State of Illinois
2019 and 2020


Introduced , by Rep. Terra Costa Howard


415 ILCS 20/2  from Ch. 111 1/2, par. 7052
415 ILCS 20/4.5 new

    Amends the Illinois Solid Waste Management Act. Provides that it is the policy of the State to establish a comprehensive statewide program for solid waste management which will preserve or enhance the quality of air, water, and land resources. Modifies the State preferences for solid waste management. Provides that the Illinois Sustainable Technology Center of the Prairie Research Institute at the University of Illinois shall publish, on or before December 1, 2020, a statewide Illinois Resource Management Plan and shall update the plan every 5 years. Includes State and local requirements for the Plan.

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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Solid Waste Management Act is
5amended by changing Section 2 and by adding Section 4.5 as
7    (415 ILCS 20/2)  (from Ch. 111 1/2, par. 7052)
8    Sec. 2. Public Policy. (a) The General Assembly finds:
9    (1) that current solid waste disposal practices are not
10adequate to address the needs of many metropolitan areas in
12    (2) that the generation of solid waste is increasing while
13landfill capacity is decreasing;
14    (3) that siting of new landfills, transfer stations,
15incinerators, recycling facilities, or other solid waste
16management facilities and the expansion of existing facilities
17is very difficult due to the public concern and competition
18with other land uses for suitable sites;
19    (4) that more effective and efficient management of solid
20waste is needed in a manner that promotes economic development,
21protects the environment and public health and safety, and
22allows the most practical and beneficial use of the material
23and energy values of solid waste;



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1    (5) that state government policy and programs should be
2developed to assist local governments and private industry in
3seeking solutions to solid waste management problems;
4    (6) that the purchase of products or supplies made from
5recycled materials by public agencies in the State will divert
6significant quantities of waste from landfills, reduce
7disposal costs and stimulate recycling markets, thereby
8encouraging the further use of recycled materials and educating
9the public about the utility and availability of such
11    (7) that there are wastes for which combustion would not
12provide practical energy recovery or practical volume
13reduction, which cannot be reasonably recycled or reused and
14which have reduced environmental threat because they are
15non-putrescible, homogeneous and do not contain free liquids.
16Such wastes bear a real and substantial difference under the
17purposes of the Illinois Solid Waste Management Act from solid
18wastes for which combustion would provide practical energy
19recovery or practical volume reduction, which can be reasonably
20recycled or reused, or which are putrescible, non-homogeneous
21or contain free liquids;
22    (8) since it is the policy of the State as set forth in the
23Environmental Protection Act to assure that contaminants
24discharged into the atmosphere or waters of the State are given
25the degree of treatment or control necessary to prevent
26pollution, that wastes generated as a result of removing



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1contaminants from the air, water or land bear a real and
2substantial difference from other wastes in that the generation
3of wastes containing pollution treatment residuals can improve
4the environment in Illinois and should be encouraged;
5    (9) since it is the policy of the State as set forth in the
6Environmental Protection Act to promote conservation of
7natural resources and minimize environmental damage by
8encouraging and effecting recycling and reuse of waste
9materials, that wastes from recycling, reclamation or reuse
10processes designed to remove contaminants so as to render such
11wastes reusable or wastes received at a landfill and recycled
12through an Agency permitted process bear a real and substantial
13difference from wastes not resulting from or subject to such
14recycling, reclamation, or reuse and that encouraging such
15recycling, reclamation or reuse furthers the purposes of the
16Illinois Solid Waste Management Act;
17    (10) that there are over 300 landfills in Illinois which
18are permitted to accept only demolition or construction debris
19or landscape waste, the vast majority of which accept less than
2010,000 cubic yards per year. By themselves these wastes pose
21only a minimal hazard to the environment when landfilled in
22compliance with regulatory requirements in an Agency-permitted
23site without commingling with other wastes and, as such,
24landfills receiving only such wastes bear a real and
25substantial difference from landfills receiving wastes which
26are commingled. Disposal of these wastes in landfills permitted



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1for municipal wastes uses up increasingly scarce capacity for
2garbage, general household and commercial waste. It is the
3policy of the State to encourage disposal of these wastes in
4separate landfills.
5    (b) It is the purpose of this Act to reduce reliance on
6land disposal of solid waste, to encourage and promote
7alternative means of managing solid waste, and to assist local
8governments with solid waste planning and management. In the
9interest of the public health, safety and welfare, in order to
10conserve energy and natural resources and to maintain and/or
11enhance job creation, and after consideration of the technical
12and economic feasibility, it is the policy of the State of
13Illinois to establish a comprehensive statewide program for
14solid waste management which will preserve or enhance the
15quality of air, water and land resources in accordance with the
16following preferred In furtherance of those aims, while
17recognizing that landfills will continue to be necessary, this
18Act establishes the following waste management hierarchy, in
19descending order of preference, as State policy:
20    (1) volume reduction at the source;
21    (2) recycling and reuse;
22    (3) recycling combustion with energy recovery;
23    (4) compost or biological treatment combustion for volume
24reduction; and
25    (5) disposal in landfill facilities or other approved
26disposal method.



