Compost-Related Legislation in Illinois



Public Act 96-0418 (effective 1/1/2010) was passed by the Illinois legislature in 2009, making it possible to add food scrap to a yard waste composting operation in Illinois without going through the state’s lengthy and expensive siting process, provided that the food scraps constitute no more than 10% of the total volume handled at the facility. To date 10 of the 45 active compost facilities in Illinois are now permitted to accept food scrap along with yard waste.


Public Act 98-0239 (effective 8/9/2013) opened up new opportunities for farmers in urban and suburban areas to bring in material from off site for composting and also for community gardens to compost.


Public Act 98-0146 (effective 1/1/2014) allowed two landscape-waste transfer stations to pilot food scraps collection in combination with yard waste. The two test sites are: Midwest Compost in Bartlett & Waste Management in Stickney. These pilots, which were extended in 2015, aim to show that this method of material collection, transfer, and processing can be done well and successfully so that we have a new avenue for food scraps. The law does not have any tonnage limitations, but the processors will proceed with care and sustainable materials management. The statute allows leeway for the sites to develop the best practice models as they go.

Public Act 098-0731 (effective 7/16/2014) authorizes MWRD to accept materials such as food scraps, other organics, fats, oils and grease to help in the generation of renewable energy, and to sell the renewable energy resources resulting from the operation of MWRD’s facilities (AD).


Public Act 99-0011 (effective 7/10/2015) allows and regulates temporary and permanent drop offs for organic waste, much like recycling drop offs. Does not require IEPA permit for such facilities as long as statutory requirements are met. Through this legislation, composting service can be offered to residents. This is a great educational opportunity and a first step in food scrap diversion infrastructure.

Public Act 99-0440 (effective 8/21/2015) extends a pilot program that will allow certain landscape waste composting facilities to also take food scrap, added a third location in Lake County. It will help develop haul infrastructure for organic wastes.

Public Act 99-0306 (effective 1/1/2016) extends the state’s policy of support for recycling labeling laws to composting and biodegradable materials.

Public Act 99-0034 (effective 7/14/2015) requires state agencies responsible for the maintenance of public lands to review their procurement policies and specifications to determine if incorporating compost materials would help reduce runoff and increase infiltration in land maintenance activities and to report their findings to the General Assembly by December 15, 2015. The IFSC is not sure this study was ever completed.


Public Act 100-0094 (SB 1456): allows a landscape waste transfer station in Lake County to accept food scraps without going through local siting process, must obtain a demonstration permit from IEPA. This bill was passed due to PA 99-0440 expiring after two years for the same landscape waste transfer station.


Public Act 100-0951 (effective 1/1/2019) requires IDOT to conduct two pilot demonstrations using compost amended soil (that meets STA standard or equivalent) prior to December 31, 2019 and to report its findings to the General Assembly within one year of the completion of the pilot studies. Also requires any state agency that undertakes a landscaping project, requiring the use of offsite soil for landscape-related use and that is located within 10 miles of any IEPA permitted compost facility, to request a separate bid for compost amended soil as part of that project. If the cost for the compost amended soil is equal to or less than soil, the project must use the compost amended soil.

Public Act 100-0709 (effective 8/3/2018) requires each State agency with a contract for purchasing food to adopt a policy that permits food donation of leftover food procured with State funds. Policy is applicable to daily food operations and one-time events and must include a list of nearby soup kitchens, food pantries and other non-profit organizations where leftover food can be donated.

To read text of any enacted Illinois Public Acts, you may search by act number at this site: