Illinois General Assembly - Full Text of Public Act 096-0121
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Public Act 096-0121


 

Public Act 0121 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0121
 
SB0178 Enrolled LRB096 07558 JDS 17653 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
adding Section 22.55 as follows:
 
    (415 ILCS 5/22.55 new)
    Sec. 22.55. Household Waste Drop-off Points.
    (a) Findings; Purpose and Intent.
        (1) The General Assembly finds that protection of human
    health and the environment can be enhanced if certain
    commonly generated household wastes are managed separately
    from the general household waste stream.
        (2) The purpose of this Section is to provide, to the
    extent allowed under federal law, a method for managing
    certain types of household waste separately from the
    general household waste stream.
    (b) Definitions. For the purposes of this Section:
        "Controlled substance" means a controlled substance as
    defined in the Illinois Controlled Substances Act.
        "Household waste" means waste generated from a single
    residence or multiple residences.
        "Household waste drop-off point" means the portion of a
    site or facility used solely for the receipt and temporary
    storage of household waste.
        "One-day household waste collection event" means a
    household waste drop-off point approved by the Agency under
    subsection (d) of this Section.
        "Personal care product" means an item other than a
    pharmaceutical product that is consumed or applied by an
    individual for personal health, hygiene, or cosmetic
    reasons. Personal care products include, but are not
    limited to, items used in bathing, dressing, or grooming.
        "Pharmaceutical product" means medicine or a product
    containing medicine. A pharmaceutical product may be sold
    by prescription or over the counter. "Pharmaceutical
    product" does not include (i) medicine that contains a
    radioactive component or a product that contains a
    radioactive component or (ii) a controlled substance.
    (c) Except as otherwise provided in Agency rules, the
following requirements apply to each household waste drop-off
point other than a one-day household waste collection event:
        (1) A household waste drop-off point must not accept
    waste other than the following types of household waste:
    pharmaceutical products, personal care products, batteries
    other than lead-acid batteries, paints, automotive fluids,
    compact fluorescent lightbulbs, mercury thermometers, and
    mercury thermostats.
        (2) Except as provided in subdivision (c)(2) of this
    Section, household waste drop-off points must be located at
    a site or facility where the types of products accepted at
    the household waste drop-off point are lawfully sold,
    distributed, or dispensed. For example, household waste
    drop-off points that accept prescription pharmaceutical
    products must be located at a site or facility where
    prescription pharmaceutical products are sold,
    distributed, or dispensed.
            (A) Subdivision (c)(2) of this Section does not
        apply to household waste drop-off points operated by a
        government or school entity, or by an association or
        other organization of government or school entities.
            (B) Household waste drop-off points that accept
        mercury thermometers can be located at any site or
        facility where non-mercury thermometers are sold,
        distributed, or dispensed.
            (C) Household waste drop-off points that accept
        mercury thermostats can be located at any site or
        facility where non-mercury thermostats are sold,
        distributed, or dispensed.
        (3) The location of acceptance for each type of waste
    accepted at the household waste drop-off point must be
    clearly identified. Locations where pharmaceutical
    products are accepted must also include a copy of the sign
    required under subsection (j) of this Section.
        (4) Household waste must be accepted only from private
    individuals. Waste must not be accepted from other persons,
    including, but not limited to, owners and operators of
    rented or leased residences where the household waste was
    generated, commercial haulers, and other commercial,
    industrial, agricultural, and government operations or
    entities.
        (5) If more than one type of household waste is
    accepted, each type of household waste must be managed
    separately prior to its packaging for off-site transfer.
        (6) Household waste must not be stored for longer than
    90 days after its receipt, except as otherwise approved by
    the Agency in writing.
        (7) Household waste must be managed in a manner that
    protects against releases of the waste, prevents
    nuisances, and otherwise protects human health and the
    environment. Household waste must also be properly secured
    to prevent unauthorized public access to the waste,
    including, but not limited to, preventing access to the
    waste during the non-business hours of the site or facility
    on which the household waste drop-off point is located.
    Containers in which pharmaceutical products are collected
    must be clearly marked "No Controlled Substances".
        (8) Management of the household waste must be limited
    to the following: (i) acceptance of the waste, (ii)
    temporary storage of the waste prior to transfer, and (iii)
    off-site transfer of the waste and packaging for off-site
    transfer.
        (9) Off-site transfer of the household waste must
    comply with federal and State laws and regulations.
    (d) One-day household waste collection events. To further
aid in the collection of certain household wastes, the Agency
may approve the operation of one-day household waste collection
