Illinois General Assembly - Full Text of HB1780
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Full Text of HB1780  102nd General Assembly

HB1780enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB1780 EnrolledLRB102 13555 CPF 18902 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17    contaminate groundwater and other bodies of water,
18    contributing to long-term harm to the environment and
19    animal life.
20        (3) Manufacturers of these drugs hold the ultimate
21    responsibility for the lasting impacts of the drugs they
22    produce.
23        (4) The General Assembly therefore finds that it is in

 

 

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1    the interest of public health and environmental protection
2    to establish a single, uniform, statewide system of
3    regulation for safe and secure collection and disposal of
4    medicines through a uniform drug "take-back" program
5    operated and funded by drug manufacturers.
 
6    Section 10. Definitions. In this Act:
7    "Agency" means the Environmental Protection Agency.
8    "Authorized collector" means any of the following who
9collect covered drugs through participation in a drug
10take-back program:
11        (1) a person who is registered with the United States
12    Drug Enforcement Administration to collect controlled
13    substances for the purpose of destruction;
14        (2) a law enforcement agency;
15        (3) a unit of local government working in conjunction
16    with a law enforcement agency; or
17        (4) a household waste drop-off point or one-day
18    household waste collection event, as those terms are
19    defined in Section 22.55 of the Environmental Protection
20    Act.
21    "Collection site" means the location where an authorized
22collector collects covered drugs as part of a drug take-back
23program under this Act.
24    "Consumer" means a person who possesses a covered drug for
25personal use or for the use of a member of the person's

 

 

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1household.
2    "Covered drug" means a drug, legend drug, nonlegend drug,
3brand name drug, or generic drug. "Covered drug" does not
4include:
5        (1) a dietary supplement as defined by 21 U.S.C. 321
6    (ff);
7        (2) drugs that are defined as Schedule I controlled
8    substances under the Illinois Controlled Substances Act or
9    the federal Controlled Substances Act;
10        (3) personal care products, including, but not limited
11    to, cosmetics, shampoos, sunscreens, lip balms,
12    toothpastes, and antiperspirants, that are regulated as
13    both cosmetics and nonprescription drugs under the federal
14    Food, Drug, and Cosmetic Act, 21 U.S.C. 301;
15        (4) drugs for which manufacturers provide a
16    pharmaceutical product stewardship or drug take-back
17    program as part of a federal managed risk evaluation and
18    mitigation strategy under 21 U.S.C. 355-1;
19        (5) biological products, as defined by 42 U.S.C.
20    262(i)(l);
21        (6) drugs that are administered in a clinical setting;
22        (7) emptied injector products or emptied medical
23    devices and their component parts or accessories;
24        (8) needles or sharps;
25        (9) pet pesticide products contained in pet collars,
26    powders, shampoos, topical applications, or other forms;

 

 

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1        (10) dialysate drugs or other saline solutions
2    required to perform kidney dialysis;
3        (11) drugs sold at retail as a unit dose package; or
4        (12) homeopathic drugs.
5    "Covered manufacturer" means a manufacturer of a covered
6drug that is sold or offered for sale in Illinois.
7    "Drug" has the same meaning as defined in Section 2.4 of
8the Illinois Food, Drug and Cosmetic Act.
9    "Drug take-back program" means a program implemented under
10this Act by a manufacturer program operator for the
11collection, transportation, and disposal of covered drugs.
12    "Generic drug" means a drug determined to be
13therapeutically equivalent to a brand name drug by the United
14States Food and Drug Administration and that is available for
15substitution in Illinois in accordance with the Illinois Food,
16Drug and Cosmetic Act and the Pharmacy Practice Act.
17    "Legend drug" has the same meaning as defined in Section
183.23 of the Illinois Food, Drug and Cosmetic Act.
19    "Manufacturer program operator" means a covered
20manufacturer, a group of covered manufacturers, or an entity
21acting on behalf of a covered manufacturer or group of covered
22manufacturers, that implements a drug take-back program.
23    "Medical practitioner" has the same meaning as defined in
24Section 3.23 of the Illinois Food, Drug and Cosmetic Act.
25    "Nonlegend drug" means a drug that does not require
26dispensing by prescription and which is not restricted to use

 

 

