103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3267
 
Introduced 2/6/2024, by Sen. Jil Tracy
 
SYNOPSIS AS INTRODUCED:

415 ILCS 5/21 from Ch. 111 1/2, par. 1021
 Amends the Environmental Protection Act. Provides that a person may, without violating the Act, conduct a landscape waste composting operation without a permit on a site having 10 or more occupied non-farm residence within one-half mile of its boundaries without the person who conducts the operation having to ensure that a fee is not charged for the acceptance of materials to be composted at the facility.


LRB103 38378 BDA 68513 b


 
 
A BILL FOR
 
SB3267LRB103 38378 BDA 68513 b


1 AN ACT concerning safety.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Environmental Protection Act is amended by 
5changing Section 21 as follows:

6 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
7 Sec. 21. Prohibited acts. No person shall:
8 (a) Cause or allow the open dumping of any waste.
9 (b) Abandon, dump, or deposit any waste upon the public 
10highways or other public property, except in a sanitary 
11landfill approved by the Agency pursuant to regulations 
12adopted by the Board.
13 (c) Abandon any vehicle in violation of the "Abandoned 
14Vehicles Amendment to the Illinois Vehicle Code", as enacted 
15by the 76th General Assembly.
16 (d) Conduct any waste-storage, waste-treatment, or 
17waste-disposal operation:
18  (1) without a permit granted by the Agency or in 
19 violation of any conditions imposed by such permit, 
20 including periodic reports and full access to adequate 
21 records and the inspection of facilities, as may be 
22 necessary to assure compliance with this Act and with 
23 regulations and standards adopted thereunder; provided, 
 
 
SB3267- 2 -LRB103 38378 BDA 68513 b


1 however, that, except for municipal solid waste landfill 
2 units that receive waste on or after October 9, 1993, and 
3 CCR surface impoundments, no permit shall be required for 
4 (i) any person conducting a waste-storage, 
5 waste-treatment, or waste-disposal operation for wastes 
6 generated by such person's own activities which are 
7 stored, treated, or disposed within the site where such 
8 wastes are generated, (ii) until one year after the 
9 effective date of rules adopted by the Board under 
10 subsection (n) of Section 22.38, a facility located in a 
11 county with a population over 700,000 as of January 1, 
12 2000, operated and located in accordance with Section 
13 22.38 of this Act, and used exclusively for the transfer, 
14 storage, or treatment of general construction or 
15 demolition debris, provided that the facility was 
16 receiving construction or demolition debris on August 24, 
17 2009 (the effective date of Public Act 96-611), or (iii) 
18 any person conducting a waste transfer, storage, 
19 treatment, or disposal operation, including, but not 
20 limited to, a waste transfer or waste composting 
21 operation, under a mass animal mortality event plan 
22 created by the Department of Agriculture;
23  (2) in violation of any regulations or standards 
24 adopted by the Board under this Act;
25  (3) which receives waste after August 31, 1988, does 
26 not have a permit issued by the Agency, and is (i) a 
 
 
SB3267- 3 -LRB103 38378 BDA 68513 b


1 landfill used exclusively for the disposal of waste 
2 generated at the site, (ii) a surface impoundment 
3 receiving special waste not listed in an NPDES permit, 
4 (iii) a waste pile in which the total volume of waste is 
5 greater than 100 cubic yards or the waste is stored for 
6 over one year, or (iv) a land treatment facility receiving 
7 special waste generated at the site; without giving notice 
8 of the operation to the Agency by January 1, 1989, or 30 
9 days after the date on which the operation commences, 
10 whichever is later, and every 3 years thereafter. The form 
11 for such notification shall be specified by the Agency, 
12 and shall be limited to information regarding: the name 
13 and address of the location of the operation; the type of 
14 operation; the types and amounts of waste stored, treated 
15 or disposed of on an annual basis; the remaining capacity 
16 of the operation; and the remaining expected life of the 
17 operation.
18 Item (3) of this subsection (d) shall not apply to any 
19person engaged in agricultural activity who is disposing of a 
20substance that constitutes solid waste, if the substance was 
21acquired for use by that person on his own property, and the 
22substance is disposed of on his own property in accordance 
23with regulations or standards adopted by the Board.
24 This subsection (d) shall not apply to hazardous waste.
25 (e) Dispose, treat, store or abandon any waste, or 
26transport any waste into this State for disposal, treatment, 
 
