Rep. Sandra M. Pihos
Filed: 3/27/2009
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1 | AMENDMENT TO HOUSE BILL 4249
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2 | AMENDMENT NO. ______. Amend House Bill 4249 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | adding Section 22.55 as follows: | ||||||
6 | (415 ILCS 5/22.55 new) | ||||||
7 | Sec. 22.55. Household Waste Drop-off Points. | ||||||
8 | (a) Findings; Purpose and Intent. | ||||||
9 | (1) The General Assembly finds that protection of human | ||||||
10 | health and the environment can be enhanced if certain | ||||||
11 | commonly generated household wastes are managed separately | ||||||
12 | from the general household waste stream. | ||||||
13 | (2) The purpose of this Section is to provide, to the | ||||||
14 | extent allowed under federal law, a method for managing | ||||||
15 | certain types of household waste separately from the | ||||||
16 | general household waste stream. |
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1 | (b) Definitions. For the purposes of this Section: | ||||||
2 | "Controlled substance" means a controlled substance as | ||||||
3 | defined in the Illinois Controlled Substances Act. | ||||||
4 | "Household waste" means waste generated from a single | ||||||
5 | residence or multiple residences. | ||||||
6 | "Household waste drop-off point" means the portion of a | ||||||
7 | site or facility used solely for the receipt and temporary | ||||||
8 | storage of household waste. | ||||||
9 | "One-day household waste collection event" means a | ||||||
10 | household waste drop-off point approved by the Agency under | ||||||
11 | subsection (d) of this Section. | ||||||
12 | "Personal care product" means an item other than a | ||||||
13 | pharmaceutical product that is consumed or applied by an | ||||||
14 | individual for personal health, hygiene, or cosmetic | ||||||
15 | reasons. Personal care products include, but are not | ||||||
16 | limited to, items used in bathing, dressing, or grooming. | ||||||
17 | "Pharmaceutical product" means medicine or a product | ||||||
18 | containing medicine. A pharmaceutical product may be sold | ||||||
19 | by prescription or over the counter. "Pharmaceutical | ||||||
20 | product" does not include medicine that contains a | ||||||
21 | radioactive component or a product that contains a | ||||||
22 | radioactive component. | ||||||
23 | (c) Except as otherwise provided in Agency rules, the | ||||||
24 | following requirements apply to each household waste drop-off | ||||||
25 | point other than a one-day household waste collection event: | ||||||
26 | (1) A household waste drop-off point must not accept |
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1 | waste other than the following types of household waste: | ||||||
2 | pharmaceutical products, personal care products, batteries | ||||||
3 | other than lead-acid batteries, paints, automotive fluids, | ||||||
4 | compact fluorescent lightbulbs, mercury thermometers, and | ||||||
5 | mercury thermostats. | ||||||
6 | (2) Except as provided in subdivision (c)(2) of this | ||||||
7 | Section, household waste drop-off points must be located at | ||||||
8 | a site or facility where the types of products accepted at | ||||||
9 | the household waste drop-off point are lawfully sold, | ||||||
10 | distributed, or dispensed. For example, household waste | ||||||
11 | drop-off points that accept prescription pharmaceutical | ||||||
12 | products must be located at a site or facility where | ||||||
13 | prescription pharmaceutical products are sold, | ||||||
14 | distributed, or dispensed. | ||||||
15 | (A) Subdivision (c)(2) of this Section does not | ||||||
16 | apply to household waste drop-off points operated by a | ||||||
17 | government or school entity, or by an association or | ||||||
18 | other organization of government or school entities. | ||||||
19 | (B) Household waste drop-off points that accept | ||||||
20 | mercury thermometers can be located at any site or | ||||||
21 | facility where non-mercury thermometers are sold, | ||||||
22 | distributed, or dispensed. | ||||||
23 | (C) Household waste drop-off points that accept | ||||||
24 | mercury thermostats can be located at any site or | ||||||
25 | facility where non-mercury thermostats are sold, | ||||||
26 | distributed, or dispensed. |
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1 | (3) The location of acceptance for each type of waste | ||||||
2 | accepted at the household waste drop-off point must be | ||||||
3 | clearly identified. Locations where pharmaceutical | ||||||
