that
will be responsible for implementing the plan on behalf of
the unit of local government, and an explanation of the
legal basis for the entity's authority to do so; and
(9) adequate provision for the present and reasonably
anticipated future needs of the recycling and resource
recovery interests within the area.

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