HB5541 Food Waste Composting Permitting Requirements
Summary
Illinois Governor signed HB5541 amending the Environmental Protection Act to establish new permitting requirements for organic waste composting operations and anaerobic digesters. The bill creates exemptions for small-scale operations meeting volume limits and setback distances, and farm-based composting meeting specified environmental safeguards. The IEPA may recommend performance standards for organic waste compost facilities, with the Pollution Control Board authorized to adopt testing procedures for end-product compost.
What changed
HB5541 amends the Illinois Environmental Protection Act to substantially revise the regulatory framework for organic waste management. The bill repeals the definition of "food scrap" and adds comprehensive definitions for "anaerobic digestion", "biogas", "digestate", "food waste", "organic material", and "organic waste", while updating definitions for "compost" and "composting". New permitting requirements are established for organic waste composting operations and organic waste anaerobic digesters, with exemptions for small-scale operations meeting volume limits and setback distances, and for farm-based composting operations meeting specified environmental safeguards.
Affected parties include composting facilities, anaerobic digestion operations, and agricultural operations engaged in on-farm composting. Entities must determine whether they meet exemption criteria or require permitting. The bill authorizes a Technical Advisory Committee with balanced stakeholder representation and grants the IEPA authority to recommend performance standards, with the Pollution Control Board empowered to adopt these standards and testing procedures for compost offered for sale or use. Anaerobic digesters using only non-waste feedstock are exempt from solid waste permitting.
What to do next
- Organic waste composting operations and anaerobic digesters must obtain required permits
- Comply with performance standards and testing procedures adopted by the Pollution Control Board
- Small-scale and farm-based operations should verify they meet exemption criteria (volume limits, setback distances, environmental safeguards)
Archived snapshot
Apr 11, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
ChangeBridge / Illinois / HB5541 Signed by Governor HB5541 House Bill Signed by Governor 2026-04-09
FOOD WASTE&COMPOSTING
Amends the Environmental Protection Act. Repeals the definition of "food scrap"; adds definitions for "anaerobic digestion", "biogas", "digestate", "food waste", "organic material", and "organic waste"; and updates the definitions of "compost" and "composting". In provisions regarding pollution control facilities, includes a new exemption for portions of sites or facilities used for composting or anaerobic digestion of organic waste that meet specified siting, setback, floodplain, and operational requirements. In provisions regarding prohibited acts, establishes permitting requirements for organic waste composting operations and organic waste anaerobic digesters, and creates exemptions for small-scale and certain farm-based composting operations that meet volume limits, setback distances, and other environmental safeguards. Provides that anaerobic digesters using only non-waste feedstock are exempt from solid waste permitting and clarifies that digested material returned to the economic mainstream is not regulated as waste. Authorizes the Environmental Protection Agency to recommend, and the Pollution Control Board to adopt, performance standards for organic waste compost facilities and testing procedures for end-product compost, and requires a Technical Advisory Committee with balanced stakeholder representation. Specifies that standards apply to compost offered for sale or use and exempts on-site residential composting. Makes conforming changes throughout to integrate new definitions and regulatory requirements.
Bill Details
State Illinois
Session 104th General Assembly
Chamber House
Committee Assignments
Official Source www.ilga.gov/Legislation/BillStatus?DocNum...
LegiScan View on LegiScan
Sponsors
Anna Moeller (Rep - D) Sonya Harper (Rep - D) Margaret DeLaRosa (Rep - D) Adriane Johnson (Sen - D)
Action History
2026-04-10 S Referred to Assignments 2026-04-10 S First Reading 2026-04-10 S Chief Senate Sponsor Sen. Adriane Johnson 2026-04-10 S Placed on Calendar Order of First Reading 2026-04-10 S Arrive in Senate 2026-04-09 H Third Reading - Short Debate - Passed 103-000-000 2026-04-09 H Added Co-Sponsor Rep. Margaret A. DeLaRosa 2026-04-09 H Added Chief Co-Sponsor Rep. Sonya M. Harper 2026-04-07 H Placed on Calendar Order of 3rd Reading - Short Debate 2026-04-07 H Second Reading - Short Debate 2026-03-25 H Placed on Calendar 2nd Reading - Short Debate 2026-03-24 H Do Pass as Amended / Short Debate Energy & Environment Committee; 026-000-000 2026-03-24 H House Committee Amendment No. 1 Adopted in Energy & Environment Committee; by Voice Vote 2026-03-24 H House Committee Amendment No. 1 Rules Refers to Energy & Environment Committee 2026-03-23 H House Committee Amendment No. 1 Referred to Rules Committee 2026-03-23 H House Committee Amendment No. 1 Filed with Clerk by Rep. Anna Moeller 2026-03-18 H Assigned to Energy & Environment Committee 2026-02-13 H Referred to Rules Committee 2026-02-13 H First Reading 2026-02-06 H Filed with the Clerk by Rep. Anna Moeller
Committee Referrals
2026-02-13 H Rules 2026-03-18 H Energy & Environment 2026-03-23 H Rules 2026-03-24 H Energy & Environment 2026-04-10 S Assignments
Amendments
2026-03-23 House Amendment 001
Bill Text Versions
2026-02-06 Introduced 2026-04-07 Engrossed Legislative data powered by LegiScan (CC BY 4.0)
Named provisions
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