Rep. Jennifer Gong-Gershowitz

Filed: 1/31/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1780

2    AMENDMENT NO. ______. Amend House Bill 1780 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Drug
5Take-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

 

 

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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
16collect covered drugs through participation in a drug
17take-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

 

 

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1    defined in Section 22.55 of the Environmental Protection
2    Act.
3    "Collection site" means the location where an authorized
4collector collects covered drugs as part of a drug take-back
5program under this Act.
6    "Consumer" means a person who possesses a covered drug for
7personal use or for the use of a member of the person's
8household.
9    "Covered drug" means a legend drug, nonlegend drug, brand
10name 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);

 

 

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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
11drug that is sold or offered for sale in Illinois. "Covered
12manufacturer" does not include a pharmacy.
13    "Drug" has the same meaning as defined in Section 2.4 of
14the Illinois Food, Drug and Cosmetic Act.
15    "Drug take-back program" means a program implemented under
16this Act by a manufacturer program operator for the
17collection, transportation, and disposal of covered drugs.
18    "Generic drug" means a drug determined to be
19therapeutically equivalent to a brand name drug by the United
20States Food and Drug Administration and that is available for
21substitution in Illinois in accordance with the Illinois Food,
22Drug and Cosmetic Act and the Pharmacy Practice Act.
23    "Legend drug" has the same meaning as defined in Section
243.23 of the Illinois Food, Drug and Cosmetic Act.
25    "Manufacturer program operator" means a covered
26manufacturer, a group of covered manufacturers, or an entity

 

 

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1acting on behalf of a covered manufacturer or group of covered
2manufacturers, that implements a drug take-back program.
3    "Medical practitioner" has the same meaning as defined in
4Section 3.23 of the Illinois Food, Drug and Cosmetic Act.
5    "Nonlegend drug" means a drug that does not require
6dispensing by prescription and which is not restricted to use
7by practitioners only.
8    "Person" means any individual, partnership,
9co-partnership, firm, company, limited liability company,
10corporation, association, joint stock company, trust, estate,
11political subdivision, State agency, or any other legal
12entity, or their legal representative, agent, or assign.
13    "Pharmacy" has the meaning provided in Section 3 of the
14Pharmacy Practice Act. A "pharmacy" is not a covered
15manufacturer.
16    "Potential authorized collector" means a person who is
17eligible to be an authorized collector by participating in a
18drug take-back program.
19    "Prescription drug" has the same meaning as defined in
20Section 2.37 of the Illinois Food, Drug and Cosmetic Act.
21    "Private label distributor" has the same meaning as
22defined in 21 CFR 207.1.
23    "Program year" means a calendar year, except that the
24first program year is from January 1, 2024 through December
2531, 2024.
26    "Proprietary information" means information that is

 

 

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1submitted under this Act.
2    "Repackager" means a repacker as that term is defined in
321 CFR 207.1.
 
4    Section 15. Participation in a drug take-back program.
5Each covered manufacturer must, beginning January 1, 2024 or 6
6months after becoming a covered manufacturer, whichever is
7later, individually or collectively implement an approved drug
8take-back program that complies with the requirements of this
9Act. A covered manufacturer must establish, fund, and
10implement a drug take-back program independently or as part of
11a group of covered manufacturers.
 
12    Section 20. Identification of covered manufacturers.
13    (a) No later than April 1, 2023, each pharmacy, private
14label distributor, and repackager that sells or offers for
15sale in Illinois, under its own label, a covered drug must
16provide written notification to the Agency identifying the
17covered manufacturer from which the covered drug is obtained.
18    (b) All covered manufacturers of covered drugs sold or
19offered for sale in Illinois must register with the Agency and
20pay to the Agency the annual registration fee as set forth
21under Section 60.
 
