Illinois General Assembly - Illinois Compiled Statutes

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415 ILCS 5/22.34

(415 ILCS 5/22.34)

Sec. 22.34. Organic waste compost quality standards.

(a) The Agency may develop and make recommendations to
the Board concerning (i) performance standards for organic waste compost
facilities and (ii) testing procedures and standards for the end-product
compost produced by organic waste compost facilities.

The Agency, in cooperation with the Department, shall appoint a Technical
Advisory Committee for the purpose of developing these recommendations.
Among other things, the Committee shall evaluate environmental and
safety considerations, compliance costs, and regulations adopted in other
states and countries.  The Committee shall have balanced
representation and shall include members representing academia, the composting
industry, the Department of Agriculture, the landscaping industry,
environmental organizations, municipalities, and counties.

Performance standards for organic waste compost facilities may include, but are not limited to:

(1) the management of potential exposures for human

disease vectors and odor;

(2) the management of surface water;

(3) contingency planning for handling end-product

compost material that does not meet end-product compost standards adopted by the Board;

(4) plans for intended purposes of end-use product;

and

(5) a financial assurance plan necessary to restore

the site as specified in Agency permit. The financial assurance plan may include, but is not limited to, posting with the Agency a performance bond or other security for the purpose of ensuring site restoration.

(b) No later than one year after the Agency makes recommendations to the Board under subsection (a) of this Section, the Board shall adopt, as applicable:

(1) performance standards for organic waste compost

facilities; and

(2) testing procedures and standards for the

end-product compost produced by organic waste compost facilities.

The Board shall evaluate the merits of different standards for
end-product compost applications.

(c) On-site residential composting that is used solely for the purpose of
composting organic waste generated on-site and that will not be offered for
off-site sale or use is exempt from any standards promulgated under subsections
(a) and (b). Subsection (b)(2) shall not apply to end-product compost used as
daily cover or vegetative amendment in the final layer. Subsection (b)
applies to any end-product compost offered for sale or use in Illinois.

(d) For the purposes of this Section, "organic waste" means food scrap,
landscape waste, wood waste, livestock waste, crop residue, paper waste, or other non-hazardous carbonaceous waste that is
collected and processed separately from the rest of the municipal waste stream.

(e) Except as otherwise provided in Board rules, solid waste permits for organic waste composting facilities shall be issued under the Board's Solid Waste rules at 35 Ill. Adm. Code 807. The permits must include, but shall not be limited to, measures designed to reduce pathogens in the compost.

(f) Standards adopted under this Section do not apply to compost operations exempt from permitting under paragraph (1.5) of subsection (q) of Section 21 of this Act.

(Source: P.A. 98-239, eff. 8-9-13.)