HB4249 Engrossed LRB096 11333 JDS 21781 b

1     AN ACT concerning safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Environmental Protection Act is amended by
5 adding Section 22.55 as follows:
 
6     (415 ILCS 5/22.55 new)
7     Sec. 22.55. Household Waste Drop-off Points.
8     (a) Findings; Purpose and Intent.
9         (1) The General Assembly finds that protection of human
10     health and the environment can be enhanced if certain
11     commonly generated household wastes are managed separately
12     from the general household waste stream.
13         (2) The purpose of this Section is to provide, to the
14     extent allowed under federal law, a method for managing
15     certain types of household waste separately from the
16     general household waste stream.
17     (b) Definitions. For the purposes of this Section:
18         "Controlled substance" means a controlled substance as
19     defined in the Illinois Controlled Substances Act.
20         "Household waste" means waste generated from a single
21     residence or multiple residences.
22         "Household waste drop-off point" means the portion of a
23     site or facility used solely for the receipt and temporary

 

 

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1     storage of household waste.
2         "One-day household waste collection event" means a
3     household waste drop-off point approved by the Agency under
4     subsection (d) of this Section.
5         "Personal care product" means an item other than a
6     pharmaceutical product that is consumed or applied by an
7     individual for personal health, hygiene, or cosmetic
8     reasons. Personal care products include, but are not
9     limited to, items used in bathing, dressing, or grooming.
10         "Pharmaceutical product" means medicine or a product
11     containing medicine. A pharmaceutical product may be sold
12     by prescription or over the counter. "Pharmaceutical
13     product" does not include (i) medicine that contains a
14     radioactive component or a product that contains a
15     radioactive component or (ii) a controlled substance.
16     (c) Except as otherwise provided in Agency rules, the
17 following requirements apply to each household waste drop-off
18 point other than a one-day household waste collection event:
19         (1) A household waste drop-off point must not accept
20     waste other than the following types of household waste:
21     pharmaceutical products, personal care products, batteries
22     other than lead-acid batteries, paints, automotive fluids,
23     compact fluorescent lightbulbs, mercury thermometers, and
24     mercury thermostats.
25         (2) Except as provided in subdivision (c)(2) of this
26     Section, household waste drop-off points must be located at

 

 

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1     a site or facility where the types of products accepted at
2     the household waste drop-off point are lawfully sold,
3     distributed, or dispensed. For example, household waste
4     drop-off points that accept prescription pharmaceutical
5     products must be located at a site or facility where
6     prescription pharmaceutical products are sold,
7     distributed, or dispensed.
8             (A) Subdivision (c)(2) of this Section does not
9         apply to household waste drop-off points operated by a
10         government or school entity, or by an association or
11         other organization of government or school entities.
12             (B) Household waste drop-off points that accept
13         mercury thermometers can be located at any site or
14         facility where non-mercury thermometers are sold,
15         distributed, or dispensed.
16             (C) Household waste drop-off points that accept
17         mercury thermostats can be located at any site or
18         facility where non-mercury thermostats are sold,
19         distributed, or dispensed.
20         (3) The location of acceptance for each type of waste
21     accepted at the household waste drop-off point must be
22     clearly identified. Locations where pharmaceutical
23     products are accepted must also include a copy of the sign
24     required under subsection (j) of this Section.
25         (4) Household waste must be accepted only from private
26     individuals. Waste must not be accepted from other persons,

 

 

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1     including, but not limited to, owners and operators of
2     rented or leased residences where the household waste was
3     generated, commercial haulers, and other commercial,
4     industrial, agricultural, and government operations or
5     entities.
6         (5) If more than one type of household waste is
7     accepted, each type of household waste must be managed
8     separately prior to its packaging for off-site transfer.
9         (6) Household waste must not be stored for longer than
10     90 days after its receipt, except as otherwise approved by
11     the Agency in writing.
12         (7) Household waste must be managed in a manner that
13     protects against releases of the waste, prevents
14     nuisances, and otherwise protects human health and the
15     environment. Household waste must also be properly secured
16     to prevent unauthorized public access to the waste,
17     including, but not limited to, preventing access to the
18     waste during the non-business hours of the site or facility
19     on which the household waste drop-off point is located.
20     Containers in which pharmaceutical products are collected
21     must be clearly marked "No Controlled Substances".
22         (8) Management of the household waste must be limited
23     to the following: (i) acceptance of the waste, (ii)
24     temporary storage of the waste prior to transfer, and (iii)
25     off-site transfer of the waste and packaging for off-site
26     transfer.