22    Section 25. Drug take-back program requirements.
23    (a) At least 120 days prior to submitting a proposal under

 

 

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1Section 35, a manufacturer program operator must notify
2potential authorized collectors of the opportunity to serve as
3an authorized collector for the proposed drug take-back
4program. No later than 30 days after a potential authorized
5collector expresses interest in participating in a proposed
6program, the manufacturer program operator must commence good
7faith negotiations with the potential authorized collector
8regarding the collector's participation in the program.
9    (b) A person may serve as an authorized collector for a
10drug take-back program voluntarily or in exchange for
11compensation. Nothing in this Act requires any person to serve
12as an authorized collector for a drug take-back program.
13    (c) A pharmacy shall not be required to participate in a
14drug take-back program.
15    (d) A drug take-back program must include as a collector
16any person who (i) is a potential authorized collector and
17(ii) offers to participate in the program. The manufacturer
18program operator must include the person in the program as an
19authorized collector no later than 90 days after receiving a
20written offer to participate.
21    (e) A drug take-back program must pay for all
22administrative and operational costs of the drug take-back
23program, as outlined in subsection (a) of Section 55.
24    (f) An authorized collector operating a drug take-back
25program collection site must accept all covered drugs from
26consumers during the hours that the location used as a

 

 

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1collection site is normally open for business to the public.
2    (g) A drug take-back program collection site must collect
3covered drugs and store them in compliance with State and
4federal law, including United States Drug Enforcement
5Administration regulations. The manufacturer program operator
6must provide for transportation and disposal of collected
7covered drugs in a manner that ensures each collection site is
8serviced as often as necessary to avoid reaching capacity and
9that collected covered drugs are transported to final disposal
10in a manner compliant with State and federal law, including a
11process for additional prompt collection service upon
12notification from the collection site. Covered drugs shall be
13disposed 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
25federal laws and regulations governing the collection,
26storage, and disposal of covered drugs, including United

 

 

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1States Drug Enforcement Administration regulations.
2    (i) A drug take-back program must provide for the
3collection, transportation, and disposal of covered drugs on
4an ongoing, year-round basis and must provide access for
5residents across the State as set forth in subsection (j).
6    (j) A drug take-back program shall provide, in every
7county with a potential authorized collector, one authorized
8collection site and a minimum of at least one additional
9collection site for every 50,000 county residents, provided
10that there are enough potential authorized collectors offering
11to participate in the drug take-back program.
12    All potential authorized collection sites that offer to
13participate in a drug take-back program shall be counted
14towards meeting the minimum number of authorized collection
15sites within a drug take-back program. Collection sites funded
16in part or in whole under a contract between a covered
17manufacturer and a pharmacy entered into on or before the
18effective date of this Act shall be counted towards the
19minimum requirements within this Section for so long as the
20contract continues.
21    (k) A drug take-back program may include mail-back
22distribution locations or periodic collection events for each
23county in the State. The manufacturer program operator shall
24consult with each county authority identified in the written
25notice prior to preparing the program plan to determine the
26role that mail-back distribution locations or periodic

 

 

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1collection events will have in the drug take-back program.
2    The requirement to hold periodic collection events shall
3be deemed to be satisfied if a manufacturer program operator
4makes reasonable efforts to arrange periodic collection events
5but they cannot be scheduled due to lack of law enforcement
6availability.
7    A drug take-back program must permit a consumer who is a
8homeless, homebound, or disabled individual to request
9prepaid, preaddressed mailing envelopes. A manufacturer
10program operator shall accept the request through a website
11and toll-free telephone number that it must maintain to comply
12with the requests.
 
13    Section 30. Manufacturer program operator requirements. A
14manufacturer 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.

 

 

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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
10individually or collectively submit to the Agency for review
11and approval a proposal for the establishment and
12implementation of a drug take-back program. The proposal must
13demonstrate that the drug take-back program will fulfill the
14requirements under Section 25. If the Agency receives more
15than one proposal for a drug take-back program, the Agency
16shall review all proposals in conjunction with one another to
17ensure the proposals are coordinated to achieve the authorized
18collection site coverage set forth in subsection (j) of
19Section 25.
20    (b) The Agency shall approve a proposed program if each
21covered manufacturer and manufacturer program operator
22participating in the program has registered and paid the fee
23under Section 60, the program proposal demonstrates the
24program fulfills the requirements under Section 25, and the
25proposal includes the following information on forms

 

 

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1prescribed 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
16program proposal, the Agency shall either approve, reject, or
17approve with modification the proposal in writing to the
18manufacturer program operator. If the Agency rejects the
19proposal, it shall provide the reason for rejection.
20    (d) No later than 90 days after receipt of a notice of
21rejection under subsection (c) of this Section, the
22manufacturer or manufacturers participating in the program
23shall submit a revised proposal to the Agency. Within 90 days
24of receipt of a revised proposal the Agency shall either
25approve or reject the revised proposal in writing to the
26manufacturer program operator.

