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Sen. Jacqueline Y. Collins
Filed: 5/12/2005
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09400HB0523sam001 |
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LRB094 03776 RSP 46218 a |
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| AMENDMENT TO HOUSE BILL 523
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| AMENDMENT NO. ______. Amend House Bill 523 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Department of Public Health Powers and |
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| Duties Law of the
Civil Administrative Code of Illinois is |
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| amended by adding Section 2310-252 as follows: |
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| (20 ILCS 2310/2310-252 new) |
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| Sec. 2310-252. Guidelines for needle disposal; education.
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| (a) The Illinois Department of Public Health, in |
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| cooperation with the Illinois Environmental Protection Agency, |
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| must create guidelines for the proper disposal of hypodermic |
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| syringes, needles, and other sharps used for |
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| self-administration purposes that are consistent with the |
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| available guidelines regarding disposal for home health care |
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| products provided by the United States Environmental |
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| Protection Agency. In establishing these guidelines, the |
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| Department shall promote flexible and convenient disposal |
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| methods appropriate to the area and level of services available |
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| to the person disposing of the hypodermic syringe, needle, or |
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| other sharps. The Department guidelines shall encourage the use |
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| of safe disposal programs that include, but are not limited to, |
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| the following: |
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| (1) drop box or supervised collection sites; |
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| (2) sharps mail-back programs; |
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| (3) syringe exchange programs; and |
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| (4) at-home needle destruction devices. |
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| (b) The Illinois Department of Public Health must develop |
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| educational materials regarding the safe disposal of |
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| hypodermic syringes, needles, and other sharps and distribute |
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| copies of these educational materials to pharmacies and the |
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| public. The educational materials must include information |
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| regarding safer injection, HIV prevention, proper methods for |
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| the disposal of hypodermic syringes, needles, and other sharps, |
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| and contact information for obtaining treatment for drug abuse |
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| and addiction. |
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| Section 10. The Environmental Protection Act is amended by |
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| changing Section
56.1 and by adding Sections 3.458 and 56.7 as |
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| follows:
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| (415 ILCS 5/3.458 new)
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| Sec. 3.458. Sharps collection station.
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| (a) "Sharps collection station" means a designated area at |
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| an applicable
facility where (i) hypodermic, intravenous, or |
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| other medical needles or syringes or other sharps, or (ii) |
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| medical household waste containing
medical sharps, including, |
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| but not limited to, hypodermic, intravenous, or
other medical |
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| needles or syringes or other sharps, are collected
for |
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| transport, storage, treatment, transfer, or disposal.
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| (b) For purposes of this Section, "applicable facility" |
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| means any of the
following:
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| (1) A hospital.
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| (2) An ambulatory surgical treatment center, |
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| physician's office, clinic, or other setting where a |
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| physician provides care.
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| (3) A pharmacy employing a registered pharmacist.
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| (4) The principal place of business of any government |
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| official who is
authorized under Section 1 of the |
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LRB094 03776 RSP 46218 a |
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| Hypodermic Syringes and Needles Act (720 ILCS
635/) to |
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| possess hypodermic, intravenous, or other medical needles, |
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| or
hypodermic or intravenous syringes, by reason of his or |
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| her official duties.
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| (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
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| Sec. 56.1. Acts prohibited.
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| (A) No person shall:
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| (a) Cause or allow the disposal of any potentially |
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| infectious medical
waste. Sharps may be disposed in any |
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| landfill permitted by the Agency under
Section 21 of this Act |
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| to accept municipal waste for disposal, if both:
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| (1) the infectious potential has been eliminated from |
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| the sharps by
treatment; and
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| (2) the sharps are packaged in accordance with Board |
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| regulations.
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| (b) Cause or allow the delivery of any potentially |
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| infectious medical
waste for transport, storage, treatment, or |
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| transfer except in accordance
with Board regulations.
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| (c) Beginning July 1, 1992, cause or allow the delivery of |
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| any
potentially infectious medical waste to a person or |
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| facility for storage,
treatment, or transfer that does not have |
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| a permit issued by the agency to
receive potentially infectious |
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| medical waste, unless no permit is required
under subsection |
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| (g)(1).
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| (d) Beginning July 1, 1992, cause or allow the delivery or |
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| transfer of
any potentially infectious medical waste for |
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| transport unless:
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| (1) the transporter has a permit issued by the Agency |
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| to transport
potentially infectious medical waste, or the |
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| transporter is exempt from the
permit requirement set forth |
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| in subsection (f)(l).
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| (2) a potentially infectious medical waste manifest is |
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| completed for
the waste if a manifest is required under |
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| subsection (h).
