Full Text of HB0437 99th General Assembly
HB0437ham001 99TH GENERAL ASSEMBLY | Rep. Barbara Wheeler Filed: 3/16/2015
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| 1 | | AMENDMENT TO HOUSE BILL 437
| 2 | | AMENDMENT NO. ______. Amend House Bill 437 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 22.55 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. |
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| 1 | | (b) Definitions. For the purposes of this Section: | 2 | | "Compostable waste" means household waste that is
| 3 | | source-separated food scrap, household waste that is
| 4 | | source-separated landscape waste, or a mixture of both. | 5 | | "Controlled substance" means a controlled substance as | 6 | | defined in the Illinois Controlled Substances Act. | 7 | | "Household waste" means waste generated from a single | 8 | | residence or multiple residences. | 9 | | "Household waste drop-off point" means the portion of a | 10 | | site or facility used solely for the receipt and temporary | 11 | | storage of household waste. | 12 | | "One-day compostable waste collection event" means a
| 13 | | household waste drop-off point approved by a county or
| 14 | | municipality under subsection (d-5) of this Section. | 15 | | "One-day household waste collection event" means a | 16 | | household waste drop-off point approved by the Agency under | 17 | | subsection (d) of this Section. | 18 | | "Permanent compostable waste collection point" means a | 19 | | household waste drop-off point approved by a county or | 20 | | municipality under subsection (d-6) of this Section. | 21 | | "Personal care product" means an item other than a | 22 | | pharmaceutical product that is consumed or applied by an | 23 | | individual for personal health, hygiene, or cosmetic | 24 | | reasons. Personal care products include, but are not | 25 | | limited to, items used in bathing, dressing, or grooming. | 26 | | "Pharmaceutical product" means medicine or a product |
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| 1 | | containing medicine. A pharmaceutical product may be sold | 2 | | by prescription or over the counter. "Pharmaceutical | 3 | | product" does not include (i) medicine that contains a | 4 | | radioactive component or a product that contains a | 5 | | radioactive component or (ii) a controlled substance. | 6 | | "Recycling coordinator" means the person designated by | 7 | | each county waste management plan to administer the county | 8 | | recycling program, as set forth in the Solid Waste | 9 | | Management Act. | 10 | | (c) Except as otherwise provided in Agency rules, the | 11 | | following requirements apply to each household waste drop-off | 12 | | point , other than a one-day household waste collection event , | 13 | | one-day compostable waste collection event, or permanent | 14 | | compostable waste collection point : | 15 | | (1) A household waste drop-off point must not accept | 16 | | waste other than the following types of household waste: | 17 | | pharmaceutical products, personal care products, batteries | 18 | | other than lead-acid batteries, paints, automotive fluids, | 19 | | compact fluorescent lightbulbs, mercury thermometers, and | 20 | | mercury thermostats. | 21 | | (2) Except as provided in subdivision (c)(2) of this | 22 | | Section, household waste drop-off points must be located at | 23 | | a site or facility where the types of products accepted at | 24 | | the household waste drop-off point are lawfully sold, | 25 | | distributed, or dispensed. For example, household waste | 26 | | drop-off points that accept prescription pharmaceutical |
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| 1 | | products must be located at a site or facility where | 2 | | prescription pharmaceutical products are sold, | 3 | | distributed, or dispensed. | 4 | | (A) Subdivision (c)(2) of this Section does not | 5 | | apply to household waste drop-off points operated by a | 6 | | government or school entity, or by an association or | 7 | | other organization of government or school entities. | 8 | | (B) Household waste drop-off points that accept | 9 | | mercury thermometers can be located at any site or | 10 | | facility where non-mercury thermometers are sold, | 11 | | distributed, or dispensed. | 12 | | (C) Household waste drop-off points that accept | 13 | | mercury thermostats can be located at any site or | 14 | | facility where non-mercury thermostats are sold, | 15 | | distributed, or dispensed. | 16 | | (3) The location of acceptance for each type of waste | 17 | | accepted at the household waste drop-off point must be | 18 | | clearly identified. Locations where pharmaceutical | 19 | | products are accepted must also include a copy of the sign | 20 | | required under subsection (j) of this Section. | 21 | | (4) Household waste must be accepted only from private | 22 | | individuals. Waste must not be accepted from other persons, | 23 | | including, but not limited to, owners and operators of | 24 | | rented or leased residences where the household waste was | 25 | | generated, commercial haulers, and other commercial, | 26 | | industrial, agricultural, and government operations or |