 
SB3267- 4 -LRB103 38378 BDA 68513 b


1storage or abandonment, except at a site or facility which 
2meets the requirements of this Act and of regulations and 
3standards thereunder.
4 (f) Conduct any hazardous waste-storage, hazardous 
5waste-treatment or hazardous waste-disposal operation:
6  (1) without a RCRA permit for the site issued by the 
7 Agency under subsection (d) of Section 39 of this Act, or 
8 in violation of any condition imposed by such permit, 
9 including periodic reports and full access to adequate 
10 records and the inspection of facilities, as may be 
11 necessary to assure compliance with this Act and with 
12 regulations and standards adopted thereunder; or
13  (2) in violation of any regulations or standards 
14 adopted by the Board under this Act; or
15  (3) in violation of any RCRA permit filing requirement 
16 established under standards adopted by the Board under 
17 this Act; or
18  (4) in violation of any order adopted by the Board 
19 under this Act.
20 Notwithstanding the above, no RCRA permit shall be 
21required under this subsection or subsection (d) of Section 39 
22of this Act for any person engaged in agricultural activity 
23who is disposing of a substance which has been identified as a 
24hazardous waste, and which has been designated by Board 
25regulations as being subject to this exception, if the 
26substance was acquired for use by that person on his own 
 
 
SB3267- 5 -LRB103 38378 BDA 68513 b


1property and the substance is disposed of on his own property 
2in accordance with regulations or standards adopted by the 
3Board.
4 (g) Conduct any hazardous waste-transportation operation:
5  (1) without registering with and obtaining a special 
6 waste hauling permit from the Agency in accordance with 
7 the regulations adopted by the Board under this Act; or
8  (2) in violation of any regulations or standards 
9 adopted by the Board under this Act.
10 (h) Conduct any hazardous waste-recycling or hazardous 
11waste-reclamation or hazardous waste-reuse operation in 
12violation of any regulations, standards or permit requirements 
13adopted by the Board under this Act.
14 (i) Conduct any process or engage in any act which 
15produces hazardous waste in violation of any regulations or 
16standards adopted by the Board under subsections (a) and (c) 
17of Section 22.4 of this Act.
18 (j) Conduct any special waste-transportation operation in 
19violation of any regulations, standards or permit requirements 
20adopted by the Board under this Act. However, sludge from a 
21water or sewage treatment plant owned and operated by a unit of 
22local government which (1) is subject to a sludge management 
23plan approved by the Agency or a permit granted by the Agency, 
24and (2) has been tested and determined not to be a hazardous 
25waste as required by applicable State and federal laws and 
26regulations, may be transported in this State without a 
 
 
SB3267- 6 -LRB103 38378 BDA 68513 b


1special waste hauling permit, and the preparation and carrying 
2of a manifest shall not be required for such sludge under the 
3rules of the Pollution Control Board. The unit of local 
4government which operates the treatment plant producing such 
5sludge shall file an annual report with the Agency identifying 
6the volume of such sludge transported during the reporting 
7period, the hauler of the sludge, and the disposal sites to 
8which it was transported. This subsection (j) shall not apply 
9to hazardous waste.
10 (k) Fail or refuse to pay any fee imposed under this Act.
11 (l) Locate a hazardous waste disposal site above an active 
12or inactive shaft or tunneled mine or within 2 miles of an 
13active fault in the earth's crust. In counties of population 
14less than 225,000 no hazardous waste disposal site shall be 
15located (1) within 1 1/2 miles of the corporate limits as 
16defined on June 30, 1978, of any municipality without the 
17approval of the governing body of the municipality in an 
18official action; or (2) within 1000 feet of an existing 
19private well or the existing source of a public water supply 
20measured from the boundary of the actual active permitted site 
21and excluding existing private wells on the property of the 
22permit applicant. The provisions of this subsection do not 
23apply to publicly owned sewage works or the disposal or 
24utilization of sludge from publicly owned sewage works.
25 (m) Transfer interest in any land which has been used as a 
26hazardous waste disposal site without written notification to 
 
