SB0839 EngrossedLRB103 03297 CPF 48303 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 3.475 and by adding Section 22.23e as
6follows:
 
7    (415 ILCS 5/3.475)  (was 415 ILCS 5/3.45)
8    Sec. 3.475. Special waste. "Special waste" means any of
9the following:
10    (a) potentially infectious medical waste;
11    (b) hazardous waste, as determined in conformance with
12RCRA hazardous waste determination requirements set forth in
13Section 722.111 of Title 35 of the Illinois Administrative
14Code, including a residue from burning or processing hazardous
15waste in a boiler or industrial furnace unless the residue has
16been tested in accordance with Section 726.212 of Title 35 of
17the Illinois Administrative Code and proven to be
18nonhazardous;
19    (c) industrial process waste or pollution control waste,
20except:
21        (1) any such waste certified by its generator,
22    pursuant to Section 22.48 of this Act, not to be any of the
23    following:

 

 

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1            (A) a liquid, as determined using the paint filter
2        test set forth in subdivision (3)(A) of subsection (m)
3        of Section 811.107 of Title 35 of the Illinois
4        Administrative Code;
5            (B) regulated asbestos-containing waste materials,
6        as defined under the National Emission Standards for
7        Hazardous Air Pollutants in 40 CFR Section 61.141;
8            (C) polychlorinated biphenyls (PCB's) regulated
9        pursuant to 40 CFR Part 761;
10            (D) an industrial process waste or pollution
11        control waste subject to the waste analysis and
12        recordkeeping requirements of Section 728.107 of Title
13        35 of the Illinois Administrative Code under the land
14        disposal restrictions of Part 728 of Title 35 of the
15        Illinois Administrative Code; and
16            (E) a waste material generated by processing
17        recyclable metals by shredding and required to be
18        managed as a special waste under Section 22.29 of this
19        Act;
20        (2) any empty portable device or container, including
21    but not limited to a drum, in which a special waste has
22    been stored, transported, treated, disposed of, or
23    otherwise handled, provided that the generator has
24    certified that the device or container is empty and does
25    not contain a liquid, as determined pursuant to item (A)
26    of subdivision (1) of this subsection. For purposes of

 

 

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1    this subdivision, "empty portable device or container"
2    means a device or container in which removal of special
3    waste, except for a residue that shall not exceed one inch
4    in thickness, has been accomplished by a practice commonly
5    employed to remove materials of that type. An inner liner
6    used to prevent contact between the special waste and the
7    container shall be removed and managed as a special waste;
8    or
9        (3) as may otherwise be determined under Section 22.9
10    of this Act.
11    "Special waste" does not mean fluorescent and high
12intensity discharge lamps as defined in subsection (a) of
13Section 22.23a of this Act, paint and paint-related waste as
14defined in subsection (a) of Section 22.23e of this Act, waste
15that is managed in accordance with the universal waste
16requirements set forth in Title 35 of the Illinois
17Administrative Code, Subtitle G, Chapter I, Subchapter c, Part
18733, or waste that is subject to rules adopted pursuant to
19subsection (c)(2) of Section 22.23a of this Act or subsection
20(b) of Section 22.23e of this Act.
21(Source: P.A. 92-574, eff. 6-26-02.)
 
22    (415 ILCS 5/22.23e new)
23    Sec. 22.23e. Paint and paint-related wastes.
24    (a) As used in this Section:
25    "Paint" means a pigmented or unpigmented powder coating,

 

 

