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SB 1398

SOLID WASTE-BAN-FOOD WASTE

104th Regular Session Introduced by Lakesia Collins and 14 co-sponsors

The bill requires large food/organic waste generators near permitted facilities to source-separate and properly manage or transport their waste to approved facilities, boosting org

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 1398

Summary — SB 1398 (Solid Waste / Food Waste)

Status: Introduced (Illinois)
Primary sponsor: Sen. Adriane Johnson
Related bill: HB 1079 (companion)

Purpose
- To strengthen management of food and food scrap to divert organic material from landfills by clarifying definitions, creating new facility categories, updating county recycling/collection planning requirements, and imposing source‑separation/management obligations on larger generators. The bill also adjusts regulatory definitions (including exemptions) and provides funding/accounting directions for implementation of Illinois’ solid waste laws.

Key provisions
- Definitions added/updated
- Adds definitions for “anaerobic digester,” “anaerobic digestion,” and “food.”
- Revises the definition of “food scrap” to include organic food material that is compostable and (explicitly) readily biodegradable packaging, utensils, and containers that meet ASTM D6400 standards.
- Creates a new definition for “food scrap processing facility” — an intermediate, Agency‑permitted facility that accepts food scrap only to remove packaging or process it to be transported to an Agency‑permitted composting facility or anaerobic digester.

  • Exemptions / Pollution control facility definition

    • Amends the Environmental Protection Act’s “pollution control facility” definition to exempt:
    • The portion of a site or facility used for anaerobic digestion; and
    • The portion of a site or facility used to process food scrap at a permitted food scrap processing facility.
    • (Effect: portions of sites used solely for these purposes would not be treated as “pollution control facilities” for certain regulatory purposes.)

  • Generator obligations (food & food scrap)

    • A person who generates more than the applicable regulatory threshold of food/food scrap and is located within specified proximity of an Agency‑permitted facility that accepts food scrap and has capacity must:
    • Source‑separate food and food scrap from other solid waste; and
    • Either arrange transport of the separated material to a facility that manages food/food scrap consistent with the State’s food/food‑scrap management hierarchy, or manage it on‑site in accordance with applicable laws and rules.
    • Distance thresholds: within 20 miles prior to July 1, 2035; within 25 miles on or after July 1, 2035.

  • County planning and collection

    • Amends the Solid Waste Planning and Recycling Act to update county waste management plan requirements related to food scrap collection programs (encouraging or requiring local planning for food scrap collection).

  • Funding / implementation support

    • Directs certain monies appropriated from the Solid Waste Management Fund for solid waste management activities to be segregated into a separate account for use by the Prairie Research Institute (University of Illinois) to cover costs of implementing the Illinois Solid Waste Management Act.

  • Agency authority

    • Grants the Illinois Environmental Protection Agency rulemaking authority to implement the new requirements and definitions.

Who would be affected
- Large food/organic waste generators (e.g., restaurants, grocery stores, institutions) — will face source‑separation and transport/management obligations if they exceed regulatory thresholds and are within the specified distances of permitted facilities.
- Composting facilities, anaerobic digesters, and newly defined food scrap processing facilities — affected by permitting, exemptions, and possible growth in material streams.
- Counties and local governments — required to update waste management/recycling plans to address food scrap collection.
- Prairie Research Institute — designated recipient of certain funds to support implementation.
- Solid waste haulers and processors — potential changes in collection streams and contracts.

Timeline / procedural notes
- The bill amends the Environmental Protection Act, the Solid Waste Planning and Recycling Act, and the Illinois Solid Waste Management Act; it gives the Agency rulemaking authority to flesh out thresholds, standards, and implementation details.
- Explicit distance threshold change takes effect with a step‑up on July 1, 2035 (20 miles → 25 miles).
- Other effective dates depend on the bill’s enactment language and Agency rulemaking schedule (the bill text indicates immediate effect in the synopsis, but final effective timing would follow enactment).

Potential impacts
- Environmental: increased diversion of organic waste from landfills, reduced methane emissions, and greater feedstock supply for composting and anaerobic digestion (energy recovery).
- Operational: new compliance tasks and potentially increased costs for affected generators and haulers; opportunities for expansion of organics processing infrastructure and market growth for compost/biogas.
- Regulatory: need for Agency rules to define “applicable regulatory thresholds,” permitting details for food scrap processing facilities, and enforcement mechanisms.

Note: Text excerpts available identify the bill as an amendment to multiple Illinois environmental/solid waste statutes. Final obligations and impacts will depend on Agency rulemaking (definitions, thresholds, permitting requirements) and the content of companion HB 1079 if enacted.

Compiled from official sources — confirm details with the bill’s official record.

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