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East Dundee City Zoning Code

LANDSCAPE WASTE

COMPOST FACILITIES; PERFORMANCE STANDARDS

§ 157.265 SCOPE; APPLICABILITY.

   (A)   All landscape waste compost facilities shall be permitted by the Illinois Environmental Agency and a copy of that permit shall be filed with the village.
   (B)   Permitted landscape waste compost facilities are subject to the minimum performance standards in § 157.267, the location standards in § 157.268, the additional operating standards and requirements in §§ 157.269 through 157.278, and the end-product quality standards of §§ 157.279 through 157.284.
   (C)   Landscape waste compost facilities shall comply with all regulations of Title 35, Subtitle G, Chapter I, Subchapter i, Part 830 of the Illinois Administrative Code adopted by reference.
(Ord. 14-21, passed 7-21-2014)

§ 157.266 DEFINITIONS.

   Unless otherwise provided the definitions in Section 3 of the Environmental Protection Act (ILCS Ch. 415, Act 5, § 3) and Section 830.102 of Title 35 of the Illinois Administrative Code are hereby adopted by reference in these performance standards and the following terms shall have the meanings as ascribed below:
   ACT. The Illinois Environmental Protection Act (ILCS Ch. 415, Act 5) including any amendments thereto.
   AGENCY. The Illinois Environmental Protection Agency.
   BOARD. The Illinois Pollution Control Board as defined in the Act.
   MUNICIPALITY. The Village of East Dundee.
(Ord. 14-21, passed 7-21-2014)

§ 157.267 MINIMUM PERFORMANCE STANDARDS AND REPORTING REQUIREMENTS FOR LANDSCAPE WASTE COMPOST FACILITIES.

