Full Text of HB1780 102nd General Assembly
HB1780ham001 102ND GENERAL ASSEMBLY | Rep. Jennifer Gong-Gershowitz Filed: 1/31/2022
| | 10200HB1780ham001 | | LRB102 13555 CPF 35681 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1780
| 2 | | AMENDMENT NO. ______. Amend House Bill 1780 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Drug | 5 | | Take-Back Act. | 6 | | Section 5. Findings. The General Assembly finds that: | 7 | | (1) A safe system for the collection and disposal of | 8 | | unused, unwanted, and expired medicines is a key element | 9 | | of a comprehensive strategy to prevent prescription drug | 10 | | abuse and pharmaceutical pollution. Home medicine cabinets | 11 | | are full of unused and expired prescription drugs, only a | 12 | | fraction of which get disposed of properly. | 13 | | (2) Storing unused, unwanted, or expired medicines can | 14 | | lead to accidental poisoning, drug abuse, and even drug | 15 | | trafficking, but disposing of medicines by flushing them | 16 | | down the toilet or placing them in the garbage can |
| | | 10200HB1780ham001 | - 2 - | LRB102 13555 CPF 35681 a |
|
| 1 | | contaminate groundwater and other bodies of water, | 2 | | contributing to long-term harm to the environment and | 3 | | animal life. | 4 | | (3) Manufacturers of these drugs hold the ultimate | 5 | | responsibility for the lasting impacts of the drugs they | 6 | | produce. | 7 | | (4) The General Assembly therefore finds that it is in | 8 | | the interest of public health and environmental protection | 9 | | to establish a single, uniform, statewide system of | 10 | | regulation for safe and secure collection and disposal of | 11 | | medicines through a uniform drug "take-back" program | 12 | | operated and funded by drug manufacturers. | 13 | | Section 10. Definitions. In this Act: | 14 | | "Agency" means the Environmental Protection Agency. | 15 | | "Authorized collector" means any of the following who | 16 | | collect covered drugs through participation in a drug | 17 | | take-back program: | 18 | | (1) a person who is registered with the United States | 19 | | Drug Enforcement Administration to collect controlled | 20 | | substances for the purpose of destruction; | 21 | | (2) a law enforcement agency; | 22 | | (3) a unit of local government working in conjunction | 23 | | with a law enforcement agency; or | 24 | | (4) a household waste drop-off point or one-day | 25 | | household waste collection event, as those terms are |
| | | 10200HB1780ham001 | - 3 - | LRB102 13555 CPF 35681 a |
|
| 1 | | defined in Section 22.55 of the Environmental Protection | 2 | | Act. | 3 | | "Collection site" means the location where an authorized | 4 | | collector collects covered drugs as part of a drug take-back | 5 | | program under this Act. | 6 | | "Consumer" means a person who possesses a covered drug for | 7 | | personal use or for the use of a member of the person's | 8 | | household. | 9 | | "Covered drug" means a legend drug, nonlegend drug, brand | 10 | | name drug, or generic drug. "Covered drug" does not include: | 11 | | (1) a dietary supplement as defined by 21 U.S.C. 321 | 12 | | (ff); | 13 | | (2) drugs that are defined as Schedule I controlled | 14 | | substances under the Illinois Controlled Substances Act or | 15 | | the federal Controlled Substances Act; | 16 | | (3) personal care products, including, but not limited | 17 | | to, cosmetics, shampoos, sunscreens, lip balms, | 18 | | toothpastes, and antiperspirants, that are regulated as | 19 | | both cosmetics and nonprescription drugs under the federal | 20 | | Food, Drug, and Cosmetic Act, 21 U.S.C. 301. | 21 | | (4) drugs for which manufacturers provide a | 22 | | pharmaceutical product stewardship or drug take-back | 23 | | program as part of a federal managed risk evaluation and | 24 | | mitigation strategy under 21 U.S.C. 355-1; | 25 | | (5) biological products, as defined by 42 U.S.C. | 26 | | 262(i)(l); |
| | | 10200HB1780ham001 | - 4 - | LRB102 13555 CPF 35681 a |
|
| 1 | | (6) drugs that are administered in a clinical setting; | 2 | | (7) emptied injector products or emptied medical | 3 | | devices and their component parts or accessories; | 4 | | (8) needles or sharps; | 5 | | (9) pet pesticide products contained in pet collars, | 6 | | powders, shampoos, topical applications, or other forms; | 7 | | or | 8 | | (10) dialysate drugs or other saline solutions | 9 | | required to perform kidney dialysis. | 10 | | "Covered manufacturer" means a manufacturer of a covered | 11 | | drug that is sold or offered for sale in Illinois. "Covered | 12 | | manufacturer" does not include a pharmacy. | 13 | | "Drug" has the same meaning as defined in Section 2.4 of | 14 | | the Illinois Food, Drug and Cosmetic Act. | 15 | | "Drug take-back program" means a program implemented under | 16 | | this Act by a manufacturer program operator for the | 17 | | collection, transportation, and disposal of covered drugs. | 18 | | "Generic drug" means a drug determined to be | 19 | | therapeutically equivalent to a brand name drug by the United | 20 | | States Food and Drug Administration and that is available for | 21 | | substitution in Illinois in accordance with the Illinois Food, | 22 | | Drug and Cosmetic Act and the Pharmacy Practice Act. | 23 | | "Legend drug" has the same meaning as defined in Section | 24 | | 3.23 of the Illinois Food, Drug and Cosmetic Act. | 25 | | "Manufacturer program operator" means a covered | 26 | | manufacturer, a group of covered manufacturers, or an entity |
| | | 10200HB1780ham001 | - 5 - | LRB102 13555 CPF 35681 a |
|
| 1 | | acting on behalf of a covered manufacturer or group of covered | 2 | | manufacturers, that implements a drug take-back program. | 3 | | "Medical practitioner" has the same meaning as defined in | 4 | | Section 3.23 of the Illinois Food, Drug and Cosmetic Act. | 5 | | "Nonlegend drug" means a drug that does not require | 6 | | dispensing by prescription and which is not restricted to use | 7 | | by practitioners only. | 8 | | "Person" means any individual, partnership, | 9 | | co-partnership, firm, company, limited liability company, | 10 | | corporation, association, joint stock company, trust, estate, | 11 | | political subdivision, State agency, or any other legal | 12 | | entity, or their legal representative, agent, or assign. | 13 | | "Pharmacy" has the meaning provided in Section 3 of the | 14 | | Pharmacy Practice Act. A "pharmacy" is not a covered | 15 | | manufacturer. | 16 | | "Potential authorized collector" means a person who is | 17 | | eligible to be an authorized collector by participating in a | 18 | | drug take-back program. | 19 | | "Prescription drug" has the same meaning as defined in | 20 | | Section 2.37 of the Illinois Food, Drug and Cosmetic Act. | 21 | | "Private label distributor" has the same meaning as | 22 | | defined in 21 CFR 207.1.
| 23 | | "Program year" means a calendar year, except that the | 24 | | first program year is from January 1, 2024 through December | 25 | | 31, 2024.
| 26 | | "Proprietary information" means information that is |
| | | 10200HB1780ham001 | - 6 - | LRB102 13555 CPF 35681 a |
|
| 1 | | submitted under this Act. | 2 | | "Repackager" means a repacker as that term is defined in | 3 | | 21 CFR 207.1. | 4 | | Section 15. Participation in a drug take-back program. | 5 | | Each covered manufacturer must, beginning January 1, 2024 or 6 | 6 | | months after becoming a covered manufacturer, whichever is | 7 | | later, individually or collectively implement an approved drug | 8 | | take-back program that complies with the requirements of this | 9 | | Act. A covered manufacturer must establish, fund, and | 10 | | implement a drug take-back program independently or as part of | 11 | | a group of covered manufacturers. | 12 | | Section 20. Identification of covered manufacturers. | 13 | | (a) No later than April 1, 2023, each pharmacy, private | 14 | | label distributor, and repackager that sells or offers for | 15 | | sale in Illinois, under its own label, a covered drug must | 16 | | provide written notification to the Agency identifying the | 17 | | covered manufacturer from which the covered drug is obtained. | 18 | | (b) All covered manufacturers of covered drugs sold or | 19 | | offered for sale in Illinois must register with the Agency and | 20 | | pay to the Agency the annual registration fee as set forth | 21 | | under Section 60. | 22 | | Section 25. Drug take-back program requirements. | 23 | | (a) At least 120 days prior to submitting a proposal under |
| | | 10200HB1780ham001 | - 7 - | LRB102 13555 CPF 35681 a |
|
| 1 | | Section 35, a manufacturer program operator must notify | 2 | | potential authorized collectors of the opportunity to serve as | 3 | | an authorized collector for the proposed drug take-back | 4 | | program. No later than 30 days after a potential authorized | 5 | | collector expresses interest in participating in a proposed | 6 | | program, the manufacturer program operator must commence good | 7 | | faith negotiations with the potential authorized collector | 8 | | regarding the collector's participation in the program. | 9 | | (b) A person may serve as an authorized collector for a | 10 | | drug take-back program voluntarily or in exchange for | 11 | | compensation. Nothing in this Act requires any person to serve | 12 | | as an authorized collector for a drug take-back program. | 13 | | (c) A pharmacy shall not be required to participate in a | 14 | | drug take-back program. | 15 | | (d) A drug take-back program must include as a collector | 16 | | any person who (i) is a potential authorized collector and | 17 | | (ii) offers to participate in the program. The manufacturer | 18 | | program operator must include the person in the program as an | 19 | | authorized collector no later than 90 days after receiving a | 20 | | written offer to participate. | 21 | | (e) A drug take-back program must pay for all | 22 | | administrative and operational costs of the drug take-back | 23 | | program, as outlined in subsection (a) of Section 55. | 24 | | (f) An authorized collector operating a drug take-back | 25 | | program collection site must accept all covered drugs from | 26 | | consumers during the hours that the location used as a |
| | | 10200HB1780ham001 | - 8 - | LRB102 13555 CPF 35681 a |
|
| 1 | | collection site is normally open for business to the public. | 2 | | (g) A drug take-back program collection site must collect | 3 | | covered drugs and store them in compliance with State and | 4 | | federal law, including United States Drug Enforcement | 5 | | Administration regulations. The manufacturer program operator | 6 | | must provide for transportation and disposal of collected | 7 | | covered drugs in a manner that ensures each collection site is | 8 | | serviced as often as necessary to avoid reaching capacity and | 9 | | that collected covered drugs are transported to final disposal | 10 | | in a manner compliant with State and federal law, including a | 11 | | process for additional prompt collection service upon | 12 | | notification from the collection site. Covered drugs shall be | 13 | | disposed of at: | 14 | | (1) a permitted hazardous waste facility that meets | 15 | | the requirements under 40 CFR 264 and 40 CFR 265; | 16 | | (2) a permitted municipal waste incinerator that meets | 17 | | the requirements under 40 CFR 50 and 40 CFR 62; or | 18 | | (3) a permitted hospital, medical, and infectious | 19 | | waste incinerator that meets the requirements under | 20 | | subpart Hhh of 40 CFR part 62, an applicable State plan for | 21 | | existing hospital, medical, and infectious waste | 22 | | incinerators, or subpart EC of 40 CFR part 60 for new | 23 | | hospital, medical, and infectious waste incinerators. | 24 | | (h) Authorized collectors must comply with all State and | 25 | | federal laws and regulations governing the collection, | 26 | | storage, and disposal of covered drugs, including United |
| | | 10200HB1780ham001 | - 9 - | LRB102 13555 CPF 35681 a |
|
| 1 | | States Drug Enforcement Administration regulations. | 2 | | (i) A drug take-back program must provide for the | 3 | | collection, transportation, and disposal of covered drugs on | 4 | | an ongoing, year-round basis and must provide access for | 5 | | residents across the State as set forth in subsection (j). | 6 | | (j) A drug take-back program shall provide, in every | 7 | | county with a potential authorized collector, one authorized | 8 | | collection site and a minimum of at least one additional | 9 | | collection site for every 50,000 county residents, provided | 10 | | that there are enough potential authorized collectors offering | 11 | | to participate in the drug take-back program. | 12 | | All potential authorized collection sites that offer to | 13 | | participate in a drug take-back program shall be counted | 14 | | towards meeting the minimum number of authorized collection | 15 | | sites within a drug take-back program. Collection sites funded | 16 | | in part or in whole under a contract between a covered | 17 | | manufacturer and a pharmacy entered into on or before the | 18 | | effective date of this Act shall be counted towards the | 19 | | minimum requirements within this Section for so long as the | 20 | | contract continues. | 21 | | (k) A drug take-back program may include mail-back | 22 | | distribution locations or periodic collection events for each | 23 | | county in the State. The manufacturer program operator shall | 24 | | consult with each county authority identified in the written | 25 | | notice prior to preparing the program plan to determine the | 26 | | role that mail-back distribution locations or periodic |
| | | 10200HB1780ham001 | - 10 - | LRB102 13555 CPF 35681 a |
|
| 1 | | collection events will have in the drug take-back program. | 2 | | The requirement to hold periodic collection events shall | 3 | | be deemed to be satisfied if a manufacturer program operator | 4 | | makes reasonable efforts to arrange periodic collection events | 5 | | but they cannot be scheduled due to lack of law enforcement | 6 | | availability. | 7 | | A drug take-back program must permit a consumer who is a | 8 | | homeless, homebound, or disabled individual to request | 9 | | prepaid, preaddressed mailing envelopes. A manufacturer | 10 | | program operator shall accept the request through a website | 11 | | and toll-free telephone number that it must maintain to comply | 12 | | with the requests.
