HB 3294 — EPA-ORGANIC WASTE COMPOSTING

*LRB10410727BDA20806b* HB3294 104THEngrossed GENERALLRB104 ASSEMBLY10727 StateBDA of20806 Illinoisb andAN 2026ACT HB3294concerning Introducedsafety. 2/18/2025, by Rep.

Hoan Huynh SYNOPSIS AS INTRODUCED:

ILCS 5/3.309 new ILCS 5/21 from Ch.

111 1/2, par.

1021 ILCS 5/22.34 Amends the Environmental Protection Act.

Defines "organic waste".

Provides that no person shall conduct an organic waste composting operation, other than a landscape waste composting operation, without an Agency permit.

Exempts from this permitting requirement:

(1) persons conducting an organic waste composting operation that (i) has no more than cubic yards of source-separated organic waste, composting additives, composting material, or end-product compost on-site at any one time and (ii) is not engaging in commercial activity and (2) persons conducting an organic waste composting operation that meets certain siting and operational requirements.

LRB104 10727 BDA 20806 b A BILL FOR HB3294 LRB104 10727 BDA 20806 b AN ACT concerning safety.

(c) Abandon any vehicle in violation of the "Abandoned Vehicles Amendment to the Illinois Vehicle Code", as enacted HB3294 Engrossed - 2 - LRB104 10727 BDA 20806 b by the 76th General Assembly.

provided, however, that, except for municipal solid waste landfill units that receive waste on or after October 9, 1993, and CCR surface impoundments, no permit shall be required for (i) any person conducting a waste-storage, waste-treatment, or waste-disposal operation for wastes generated by such person's own activities which are stored, treated, or disposed within the site where such wastes are generated, (ii) until one year after the 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) HB3294 Engrossed - 3 - LRB104 10727 BDA 20806 b 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;

HB3294 Engrossed - 4 - LRB104 10727 BDA 20806 b 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.

or HB3294 Engrossed - 5 - LRB104 10727 BDA 20806 b (4) in violation of any order adopted by the Board under this Act.

HB3294 Engrossed - 6 - LRB104 10727 BDA 20806 b (j) Conduct any special waste-transportation operation in violation of any regulations, standards or permit requirements adopted by the Board under this Act.

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 HB3294 Engrossed - 7 - LRB104 10727 BDA 20806 b official action;

HB3294 Engrossed - 8 - LRB104 10727 BDA 20806 b (5) uncovered refuse remaining from any previous operating day or at the conclusion of any operating day, unless authorized by permit;

(p) In violation of subdivision (a) of this Section, cause or allow the open dumping of any waste in a manner which HB3294 Engrossed - 9 - LRB104 10727 BDA 20806 b results in any of the following occurrences at the dump site:

or HB3294 Engrossed - 10 - LRB104 10727 BDA 20806 b (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;

(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 HB3294 Engrossed - 11 - LRB104 10727 BDA 20806 b 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;

and (iv) certifies to the Agency that all composting material was placed more than 200 feet from the HB3294 Engrossed - 12 - LRB104 10727 BDA 20806 b 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 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;

HB3294 Engrossed - 13 - LRB104 10727 BDA 20806 b (A-1) the composting facility accepts from other agricultural operations for composting with landscape waste no materials other than uncontaminated and source-separated (i) crop residue and other agricultural plant residue generated from the production and harvesting of crops and other customary farm practices, including, but not limited to, stalks, leaves, seed pods, husks, bagasse, and roots and (ii) plant-derived animal bedding, such as straw or sawdust, that is free of manure and was not made from painted or treated wood;

HB3294 Engrossed - 14 - LRB104 10727 BDA 20806 b (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;

(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 HB3294 Engrossed - 15 - LRB104 10727 BDA 20806 b 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 residences within 1/2 mile of the boundaries of the site on the date of application;

For the purposes of this subsection (q), "incidental sale of finished compost" means the sale of finished compost that meets general use compost standards and is no more than 20% or HB3294 Engrossed - 16 - LRB104 10727 BDA 20806 b 300 cubic yards, whichever is less, of the total compost created annually by a private landowner for the landowner's own use.

(i) such waste is stored or disposed of in accordance with requirements applicable to refuse disposal under regulations adopted by the Board for HB3294 Engrossed - 17 - LRB104 10727 BDA 20806 b mine-related water pollution and pursuant to NPDES and Subtitle D permits issued by the Agency under such regulations;

(s) After April 1, 1989, offer for transportation, HB3294 Engrossed - 18 - LRB104 10727 BDA 20806 b 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.

(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 HB3294 Engrossed - 19 - LRB104 10727 BDA 20806 b debris or soil, and the location, owner, and operator of the facility where the debris or soil was transferred, disposed, recycled, or treated.

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 HB3294 Engrossed - 20 - LRB104 10727 BDA 20806 b concrete is used as aggregate in construction of the shoulder of a roadway.

(1) conducting an organic waste composting operation that (i) has no more than 25 cubic yards of source-separated organic waste, composting additives, composting material, or end-product compost on-site at any HB3294 Engrossed - 21 - LRB104 10727 BDA 20806 b one time and (ii) is not engaging in commercial activity;

HB3294 Engrossed - 22 - LRB104 10727 BDA 20806 b (G) Dust, odors, and noise from the composting operation are prevented from migrating off-site.

HB3294 Engrossed - 23 - LRB104 10727 BDA 20806 b The Agency, in cooperation with the Department, shall appoint a Technical Advisory Committee for the purpose of developing these recommendations.

(b) No later than one year after the Agency makes HB3294 Engrossed - 24 - LRB104 10727 BDA 20806 b recommendations to the Board under subsection (a) of this Section, the Board shall adopt, as applicable:

Code HB3294 Engrossed - 25 - LRB104 10727 BDA 20806 b 807.