7-28-715 Composting standards.

   (1)   Any composting operation which meets the qualifications of paragraphs (3), (4) or (5) of this section shall be exempt from the permit requirements of Chapter 11-4 of this Code.

   (2)   General composting standards. All composting operations which meet the qualifications of paragraphs (3), (4) or (5) shall promote proper conditions for composting and shall operate under the following standards, in addition to all applicable local, state and federal laws, rules and regulations:

      (a)   Nuisance. In no event shall any composting activity be conducted in a manner which creates an odor, litter, dust or noise nuisance, or attracts vectors or pests.

      (b)   Rat and other vector control. The presence of insects, rodents, birds and other vectors or pests shall be controlled through specific measures. These specific measures may include grinding the ingredients, providing screens or netting, or conducting the composting operation in-vessel.

      (c)   Surface water. The composting operation shall be located or designed and constructed to prevent the composting material and compost from sitting in ponded surface water. In no event shall any composting activity be conducted in a manner which creates standing water resulting from leachate.

      (d)   Mixing. Composting material shall be mixed or turned at regular intervals as conditions mandate to re-mix ingredients, distribute moisture, rebuild porosity and aid in physical breakdown until composting is complete.

      (e)   [Reserved.]

      (f)   Sewage restriction. The composting material shall not contain sewage, sludge, septage or catch basin waste. For the purposes of this section, “sewage” shall have the meaning ascribed to it in Section 11-4-120 of this Code; “sludge” shall mean any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics or effects; “septage” shall mean the waste found in a septic tank; and “catch basin waste” shall mean the waste found in a catch basin.

   (3)   (i)   Tier I garden composting operation. A composting operation that composts only landscape waste, whether or not generated on-site, shall be exempt from the permit requirements of Chapter 11-4 of this Code if it meets the following criteria:

         (a)   Ingredients. The composting operation composts only landscape waste.

         (b)   Noncommercial. The composting operation is not engaged in commercial activities related to composting, the acceptance of landscape waste or commercial landscaping.

         (c)   Size. The composting operation contains no more than a total of 10 cubic yards of landscape waste, composting material and end product compost on-site at any one time, unless express written authorization has been issued by the commissioner of streets and sanitation allowing a greater volume, not to exceed 25 cubic yards.

         (d)   Compost use. All generated compost must be used on-site.

   (3)   (ii)   Tier II garden composting operation. A composting operation that composts only landscape waste and limited organic waste, whether or not generated on-site, shall be exempt from the permit requirements of Chapter 11-4 of this Code if it meets the following criteria:

         (a)   Ingredients. The composting operation composts only landscape waste and limited organic waste. The limited organic waste shall not exceed 10% of the total material in the process of being composted on-site at any one time.

         (b)   Processing. All limited organic waste that constitutes food scrap must be processed into the composting operation by the end of the day it was generated on-site or received from off-site. Other limited organic waste must be processed into the composting operation or be contained in a properly maintained covered steel or rigid plastic container by the end of the day it was generated on-site or received from off-site.

         (c)   Record keeping. The operator shall, in a form prescribed by the commissioners, maintain on site and shall make available for inspection records of all limited organic waste received from off-site.

         (d)   Compost use. All generated compost must be used on-site.

         (e)   Noncommercial. The composting operation is not engaged in commercial activities related to composting, the acceptance of limited organic waste or landscape waste, or commercial landscaping.

         (f)   Size. The composting operation contains no more than a total of 10 cubic yards of landscape waste, limited organic waste, composting material and end product compost on-site at any one time, unless express written authorization has been issued by the commissioner of streets and sanitation allowing a greater volume, not to exceed 25 cubic yards.

   (3)   (iii)   Registration. Any operator shall annually register with the city's on-line or other registration portal, or a third party registration portal approved by the commissioners by rule. Such registration must include the name and contact information of the operator, the name and contact information of the owner, the name and contact information of the individual principally in charge of the site operations (if different from the operator), and any other information that may be required by the commissioners by rule. The operator must keep such information current as provided by the commissioners by rule.

   (4)   On-site organic waste composting operation. A composting operation that composts food scrap and/or non-hazardous carbonaceous waste, whether or not landscape waste is added to the composting mixture, shall be exempt from the permit requirements of Chapter 11-4 of this Code if it meets the following criteria:

      (a)   Ingredients. The composting operation composts only organic waste that is generated on-site.

      (b)   In-vessel requirement. Any composting of food scrap and/or non-hazardous carbonaceous waste is conducted in-vessel. This requirement also applies to mixtures of landscape wastes with these wastes.

      (c)   Size. The composting operation contains no more than a total of 5 cubic yards of landscape waste, composting material and end product compost on-site at any one time, unless express written authorization has been issued by the commissioner of streets and sanitation allowing a greater volume.

      (d)   Compost use. All generated compost is used on-site.

   (5)   In addition to those composting operations described in paragraphs (3) and (4), all composting operations which meet the criteria for a permit-exempt facility pursuant to 35 Illinois Admin. Code Section 830.105 shall meet the standards of paragraph (2)(a) through (f) of this section, in addition to all applicable local, state and federal laws, rules and regulations.

   (6)   Enforcement provisions. Any person that violates this section or any rule or regulation promulgated thereunder and is not operating under a permit under Chapter 11-4 that permits composting shall be fined not less than $300 nor more than $600 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply. In addition, if any person violates this section, the commissioner of health may issue an emergency or non-emergency cessation or abatement order in accordance with Section 11-4-025 of this Code.

   (7)   The commissioner is authorized to enforce this section and rules and regulations promulgated thereunder. The commissioners are authorized to administer this section and to jointly adopt and promulgate reasonable rules and regulations pertaining to the administration and enforcement of this section.

(Added Coun. J. 4-11-07, p. 102577, § 1; Amend Coun. J. 7-29-15, p. 4110, § 1)