Ill. Admin. Code tit. 35 § 830.106

Current through Register Vol. 48, No. 49, December 6, 2024

Section 830.106 - On-Farm Landscape Waste Compost Facility

a) A landscape compost operation on a farm must satisfy all of the following criteria:

1) The composting facility is operated by the farmer on property on which the composting material is utilized, and the composting facility constitutes no more than 2% of the property's total acreage, except that the Agency may allow a higher percentage for individual sites where the owner or operator has demonstrated to the Agency that the site's soil characteristics or crop needs require a higher rate;

2) The property on which the composting facility is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with or controlled by any such waste hauler or generator;

3) All compost generated by the composting facility is applied at agronomic rates and used as mulch, fertilizer or soil conditioner on land actually farmed by the person operating the composting facility, and the finished compost is not stored at the composting site for a period longer than 18 months prior to its application as mulch, fertilizer, or soil conditioner; and

4) All composting material was placed more than 200 feet from the nearest potable water supply well, was placed outside the boundary of the 10-year floodplain or on a part of the site that is floodproofed, was placed at least 1/4 mile from the nearest residence (other than a residence located on the same property as the facility) and there are not more than 10 occupied non-farm residences within 1/2 mile of the boundaries of the site on the date of application, and was placed more than 5 feet above the water table.

b) The owner or operator, by January 1, 1991 (or the January 1 following commencement of operation, whichever is later) and January 1 of each year thereafter shall:

1) register the site with the Agency, by obtaining an Illinois Inventory Identification Number from the Agency;

2) File a report with the Agency, on a form provided by the Agency, certifying at a minimum:

A) The volume of composting material received and used at the site during the previous calendar year; and

B) The volume of compost produced during the previous calendar year;

C) That the facility is in compliance with the requirements set forth in subsection (a) of this Section. (Section 21 of the Act)

Ill. Admin. Code tit. 35, § 830.106