ILCS » Chapter 415 · Act 5
Illinois Compiled Statutes

415 ILCS 5/3.535 (2026)

Waste

✓ current as of May 2026
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(415 ILCS 5/3.535) (was 415 ILCS 5/3.53)
    Sec. 3.535. Waste. "Waste" means any garbage, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows, or coal combustion by-products as defined in Section 3.135, or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as now or hereafter amended, or source, special nuclear, or by-product materials as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 921) or any solid or dissolved material from any facility subject to the Federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder or any law or rule or regulation adopted by the State of Illinois pursuant thereto.
(Source: P.A. 92-574, eff. 6-26-02.)

    
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2005–2026 · leading case: Alternate Fuels, Inc. v. Dir. of Illinois Env't Prot. Agency, 830 N.E.2d 444 (Ill. 2005).
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Alternate Fuels, Inc. v. Dir. of Illinois Env't Prot. Agency, 830 N.E.2d 444 (Ill. 2005). · cites it 8× “The record clearly demonstrates that the Agency had finished its investigation and had decided AFI stored and treated waste, requiring local siting approval and a waste permit, a stance that has not changed.”
E.O.R. Energy, LLC v. Pollution Control Bd., 2015 IL App (4th) 130443 (Ill. App. Ct. 2015). “" 415 ILCS 5/3.535 (West - 16 - 2004). "Hazardous waste" is defined as follows: "[A] waste, or combination of wastes, which because of its quanti- ty, concentration, or physical, chemical, or infectious characteris- tics may cause or significantly contribute to an increase in…”
People ex rel. Madigan v. Lincoln, Ltd., 2016 IL App (1st) 143487 (Ill. App. Ct. 2016). “” 415 ILCS 5/3.535 (West 2002). This statute does not define “litter,” but the Litter Control Act defines it as “any discarded, used or unconsumed substance or waste.”
The Solid Waste Agency of Lake Cnty. v. Zion Landfill, Inc., 2026 IL App (2d) 250024 (Ill. App. Ct. 2026). “535 of the Environmental Protection Act (Act) (415 ILCS 5/3.535 (West 2022)) defines “waste,” in pertinent part, as “garbage *** or other discarded material.”
Nisc v. Epa, 885 N.E.2d 447 (Ill. App. Ct. 2008). · cites it 2× “" 415 ILCS 5/3.535 (West 2004). "Landscape waste" is defined as: "all accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees.”
N. Illinois Serv. Co. v. Env't Prot. Agency, 381 Ill. App. 3d 171 (Ill. App. Ct. 2008). · cites it 2× “” 415 ILCS 5/3.535 (West 2004). “Landscape waste” is defined as: “all accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees.”
N. Illinois Serv. Co. v. The Illinois Env't Prot. Agency, 2016 IL App (2d) 150172 (Ill. App. Ct. 2016). · cites it 4× “385 (West 2012)), and “waste” includes “garbage *** or other discarded material” (415 ILCS 5/3.535 (West 2012)). ¶ 17 In finding acts of “open dumping,” the PCB rejected petitioner’s claim that the pile of material observed during the inspection was being temporarily stored at…”
Alternate Fuels, Inc. v. Dir. of the Illinois Env't Prot. Agency Modified on Denial of Rehearing - replaces orig. opinion filed 10/21/04 (Ill. 2005). · cites it 4× “The record clearly demonstrates that the Agency had finished its investigation and had decided AFI stored and treated waste, requiring local siting approval and a waste permit, a stance that has not changed.”
Solid Waste Agency of Lake Cnty. v. Zion Landfill, Inc., 2026 IL App (2d) 250024 (Ill. App. Ct. 2026). “The issue presented is whether these materials are “waste” that is subject to a tipping fee payable to SWALCO.”
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