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1by practitioners only.
2    "Person" means any individual, partnership,
3co-partnership, firm, company, limited liability company,
4corporation, association, joint stock company, trust, estate,
5political subdivision, State agency, or any other legal
6entity, or their legal representative, agent, or assign.
7    "Pharmacy" has the meaning provided in Section 3 of the
8Pharmacy Practice Act. A "pharmacy" is not a covered
9manufacturer.
10    "Potential authorized collector" means a person who is
11eligible to be an authorized collector by participating in a
12drug take-back program.
13    "Prescription drug" has the same meaning as defined in
14Section 2.37 of the Illinois Food, Drug and Cosmetic Act.
15    "Private label distributor" has the same meaning as
16defined in 21 CFR 207.1. A private label distributor is not a
17covered manufacturer.
18    "Program year" means a calendar year, except that the
19first program year is from January 1, 2024 through December
2031, 2024.
21    "Proprietary information" means information that is:
22        (1) submitted under this Act;
23        (2) a trade secret or commercial or financial
24    information that is privileged or confidential and is
25    identified as such by the person providing the
26    information; and

 

 

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1        (3) not required to be disclosed under any other law,
2    rule, or regulation affecting a covered drug, covered
3    manufacturer, or pharmacy.
4    "Repackager" means a repacker as that term is defined in
521 CFR 207.1. A repackager is not a covered manufacturer.
 
6    Section 15. Participation in a drug take-back program.
7Each covered manufacturer must, beginning January 1, 2024 or 6
8months after becoming a covered manufacturer, whichever is
9later, individually or collectively implement an approved drug
10take-back program that complies with the requirements of this
11Act. A covered manufacturer must establish, fund, and
12implement a drug take-back program independently or as part of
13a group of covered manufacturers.
 
14    Section 20. Identification of covered manufacturers.
15    (a) No later than April 1, 2023, each pharmacy, private
16label distributor, and repackager that sells or offers for
17sale in Illinois, under its own label, a covered drug must
18provide written notification to the Agency identifying the
19covered manufacturer from which the covered drug is obtained.
20    (b) All covered manufacturers of covered drugs sold or
21offered for sale in Illinois must register with the Agency and
22pay to the Agency the annual registration fee as set forth
23under Section 60.
 

 

 

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1    Section 25. Drug take-back program requirements.
2    (a) At least 120 days prior to submitting a proposal under
3Section 35, a manufacturer program operator must notify
4potential authorized collectors of the opportunity to serve as
5an authorized collector for the proposed drug take-back
6program. No later than 30 days after a potential authorized
7collector expresses interest in participating in a proposed
8program, the manufacturer program operator must commence good
9faith negotiations with the potential authorized collector
10regarding the collector's participation in the program.
11    (b) A person may serve as an authorized collector for a
12drug take-back program voluntarily or in exchange for
13compensation. Nothing in this Act requires any person to serve
14as an authorized collector for a drug take-back program.
15    (c) A pharmacy shall not be required to participate in a
16drug take-back program.
17    (d) A drug take-back program must include as a collector
18any person who (i) is a potential authorized collector and
19(ii) offers to participate in the program. The manufacturer
20program operator must include the person in the program as an
21authorized collector no later than 90 days after receiving a
22written offer to participate.
23    (e) A drug take-back program must pay for all
24administrative and operational costs of the drug take-back
25program, as outlined in subsection (a) of Section 55.
26    (f) An authorized collector operating a drug take-back

 

 

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1program collection site must accept all covered drugs from
2consumers during the hours that the location used as a
3collection site is normally open for business to the public.
4    (g) A drug take-back program collection site must collect
5covered drugs and store them in compliance with State and
6federal law, including United States Drug Enforcement
7Administration regulations. The manufacturer program operator
8must provide for transportation and disposal of collected
9covered drugs in a manner that ensures each collection site is
10serviced as often as necessary to avoid reaching capacity and
11that collected covered drugs are transported to final disposal
12in a manner compliant with State and federal law, including a
13process for additional prompt collection service upon
14notification from the collection site. Covered drugs shall be
15disposed of at:
16        (1) a permitted hazardous waste facility that meets
17    the requirements under 40 CFR 264 and 40 CFR 265;
18        (2) a permitted municipal waste incinerator that meets
19    the requirements under 40 CFR 50 and 40 CFR 62; or
20        (3) a permitted hospital, medical, and infectious
21    waste incinerator that meets the requirements under
22    subpart HHH of 40 CFR part 62, an applicable State plan for
23    existing hospital, medical, and infectious waste
24    incinerators, or subpart Ec of 40 CFR part 60 for new
25    hospital, medical, and infectious waste incinerators.
26    (h) Authorized collectors must comply with all State and