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1or a pigmented or unpigmented mixture of binder and suitable
2liquid, that forms an adherent coating when applied to a
3surface. Powder coating is a surface coating that is applied
4as a dry powder and is fused into a continuous coating film
5through the use of heat. "Paint" includes architectural paint
6as defined in the Paint Stewardship Act.
7    "Paint-related waste" is (i) material contaminated with
8paint that results from the packaging of paint, wholesale and
9retail operations, paint manufacturing, and paint application
10or removal activities or (ii) material derived from the
11reclamation of paint-related wastes that is recycled in a
12manner other than burning for energy recovery or used in a
13manner constituting disposal.
14    (b)(1) Paint and paint-related waste that are hazardous
15waste are hereby designated as a category of universal waste
16subject to the streamlined hazardous waste rules set forth in
1735 Ill. Adm. Code 733. Within 60 days after the effective date
18of this amendatory Act of the 103rd General Assembly, the
19Agency shall propose, and within 180 days after receipt of the
20Agency's proposal the Board shall adopt, rules that reflect
21this designation and that prescribe procedures and standards
22for the management of hazardous waste paint and paint-related
23waste as a universal waste consistent with the provisions set
24forth within this Section.
25    (2) If the United States Environmental Protection Agency
26adopts streamlined hazardous waste regulations pertaining to

 

 

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1the management of hazardous waste paint or paint-related
2waste, or otherwise exempts such paint or paint-related waste
3from regulation as hazardous waste, the Board shall adopt an
4equivalent rule in accordance with Section 7.2 of this Act
5within 180 days of adoption of the federal regulation. The
6equivalent Board rule may serve as an alternative to the rules
7adopted under paragraph (1) of this subsection (b).
8    (c) Until the Board adopts rules pursuant to paragraph (1)
9of subsection (b) that prescribe procedures and standards for
10the management of hazardous waste paint and paint-related
11waste by small quantity handlers of universal waste, the
12following requirements shall apply to small quantity handlers
13of universal waste managing hazardous waste paint and
14paint-related waste as a universal waste:
15        (1) Waste Management. A small quantity handler of
16    universal waste shall manage universal waste paint and
17    paint-related waste in a way that prevents releases of any
18    universal waste or any component of universal waste to the
19    environment, including, but not limited to, in accordance
20    with the following requirements:
21            (A) The small quantity handler of universal waste
22        shall collect and store universal waste paint and
23        paint-related waste in containers that are
24        structurally sound, leakproof, and compatible with the
25        universal waste paint and paint-related waste.
26            (B) The small quantity handler of universal waste

 

 

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1        shall ensure that containers in which the universal
2        waste paint and paint-related waste are contained do
3        not leak and remain closed, except when wastes are
4        being added to or removed from the container.
5            (C) The small quantity handler of universal waste,
6        upon detection of a release of universal waste paint
7        and paint-related waste, shall do the following:
8                (i) Stop the release.
9                (ii) Contain the released universal waste
10            paint and paint-related waste.
11                (iii) Clean up and properly manage the
12            released universal waste paint and paint-related
13            waste and other materials generated from the
14            cleanup.
15                (iv) Remove any leaking container from service
16            by transferring the contents to another container.
17                (v) Repair any leaking container before
18            returning it to service.
19            (D) A small quantity handler of universal waste
20        shall manage universal waste paint and paint-related
21        waste that is ignitable or reactive in accordance with
22        local fire codes.
23            (E) A small quantity handler of universal waste
24        shall manage universal waste paint and paint-related
25        waste that are incompatible in separate containers.
26            (F) A small quantity handler of universal waste

 

 

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1        shall design, maintain, and operate areas of its
2        facility where universal waste paints and
3        paint-related wastes are collected and stored to
4        minimize the possibility of a fire, explosion, or
5        unplanned sudden or non-sudden release of universal
6        waste or hazardous constituents to air, soil, or
7        surface water which could threaten human health or the
8        environment.
9        (2) Labeling or marking. Each container in which
10    universal waste paint and paint-related waste is
11    accumulated shall be labeled to identify the contents of
12    the container.
13        (3) Accumulation time limits.
14            (A) A small quantity handler of universal waste
15        may accumulate universal waste paint and paint-related
16        waste for no longer than one year from the date the
17        universal waste is generated. However, handlers may
18        accumulate universal waste for longer than one year if
19        the activity is solely for the purpose of accumulating
20        quantities to facilitate proper recovery, treatment,
21        or disposal. The handler bears the burden of proving
22        that this activity is solely for the purpose of
23        accumulation of the quantities of universal waste
24        necessary to facilitate proper recovery, treatment, or
25        disposal.
26            (B) A small quantity handler of universal waste