| 13 | | Section 30. Manufacturer program operator requirements. A | 14 | | manufacturer program operator shall: | 15 | | (1) Adopt policies and procedures to be followed by | 16 | | persons handling covered drugs collected under the program | 17 | | to ensure compliance with State and federal laws, rules, | 18 | | and regulations, including regulations adopted by the | 19 | | United States Drug Enforcement Administration. | 20 | | (2) Ensure the security of patient information on drug | 21 | | packaging during collection, transportation, recycling, | 22 | | and disposal. | 23 | | (3) Promote the program by providing consumers, | 24 | | pharmacies, and other entities with educational and | 25 | | informational materials as required under Section 45. |
| | | 10200HB1780ham001 | - 11 - | LRB102 13555 CPF 35681 a |
|
| 1 | | (4) Consider: | 2 | | (A) the use of existing providers of | 3 | | pharmaceutical waste transportation and disposal | 4 | | services; | 5 | | (B) separation of covered drugs from packaging to | 6 | | reduce transportation and disposal costs; and | 7 | | (C) recycling of drug packaging. | 8 | | Section 35. Drug take-back program approval. | 9 | | (a) By July 1, 2023, each covered manufacturer must | 10 | | individually or collectively submit to the Agency for review | 11 | | and approval a proposal for the establishment and | 12 | | implementation of a drug take-back program. The proposal must | 13 | | demonstrate that the drug take-back program will fulfill the | 14 | | requirements under Section 25. If the Agency receives more | 15 | | than one proposal for a drug take-back program, the Agency | 16 | | shall review all proposals in conjunction with one another to | 17 | | ensure the proposals are coordinated to achieve the authorized | 18 | | collection site coverage set forth in subsection (j) of | 19 | | Section 25. | 20 | | (b) The Agency shall approve a proposed program if each | 21 | | covered manufacturer and manufacturer program operator | 22 | | participating in the program has registered and paid the fee | 23 | | under Section 60, the program proposal demonstrates the | 24 | | program fulfills the requirements under Section 25, and the | 25 | | proposal includes the following information on forms |
| | | 10200HB1780ham001 | - 12 - | LRB102 13555 CPF 35681 a |
|
| 1 | | prescribed by the Agency: | 2 | | (1) The identity and contact information for the | 3 | | manufacturer program operator and each participating | 4 | | covered manufacturer. | 5 | | (2) The identity and contact information for the | 6 | | authorized collectors participating in the drug take-back | 7 | | program. | 8 | | (3) The identity of transporters and waste disposal | 9 | | facilities that the program will use to transport and | 10 | | dispose of collected covered drugs. | 11 | | (4) The identity of all potential authorized | 12 | | collectors that were notified of the opportunity to serve | 13 | | as an authorized collector, including how they were | 14 | | notified. | 15 | | (c) Within 90 days after receiving a drug take-back | 16 | | program proposal, the Agency shall either approve, reject, or | 17 | | approve with modification the proposal in writing to the | 18 | | manufacturer program operator. If the Agency rejects the | 19 | | proposal, it shall provide the reason for rejection. | 20 | | (d) No later than 90 days after receipt of a notice of | 21 | | rejection under subsection (c) of this Section, the | 22 | | manufacturer or manufacturers participating in the program | 23 | | shall submit a revised proposal to the Agency. Within 90 days | 24 | | of receipt of a revised proposal the Agency shall either | 25 | | approve or reject the revised proposal in writing to the | 26 | | manufacturer program operator. |
| | | 10200HB1780ham001 | - 13 - | LRB102 13555 CPF 35681 a |
|
| 1 | | (e) After approval, covered manufacturers must, | 2 | | individually or collectively, initiate operation of a drug | 3 | | take-back program meeting the requirements under Section 25 no | 4 | | later than December 1, 2023. | 5 | | Section 40. Changes or modifications to the approved | 6 | | manufacturer drug take-back program. A manufacturer program | 7 | | operator shall maintain records for 5 years of any changes to | 8 | | an approved drug take-back program. These include, but are not | 9 | | limited to, changes in: | 10 | | (1) participating covered manufacturers; | 11 | | (2) collection methods; | 12 | | (3) collection site locations; or | 13 | | (4) contact information for the program operator or | 14 | | authorized collectors. | 15 | | Section 45. Drug take-back program promotion. Each drug | 16 | | take-back program must include a system of promotion, | 17 | | education, and public outreach about the proper collection and | 18 | | management of covered drugs. If there is more than one drug | 19 | | take-back program operated by more than one manufacturer | 20 | | program operator, the requirements of this Section shall be | 21 | | implemented by all drug take-back programs collectively using | 22 | | a single toll-free number and website and similar education, | 23 | | outreach, and promotional materials. This may include, but is | 24 | | not limited to, signage, written materials to be provided at |
| | | 10200HB1780ham001 | - 14 - | LRB102 13555 CPF 35681 a |
|
| 1 | | the time of purchase or delivery of covered drugs, and | 2 | | advertising or other promotional materials. At a minimum, | 3 | | promotion, education, and public outreach must include the | 4 | | following: | 5 | | (1) Promoting the proper management of drugs by | 6 | | residents and the collection of covered drugs through a | 7 | | drug take-back program. | 8 | | (2) Discouraging residents from disposing of drugs in | 9 | | household waste, sewers, or septic systems. | 10 | | (3) Promoting the use of the drug take-back program so | 11 | | that where and how to return covered drugs is readily | 12 | | understandable to residents. | 13 | | (4) Maintaining a toll-free telephone number and web | 14 | | site publicizing collection options and collection sites, | 15 | | and discouraging improper disposal practices for covered | 16 | | drugs, such as disposal in household waste, sewers, or | 17 | | septic systems. | 18 | | (5) Preparing and distributing to program collection | 19 | | sites, for dissemination to consumers, the educational and | 20 | | outreach materials. The materials must use plain language | 21 | | and explanatory images to make collection services and | 22 | | discouraged disposal practices readily understandable by | 23 | | residents, including residents with limited English | 24 | | proficiency. | 25 | | (6) Promotional materials prepared and distributed in | 26 | | conjunction with an approved drug take-back program under |
| | | 10200HB1780ham001 | - 15 - | LRB102 13555 CPF 35681 a |
|
| 1 | | this Section may not be used to promote in-home disposal | 2 | | products of any kind, including, but not limited to, | 3 | | in-home disposal products of authorized collectors | 4 | | participating in a drug take-back program. | 5 | | Section 50. Annual program report. | 6 | | (a) By April 1, 2025, and each April 1 thereafter, a | 7 | | manufacturer program operator must submit to the Agency a | 8 | | report describing implementation of the drug take-back program | 9 | | during the previous calendar year. The report must include: | 10 | | (1) a list of the covered manufacturers participating | 11 | | in the drug take-back program during the program year; | 12 | | (2) the total amount, by weight, of covered drugs | 13 | | collected and the amount, by weight, from each collection | 14 | | method used during the program year, reported by county; | 15 | | (3) the total amount, by weight, of covered drugs | 16 | | collected from each collection site during the prior year; | 17 | | (4) the following details regarding the program's | 18 | | collection system: | 19 | | (A) a list of collection sites, with addresses; | 20 | | (B) collection sites where mailers to program | 21 | | collection sites, for dissemination to consumers, and | 22 | | education and outreach materials were made available | 23 | | to the public; | 24 | | (C) dates and locations of collection events held; | 25 | | and |
| | | 10200HB1780ham001 | - 16 - | LRB102 13555 CPF 35681 a |
|
| 1 | | (D) the transporters and disposal facility or | 2 | | facilities used to dispose of the covered drugs | 3 | | collected; and | 4 | | (5) a description of the promotion, education, and | 5 | | public outreach activities implemented; | 6 | | (6) a description of how collected packaging was | 7 | | recycled to the extent feasible; and | 8 | | (7) an evaluation of the program's effectiveness in | 9 | | collecting covered drugs during the program year and of | 10 | | any program changes that have been implemented. | 11 | | Section 55. Manufacturer drug take-back program funding. | 12 | | (a) A covered manufacturer or group of covered | 13 | | manufacturers must pay all administrative and operational | 14 | | costs associated with establishing and implementing the drug | 15 | | take-back program in which it participates. Such | 16 | | administrative and operational costs include, but are not | 17 | | limited to: | 18 | | (1) collection and transportation supplies for each | 19 | | collection site; | 20 | | (2) purchase of collection receptacles for each | 21 | | collection site; | 22 | | (3) ongoing maintenance or replacement of collection | 23 | | receptacles when requested by authorized collectors; | 24 | | (4) costs related to prepaid, preaddressed mail; | 25 | | (5) compensation of authorized collectors, if |
| | | 10200HB1780ham001 | - 17 - | LRB102 13555 CPF 35681 a |
|
| 1 | | applicable; | 2 | | (6) operation of periodic collection events, | 3 | | including, but not limited to, the cost of law enforcement | 4 | | staff time; | 5 | | (7) transportation of all collected covered drugs to | 6 | | final disposal; | 7 | | (8) proper disposal of all collected covered drugs in | 8 | | compliance with State and federal laws, rules, and | 9 | | regulations; and | 10 | | (9) program promotion and outreach.
