Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 830 - STANDARDS FOR COMPOST FACILITIES › Subpart B - STANDARDS FOR OWNERS AND OPERATORS OF LANDSCAPE WASTE COMPOST FACILITIES › Section 830.203 - Location Standards for Landscape Waste Compost Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) With the
				exception of on-farm landscape waste operations, all landscape waste compost
				facilities subject to this Part shall comply with the following:
1) The composting area of the facility must
				include a setback of at least 200 feet from the nearest potable water supply
				well. (Section 39(m) of the Act)
2)
				The composting area of the facility must be located outside the boundary of the
				10-year floodplain or the site shall be floodproofed. (Section 39(m) of the
				Act)
3) The composting area of the
				facility must be located so as to minimize incompatibility with the character
				of the surrounding area, including at least a 200 foot setback from any
				residence, and in the case of a facility that is developed or the permitted
				composting area of which is expanded after November 17, 1991, the composting
				area shall be located at least 1/8 mile from the nearest residence (other than
				a residence located on the same property as the facility). (Section 39(m) of
				the Act) In addition, in the case of a facility that is developed or the
				permitted composting area of which is expanded after January 1, 1999, the
				composting area shall be located at least 
				1/8 mile from the
				property line of each of the following:
A)
				Facilities that primarily serve to house or treat people that are
				immunocompromised or immunosuppressed, such as cancer or AIDS patients; people
				with asthma, cystic fibrosis, or bioaerosol allergies; or children under the
				age of one year;
B) Primary and
				secondary schools and adjacent areas that the school uses for recreation;
				and
C) Any facility for child care
				licensed under Section 3 of the Child Care Act of 1969 [225 ILCS
				10/3 ]; preschools; and adjacent areas that the
				facility or preschool uses for recreation.
4) If, at the time the facility permit
				application is deemed complete by the Agency pursuant to 35 Ill. Adm. Code 832,
				the composting area of the facility is located within 
				1/4 mile of the
				nearest off-site residence or within 1/2 mile of the nearest platted
				subdivision containing a residence, or if more than 10 residences are located
				within 1/2 mile of the boundaries of the facility, in order to minimize
				incompatibility with the character of the surrounding area, landscape waste
				must be processed by the end of the operating day on which the landscape waste
				is received into windrows, other piles or a contained composting system
				providing proper conditions for composting.
5) The composting area of the facility must
				be designed to prevent any compost material from being placed within 5 feet of
				the water table, to adequately control runoff from the site, and to collect and
				manage any landscape waste leachate that is generated on the site. (Section
				39(m) of the Act) Compliance with the water table distance requirement may be
				demonstrated by either of the following means:
A) Using published water table maps or other
				published documentation to establish the location of the water table in
				relation to site elevation; or
B)
				Actual measuring of the water table elevation at least once per month for three
				consecutive months.
6)
				The facility must meet all requirements under the Wild and Scenic Rivers Act (
				16 USC
				1271 et seq.).
7) The facility must not restrict the flow of
				a 100-year flood, result in washout of landscape waste from a 100-year flood,
				or reduce the temporary water storage capacity of the 100-year floodplain,
				unless measures are undertaken to provide alternative storage capacity, such as
				lagoons, holding tanks, or provision of drainage around structures at the
				facility.
8) The facility must not
				be located in any area where it may pose a threat of harm or destruction to the
				features for which:
A) An irreplaceable
				historic or archaeological site has been listed pursuant to the National
				Historic Preservation Act (
				16 USC 470
				et seq.) or the Illinois Historic Preservation Act [20 ILCS 3410 ];
B) A natural landmark has been designated by
				the National Park Service or the Illinois State Historic Preservation Office;
				or
C) A natural area has been
				designated as a Dedicated Illinois Nature Preserve pursuant to the Illinois
				Natural Areas Preservation Act [525 ILCS 30 ].
9) The facility must not be located in any
				area where it may jeopardize the continued existence of any designated
				endangered species, result in the destruction or adverse modification of the
				critical habitat for such species, or cause or contribute to the taking of any
				endangered or threatened species of plant, fish or wildlife listed pursuant to
				the Endangered Species Act (
				16
				USC 1531 et seq.) or the Illinois Endangered
				Species Protection Act [520 ILCS 10 ].