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| (e) Cause or allow the acceptance of any potentially |
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| infectious medical
waste for purposes of transport, storage, |
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| treatment, or transfer except in
accordance with Board |
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| regulations.
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| (f) Beginning July 1, 1992, conduct any potentially |
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| infectious medical
waste transportation operation:
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| (1) Without a permit issued by the Agency to transport |
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| potentially
infectious medical waste. No permit is |
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| required under this provision (f)(1)
for:
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| (A) a person transporting potentially infectious |
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| medical waste
generated solely by that person's |
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| activities;
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| (B) noncommercial transportation of less than 50 |
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| pounds of potentially
infectious medical waste at any |
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| one
time; or
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| (C) the U.S. Postal Service.
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| (2) In violation of any condition of any permit issued |
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| by the Agency
under this Act.
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| (3) In violation of any regulation adopted by the |
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| Board.
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| (4) In violation of any order adopted by the Board |
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| under this Act.
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| (g) Beginning July 1, 1992, conduct any potentially |
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| infectious medical
waste treatment, storage, or transfer |
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| operation:
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| (1) without a permit issued by the Agency that |
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| specifically
authorizes the treatment, storage, or transfer of |
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| potentially infectious
medical waste. No permit is required |
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| under this subsection (g) or subsection (d)(1) of Section 21 |
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| for any:
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| (A) Person conducting a potentially infectious |
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| medical waste
treatment, storage, or transfer |
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| operation for potentially infectious
medical waste |
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| generated by the person's own activities that are |
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| treated,
stored, or transferred within the site where |
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| the potentially infectious
medical waste is generated.
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| (B) Hospital that treats, stores, or transfers |
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| only potentially
infectious medical waste generated by |
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| its own activities or by members of its
medical staff.
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| (C) Sharps collection station that is operated in |
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| accordance with
Section 56.7.
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| (2) in violation of any condition of any permit issued |
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| by the Agency
under this Act.
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| (3) in violation of any regulation adopted by the |
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| Board.
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| (4) In violation of any order adopted by the Board |
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| under this Act.
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| (h) Transport potentially infectious medical waste unless |
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| the
transporter carries a completed potentially infectious |
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| medical waste
manifest. No manifest is required for the |
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| transportation of:
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| (1) potentially infectious medical waste being |
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| transported by
generators who generated the waste by their |
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| own activities, when the
potentially infectious medical |
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| waste is transported within or between sites
or facilities |
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| owned, controlled, or operated by that person;
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| (2) less than 50 pounds of potentially infectious |
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| medical waste at
any one time for a noncommercial
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| transportation activity; or
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| (3) potentially infectious medical waste by the U.S. |
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| Postal Service.
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| (i) Offer for transportation, transport, deliver, receive |
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| or accept
potentially infectious medical waste for which a |
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| manifest is required,
unless the manifest indicates that the |
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| fee required under Section 56.4 of
this Act has been paid.
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| (j) Beginning January 1, 1994, conduct a potentially |
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| infectious medical
waste treatment operation at an incinerator |
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LRB094 03776 RSP 46218 a |
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| in existence on the effective
date of this Title in violation |
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| of emission standards established
for these incinerators under |
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| Section 129 of the Clean Air Act (42 USC 7429),
as amended.
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| (B) In making its orders and determinations relative to
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| penalties, if any, to be imposed for violating subdivision |
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| (A)(a) of
this Section, the Board, in addition to the
factors |
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| in Sections 33(c) and 42(h) of this Act, or the Court shall |
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| take into
consideration whether the owner or operator of the |
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| landfill reasonably relied
on written statements from the |
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| person generating or treating the waste that
the waste is not |
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| potentially infectious medical waste.
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| (Source: P.A. 92-574, eff. 6-26-02.)
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| (415 ILCS 5/56.7 new)
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| Sec. 56.7. No permit shall be required under subsection |
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| (d)(1) of Section 21 or subsection (g) of Section 56.1 of this
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| Act for a sharps collection station if the station is operated |
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| in accordance
with all of the following:
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| (1) The only waste accepted at the sharps collection |
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| station is (i)
hypodermic, intravenous, or other medical |
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| needles or syringes or other sharps, or (ii) medical |
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| household waste containing used or
unused sharps, |
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| including but not limited to, hypodermic, intravenous, or |
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| other
medical needles or syringes or other sharps.
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| (2) The waste is stored and transferred in the same |
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| manner as required for
potentially infectious medical |
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| waste under this Act and under Board
regulations.
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| (3) The waste is not treated at the sharps collection |
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| station unless it is
treated in the same manner as required |
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| for potentially infectious medical waste
under this Act and |
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| under Board regulations.
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| (4) The waste is not disposed of at the sharps |
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| collection station.
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| (5) The waste is transported in the same manner as |