| 11 | | (b) A manufacturer program operator shall allocate to | 12 | | covered manufacturers participating in the drug take-back | 13 | | program the administration and operational costs of the | 14 | | programs. The method of cost allocation shall be included in | 15 | | the drug take-back program proposal required under Section 35. | 16 | | (c) A manufacturer program operator, covered manufacturer, | 17 | | authorized collector, or other person may not charge: | 18 | | (1) a specific point-of-sale fee to consumers to | 19 | | recoup the costs of a drug take-back program; | 20 | | (2) a specific point-of-collection fee at the time | 21 | | covered drugs are collected from a person; or | 22 | | (3) an increase in the cost of covered drugs to recoup | 23 | | the costs of a drug take-back program. | 24 | | (d) A manufacturer program operator or covered | 25 | | manufacturer shall not charge any fee to an authorized | 26 | | collector or authorized collection site. |
| | | 10200HB1780ham001 | - 18 - | LRB102 13555 CPF 35681 a |
|
| 1 | | (e) The funding requirements in this Section shall not | 2 | | apply to a pharmacy location that is part of an existing | 3 | | contractual agreement entered into prior to the effective date | 4 | | of this Act between a pharmacy and a covered manufacturer to | 5 | | fund in part or whole the collection, transportation, or | 6 | | disposal of a covered drug so long as that contractual | 7 | | arrangement continues. | 8 | | Section 60. Registration fee. | 9 | | (a) By January 1, 2023, and by January 1 of each year | 10 | | thereafter, each covered manufacturer and manufacturer program | 11 | | operator shall register with the Agency and submit to the | 12 | | Agency a $5,000 registration fee. | 13 | | (b) All fees collected under this Section must be | 14 | | deposited in the Solid Waste Management Fund to be used solely | 15 | | for the administration of this Act. | 16 | | Section 65. Rules; enforcement; penalties. | 17 | | (a) The Agency may adopt any rules it deems necessary to | 18 | | implement and administer this Act. | 19 | | (b) Except as otherwise provided in this Act, any person | 20 | | who violates any provision of this Act is liable for a civil | 21 | | penalty of $7,000 per violation per day, provided that the | 22 | | penalty for failure to register or pay a fee under this Act | 23 | | shall be double the applicable registration fee. | 24 | | (c) The penalties provided for in this Section may be |
| | | 10200HB1780ham001 | - 19 - | LRB102 13555 CPF 35681 a |
|
| 1 | | recovered in a civil action brought in the name of the People | 2 | | of the State of Illinois by the State's Attorney of the county | 3 | | in which the violation occurred or by the Attorney General. | 4 | | Any penalties collected under this Section in an action in | 5 | | which the Attorney General has prevailed shall be deposited in | 6 | | the Environmental Protection Trust Fund. | 7 | | (d) The Attorney General or the State's Attorney of a | 8 | | county in which a violation occurs may institute a civil | 9 | | action for an injunction, prohibitory or mandatory, to | 10 | | restrain violations of this Act or to require such actions as | 11 | | may be necessary to address violations of this Act. | 12 | | (e) The penalties and injunctions provided in this Act are | 13 | | in addition to any penalties, injunctions, or other relief | 14 | | provided under any other law. Nothing in this Act bars a cause | 15 | | of action by the State for any other penalty, injunction, or | 16 | | other relief provided by any other law. | 17 | | (f) Any person who knowingly makes a false, fictitious, or | 18 | | fraudulent material statement, orally or in writing, to the | 19 | | Agency, related to or required by this Act or any rule adopted | 20 | | under this Act commits a Class 4 felony, and each such | 21 | | statement or writing shall be considered a separate Class 4 | 22 | | felony. A person who, after being convicted under this | 23 | | subsection (f), violates this subsection (f) a second or | 24 | | subsequent time, commits a Class 3 felony. | 25 | | Section 70. Antitrust immunity. The activities authorized |
| | | 10200HB1780ham001 | - 20 - | LRB102 13555 CPF 35681 a |
|
| 1 | | by this Act require collaboration among covered manufacturers | 2 | | and among authorized collectors. These activities will enable | 3 | | safe and secure collection and disposal of covered drugs in | 4 | | Illinois and are therefore in the best interest of the public. | 5 | | The benefits of collaboration, together with active State | 6 | | supervision, outweigh potential adverse impacts. Therefore, | 7 | | the General Assembly intends to exempt from State antitrust | 8 | | laws, and provide immunity through the state action doctrine | 9 | | from federal antitrust laws, activities that are undertaken | 10 | | pursuant to this Act that might otherwise be constrained by | 11 | | such laws. The General Assembly does not intend and does not | 12 | | authorize any person or entity to engage in activities not | 13 | | provided for by this Act, and the General Assembly neither | 14 | | exempts nor provides immunity for such activities. | 15 | | Section 75. Public disclosure. Proprietary information | 16 | | submitted to the Agency under this Act is exempted from | 17 | | disclosure as provided under paragraphs (g) and (mm) of | 18 | | subsection (1) of Section 7 of the Freedom of Information Act. | 19 | | Section 90. Home rule. | 20 | | (a) It is the intent of the General Assembly that, in order | 21 | | to ensure a uniform, statewide solution, on and after the | 22 | | effective date of this Act no unit of local government shall | 23 | | mandate that a new drug take-back or disposal program be | 24 | | created and no expansion or change of an existing program or |
| | | 10200HB1780ham001 | - 21 - | LRB102 13555 CPF 35681 a |
|
| 1 | | program requirement by a unit of local government shall occur | 2 | | that is inconsistent with this Act. | 3 | | (b) A home rule municipality may not regulate drug | 4 | | take-back programs in a manner inconsistent with the | 5 | | regulation by the State of drug take-back programs under this | 6 | | Act. This Section is a limitation under subsection (i) of | 7 | | Section 6 of Article VII of the Illinois Constitution on the | 8 | | concurrent exercise by home rule units of powers and functions | 9 | | exercised by the State. | 10 | | Section 95. The Freedom of Information Act is amended by | 11 | | changing Section 7 as follows: | 12 | | (5 ILCS 140/7) (from Ch. 116, par. 207) | 13 | | Sec. 7. Exemptions.
| 14 | | (1) When a request is made to inspect or copy a public | 15 | | record that contains information that is exempt from | 16 | | disclosure under this Section, but also contains information | 17 | | that is not exempt from disclosure, the public body may elect | 18 | | to redact the information that is exempt. The public body | 19 | | shall make the remaining information available for inspection | 20 | | and copying. Subject to this requirement, the following shall | 21 | | be exempt from inspection and copying:
| 22 | | (a) Information specifically prohibited from | 23 | | disclosure by federal or
State law or rules and | 24 | | regulations implementing federal or State law.
|
| | | 10200HB1780ham001 | - 22 - | LRB102 13555 CPF 35681 a |
|
| 1 | | (b) Private information, unless disclosure is required | 2 | | by another provision of this Act, a State or federal law or | 3 | | a court order. | 4 | | (b-5) Files, documents, and other data or databases | 5 | | maintained by one or more law enforcement agencies and | 6 | | specifically designed to provide information to one or | 7 | | more law enforcement agencies regarding the physical or | 8 | | mental status of one or more individual subjects. | 9 | | (c) Personal information contained within public | 10 | | records, the disclosure of which would constitute a | 11 | | clearly
unwarranted invasion of personal privacy, unless | 12 | | the disclosure is
consented to in writing by the | 13 | | individual subjects of the information. "Unwarranted | 14 | | invasion of personal privacy" means the disclosure of | 15 | | information that is highly personal or objectionable to a | 16 | | reasonable person and in which the subject's right to | 17 | | privacy outweighs any legitimate public interest in | 18 | | obtaining the information. The
disclosure of information | 19 | | that bears on the public duties of public
employees and | 20 | | officials shall not be considered an invasion of personal
| 21 | | privacy.
| 22 | | (d) Records in the possession of any public body | 23 | | created in the course of administrative enforcement
| 24 | | proceedings, and any law enforcement or correctional | 25 | | agency for
law enforcement purposes,
but only to the | 26 | | extent that disclosure would:
|
| | | 10200HB1780ham001 | - 23 - | LRB102 13555 CPF 35681 a |
|
| 1 | | (i) interfere with pending or actually and | 2 | | reasonably contemplated
law enforcement proceedings | 3 | | conducted by any law enforcement or correctional
| 4 | | agency that is the recipient of the request;
| 5 | | (ii) interfere with active administrative | 6 | | enforcement proceedings
conducted by the public body | 7 | | that is the recipient of the request;
| 8 | | (iii) create a substantial likelihood that a | 9 | | person will be deprived of a fair trial or an impartial | 10 | | hearing;
| 11 | | (iv) unavoidably disclose the identity of a | 12 | | confidential source, confidential information | 13 | | furnished only by the confidential source, or persons | 14 | | who file complaints with or provide information to | 15 | | administrative, investigative, law enforcement, or | 16 | | penal agencies; except that the identities of | 17 | | witnesses to traffic accidents, traffic accident | 18 | | reports, and rescue reports shall be provided by | 19 | | agencies of local government, except when disclosure | 20 | | would interfere with an active criminal investigation | 21 | | conducted by the agency that is the recipient of the | 22 | | request;
| 23 | | (v) disclose unique or specialized investigative | 24 | | techniques other than
those generally used and known | 25 | | or disclose internal documents of
correctional | 26 | | agencies related to detection, observation or |
| | | 10200HB1780ham001 | - 24 - | LRB102 13555 CPF 35681 a |
|
| 1 | | investigation of
incidents of crime or misconduct, and | 2 | | disclosure would result in demonstrable harm to the | 3 | | agency or public body that is the recipient of the | 4 | | request;
| 5 | | (vi) endanger the life or physical safety of law | 6 | | enforcement personnel
or any other person; or
| 7 | | (vii) obstruct an ongoing criminal investigation | 8 | | by the agency that is the recipient of the request.
| 9 | | (d-5) A law enforcement record created for law | 10 | | enforcement purposes and contained in a shared electronic | 11 | | record management system if the law enforcement agency | 12 | | that is the recipient of the request did not create the | 13 | | record, did not participate in or have a role in any of the | 14 | | events which are the subject of the record, and only has | 15 | | access to the record through the shared electronic record | 16 | | management system. | 17 | | (d-6) Records contained in the Officer Professional | 18 | | Conduct Database under Section 9.2 9.4 of the Illinois | 19 | | Police Training Act, except to the extent authorized under | 20 | | that Section. This includes the documents supplied to the | 21 | | Illinois Law Enforcement Training Standards Board from the | 22 | | Illinois State Police and Illinois State Police Merit | 23 | | Board. | 24 | | (e) Records that relate to or affect the security of | 25 | | correctional
institutions and detention facilities.