   All landscape waste compost facilities subject to these performance standards and shall comply with the following requirements:
   (A)   The composting material shall not contain any domestic sewage, sewage sludge or septage.
   (B)   Any bulking agent used which is otherwise a waste as defined at Section 3.53 of the Act (ILCS Ch. 415, Act 5, § 3.53), other than landscape waste, may only be used as authorized by the Agency in writing or by permit.
   (C)   The operator shall take specific measures to control odors and other sources of nuisance so as not to cause or contribute to a violation of the Act or these performance standards. Specific measures an operator should take to control odor include but are not limited to: adherence to the contents of the odor minimization plan required at division (E). Specific measures an operator should take to control other sources of nuisance include preventative measures to control litter, vectors, and dust and noise generated from truck or equipment operation.
   (D)   The operator shall have available for inspection a plan for the intended purposes of end-product compost and a contingency plan for handling end-product compost and composting material that does not meet the general use compost standards set forth in § 157.281. Such a plan may include, but is not limited to, consideration of the following: on-site usage; identification of potential buyers including but not limited to gardeners, landscapers, vegetable farmers, turf growers, operators of golf courses, and ornamental crop growers; maintaining consistent product quality for such factors as stability, color, texture, odor, pH, and man-made inerts; and removal of end-product compost that cannot be used in the expected manner because it does not meet the general use compost standards. (Section 22.33(a)(4) of the Act (ILCS Ch. 415, Act 5, § 22.33(a)(4).)
   (E)   The operator shall have a plan for minimizing odors. The plan must include:
      (1)   Specifications of a readily-available supply of bulking agents, additives or odor control agents;
      (2)   Procedures for avoiding delay in processing and managing landscape waste during all weather conditions;
      (3)   Methods for taking into consideration the following factors prior to turning or moving composting material:
         (a)   Time of day;
         (b)   Wind direction;
         (c)   Percent moisture;
         (d)   Estimated odor potential; and
         (e)   Degree of maturity.
   (F)   Landscape waste must be processed within five days after receipt into windrows or other piles which promote proper conditions for composting. Incoming leaves, brush or woody landscape waste may be stored in designated areas for use as a carbon source and bulking agent, rather than being processed into windrows or other piles.
   (G)   The facility must be designed and constructed so that runon is diverted around the composting area. The runoff from the facility resulting from precipitation less than or equal to the ten- year, 24-hour precipitation event must be controlled so as not to cause or contribute to a violation of the Act (ILCS Ch. 415, Act 5).
   (H)   The facility must be constructed and maintained to have an accessible clear space between windrows or other piles, suitable for housekeeping operations, visual inspection of piling areas and fire fighting operations.
   (I)   The operator shall post permanent signs at each entrance, the text of which specifies in letters not less than three inches high:
      (1)   The name and mailing address of the operation;
      (2)   The operating hours;
      (3)   Materials which can be accepted; and
      (4)   The statement, "COMPLAINTS CONCERNING THIS FACILITY CAN BE MADE TO THE FOLLOWING PERSONS, followed by the name and telephone number of the operator, and the name and telephone number of the Bureau of Land, Illinois Environmental Protection Agency, Springfield, Illinois.
   (J)   General use compost, if offered for sale or use, must meet the performance standards set forth in § 157.281.
   (K)   Reporting requirements.
      (1)   The operator of any facility required, pursuant to 35 Ill. Adm. Code 831, to have a permit shall submit a written annual statement to the village, on a form provided by the Agency, on or before April 1 of each year that includes:
         (a)   An estimate of the amount of material, in tons, received for composting in the previous calendar year (Section 39(m) of the Act (ILCS Ch. 415, Act 5, § 39(m));
         (b)   An estimate of the amount and disposition of compost material (i.e., end-product compost, chipped/shredded brush) in the previous calendar year; and
         (c)   A composting facility financial assurance plan compliance certification from the Agency.
   (L)   Closure.
      (1)   Unless otherwise authorized in a facility permit, all landscape waste, composting material, end-product compost, and additives must be removed from the facility within 180 days following the beginning of closure.
      (2)   An operator of a facility regulated under this subchapter shall close the facility in a manner which:
         (a)   Minimizes the need for further maintenance; and
         (b)   Controls, minimizes or eliminates the release of landscape waste, landscape waste constituents, landscape waste leachate, and composting constituents to the groundwater or surface waters or to the atmosphere to the extent necessary to prevent threats to human health or the environment.
      (3)   By April 1 of the year following completion of closure, the operator of a facility required to report shall file a report with the village verifying that closure was completed in accordance with this division (L) in the previous calendar year.
   (M)   Odor complaints.
      (1)   For every odor complaint received, the operator shall:
         (a)   Record and report to the village within 24 hours after receiving the complaint, the date and time received, the name of complainant, the address and phone number of complainant, if volunteered upon request, and the name of the personnel receiving the complaint.
         (b)   Record the date, time, and nature of any action taken in response to an odor complaint, and report such information to the village within seven days after the complaint.
(Ord. 14-21, passed 7-21-2014)

§ 157.268 LOCATION STANDARDS FOR LANDSCAPE WASTE COMPOST FACILITIES.

   (A)   All landscape waste compost facilities 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 (ILCS Ch. 415, Act 5, § 39(m).)
      (2)   The composting area of the facility must be located outside the boundary of the ten-year floodplain or the site shall be floodproofed. (Section 39(m) of the Act (ILCS Ch. 415, Act 5, § 39(m).)
      (3)   The composting area of the facility must be located so as to minimize incompatibility with the character of the surrounding area, including that the composting area shall be located at least one-eighth mile from the nearest residence (other than a residence located on the same property as the facility). (Section 39(m) of the Act (ILCS Ch. 415, Act 5, § 39(m).) In addition, the composting area shall be located at least one-eighth 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 (ILCS Ch. 225, Act 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 one-quarter mile of the nearest off-site residence or within one-half mile of the nearest platted subdivision containing a residence, or if more than ten residences are located within one-half 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 five 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 (ILCS Ch. 415, Act 5, § 39(m).) 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 (ILCS Ch. 20, Act 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 (ILCS Ch. 525, Act 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 (ILCS Ch. 520, Act 10).
   (B)   A facility's compliance with the location standards set forth in division (A) of this section shall be determined at the time described below:
      (1)   At the time that a complete permit application for a new or expanded facility is filed with the Agency under 35 Ill. Adm. Code 832; or
      (2)   For a facility that is not required to obtain a permit under Section 21(d) of the Act (ILCS Ch. 415, Act 5, § 21(d)), at the time that construction of the new or expanded facility begins.
(Ord. 14-21, passed 7-21-2014)

§ 157.269 ADDITIONAL STORMWATER AND LANDSCAPE WASTE LEACHATE CONTROLS AT PERMITTED LANDSCAPE WASTE COMPOST FACILITIES.

