Illinois Compiled Statutes
Chapter 415 - ENVIRONMENTAL SAFETY
415 ILCS 20/ - Illinois Solid Waste Management Act.

(415 ILCS 20/1) (from Ch. 111 1/2, par. 7051)
Sec. 1.
Short title.
This Act shall be known as the Illinois Solid Waste Management Act.

(Source: P.A. 84-1319.)
 
(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;
(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 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 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 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) combustion with energy recovery;
(4) combustion for volume reduction;
(5) disposal in landfill facilities.

(Source: P.A. 85-1440.)
 
(415 ILCS 20/2.1) (from Ch. 111 1/2, par. 7052.1)
Sec. 2.1. Definitions. When used in this Act, unless the context
otherwise requires, the following terms have the meanings ascribed to them
in this Section:
"Agency" means the Environmental Protection Agency.
"Department", when a particular entity is not specified, means (i) in
the case of a function to be performed on or after July 1, 1995 (the effective
date of the Department of Natural Resources Act) and until the effective date of this amendatory Act of the 102nd General Assembly, the Department of Commerce
and Community Affairs
(now Department of Commerce and Economic Opportunity), as successor to the former Department of Energy and
Natural Resources under the Department of Natural Resources Act; or (ii) in
the case of a function required to be performed before July 1, 1995, the
former Illinois Department of Energy and Natural Resources.
"Deinked stock" means paper that has been processed to remove inks,
clays, coatings, binders and other contaminants.
"End product" means only those items that are designed to be used until
disposal; items designed to be used in production of a subsequent item are
excluded.
"High grade printing and writing papers" includes offset printing paper,
duplicator paper, writing paper (stationery), office paper, note
pads, xerographic paper, envelopes, form bond including computer
paper and carbonless forms, book papers, bond papers, ledger paper, book
stock and cotton fiber papers.
"Paper and paper products" means high grade printing and writing
papers, tissue products, newsprint, unbleached packaging and recycled
paperboard.
"Postconsumer material" means only those products generated by a business
or consumer which have served their intended end uses, and which have been
separated or diverted from solid waste; wastes generated during production
of an end product are excluded.
"Recovered paper material" means paper waste generated after the completion
of the papermaking process, such as postconsumer materials, envelope cuttings,
bindery trimmings, printing waste, cutting and other converting waste, butt
rolls, and mill wrappers, obsolete inventories, and rejected unused stock.
"Recovered paper material", however, does not include fibrous waste
generated during the manufacturing process such as fibers recovered from
waste water or trimmings of paper machine rolls (mill broke), or fibrous
byproducts of harvesting, extraction or woodcutting processes, or forest
residues such as bark.
"Recycled paperboard" includes recycled paperboard products, folding
cartons and pad backing.
"Recycling" means the process by which solid waste is collected,
separated and processed for reuse as either a raw material or a product
which itself is subject to recycling,
but does not include the combustion
of waste for energy recovery or volume reduction.
"Tissue products" includes toilet tissue, paper towels, paper napkins,
facial tissue, paper doilies, industrial wipers, paper bags and brown papers.
"Unbleached packaging" includes corrugated and fiber boxes.
"USEPA Guidelines for federal procurement" means all minimum recycled
content standards recommended by the U.S. Environmental Protection Agency.

(Source: P.A. 102-444, eff. 8-20-21.)
 
