Bill Text: IL HB3068 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Solid Waste Planning and Recycling Act. Creates the Statewide Materials Management Advisory Committee. Provides that the Advisory Committee shall: (1) investigate and provide recommendations for expanding waste reduction, recycling, reuse, and composting in Illinois in a manner that protects the environment, as well as public health and safety, and promotes economic development; (2) investigate and provide recommendations for the form and contents of county waste management plans adopted under the Act; and (3) prepare a report as required under other provisions of the amendatory Act. Provides that the Advisory Committee shall be composed of the Director of the Environmental Protection Agency, who shall serve as an ex officio and nonvoting member, and 25 specified voting members appointed by the Director by no later than January 1, 2020. Provides that the initial meeting of the Advisory Committee shall be convened by no later than March 1, 2020, when the voting members shall select co-chairs. Tasks the Agency with providing administrative assistance and technical support. Provides that funding for the Plan and assistance from outside experts shall be obtained from the Solid Waste Management Fund. Provides that the report shall be submitted on or before July 1, 2021. Provides that the report shall include, at a minimum: (1) an estimate of the amount and composition of waste generated annually in Illinois; (2) an estimate of the amount of waste disposed of annually in Illinois; (3) an estimate of the amount of material diverted from landfills annually in Illinois; (4) an analysis of the markets available for materials diverted from Illinois landfills; (5) recommended materials in the municipal waste stream that could be targeted to maximize waste diversion; (6) recommended actions that could be taken to increase landfill diversion rates and the costs associated with those actions; (7) recommended education and public outreach programs that could maximize waste diversion; (8) recommended diversion rates that are achievable by 2025, 2030, and 2035; and (9) a database and map of permitted and nonpermitted facilities, including, but not limited to, landfills, garbage transfer stations, landscape waste transfer stations, construction and demolition debris recycling facilities, recycling facilities, compost sites, and scrap metal recycling facilities. Provides that the report shall also include specified recommendations for waste management plans required under the Act. Repeals the provisions on July 1, 2022. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Passed) 2019-07-12 - Public Act . . . . . . . . . 101-0074 [HB3068 Detail]

Download: Illinois-2019-HB3068-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3068 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
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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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Solid Waste Management Act is
amended by changing Section 2 and by adding Section 4.5 as
follows:
(415 ILCS 20/2) (from Ch. 111 1/2, par. 7052)
Sec. 2. Public Policy. (a) The General Assembly finds:
(1) that current solid waste disposal practices are not
adequate to address the needs of many metropolitan areas in
Illinois;
(2) that the generation of solid waste is increasing while
landfill capacity is decreasing;
(3) that siting of new landfills, transfer stations,
incinerators, recycling facilities, or other solid waste
management facilities and the expansion of existing facilities
is very difficult due to the public concern and competition
with other land uses for suitable sites;
(4) that more effective and efficient management of solid
waste is needed in a manner that promotes economic development,
protects the environment and public health and safety, and
allows the most practical and beneficial use of the material
and energy values of solid waste;

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

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

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

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(Source: P.A. 85-1440.)
(415 ILCS 20/4.5 new)
Sec. 4.5. State Resource Management Plan. 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. The
Illinois Sustainable Technology Center may obtain assistance
from outside experts to assist in the preparation of the Plan.
The Plan shall be developed with the assistance of a broad
based advisory committee. Funding for the Plan shall be taken
from the Solid Waste Management Fund. The Plan shall include
the following information:
(1) An estimate, with 2014 as a base year, of the
amount and composition of waste disposed on a statewide and
per capita basis, and development of a database of
permitted facilities and non-permitted facilities that
must notify the Illinois Environmental Protection Agency,
including landfills, garbage transfer stations, landscape
waste transfer stations, composting sites, landscape waste
land application sites, construction and demolition debris
recycling facilities, and recycling facilities that
process recyclables from residential or commercial
generators. In addition, an estimate of the overall waste
generation rate and how that waste is managed after

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

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

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

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