   All permitted landscape waste compost facilities must comply with the following:
   (A)   Stormwater or other water which comes into contact with landscape waste received, stored, processed or composted, or which mixes with landscape waste leachate, must be considered landscape waste leachate and must be collected and reused in the process, properly disposed of off-site, or treated as necessary prior to discharge off-site to meet applicable standards of 35 Ill. Adm. Code Subtitle C.
   (B)   Ponding of landscape waste leachate within the facility must be prevented, except to the extent done by design and approved in the facility permit.
   (C)   Soil surfaces used for composting must be allowed to dry periodically in order to promote aerobic conditions in the soil subsurface.
(Ord. 14-21, passed 7-21-2014)

§ 157.270 ADDITIONAL OPERATING STANDARDS FOR PERMITTED LANDSCAPE WASTE COMPOST FACILITIES.

   All permitted landscape waste compost facilities must comply with the following operating standards:
   (A)   Composting process.
      (1)   All permitted landscape waste compost facilities must meet the following composting process standards:
         (a)   Landscape waste must be processed within 24 hours after receipt at the facility into windrows, other piles or a contained composting system providing proper conditions for composting. Incoming leaves, and brush or woody landscape waste, may be stored in designated areas for use as a carbon source and bulking agent, if so provided as a permit condition, rather than being processed in windrows or other piles.
         (b)   Unless the facility is designed for anaerobic composting, the operator shall take measures to adjust the oxygen level, as necessary, to promote aerobic composting. Aeration intensity must be altered to suit the varying oxygen requirements that different landscape wastes may have.
         (c)   The operator shall take measures to maintain the moisture level of the composting material within a range of 40% to 60% on a dry weight basis.
         (d)   The staging area must be adequate in size and design to facilitate the unloading of landscape waste from delivery vehicles and the unobstructed maneuvering of vehicles and other equipment.
         (e)   Neither landscape waste nor composting material may be mixed with end-product compost ready to be sold or offered for use. This prohibition shall not apply to the use of end-product compost as an amendment to composting material.
         (f)   The facility must have sufficient equipment and personnel to process incoming volumes of landscape waste accepted within the time frames required in this section, and sufficient capacity to handle projected incoming volumes of landscape waste.
         (g)   The operator shall obtain written authorization from the Agency to use any additive, other than water, prior to its use. Unless otherwise authorized any additive, or combination of additives, other than water, must not exceed 10%, by volume, of the composting material.
      (2)   An operator of a permitted landscape waste compost facility using an open composting process shall turn each windrow or other pile at least four times per year and not less than once every six months. This provision does not apply to composting systems designed for anaerobic conditions.
      (3)   An operator of a permitted landscape waste compost facility using a contained composting process shall have mechanisms to control moisture, air flow and air emissions. These mechanisms must be operated and maintained throughout the landscape waste composting process as specified in any permit required pursuant to 35 Ill. Adm. Code 831.
      (4)   Operators of permitted facilities required to process composting material to further reduce pathogens shall comply with the applicable thermal processing requirement among the following:
         (a)   If the facility uses a windrow composting process, during a 15 consecutive day period the temperature throughout each windrow must be maintained at 55 degrees Celsius or greater and, during the same period, each windrow must be turned a minimum of five times;
         (b)   If the facility uses an aerated static pile composting process, the composting material must be covered with six to 12 inches of insulating material, and the temperature throughout each pile material must be maintained at 55 degrees Celsius or greater for three consecutive days; and
         (c)   If the facility uses an in-vessel composting process, the temperature of the composting material throughout the mixture must be maintained at 55 degrees Celsius or greater for three consecutive days.
   (B)   Composting surface.
      (1)   Open composting processes.
         (a)   Composting areas must be:
            1.   Located on relatively impermeable soils, as demonstrated by actual measurement;
            2.   Located on a base with resistance to saturated flow equivalent to the resistance of relatively impermeable soil; or
            3.   Subject to an early detection and monitoring program, pursuant to division (M)(3) of this section.