 
SB3267- 7 -LRB103 38378 BDA 68513 b


1the Agency of the transfer and to the transferee of the 
2conditions imposed by the Agency upon its use under subsection 
3(g) of Section 39.
4 (n) Use any land which has been used as a hazardous waste 
5disposal site except in compliance with conditions imposed by 
6the Agency under subsection (g) of Section 39.
7 (o) Conduct a sanitary landfill operation which is 
8required to have a permit under subsection (d) of this 
9Section, in a manner which results in any of the following 
10conditions:
11  (1) refuse in standing or flowing waters;
12  (2) leachate flows entering waters of the State;
13  (3) leachate flows exiting the landfill confines (as 
14 determined by the boundaries established for the landfill 
15 by a permit issued by the Agency);
16  (4) open burning of refuse in violation of Section 9 
17 of this Act;
18  (5) uncovered refuse remaining from any previous 
19 operating day or at the conclusion of any operating day, 
20 unless authorized by permit;
21  (6) failure to provide final cover within time limits 
22 established by Board regulations;
23  (7) acceptance of wastes without necessary permits;
24  (8) scavenging as defined by Board regulations;
25  (9) deposition of refuse in any unpermitted portion of 
26 the landfill;
 
 
SB3267- 8 -LRB103 38378 BDA 68513 b


1  (10) acceptance of a special waste without a required 
2 manifest;
3  (11) failure to submit reports required by permits or 
4 Board regulations;
5  (12) failure to collect and contain litter from the 
6 site by the end of each operating day;
7  (13) failure to submit any cost estimate for the site 
8 or any performance bond or other security for the site as 
9 required by this Act or Board rules.
10 The prohibitions specified in this subsection (o) shall be 
11enforceable by the Agency either by administrative citation 
12under Section 31.1 of this Act or as otherwise provided by this 
13Act. The specific prohibitions in this subsection do not limit 
14the power of the Board to establish regulations or standards 
15applicable to sanitary landfills.
16 (p) In violation of subdivision (a) of this Section, cause 
17or allow the open dumping of any waste in a manner which 
18results in any of the following occurrences at the dump site:
19  (1) litter;
20  (2) scavenging;
21  (3) open burning;
22  (4) deposition of waste in standing or flowing waters;
23  (5) proliferation of disease vectors;
24  (6) standing or flowing liquid discharge from the dump 
25 site;
26  (7) deposition of:
 
 
SB3267- 9 -LRB103 38378 BDA 68513 b


1   (i) general construction or demolition debris as 
2 defined in Section 3.160(a) of this Act; or
3   (ii) clean construction or demolition debris as 
4 defined in Section 3.160(b) of this Act.
5 The prohibitions specified in this subsection (p) shall be 
6enforceable by the Agency either by administrative citation 
7under Section 31.1 of this Act or as otherwise provided by this 
8Act. The specific prohibitions in this subsection do not limit 
9the power of the Board to establish regulations or standards 
10applicable to open dumping.
11 (q) Conduct a landscape waste composting operation without 
12an Agency permit, provided, however, that no permit shall be 
13required for any person:
14  (1) conducting a landscape waste composting operation 
15 for landscape wastes generated by such person's own 
16 activities which are stored, treated, or disposed of 
17 within the site where such wastes are generated; or
18  (1.5) conducting a landscape waste composting 
19 operation that (i) has no more than 25 cubic yards of 
20 landscape waste, composting additives, composting 
21 material, or end-product compost on-site at any one time 
22 and (ii) is not engaging in commercial activity; or 
23  (2) applying landscape waste or composted landscape 
24 waste at agronomic rates; or
25  (2.5) operating a landscape waste composting facility 
26 at a site having 10 or more occupied non-farm residences 
 