 

 

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1        who accumulates universal waste must be able to
2        demonstrate the length of time that the universal
3        waste has been accumulated. The handler may make this
4        demonstration by any of the following methods:
5                (i) placing the universal waste paint and
6            paint-related waste in a container and marking or
7            labeling the container with the earliest date that
8            universal waste paint or paint-related waste in
9            the container became a waste or was received;
10                (ii) marking or labeling each individual item
11            of universal waste paint and paint-related waste
12            with the date the universal waste paint and
13            paint-related waste became a waste or was
14            received;
15                (iii) maintaining an inventory system on-site
16            that identifies the date each unit of universal
17            waste paint and paint-related waste became a waste
18            or was received;
19                (iv) placing universal waste paint and
20            paint-related waste in a specific accumulation
21            area and identifying the earliest date that any of
22            the universal waste paint and paint-related waste
23            in the area became a waste or was received; or
24                (v) any other method that clearly demonstrates
25            the length of time the universal waste paint and
26            paint-related waste have been accumulated from the

 

 

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1            date they become a waste or are received.
2        (4) Employee training. A small quantity handler of
3    universal waste shall inform all employees who handle or
4    have responsibility for managing universal waste paint and
5    paint-related waste. The information shall describe proper
6    handling and emergency procedures appropriate to the
7    universal waste paint and paint-related waste.
8        (5) Response to releases.
9            (A) A small quantity handler of universal waste
10        must immediately contain all releases of universal
11        waste paint and paint-related waste and other residues
12        from universal waste paint and paint-related waste.
13            (B) A small quantity handler of universal waste
14        must determine whether any material resulting from the
15        release is hazardous waste and, if so, must manage the
16        hazardous waste in compliance with all applicable
17        hazardous waste requirements of this Act and rules
18        adopted under this Act. The handler is considered the
19        generator of the material resulting from the release
20        and must manage the material in compliance with this
21        Act and rules adopted under this Act.
22        (6) Off-site shipments.
23            (A) A small quantity handler of universal waste is
24        prohibited from sending or taking universal waste
25        paint and paint-related waste to a place other than
26        another universal waste handler, a destination

 

 

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1        facility, or a foreign destination.
2            (B) If a small quantity handler of universal waste
3        self-transports universal waste paint and
4        paint-related waste offsite, the handler becomes a
5        universal waste transporter for those
6        self-transportation activities and shall comply with
7        the Board's existing rules for universal waste
8        transporters.
9            (C) If universal waste paint and paint-related
10        waste being offered for off-site transportation meets
11        the definition of hazardous materials under 49 CFR
12        Parts 171 to 180, a small quantity handler of
13        universal waste shall package, label, mark and placard
14        the shipment, and prepare the proper shipping papers
15        in accordance with the applicable United States
16        Department of Transportation regulations under 49 CFR
17        Parts 172 to 180.
18            (D) Prior to sending a shipment of universal waste
19        paint and paint-related waste to another universal
20        waste handler, the originating handler shall ensure
21        that the receiving handler agrees to receive the
22        shipment.
23            (E) If a small quantity handler of universal waste
24        sends a shipment of universal waste paint and
25        paint-related waste to another handler or to a
26        destination facility and if the shipment is rejected

 

 

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1        by the receiving handler or destination facility, the
2        originating handler shall either:
3                (i) receive the universal waste paint and
4            paint-related waste back when notified that the
5            shipment has been rejected; or
6                (ii) agree with the receiving handler on a
7            destination facility to which the shipment will be
8            sent.
9            (F) A small quantity handler of universal waste
10        may reject a shipment containing universal waste paint
11        and paint-related waste, or a portion of a shipment
12        containing universal waste paint and paint-related
13        waste, received from another handler. If a handler
14        rejects a shipment or a portion of a shipment, the
15        rejecting handler shall contact the originating
16        handler to notify the originating handler of the
17        rejection and to discuss reshipment of the load. The
18        receiving handler shall:
19                (i) send the shipment back to the originating
20            handler; or
21                (ii) if agreed to by both the originating and
22            receiving handler, send the shipment to a
23            destination facility.
24            (G) If a small quantity handler of universal waste
25        receives a shipment of nonhazardous, non-universal
26        waste, the handler may manage the waste in any way that

 

 

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1        is in compliance with applicable law.
2    (d) Until the Board adopts rules pursuant to subsection
3(b), the following additional requirements shall apply:
4        (1) Paints and paint-related wastes that are exempt
5    household wastes or very small quantity generator wastes
6    under existing Board rules remain exempt from the
7    hazardous waste rules but may be managed as universal
8    wastes under 35 Ill. Adm. Code 733.108.
9        (2) Universal waste transporters that transport paints
10    or paint-related wastes that are universal wastes are
11    subject to the existing Board rules for universal waste
12    transporters.
13        (3) Universal waste destination facilities that manage
14    paints or paint-related wastes that are universal wastes
15    are subject to the existing Board rules for universal
16    waste destination facilities.
 
17    Section 10. The Paint Stewardship Act is amended by
18changing Sections 15, 25, and 40 as follows:
 
19    (415 ILCS 175/15)
20    Sec. 15. Paint stewardship program plan.
21    (a) Each manufacturer of architectural paint sold or
22offered for sale at retail in the State shall submit to the
23Agency a plan for the establishment of a postconsumer paint
24stewardship program. The program shall seek to reduce the

 

 

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1generation of postconsumer paint, promote its reuse and
2recycling, and manage the postconsumer paint waste stream
3using environmentally sound management practices.
4    (b) A plan submitted under this Section shall:
5        (1) Provide a list of participating manufacturers and
6    brands covered by the program.
7        (2) Provide information on the architectural paint
8    products covered under the program, such as interior or
9    exterior water-based and oil-based coatings, primers,
10    sealers, or wood coatings.
11        (3) Describe how it will provide for the statewide
12    collection of postconsumer architectural paint in the
13    State. The manufacturer or representative organization may
14    coordinate the program with existing household hazardous
15    waste collection infrastructure as is mutually agreeable
16    with the person operating the household waste collection
17    infrastructure.
18        (4) Provide a goal of sufficient number and geographic
19    distribution of collection sites, collection services, or
20    collection events for postconsumer architectural paint to
21    meet the following criteria:
22            (A) at least 90% of State residents shall have a
23        collection site, collection service, or collection
24        event within a 15-mile radius; and
25            (B) at least one collection site, collection
26        service, or collection event for every 50,000

 

 

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1        residents of the State.
2        (5) Describe how postconsumer paint will be managed
3    using the following strategies: reuse, recycling, and
4    disposal.
5        (6) Describe education and outreach efforts to inform
6    consumers about the program. These efforts should include:
7            (A) information about collection opportunities for
8        postconsumer paint;
9            (B) information about the fee for the operation of
10        the program that shall be included in the purchase
11        price of all architectural paint sold in the State;
12        and
13            (C) efforts to promote the source reduction,
14        reuse, and recycling of architectural paint.
15        (7) Include a certification from an independent
16    auditor that any added fee to paint sold in the State as a
17    result of the postconsumer paint stewardship program does
18    not exceed the costs to operate and sustain the program in
19    accordance with sound management practices. The
20    independent auditor shall verify that the amount added to
21    each unit of paint will cover the costs and sustain the
22    postconsumer paint stewardship program.
23        (8) Describe how the paint stewardship program will
24    incorporate and compensate service providers for
25    activities conducted under the program that may include:
26            (A) the collection of postconsumer architectural

