Food Waste Composting
Legislation
Jen Walling
Office of State Senator
Heather Steans
7th District
Problem
• It is very difficult and often prohibitively
expensive to obtain a permit to compost food
scrap commercially in Illinois because these
facilities are considered “Pollution Control
Facilities” under Illinois law.
• (415 ILCS 5/3.200) "Garbage" is waste resulting
from the handling, processing, preparation,
cooking, and consumption of food, and wastes
from the handling, processing, storage, and sale
of produce.
Pollution Control Facilities
Facilities that are required to receive a permit under pollution control
facility regulations include:
• Sanitary Landfills
• Hazardous Waste and Waste Storage sites
• Waste Transfer Station
• Waste Incinerators
Facilities that are exempt from pollution control facility permitting
include:
• Landscape waste composting facilities and landscape waste compost
processing facilities
• Food scrap composting facilities that only compost food generated
on site
• Certain coal combustion and scrap tire collection facilities
• Recycling facilities
Garbage
• Sec. 3.200. Garbage. "Garbage" is waste resulting from the
handling, processing, preparation, cooking, and consumption of
food, and wastes from the handling, processing, storage, and sale
of produce.
Solution
• SB99, a bill introduced
by State Senator
Heather Steans, recently
passed both the Illinois
House and Senate and
was signed by the
Governor.
• View full text at
www.ilga.gov
Organic Waste Composting Facilities
• There are 267 food scrap composting facilities in
the United States (according to BioCycle
magazine).
• In Illinois, yard waste is prohibited from landfill
disposal.
Exemptions
• On-site composting which use the
compost on-site.
New Definition of “Food Scrap”
•
Sec. 3.197. Food scrap. "Food scrap" means garbage that is
▫ (i) capable of being decomposed into compost by composting,
▫ (ii) separated by the generator from other waste, including, but not
limited to, garbage that is not capable of being decomposed into compost
by composting, and
▫ (iii) managed separately from other waste, including, but not limited to,
garbage that is not capable of being decomposed into compost by
composting.
• "Food scrap" includes, but is not limited to, packaging, utensils, and
food containers composed of readily biodegradable material. For the
purposes of this Section, packaging, utensils, and food containers
are readily biodegradable if they meet the ASTM D6400 standard.
Siting Requirements
• Include a setback of at least 200 feet from the nearest
potable water supply well
• Locate outside of the 10-year floodplain boundary or
be floodproofed.
• Locate at least 1/8 mile from the nearest residence.
• Locate at least 1/8 mile from facilities that treat people
that are immunocompromised or immunosuppressed.
• Locate at least 1/8 mile from primary and secondary
schools and adjacent areas that schools use for
recreation.
• Locate at least 1/8 mile from child care facilities and
pre-schools.
Notice Requirements
• Under this bill, the compost company must provide the
following types of notice.
• In person or by mail to the members of the General
Assembly from the legislative district in which the
proposed facility is to be located.
• By registered or certified mail to the owners of all real
property located within 250 feet of the site of the proposed
facility.
• To the general public by publication in a newspaper of
general circulation in the county in which the proposed
facility is to be located.
Bring Composting to Your
Community.
•
•
•
•
•
Backyard composting
On-site composting
Community Composting
Curbside Composting
Encourage use of compost
Encourage use of compost
• Senator A. J. Wilhelmi passed SB1932 which
would require the state of Illinois to use compost
in landscaping whenever feasible.
• Municipalities can use compost in landscaping,
construction, and road projects
Backyard
• Subsidize sale of backyard
compost bins.
• Offer information/workshops
on backyard and indoor
composting.
• Review backyard composting
ordinances.
On Site Composting
• Generally, no permit
required if below a
certain size, accepts
only material from
on-site and material
is used on-site.
Worm Composting at SIU
Available at
http://www.standingupforillinois.org/green/sus_uni_detail.php?school
_name=Southern%20Illinois%20University%20Carbondale
Community Composting
• Drop-off centers managed
by a non-profit,
municipality, or volunteers.
• "Garden compost operation" means an
operation which (1) has no more than
25 cubic yards of landscape waste,
composting material or end-product
compost on-site at any one time and
(2) is not engaging in commercial
activity.
Curbside Pick Up
• Cities like San Francisco
and Ottawa, Canada have a
three cart system to pick up
organics curbside.
• Businesses can also
contract to have organic
waste picked up. Often,
restaurants average more
than 85% organic waste.
Future challenges
- Build the market for the sale and use of compost
in Illinois.
- Develop organic waste compost quality
standards for Illinois
Thank you to…
• Kay McKeen and SCARCE, Senator Pam Althoff,
Representative Sandy Pihos, Representative
Harry Osterman, Environmental Law and Policy
Center, Land and Lakes, Chicago Green
Restaurant Co-op, Illinois Environmental
Protection Agency, National Solid Waste
Management Association, Environment Illinois,
Solid Waste Agency of Lake County, Solid Waste
Agency of Northern Cook County, and many
more organizations.