99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1434

Introduced 2/20/2015, by Sen. Melinda Bush

SYNOPSIS AS INTRODUCED:

`415 ILCS 20/2`	`from Ch. 111 1/2, par. 7052`
`415 ILCS 20/4.1 new`

Amends the Illinois Solid Waste Management Act. Provides that, on or before December 1, 2016, the Illinois Sustainable Technology Center of the Prairie Research Institute at the University of Illinois shall publish a Statewide resource management plan, and shall update the plan every 5 years. Provides that the Statewide resource management plan shall include specified information. Makes a change to the preferred solid waste management activities in a provision concerning public policy.

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A BILL FOR

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1 AN ACT concerning safety.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Solid Waste Management Act is

5 amended by changing Section 2 and by adding Section 4.1 as

6 follows:

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

10 adequate to address the needs of many metropolitan areas in

11 Illinois;

12 (2) that the generation of solid waste is increasing while

13 landfill capacity is decreasing;

14 (3) that siting of new landfills, transfer stations,

15 incinerators, recycling facilities, or other solid waste

16 management facilities and the expansion of existing facilities

17 is very difficult due to the public concern and competition

18 with other land uses for suitable sites;

19 (4) that more effective and efficient management of solid

20 waste is needed in a manner that promotes economic development,

21 protects the environment and public health and safety, and

22 allows the most practical and beneficial use of the material

23 and energy values of solid waste;

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1 (5) that state government policy and programs should be

2 developed to assist local governments and private industry in

3 seeking solutions to solid waste management problems;

4 (6) that the purchase of products or supplies made from

5 recycled materials by public agencies in the State will divert

6 significant quantities of waste from landfills, reduce

7 disposal costs and stimulate recycling markets, thereby

8 encouraging the further use of recycled materials and educating

9 the public about the utility and availability of such

10 materials;

11 (7) that there are wastes for which combustion would not

12 provide practical energy recovery or practical volume

13 reduction, which cannot be reasonably recycled or reused and

14 which have reduced environmental threat because they are

15 non-putrescible, homogeneous and do not contain free liquids.

16 Such wastes bear a real and substantial difference under the

17 purposes of the Illinois Solid Waste Management Act from solid

18 wastes for which combustion would provide practical energy

19 recovery or practical volume reduction, which can be reasonably

20 recycled or reused, or which are putrescible, non-homogeneous

21 or contain free liquids;

22 (8) since it is the policy of the State as set forth in the

23 Environmental Protection Act to assure that contaminants

24 discharged into the atmosphere or waters of the State are given

25 the degree of treatment or control necessary to prevent

26 pollution, that wastes generated as a result of removing

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1 contaminants from the air, water or land bear a real and

2 substantial difference from other wastes in that the generation

3 of wastes containing pollution treatment residuals can improve

4 the environment in Illinois and should be encouraged;

5 (9) since it is the policy of the State as set forth in the

6 Environmental Protection Act to promote conservation of

7 natural resources and minimize environmental damage by

8 encouraging and effecting recycling and reuse of waste

9 materials, that wastes from recycling, reclamation or reuse

10 processes designed to remove contaminants so as to render such

11 wastes reusable or wastes received at a landfill and recycled

12 through an Agency permitted process bear a real and substantial

13 difference from wastes not resulting from or subject to such

14 recycling, reclamation, or reuse and that encouraging such

15 recycling, reclamation or reuse furthers the purposes of the

16 Illinois Solid Waste Management Act;

17 (10) that there are over 300 landfills in Illinois which

18 are permitted to accept only demolition or construction debris

19 or landscape waste, the vast majority of which accept less than

20 10,000 cubic yards per year. By themselves these wastes pose

21 only a minimal hazard to the environment when landfilled in

22 compliance with regulatory requirements in an Agency-permitted

23 site without commingling with other wastes and, as such,

24 landfills receiving only such wastes bear a real and

25 substantial difference from landfills receiving wastes which

26 are commingled. Disposal of these wastes in landfills permitted

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1 for municipal wastes uses up increasingly scarce capacity for

2 garbage, general household and commercial waste. It is the

3 policy of the State to encourage disposal of these wastes in

4 separate landfills.

5 (b) It is the purpose of this Act to reduce reliance on

6 land disposal of solid waste, to encourage and promote

7 alternative means of managing solid waste, and to assist local

8 governments with solid waste planning and management.In the

9 interest of the public health, safety, and welfare, in order to

10 conserve energy and natural resources, and to maintain and

11 enhance job creation, and after consideration of the technical

12 and economic feasibility, it is the policy of the State of

13 Illinois to establish a comprehensive Statewide program for

14 solid waste management which will preserve or enhance the

15 quality of air, water, and land resources in accordance with

16 the following preferred ~~In furtherance of those aims, while~~

17 ~~recognizing that landfills will continue to be necessary, this~~

18 ~~Act establishes the following waste management~~ hierarchy, in

19 descending 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) composting or biological treatment; ~~combustion for~~

24 ~~volume reduction;~~

25 (5) recovering energy; and

26 (6) disposal in landfill facilities or other approved

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1 disposal methods.

2 (Source: P.A. 85-1440.)