4 | products are accepted must also include a copy of the sign | ||||||
5 | required under subsection (j) of this Section. | ||||||
6 | (4) Household waste must be accepted only from private | ||||||
7 | individuals. Waste must not be accepted from other persons, | ||||||
8 | including, but not limited to, owners and operators of | ||||||
9 | rented or leased residences where the household waste was | ||||||
10 | generated, commercial haulers, and other commercial, | ||||||
11 | industrial, agricultural, and government operations or | ||||||
12 | entities. | ||||||
13 | (5) If more than one type of household waste is | ||||||
14 | accepted, each type of household waste must be managed | ||||||
15 | separately prior to its packaging for off-site transfer. | ||||||
16 | (6) Household waste must not be stored for longer than | ||||||
17 | 90 days after its receipt, except as otherwise approved by | ||||||
18 | the Agency in writing. | ||||||
19 | (7) Household waste must be managed in a manner that | ||||||
20 | protects against releases of the waste, prevents | ||||||
21 | nuisances, and otherwise protects human health and the | ||||||
22 | environment. Household waste must also be properly secured | ||||||
23 | to prevent unauthorized public access to the waste, | ||||||
24 | including, but not limited to, preventing access to the | ||||||
25 | waste during the non-business hours of the site or facility | ||||||
26 | on which the household waste drop-off point is located. |
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1 | Containers in which pharmaceutical products are collected | ||||||
2 | must be clearly marked "No Controlled Substances". | ||||||
3 | (8) Management of the household waste must be limited | ||||||
4 | to the following: (i) acceptance of the waste, (ii) | ||||||
5 | temporary storage of the waste prior to transfer, and (iii) | ||||||
6 | off-site transfer of the waste and packaging for off-site | ||||||
7 | transfer. | ||||||
8 | (9) Off-site transfer of the household waste must | ||||||
9 | comply with federal and State laws and regulations. | ||||||
10 | (d) One-day household waste collection events. To further | ||||||
11 | aid in the collection of certain household wastes, the Agency | ||||||
12 | may approve the operation of one-day household waste collection | ||||||
13 | events. The Agency shall not approve a one-day household waste | ||||||
14 | collection event at the same site or facility for more than one | ||||||
15 | day each calendar quarter. Requests for approval must be | ||||||
16 | submitted on forms prescribed by the Agency. The Agency must | ||||||
17 | issue its approval in writing, and it may impose conditions as | ||||||
18 | necessary to protect human health and the environment and to | ||||||
19 | otherwise accomplish the purposes of this Act. One-day | ||||||
20 | household waste collection events must be operated in | ||||||
21 | accordance with the Agency's approval, including all | ||||||
22 | conditions contained in the approval. The following | ||||||
23 | requirements apply to all one-day household waste collection | ||||||
24 | events, in addition to the conditions contained in the Agency's | ||||||
25 | approval: | ||||||
26 | (1) Waste accepted at the event must be limited to |
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1 | household waste and must not include garbage, landscape | ||||||
2 | waste, controlled substances, or other waste excluded by | ||||||
3 | the Agency in the Agency's approval or any conditions | ||||||
4 | contained in the approval. | ||||||
5 | (2) Household waste must be accepted only from private | ||||||
6 | individuals. Waste must not be accepted from other persons, | ||||||
7 | including, but not limited to, owners and operators of | ||||||
8 | rented or leased residences where the household waste was | ||||||
9 | generated, commercial haulers, and other commercial, | ||||||
10 | industrial, agricultural, and government operations or | ||||||
11 | entities. | ||||||
12 | (3) Household 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. Household waste must also be properly secured | ||||||
16 | to prevent public access to the waste, including, but not | ||||||
17 | limited to, preventing access to the waste during the | ||||||
18 | event's non-business hours. | ||||||
19 | (4) Management of the household waste must be limited | ||||||
20 | to the following: (i) acceptance of the waste, (ii) | ||||||
21 | temporary storage of the waste before transfer, and (iii) | ||||||
22 | off-site transfer of the waste or packaging for off-site | ||||||
