35 Ill. Adm. Code 830.106
On-Farm Landscape Waste Compost Facility
Section 830
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)