(415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
Sec. 3. State agency materials recycling program.
(a) All State agencies responsible for the maintenance of public lands in
the State shall, to the maximum extent feasible, use compost materials in all land maintenance
activities which are to be paid with public funds.
(a-5) All State agencies responsible for the maintenance of public lands in the State shall review its procurement specifications and policies to determine (1) if incorporating compost materials will help reduce stormwater run-off and increase infiltration of moisture in land maintenance activities and (2) the current recycled content usage and potential for additional recycled content usage by the Agency in land maintenance activities and report to the General Assembly by December 15, 2015.
(b) The Department of Central Management Services, in coordination
with the Agency, shall implement
waste reduction programs, including source separation and collection, for
office wastepaper, corrugated containers, newsprint and mixed paper, in all
State buildings as appropriate and feasible. Such waste reduction programs
shall be designed to achieve waste reductions of at least 25% of
all such waste by December 31, 1995, and at least 50% of all such waste by
December 31, 2000. Any source separation and collection program
shall include, at a minimum, procedures for collecting and storing
recyclable materials, bins or containers for storing materials, and
contractual or other arrangements with buyers of recyclable materials. If
market conditions so warrant, the Department of Central Management
Services, in coordination with the Agency, may modify programs developed pursuant to this Section.
The Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) shall conduct waste
categorization studies of all State facilities for calendar years 1991,
1995 and 2000. Such studies shall be designed to assist the Department of
Central Management Services to achieve the waste reduction goals
established in this subsection.
(c) Each State agency shall, upon consultation with the Agency,
periodically review its procurement procedures and specifications related
to the purchase of products or supplies. Such procedures and
specifications shall be modified as necessary to require the procuring
agency to seek out products and supplies that contain recycled materials,
and to ensure that purchased products or supplies are reusable, durable or
made from recycled materials whenever economically and practically
feasible. In choosing among products or supplies that contain recycled
material, consideration shall be given to products and supplies with the
highest recycled material content that is consistent with the effective and
efficient use of the product or supply.
(d) Wherever economically and practically feasible, the Department of
Central Management Services shall procure recycled paper and paper products
as follows:
(e) Paper and paper products purchased from private vendors
pursuant to printing contracts are not considered paper products for the
purposes of subsection (d). However, the Department of Central Management
Services shall report to the General Assembly on an annual
basis the total dollar value of printing contracts awarded to private
sector vendors that included the use of recycled paper.
(g) The Department of Central Management Services may
adopt regulations to carry out the provisions and
purposes of this Section.
(h) Every State agency shall, in its procurement documents, specify
that, whenever economically and practically feasible, a product to be
procured must consist, wholly or in part, of recycled materials, or be
recyclable or reusable in whole or in part. When applicable, if state
guidelines are not already prescribed, State agencies shall follow USEPA
guidelines for federal procurement.
(i) All State agencies shall cooperate with the Department of Central
Management Services in carrying out this Section. The Department of
Central Management Services may enter into cooperative purchasing
agreements with other governmental units in order to obtain volume
discounts, or for other reasons in accordance with the Governmental Joint
Purchasing Act, or in accordance with the Intergovernmental Cooperation Act
if governmental units of other states or the federal government are involved.
(j) The Department of Central Management Services shall submit an annual
report to the General Assembly concerning its implementation of the
State's collection and recycled paper procurement programs. This report
shall include a description of the actions that the Department of Central
Management Services has taken in the previous fiscal year to implement this
Section. This report shall be submitted on or before November 1 of each year.
(k) The Department of Central Management Services, in
cooperation with all other appropriate departments and agencies of the
State, shall institute whenever economically and practically feasible the
use of re-refined motor oil in all State-owned motor vehicles and the use
of remanufactured and retread tires whenever such use is practical,
beginning no later than July 1, 1992.
(l) (Blank).
(m) The Department of Central Management Services, in coordination with
the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), has implemented an aluminum
can recycling program in all State buildings within 270 days of the effective
date of this amendatory Act of 1997. The program provides for (1) the
collection and storage of used aluminum cans in bins or other appropriate
containers made reasonably available to occupants and visitors of State
buildings and (2) the sale of used aluminum cans to buyers of recyclable
materials.
Proceeds from the sale of used aluminum cans shall be deposited into I-CYCLE
accounts maintained in the Facilities Management Revolving Fund and, subject
to appropriation, shall be used by the Department of Central Management
Services and any other State agency to offset the costs of implementing the
aluminum can recycling program under this Section.
All State agencies having an aluminum can recycling program in place shall
continue with their current plan. If a State agency has an existing recycling
program in place, proceeds from the aluminum can recycling program may be
retained and distributed pursuant to that program, otherwise all revenue
resulting from these programs shall be forwarded to Central Management
Services, I-CYCLE for placement into the appropriate account within the Facilities Management Revolving Fund, minus any operating costs associated with the
program.