| 26 | | (e-5) Records requested by persons committed to the |
| | | 10200HB1780ham001 | - 25 - | LRB102 13555 CPF 35681 a |
|
| 1 | | Department of Corrections, Department of Human Services | 2 | | Division of Mental Health, or a county jail if those | 3 | | materials are available in the library of the correctional | 4 | | institution or facility or jail where the inmate is | 5 | | confined. | 6 | | (e-6) Records requested by persons committed to the | 7 | | Department of Corrections, Department of Human Services | 8 | | Division of Mental Health, or a county jail if those | 9 | | materials include records from staff members' personnel | 10 | | files, staff rosters, or other staffing assignment | 11 | | information. | 12 | | (e-7) Records requested by persons committed to the | 13 | | Department of Corrections or Department of Human Services | 14 | | Division of Mental Health if those materials are available | 15 | | through an administrative request to the Department of | 16 | | Corrections or Department of Human Services Division of | 17 | | Mental Health. | 18 | | (e-8) Records requested by a person committed to the | 19 | | Department of Corrections, Department of Human Services | 20 | | Division of Mental Health, or a county jail, the | 21 | | disclosure of which would result in the risk of harm to any | 22 | | person or the risk of an escape from a jail or correctional | 23 | | institution or facility. | 24 | | (e-9) Records requested by a person in a county jail | 25 | | or committed to the Department of Corrections or | 26 | | Department of Human Services Division of Mental Health, |
| | | 10200HB1780ham001 | - 26 - | LRB102 13555 CPF 35681 a |
|
| 1 | | containing personal information pertaining to the person's | 2 | | victim or the victim's family, including, but not limited | 3 | | to, a victim's home address, home telephone number, work | 4 | | or school address, work telephone number, social security | 5 | | number, or any other identifying information, except as | 6 | | may be relevant to a requester's current or potential case | 7 | | or claim. | 8 | | (e-10) Law enforcement records of other persons | 9 | | requested by a person committed to the Department of | 10 | | Corrections, Department of Human Services Division of | 11 | | Mental Health, or a county jail, including, but not | 12 | | limited to, arrest and booking records, mug shots, and | 13 | | crime scene photographs, except as these records may be | 14 | | relevant to the requester's current or potential case or | 15 | | claim. | 16 | | (f) Preliminary drafts, notes, recommendations, | 17 | | memoranda and other
records in which opinions are | 18 | | expressed, or policies or actions are
formulated, except | 19 | | that a specific record or relevant portion of a
record | 20 | | shall not be exempt when the record is publicly cited
and | 21 | | identified by the head of the public body. The exemption | 22 | | provided in
this paragraph (f) extends to all those | 23 | | records of officers and agencies
of the General Assembly | 24 | | that pertain to the preparation of legislative
documents.
| 25 | | (g) Trade secrets and commercial or financial | 26 | | information obtained from
a person or business where the |
| | | 10200HB1780ham001 | - 27 - | LRB102 13555 CPF 35681 a |
|
| 1 | | trade secrets or commercial or financial information are | 2 | | furnished under a claim that they are
proprietary, | 3 | | privileged, or confidential, and that disclosure of the | 4 | | trade
secrets or commercial or financial information would | 5 | | cause competitive harm to the person or business, and only | 6 | | insofar as the claim directly applies to the records | 7 | | requested. | 8 | | The information included under this exemption includes | 9 | | all trade secrets and commercial or financial information | 10 | | obtained by a public body, including a public pension | 11 | | fund, from a private equity fund or a privately held | 12 | | company within the investment portfolio of a private | 13 | | equity fund as a result of either investing or evaluating | 14 | | a potential investment of public funds in a private equity | 15 | | fund. The exemption contained in this item does not apply | 16 | | to the aggregate financial performance information of a | 17 | | private equity fund, nor to the identity of the fund's | 18 | | managers or general partners. The exemption contained in | 19 | | this item does not apply to the identity of a privately | 20 | | held company within the investment portfolio of a private | 21 | | equity fund, unless the disclosure of the identity of a | 22 | | privately held company may cause competitive harm. | 23 | | Nothing contained in this
paragraph (g) shall be | 24 | | construed to prevent a person or business from
consenting | 25 | | to disclosure.
| 26 | | (h) Proposals and bids for any contract, grant, or |
| | | 10200HB1780ham001 | - 28 - | LRB102 13555 CPF 35681 a |
|
| 1 | | agreement, including
information which if it were | 2 | | disclosed would frustrate procurement or give
an advantage | 3 | | to any person proposing to enter into a contractor | 4 | | agreement
with the body, until an award or final selection | 5 | | is made. Information
prepared by or for the body in | 6 | | preparation of a bid solicitation shall be
exempt until an | 7 | | award or final selection is made.
| 8 | | (i) Valuable formulae,
computer geographic systems,
| 9 | | designs, drawings and research data obtained or
produced | 10 | | by any public body when disclosure could reasonably be | 11 | | expected to
produce private gain or public loss.
The | 12 | | exemption for "computer geographic systems" provided in | 13 | | this paragraph
(i) does not extend to requests made by | 14 | | news media as defined in Section 2 of
this Act when the | 15 | | requested information is not otherwise exempt and the only
| 16 | | purpose of the request is to access and disseminate | 17 | | information regarding the
health, safety, welfare, or | 18 | | legal rights of the general public.
| 19 | | (j) The following information pertaining to | 20 | | educational matters: | 21 | | (i) test questions, scoring keys and other | 22 | | examination data used to
administer an academic | 23 | | examination;
| 24 | | (ii) information received by a primary or | 25 | | secondary school, college, or university under its | 26 | | procedures for the evaluation of faculty members by |
| | | 10200HB1780ham001 | - 29 - | LRB102 13555 CPF 35681 a |
|
| 1 | | their academic peers; | 2 | | (iii) information concerning a school or | 3 | | university's adjudication of student disciplinary | 4 | | cases, but only to the extent that disclosure would | 5 | | unavoidably reveal the identity of the student; and | 6 | | (iv) course materials or research materials used | 7 | | by faculty members. | 8 | | (k) Architects' plans, engineers' technical | 9 | | submissions, and
other
construction related technical | 10 | | documents for
projects not constructed or developed in | 11 | | whole or in part with public funds
and the same for | 12 | | projects constructed or developed with public funds, | 13 | | including, but not limited to, power generating and | 14 | | distribution stations and other transmission and | 15 | | distribution facilities, water treatment facilities, | 16 | | airport facilities, sport stadiums, convention centers, | 17 | | and all government owned, operated, or occupied buildings, | 18 | | but
only to the extent
that disclosure would compromise | 19 | | security.
| 20 | | (l) Minutes of meetings of public bodies closed to the
| 21 | | public as provided in the Open Meetings Act until the | 22 | | public body
makes the minutes available to the public | 23 | | under Section 2.06 of the Open
Meetings Act.
| 24 | | (m) Communications between a public body and an | 25 | | attorney or auditor
representing the public body that | 26 | | would not be subject to discovery in
litigation, and |
| | | 10200HB1780ham001 | - 30 - | LRB102 13555 CPF 35681 a |
|
| 1 | | materials prepared or compiled by or for a public body in
| 2 | | anticipation of a criminal, civil, or administrative | 3 | | proceeding upon the
request of an attorney advising the | 4 | | public body, and materials prepared or
compiled with | 5 | | respect to internal audits of public bodies.
| 6 | | (n) Records relating to a public body's adjudication | 7 | | of employee grievances or disciplinary cases; however, | 8 | | this exemption shall not extend to the final outcome of | 9 | | cases in which discipline is imposed.
| 10 | | (o) Administrative or technical information associated | 11 | | with automated
data processing operations, including, but | 12 | | not limited to, software,
operating protocols, computer | 13 | | program abstracts, file layouts, source
listings, object | 14 | | modules, load modules, user guides, documentation
| 15 | | pertaining to all logical and physical design of | 16 | | computerized systems,
employee manuals, and any other | 17 | | information that, if disclosed, would
jeopardize the | 18 | | security of the system or its data or the security of
| 19 | | materials exempt under this Section.
| 20 | | (p) Records relating to collective negotiating matters
| 21 | | between public bodies and their employees or | 22 | | representatives, except that
any final contract or | 23 | | agreement shall be subject to inspection and copying.
| 24 | | (q) Test questions, scoring keys, and other | 25 | | examination data used to determine the qualifications of | 26 | | an applicant for a license or employment.
|
| | | 10200HB1780ham001 | - 31 - | LRB102 13555 CPF 35681 a |
|
| 1 | | (r) The records, documents, and information relating | 2 | | to real estate
purchase negotiations until those | 3 | | negotiations have been completed or
otherwise terminated. | 4 | | With regard to a parcel involved in a pending or
actually | 5 | | and reasonably contemplated eminent domain proceeding | 6 | | under the Eminent Domain Act, records, documents, and
| 7 | | information relating to that parcel shall be exempt except | 8 | | as may be
allowed under discovery rules adopted by the | 9 | | Illinois Supreme Court. The
records, documents, and | 10 | | information relating to a real estate sale shall be
exempt | 11 | | until a sale is consummated.
| 12 | | (s) Any and all proprietary information and records | 13 | | related to the
operation of an intergovernmental risk | 14 | | management association or
self-insurance pool or jointly | 15 | | self-administered health and accident
cooperative or pool.
| 16 | | Insurance or self insurance (including any | 17 | | intergovernmental risk management association or self | 18 | | insurance pool) claims, loss or risk management | 19 | | information, records, data, advice or communications.
| 20 | | (t) Information contained in or related to | 21 | | examination, operating, or
condition reports prepared by, | 22 | | on behalf of, or for the use of a public
body responsible | 23 | | for the regulation or supervision of financial
| 24 | | institutions, insurance companies, or pharmacy benefit | 25 | | managers, unless disclosure is otherwise
required by State | 26 | | law.
|
| | | 10200HB1780ham001 | - 32 - | LRB102 13555 CPF 35681 a |
|
| 1 | | (u) Information that would disclose
or might lead to | 2 | | the disclosure of
secret or confidential information, | 3 | | codes, algorithms, programs, or private
keys intended to | 4 | | be used to create electronic signatures under the Uniform | 5 | | Electronic Transactions Act.
| 6 | | (v) Vulnerability assessments, security measures, and | 7 | | response policies
or plans that are designed to identify, | 8 | | prevent, or respond to potential
attacks upon a | 9 | | community's population or systems, facilities, or | 10 | | installations,
the destruction or contamination of which | 11 | | would constitute a clear and present
danger to the health | 12 | | or safety of the community, but only to the extent that
| 13 | | disclosure could reasonably be expected to jeopardize the | 14 | | effectiveness of the
measures or the safety of the | 15 | | personnel who implement them or the public.