 

 

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1        paint and architectural paint containers through
2        permanent collection sites, collection events, or
3        curbside services;
4            (B) the reuse or processing of postconsumer
5        architectural paint at a permanent collection site;
6        and
7            (C) the transportation, recycling, and proper
8        disposal of postconsumer architectural paint.
9    (c) Independent audits conducted for the purposes of this
10Act must be conducted in accordance with generally accepted
11auditing standards. The work product of the independent
12auditor shall be submitted to the Agency as part of the annual
13report required by Section 40. The cost of any work performed
14by the independent auditor shall be funded by the program.
15    (d) Not later than 90 60 days after submission of the plan
16under this Section, the Agency shall determine in writing
17whether to approve the plan as submitted or disapprove the
18plan. The Agency shall approve a plan if it contains all of the
19information required under subsection (b). If the plan is
20disapproved, the manufacturer or representative organization
21shall resubmit a plan within 45 calendar days of receipt of the
22notice of disapproval.
23    (e) If a manufacturer or representative organization
24determines that the paint stewardship fee should be adjusted
25because the independent audit reveals that the cost of
26administering the program exceeds the revenues generated by

 

 

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1the paint stewardship fee, the manufacturer or representative
2organization shall submit to the Agency a justification for
3the adjustment as well as financial reports to support the
4adjustment, including a 5-year projection of the financial
5status of the organization. The submission shall include a
6certification from an independent auditor that the proposed
7fee adjustment will generate revenues necessary and sufficient
8to pay the program expenses, including any accumulated debt,
9and develop a reasonable reserve level sufficient to sustain
10the program. The Agency shall approve the fee adjustment if
11the submission contains all of the information required under
12this subsection.
13    (f) Within 45 calendar days after Agency approval of a
14plan, the Agency shall post on its website, and the
15manufacturer or representative organization shall post on its
16website, the names of the manufacturers participating in the
17plan, the brands of architectural paint covered by the
18program, and a copy of the plan.
19    (g) Each manufacturer under the plan shall include in the
20price of any architectural paint sold to retailers or
21distributors in the State the per container amount of the fee
22set forth in the plan or fee adjustment. If a representative
23organization is implementing the plan for a manufacturer, the
24manufacturer is responsible for filing, reporting, and
25remitting the paint stewardship fee assessment for each
26container of architectural paint to the representative

 

 

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1organization. A retailer or distributor shall not deduct the
2amount of the fee from the purchase price of any paint it
3sells.
4(Source: P.A. 103-372, eff. 1-1-24.)
 
5    (415 ILCS 175/25)
6    Sec. 25. Plan submission. The plan required by Section 15
7shall be submitted not later than July 1, 2025 12 months after
8the effective date of this Act.
9(Source: P.A. 103-372, eff. 1-1-24.)
 
10    (415 ILCS 175/40)
11    Sec. 40. Annual report. By July 1, 2028 2026, and each July
121 thereafter, a manufacturer or representative organization
13shall submit a report to the Agency that details the
14implementation of the manufacturer's or representative
15organization's program during the prior calendar year. The
16report shall include:
17        (1) a description of the methods used to collect and
18    transport the postconsumer paint collected by the program;
19        (2) the volume and type of postconsumer paint
20    collected and a description of the methods used to process
21    the paint, including reuse, recycling, and other methods;
22        (3) samples of the educational materials provided to
23    consumers of architectural paint; and
24        (4) the total cost of the program and an independent

 

 

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1    financial audit of the program. An independent financial
2    auditor shall be chosen by the manufacturer or
3    representative organization.
4    The Agency and the manufacturer or manufacturer's
5representative organization shall post a copy of each annual
6report on their websites.
7(Source: P.A. 103-372, eff. 1-1-24.)