23 | transfer. | ||||||
24 | (5) Except as otherwise approved by the Agency, all | ||||||
25 | household waste received at the collection event must be | ||||||
26 | transferred off-site by the end of the day following the |
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1 | collection event. | ||||||
2 | (6) The transfer and ultimate disposition of household | ||||||
3 | waste received at the collection event must comply with the | ||||||
4 | Agency's approval, including all conditions contained in | ||||||
5 | the approval. | ||||||
6 | (e) The Agency may adopt rules governing the operation of | ||||||
7 | household waste drop-off points other than one-day household | ||||||
8 | waste collection events. Those rules must be designed to | ||||||
9 | protect against releases of waste to the environment, prevent | ||||||
10 | nuisances, and otherwise protect human health and the | ||||||
11 | environment. As necessary to address different circumstances, | ||||||
12 | the regulations may contain different requirements for | ||||||
13 | different types of household waste and different types of | ||||||
14 | household waste drop-off points, and the regulations may modify | ||||||
15 | the requirements set forth in subsection (c) of this Section. | ||||||
16 | The regulations may include, but are not limited to, the | ||||||
17 | following: (i) identification of additional types of household | ||||||
18 | waste that can be collected at household waste drop-off points, | ||||||
19 | (ii) identification of the different types of household wastes | ||||||
20 | that can be received at different household waste drop-off | ||||||
21 | points, (iii) the maximum amounts of each type of household | ||||||
22 | waste that can be stored at household waste drop-off points at | ||||||
23 | any one time, and (iv) the maximum time periods each type of | ||||||
24 | household waste can be stored at household waste drop-off | ||||||
25 | points. | ||||||
26 | (f) Prohibitions. |
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1 | (1) Except as authorized in a permit issued by the | ||||||
2 | Agency, no person shall cause or allow the operation of a | ||||||
3 | household waste drop-off point other than a one-day | ||||||
4 | household waste collection event in violation of this | ||||||
5 | Section or any 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 | (g) Permit exemptions. | ||||||
12 | (1) No permit is required under subdivision (d)(1) of | ||||||
13 | Section 21 of this Act for the operation of a household | ||||||
14 | waste drop-off point other than a one-day household waste | ||||||
15 | collection event if the household waste drop-off point is | ||||||
16 | operated in accordance with this Section and all | ||||||
17 | regulations adopted under this Section. | ||||||
18 | (2) No permit is required under subdivision (d)(1) of | ||||||
19 | Section 21 of this Act for the operation of a one-day | ||||||
20 | household waste collection event if the event is operated | ||||||
21 | in accordance with this Section and the Agency's approval | ||||||
22 | issued under subsection (d) of this Section, including all | ||||||
23 | conditions contained in the approval, or for the operation | ||||||
24 | of a household waste collection event by the Agency. | ||||||
25 | (h) This Section does not apply to the following: | ||||||
26 | (1) Persons accepting household waste that they are |
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1 | authorized to accept under a permit issued by the Agency. | ||||||
2 | (2) Sites or facilities operated pursuant to an | ||||||
3 | intergovernmental agreement entered into with the Agency | ||||||
4 | under Section 22.16b(d) of this Act. | ||||||
5 | (i) The Agency, in consultation with the Department of | ||||||
6 | Public Health, must develop and implement a public information | ||||||
7 | program regarding household waste drop-off points that accept | ||||||
8 | pharmaceutical products. | ||||||
9 | (j) The Agency must develop a sign that provides | ||||||
10 | information on the proper disposal of unused pharmaceutical | ||||||
11 | products. The Agency shall make a copy of the sign available | ||||||
12 | for downloading from its website. | ||||||
13 | (k) If an entity chooses to participate as a household | ||||||
14 | waste drop-off point, then it must follow the provisions of | ||||||
15 | this Section and any rules the Agency may adopt governing | ||||||
16 | household waste drop-off points.
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
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