 

 

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1    (e) After approval, covered manufacturers must,
2individually or collectively, initiate operation of a drug
3take-back program meeting the requirements under Section 25 no
4later than December 1, 2023.
 
5    Section 40. Changes or modifications to the approved
6manufacturer drug take-back program. A manufacturer program
7operator shall maintain records for 5 years of any changes to
8an approved drug take-back program. These include, but are not
9limited 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
16take-back program must include a system of promotion,
17education, and public outreach about the proper collection and
18management of covered drugs. If there is more than one drug
19take-back program operated by more than one manufacturer
20program operator, the requirements of this Section shall be
21implemented by all drug take-back programs collectively using
22a single toll-free number and website and similar education,
23outreach, and promotional materials. This may include, but is
24not limited to, signage, written materials to be provided at

 

 

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1the time of purchase or delivery of covered drugs, and
2advertising or other promotional materials. At a minimum,
3promotion, education, and public outreach must include the
4following:
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

 

 

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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
7manufacturer program operator must submit to the Agency a
8report describing implementation of the drug take-back program
9during 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

 

 

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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
13manufacturers must pay all administrative and operational
14costs associated with establishing and implementing the drug
15take-back program in which it participates. Such
16administrative and operational costs include, but are not
17limited 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

 

 

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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
12covered manufacturers participating in the drug take-back
13program the administration and operational costs of the
14programs. The method of cost allocation shall be included in
15the drug take-back program proposal required under Section 35.
16    (c) A manufacturer program operator, covered manufacturer,
17authorized 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
25manufacturer shall not charge any fee to an authorized
26collector or authorized collection site.

 

 

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1    (e) The funding requirements in this Section shall not
2apply to a pharmacy location that is part of an existing
3contractual agreement entered into prior to the effective date
4of this Act between a pharmacy and a covered manufacturer to
5fund in part or whole the collection, transportation, or
6disposal of a covered drug so long as that contractual
7arrangement continues.
 
8    Section 60. Registration fee.
9    (a) By January 1, 2023, and by January 1 of each year
10thereafter, each covered manufacturer and manufacturer program
11operator shall register with the Agency and submit to the
12Agency a $5,000 registration fee.
13    (b) All fees collected under this Section must be
14deposited in the Solid Waste Management Fund to be used solely
15for the administration of this Act.
 
16    Section 65. Rules; enforcement; penalties.
17    (a) The Agency may adopt any rules it deems necessary to
18implement and administer this Act.
19    (b) Except as otherwise provided in this Act, any person
20who violates any provision of this Act is liable for a civil
21penalty of $7,000 per violation per day, provided that the
22penalty for failure to register or pay a fee under this Act
23shall be double the applicable registration fee.
24    (c) The penalties provided for in this Section may be

 

 

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1recovered in a civil action brought in the name of the People
2of the State of Illinois by the State's Attorney of the county
3in which the violation occurred or by the Attorney General.
4Any penalties collected under this Section in an action in
5which the Attorney General has prevailed shall be deposited in
6the Environmental Protection Trust Fund.
7    (d) The Attorney General or the State's Attorney of a
8county in which a violation occurs may institute a civil
9action for an injunction, prohibitory or mandatory, to
10restrain violations of this Act or to require such actions as
11may be necessary to address violations of this Act.
12    (e) The penalties and injunctions provided in this Act are
13in addition to any penalties, injunctions, or other relief
14provided under any other law. Nothing in this Act bars a cause
15of action by the State for any other penalty, injunction, or
16other relief provided by any other law.
17    (f) Any person who knowingly makes a false, fictitious, or
18fraudulent material statement, orally or in writing, to the
19Agency, related to or required by this Act or any rule adopted
20under this Act commits a Class 4 felony, and each such
21statement or writing shall be considered a separate Class 4
22felony. A person who, after being convicted under this
23subsection (f), violates this subsection (f) a second or
24subsequent time, commits a Class 3 felony.
 