         (b)   The composting surface must be constructed and maintained to allow:
            1.   Diversion of runon waters away from the landscape waste and compost;
            2.   Management of runoff waters and landscape waste leachate; and
            3.   Facility operation during all weather conditions.
         (c)   The surface of the landscape waste composting area of the facility must be sloped at 2% or greater unless an alternative water management system to promote drainage and to prevent surface water ponding is approved in the facility permit.
      (2)   Contained composting processes.
         (a)   Composting areas at facilities at which composting material or leachate comes into contact with an open surface must be:
            1.   Located on relatively impermeable soils, as demonstrated by actual measurement;
            2.   Located on a base with resistance to saturated flow equivalent to the resistance of relatively impermeable soil; or
            3.   Subject to an early detection and groundwater monitoring program.
         (b)   The composting surface must support all structures and equipment.
   (C)   Utilities. All utilities necessary for safe operation in compliance with the requirements of this subchapter, including, but not limited to, lights, power, water supply and communications equipment, must be available at the facility at all times.
   (D)   Maintenance. The operator shall maintain and operate all systems and related appurtenances and structures in a manner that facilitates proper operations in compliance with the requirements of this subchapter. If a breakdown of equipment occurs, standby equipment must be used or additional equipment brought on site as necessary to comply with the requirements of this subchapter and any pertinent permit conditions.
   (E)   Open burning. Open burning is prohibited except in accordance with 35 Ill. Adm. Code 200 through 245.
   (F)   Dust control. The operator shall implement methods for controlling dust in accordance with Subparts B and K of 35 Ill. Adm. Code 212.
   (G)   Noise control. The facility must be designed, constructed, operated and maintained so as not to cause or contribute to a violation of 35 Ill. Adm. Code 900 through 905 or of Section 24 of the Act (ILCS Ch. 415, Act 5, § 24).
   (H)   Vector control. Insects, rodents, and other vectors must be controlled so as not to cause or contribute to a violation of the Act (ILCS Ch. 415, Act 5).
   (I)   Fire protection. The operator shall institute fire protection measures including, but not limited to, maintaining a supply of water and radio or telephone access to the nearest fire department. Fire extinguishers must be provided at two separate locations within the facility.
   (J)   Litter control. The operator shall control litter at the facility. At a minimum:
      (1)   The operator shall patrol the facility daily to check for litter accumulation. All litter must be collected in a secure container for later disposal; and
      (2)   Litter must be confined to the property on which the facility is located. At the conclusion of each day of operation, any litter strewn beyond the confines of the facility must be collected and
disposed of at a facility approved to receive such waste in accordance with the applicable Board regulations.
   (K)   Management of non-compostable wastes. The operator shall develop management procedures for collection, containment and disposal of non-compostable wastes received at the facility. Disposal must be at a facility approved to receive such waste in accordance with applicable Board regulations at 35 Ill. Adm. Code 810 through 815.
   (L)   Mud tracking. The operator shall implement measures, such as the use of wheel washing units or rumble strips, to prevent tracking of mud by delivery vehicles onto public roadways.
   (M)   Monitoring.
      (1)   At a minimum, for batch, windrow and pile systems:
         (a)   The temperature of each batch, windrow or pile of composting material must be monitored on a weekly basis;
         (b)   The moisture level in each batch, windrow or pile of composting material must be monitored once every two weeks; and
         (c)   For aerobic composting, the oxygen level of each batch, windrow or pile of composting material must be monitored weekly.
      (2)   At a minimum, for in-vessel continuous feed systems:
         (a)   The temperature of the composting material must be monitored daily;
         (b)   The moisture of the composting material must be monitored daily, unless otherwise authorized by the Agency in a facility permit; and
         (c)   For aerobic composting by means of an in-vessel continuous feed system, the oxygen level of the composting material must be monitored daily.
      (3)   Early detection and groundwater monitoring, if required pursuant to § 157.270, shall be done in accordance with 35 Ill. Adm. Code 830, Appendix A.
(Ord. 14-21, passed 7-21-2014)

§ 157.271 OPERATING PLAN FOR PERMITTED LANDSCAPE WASTE COMPOST FACILITIES.