Information | 16 | | exempt under this item may include such things as details
| 17 | | pertaining to the mobilization or deployment of personnel | 18 | | or equipment, to the
operation of communication systems or | 19 | | protocols, or to tactical operations.
| 20 | | (w) (Blank). | 21 | | (x) Maps and other records regarding the location or | 22 | | security of generation, transmission, distribution, | 23 | | storage, gathering,
treatment, or switching facilities | 24 | | owned by a utility, by a power generator, or by the | 25 | | Illinois Power Agency.
| 26 | | (y) Information contained in or related to proposals, |
| | | 10200HB1780ham001 | - 33 - | LRB102 13555 CPF 35681 a |
|
| 1 | | bids, or negotiations related to electric power | 2 | | procurement under Section 1-75 of the Illinois Power | 3 | | Agency Act and Section 16-111.5 of the Public Utilities | 4 | | Act that is determined to be confidential and proprietary | 5 | | by the Illinois Power Agency or by the Illinois Commerce | 6 | | Commission.
| 7 | | (z) Information about students exempted from | 8 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 9 | | School Code, and information about undergraduate students | 10 | | enrolled at an institution of higher education exempted | 11 | | from disclosure under Section 25 of the Illinois Credit | 12 | | Card Marketing Act of 2009. | 13 | | (aa) Information the disclosure of which is
exempted | 14 | | under the Viatical Settlements Act of 2009.
| 15 | | (bb) Records and information provided to a mortality | 16 | | review team and records maintained by a mortality review | 17 | | team appointed under the Department of Juvenile Justice | 18 | | Mortality Review Team Act. | 19 | | (cc) Information regarding interments, entombments, or | 20 | | inurnments of human remains that are submitted to the | 21 | | Cemetery Oversight Database under the Cemetery Care Act or | 22 | | the Cemetery Oversight Act, whichever is applicable. | 23 | | (dd) Correspondence and records (i) that may not be | 24 | | disclosed under Section 11-9 of the Illinois Public Aid | 25 | | Code or (ii) that pertain to appeals under Section 11-8 of | 26 | | the Illinois Public Aid Code. |
| | | 10200HB1780ham001 | - 34 - | LRB102 13555 CPF 35681 a |
|
| 1 | | (ee) The names, addresses, or other personal | 2 | | information of persons who are minors and are also | 3 | | participants and registrants in programs of park | 4 | | districts, forest preserve districts, conservation | 5 | | districts, recreation agencies, and special recreation | 6 | | associations. | 7 | | (ff) The names, addresses, or other personal | 8 | | information of participants and registrants in programs of | 9 | | park districts, forest preserve districts, conservation | 10 | | districts, recreation agencies, and special recreation | 11 | | associations where such programs are targeted primarily to | 12 | | minors. | 13 | | (gg) Confidential information described in Section | 14 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 15 | | 2012. | 16 | | (hh) The report submitted to the State Board of | 17 | | Education by the School Security and Standards Task Force | 18 | | under item (8) of subsection (d) of Section 2-3.160 of the | 19 | | School Code and any information contained in that report. | 20 | | (ii) Records requested by persons committed to or | 21 | | detained by the Department of Human Services under the | 22 | | Sexually Violent Persons Commitment Act or committed to | 23 | | the Department of Corrections under the Sexually Dangerous | 24 | | Persons Act if those materials: (i) are available in the | 25 | | library of the facility where the individual is confined; | 26 | | (ii) include records from staff members' personnel files, |
| | | 10200HB1780ham001 | - 35 - | LRB102 13555 CPF 35681 a |
|
| 1 | | staff rosters, or other staffing assignment information; | 2 | | or (iii) are available through an administrative request | 3 | | to the Department of Human Services or the Department of | 4 | | Corrections. | 5 | | (jj) Confidential information described in Section | 6 | | 5-535 of the Civil Administrative Code of Illinois. | 7 | | (kk) The public body's credit card numbers, debit card | 8 | | numbers, bank account numbers, Federal Employer | 9 | | Identification Number, security code numbers, passwords, | 10 | | and similar account information, the disclosure of which | 11 | | could result in identity theft or impression or defrauding | 12 | | of a governmental entity or a person. | 13 | | (ll) Records concerning the work of the threat | 14 | | assessment team of a school district. | 15 | | (mm) Proprietary information submitted to the
| 16 | | Environmental Protection Agency under the Drug Take-Back
| 17 | | Act. | 18 | | (1.5) Any information exempt from disclosure under the | 19 | | Judicial Privacy Act shall be redacted from public records | 20 | | prior to disclosure under this Act. | 21 | | (2) A public record that is not in the possession of a | 22 | | public body but is in the possession of a party with whom the | 23 | | agency has contracted to perform a governmental function on | 24 | | behalf of the public body, and that directly relates to the | 25 | | governmental function and is not otherwise exempt under this | 26 | | Act, shall be considered a public record of the public body, |
| | | 10200HB1780ham001 | - 36 - | LRB102 13555 CPF 35681 a |
|
| 1 | | for purposes of this Act. | 2 | | (3) This Section does not authorize withholding of | 3 | | information or limit the
availability of records to the | 4 | | public, except as stated in this Section or
otherwise provided | 5 | | in this Act.
| 6 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 7 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 8 | | 6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.) | 9 | | Section 100. The Environmental Protection Act is amended | 10 | | by changing Sections 22.15 and 22.55 as follows:
| 11 | | (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
| 12 | | Sec. 22.15. Solid Waste Management Fund; fees.
| 13 | | (a) There is hereby created within the State Treasury a
| 14 | | special fund to be known as the Solid Waste Management Fund, to | 15 | | be
constituted from the fees collected by the State pursuant | 16 | | to this Section,
from repayments of loans made from the Fund | 17 | | for solid waste projects, from registration fees collected | 18 | | pursuant to the Consumer Electronics Recycling Act, and from | 19 | | amounts transferred into the Fund pursuant to Public Act | 20 | | 100-433.
Moneys received by either the Agency or the | 21 | | Department of Commerce and Economic Opportunity
in repayment | 22 | | of loans made pursuant to the Illinois Solid Waste Management
| 23 | | Act shall be deposited into the General Revenue Fund.
| 24 | | (b) The Agency shall assess and collect a
fee in the amount |
| | | 10200HB1780ham001 | - 37 - | LRB102 13555 CPF 35681 a |
|
| 1 | | set forth herein from the owner or operator of each sanitary
| 2 | | landfill permitted or required to be permitted by the Agency | 3 | | to dispose of
solid waste if the sanitary landfill is located | 4 | | off the site where such waste
was produced and if such sanitary | 5 | | landfill is owned, controlled, and operated
by a person other | 6 | | than the generator of such waste. The Agency shall deposit
all | 7 | | fees collected into the Solid Waste Management Fund. If a site | 8 | | is
contiguous to one or more landfills owned or operated by the | 9 | | same person, the
volumes permanently disposed of by each | 10 | | landfill shall be combined for purposes
of determining the fee | 11 | | under this subsection. Beginning on July 1, 2018, and on the | 12 | | first day of each month thereafter during fiscal years 2019 | 13 | | through 2022, the State Comptroller shall direct and State | 14 | | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 | 15 | | per fiscal year from the Solid Waste Management Fund to the | 16 | | General Revenue Fund.
| 17 | | (1) If more than 150,000 cubic yards of non-hazardous | 18 | | solid waste is
permanently disposed of at a site in a | 19 | | calendar year, the owner or operator
shall either pay a | 20 | | fee of 95 cents per cubic yard or,
alternatively, the | 21 | | owner or operator may weigh the quantity of the solid | 22 | | waste
permanently disposed of with a device for which | 23 | | certification has been obtained
under the Weights and | 24 | | Measures Act and pay a fee of $2.00 per
ton of solid waste | 25 | | permanently disposed of. In no case shall the fee | 26 | | collected
or paid by the owner or operator under this |
| | | 10200HB1780ham001 | - 38 - | LRB102 13555 CPF 35681 a |
|
| 1 | | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
| 2 | | (2) If more than 100,000 cubic yards but not more than | 3 | | 150,000 cubic
yards of non-hazardous waste is permanently | 4 | | disposed of at a site in a calendar
year, the owner or | 5 | | operator shall pay a fee of $52,630.
| 6 | | (3) If more than 50,000 cubic yards but not more than | 7 | | 100,000 cubic
yards of non-hazardous solid waste is | 8 | | permanently disposed of at a site
in a calendar year, the | 9 | | owner or operator shall pay a fee of $23,790.
| 10 | | (4) If more than 10,000 cubic yards but not more than | 11 | | 50,000 cubic
yards of non-hazardous solid waste is | 12 | | permanently disposed of at a site
in a calendar year, the | 13 | | owner or operator shall pay a fee of $7,260.
| 14 | | (5) If not more than 10,000 cubic yards of | 15 | | non-hazardous solid waste is
permanently disposed of at a | 16 | | site in a calendar year, the owner or operator
shall pay a | 17 | | fee of $1050.
| 18 | | (c) (Blank).
| 19 | | (d) The Agency shall establish rules relating to the | 20 | | collection of the
fees authorized by this Section. Such rules | 21 | | shall include, but not be
limited to:
| 22 | | (1) necessary records identifying the quantities of | 23 | | solid waste received
or disposed;
| 24 | | (2) the form and submission of reports to accompany | 25 | | the payment of fees
to the Agency;
| 26 | | (3) the time and manner of payment of fees to the |
| | | 10200HB1780ham001 | - 39 - | LRB102 13555 CPF 35681 a |
|
| 1 | | Agency, which payments
shall not be more often than | 2 | | quarterly; and
| 3 | | (4) procedures setting forth criteria establishing | 4 | | when an owner or
operator may measure by weight or volume | 5 | | during any given quarter or other
fee payment period.
| 6 | | (e) Pursuant to appropriation, all monies in the Solid | 7 | | Waste Management
Fund shall be used by the Agency for the | 8 | | purposes set forth in this Section and in the Illinois
Solid | 9 | | Waste Management Act, including for the costs of fee | 10 | | collection and
administration, and for the administration of | 11 | | (1) the Consumer Electronics Recycling Act and the Drug | 12 | | Take-Back Act (2) until January 1, 2020, the Electronic | 13 | | Products Recycling and Reuse Act .
| 14 | | (f) The Agency is authorized to enter into such agreements | 15 | | and to
promulgate such rules as are necessary to carry out its | 16 | | duties under this
Section and the Illinois Solid Waste | 17 | | Management Act.
| 18 | | (g) On the first day of January, April, July, and October | 19 | | of each year,
beginning on July 1, 1996, the State Comptroller | 20 | | and Treasurer shall
transfer $500,000 from the Solid Waste | 21 | | Management Fund to the Hazardous Waste
Fund. Moneys | 22 | | transferred under this subsection (g) shall be used only for | 23 | | the
purposes set forth in item (1) of subsection (d) of Section | 24 | | 22.2.
| 25 | | (h) The Agency is authorized to provide financial | 26 | | assistance to units of
local government for the performance of |
| | | 10200HB1780ham001 | - 40 - | LRB102 13555 CPF 35681 a |
|
| 1 | | inspecting, investigating and
enforcement activities pursuant | 2 | | to Section 4(r) at nonhazardous solid
waste disposal sites.
| 3 | | (i) The Agency is authorized to conduct household waste | 4 | | collection and
disposal programs.
| 5 | | (j) A unit of local government, as defined in the Local | 6 | | Solid Waste Disposal
Act, in which a solid waste disposal | 7 | | facility is located may establish a fee,
tax, or surcharge | 8 | | with regard to the permanent disposal of solid waste.