(Source: P.A. 101-636, eff. 6-10-20; 102-444, eff. 8-20-21.)
 
(415 ILCS 20/3.1) (from Ch. 111 1/2, par. 7053.1)
Sec. 3.1. Institutions of higher learning.
(a) For purposes of this
Section "State-supported institutions of higher learning" or
"institutions" means the University of Illinois, Southern Illinois
University, the colleges and universities under the jurisdiction of the
Board of Governors of State Colleges and Universities, the colleges and
universities under the jurisdiction of the Board of Regents of Regency
Universities, and the public community colleges subject to the Public
Community College Act.
(b) Each State-supported institution of higher learning shall develop a
comprehensive waste reduction plan covering a period of 10 years
which addresses the management of solid waste generated by academic,
administrative, student housing and other institutional functions. The
waste reduction plan shall be developed by January 1, 1995. The
initial plan required under this Section shall be updated by the
institution every 5 years, and any proposed amendments to the plan shall be
submitted for review in accordance with subsection (f).
(c) Each waste reduction plan shall address, at a minimum, the
following topics: existing waste generation by volume, waste composition,
existing waste reduction and recycling activities, waste collection and
disposal costs, future waste management methods, and specific goals to
reduce the amount of waste generated that is subject to landfill disposal.
(d) Each waste reduction plan shall provide for recycling of
marketable materials currently present in the institution's waste stream,
including but not limited to landscape waste, corrugated cardboard,
computer paper, and white office paper, and shall provide for the
investigation of potential markets for other recyclable materials present in
the institution's waste stream. The recycling provisions of the
waste reduction plan shall be designed to achieve, by January 1, 2000, at
least a 40% reduction (referenced to a base year of 1987) in the amount
of solid waste that is generated by the institution and identified in the
waste reduction plan as being subject to landfill disposal.
(e) Each waste reduction plan shall evaluate the institution's
procurement policies and practices to eliminate procedures which
discriminate against items with recycled content, and to identify products
or items which are procured by the institution on a frequent or repetitive
basis for which products with recycled content may be substituted. Each
waste reduction plan shall prescribe that it will be the policy of
the institution to purchase products with recycled content whenever such
products have met specifications and standards of equivalent products which
do not contain recycled content.
(f) Each waste reduction plan developed in accordance with this
Section shall be submitted to the Agency for review and approval. The Agency's
review shall be
conducted in cooperation with the Board of Higher Education and the
Illinois Community College Board.
(g) The Agency shall provide
technical assistance, technical materials, workshops and other information
necessary to assist in the development and implementation of the
waste reduction plans. The Agency shall develop guidelines and
funding criteria for providing grant assistance to institutions for the
implementation of approved waste reduction plans.

(Source: P.A. 102-444, eff. 8-20-21.)
 
(415 ILCS 20/4) (from Ch. 111 1/2, par. 7054)
Sec. 4.
Projections of Disposal Capacity.
On or before
July 1, 1987, and annually thereafter, the Environmental
Protection Agency shall publish a report regarding the projected
disposal capacity available for solid waste in sanitary landfills
subject to the fee requirements in Section 22.15 of the
Environmental Protection Act. Such reports shall present the
data on an appropriate regional basis. With respect to such
sanitary landfill facilities, the report shall include an
assessment of the life expectancy of each site.

(Source: P.A. 87-895.)
 
(415 ILCS 20/5)
Sec. 5. (Repealed).


(Source: P.A. 94-793, eff. 5-19-06. Repealed by P.A. 100-621, eff. 7-20-18.)
 