   All activities at a permitted facility associated with composting must be conducted in accordance with an operating plan containing, at a minimum, the following information:
   (A)   Designation of personnel, by title, responsible for operation, control and maintenance of the facility;
   (B)   A description of the anticipated quantity and variation throughout the year of waste to be received;
   (C)   Methods for measuring incoming waste;
   (D)   Methods to control the types of waste received, and methods for removing, recovering and disposing of non-compostables;
   (E)   Methods to control traffic and to expedite unloading;
   (F)   Management procedures that will be used in composting, which must include:
      (1)   A description of any treatment the wastes will receive prior to windrowing (e.g., chipping, shredding) and the maximum length of time required to process each day's receipt of waste into windrows;
      (2)   The specifications to which the windrows will be constructed (width, height, and length) and calculation of the capacity of the facility;
      (3)   A list of additives, including the type, amount and origin, that will be used to adjust moisture, temperature, oxygen transfer, pH, carbon to nitrogen ratio, or biological characteristics of the composting material, and rates and methods of application of such additives; and
      (4)   An estimate of the length of time necessary to complete the composting process;
   (G)   Methods to minimize odors. The operating plan must include:
      (1)   A management plan for bad loads;
      (2)   A demonstration that the processing and management of anticipated quantities of landscape waste can be accomplished during all weather conditions;
      (3)   Procedures for receiving and recording odor complaints, investigating immediately in response to any odor complaints to determine the cause of odor emissions, and remedying promptly any odor problem at the facility;
      (4)   Additional odor-minimizing measures, which may include the following:
         (a)   Avoidance of anaerobic conditions in the composting material;
         (b)   Use of mixing for favorable composting conditions;
         (c)   Formation of windrows or other piles into a size and shape favorable to minimizing odors; and
         (d)   Use of end-product compost as cover to act as a filter during early stages of composting;
   (H)   Methods to control stormwater and landscape waste leachate;
   (I)   Methods to control noise, vectors and litter;
   (J)   Methods to control dust emissions, which must include:
      (1)   Consideration of the following factors prior to turning or moving the composting material:
         (a)   Time of day;
         (b)   Wind direction;
         (c)   Percent moisture;
         (d)   Estimated emission potential; and
         (e)   Degree of maturity; and
      (2)   Maintenance of roads, wetting of roads, use of dust control agents, or any combination of these methods;
   (K)   Methods for monitoring temperature, oxygen level and moisture level of the composting material;
   (L)   Methods for adjusting temperature, oxygen level and moisture level of the composting material;
   (M)   Recordkeeping and reporting procedures; and
   (N)   Methods to obtain composite samples and test end-product compost to demonstrate compliance.
(Ord. 14-21, passed 7-21-2014)

§ 157.272 SALVAGING AT PERMITTED LANDSCAPE WASTE COMPOST FACILITIES.

   (A)   Salvaging operations at permitted landscape waste compost facilities must not interfere with the operation of the landscape waste facility or result in a violation.
   (B)   All salvaging operations must be performed in a safe and sanitary manner in compliance with the requirements of these performance standards.
   (C)   Salvageable materials:
      (1)   May be accumulated on-site by the operator, provided they are managed so as not to create a nuisance, harbor vectors, cause maiodors, or create an unsightly appearance; and
      (2)   Must not be accumulated in a manner meeting the definition of a waste pile.
(Ord. 14-21, passed 7-21-2014)

§ 157.273 ACCESS CONTROL AT PERMITTED LANDSCAPE WASTE COMPOST FACILITIES.

   The operator of a permitted landscape waste compost facility shall implement controls to limit unauthorized access, in order to prevent random dumping and to ensure safety at the facility.
(Ord. 14-21, passed 7-21-2014)

§ 157.274 LOAD CHECKING AT PERMITTED LANDSCAPE WASTE COMPOST FACILITIES.