All | 9 | | fees, taxes, and surcharges collected under this subsection | 10 | | shall be
utilized for solid waste management purposes, | 11 | | including long-term monitoring
and maintenance of landfills, | 12 | | planning, implementation, inspection, enforcement
and other | 13 | | activities consistent with the Solid Waste Management Act and | 14 | | the
Local Solid Waste Disposal Act, or for any other | 15 | | environment-related purpose,
including , but not limited to , an | 16 | | environment-related public works project, but
not for the | 17 | | construction of a new pollution control facility other than a
| 18 | | household hazardous waste facility. However, the total fee, | 19 | | tax or surcharge
imposed by all units of local government | 20 | | under this subsection (j) upon the
solid waste disposal | 21 | | facility shall not exceed:
| 22 | | (1) 60˘ per cubic yard if more than 150,000 cubic | 23 | | yards of non-hazardous
solid waste is permanently disposed | 24 | | of at the site in a calendar year, unless
the owner or | 25 | | operator weighs the quantity of the solid waste received | 26 | | with a
device for which certification has been obtained |
| | | 10200HB1780ham001 | - 41 - | LRB102 13555 CPF 35681 a |
|
| 1 | | under the Weights and Measures
Act, in which case the fee | 2 | | shall not exceed $1.27 per ton of solid waste
permanently | 3 | | disposed of.
| 4 | | (2) $33,350 if more than 100,000
cubic yards, but not | 5 | | more than 150,000 cubic yards, of non-hazardous waste
is | 6 | | permanently disposed of at the site in a calendar year.
| 7 | | (3) $15,500 if more than 50,000 cubic
yards, but not | 8 | | more than 100,000 cubic yards, of non-hazardous solid | 9 | | waste is
permanently disposed of at the site in a calendar | 10 | | year.
| 11 | | (4) $4,650 if more than 10,000 cubic
yards, but not | 12 | | more than 50,000 cubic yards, of non-hazardous solid waste
| 13 | | is permanently disposed of at the site in a calendar year.
| 14 | | (5) $650 if not more than 10,000 cubic
yards of | 15 | | non-hazardous solid waste is permanently disposed of at | 16 | | the site in
a calendar year.
| 17 | | The corporate authorities of the unit of local government
| 18 | | may use proceeds from the fee, tax, or surcharge to reimburse a | 19 | | highway
commissioner whose road district lies wholly or | 20 | | partially within the
corporate limits of the unit of local | 21 | | government for expenses incurred in
the removal of | 22 | | nonhazardous, nonfluid municipal waste that has been dumped
on | 23 | | public property in violation of a State law or local | 24 | | ordinance.
| 25 | | For the disposal of solid waste from general construction
| 26 | | or demolition debris recovery facilities as defined in |
| | | 10200HB1780ham001 | - 42 - | LRB102 13555 CPF 35681 a |
|
| 1 | | subsection (a-1) of Section 3.160, the total fee, tax, or | 2 | | surcharge imposed by
all units of local government under this | 3 | | subsection (j) upon
the solid waste disposal facility shall | 4 | | not exceed 50% of the
applicable amount set forth above. A unit | 5 | | of local government,
as defined in the Local Solid Waste | 6 | | Disposal Act, in which a
general construction or demolition | 7 | | debris recovery facility is
located may establish a fee, tax, | 8 | | or surcharge on the general construction or demolition debris | 9 | | recovery facility with
regard to the permanent disposal of | 10 | | solid waste by the
general construction or demolition debris | 11 | | recovery facility at
a solid waste disposal facility, provided | 12 | | that such fee, tax,
or surcharge shall not exceed 50% of the | 13 | | applicable amount set
forth above, based on the total amount | 14 | | of solid waste transported from the general construction or | 15 | | demolition debris recovery facility for disposal at solid | 16 | | waste disposal facilities, and the unit of local government | 17 | | and fee shall be
subject to all other requirements of this | 18 | | subsection (j). | 19 | | A county or Municipal Joint Action Agency that imposes a | 20 | | fee, tax, or
surcharge under this subsection may use the | 21 | | proceeds thereof to reimburse a
municipality that lies wholly | 22 | | or partially within its boundaries for expenses
incurred in | 23 | | the removal of nonhazardous, nonfluid municipal waste that has | 24 | | been
dumped on public property in violation of a State law or | 25 | | local ordinance.
| 26 | | If the fees are to be used to conduct a local sanitary |
| | | 10200HB1780ham001 | - 43 - | LRB102 13555 CPF 35681 a |
|
| 1 | | landfill
inspection or enforcement program, the unit of local | 2 | | government must enter
into a written delegation agreement with | 3 | | the Agency pursuant to subsection
(r) of Section 4. The unit of | 4 | | local government and the Agency shall enter
into such a | 5 | | written delegation agreement within 60 days after the
| 6 | | establishment of such fees. At least annually,
the Agency | 7 | | shall conduct an audit of the expenditures made by units of | 8 | | local
government from the funds granted by the Agency to the | 9 | | units of local
government for purposes of local sanitary | 10 | | landfill inspection and enforcement
programs, to ensure that | 11 | | the funds have been expended for the prescribed
purposes under | 12 | | the grant.
| 13 | | The fees, taxes or surcharges collected under this | 14 | | subsection (j) shall
be placed by the unit of local government | 15 | | in a separate fund, and the
interest received on the moneys in | 16 | | the fund shall be credited to the fund. The
monies in the fund | 17 | | may be accumulated over a period of years to be
expended in | 18 | | accordance with this subsection.
| 19 | | A unit of local government, as defined in the Local Solid | 20 | | Waste Disposal
Act, shall prepare and post on its website, in | 21 | | April of each year, a
report that details spending plans for | 22 | | monies collected in accordance with
this subsection. The | 23 | | report will at a minimum include the following:
| 24 | | (1) The total monies collected pursuant to this | 25 | | subsection.
| 26 | | (2) The most current balance of monies collected |
| | | 10200HB1780ham001 | - 44 - | LRB102 13555 CPF 35681 a |
|
| 1 | | pursuant to this
subsection.
| 2 | | (3) An itemized accounting of all monies expended for | 3 | | the previous year
pursuant to this subsection.
| 4 | | (4) An estimation of monies to be collected for the | 5 | | following 3
years pursuant to this subsection.
| 6 | | (5) A narrative detailing the general direction and | 7 | | scope of future
expenditures for one, 2 and 3 years.
| 8 | | The exemptions granted under Sections 22.16 and 22.16a, | 9 | | and under
subsection (k) of this Section, shall be applicable | 10 | | to any fee,
tax or surcharge imposed under this subsection | 11 | | (j); except that the fee,
tax or surcharge authorized to be | 12 | | imposed under this subsection (j) may be
made applicable by a | 13 | | unit of local government to the permanent disposal of
solid | 14 | | waste after December 31, 1986, under any contract lawfully | 15 | | executed
before June 1, 1986 under which more than 150,000 | 16 | | cubic yards (or 50,000 tons)
of solid waste is to be | 17 | | permanently disposed of, even though the waste is
exempt from | 18 | | the fee imposed by the State under subsection (b) of this | 19 | | Section
pursuant to an exemption granted under Section 22.16.
| 20 | | (k) In accordance with the findings and purposes of the | 21 | | Illinois Solid
Waste Management Act, beginning January 1, 1989 | 22 | | the fee under subsection
(b) and the fee, tax or surcharge | 23 | | under subsection (j) shall not apply to:
| 24 | | (1) waste which is hazardous waste;
| 25 | | (2) waste which is pollution control waste;
| 26 | | (3) waste from recycling, reclamation or reuse |
| | | 10200HB1780ham001 | - 45 - | LRB102 13555 CPF 35681 a |
|
| 1 | | processes which have been
approved by the Agency as being | 2 | | designed to remove any contaminant from
wastes so as to | 3 | | render such wastes reusable, provided that the process
| 4 | | renders at least 50% of the waste reusable; the exemption | 5 | | set forth in this paragraph (3) of this subsection (k) | 6 | | shall not apply to general construction or demolition | 7 | | debris recovery
facilities as defined in subsection (a-1) | 8 | | of Section 3.160;
| 9 | | (4) non-hazardous solid waste that is received at a | 10 | | sanitary landfill
and composted or recycled through a | 11 | | process permitted by the Agency; or
| 12 | | (5) any landfill which is permitted by the Agency to | 13 | | receive only
demolition or construction debris or | 14 | | landscape waste.
| 15 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | 16 | | 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. | 17 | | 8-20-21; revised 9-28-21.)
