Illinois General Assembly - Full Text of SB0793
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Full Text of SB0793  99th General Assembly




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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 3. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by changing Section 2310-252 as follows:
7    (20 ILCS 2310/2310-252)
8    Sec. 2310-252. Guidelines for needle disposal; education.
9    (a) The Illinois Department of Public Health, in
10cooperation with the Illinois Environmental Protection Agency,
11must create guidelines for the proper disposal of hypodermic
12syringes, needles, and other sharps used for
13self-administration purposes that are consistent with the
14available guidelines regarding disposal for home health care
15products provided by the United States Environmental
16Protection Agency. In establishing these guidelines, the
17Department shall promote flexible and convenient disposal
18methods appropriate to the area and level of services available
19to the person disposing of the hypodermic syringe, needle, or
20other sharps. The Department guidelines shall encourage the use
21of safe disposal programs that include, but are not limited to,
22the following:
23        (1) drop box or supervised collection sites;



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1        (2) sharps mail-back programs;
2        (3) syringe exchange programs; and
3        (4) at-home needle destruction devices.
4    (b) The Illinois Department of Public Health must develop
5educational materials regarding the safe disposal of
6hypodermic syringes, needles, and other sharps and distribute
7copies of these educational materials to pharmacies and the
8public. The educational materials must include information
9regarding safer injection, HIV prevention, proper methods for
10the disposal of hypodermic syringes, needles, and other sharps,
11and contact information for obtaining treatment for drug abuse
12and addiction.
13    (c) As soon as practicable after the effective date of this
14amendatory Act of the 99th General Assembly, the Department of
15Public Health shall review and, if necessary, revise the
16guidelines and educational materials developed pursuant to
17this Section so that those guidelines and materials inform
18members of the public about the prohibitions under Section 56.1
19of the Environmental Protection Act.
20(Source: P.A. 94-641, eff. 8-22-05.)
21    Section 5. The Environmental Protection Act is amended by
22changing Sections 56.1 and 56.7 as follows:
23    (415 ILCS 5/56.1)  (from Ch. 111 1/2, par. 1056.1)
24    Sec. 56.1. Acts prohibited.



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1    (A) No person shall:
2    (a) Cause or allow the disposal of any potentially
3infectious medical waste. Sharps may be disposed in any
4landfill permitted by the Agency under Section 21 of this Act
5to accept municipal waste for disposal, if both:
6        (1) the infectious potential has been eliminated from
7    the sharps by treatment; and
8        (2) the sharps are packaged in accordance with Board
9    regulations.
10    (b) Cause or allow the delivery of any potentially
11infectious medical waste for transport, storage, treatment, or
12transfer except in accordance with Board regulations.
13    (c) Beginning July 1, 1992, cause or allow the delivery of
14any potentially infectious medical waste to a person or
15facility for storage, treatment, or transfer that does not have
16a permit issued by the agency to receive potentially infectious
17medical waste, unless no permit is required under subsection
19    (d) Beginning July 1, 1992, cause or allow the delivery or
20transfer of any potentially infectious medical waste for
21transport unless:
22        (1) the transporter has a permit issued by the Agency
23    to transport potentially infectious medical waste, or the
24    transporter is exempt from the permit requirement set forth
25    in subsection (f)(l).
26        (2) a potentially infectious medical waste manifest is



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1    completed for the waste if a manifest is required under
2    subsection (h).
3    (e) Cause or allow the acceptance of any potentially
4infectious medical waste for purposes of transport, storage,
5treatment, or transfer except in accordance with Board
7    (f) Beginning July 1, 1992, conduct any potentially
8infectious medical waste transportation operation:
9        (1) Without a permit issued by the Agency to transport
10    potentially infectious medical waste. No permit is
11    required under this provision (f)(1) for:
12            (A) a person transporting potentially infectious
13        medical waste generated solely by that person's
14        activities;
15            (B) noncommercial transportation of less than 50
16        pounds of potentially infectious medical waste at any
17        one time; or
18            (C) the U.S. Postal Service.
19        (2) In violation of any condition of any permit issued
20    by the Agency under this Act.
21        (3) In violation of any regulation adopted by the
22    Board.
23        (4) In violation of any order adopted by the Board
24    under this Act.
25    (g) Beginning July 1, 1992, conduct any potentially
26infectious medical waste treatment, storage, or transfer



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2        (1) without a permit issued by the Agency that
3specifically authorizes the treatment, storage, or transfer of
4potentially infectious medical waste. No permit is required
5under this subsection (g) or subsection (d)(1) of Section 21
6for any:
7            (A) Person conducting a potentially infectious
8        medical waste treatment, storage, or transfer
9        operation for potentially infectious medical waste
10        generated by the person's own activities that are
11        treated, stored, or transferred within the site where
12        the potentially infectious medical waste is generated.
13            (B) Hospital that treats, stores, or transfers
14        only potentially infectious medical waste generated by
15        its own activities or by members of its medical staff.
16            (C) Sharps collection station that is operated in
17        accordance with Section 56.7.
18        (2) in violation of any condition of any permit issued
19    by the Agency under this Act.
20        (3) in violation of any regulation adopted by the
21    Board.
22        (4) In violation of any order adopted by the Board
23    under this Act.
24    (h) Transport potentially infectious medical waste unless
25the transporter carries a completed potentially infectious
26medical waste manifest. No manifest is required for the



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1transportation of:
2        (1) potentially infectious medical waste being
3    transported by generators who generated the waste by their
4    own activities, when the potentially infectious medical
5    waste is transported within or between sites or facilities
6    owned, controlled, or operated by that person;
7        (2) less than 50 pounds of potentially infectious
8    medical waste at any one time for a noncommercial
9    transportation activity; or
10        (3) potentially infectious medical waste by the U.S.
11    Postal Service.
12    (i) Offer for transportation, transport, deliver, receive
13or accept potentially infectious medical waste for which a
14manifest is required, unless the manifest indicates that the
15fee required under Section 56.4 of this Act has been paid.
16    (j) Beginning January 1, 1994, conduct a potentially
17infectious medical waste treatment operation at an incinerator
18in existence on the effective date of this Title in violation
19of emission standards established for these incinerators under
20Section 129 of the Clean Air Act (42 USC 7429), as amended.
21    (k) Beginning July 1, 2015, knowingly mix household sharps,
22including, but not limited to, hypodermic, intravenous, or
23other medical needles or syringes or other medical household
24waste containing used or unused sharps, including, but not
25limited to, hypodermic, intravenous, or other medical needles
26or syringes or other sharps, with any other material intended



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1for collection as a recyclable material by a residential
3    (l) Beginning on July 1, 2015, knowingly place household
4sharps into a container intended for collection by a
5residential hauler for processing at a recycling center.
6    (B) In making its orders and determinations relative to
7penalties, if any, to be imposed for violating subdivision
8(A)(a) of this Section, the Board, in addition to the factors
9in Sections 33(c) and 42(h) of this Act, or the Court shall
10take into consideration whether the owner or operator of the
11landfill reasonably relied on written statements from the
12person generating or treating the waste that the waste is not
13potentially infectious medical waste.
14(Source: P.A. 94-641, eff. 8-22-05.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.