   (A)   Each load received must be inspected, upon receipt, for its acceptability at the facility and must be visually checked, prior to processing, for noncompostable waste.
   (B)   The facility must reject unacceptable loads.
(Ord. 14-21, passed 7-21-2014)

§ 157.275 PERSONNEL TRAINING FOR PERMITTED LANDSCAPE WASTE COMPOST FACILITIES.

   (A)   The operator of a permitted landscape waste compost facility shall provide training to all personnel prior to initial operation of a composting facility. In addition, annual personnel training shall be provided, which must include, at a minimum, a thorough explanation of the operating procedures for both normal and emergency situations.
   (B)   New employees shall be trained, prior to participating in operations at the facility, in facility operations, maintenance procedures, and safety and emergency procedures relevant to their employment.
   (C)   The operator shall have personnel sign an acknowledgement stating that they have received the training required pursuant to this section.
   (D)   The facility operating plan must be made available and explained to all employees.
(Ord. 14-21, passed 7-21-2014)

§ 157.276 RECORDKEEPING FOR PERMITTED LANDSCAPE WASTE COMPOST FACILITIES.

   (A)   Copies of the facility permit, design plans, operating plan, and any required reports must be kept at the facility, or at a definite location specified in the operating plan or permit, so as to be available during inspection of the facility by the village.
   (B)   The operator shall record the following information:
      (1)   The quantity of each load of landscape waste received;
      (2)   The origin, type and quantity of any additive accepted, when received at the facility;
      (3)   The type and quantity of any additive used in the composting process (water added during composting need not be quantified), as quantified based on a monthly review of additives remaining;
      (4)   The dates of turning of each windrow or other pile;
      (5)   All monitoring data required pursuant to a facility permit;
      (6)   Conditions evaluated pursuant to § 157.271;
      (7)   For any odor complaint received, the information collected pursuant to § 157.267(M);
      (8)   Details of all incidents that require implementation of the facility's contingency plan, in accordance with § 157.277, and methods used to resolve them;
      (9)   Records pertaining to sampling and testing, as follows:
         (a)   Locations in the composting area from which samples are obtained;
         (b)   Number of samples taken;
         (c)   Volume of each sample taken;
         (d)   Date and time of collection of samples;
         (e)   Name and signature of person responsible for sampling;
         (f)   Name and address of the laboratory receiving samples, if applicable; and
         (g)   Signature of the person responsible for sample analysis.
      (10)   The daily quantity of each type of end-product compost removed from the facility, according to the end-product compost classifications provided in §§ 157.279 through 157.284; and
      (11)   Verification that requisite personnel training has been done, in accordance with § 157.275.
   (C)   The operator shall keep dated copies of the end-product compost analyses required pursuant to § 157.282.
   (D)   The records required pursuant to this section shall be made available during normal business hours for inspection and photocopying by the village and Agency. Such records must be kept for a period of three years, subject to extension upon written request by the village or Agency and automatic extension during the course of any enforcement action relating to the facility. Records must be sent to the village and Agency upon request.
(Ord. 14-21, passed 7-21-2014)

§ 157.277 CONTINGENCY PLAN FOR PERMITTED LANDSCAPE WASTE COMPOST FACILITIES.

   (A)   A contingency plan must be established, addressing the contingencies set forth in § 157.267(C) and the following additional contingencies:
      (1)   Equipment breakdown;
      (2)   Odors;
      (3)   Unacceptable waste delivered to the facility;
      (4)   Groundwater contamination;
      (5)   Any accidental release of special waste; and
      (6)   Conditions such as fires, dust, noise, vectors, power outages and unusual traffic conditions.
   (B)   The facility contingency plan must be available on-site and implemented as necessary.
(Ord. 14-21, passed 7-21-2014)

§ 157.278 CLOSURE PLAN FOR PERMITTED LANDSCAPE WASTE COMPOST FACILITIES.

