99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0437

 

Introduced , by Rep. Barbara Wheeler

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/22.55
415 ILCS 5/22.55a new

    Amends the Environmental Protection Act. Provides that the Environmental Protection Agency may approve the operation of one-day household composting collection events. Establishes requirements for the compost collection events. Requests for approval shall be submitted on forms prescribed by the Agency. Provides that the Agency shall establish a pilot program to permit the operation of no more than 3 permanent drop-off sites for household organic waste collection. Establishes requirements for the permanent drop-off sites. Effective immediately.


LRB099 06387 MGM 26457 b

 

 

A BILL FOR

 

HB0437LRB099 06387 MGM 26457 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 22.55 and by adding Section 22.55a as follows:
 
6    (415 ILCS 5/22.55)
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
17following requirements apply to each household waste drop-off
18point 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
4aid in the collection of certain household wastes, the Agency
5may approve the operation of one-day household waste collection
6events. The Agency shall not approve a one-day household waste
7collection event at the same site or facility for more than one
8day each calendar quarter. Requests for approval must be
9submitted on forms prescribed by the Agency. The Agency must
10issue its approval in writing, and it may impose conditions as
11necessary to protect human health and the environment and to
12otherwise accomplish the purposes of this Act. One-day
13household waste collection events must be operated in
14accordance with the Agency's approval, including all
15conditions contained in the approval. The following
16requirements apply to all one-day household waste collection
17events, in addition to the conditions contained in the Agency's
18approval:
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
26household waste drop-off points other than one-day household

 

 

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1waste collection events. Those rules must be designed to
2protect against releases of waste to the environment, prevent
3nuisances, and otherwise protect human health and the
4environment. As necessary to address different circumstances,
5the regulations may contain different requirements for
6different types of household waste and different types of
7household waste drop-off points, and the regulations may modify
8the requirements set forth in subsection (c) of this Section.
9The regulations may include, but are not limited to, the
10following: (i) identification of additional types of household
11waste that can be collected at household waste drop-off points,
12(ii) identification of the different types of household wastes
13that can be received at different household waste drop-off
14points, (iii) the maximum amounts of each type of household
15waste that can be stored at household waste drop-off points at
16any one time, and (iv) the maximum time periods each type of
17household waste can be stored at household waste drop-off
18points.
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
25Public Health, must develop and implement a public information
26program regarding household waste drop-off points that accept

 

 

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1pharmaceutical products.
2    (j) The Agency must develop a sign that provides
3information on the proper disposal of unused pharmaceutical
4products. The Agency shall make a copy of the sign available
5for downloading from its website.
6    (k) If an entity chooses to participate as a household
7waste drop-off point, then it must follow the provisions of
8this Section and any rules the Agency may adopt governing
9household waste drop-off points.
10    (l) To further aid in the collection of certain household
11wastes, the Agency may approve the operation of one-day
12household composting collection events. Requests for approval
13shall be submitted on forms prescribed by the Agency. The
14Agency shall issue its approval in writing, and it may impose
15conditions as necessary to protect human health and the
16environment and to otherwise accomplish the purposes of this
17Act. One-day household waste collection events shall be
18operated in accordance with the Agency's approval, including
19all conditions contained in the approval. The following
20requirements apply to all one-day household waste collection
21events, in addition to the conditions contained in the Agency's
22approval:
23        (1) Waste accepted at the event shall be limited to
24    source-separated food scrap and landscape waste.
25        (2) Household waste shall be accepted only from private
26    individuals. Waste may 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        (3) Household organic waste shall be managed in a
7    manner that protects against releases of the waste,
8    prevents nuisances, and otherwise protects human health
9    and the environment. All waste on site shall be secured in
10    collection bins. The collection bins shall:
11            (A) prevent surface water drainage through the
12        organic waste;
13            (B) control dispersion of the waste by wind;
14            (C) contain spills or releases that could harm
15        human health and the environment;
16            (D) provide for storage of waste that protects the
17        ability of the material to be composted;
18            (E) provide for storage and removal of materials;
19            (F) control odors;
20            (G) be no larger than 40 cubic yards in size; and
21            (H) store no more than 40 cubic yards of material
22        on the site at any one time.
23        (4) Household waste shall also be properly secured to
24    prevent public access to the waste, including, but not
25    limited to, preventing access to the waste during the
26    event's non-operating hours. Events shall be staffed

 

 

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1    during the event's operating hours.
2        (5) Management of the household waste shall be limited
3    to the following: (A) acceptance of the waste, (B)
4    temporary storage of the waste before transfer, and (C)
5    off-site transfer of the waste or packaging for off-site
6    transfer.
7        (6) Except as otherwise approved by the Agency, all
8    household waste received at the collection event shall be
9    transferred off-site within 24 hours after the end of the
10    day following the collection event.
11        (7) The transfer and ultimate disposition of household
12    waste received at the collection event shall comply with
13    the Agency's approval, including all conditions contained
14    in the approval. All household organic waste received at a
15    collection event shall be taken to a permitted compost
16    facility.
17        (8) The permits provided by the Agency shall provide
18    the ability to approve multiple collection dates at the
19    same location. In no case shall the collection events be
20    approved in the same location for collections more often
21    than one day per week.
22    The Agency may enter into an agreement with any unit of
23local government to permit household composting collection
24events in that jurisdiction, provided that all of the
25provisions of this subsection (l) are met.
26(Source: P.A. 96-121, eff. 8-4-09.)
 

 

 

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1    (415 ILCS 5/22.55a new)
2    Sec. 22.55a. Permanent household organic waste collection
3sites.
4    (a) The Agency shall establish a pilot program to permit
5the operation of no more than 3 permanent drop-off sites for
6household organic waste collection.
7    (b) Waste accepted at the drop-off site shall be limited to
8source-separated organic materials, including food scrap, yard
9waste, uncontaminated wood waste, and paper waste.
10    (c) Household waste shall be accepted only from private
11individuals. Waste shall not be accepted from other persons,
12including, but not limited to, owners and operators of rented
13or leased residences where the household waste was generated,
14commercial haulers, and other commercial, industrial,
15agricultural, and government operations or entities.
16    (d) The permanent drop-off sites shall not store more than
1710 cubic yards of organic waste on site at any given time,
18unless approved by the Agency.
19    (e) Household organic waste shall be managed in a manner
20that protects against releases of the waste, prevents
21nuisances, and otherwise protects human health and the
22environment. Site operators shall manage and store all waste in
23covered containers or in roll-off boxes constructed of
24impervious material or in a fully enclosed building. Collection
25bins shall:

 

 

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1        (1) prevent surface water drainage through the organic
2    waste;
3        (2) control dispersion of the waste by wind;
4        (3) contain spills or releases that could harm human
5    health and the environment;
6        (4) provide for storage of waste that protects the
7    ability of the material to be composted;
8        (5) provide for storage and removal of materials; and
9        (6) control odors.
10    (f) The permanent drop-off sites shall be staffed during
11business hours. Household waste shall also be properly secured
12to prevent public access to the waste, including, but not
13limited to, preventing access to the waste during the site's
14non-business hours.
15    (g) The transfer and ultimate disposition of household
16waste received at the drop-off site shall comply with the
17Agency's approval, including all conditions contained in the
18approval. Transfer of waste shall occur at least weekly.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.