 

 

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

 

 

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1notice prior to preparing the program plan to determine the
2role that mail-back distribution locations or periodic
3collection events will have in the drug take-back program.
4    The requirement to hold periodic collection events shall
5be deemed to be satisfied if a manufacturer program operator
6makes reasonable efforts to arrange periodic collection events
7but they cannot be scheduled due to lack of law enforcement
8availability.
9    A drug take-back program must permit a consumer who is a
10homeless, homebound, or disabled individual to request
11prepaid, preaddressed mailing envelopes. A manufacturer
12program operator shall accept the request through a website
13and toll-free telephone number that it must maintain to comply
14with the requests.
 
15    Section 30. Manufacturer program operator requirements. A
16manufacturer program operator shall:
17        (1) Adopt policies and procedures to be followed by
18    persons handling covered drugs collected under the program
19    to ensure compliance with State and federal laws, rules,
20    and regulations, including regulations adopted by the
21    United States Drug Enforcement Administration.
22        (2) Ensure the security of patient information on drug
23    packaging during collection, transportation, recycling,
24    and disposal.
25        (3) Promote the program by providing consumers,

 

 

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1    pharmacies, and other entities with educational and
2    informational materials as required under Section 45.
3        (4) Consider:
4            (A) the use of existing providers of
5        pharmaceutical waste transportation and disposal
6        services;
7            (B) separation of covered drugs from packaging to
8        reduce transportation and disposal costs; and
9            (C) recycling of drug packaging.
 
10    Section 35. Drug take-back program approval.
11    (a) By July 1, 2023, each covered manufacturer must
12individually or collectively submit to the Agency for review
13and approval a proposal for the establishment and
14implementation of a drug take-back program. The proposal must
15demonstrate that the drug take-back program will fulfill the
16requirements under Section 25. If the Agency receives more
17than one proposal for a drug take-back program, the Agency
18shall review all proposals in conjunction with one another to
19ensure the proposals are coordinated to achieve the authorized
20collection site coverage set forth in subsection (j) of
21Section 25.
22    (b) The Agency shall approve a proposed program if each
23covered manufacturer and manufacturer program operator
24participating in the program has registered and paid the fee
25under Section 60, the program proposal demonstrates the

 

 

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1program fulfills the requirements under Section 25, and the
2proposal includes the following information on forms
3prescribed by the Agency:
4        (1) The identity and contact information for the
5    manufacturer program operator and each participating
6    covered manufacturer.
7        (2) The identity and contact information for the
8    authorized collectors participating in the drug take-back
9    program.
10        (3) The identity of transporters and waste disposal
11    facilities that the program will use to transport and
12    dispose of collected covered drugs.
13        (4) The identity of all potential authorized
14    collectors that were notified of the opportunity to serve
15    as an authorized collector, including how they were
16    notified.
17    (c) Within 90 days after receiving a drug take-back
18program proposal, the Agency shall either approve, reject, or
19approve with modification the proposal in writing to the
20manufacturer program operator. During this 90-day period, the
21Agency shall provide a 30-day public comment period on the
22drug take-back program proposal. If the Agency rejects the
23proposal, it shall provide the reason for rejection in the
24written notification to the manufacturer program operator.
25    (d) No later than 90 days after receipt of a notice of
26rejection under subsection (c) of this Section, the

 

 

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1manufacturer or manufacturers participating in the program
2shall submit a revised proposal to the Agency. Within 90 days
3of receipt of a revised proposal the Agency shall either
4approve or reject the revised proposal in writing to the
5manufacturer program operator. During this 90-day period, the
6Agency shall provide a 30-day public comment period on the
7revised proposal.
8    (e) After approval, covered manufacturers must,
9individually or collectively, initiate operation of a drug
10take-back program meeting the requirements under Section 25 no
11later than December 1, 2023.
 
12    Section 40. Changes or modifications to the approved
13manufacturer drug take-back program. A manufacturer program
14operator shall maintain records for 5 years of any changes to
15an approved drug take-back program. These include, but are not
16limited to, changes in:
17        (1) participating covered manufacturers;
18        (2) collection methods;
19        (3) collection site locations; or
20        (4) contact information for the program operator or
21    authorized collectors.
 
22    Section 45. Drug take-back program promotion. Each drug
23take-back program must include a system of promotion,
24education, and public outreach about the proper collection and

 

 

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1management of covered drugs. If there is more than one drug
2take-back program operated by more than one manufacturer
3program operator, the requirements of this Section shall be
4implemented by all drug take-back programs collectively using
5a single toll-free number and website and similar education,
6outreach, and promotional materials. This may include, but is
7not limited to, signage, written materials to be provided at
8the time of purchase or delivery of covered drugs, and
9advertising or other promotional materials. At a minimum,
10promotion, education, and public outreach must include the
11following:
12        (1) Promoting the proper management of drugs by
13    residents and the collection of covered drugs through a
14    drug take-back program.
15        (2) Discouraging residents from disposing of drugs in
16    household waste, sewers, or septic systems.
17        (3) Promoting the use of the drug take-back program so
18    that where and how to return covered drugs is readily
19    understandable to residents.
20        (4) Maintaining a toll-free telephone number and
21    website publicizing collection options and collection
22    sites, and discouraging improper disposal practices for
23    covered drugs, such as disposal in household waste,
24    sewers, or septic systems.
25        (5) Preparing and distributing to program collection
26    sites, for dissemination to consumers, the educational and

 

 

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1    outreach materials. The materials must use plain language
2    and explanatory images to make collection services and
3    discouraged disposal practices readily understandable by
4    residents, including residents with limited English
5    proficiency.
6        (6) Promotional materials prepared and distributed in
7    conjunction with an approved drug take-back program under
8    this Section may not be used to promote in-home disposal
9    products of any kind, including, but not limited to,
10    in-home disposal products of authorized collectors
11    participating in a drug take-back program.
12    The program promotion requirements under this Section do
13not apply to any drug take-back program established prior to
14the effective date of this Act that provides promotional or
15educational materials to the public about the proper
16collection and management of covered drugs.
 
17    Section 50. Annual program report.
18    (a) By April 1, 2025, and each April 1 thereafter, a
19manufacturer program operator must submit to the Agency a
20report describing implementation of the drug take-back program
21during the previous calendar year. The report must include:
22        (1) a list of the covered manufacturers participating
23    in the drug take-back program during the program year;
24        (2) the total amount, by weight, of covered drugs
25    collected and the amount, by weight, from each collection

 

 

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1    method used during the program year, reported by county;
2        (3) the total amount, by weight, of covered drugs
3    collected from each collection site during the prior year;
4        (4) the following details regarding the program's
5    collection system:
6            (A) a list of collection sites, with addresses;
7            (B) collection sites where mailers to program
8        collection sites, for dissemination to consumers, and
9        education and outreach materials were made available
10        to the public;
11            (C) dates and locations of collection events held;
12        and
13            (D) the transporters and disposal facility or
14        facilities used to dispose of the covered drugs
15        collected;
16        (5) a description of the promotion, education, and
17    public outreach activities implemented;
18        (6) a description of how collected packaging was
19    recycled to the extent feasible; and
20        (7) an evaluation of the program's effectiveness in
21    collecting covered drugs during the program year and of
22    any program changes that have been implemented.
 
23    Section 55. Manufacturer drug take-back program funding.
24    (a) A covered manufacturer or group of covered
25manufacturers must pay all administrative and operational

 

 

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1costs associated with establishing and implementing the drug
2take-back program in which it participates. Such
3administrative and operational costs include, but are not
4limited to:
5        (1) collection and transportation supplies for each
6    collection site;
7        (2) purchase of collection receptacles for each
8    collection site;
9        (3) ongoing maintenance or replacement of collection
10    receptacles when requested by authorized collectors;
11        (4) costs related to prepaid, preaddressed mail;
12        (5) compensation of authorized collectors, if
13    applicable;
14        (6) operation of periodic collection events,
15    including, but not limited to, the cost of law enforcement
16    staff time;
17        (7) transportation of all collected covered drugs to
18    final disposal;
19        (8) proper disposal of all collected covered drugs in
20    compliance with State and federal laws, rules, and
21    regulations; and
22        (9) program promotion and outreach.
23    (b) A manufacturer program operator shall allocate to
24covered manufacturers participating in the drug take-back
25program the administration and operational costs of the
26programs. The method of cost allocation shall be included in