   (A)   A written closure plan must be developed which contains, at a minimum, the following:
      (1)   Steps necessary for the premature final closure of the facility under circumstances during its intended operating permit term when the cost of closure would be the greatest;
      (2)   Steps necessary for, and a schedule for the completion of, the routine final closure of the facility at the end of its intended operating life; and
      (3)   Steps necessary to prevent damage to the environment during temporary suspension of landscape waste acceptance if the facility permit allows temporary suspension of landscape waste acceptance at the facility without initiating final closure.
   (B)   Until completion of closure has been certified, the operator shall maintain a copy of the closure plan at the facility or at a definite location, specified in the facility permit, so as to be available during inspection of the facility.
   (C)   An operator of a facility shall develop and file a revised closure plan upon modification of the operations of the facility which affect the cost of closure of the facility or any portion thereof, which include, but are not limited to:
      (1)   A temporary suspension of landscape waste acceptance at the facility; or
      (2)   An increase in the design capacity at the facility to process landscape waste.
   (D)   The operator shall initiate implementation of the closure plan within 30 days following the beginning of closure.
   (E)   Not later than 30 days following the beginning of closure, the operator shall post signs, easily visible at all access gates leading into the facility. The text of such signs must read, in letters not less than three inches high: "This facility is closed for all composting activities and all receipt of landscape waste materials. No dumping allowed. Violators will be prosecuted," Such signs must be maintained in legible condition until certification of completion of closure is issued for the facility by the Agency.
   (F)   Notice of closure. The operator shall send notice of closure to the village within 30 days following the beginning of closure. A compost closure report must be submitted to the village, on a form provided by the Agency, which must cover the time elapsed since the end of the last annual report period.
   (G)   Certificate of completion of closure.
      (1)   Upon completion of closure, the operator shall prepare and submit to the village an affidavit, on a form provided by the Agency, stating that the facility has been closed in accordance with the closure plan.
      (2)   Upon finding that the facility has been closed in accordance with the closure plan, the Agency shall issue a certificate of completion of closure and shall terminate the facility permit.
(Ord. 14-21, passed 7-21-2014)

§ 157.279 QUALITY OF END-PRODUCT COMPOST: SCOPE AND APPLICABILITY.

   (A)   End-product compost used as daily cover or vegetative amendment in the final layer of a landfill is exempt from the requirements set forth in this subchapter. (Section 22.33(c) of the Act (ILCS Ch. 415, Act 5, § 22.33(c).)
   (B)   The provisions set forth in §§ 157.280, 157.281, and 157.283 apply to all end-product compost subject to this subchapter.
   (C)   In addition, the provisions set forth in §§ 157.282 and 157.284 apply to all end-product compost derived from landscape waste and subject to this subchapter.
(Ord. 14-21, passed 7-21-2014)

§ 157.280 COMPOST CLASSES.

   For the purpose of this subchapter, end-product compost must be classified in the following manner:
   (A)   General use compost. End-product compost which meets the standards set forth in § 157.281.
   (B)   Designated use compost. End-product compost which does not qualify as general use end-product compost, Designated use compost must be used only as daily cover or vegetative amendment in the final layer at a landfill. (Section 22.33(c) of the Act (ILCS Ch. 415, Act 5, §§ 22.33(c).)
(Ord. 14-21, passed 7-21-2014)

§ 157.281 PERFORMANCE STANDARDS FOR GENERAL USE COMPOST.

   General-use compost:
   (A)   Must be free of any materials which pose a definite hazard to human health due to physical characteristics, such as glass or metal shards;
   (B)   Must not contain man-made materials larger than four millimeters in size exceeding 1% of the end-product compost, on a dry weight basis;
   (C)   Must have a pH between 6.5 and 8.5;
   (D)   Must have reached stability;
   (E)   Must not exceed, on a dry weight basis, the inorganic concentrations set forth in Table A of Subpart F of Part 830, Title 35 of the Illinois Administrative Code; and
   (F)   Must not contain fecal coliform populations that exceed 1,000 MPN per gram of total solids (dry weight basis), or Salmonella species populations that exceed three MPN per four grams of total solids (dry weight basis).
(Ord. 14-21, passed 7-21-2014)

§ 157.282 TESTING REQUIREMENTS FOR END-PRODUCT COMPOST DERIVED FROM LANDSCAPE WASTE.

