Illinois General Assembly - Full Text of HB5373
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Full Text of HB5373  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/31/2022, by Rep. Daniel Didech


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 units of local government may prepare solid waste management plans for disposal of solid waste generated within their jurisdictions that shall include provisions for, among other things: (1) designing and implementation of a plan to divert food residual from the landfill stream and provide for the collection, disposal, hauling, and processing of food residual in an accessible manner; and (2) designing and implementation of a plan to manage food residual waste streams to prioritize food consumption by humans, agricultural use, and composting. Defines "food residual".

LRB102 21341 CPF 30453 b





HB5373LRB102 21341 CPF 30453 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 Local Solid Waste Disposal Act is amended
5by changing Sections 2 and 3 as follows:
6    (415 ILCS 10/2)  (from Ch. 85, par. 5902)
7    Sec. 2. As used in this Act, unless the context clearly
8indicates otherwise:
9    (1) "Solid waste" means "waste", as defined in the
10Illinois Environmental Protection Act, but for the purposes of
11this Act does not include "hazardous waste" as defined in that
13    (2) "Unit of local government" means a municipality,
14county, or a Municipal Joint Action Agency created under
15Section 3.2 of the Intergovernmental Cooperation Act or, if
16the context requires, the member municipalities of such an
17agency or their territory.
18    (3) "Pollution control facility" has the meaning ascribed
19to the term in the Illinois Environmental Protection Act,
20except that the term shall not include sewers and sewage
21treatment facilities owned or operated by sanitary districts.
22    (4) "Jurisdiction" means: (1) in the case of a
23municipality, the territory within the corporate limits of the



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1municipality; (2) in the case of a county, the territory
2within the corporate limits of the county which does not lie
3within the corporate limits of any municipality which has
4adopted and is implementing a plan under this Act either
5independently or through a Municipal Joint Action Agency; and
6(3) in the case of a Municipal Joint Action Agency, the
7territory within the corporate limits of each member
9    (5) "Qualified solid waste energy facility" means either
10(i) a solid waste pollution control facility or a portion
11thereof owned or operated by or for the benefit of a unit of
12local government and developed under this Act, which meets the
13requirements set forth in Section 3.1 of this Act, or (ii) a
14facility which uses methane gas generated from landfills.
15    (6) "Municipal waste" means garbage, general household,
16institutional and commercial waste, industrial lunchroom or
17office waste, landscape waste, and construction and demolition
19    (7) "Food residual" means source separated and
20uncontaminated organic solid waste material that is derived
21from the processing or discarding of food and that is
22recyclable. "Food residual" may include preconsumer, or
23pre-cooked, and postconsumer, or post-cooked, food scraps.
24"Food residual" does not mean meat or meat-related products
25when the food residuals are composted by a resident on site.
26    (8) "Source separated" means the separation of compostable



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1and recyclable materials from noncompostable, nonrecyclable
2materials at the point of generation.
3(Source: P.A. 87-650; 88-681, eff. 12-22-94.)
4    (415 ILCS 10/3)  (from Ch. 85, par. 5903)
5    Sec. 3. Units of local government may, on their own behalf
6or pursuant to an intergovernmental agreement under Section 4,
7prepare solid waste management plans for disposal of solid
8waste generated within their jurisdictions. No such plans,
9however, shall be implemented prior to July 1, 1986. Such
10plans, if prepared, shall include provisions for, but need not
11be limited to, the following:
12        (1) a description of the origin, content and weight or
13    volume of municipal waste currently generated within the
14    unit of local government's boundaries, and an estimate of
15    the origin, content, and weight or volume of municipal
16    waste that will be generated within the unit of local
17    government's boundaries during the next 20 years,
18    including an assessment of the primary variables affecting
19    this estimate and the extent to which they can reasonably
20    be expected to occur;
21        (2) a description of the facilities where municipal
22    waste is currently being processed or disposed of and the
23    remaining capacity of such facilities;
24        (3) a description of the facilities and programs that
25    are proposed for the management of municipal waste



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



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1    recovery interests within the area; .
2        (10) designing and implementation of a plan to divert
3    food residual from the landfill stream and provide for the
4    collection, disposal, hauling, and processing of food
5    residual in an accessible manner, which may include the
6    transfer of food residual to a location that manages food
7    residuals or the management of food residual on-site; and
8        (11) designing and implementation of a plan to manage
9    food residual waste streams to prioritize food consumption
10    by humans, agricultural use, including consumption by
11    animals, and composting.
12(Source: P.A. 87-650.)