25    Section 70. Antitrust immunity. The activities authorized

 

 

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1by this Act require collaboration among covered manufacturers
2and among authorized collectors. These activities will enable
3safe and secure collection and disposal of covered drugs in
4Illinois and are therefore in the best interest of the public.
5The benefits of collaboration, together with active State
6supervision, outweigh potential adverse impacts. Therefore,
7the General Assembly intends to exempt from State antitrust
8laws, and provide immunity through the state action doctrine
9from federal antitrust laws, activities that are undertaken
10pursuant to this Act that might otherwise be constrained by
11such laws. The General Assembly does not intend and does not
12authorize any person or entity to engage in activities not
13provided for by this Act, and the General Assembly neither
14exempts nor provides immunity for such activities.
 
15    Section 75. Public disclosure. Proprietary information
16submitted to the Agency under this Act is exempted from
17disclosure as provided under paragraphs (g) and (mm) of
18subsection (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
21to ensure a uniform, statewide solution, on and after the
22effective date of this Act no unit of local government shall
23mandate that a new drug take-back or disposal program be
24created and no expansion or change of an existing program or

 

 

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1program requirement by a unit of local government shall occur
2that is inconsistent with this Act.
3    (b) A home rule municipality may not regulate drug
4take-back programs in a manner inconsistent with the
5regulation by the State of drug take-back programs under this
6Act. This Section is a limitation under subsection (i) of
7Section 6 of Article VII of the Illinois Constitution on the
8concurrent exercise by home rule units of powers and functions
9exercised by the State.
 
10    Section 95. The Freedom of Information Act is amended by
11changing 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
15record that contains information that is exempt from
16disclosure under this Section, but also contains information
17that is not exempt from disclosure, the public body may elect
18to redact the information that is exempt. The public body
19shall make the remaining information available for inspection
20and copying. Subject to this requirement, the following shall
21be 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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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,

 

 

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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.

 

 

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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,

 

 

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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
19Judicial Privacy Act shall be redacted from public records
20prior to disclosure under this Act.
21    (2) A public record that is not in the possession of a
22public body but is in the possession of a party with whom the
23agency has contracted to perform a governmental function on
24behalf of the public body, and that directly relates to the
25governmental function and is not otherwise exempt under this
26Act, shall be considered a public record of the public body,

 

 

10200HB1780ham001- 36 -LRB102 13555 CPF 35681 a

1for purposes of this Act.
2    (3) This Section does not authorize withholding of
3information or limit the availability of records to the
4public, except as stated in this Section or otherwise provided
5in this Act.
6(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
7101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
86-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
 
9    Section 100. The Environmental Protection Act is amended
10by 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
14special fund to be known as the Solid Waste Management Fund, to
15be constituted from the fees collected by the State pursuant
16to this Section, from repayments of loans made from the Fund
17for solid waste projects, from registration fees collected
18pursuant to the Consumer Electronics Recycling Act, and from
19amounts transferred into the Fund pursuant to Public Act
20100-433. Moneys received by either the Agency or the
21Department of Commerce and Economic Opportunity in repayment
22of loans made pursuant to the Illinois Solid Waste Management
23Act 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

1set forth herein from the owner or operator of each sanitary
2landfill permitted or required to be permitted by the Agency
3to dispose of solid waste if the sanitary landfill is located
4off the site where such waste was produced and if such sanitary
5landfill is owned, controlled, and operated by a person other
6than the generator of such waste. The Agency shall deposit all
7fees collected into the Solid Waste Management Fund. If a site
8is contiguous to one or more landfills owned or operated by the
9same person, the volumes permanently disposed of by each
10landfill shall be combined for purposes of determining the fee
11under this subsection. Beginning on July 1, 2018, and on the
12first day of each month thereafter during fiscal years 2019
13through 2022, the State Comptroller shall direct and State
14Treasurer shall transfer an amount equal to 1/12 of $5,000,000
15per fiscal year from the Solid Waste Management Fund to the
16General 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