| 18 | | (415 ILCS 5/22.55) | 19 | | Sec. 22.55. Household waste drop-off points. | 20 | | (a) Findings; purpose and intent. | 21 | | (1) The General Assembly finds that protection of | 22 | | human health and the environment can be enhanced if | 23 | | certain commonly generated household wastes are managed | 24 | | separately from the general household waste stream. | 25 | | (2) The purpose of this Section is to provide, to the |
| | | 10200HB1780ham001 | - 46 - | LRB102 13555 CPF 35681 a |
|
| 1 | | extent allowed under federal law, a method for managing | 2 | | certain types of household waste separately from the | 3 | | general household waste stream. | 4 | | (b) Definitions. For the purposes of this Section: | 5 | | "Compostable waste" means household waste that is
| 6 | | source-separated food scrap, household waste that is
| 7 | | source-separated landscape waste, or a mixture of both. | 8 | | "Controlled substance" means a controlled substance as | 9 | | defined in the Illinois Controlled Substances Act. | 10 | | "Household waste" means waste generated from a single | 11 | | residence or multiple residences. | 12 | | "Household waste drop-off point" means the portion of | 13 | | a site or facility used solely for the receipt and | 14 | | temporary storage of household waste. | 15 | | "One-day compostable waste collection event" means a
| 16 | | household waste drop-off point approved by a county or
| 17 | | municipality under subsection (d-5) of this Section. | 18 | | "One-day household waste collection event" means a | 19 | | household waste drop-off point approved by the Agency | 20 | | under subsection (d) of this Section. | 21 | | "Permanent compostable waste collection point" means a | 22 | | household waste drop-off point approved by a county or | 23 | | municipality under subsection (d-6) of this Section. | 24 | | "Personal care product" means an item other than a | 25 | | pharmaceutical product that is consumed or applied by an | 26 | | individual for personal health, hygiene, or cosmetic |
| | | 10200HB1780ham001 | - 47 - | LRB102 13555 CPF 35681 a |
|
| 1 | | reasons. Personal care products include, but are not | 2 | | limited to, items used in bathing, dressing, or grooming. | 3 | | "Pharmaceutical product" means medicine or a product | 4 | | containing medicine. A pharmaceutical product may be sold | 5 | | by prescription or over the counter. "Pharmaceutical | 6 | | product" does not include medicine that contains a | 7 | | radioactive component or a product that contains a | 8 | | radioactive component. | 9 | | "Recycling coordinator" means the person designated by | 10 | | each county waste management plan to administer the county | 11 | | recycling program, as set forth in the Solid Waste | 12 | | Management Act. | 13 | | (c) Except as otherwise provided in Agency rules, the | 14 | | following requirements apply to each household waste drop-off | 15 | | point, other than a one-day household waste collection event, | 16 | | one-day compostable waste collection event, or permanent | 17 | | compostable waste collection point: | 18 | | (1) A household waste drop-off point must not accept | 19 | | waste other than the following types of household waste: | 20 | | pharmaceutical products, personal care products, batteries | 21 | | other than lead-acid batteries, paints, automotive fluids, | 22 | | compact fluorescent lightbulbs, mercury thermometers, and | 23 | | mercury thermostats. A household waste drop-off point may | 24 | | accept controlled substances in accordance with federal | 25 | | law. | 26 | | (2) Except as provided in subdivision (c)(2) of this |
| | | 10200HB1780ham001 | - 48 - | LRB102 13555 CPF 35681 a |
|
| 1 | | Section, household waste drop-off points must be located | 2 | | at a site or facility where the types of products accepted | 3 | | at the household waste drop-off point are lawfully sold, | 4 | | distributed, or dispensed. For example, household waste | 5 | | drop-off points that accept prescription pharmaceutical | 6 | | products must be located at a site or facility where | 7 | | prescription pharmaceutical products are sold, | 8 | | distributed, or dispensed. | 9 | | (A) Subdivision (c)(2) of this Section does not | 10 | | apply to household waste drop-off points operated by a | 11 | | government or school entity, or by an association or | 12 | | other organization of government or school entities. | 13 | | (B) Household waste drop-off points that accept | 14 | | mercury thermometers can be located at any site or | 15 | | facility where non-mercury thermometers are sold, | 16 | | distributed, or dispensed. | 17 | | (C) Household waste drop-off points that accept | 18 | | mercury thermostats can be located at any site or | 19 | | facility where non-mercury thermostats are sold, | 20 | | distributed, or dispensed. | 21 | | (3) The location of acceptance for each type of waste | 22 | | accepted at the household waste drop-off point must be | 23 | | clearly identified. Locations where pharmaceutical | 24 | | products are accepted must also include a copy of the sign | 25 | | required under subsection (j) of this Section. | 26 | | (4) Household waste must be accepted only from private |
| | | 10200HB1780ham001 | - 49 - | LRB102 13555 CPF 35681 a |
|
| 1 | | individuals. Waste must not be accepted from other | 2 | | persons, including, but not limited to, owners and | 3 | | operators of rented or leased residences where the | 4 | | household waste was generated, commercial haulers, and | 5 | | other commercial, industrial, agricultural, and government | 6 | | operations or entities. | 7 | | (5) If more than one type of household waste is | 8 | | accepted, each type of household waste must be managed | 9 | | separately prior to its packaging for off-site transfer. | 10 | | (6) Household waste must not be stored for longer than | 11 | | 90 days after its receipt, except as otherwise approved by | 12 | | the Agency in writing. | 13 | | (7) Household 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. Household waste must also be properly secured | 17 | | to prevent unauthorized public access to the waste, | 18 | | including, but not limited to, preventing access to the | 19 | | waste during the non-business hours of the site or | 20 | | facility on which the household waste drop-off point is | 21 | | located. Containers in which pharmaceutical products are | 22 | | collected must be clearly marked "No Controlled | 23 | | Substances", unless the household waste drop-off point | 24 | | accepts controlled substances in accordance with federal | 25 | | law. | 26 | | (8) Management of the household waste must be limited |
| | | 10200HB1780ham001 | - 50 - | LRB102 13555 CPF 35681 a |
|
| 1 | | to the following: (i) acceptance of the waste, (ii) | 2 | | temporary storage of the waste prior to transfer, and | 3 | | (iii) off-site transfer of the waste and packaging for | 4 | | off-site transfer. | 5 | | (9) Off-site transfer of the household waste must | 6 | | comply with federal and State laws and regulations. | 7 | | (d) One-day household waste collection events. To further | 8 | | aid in the collection of certain household wastes, the Agency | 9 | | may approve the operation of one-day household waste | 10 | | collection events. The Agency shall not approve a one-day | 11 | | household waste collection event at the same site or facility | 12 | | for more than one day each calendar quarter. Requests for | 13 | | approval must be submitted on forms prescribed by the Agency. | 14 | | The Agency must issue its approval in writing, and it may | 15 | | impose conditions as necessary to protect human health and the | 16 | | environment and to otherwise accomplish the purposes of this | 17 | | Act. One-day household waste collection events must be | 18 | | operated in accordance with the Agency's approval, including | 19 | | all conditions contained in the approval. The following | 20 | | requirements apply to all one-day household waste collection | 21 | | events, in addition to the conditions contained in the | 22 | | Agency's approval: | 23 | | (1) Waste accepted at the event must be limited to | 24 | | household waste and must not include garbage, landscape | 25 | | waste, or other waste excluded by the Agency in the | 26 | | Agency's approval or any conditions contained in the |
| | | 10200HB1780ham001 | - 51 - | LRB102 13555 CPF 35681 a |
|
| 1 | | approval. A one-day household waste collection event may | 2 | | accept controlled substances in accordance with federal | 3 | | law. | 4 | | (2) Household waste must be accepted only from private | 5 | | individuals. Waste must not be accepted from other | 6 | | persons, including, but not limited to, owners and | 7 | | operators of rented or leased residences where the | 8 | | household waste was generated, commercial haulers, and | 9 | | other commercial, industrial, agricultural, and government | 10 | | operations or entities. | 11 | | (3) Household waste must be managed in a manner that | 12 | | protects against releases of the waste, prevents | 13 | | nuisances, and otherwise protects human health and the | 14 | | environment. Household waste must also be properly secured | 15 | | to prevent public access to the waste, including, but not | 16 | | limited to, preventing access to the waste during the | 17 | | event's non-business hours. | 18 | | (4) Management of the household waste must be limited | 19 | | to the following: (i) acceptance of the waste, (ii) | 20 | | temporary storage of the waste before transfer, and (iii) | 21 | | off-site transfer of the waste or packaging for off-site | 22 | | transfer. | 23 | | (5) Except as otherwise approved by the Agency, all | 24 | | household waste received at the collection event must be | 25 | | transferred off-site by the end of the day following the | 26 | | collection event. |
| | | 10200HB1780ham001 | - 52 - | LRB102 13555 CPF 35681 a |
|
| 1 | | (6) The transfer and ultimate disposition of household | 2 | | waste received at the collection event must comply with | 3 | | the Agency's approval, including all conditions contained | 4 | | in the approval. | 5 | | (d-5) One-day compostable waste collection event. To | 6 | | further aid in the collection and composting of compostable | 7 | | waste, as defined in subsection (b), a municipality may | 8 | | approve the operation of one-day compostable waste collection | 9 | | events at any site or facility within its territorial | 10 | | jurisdiction, and a county may approve the operation of | 11 | | one-day compostable waste collection events at any site or | 12 | | facility in any unincorporated area within its territorial | 13 | | jurisdiction. The approval granted under this subsection (d-5) | 14 | | must be in writing; must specify the date, location, and time | 15 | | of the event; and must list the types of compostable waste that | 16 | | will be collected at the event. If the one-day compostable | 17 | | waste collection event is to be operated at a location within a | 18 | | county with a population of more than 400,000 but less than | 19 | | 2,000,000 inhabitants, according to the 2010 decennial census, | 20 | | then the operator of the event shall, at least 30 days before | 21 | | the event, provide a copy of the approval to the recycling | 22 | | coordinator designated by that county. The approval granted | 23 | | under this subsection (d-5) may include conditions imposed by | 24 | | the county or municipality as necessary to protect public | 25 | | health and prevent odors, vectors, and other nuisances. A | 26 | | one-day compostable waste collection event approved under this |
| | | 10200HB1780ham001 | - 53 - | LRB102 13555 CPF 35681 a |
|
| 1 | | subsection (d-5) must be operated in accordance with the | 2 | | approval, including all conditions contained in the approval. | 3 | | The following requirements shall apply to the one-day | 4 | | compostable waste collection event, in addition to the | 5 | | conditions contained in the approval: | 6 | | (1) Waste accepted at the event must be limited to the | 7 | | types of compostable waste authorized to be accepted under | 8 | | the approval. | 9 | | (2) Information promoting the event and signs at the | 10 | | event must clearly indicate the types of compostable waste | 11 | | approved for collection. To discourage the receipt of | 12 | | other waste, information promoting the event and signs at | 13 | | the event must also include: | 14 | | (A) examples of compostable waste being collected; | 15 | | and | 16 | | (B) examples of waste that is not being collected. | 17 | | (3) Compostable waste must be accepted only from | 18 | | private individuals. It may not be accepted from other | 19 | | persons, including, but not limited to, owners and | 20 | | operators of rented or leased residences where it was | 21 | | generated, commercial haulers, and other commercial, | 22 | | industrial, agricultural, and government operations or | 23 | | entities. | 24 | | (4) Compostable waste must be managed in a manner that | 25 | | protects against releases of the waste, prevents | 26 | | nuisances, and otherwise protects human health and the |
| | | 10200HB1780ham001 | - 54 - | LRB102 13555 CPF 35681 a |
|
| 1 | | environment. Compostable waste must be properly secured to | 2 | | prevent it from being accessed by the public at any time, | 3 | | including, but not limited to, during the collection | 4 | | event's non-operating hours. One-day compostable waste | 5 | | collection events must be adequately supervised during | 6 | | their operating hours. | 7 | | (5) Compostable waste must be secured in non-porous, | 8 | | rigid, leak-proof containers that: | 9 | | (A) are covered, except when the compostable waste | 10 | | is being added to or removed from the containers or it | 11 | | is otherwise necessary to access the compostable | 12 | | waste; | 13 | | (B) prevent precipitation from draining through | 14 | | the compostable waste; | 15 | | (C) prevent dispersion of the compostable waste by | 16 | | wind; | 17 | | (D) contain spills or releases that could create | 18 | | nuisances or otherwise harm human health or the | 19 | | environment; | 20 | | (E) limit access to the compostable waste by | 21 | | vectors; | 22 | | (F) control odors and other nuisances; and | 23 | | (G) provide for storage, removal, and off-site | 24 | | transfer of the compostable waste in a manner that | 25 | | protects its ability to be composted. | 26 | | (6) No more than a total of 40 cubic yards of |