 
SB3267- 10 -LRB103 38378 BDA 68513 b


1 within 1/2 mile of its boundaries, if the facility meets 
2 all of the following criteria: 
3   (A) the composting facility is operated by the 
4 farmer on property on which the composting material is 
5 utilized, and the composting facility constitutes no 
6 more than 2% of the site's total acreage;
7   (A-5) any composting additives that the composting 
8 facility accepts and uses at the facility are 
9 necessary to provide proper conditions for composting 
10 and do not exceed 10% of the total composting material 
11 at the facility at any one time; 
12   (B) the property on which the composting facility 
13 is located, and any associated property on which the 
14 compost is used, is principally and diligently devoted 
15 to the production of agricultural crops and is not 
16 owned, leased, or otherwise controlled by any waste 
17 hauler or generator of nonagricultural compost 
18 materials, and the operator of the composting facility 
19 is not an employee, partner, shareholder, or in any 
20 way connected with or controlled by any such waste 
21 hauler or generator; 
22   (C) all compost generated by the composting 
23 facility, except incidental sales of finished compost, 
24 is applied at agronomic rates and used as mulch, 
25 fertilizer, or soil conditioner on land actually 
26 farmed by the person operating the composting 
 
 
SB3267- 11 -LRB103 38378 BDA 68513 b


1 facility, and the finished compost is not stored at 
2 the composting site for a period longer than 18 months 
3 prior to its application as mulch, fertilizer, or soil 
4 conditioner; 
5   (D) (blank); and no fee is charged for the 
6 acceptance of materials to be composted at the 
7 facility; and 
8   (E) the owner or operator, by January 1, 2014 (or 
9 the January 1 following commencement of operation, 
10 whichever is later) and January 1 of each year 
11 thereafter, registers the site with the Agency, (ii) 
12 reports to the Agency on the volume of composting 
13 material received and used at the site; (iii) 
14 certifies to the Agency that the site complies with 
15 the requirements set forth in subparagraphs (A), 
16 (A-5), (B), (C), and (D) of this paragraph (2.5); and 
17 (iv) certifies to the Agency that all composting 
18 material was placed more than 200 feet from the 
19 nearest potable water supply well, was placed outside 
20 the boundary of the 10-year floodplain or on a part of 
21 the site that is floodproofed, was placed at least 1/4 
22 mile from the nearest residence (other than a 
23 residence located on the same property as the 
24 facility) or a lesser distance from the nearest 
25 residence (other than a residence located on the same 
26 property as the facility) if the municipality in which 
 
 
SB3267- 12 -LRB103 38378 BDA 68513 b


1 the facility is located has by ordinance approved a 
2 lesser distance than 1/4 mile, and was placed more 
3 than 5 feet above the water table; any ordinance 
4 approving a residential setback of less than 1/4 mile 
5 that is used to meet the requirements of this 
6 subparagraph (E) of paragraph (2.5) of this subsection 
7 must specifically reference this paragraph; or 
8  (3) operating a landscape waste composting facility on 
9 a farm, if the facility meets all of the following 
10 criteria:
11   (A) the composting facility is operated by the 
12 farmer on property on which the composting material is 
13 utilized, and the composting facility constitutes no 
14 more than 2% of the property's total acreage, except 
15 that the Board may allow a higher percentage for 
16 individual sites where the owner or operator has 
17 demonstrated to the Board that the site's soil 
18 characteristics or crop needs require a higher rate;
19   (A-1) the composting facility accepts from other 
20 agricultural operations for composting with landscape 
21 waste no materials other than uncontaminated and 
22 source-separated (i) crop residue and other 
23 agricultural plant residue generated from the 
24 production and harvesting of crops and other customary 
25 farm practices, including, but not limited to, stalks, 
26 leaves, seed pods, husks, bagasse, and roots and (ii) 
 
 
SB3267- 13 -LRB103 38378 BDA 68513 b


1 plant-derived animal bedding, such as straw or 
2 sawdust, that is free of manure and was not made from 
3 painted or treated wood; 
4   (A-2) any composting additives that the composting 
5 facility accepts and uses at the facility are 
6 necessary to provide proper conditions for composting 
7 and do not exceed 10% of the total composting material 
8 at the facility at any one time; 
9   (B) the property on which the composting facility 
10 is located, and any associated property on which the 
11 compost is used, is principally and diligently devoted 
12 to the production of agricultural crops and is not 
13 owned, leased or otherwise controlled by any waste 
14 hauler or generator of nonagricultural compost 
15 materials, and the operator of the composting facility 
16 is not an employee, partner, shareholder, or in any 
17 way connected with or controlled by any such waste 
18 hauler or generator;
19   (C) all compost generated by the composting 
20 facility, except incidental sales of finished compost, 
21 is applied at agronomic rates and used as mulch, 
22 fertilizer or soil conditioner on land actually farmed 
23 by the person operating the composting facility, and 
24 the finished compost is not stored at the composting 
25 site for a period longer than 18 months prior to its 
26 application as mulch, fertilizer, or soil conditioner;
 