 

 

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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
20collection of the fees authorized by this Section. Such rules
21shall 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

 

 

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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
7Waste Management Fund shall be used by the Agency for the
8purposes set forth in this Section and in the Illinois Solid
9Waste Management Act, including for the costs of fee
10collection and administration, and for the administration of
11(1) the Consumer Electronics Recycling Act and the Drug
12Take-Back Act (2) until January 1, 2020, the Electronic
13Products Recycling and Reuse Act.
14    (f) The Agency is authorized to enter into such agreements
15and to promulgate such rules as are necessary to carry out its
16duties under this Section and the Illinois Solid Waste
17Management Act.
18    (g) On the first day of January, April, July, and October
19of each year, beginning on July 1, 1996, the State Comptroller
20and Treasurer shall transfer $500,000 from the Solid Waste
21Management Fund to the Hazardous Waste Fund. Moneys
22transferred under this subsection (g) shall be used only for
23the purposes set forth in item (1) of subsection (d) of Section
2422.2.
25    (h) The Agency is authorized to provide financial
26assistance to units of local government for the performance of

 

 

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1inspecting, investigating and enforcement activities pursuant
2to Section 4(r) at nonhazardous solid waste disposal sites.
3    (i) The Agency is authorized to conduct household waste
4collection and disposal programs.
5    (j) A unit of local government, as defined in the Local
6Solid Waste Disposal Act, in which a solid waste disposal
7facility is located may establish a fee, tax, or surcharge
8with regard to the permanent disposal of solid waste. All
9fees, taxes, and surcharges collected under this subsection
10shall be utilized for solid waste management purposes,
11including long-term monitoring and maintenance of landfills,
12planning, implementation, inspection, enforcement and other
13activities consistent with the Solid Waste Management Act and
14the Local Solid Waste Disposal Act, or for any other
15environment-related purpose, including, but not limited to, an
16environment-related public works project, but not for the
17construction of a new pollution control facility other than a
18household hazardous waste facility. However, the total fee,
19tax or surcharge imposed by all units of local government
20under this subsection (j) upon the solid waste disposal
21facility 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

 

 

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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
18may use proceeds from the fee, tax, or surcharge to reimburse a
19highway commissioner whose road district lies wholly or
20partially within the corporate limits of the unit of local
21government for expenses incurred in the removal of
22nonhazardous, nonfluid municipal waste that has been dumped on
23public property in violation of a State law or local
24ordinance.
25    For the disposal of solid waste from general construction
26or demolition debris recovery facilities as defined in

 

 

10200HB1780ham001- 42 -LRB102 13555 CPF 35681 a

1subsection (a-1) of Section 3.160, the total fee, tax, or
2surcharge imposed by all units of local government under this
3subsection (j) upon the solid waste disposal facility shall
4not exceed 50% of the applicable amount set forth above. A unit
5of local government, as defined in the Local Solid Waste
6Disposal Act, in which a general construction or demolition
7debris recovery facility is located may establish a fee, tax,
8or surcharge on the general construction or demolition debris
9recovery facility with regard to the permanent disposal of
10solid waste by the general construction or demolition debris
11recovery facility at a solid waste disposal facility, provided
12that such fee, tax, or surcharge shall not exceed 50% of the
13applicable amount set forth above, based on the total amount
14of solid waste transported from the general construction or
15demolition debris recovery facility for disposal at solid
16waste disposal facilities, and the unit of local government
17and fee shall be subject to all other requirements of this
18subsection (j).
19    A county or Municipal Joint Action Agency that imposes a
20fee, tax, or surcharge under this subsection may use the
21proceeds thereof to reimburse a municipality that lies wholly
22or partially within its boundaries for expenses incurred in
23the removal of nonhazardous, nonfluid municipal waste that has
24been dumped on public property in violation of a State law or
25local ordinance.
26    If the fees are to be used to conduct a local sanitary