| | | 10200HB1780ham001 | - 55 - | LRB102 13555 CPF 35681 a |
|
| 1 | | compostable waste shall be located at the collection site | 2 | | at any one time. | 3 | | (7) Management of the compostable waste must be | 4 | | limited to the following: (A) acceptance, (B) temporary | 5 | | storage before transfer, and (C) off-site transfer. | 6 | | (8) All compostable waste received at the event must | 7 | | be transferred off-site to a permitted compost facility by | 8 | | no later than 48 hours after the event ends or by the end | 9 | | of the first business day after the event ends, whichever | 10 | | is sooner. | 11 | | (9) If waste other than compostable waste is received | 12 | | at the event, then that waste must be disposed of within 48 | 13 | | hours after the event ends or by the end of the first | 14 | | business day after the event ends, whichever is sooner. | 15 | | (d-6) Permanent compostable waste collection points. To | 16 | | further aid in the collection and composting of compostable | 17 | | waste, as defined in subsection (b), a municipality may | 18 | | approve the operation of permanent compostable waste | 19 | | collection points at any site or facility within its | 20 | | territorial jurisdiction, and a county may approve the | 21 | | operation of permanent compostable waste collection points at | 22 | | any site or facility in any unincorporated area within its | 23 | | territorial jurisdiction. The approval granted pursuant to | 24 | | this subsection (d-6) must be in writing; must specify the | 25 | | location, operating days, and operating hours of the | 26 | | collection point; must list the types of compostable waste |
| | | 10200HB1780ham001 | - 56 - | LRB102 13555 CPF 35681 a |
|
| 1 | | that will be collected at the collection point; and must | 2 | | specify a term of not more than 365 calendar days during which | 3 | | the approval will be effective. In addition, if the permanent | 4 | | compostable waste collection point is to be operated at a | 5 | | location within a county with a population of more than | 6 | | 400,000 but less than 2,000,000 inhabitants, according to the | 7 | | 2010 federal decennial census, then the operator of the | 8 | | collection point shall, at least 30 days before the collection | 9 | | point begins operation, provide a copy of the approval to the | 10 | | recycling coordinator designated by that county. The approval | 11 | | may include conditions imposed by the county or municipality | 12 | | as necessary to protect public health and prevent odors, | 13 | | vectors, and other nuisances. A permanent compostable waste | 14 | | collection point approved pursuant to this subsection (d-6) | 15 | | must be operated in accordance with the approval, including | 16 | | all conditions contained in the approval. The following | 17 | | requirements apply to the permanent compostable waste | 18 | | collection point, in addition to the conditions contained in | 19 | | the approval: | 20 | | (1) Waste accepted at the collection point must be | 21 | | limited to the types of compostable waste authorized to be | 22 | | accepted under the approval. | 23 | | (2) Information promoting the collection point and | 24 | | signs at the collection point must clearly indicate the | 25 | | types of compostable waste approved for collection. To | 26 | | discourage the receipt of other waste, information |
| | | 10200HB1780ham001 | - 57 - | LRB102 13555 CPF 35681 a |
|
| 1 | | promoting the collection point and signs at the collection | 2 | | point must also include (A) examples of compostable waste | 3 | | being collected and (B) examples of waste that is not | 4 | | being collected. | 5 | | (3) Compostable waste must be accepted only from | 6 | | private individuals. It may not be accepted from other | 7 | | persons, including, but not limited to, owners and | 8 | | operators of rented or leased residences where it was | 9 | | generated, commercial haulers, and other commercial, | 10 | | industrial, agricultural, and government operations or | 11 | | entities. | 12 | | (4) Compostable 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. Compostable waste must be properly secured to | 16 | | prevent it from being accessed by the public at any time, | 17 | | including, but not limited to, during the collection | 18 | | point's non-operating hours. Permanent compostable waste | 19 | | collection points must be adequately supervised during | 20 | | their operating hours. | 21 | | (5) Compostable waste must be secured in non-porous, | 22 | | rigid, leak-proof containers that: | 23 | | (A) are no larger than 10 cubic yards in size; | 24 | | (B) are covered, except when the compostable waste | 25 | | is being added to or removed from the container or it | 26 | | is otherwise necessary to access the compostable |
| | | 10200HB1780ham001 | - 58 - | LRB102 13555 CPF 35681 a |
|
| 1 | | waste; | 2 | | (C) prevent precipitation from draining through | 3 | | the compostable waste; | 4 | | (D) prevent dispersion of the compostable waste by | 5 | | wind; | 6 | | (E) contain spills or releases that could create | 7 | | nuisances or otherwise harm human health or the | 8 | | environment; | 9 | | (F) limit access to the compostable waste by | 10 | | vectors; | 11 | | (G) control odors and other nuisances; and | 12 | | (H) 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 10 cubic yards of | 16 | | compostable waste shall be located at the permanent | 17 | | compostable waste collection site at any one time. | 18 | | (7) Management of the compostable waste must be | 19 | | limited to the following: (A) acceptance, (B) temporary | 20 | | storage before transfer, and (C) off-site transfer. | 21 | | (8) All compostable waste received at the permanent | 22 | | compostable waste collection point must be transferred | 23 | | off-site to a permitted compost facility not less | 24 | | frequently than once every 7 days. | 25 | | (9) If a permanent compostable waste collection point | 26 | | receives waste other than compostable waste, then that |
| | | 10200HB1780ham001 | - 59 - | LRB102 13555 CPF 35681 a |
|
| 1 | | waste must be disposed of not less frequently than once | 2 | | every 7 days. | 3 | | (e) The Agency may adopt rules governing the operation of | 4 | | household waste drop-off points, other than one-day household | 5 | | waste collection events, one-day compostable waste collection | 6 | | events, and permanent compostable waste collection points. | 7 | | Those rules must be designed to protect against releases of | 8 | | waste to the environment, prevent nuisances, and otherwise | 9 | | protect human health and the environment. As necessary to | 10 | | address different circumstances, the regulations may contain | 11 | | different requirements for different types of household waste | 12 | | and different types of household waste drop-off points, and | 13 | | the regulations may modify the requirements set forth in | 14 | | subsection (c) of this Section. The regulations may include, | 15 | | but are not limited to, the following: (i) identification of | 16 | | additional types of household waste that can be collected at | 17 | | household waste drop-off points, (ii) identification of the | 18 | | different types of household wastes that can be received at | 19 | | different household waste drop-off points, (iii) the maximum | 20 | | amounts of each type of household waste that can be stored at | 21 | | household waste drop-off points at any one time, and (iv) the | 22 | | maximum time periods each type of household waste can be | 23 | | stored at household waste drop-off points. | 24 | | (f) Prohibitions. | 25 | | (1) Except as authorized in a permit issued by the | 26 | | Agency, no person shall cause or allow the operation of a |
| | | 10200HB1780ham001 | - 60 - | LRB102 13555 CPF 35681 a |
|
| 1 | | household waste drop-off point, other than a one-day | 2 | | household waste collection event, one-day compostable | 3 | | waste collection event, or permanent compostable waste | 4 | | collection point, in violation of this Section or any | 5 | | regulations adopted under this Section. | 6 | | (2) No person shall cause or allow the operation of a | 7 | | one-day household waste collection event in violation of | 8 | | this Section or the Agency's approval issued under | 9 | | subsection (d) of this Section, including all conditions | 10 | | contained in the approval. | 11 | | (3) No person shall cause or allow the operation of a | 12 | | one-day compostable waste collection event in violation of | 13 | | this Section or the approval issued for the one-day | 14 | | compostable waste collection event under subsection (d-5) | 15 | | of this Section, including all conditions contained in the | 16 | | approval. | 17 | | (4) No person shall cause or allow the operation of a | 18 | | permanent compostable waste collection event in violation | 19 | | of this Section or the approval issued for the permanent | 20 | | compostable waste collection point under subsection (d-6) | 21 | | of this Section, including all conditions contained in the | 22 | | approval. | 23 | | (g) Permit exemptions. | 24 | | (1) No permit is required under subdivision (d)(1) of | 25 | | Section 21 of this Act for the operation of a household | 26 | | waste drop-off point, other than a one-day household waste |
| | | 10200HB1780ham001 | - 61 - | LRB102 13555 CPF 35681 a |
|
| 1 | | collection event, one-day compostable waste collection | 2 | | event, or permanent compostable waste collection point, if | 3 | | the household waste drop-off point is operated in | 4 | | accordance with this Section and all regulations adopted | 5 | | under this Section. | 6 | | (2) No permit is required under subdivision (d)(1) of | 7 | | Section 21 of this Act for the operation of a one-day | 8 | | household waste collection event if the event is operated | 9 | | in accordance with this Section and the Agency's approval | 10 | | issued under subsection (d) of this Section, including all | 11 | | conditions contained in the approval, or for the operation | 12 | | of a household waste collection event by the Agency. | 13 | | (3) No permit is required under paragraph (1) of | 14 | | subsection (d) of
Section 21 of this Act for the operation | 15 | | of a one-day compostable waste collection event if the | 16 | | compostable waste collection event is operated in | 17 | | accordance with this Section and the approval issued for | 18 | | the compostable waste collection point under subsection | 19 | | (d-5) of this Section, including all conditions contained | 20 | | in the approval. | 21 | | (4) No permit is required under paragraph (1) of | 22 | | subsection (d) of Section 21 of this Act for the operation | 23 | | of a permanent compostable waste collection point if the | 24 | | collection point is operated in accordance with this | 25 | | Section and the approval issued for the compostable waste | 26 | | collection event under subsection (d-6) of this Section, |
| | | 10200HB1780ham001 | - 62 - | LRB102 13555 CPF 35681 a |
|
| 1 | | including all conditions contained in the approval. | 2 | | (h) This Section does not apply to the following: | 3 | | (1) Persons accepting household waste that they are | 4 | | authorized to accept under a permit issued by the Agency. | 5 | | (2) Sites or facilities operated pursuant to an | 6 | | intergovernmental agreement entered into with the Agency | 7 | | under Section 22.16b(d) of this Act. | 8 | | (i) (Blank). The Agency, in consultation with the | 9 | | Department of Public Health, must develop and implement a | 10 | | public information program regarding household waste drop-off | 11 | | points that accept pharmaceutical products, as well as | 12 | | mail-back programs authorized under federal law. | 13 | | (j) (Blank). The Agency must develop a sign that provides | 14 | | information on the proper disposal of unused pharmaceutical | 15 | | products. The sign shall include information on approved | 16 | | drop-off sites or list a website where updated information on | 17 | | drop-off sites can be accessed. The sign shall also include | 18 | | information on mail-back programs and self-disposal. The | 19 | | Agency shall make a copy of the sign available for downloading | 20 | | from its website. Every pharmacy shall display the sign in the | 21 | | area where medications are dispensed and shall also display | 22 | | any signs the Agency develops regarding local take-back | 23 | | programs or household waste collection events. These signs | 24 | | shall be no larger than 8.5 inches by 11 inches. | 25 | | (k) If an entity chooses to participate as a household | 26 | | waste drop-off point, then it must follow the provisions of |
| | | 10200HB1780ham001 | - 63 - | LRB102 13555 CPF 35681 a |
|
| 1 | | this Section and any rules the Agency may adopt governing | 2 | | household waste drop-off points.
| 3 | | (l) (Blank). The Agency shall establish, by rule, a | 4 | | statewide medication take-back program by June 1, 2016 to | 5 | | ensure that there are pharmaceutical product disposal options | 6 | | regularly available for residents across the State. No private | 7 | | entity may be compelled to serve as or fund a take-back | 8 | | location or program. Medications collected and disposed of | 9 | | under the program shall include controlled substances approved | 10 | | for collection by federal law. All medications collected and | 11 | | disposed of under the program must be managed in accordance | 12 | | with all applicable federal and State laws and regulations. | 13 | | The Agency shall issue a report to the General Assembly by June | 14 | | 1, 2019 detailing the amount of pharmaceutical products | 15 | | annually collected under the program, as well as any | 16 | | legislative recommendations. | 17 | | (Source: P.A. 99-11, eff. 7-10-15; 99-480, eff. 9-9-15; | 18 | | 99-642, eff. 7-28-16.)
| 19 | | Section 999. Effective date. This Act takes effect upon | 20 | | becoming law.".
|
|