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1(Source: P.A. 85-1440.)
2    (415 ILCS 20/4.5 new)
3    Sec. 4.5. State Resource Management Plan. The Illinois
4Sustainable Technology Center of the Prairie Research
5Institute at the University of Illinois shall publish, on or
6before December 1, 2020, a statewide Illinois Resource
7Management Plan and shall update the Plan every 5 years. The
8Illinois Sustainable Technology Center may obtain assistance
9from outside experts to assist in the preparation of the Plan.
10The Plan shall be developed with the assistance of a broad
11based advisory committee. Funding for the Plan shall be taken
12from the Solid Waste Management Fund. The Plan shall include
13the following information:
14        (1) An estimate, with 2014 as a base year, of the
15    amount and composition of waste disposed on a statewide and
16    per capita basis, and development of a database of
17    permitted facilities and non-permitted facilities that
18    must notify the Illinois Environmental Protection Agency,
19    including landfills, garbage transfer stations, landscape
20    waste transfer stations, composting sites, landscape waste
21    land application sites, construction and demolition debris
22    recycling facilities, and recycling facilities that
23    process recyclables from residential or commercial
24    generators. In addition, an estimate of the overall waste
25    generation rate and how that waste is managed after



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1    generation (amount reused, recycled, composted and
2    disposed) as of 2014. The Department's waste
3    characterization study conducted in 2014 will form the
4    basis for the Plan. The results of the 2014 Department
5    study should be compared to the 2009 study to evaluate
6    trends in composition of waste and material being disposed.
7    This comparison should lead to conclusions regarding
8    recommendations for diversion programs. It is also
9    recommended that the 2014 study be used by counties when
10    preparing their 5-year updates to develop or enhance local
11    programs to capture and divert materials identified in the
12    2014 study.
13        (2) A common methodology for counties to use in
14    determining their annual recycling and composting rate.
15    Included will be a recommendation that county plans include
16    identification of facilities (at a minimum, the name of
17    facility, geographic location, and type of facility) that
18    accept recyclables and organic material for recycling,
19    composting or digestion from the county, and that this
20    information be used to update and augment the database of
21    facilities developed as part of the Plan.
22        (3) A common methodology for counties to use in
23    determining their annual waste disposal rate. Included
24    will be a recommendation that county plans include
25    identification of facilities (at a minimum, the name of the
26    facility, geographic location, and type of facility) that



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1    accept for transfer or final disposal municipal waste from
2    the county, and that this information be used to update and
3    augment the database of facilities developed as part of the
4    Plan.
5        (4) Source reduction, reuse, recycling, and composting
6    programs that are applicable to counties with a population
7    of 200,000 or more. Specific recommendations should be
8    developed for residential programs (single family and
9    multi-family), commercial programs, and construction and
10    demolition debris programs. Each recommendation must
11    include an estimate of the cost to implement the program,
12    how it will be funded, and an estimated timeframe for
13    implementation.
14        (5) Source reduction, reuse, recycling, and composting
15    programs that are applicable to counties with a population
16    of less than 200,000. Specific recommendations should be
17    developed for residential programs (single and
18    multi-family), commercial programs, and construction and
19    demolition debris programs. Each recommendation must
20    include an estimate of the cost to implement the program,
21    how it will be funded, and an estimated timeframe for
22    implementation. Programs may also be created to subdivide
23    the counties with less than 200,000 in population by
24    population.
25        (6) A template for a 5-year plan update that can be
26    used by counties when submitting their 5-year updates to



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1    the Illinois Environmental Protection Agency.
2        (7) Education and public outreach programs that are
3    applicable to all counties. This should include, but is not
4    limited to, an overall education campaign strategy for
5    counties (how to define the target audience, what media to
6    use, and how to allocate resources), and development of an
7    updated education toolkit with sample flyers, press
8    releases, radio ads, recycling guidelines for recyclables,
9    composting guidelines for food scrap collection, and
10    website banners.
11        (8) An assessment of the Department's waste
12    characterization study conducted in 2014 to form the basis
13    of setting realistic diversion goals over specified
14    periods of time through implementation of the methods and
15    programs identified in the Plan where diversion goals will
16    be determined based on: (a) landfill disposal volumes to
17    account for source reduction and reuse; and (b)
18    economically viable commodity markets available to account
19    for recyclable materials.
20        (9) The State goal is to meet diversion rates of 40% by
21    2020, 45% diversion by 2025, and 50% diversion by 2030 in
22    counties with a population over 200,000 (as of the 2010
23    federal decennial census); 30%, 35%, and 40%,
24    respectively, in counties with a population of 200,000 or
25    less.
26        (10) The Plan should also detail the specific



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1    responsibilities of the counties regarding implementation
2    of the Plan, and identify the future role the Illinois
3    Environmental Protection Agency, the Department, and other
4    State agencies assisting counties and the State to achieve
5    the goals outlined in the Plan. The Plan should also
6    provide a vision with recommended practices that may
7    include residential curbside programs, voluntary industry
8    initiatives, public or private partnerships, consumer
9    education, product stewardship and extended producer
10    responsibility, disposal bans, mandatory recycling, zero
11    waste approaches, and State government procurement, from
12    which policy makers may consider what proposed programs may
13    have merit for implementation in Illinois. The evaluation
14    of which programs or practices have merit should be
15    conducted pursuant to paragraph (4) of subsection (c) of
16    Section 4 of the Solid Waste Planning and Recycling Act. In
17    addition, the Plan may include recommendations to
18    Congress, such as product labeling, that will benefit State
19    diversion plans.