events. The Agency shall not approve a one-day household waste
collection event at the same site or facility for more than one
day each calendar quarter. Requests for approval must be
submitted on forms prescribed by the Agency. The Agency must
issue its approval in writing, and it may impose conditions as
necessary to protect human health and the environment and to
otherwise accomplish the purposes of this Act. One-day
household waste collection events must be operated in
accordance with the Agency's approval, including all
conditions contained in the approval. The following
requirements apply to all one-day household waste collection
events, in addition to the conditions contained in the Agency's
approval:
        (1) Waste accepted at the event must be limited to
    household waste and must not include garbage, landscape
    waste, controlled substances, or other waste excluded by
    the Agency in the Agency's approval or any conditions
    contained in the approval.
        (2) Household waste must be accepted only from private
    individuals. Waste must not be accepted from other persons,
    including, but not limited to, owners and operators of
    rented or leased residences where the household waste was
    generated, commercial haulers, and other commercial,
    industrial, agricultural, and government operations or
    entities.
        (3) Household waste must be managed in a manner that
    protects against releases of the waste, prevents
    nuisances, and otherwise protects human health and the
    environment. Household waste must also be properly secured
    to prevent public access to the waste, including, but not
    limited to, preventing access to the waste during the
    event's non-business hours.
        (4) Management of the household waste must be limited
    to the following: (i) acceptance of the waste, (ii)
    temporary storage of the waste before transfer, and (iii)
    off-site transfer of the waste or packaging for off-site
    transfer.
        (5) Except as otherwise approved by the Agency, all
    household waste received at the collection event must be
    transferred off-site by the end of the day following the
    collection event.
        (6) The transfer and ultimate disposition of household
    waste received at the collection event must comply with the
    Agency's approval, including all conditions contained in
    the approval.
    (e) The Agency may adopt rules governing the operation of
household waste drop-off points other than one-day household
waste collection events. Those rules must be designed to
protect against releases of waste to the environment, prevent
nuisances, and otherwise protect human health and the
environment. As necessary to address different circumstances,
the regulations may contain different requirements for
different types of household waste and different types of
household waste drop-off points, and the regulations may modify
the requirements set forth in subsection (c) of this Section.
The regulations may include, but are not limited to, the
following: (i) identification of additional types of household
waste that can be collected at household waste drop-off points,
(ii) identification of the different types of household wastes
that can be received at different household waste drop-off
points, (iii) the maximum amounts of each type of household
waste that can be stored at household waste drop-off points at
any one time, and (iv) the maximum time periods each type of
household waste can be stored at household waste drop-off
points.
    (f) Prohibitions.
        (1) Except as authorized in a permit issued by the
    Agency, no person shall cause or allow the operation of a
    household waste drop-off point other than a one-day
    household waste collection event in violation of this
    Section or any regulations adopted under this Section.
        (2) No person shall cause or allow the operation of a
    one-day household waste collection event in violation of
    this Section or the Agency's approval issued under
    subsection (d) of this Section, including all conditions
    contained in the approval.
    (g) Permit exemptions.
        (1) No permit is required under subdivision (d)(1) of
    Section 21 of this Act for the operation of a household
    waste drop-off point other than a one-day household waste
    collection event if the household waste drop-off point is
    operated in accordance with this Section and all
    regulations adopted under this Section.
        (2) No permit is required under subdivision (d)(1) of
    Section 21 of this Act for the operation of a one-day
    household waste collection event if the event is operated
    in accordance with this Section and the Agency's approval
    issued under subsection (d) of this Section, including all
    conditions contained in the approval, or for the operation
    of a household waste collection event by the Agency.
    (h) This Section does not apply to the following:
        (1) Persons accepting household waste that they are
    authorized to accept under a permit issued by the Agency.
        (2) Sites or facilities operated pursuant to an
    intergovernmental agreement entered into with the Agency
    under Section 22.16b(d) of this Act.
    (i) The Agency, in consultation with the Department of
Public Health, must develop and implement a public information
program regarding household waste drop-off points that accept
pharmaceutical products.
    (j) The Agency must develop a sign that provides
information on the proper disposal of unused pharmaceutical
products. The Agency shall make a copy of the sign available
for downloading from its website.
    (k) If an entity chooses to participate as a household
waste drop-off point, then it must follow the provisions of
this Section and any rules the Agency may adopt governing
household waste drop-off points.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/4/2009