SB0790 99TH GENERAL ASSEMBLY

LRB099 06388 MGM 26458 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0790

Introduced 2/5/2015, by Sen. Melinda Bush

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.

A BILL FOR

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 changing Section 22.55 and by adding Section 22.55a as follows:

(415 ILCS 5/22.55)

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.

(l) To further aid in the collection of certain household wastes, the Agency may approve the operation of one-day household composting collection events. Requests for approval shall be submitted on forms prescribed by the Agency. The Agency shall 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 shall 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 shall be limited to source-separated food scrap and landscape waste.

(2) Household waste shall be accepted only from private individuals. Waste may 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 organic waste shall be managed in a manner that protects against releases of the waste, prevents nuisances, and otherwise protects human health and the environment. All waste on site shall be secured in collection bins. The collection bins shall:

(A) prevent surface water drainage through the organic waste;

(B) control dispersion of the waste by wind;

(C) contain spills or releases that could harm human health and the environment;

(D) provide for storage of waste that protects the ability of the material to be composted;

(E) provide for storage and removal of materials;

(F) control odors;

(G) be no larger than 40 cubic yards in size; and

(H) store no more than 40 cubic yards of material on the site at any one time.

(4) Household waste shall 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-operating hours. Events shall be staffed during the event's operating hours.

(5) Management of the household waste shall be limited to the following: (A) acceptance of the waste, (B) temporary storage of the waste before transfer, and (C) off-site transfer of the waste or packaging for off-site transfer.

(6) Except as otherwise approved by the Agency, all household waste received at the collection event shall be transferred off-site within 24 hours after the end of the day following the collection event.

(7) The transfer and ultimate disposition of household waste received at the collection event shall comply with the Agency's approval, including all conditions contained in the approval. All household organic waste received at a collection event shall be taken to a permitted compost facility.

(8) The permits provided by the Agency shall provide the ability to approve multiple collection dates at the same location. In no case shall the collection events be approved in the same location for collections more often than one day per week.

The Agency may enter into an agreement with any unit of local government to permit household composting collection events in that jurisdiction, provided that all of the provisions of this subsection (l) are met.

(Source: P.A. 96-121, eff. 8-4-09.)

(415 ILCS 5/22.55a new)

Sec. 22.55a. Permanent household organic waste collection sites.

(a) 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.

(b) Waste accepted at the drop-off site shall be limited to source-separated organic materials, including food scrap, yard waste, uncontaminated wood waste, and paper waste.

(c) Household waste shall be accepted only from private individuals. Waste shall 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.

(d) The permanent drop-off sites shall not store more than 10 cubic yards of organic waste on site at any given time, unless approved by the Agency.

(e) Household organic waste shall be managed in a manner that protects against releases of the waste, prevents nuisances, and otherwise protects human health and the environment. Site operators shall manage and store all waste in covered containers or in roll-off boxes constructed of impervious material or in a fully enclosed building. Collection bins shall:

(1) prevent surface water drainage through the organic waste;

(2) control dispersion of the waste by wind;

(3) contain spills or releases that could harm human health and the environment;

(4) provide for storage of waste that protects the ability of the material to be composted;

(5) provide for storage and removal of materials; and

(6) control odors.

(f) The permanent drop-off sites shall be staffed during business hours. Household waste shall also be properly secured to prevent public access to the waste, including, but not limited to, preventing access to the waste during the site's non-business hours.

(g) The transfer and ultimate disposition of household waste received at the drop-off site shall comply with the Agency's approval, including all conditions contained in the approval. Transfer of waste shall occur at least weekly.

Section 99. Effective date. This Act takes effect upon becoming law.