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| 1 | | entities. | 2 | | (5) If more than one type of household waste is | 3 | | accepted, each type of household waste must be managed | 4 | | separately prior to its packaging for off-site transfer. | 5 | | (6) Household waste must not be stored for longer than | 6 | | 90 days after its receipt, except as otherwise approved by | 7 | | the Agency in writing. | 8 | | (7) Household waste must be managed in a manner that | 9 | | protects against releases of the waste, prevents | 10 | | nuisances, and otherwise protects human health and the | 11 | | environment. Household waste must also be properly secured | 12 | | to prevent unauthorized public access to the waste, | 13 | | including, but not limited to, preventing access to the | 14 | | waste during the non-business hours of the site or facility | 15 | | on which the household waste drop-off point is located. | 16 | | Containers in which pharmaceutical products are collected | 17 | | must be clearly marked "No Controlled Substances". | 18 | | (8) Management of the household waste must be limited | 19 | | to the following: (i) acceptance of the waste, (ii) | 20 | | temporary storage of the waste prior to transfer, and (iii) | 21 | | off-site transfer of the waste and packaging for off-site | 22 | | transfer. | 23 | | (9) Off-site transfer of the household waste must | 24 | | comply with federal and State laws and regulations. | 25 | | (d) One-day household waste collection events. To further | 26 | | aid in the collection of certain household wastes, the Agency |
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| 1 | | may approve the operation of one-day household waste collection | 2 | | events. The Agency shall not approve a one-day household waste | 3 | | collection event at the same site or facility for more than one | 4 | | day each calendar quarter. Requests for approval must be | 5 | | submitted on forms prescribed by the Agency. The Agency must | 6 | | issue its approval in writing, and it may impose conditions as | 7 | | necessary to protect human health and the environment and to | 8 | | otherwise accomplish the purposes of this Act. One-day | 9 | | household waste collection events must be operated in | 10 | | accordance with the Agency's approval, including all | 11 | | conditions contained in the approval. The following | 12 | | requirements apply to all one-day household waste collection | 13 | | events, in addition to the conditions contained in the Agency's | 14 | | approval: | 15 | | (1) Waste accepted at the event must be limited to | 16 | | household waste and must not include garbage, landscape | 17 | | waste, controlled substances, or other waste excluded by | 18 | | the Agency in the Agency's approval or any conditions | 19 | | contained in the approval. | 20 | | (2) Household waste must be accepted only from private | 21 | | individuals. Waste must not be accepted from other persons, | 22 | | including, but not limited to, owners and operators of | 23 | | rented or leased residences where the household waste was | 24 | | generated, commercial haulers, and other commercial, | 25 | | industrial, agricultural, and government operations or | 26 | | entities. |
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| 1 | | (3) Household waste must be managed in a manner that | 2 | | protects against releases of the waste, prevents | 3 | | nuisances, and otherwise protects human health and the | 4 | | environment. Household waste must also be properly secured | 5 | | to prevent public access to the waste, including, but not | 6 | | limited to, preventing access to the waste during the | 7 | | event's non-business hours. | 8 | | (4) Management of the household waste must be limited | 9 | | to the following: (i) acceptance of the waste, (ii) | 10 | | temporary storage of the waste before transfer, and (iii) | 11 | | off-site transfer of the waste or packaging for off-site | 12 | | transfer. | 13 | | (5) Except as otherwise approved by the Agency, all | 14 | | household waste received at the collection event must be | 15 | | transferred off-site by the end of the day following the | 16 | | collection event. | 17 | | (6) The transfer and ultimate disposition of household | 18 | | waste received at the collection event must comply with the | 19 | | Agency's approval, including all conditions contained in | 20 | | the approval. | 21 | | (d-5) One-day compostable waste collection event. To | 22 | | further aid in the collection and composting of compostable | 23 | | waste, as defined in subsection (b), a municipality may approve | 24 | | the operation of one-day compostable waste collection events at | 25 | | any site or facility within its territorial jurisdiction, and a | 26 | | county may approve the operation of one-day compostable waste |