 

 

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1the drug take-back program proposal required under Section 35.
2    (c) A manufacturer program operator, covered manufacturer,
3authorized collector, or other person may not charge:
4        (1) a specific point-of-sale fee to consumers to
5    recoup the costs of a drug take-back program;
6        (2) a specific point-of-collection fee at the time
7    covered drugs are collected from a person; or
8        (3) an increase in the cost of covered drugs to recoup
9    the costs of a drug take-back program.
10    (d) A manufacturer program operator or covered
11manufacturer shall not charge any fee to an authorized
12collector or authorized collection site.
13    (e) The funding requirements in this Section shall not
14apply to a pharmacy location that is part of an existing
15contractual agreement entered into prior to the effective date
16of this Act between a pharmacy and a covered manufacturer to
17fund in part or whole the collection, transportation, or
18disposal of a covered drug so long as that contractual
19arrangement continues.
 
20    Section 60. Registration fee.
21    (a) By January 1, 2023, and by January 1 of each year
22thereafter, each covered manufacturer and manufacturer program
23operator shall register with the Agency and submit to the
24Agency a $2,500 registration fee.
25    (b) All fees collected under this Section must be

 

 

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1deposited in the Solid Waste Management Fund to be used solely
2for the administration of this Act.
 
3    Section 65. Rules; enforcement; penalties.
4    (a) The Agency may adopt any rules it deems necessary to
5implement and administer this Act.
6    (b) Except as otherwise provided in this Act, any person
7who violates any provision of this Act is liable for a civil
8penalty of $7,000 per violation per day, provided that the
9penalty for failure to register or pay a fee under this Act
10shall be double the applicable registration fee.
11    (c) The penalties provided for in this Section may be
12recovered in a civil action brought in the name of the People
13of the State of Illinois by the State's Attorney of the county
14in which the violation occurred or by the Attorney General.
15Any penalties collected under this Section in an action in
16which the Attorney General has prevailed shall be deposited in
17the Environmental Protection Trust Fund.
18    (d) The Attorney General or the State's Attorney of a
19county in which a violation occurs may institute a civil
20action for an injunction, prohibitory or mandatory, to
21restrain violations of this Act or to require such actions as
22may be necessary to address violations of this Act.
23    (e) The penalties and injunctions provided in this Act are
24in addition to any penalties, injunctions, or other relief
25provided under any other law. Nothing in this Act bars a cause

 

 

HB1780 Enrolled- 20 -LRB102 13555 CPF 18902 b

1of action by the State for any other penalty, injunction, or
2other relief provided by any other law.
3    (f) Any person who knowingly makes a false, fictitious, or
4fraudulent material statement, orally or in writing, to the
5Agency, related to or required by this Act or any rule adopted
6under this Act commits a Class 4 felony, and each such
7statement or writing shall be considered a separate Class 4
8felony. A person who, after being convicted under this
9subsection (f), violates this subsection (f) a second or
10subsequent time, commits a Class 3 felony.
 
11    Section 70. Antitrust immunity. The activities authorized
12by this Act require collaboration among covered manufacturers
13and among authorized collectors. These activities will enable
14safe and secure collection and disposal of covered drugs in
15Illinois and are therefore in the best interest of the public.
16The benefits of collaboration, together with active State
17supervision, outweigh potential adverse impacts. Therefore,
18the General Assembly intends to exempt from State antitrust
19laws, and provide immunity through the state action doctrine
20from federal antitrust laws, activities that are undertaken
21pursuant to this Act that might otherwise be constrained by
22such laws. The General Assembly does not intend and does not
23authorize any person or entity to engage in activities not
24provided for by this Act, and the General Assembly neither
25exempts nor provides immunity for such activities.
 

 

 

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1    Section 75. Public disclosure. Proprietary information
2submitted to the Agency under this Act is exempted from
3disclosure as provided under paragraphs (g) and (mm) of
4subsection (1) of Section 7 of the Freedom of Information Act.
 