(415 ILCS 20/6) (from Ch. 111 1/2, par. 7056)
Sec. 6. The Agency shall be the lead agency for implementation of this Act and
shall have the following powers:
(a) To provide technical and educational assistance for applications of
technologies and practices which will minimize the land disposal of
non-hazardous solid waste; economic feasibility of implementation of solid
waste management alternatives; analysis of markets for recyclable materials
and energy products; application of the Geographic Information
System to provide analysis of natural resource, land use, and environmental
impacts; evaluation of financing and ownership options; and evaluation of
plans prepared by units of local government pursuant to Section 22.15 of
the Environmental Protection Act.
(b) (Blank).
(c) To provide loans or recycling and composting grants to businesses and
not-for-profit and governmental organizations for the purposes of increasing
the quantity of materials recycled or composted in Illinois; developing and
implementing
innovative recycling methods and technologies; developing and expanding
markets for recyclable materials; and increasing the self-sufficiency of
the recycling industry in Illinois. The Agency shall work with and
coordinate its activities with existing for-profit and not-for-profit
collection and recycling systems to encourage orderly growth in the supply
of and markets for recycled materials and to assist existing collection and
recycling efforts.
The Agency shall develop a public education program concerning the
importance of both composting and recycling in order to preserve landfill
space in Illinois.
(d) To establish guidelines and funding criteria for the solicitation of
projects under this Act, and to receive and evaluate applications for
loans or grants for solid waste management projects based upon such
guidelines and criteria. Funds may be loaned with or without interest.
(e) To support and coordinate solid waste research in Illinois, and to
approve the annual solid waste research agenda prepared by the University of
Illinois.
(f) To provide loans or grants for research, development and
demonstration of innovative technologies and practices, including but not
limited to pilot programs for collection and disposal of household wastes.
(g) To promulgate such rules and regulations as are necessary to carry
out the purposes of subsections (c), (d) and (f) of this Section.
(h) (Blank).
The Agency is authorized to accept any and all grants,
repayments of
interest and principal on loans, matching funds,
reimbursements, appropriations, income derived from investments, or other
things of value from the federal or state governments or from any
institution, person, partnership, joint venture, corporation, public or
private.
The Agency is authorized to use moneys available for that purpose, subject
to appropriation, expressly for the purpose of implementing a
loan program according to procedures established pursuant to this Act.
Those moneys shall be used by the Agency for the purpose of
financing additional projects and for the Agency's administrative
expenses related thereto.

(Source: P.A. 102-444, eff. 8-20-21.)
 
(415 ILCS 20/6a) (from Ch. 111 1/2, par. 7056a)
Sec. 6a. The Agency shall:
(Source: P.A. 102-444, eff. 8-20-21.)
 
(415 ILCS 20/6.1) (from Ch. 111 1/2, par. 7056.1)
Sec. 6.1.
(Repealed).

(Source: P.A. 86-776. Repealed by P.A. 89-445, eff. 2-7-96.)
 
(415 ILCS 20/6.2) (from Ch. 111 1/2, par. 7056.2)
Sec. 6.2.
(Repealed).

(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff.
7-1-98.)
 
(415 ILCS 20/6.3) (from Ch. 111 1/2, par. 7056.3)
Sec. 6.3.
(Repealed).

(Source: P.A. 87-1250. Repealed by P.A. 91-798, eff. 7-9-00.)
 