 
SB3267- 14 -LRB103 38378 BDA 68513 b


1   (D) the owner or operator, by January 1 of each 
2 year, (i) registers the site with the Agency, (ii) 
3 reports to the Agency on the volume of composting 
4 material received and used at the site and the volume 
5 of material comprising the incidental sale of finished 
6 compost under this subsection (q), (iii) certifies to 
7 the Agency that the site complies with the 
8 requirements set forth in subparagraphs (A), (A-1), 
9 (A-2), (B), and (C) of this paragraph (q)(3), and (iv) 
10 certifies to the Agency that all composting material: 
11    (I) was placed more than 200 feet from the 
12 nearest potable water supply well;
13    (II) was placed outside the boundary of the 
14 10-year floodplain or on a part of the site that is 
15 floodproofed;
16    (III) was placed either (aa) at least 1/4 mile 
17 from the nearest residence (other than a residence 
18 located on the same property as the facility) and 
19 there are not more than 10 occupied non-farm 
20 residences within 1/2 mile of the boundaries of 
21 the site on the date of application or (bb) a 
22 lesser distance from the nearest residence (other 
23 than a residence located on the same property as 
24 the facility) provided that the municipality or 
25 county in which the facility is located has by 
26 ordinance approved a lesser distance than 1/4 mile 
 
 
SB3267- 15 -LRB103 38378 BDA 68513 b


1 and there are not more than 10 occupied non-farm 
2 residences within 1/2 mile of the boundaries of 
3 the site on the date of application; and
4    (IV) was placed more than 5 feet above the 
5 water table. 
6   Any ordinance approving a residential setback of 
7 less than 1/4 mile that is used to meet the 
8 requirements of this subparagraph (D) must 
9 specifically reference this subparagraph.
10 For the purposes of this subsection (q), "agronomic rates" 
11means the application of not more than 20 tons per acre per 
12year, except that the Board may allow a higher rate for 
13individual sites where the owner or operator has demonstrated 
14to the Board that the site's soil characteristics or crop 
15needs require a higher rate.
16 For the purposes of this subsection (q), "incidental sale 
17of finished compost" means the sale of finished compost that 
18meets general use compost standards and is no more than 20% or 
19300 cubic yards, whichever is less, of the total compost 
20created annually by a private landowner for the landowner's 
21own use. 
22 (r) Cause or allow the storage or disposal of coal 
23combustion waste unless:
24  (1) such waste is stored or disposed of at a site or 
25 facility for which a permit has been obtained or is not 
26 otherwise required under subsection (d) of this Section; 
 
 
SB3267- 16 -LRB103 38378 BDA 68513 b


1 or
2  (2) such waste is stored or disposed of as a part of 
3 the design and reclamation of a site or facility which is 
4 an abandoned mine site in accordance with the Abandoned 
5 Mined Lands and Water Reclamation Act; or
6  (3) such waste is stored or disposed of at a site or 
7 facility which is operating under NPDES and Subtitle D 
8 permits issued by the Agency pursuant to regulations 
9 adopted by the Board for mine-related water pollution and 
10 permits issued pursuant to the federal Surface Mining 
11 Control and Reclamation Act of 1977 (P.L. 95-87) or the 
12 rules and regulations thereunder or any law or rule or 
13 regulation adopted by the State of Illinois pursuant 
14 thereto, and the owner or operator of the facility agrees 
15 to accept the waste; and either:
16   (i) such waste is stored or disposed of in 
17 accordance with requirements applicable to refuse 
18 disposal under regulations adopted by the Board for 
19 mine-related water pollution and pursuant to NPDES and 
20 Subtitle D permits issued by the Agency under such 
21 regulations; or
22   (ii) the owner or operator of the facility 
23 demonstrates all of the following to the Agency, and 
24 the facility is operated in accordance with the 
25 demonstration as approved by the Agency: (1) the 
26 disposal area will be covered in a manner that will 
 