5    Section 90. Home rule.
6    (a) It is the intent of the General Assembly that, in order
7to ensure a uniform, statewide solution, on and after the
8effective date of this Act no unit of local government shall
9mandate that a new drug take-back or disposal program be
10created and no expansion or change of an existing program or
11program requirement by a unit of local government shall occur
12that is inconsistent with this Act.
13    (b) A home rule municipality may not regulate drug
14take-back programs in a manner inconsistent with the
15regulation by the State of drug take-back programs under this
16Act. This Section is a limitation under subsection (i) of
17Section 6 of Article VII of the Illinois Constitution on the
18concurrent exercise by home rule units of powers and functions
19exercised by the State.
 
20    Section 95. The Freedom of Information Act is amended by
21changing Section 7 as follows:
 
22    (5 ILCS 140/7)  (from Ch. 116, par. 207)

 

 

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1    Sec. 7. Exemptions.
2    (1) When a request is made to inspect or copy a public
3record that contains information that is exempt from
4disclosure under this Section, but also contains information
5that is not exempt from disclosure, the public body may elect
6to redact the information that is exempt. The public body
7shall make the remaining information available for inspection
8and copying. Subject to this requirement, the following shall
9be exempt from inspection and copying:
10        (a) Information specifically prohibited from
11    disclosure by federal or State law or rules and
12    regulations implementing federal or State law.
13        (b) Private information, unless disclosure is required
14    by another provision of this Act, a State or federal law or
15    a court order.
16        (b-5) Files, documents, and other data or databases
17    maintained by one or more law enforcement agencies and
18    specifically designed to provide information to one or
19    more law enforcement agencies regarding the physical or
20    mental status of one or more individual subjects.
21        (c) Personal information contained within public
22    records, the disclosure of which would constitute a
23    clearly unwarranted invasion of personal privacy, unless
24    the disclosure is consented to in writing by the
25    individual subjects of the information. "Unwarranted
26    invasion of personal privacy" means the disclosure of

 

 

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1    information that is highly personal or objectionable to a
2    reasonable person and in which the subject's right to
3    privacy outweighs any legitimate public interest in
4    obtaining the information. The disclosure of information
5    that bears on the public duties of public employees and
6    officials shall not be considered an invasion of personal
7    privacy.
8        (d) Records in the possession of any public body
9    created in the course of administrative enforcement
10    proceedings, and any law enforcement or correctional
11    agency for law enforcement purposes, but only to the
12    extent that disclosure would:
13            (i) interfere with pending or actually and
14        reasonably contemplated law enforcement proceedings
15        conducted by any law enforcement or correctional
16        agency that is the recipient of the request;
17            (ii) interfere with active administrative
18        enforcement proceedings conducted by the public body
19        that is the recipient of the request;
20            (iii) create a substantial likelihood that a
21        person will be deprived of a fair trial or an impartial
22        hearing;
23            (iv) unavoidably disclose the identity of a
24        confidential source, confidential information
25        furnished only by the confidential source, or persons
26        who file complaints with or provide information to

 

 

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1        administrative, investigative, law enforcement, or
2        penal agencies; except that the identities of
3        witnesses to traffic accidents, traffic accident
4        reports, and rescue reports shall be provided by
5        agencies of local government, except when disclosure
6        would interfere with an active criminal investigation
7        conducted by the agency that is the recipient of the
8        request;
9            (v) disclose unique or specialized investigative
10        techniques other than those generally used and known
11        or disclose internal documents of correctional
12        agencies related to detection, observation or
13        investigation of incidents of crime or misconduct, and
14        disclosure would result in demonstrable harm to the
15        agency or public body that is the recipient of the
16        request;
17            (vi) endanger the life or physical safety of law
18        enforcement personnel or any other person; or
19            (vii) obstruct an ongoing criminal investigation
20        by the agency that is the recipient of the request.
21        (d-5) A law enforcement record created for law
22    enforcement purposes and contained in a shared electronic
23    record management system if the law enforcement agency
24    that is the recipient of the request did not create the
25    record, did not participate in or have a role in any of the
26    events which are the subject of the record, and only has

 

 

