Food Waste Composting Legislation

1. Food Waste Composting Legislation Jen Walling Office of State Senator Heather Steans 7th District

2. 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.

3. 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

4. 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.

5. 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

6. 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.

7. Exemptions • On-site composting which use the compost on-site.

8. 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.

9. 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.

10. 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.

11. Bring Composting to Your Community. • Backyard composting • On-site composting • Community Composting • Curbside Composting • Encourage use of compost

12. 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

13. Backyard • Subsidize sale of backyard compost bins. • Offer information/workshops on backyard and indoor composting. • Review backyard composting ordinances.

14. 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

15. 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.

16. 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.

17. Future challenges • Build the market for the sale and use of compost in Illinois. • Develop organic waste compost quality standards for Illinois

18. 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.