HB5592 103RD GENERAL ASSEMBLY

LRB103 39044 BDA 69181 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5592

Introduced 2/9/2024, 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".

A BILL FOR

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 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 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 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.

(10) designing and implementation of a plan to divert food residual and landscape waste from the landfill stream and provide for the collection, disposal, hauling, and processing of food residual and landscape waste in an accessible manner, which may include the transfer of food residual and landscape waste to a location that manages food residual and landscape waste or the management of food residual and landscape waste on-site; and

(11) designing and implementation of a plan to manage food residual and landscape waste streams to prioritize food consumption by humans, agricultural use, including consumption by animals, and composting.

(Source: P.A. 87-650.)