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| 1 | | collection events at any site or facility in any unincorporated | 2 | | area within its territorial jurisdiction. The approval granted | 3 | | under this subsection (d-5) must be in writing; must specify | 4 | | the date, location, and time of the event; and must list the | 5 | | types of compostable waste that will be collected at the event. | 6 | | If the one-day compostable waste collection event is to be | 7 | | operated at a location within a county with a population of | 8 | | more than 400,000 but less than 2,000,000 inhabitants, | 9 | | according to the 2010 decennial census, then the operator of | 10 | | the event shall, at least 30 days before the event, provide a | 11 | | copy of the approval to the recycling coordinator designated by | 12 | | that county. The approval granted under this subsection (d-5) | 13 | | may include conditions imposed by the county or municipality as | 14 | | necessary to protect public health and prevent odors, vectors, | 15 | | and other nuisances. A one-day compostable waste collection | 16 | | event approved under this subsection (d-5) must be operated in | 17 | | accordance with the approval, including all conditions | 18 | | contained in the approval. The following requirements shall | 19 | | apply to the one-day compostable waste collection event, in | 20 | | addition to the conditions contained in the approval: | 21 | | (1) Waste accepted at the event must be limited to the | 22 | | types of compostable waste authorized to be accepted under | 23 | | the approval. | 24 | | (2) Information promoting the event and signs at the | 25 | | event must clearly indicate the types of compostable waste | 26 | | approved for collection. To discourage the receipt of other |
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| 1 | | waste, information promoting the event and signs at the | 2 | | event must also include: | 3 | | (A) examples of compostable waste being collected; | 4 | | and | 5 | | (B) examples of waste that is not being collected. | 6 | | (3) Compostable waste must be accepted only from | 7 | | private individuals. It may not be accepted from other | 8 | | persons, including, but not limited to, owners and | 9 | | operators of rented or leased residences where it was | 10 | | generated, commercial haulers, and other commercial, | 11 | | industrial, agricultural, and government operations or | 12 | | entities. | 13 | | (4) Compostable waste must be managed in a manner that | 14 | | protects against releases of the waste, prevents | 15 | | nuisances, and otherwise protects human health and the | 16 | | environment. Compostable waste must be properly secured to | 17 | | prevent it from being accessed by the public at any time, | 18 | | including, but not limited to, during the collection | 19 | | event's non-operating hours. One-day compostable waste | 20 | | collection events must be adequately supervised during | 21 | | their operating hours. | 22 | | (5) Compostable waste must be secured in non-porous, | 23 | | rigid, leak-proof containers that: | 24 | | (A) are covered, except when the compostable waste | 25 | | is being added to or removed from the containers or it | 26 | | is otherwise necessary to access the compostable |
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| 1 | | waste; | 2 | | (B) prevent precipitation from draining through | 3 | | the compostable waste; | 4 | | (C) prevent dispersion of the compostable waste by | 5 | | wind; | 6 | | (D) contain spills or releases that could create | 7 | | nuisances or otherwise harm human health or the | 8 | | environment; | 9 | | (E) limit access to the compostable waste by | 10 | | vectors; | 11 | | (F) control odors and other nuisances; and | 12 | | (G) provide for storage, removal, and off-site | 13 | | transfer of the compostable waste in a manner that | 14 | | protects its ability to be composted. | 15 | | (6) No more than a total of 40 cubic yards of | 16 | | compostable waste shall be located at the collection site | 17 | | at any one time. | 18 | | (7) Management of the compostable waste must be limited | 19 | | to the following: (A) acceptance, (B) temporary storage | 20 | | before transfer, and (C) off-site transfer. | 21 | | (8) All compostable waste received at the event must be | 22 | | transferred off-site to a permitted compost facility by no | 23 | | later than 48 hours after the event ends or by the end of | 24 | | the first business day after the event ends, whichever is | 25 | | sooner. | 26 | | (9) If waste other than compostable waste is received |
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| 1 | | at the event, then that waste must be disposed of within 48 | 2 | | hours after the event ends or by the end of the first | 3 | | business day after the event ends, whichever is sooner. | 4 | | (d-6) Permanent compostable waste collection points. To | 5 | | further aid in the collection and composting of compostable | 6 | | waste, as defined in subsection (b), a municipality may approve | 7 | | the operation of permanent compostable waste collection points | 8 | | at any site or facility within its territorial jurisdiction, | 9 | | and a county may approve the operation of permanent compostable | 10 | | waste collection points at any site or facility in any | 11 | | unincorporated area within its territorial jurisdiction. The | 12 | | approval granted pursuant to this subsection (d-6) must be in | 13 | | writing; must specify the location, operating days, and | 14 | | operating hours of the collection point; must list the types of | 15 | | compostable waste that will be collected at the collection | 16 | | point; and must specify a term of not more than 365 calendar | 17 | | days during which the approval will be effective. In addition, | 18 | | if the permanent compostable waste collection point is to be | 19 | | operated at a location within a county with a population of | 20 | | more than 400,000 but less than 2,000,000 inhabitants, | 21 | | according to the 2010 federal decennial census, then the | 22 | | operator of the collection point shall, at least 30 days before | 23 | | the collection point begins operation, provide a copy of the | 24 | | approval to the recycling coordinator designated by that | 25 | | county. The approval may include conditions imposed by the | 26 | | county or municipality as necessary to protect public health |
