Synopsis As Introduced Amends the Environmental Protection Act. Redefines the term "compost" to mean compostable material that has, by composting, decomposed to the degree that it will not, when subjected to optimal thermal conditions and optimal levels of oxygen, moisture, and nutrients, reheat significantly due to the action of microorganisms, and that is also suitable (i) for use as a soil conditioner, (ii) for use as a cover material for a municipal solid waste landfill, or (iii) for another use approved by the Agency (now, the humus-like product of the process of composting waste, which may be used as a soil conditioner). Redefines the term "composting" to mean the decomposition of compostable material into compost by a biological process that produces carbon dioxide and water as primary by-products (now, the biological treatment process by which microorganisms decompose the organic fraction of waste, producing compost). Excepts food scrap from the definition of the term "garbage". Exempts certain types of facilities, sites, portions of facilities, and portions of sites from regulation as pollution control facilities. Defines "compostable material" and "food scrap". Effective immediately.
Deletes everything after the enacting clause. Reinserts the bill as introduced with changes. Further amends the Environmental Protection Act. Deletes the definitions of the terms "compost", "compostable material", "composting", and "garbage". Replaces the definition of the term "food scrap". Redefines "organic waste" to include, among other things, food scrap (now, "food waste"), livestock waste, crop residue, and paper waste. Provides that the term "pollution control facility" does not include the portion of a site or facility (i) that is used for the composting of food scrap, livestock waste, crop residue, uncontaminated wood waste, or paper waste, including, but not limited to, corrugated paper or cardboard, and (ii) that meets a list of specified requirements (some of which are contained in the introduced bill). Specifies the type of notice that an applicant must give before the Agency may issue the applicant a permit to construct or develop a composting facility. Replaces a provision that required the Agency to 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 with a provision that authorizes the Agency to draft those standards. Provides that, except as otherwise provided in Board rules, solid waste permits for organic waste compost facilities shall be issued under the Board's Solid Waste Rules at 35 Ill. Adm. Code 807. Requires permits to include, but not to be limited to, measures designed to reduce pathogens in the compost.
SB 99 would not impose any additional costs on the Illinois EPA. Moreover, the bill authorizes the Agency to require such sites to obtain financial assurance to guarantee that the State would not have to incur any cleanup costs in the future.
Balanced Budget Note (Office of Management and Budget)
SB 99, as engrossed, has no fiscal impact and adds no additional spending pressure on the General Revenue Fund or for the current Fiscal Year 2009 budget deficit.