   (A)   Operators shall perform testing to demonstrate compliance with the standards set forth in § 157.281(B) through (E). Such testing must be done in accordance with the methods set forth in Appendix B of Subpart F of Part 830, Title 35 of the Illinois Administrative Code, except that an alternative method or methods may be used to demonstrate compliance with any of these standards, if approved in writing by the Agency.
   (B)   Operators of facilities which are authorized to use an additive pursuant to § 157.270(A)(1)(g) which may cause an exceedence of § 157.281(F) shall test for pathogens using the method set forth in Appendix B of Subpart F of Part 830, Title 35 of the Illinois Administrative Code, except that an alternative method or methods may be used to demonstrate compliance with any of these standards, if approved in writing by the Agency.
   (C)   End-product compost derived from landscape waste must be tested for the parameters set forth in § 157.281 at a frequency of:
      (1)   Once every 5,000 cubic yards of end-product compost transported off-site; or
      (2)   Once per year, if less than 5,000 cubic yards of end-product compost are transported off-site per year.
(Ord. 14-21, passed 7-21-2014)

§ 157.283 SAMPLING METHODS.

   Sample collection, preservation, and analysis must be done in a manner which assures valid and representative results. A composite sample must be prepared by one of the following methods:
   (A)   Twelve grab samples, each 550 milliliters in size, must be taken from the end-product compost at the facility, in the following manner:
      (1)   Four grab samples from points both equidistant throughout the length and at the center of the windrow or other pile, at a depth not less than one meter from the surface of the windrow or other pile;
      (2)   Four grab samples from points both equidistant throughout the length and one- quarter the width of the windrow or other pile, at a depth not less than half the distance between the surface and the bottom of the windrow or other pile; and
      (3)   Four grab samples from points both equidistant throughout the length and one- eighth the width of the windrow or other pile, at a depth not less than half the distance between the surface and the bottom of the windrow or other pile.
      (4)   The twelve grab samples must be thoroughly mixed to form a homogenous composite sample. Analyses must be of a representative subsample. The sample holding times, sample container types and minimum collection volumes listed in Table B of Subpart F of Part 830, Title 35 of the Illinois Administrative Code shall apply; or
   (B)   Sampling methods set forth in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846), incorporated by reference at 35 Ill. Adm. Code 157.103.
(Ord. 14-21, passed 7-21-2014)

§ 157.284 OFF-SPECIFICATION COMPOST.

   End-product compost derived from landscape waste which does not meet the standards for general use compost set forth in this subchapter must be further managed as landscape waste or as designated use compost.
(Ord. 14-21, passed 7-21-2014)

§ 157.285 NOTICES; VIOLATIONS.

   (A)   Notice to person responsible. Whenever the code official determines that there has been a violation of §§ 157.265 through 157.284 or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in division (B) below, and to the person responsible for the violation.
   (B)   Form of notice. Such notice shall be in writing, include a description of the real estate sufficient for identification, include a statement of the violation or violations, include a correction order allowing a reasonable time to make the repairs and improvements required to bring the property, structure or use into compliance with the provisions of this code. The reasonable time to correct the alleged violation(s) shall be for not less than 60 days unless in the opinion of the code official or the Village President and Board of Trustees there is imminent danger of failure or collapse of a building or structure, or when any structure or part of a structure has fallen and life is endangered by the occupancy of the structure or when there is actual or potential danger due to explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment.
   (C)   Method of service. Such notice shall be deemed to be properly served to the responsible party if a copy thereof is:
      (1)   Delivered personally;
      (2)   Sent by certified mail addressed to the last known address; or
      (3)   If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure or property affected by such notice.
   (D)   Prosecution of violation. Any person failing to comply with a notice of violation or order shall be deemed guilty of a quasi-criminal offense and the violation shall be deemed a strict liability offense including but not limited to the filing of a complaint in the village's administrative adjudication system.
   (E)   Abatement of violation. The imposition of penalties in a quasi-criminal proceeding shall not preclude the Village Attorney, with direction from the Village President and Board of Trustees, from instituting appropriate action to restrain, correct or abate a violation or stop an illegal act, conduct, business or utilization of the premises.
   (F)   Violation penalties. Any person who shall violate a provision of §§ 157.265 through 157.284, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state law or village ordinance. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ord. 14-21, passed 7-21-2014)