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| 1 | | and prevent odors, vectors, and other nuisances. A permanent | 2 | | compostable waste collection point approved pursuant to this | 3 | | subsection (d-6) must be operated in accordance with the | 4 | | approval, including all conditions contained in the approval. | 5 | | The following requirements apply to the permanent compostable | 6 | | waste collection point, in addition to the conditions contained | 7 | | in the approval: | 8 | | (1) Waste accepted at the collection point must be | 9 | | limited to the types of compostable waste authorized to be | 10 | | accepted under the approval. | 11 | | (2) Information promoting the collection point and | 12 | | signs at the collection point must clearly indicate the | 13 | | types of compostable waste approved for collection. To | 14 | | discourage the receipt of other waste, information | 15 | | promoting the collection point and signs at the collection | 16 | | point must also include (A) examples of compostable waste | 17 | | being collected and (B) examples of waste that is not being | 18 | | collected. | 19 | | (3) Compostable waste must be accepted only from | 20 | | private individuals. It may not be accepted from other | 21 | | persons, including, but not limited to, owners and | 22 | | operators of rented or leased residences where it was | 23 | | generated, commercial haulers, and other commercial, | 24 | | industrial, agricultural, and government operations or | 25 | | entities. | 26 | | (4) Compostable waste must be managed in a manner that |
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| 1 | | protects against releases of the waste, prevents | 2 | | nuisances, and otherwise protects human health and the | 3 | | environment. Compostable waste must be properly secured to | 4 | | prevent it from being accessed by the public at any time, | 5 | | including, but not limited to, during the collection | 6 | | point's non-operating hours. Permanent compostable waste | 7 | | collection points must be adequately supervised during | 8 | | their operating hours. | 9 | | (5) Compostable waste must be secured in non-porous, | 10 | | rigid, leak-proof containers that: | 11 | | (A) are no larger than 10 cubic yards in size; | 12 | | (B) are covered, except when the compostable waste | 13 | | is being added to or removed from the container or it | 14 | | is otherwise necessary to access the compostable | 15 | | waste; | 16 | | (C) prevent precipitation from draining through | 17 | | the compostable waste; | 18 | | (D) prevent dispersion of the compostable waste by | 19 | | wind; | 20 | | (E) contain spills or releases that could create | 21 | | nuisances or otherwise harm human health or the | 22 | | environment; | 23 | | (F) limit access to the compostable waste by | 24 | | vectors; | 25 | | (G) control odors and other nuisances; and | 26 | | (H) provide for storage, removal, and off-site |
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| 1 | | transfer of the compostable waste in a manner that | 2 | | protects its ability to be composted. | 3 | | (6) No more than a total of 10 cubic yards of | 4 | | compostable waste shall be located at the permanent | 5 | | compostable waste collection site at any one time. | 6 | | (7) Management of the compostable waste must be limited | 7 | | to the following: (A) acceptance, (B) temporary storage | 8 | | before transfer, and (C) off-site transfer. | 9 | | (8) All compostable waste received at the permanent | 10 | | compostable waste collection point must be transferred | 11 | | off-site to a permitted compost facility not less | 12 | | frequently than once every 7 days. | 13 | | (9) If a permanent compostable waste collection point | 14 | | receives waste other than compostable waste, then that | 15 | | waste must be disposed of not less frequently than once | 16 | | every 7 days. | 17 | | (e) The Agency may adopt rules governing the operation of | 18 | | household waste drop-off points , other than one-day household | 19 | | waste collection events , one-day compostable waste collection | 20 | | events, and permanent compostable waste collection points . | 21 | | Those rules must be designed to protect against releases of | 22 | | waste to the environment, prevent nuisances, and otherwise | 23 | | protect human health and the environment. As necessary to | 24 | | address different circumstances, the regulations may contain | 25 | | different requirements for different types of household waste | 26 | | and different types of household waste drop-off points, and the |