 
SB3267- 17 -LRB103 38378 BDA 68513 b


1 support continuous vegetation, (2) the facility will 
2 be adequately protected from wind and water erosion, 
3 (3) the pH will be maintained so as to prevent 
4 excessive leaching of metal ions, and (4) adequate 
5 containment or other measures will be provided to 
6 protect surface water and groundwater from 
7 contamination at levels prohibited by this Act, the 
8 Illinois Groundwater Protection Act, or regulations 
9 adopted pursuant thereto.
10 Notwithstanding any other provision of this Title, the 
11disposal of coal combustion waste pursuant to item (2) or (3) 
12of this subdivision (r) shall be exempt from the other 
13provisions of this Title V, and notwithstanding the provisions 
14of Title X of this Act, the Agency is authorized to grant 
15experimental permits which include provision for the disposal 
16of wastes from the combustion of coal and other materials 
17pursuant to items (2) and (3) of this subdivision (r).
18 (s) After April 1, 1989, offer for transportation, 
19transport, deliver, receive or accept special waste for which 
20a manifest is required, unless the manifest indicates that the 
21fee required under Section 22.8 of this Act has been paid.
22 (t) Cause or allow a lateral expansion of a municipal 
23solid waste landfill unit on or after October 9, 1993, without 
24a permit modification, granted by the Agency, that authorizes 
25the lateral expansion.
26 (u) Conduct any vegetable by-product treatment, storage, 
 
 
SB3267- 18 -LRB103 38378 BDA 68513 b


1disposal or transportation operation in violation of any 
2regulation, standards or permit requirements adopted by the 
3Board under this Act. However, no permit shall be required 
4under this Title V for the land application of vegetable 
5by-products conducted pursuant to Agency permit issued under 
6Title III of this Act to the generator of the vegetable 
7by-products. In addition, vegetable by-products may be 
8transported in this State without a special waste hauling 
9permit, and without the preparation and carrying of a 
10manifest.
11 (v) (Blank).
12 (w) Conduct any generation, transportation, or recycling 
13of construction or demolition debris, clean or general, or 
14uncontaminated soil generated during construction, remodeling, 
15repair, and demolition of utilities, structures, and roads 
16that is not commingled with any waste, without the maintenance 
17of documentation identifying the hauler, generator, place of 
18origin of the debris or soil, the weight or volume of the 
19debris or soil, and the location, owner, and operator of the 
20facility where the debris or soil was transferred, disposed, 
21recycled, or treated. This documentation must be maintained by 
22the generator, transporter, or recycler for 3 years. This 
23subsection (w) shall not apply to (1) a permitted pollution 
24control facility that transfers or accepts construction or 
25demolition debris, clean or general, or uncontaminated soil 
26for final disposal, recycling, or treatment, (2) a public 
 
 
SB3267- 19 -LRB103 38378 BDA 68513 b


1utility (as that term is defined in the Public Utilities Act) 
2or a municipal utility, (3) the Illinois Department of 
3Transportation, or (4) a municipality or a county highway 
4department, with the exception of any municipality or county 
5highway department located within a county having a population 
6of over 3,000,000 inhabitants or located in a county that is 
7contiguous to a county having a population of over 3,000,000 
8inhabitants; but it shall apply to an entity that contracts 
9with a public utility, a municipal utility, the Illinois 
10Department of Transportation, or a municipality or a county 
11highway department. The terms "generation" and "recycling", as 
12used in this subsection, do not apply to clean construction or 
13demolition debris when (i) used as fill material below grade 
14outside of a setback zone if covered by sufficient 
15uncontaminated soil to support vegetation within 30 days of 
16the completion of filling or if covered by a road or structure, 
17(ii) solely broken concrete without protruding metal bars is 
18used for erosion control, or (iii) milled asphalt or crushed 
19concrete is used as aggregate in construction of the shoulder 
20of a roadway. The terms "generation" and "recycling", as used 
21in this subsection, do not apply to uncontaminated soil that 
22is not commingled with any waste when (i) used as fill material 
23below grade or contoured to grade, or (ii) used at the site of 
24generation.
25(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21; 
26102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff. 
 
 
SB3267- 20 -LRB103 38378 BDA 68513 b