(415 ILCS 20/7) (from Ch. 111 1/2, par. 7057)
Sec. 7. It is the intent of this Act to provide the framework for a
comprehensive solid waste management program in Illinois.
The Department shall prepare and
submit to the Governor and the General Assembly on or before January 1,
1992, a report evaluating the effectiveness of the programs provided under
this Act and Section 22.14 of the Environmental Protection Act; assessing
the need for a continuation of existing programs, development and
implementation of new programs and appropriate funding mechanisms; and
recommending legislative and administrative action to fully implement a
comprehensive solid waste management program in Illinois.
The Department shall investigate the suitability and advisability of
providing tax incentives for Illinois businesses to use recycled products
and purchase or lease recycling equipment and shall report to the Governor
and the General Assembly by January 1, 1987 on the results of this
investigation.
By July 1, 1989, the Department shall
submit to the Governor and members of the General Assembly a waste reduction
report:
The Agency, with the cooperation of the State Board of Education and others as needed, shall develop,
coordinate and conduct an education program for
solid waste management and recycling. The program shall include, but not
be limited to, education for the general public, businesses, government,
educators and students.
The education program shall address, at a minimum, the following topics:
the solid waste management alternatives of recycling, composting, and
source reduction; resource allocation and depletion; solid waste planning;
reuse of materials; pollution prevention; and household hazardous waste.
The Agency shall cooperate with
municipal and county governments,
regional school superintendents, educational service centers, local school
districts, and planning agencies and committees to coordinate local and
regional education programs and workshops and to expedite the exchange of
technical information.
By March 1, 1989, the Department shall prepare a report on strategies
for distributing and marketing landscape waste compost from centralized
composting sites operated by units of local government. The report shall,
at a minimum, evaluate the effects of product quality, assured supply, cost
and public education on the availability of compost, free delivery, and
public sales composting program. The evaluation of public sales programs
shall focus on direct retail sale of bagged compost at the site or special
distribution centers and bulk sale of finished compost to wholesalers for
resale.

(Source: P.A. 101-81, eff. 7-12-19; 102-444, eff. 8-20-21.)
 
(415 ILCS 20/7.1)
Sec. 7.1. (Repealed).


(Source: P.A. 89-445. Repealed by P.A. 100-621, eff. 7-20-18.)
 
(415 ILCS 20/7.2) (from Ch. 111 1/2, par. 7057.2)
Sec. 7.2.
Pesticide containers.
(a) The Department of Agriculture, in
consultation and cooperation with the Environmental Protection Agency,
shall design and implement a pilot pesticide container collection project,
to be completed by June 30, 1991, to:
(1) collect and recycle empty, triple-rinsed pesticide containers;
(2) develop, demonstrate, and promote proper pesticide container
management; and
(3) evaluate current pesticide container management methods and the
cause and extent of problems associated with pesticide containers.
By November 30, 1991, the Department of Agriculture
shall report to the Governor and the General Assembly its conclusions from
the project, and its recommendations for additional legislation or
regulations governing management of pesticide containers.
(b) The Environmental Protection Agency shall develop informational and
educational materials to promote proper methods of pesticide container
management.
(c) The Department of Agriculture shall provide for the establishment and
operation of temporary collection sites for pesticide containers. The
Environmental Protection Agency may limit the type and quantity of
pesticide containers acceptable for collection.
During the pilot project, the Department of Agriculture shall conduct
surveys and collect information on proper and improper pesticide container
storage and disposal.
The Department of Agriculture and any other entity collecting pesticide
containers shall manage and dispose of the containers in compliance with
applicable federal and State requirements.
(d) For the purposes of this Section, the term "pesticide" means a
substance or mixture of substances intended to prevent, destroy, repel, or
mitigate a pest, and a substance or mixture of substances intended for use
as a plant regulator, defoliant, or desiccant.

(Source: P.A. 86-1026.)
 
(415 ILCS 20/7.3)
Sec. 7.3. (Repealed).


(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 100-621, eff. 7-20-18.)
 
(415 ILCS 20/7.4)
Sec. 7.4. (Repealed).


(Source: P.A. 98-463, eff. 8-16-13. Repealed by P.A. 99-933, eff. 1-27-17.)
 
(415 ILCS 20/8)
Sec. 8. (Repealed).


(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 100-621, eff. 7-20-18.)
 
(415 ILCS 20/10)
(This Section was renumbered as Section 7.4 by P.A. 98-463.)
Sec. 10. (Renumbered).

(Source: P.A. 97-853, eff. 1-1-13. Renumbered by P.A. 98-463, eff. 8-16-13.)

Structure Illinois Compiled Statutes