 

 

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1landfill inspection or enforcement program, the unit of local
2government must enter into a written delegation agreement with
3the Agency pursuant to subsection (r) of Section 4. The unit of
4local government and the Agency shall enter into such a
5written delegation agreement within 60 days after the
6establishment of such fees. At least annually, the Agency
7shall conduct an audit of the expenditures made by units of
8local government from the funds granted by the Agency to the
9units of local government for purposes of local sanitary
10landfill inspection and enforcement programs, to ensure that
11the funds have been expended for the prescribed purposes under
12the grant.
13    The fees, taxes or surcharges collected under this
14subsection (j) shall be placed by the unit of local government
15in a separate fund, and the interest received on the moneys in
16the fund shall be credited to the fund. The monies in the fund
17may be accumulated over a period of years to be expended in
18accordance with this subsection.
19    A unit of local government, as defined in the Local Solid
20Waste Disposal Act, shall prepare and post on its website, in
21April of each year, a report that details spending plans for
22monies collected in accordance with this subsection. The
23report 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

 

 

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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,
9and under subsection (k) of this Section, shall be applicable
10to any fee, tax or surcharge imposed under this subsection
11(j); except that the fee, tax or surcharge authorized to be
12imposed under this subsection (j) may be made applicable by a
13unit of local government to the permanent disposal of solid
14waste after December 31, 1986, under any contract lawfully
15executed before June 1, 1986 under which more than 150,000
16cubic yards (or 50,000 tons) of solid waste is to be
17permanently disposed of, even though the waste is exempt from
18the fee imposed by the State under subsection (b) of this
19Section pursuant to an exemption granted under Section 22.16.
20    (k) In accordance with the findings and purposes of the
21Illinois Solid Waste Management Act, beginning January 1, 1989
22the fee under subsection (b) and the fee, tax or surcharge
23under 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

 

 

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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;
16102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
178-20-21; 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

 

 

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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

 

 

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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
14following requirements apply to each household waste drop-off
15point, other than a one-day household waste collection event,
16one-day compostable waste collection event, or permanent
17compostable 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

 

 

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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

 

 

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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

 

 

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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
8aid in the collection of certain household wastes, the Agency
9may approve the operation of one-day household waste
10collection events. The Agency shall not approve a one-day
11household waste collection event at the same site or facility
12for more than one day each calendar quarter. Requests for
13approval must be submitted on forms prescribed by the Agency.
14The Agency must issue its approval in writing, and it may
15impose conditions as necessary to protect human health and the
16environment and to otherwise accomplish the purposes of this
17Act. One-day household waste collection events must be
18operated in accordance with the Agency's approval, including
19all conditions contained in the approval. The following
20requirements apply to all one-day household waste collection
21events, in addition to the conditions contained in the
22Agency'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

 

 

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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.

 

 

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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
6further aid in the collection and composting of compostable
7waste, as defined in subsection (b), a municipality may
8approve the operation of one-day compostable waste collection
9events at any site or facility within its territorial
10jurisdiction, and a county may approve the operation of
11one-day compostable waste collection events at any site or
12facility in any unincorporated area within its territorial
13jurisdiction. The approval granted under this subsection (d-5)
14must be in writing; must specify the date, location, and time
15of the event; and must list the types of compostable waste that
16will be collected at the event. If the one-day compostable
17waste collection event is to be operated at a location within a
18county with a population of more than 400,000 but less than
192,000,000 inhabitants, according to the 2010 decennial census,
20then the operator of the event shall, at least 30 days before
21the event, provide a copy of the approval to the recycling
22coordinator designated by that county. The approval granted
23under this subsection (d-5) may include conditions imposed by
24the county or municipality as necessary to protect public
25health and prevent odors, vectors, and other nuisances. A
26one-day compostable waste collection event approved under this

 

 

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1subsection (d-5) must be operated in accordance with the
2approval, including all conditions contained in the approval.
3The following requirements shall apply to the one-day
4compostable waste collection event, in addition to the
5conditions 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