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| 1 | | regulations may modify the requirements set forth in subsection | 2 | | (c) of this Section. The regulations may include, but are not | 3 | | limited to, the following: (i) identification of additional | 4 | | types of household waste that can be collected at household | 5 | | waste drop-off points, (ii) identification of the different | 6 | | types of household wastes that can be received at different | 7 | | household waste drop-off points, (iii) the maximum amounts of | 8 | | each type of household waste that can be stored at household | 9 | | waste drop-off points at any one time, and (iv) the maximum | 10 | | time periods each type of household waste can be stored at | 11 | | household waste drop-off points. | 12 | | (f) Prohibitions. | 13 | | (1) Except as authorized in a permit issued by the | 14 | | Agency, no person shall cause or allow the operation of a | 15 | | household waste drop-off point , other than a one-day | 16 | | household waste collection event , one-day compostable | 17 | | waste collection event, or permanent compostable waste | 18 | | collection point, in violation of this Section or any | 19 | | regulations adopted under this Section. | 20 | | (2) No person shall cause or allow the operation of a | 21 | | one-day household waste collection event in violation of | 22 | | this Section or the Agency's approval issued under | 23 | | subsection (d) of this Section, including all conditions | 24 | | contained in the approval. | 25 | | (3) No person shall cause or allow the operation of a | 26 | | one-day compostable waste collection event in violation of |
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| 1 | | this Section or the approval issued for the one-day | 2 | | compostable waste collection event under subsection (d-5) | 3 | | of this Section, including all conditions contained in the | 4 | | approval. | 5 | | (4) No person shall cause or allow the operation of a | 6 | | permanent compostable waste collection point in violation | 7 | | of this Section or the approval issued for the permanent | 8 | | compostable waste collection point under subsection (d-6) | 9 | | of this Section, including all conditions contained in the | 10 | | approval. | 11 | | (g) Permit exemptions. | 12 | | (1) No permit is required under subdivision (d)(1) of | 13 | | Section 21 of this Act for the operation of a household | 14 | | waste drop-off point , other than a one-day household waste | 15 | | collection event , one-day compostable waste collection | 16 | | event, or permanent compostable waste collection point, if | 17 | | the household waste drop-off point is operated in | 18 | | accordance with this Section and all regulations adopted | 19 | | under this Section. | 20 | | (2) No permit is required under subdivision (d)(1) of | 21 | | Section 21 of this Act for the operation of a one-day | 22 | | household waste collection event if the event is operated | 23 | | in accordance with this Section and the Agency's approval | 24 | | issued under subsection (d) of this Section, including all | 25 | | conditions contained in the approval, or for the operation | 26 | | of a household waste collection event by the Agency. |
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| 1 | | (3) No permit is required under paragraph (1) of | 2 | | subsection (d) of
Section 21 of this Act for the operation | 3 | | of a one-day compostable waste collection event if the | 4 | | compostable waste collection event is operated in | 5 | | accordance with this Section and the approval issued for | 6 | | the compostable waste collection point under subsection | 7 | | (d-5) of this Section, including all conditions contained | 8 | | in the approval. | 9 | | (4) No permit is required under paragraph (1) of | 10 | | subsection (d) of Section 21 of this Act for the operation | 11 | | of a permanent compostable waste collection point if the | 12 | | collection point is operated in accordance with this | 13 | | Section and the approval issued for the compostable waste | 14 | | collection point under subsection (d-6) of this Section, | 15 | | including all conditions contained in the approval. | 16 | | (h) This Section does not apply to the following: | 17 | | (1) Persons accepting household waste that they are | 18 | | authorized to accept under a permit issued by the Agency. | 19 | | (2) Sites or facilities operated pursuant to an | 20 | | intergovernmental agreement entered into with the Agency | 21 | | under Section 22.16b(d) of this Act. | 22 | | (i) The Agency, in consultation with the Department of | 23 | | Public Health, must develop and implement a public information | 24 | | program regarding household waste drop-off points that accept | 25 | | pharmaceutical products. | 26 | | (j) The Agency must develop a sign that provides |
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| 1 | | information on the proper disposal of unused pharmaceutical | 2 | | products. The Agency shall make a copy of the sign available | 3 | | for downloading from its website. | 4 | | (k) If an entity chooses to participate as a household | 5 | | waste drop-off point, then it must follow the provisions of | 6 | | this Section and any rules the Agency may adopt governing | 7 | | household waste drop-off points.
| 8 | | (Source: P.A. 96-121, eff. 8-4-09.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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