 

 

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1         (9) Off-site transfer of the household waste must
2     comply with federal and State laws and regulations.
3     (d) One-day household waste collection events. To further
4 aid in the collection of certain household wastes, the Agency
5 may approve the operation of one-day household waste collection
6 events. The Agency shall not approve a one-day household waste
7 collection event at the same site or facility for more than one
8 day each calendar quarter. Requests for approval must be
9 submitted on forms prescribed by the Agency. The Agency must
10 issue its approval in writing, and it may impose conditions as
11 necessary to protect human health and the environment and to
12 otherwise accomplish the purposes of this Act. One-day
13 household waste collection events must be operated in
14 accordance with the Agency's approval, including all
15 conditions contained in the approval. The following
16 requirements apply to all one-day household waste collection
17 events, in addition to the conditions contained in the Agency's
18 approval:
19         (1) Waste accepted at the event must be limited to
20     household waste and must not include garbage, landscape
21     waste, controlled substances, or other waste excluded by
22     the Agency in the Agency's approval or any conditions
23     contained in the approval.
24         (2) Household waste must be accepted only from private
25     individuals. Waste must not be accepted from other persons,
26     including, but not limited to, owners and operators of

 

 

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1     rented or leased residences where the household waste was
2     generated, commercial haulers, and other commercial,
3     industrial, agricultural, and government operations or
4     entities.
5         (3) Household waste must be managed in a manner that
6     protects against releases of the waste, prevents
7     nuisances, and otherwise protects human health and the
8     environment. Household waste must also be properly secured
9     to prevent public access to the waste, including, but not
10     limited to, preventing access to the waste during the
11     event's non-business hours.
12         (4) Management of the household waste must be limited
13     to the following: (i) acceptance of the waste, (ii)
14     temporary storage of the waste before transfer, and (iii)
15     off-site transfer of the waste or packaging for off-site
16     transfer.
17         (5) Except as otherwise approved by the Agency, all
18     household waste received at the collection event must be
19     transferred off-site by the end of the day following the
20     collection event.
21         (6) The transfer and ultimate disposition of household
22     waste received at the collection event must comply with the
23     Agency's approval, including all conditions contained in
24     the approval.
25     (e) The Agency may adopt rules governing the operation of
26 household waste drop-off points other than one-day household

 

 

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1 waste collection events. Those rules must be designed to
2 protect against releases of waste to the environment, prevent
3 nuisances, and otherwise protect human health and the
4 environment. As necessary to address different circumstances,
5 the regulations may contain different requirements for
6 different types of household waste and different types of
7 household waste drop-off points, and the regulations may modify
8 the requirements set forth in subsection (c) of this Section.
9 The regulations may include, but are not limited to, the
10 following: (i) identification of additional types of household
11 waste that can be collected at household waste drop-off points,
12 (ii) identification of the different types of household wastes
13 that can be received at different household waste drop-off
14 points, (iii) the maximum amounts of each type of household
15 waste that can be stored at household waste drop-off points at
16 any one time, and (iv) the maximum time periods each type of
17 household waste can be stored at household waste drop-off
18 points.
19     (f) Prohibitions.
20         (1) Except as authorized in a permit issued by the
21     Agency, no person shall cause or allow the operation of a
22     household waste drop-off point other than a one-day
23     household waste collection event in violation of this
24     Section or any regulations adopted under this Section.
25         (2) No person shall cause or allow the operation of a
26     one-day household waste collection event in violation of

 

 

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1     this Section or the Agency's approval issued under
2     subsection (d) of this Section, including all conditions
3     contained in the approval.
4     (g) Permit exemptions.
5         (1) No permit is required under subdivision (d)(1) of
6     Section 21 of this Act for the operation of a household
7     waste drop-off point other than a one-day household waste
8     collection event if the household waste drop-off point is
9     operated in accordance with this Section and all
10     regulations adopted under this Section.
11         (2) No permit is required under subdivision (d)(1) of
12     Section 21 of this Act for the operation of a one-day
13     household waste collection event if the event is operated
14     in accordance with this Section and the Agency's approval
15     issued under subsection (d) of this Section, including all
16     conditions contained in the approval, or for the operation
17     of a household waste collection event by the Agency.
18     (h) This Section does not apply to the following:
19         (1) Persons accepting household waste that they are
20     authorized to accept under a permit issued by the Agency.
21         (2) Sites or facilities operated pursuant to an
22     intergovernmental agreement entered into with the Agency
23     under Section 22.16b(d) of this Act.
24     (i) The Agency, in consultation with the Department of
25 Public Health, must develop and implement a public information
26 program regarding household waste drop-off points that accept

 

 

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1 pharmaceutical products.
2     (j) The Agency must develop a sign that provides
3 information on the proper disposal of unused pharmaceutical
4 products. The Agency shall make a copy of the sign available
5 for downloading from its website.
6     (k) If an entity chooses to participate as a household
7 waste drop-off point, then it must follow the provisions of
8 this Section and any rules the Agency may adopt governing
9 household waste drop-off points.
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.