 

 

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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

 

 

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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
16further aid in the collection and composting of compostable
17waste, as defined in subsection (b), a municipality may
18approve the operation of permanent compostable waste
19collection points at any site or facility within its
20territorial jurisdiction, and a county may approve the
21operation of permanent compostable waste collection points at
22any site or facility in any unincorporated area within its
23territorial jurisdiction. The approval granted pursuant to
24this subsection (d-6) must be in writing; must specify the
25location, operating days, and operating hours of the
26collection point; must list the types of compostable waste

 

 

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1that will be collected at the collection point; and must
2specify a term of not more than 365 calendar days during which
3the approval will be effective. In addition, if the permanent
4compostable waste collection point is to be operated at a
5location within a county with a population of more than
6400,000 but less than 2,000,000 inhabitants, according to the
72010 federal decennial census, then the operator of the
8collection point shall, at least 30 days before the collection
9point begins operation, provide a copy of the approval to the
10recycling coordinator designated by that county. The approval
11may include conditions imposed by the county or municipality
12as necessary to protect public health and prevent odors,
13vectors, and other nuisances. A permanent compostable waste
14collection point approved pursuant to this subsection (d-6)
15must be operated in accordance with the approval, including
16all conditions contained in the approval. The following
17requirements apply to the permanent compostable waste
18collection point, in addition to the conditions contained in
19the 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

 

 

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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

 

 

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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
4household waste drop-off points, other than one-day household
5waste collection events, one-day compostable waste collection
6events, and permanent compostable waste collection points.
7Those rules must be designed to protect against releases of
8waste to the environment, prevent nuisances, and otherwise
9protect human health and the environment. As necessary to
10address different circumstances, the regulations may contain
11different requirements for different types of household waste
12and different types of household waste drop-off points, and
13the regulations may modify the requirements set forth in
14subsection (c) of this Section. The regulations may include,
15but are not limited to, the following: (i) identification of
16additional types of household waste that can be collected at
17household waste drop-off points, (ii) identification of the
18different types of household wastes that can be received at
19different household waste drop-off points, (iii) the maximum
20amounts of each type of household waste that can be stored at
21household waste drop-off points at any one time, and (iv) the
22maximum time periods each type of household waste can be
23stored 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

 

 

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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

 

 

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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,

 

 

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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
9Department of Public Health, must develop and implement a
10public information program regarding household waste drop-off
11points that accept pharmaceutical products, as well as
12mail-back programs authorized under federal law.
13    (j) (Blank). The Agency must develop a sign that provides
14information on the proper disposal of unused pharmaceutical
15products. The sign shall include information on approved
16drop-off sites or list a website where updated information on
17drop-off sites can be accessed. The sign shall also include
18information on mail-back programs and self-disposal. The
19Agency shall make a copy of the sign available for downloading
20from its website. Every pharmacy shall display the sign in the
21area where medications are dispensed and shall also display
22any signs the Agency develops regarding local take-back
23programs or household waste collection events. These signs
24shall be no larger than 8.5 inches by 11 inches.
25    (k) If an entity chooses to participate as a household
26waste drop-off point, then it must follow the provisions of

 

 

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1this Section and any rules the Agency may adopt governing
2household waste drop-off points.
3    (l) (Blank). The Agency shall establish, by rule, a
4statewide medication take-back program by June 1, 2016 to
5ensure that there are pharmaceutical product disposal options
6regularly available for residents across the State. No private
7entity may be compelled to serve as or fund a take-back
8location or program. Medications collected and disposed of
9under the program shall include controlled substances approved
10for collection by federal law. All medications collected and
11disposed of under the program must be managed in accordance
12with all applicable federal and State laws and regulations.
13The Agency shall issue a report to the General Assembly by June
141, 2019 detailing the amount of pharmaceutical products
15annually collected under the program, as well as any
16legislative recommendations.
17(Source: P.A. 99-11, eff. 7-10-15; 99-480, eff. 9-9-15;
1899-642, eff. 7-28-16.)
 
19    Section 999. Effective date. This Act takes effect upon
20becoming law.".