3 (415 ILCS 20/4.1 new)

4 Sec. 4.1. State resources management plan. On or before

5 December 1, 2016, the Illinois Sustainable Technology Center of

6 the Prairie Research Institute at the University of Illinois

7 shall publish a Statewide resource management plan, and shall

8 update the plan every 5 years. The Illinois Sustainable

9 Technology Center may obtain assistance from outside experts to

10 assist in the preparation of the plan. The plan shall be

11 developed with the assistance of a broad-based advisory

12 committee. Funding for the plan shall be taken from the

13 Illinois Solid Waste Management Fund. The plan shall include

14 the following information:

15 (a) An estimate, with 2014 as a base year, of the

16 amount and composition of waste disposed on a Statewide and

17 per capita basis, and development of a database of

18 permitted facilities and non-permitted facilities that

19 must notify the Agency, including landfills, garbage

20 transfer stations, landscape waste transfer stations,

21 composting sites, landscape waste land application sites,

22 construction and demolition debris recycling facilities,

23 and recycling facilities that process recyclables from

24 residential or commercial generators. In addition, an

25 estimate of the overall waste generation rate and how that

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1 waste is managed after generation (amount reused,

2 recycled, composted, and disposed) as of 2014. It is

3 expected that the Department of Commerce and Economic

4 Opportunity waste characterization study conducted in 2014

5 will form the basis for this Section of the State plan. The

6 results of the 2014 Department of Commerce and Economic

7 Opportunity study should be compared to the 2009 study to

8 evaluate trends in composition of waste and material being

9 disposed. This comparison should lead to conclusions

10 regarding recommendations for diversion programs. It is

11 also recommended that the 2014 study be used by counties

12 when preparing their 5-year updates to develop or enhance

13 local programs to capture and divert materials identified

14 in the 2014 study.

15 (b) A common methodology for counties to use in

16 determining their annual recycling and composting rate.

17 Included shall be a recommendation that county plans

18 include identification of facilities (at a minimum the name

19 of facility, geographic location, and type of facility)

20 that accept recyclables and organic material for

21 recycling, composting, or digestion from the county, and

22 that this information be used to update and augment the

23 database of facilities developed as part of the State plan.

24 (c) A common methodology for counties to use in

25 determining their annual waste disposal rate. Included

26 shall be a recommendation that county plans include

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1 identification of facilities (at a minimum the name of the

2 facility, geographic location, and type of facility) that

3 accept for transfer or final disposal municipal waste from

4 the county, and that this information be used to update and

5 augment the database of facilities developed as part of the

6 State plan.

7 (d) Source reduction, reuse, recycling, and composting

8 programs that are applicable to counties with a population

9 of 200,000 or more. Specific recommendations should be

10 developed for residential programs (single family and

11 multi-family), commercial programs, and construction and

12 demolition debris programs. Each recommendation shall

13 include an estimate of the cost to implement the program,

14 how it will be funded, and an estimated timeframe for

15 implementation.

16 (e) Source reduction, reuse, recycling, and composting

17 programs that are applicable to counties with a population

18 of less than 200,000. Specific recommendations should be

19 developed for residential programs (single and

20 multi-family), commercial programs and construction and

21 demolition debris programs. Each recommendation shall

22 include an estimate of the cost to implement the program,

23 how it will be funded, and an estimated timeframe for the

24 implementation.

25 (f) 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 Agency.

2 (g) Education and public outreach programs that are

3 applicable to all counties. This should include an overall

4 education campaign strategy for counties (how to define the

5 target audience, what media to use, and how to allocate

6 resources), and development of an updated education

7 toolkit with sample flyers, press releases, radio ads,

8 recycling guidelines for recyclables, composting

9 guidelines for food scrap collection, website banners, and

10 similar materials.

11 (h) An assessment of the Department of Commerce and

12 Economic Opportunity waste characterization study

13 conducted in 2014 to form the basis of setting realistic

14 diversion goals over specified periods of time through

15 implementation of the methods and programs identified in

16 the State plan, where diversion goals will be determined

17 based on: (1) landfill disposal volumes to account for

18 source reduction and reuse, and (2) economically viable

19 commodity markets available to account for recyclable

20 materials.

21 The State goal is to meet diversion rates of 40% by 2020,

22 45% diversion by 2025, and 50% diversion by 2030 in counties

23 with a population over 200,000 (as of 2010 census); 30%, 35%,

24 and 40% respectively in counties with a population of 200,000

25 or less.

26 The State plan shall also detail the specific

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1 responsibilities of the counties regarding implementation of

2 the plan, and identify the future role the Agency, the

3 Department of Commerce and Economic Opportunity, and other

4 State agencies have in assisting counties and the State to

5 achieve the goals outlined in the State plan. The State plan

6 should also provide a vision with recommended practices that

7 may include residential curbside programs, voluntary industry

8 initiatives, public/private partnerships, consumer education,

9 product stewardship, and extended producer responsibility,

10 disposal bans, mandatory recycling, zero waste approaches, and

11 State government procurement, from which policy makers may

12 consider what proposed programs may have merit for

13 implementation in Illinois. The evaluation of which programs or

14 practices have merit should be conducted pursuant to paragraph

15 (4) of subsection (c) of Section 4 of the Solid Waste Planning

16 and Recycling Act which requires "an evaluation of the

17 environmental, energy, life cycle cost, and economic

18 advantages and disadvantages" of the proposed programs. In

19 addition, the State plan may include recommendations to

20 Congress, such as product labeling, that will benefit State

21 diversion plans.