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1    access to the record through the shared electronic record
2    management system.
3        (d-6) Records contained in the Officer Professional
4    Conduct Database under Section 9.2 9.4 of the Illinois
5    Police Training Act, except to the extent authorized under
6    that Section. This includes the documents supplied to the
7    Illinois Law Enforcement Training Standards Board from the
8    Illinois State Police and Illinois State Police Merit
9    Board.
10        (e) Records that relate to or affect the security of
11    correctional institutions and detention facilities.
12        (e-5) Records requested by persons committed to the
13    Department of Corrections, Department of Human Services
14    Division of Mental Health, or a county jail if those
15    materials are available in the library of the correctional
16    institution or facility or jail where the inmate is
17    confined.
18        (e-6) Records requested by persons committed to the
19    Department of Corrections, Department of Human Services
20    Division of Mental Health, or a county jail if those
21    materials include records from staff members' personnel
22    files, staff rosters, or other staffing assignment
23    information.
24        (e-7) Records requested by persons committed to the
25    Department of Corrections or Department of Human Services
26    Division of Mental Health if those materials are available

 

 

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1    through an administrative request to the Department of
2    Corrections or Department of Human Services Division of
3    Mental Health.
4        (e-8) Records requested by a person committed to the
5    Department of Corrections, Department of Human Services
6    Division of Mental Health, or a county jail, the
7    disclosure of which would result in the risk of harm to any
8    person or the risk of an escape from a jail or correctional
9    institution or facility.
10        (e-9) Records requested by a person in a county jail
11    or committed to the Department of Corrections or
12    Department of Human Services Division of Mental Health,
13    containing personal information pertaining to the person's
14    victim or the victim's family, including, but not limited
15    to, a victim's home address, home telephone number, work
16    or school address, work telephone number, social security
17    number, or any other identifying information, except as
18    may be relevant to a requester's current or potential case
19    or claim.
20        (e-10) Law enforcement records of other persons
21    requested by a person committed to the Department of
22    Corrections, Department of Human Services Division of
23    Mental Health, or a county jail, including, but not
24    limited to, arrest and booking records, mug shots, and
25    crime scene photographs, except as these records may be
26    relevant to the requester's current or potential case or

 

 

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1    claim.
2        (f) Preliminary drafts, notes, recommendations,
3    memoranda and other records in which opinions are
4    expressed, or policies or actions are formulated, except
5    that a specific record or relevant portion of a record
6    shall not be exempt when the record is publicly cited and
7    identified by the head of the public body. The exemption
8    provided in this paragraph (f) extends to all those
9    records of officers and agencies of the General Assembly
10    that pertain to the preparation of legislative documents.
11        (g) Trade secrets and commercial or financial
12    information obtained from a person or business where the
13    trade secrets or commercial or financial information are
14    furnished under a claim that they are proprietary,
15    privileged, or confidential, and that disclosure of the
16    trade secrets or commercial or financial information would
17    cause competitive harm to the person or business, and only
18    insofar as the claim directly applies to the records
19    requested.
20        The information included under this exemption includes
21    all trade secrets and commercial or financial information
22    obtained by a public body, including a public pension
23    fund, from a private equity fund or a privately held
24    company within the investment portfolio of a private
25    equity fund as a result of either investing or evaluating
26    a potential investment of public funds in a private equity

 

 

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1    fund. The exemption contained in this item does not apply
2    to the aggregate financial performance information of a
3    private equity fund, nor to the identity of the fund's
4    managers or general partners. The exemption contained in
5    this item does not apply to the identity of a privately
6    held company within the investment portfolio of a private
7    equity fund, unless the disclosure of the identity of a
8    privately held company may cause competitive harm.
9        Nothing contained in this paragraph (g) shall be
10    construed to prevent a person or business from consenting
11    to disclosure.
12        (h) Proposals and bids for any contract, grant, or
13    agreement, including information which if it were
14    disclosed would frustrate procurement or give an advantage
15    to any person proposing to enter into a contractor
16    agreement with the body, until an award or final selection
17    is made. Information prepared by or for the body in
18    preparation of a bid solicitation shall be exempt until an
19    award or final selection is made.
20        (i) Valuable formulae, computer geographic systems,
21    designs, drawings and research data obtained or produced
22    by any public body when disclosure could reasonably be
23    expected to produce private gain or public loss. The
24    exemption for "computer geographic systems" provided in
25    this paragraph (i) does not extend to requests made by
26    news media as defined in Section 2 of this Act when the

 

 

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1    requested information is not otherwise exempt and the only
2    purpose of the request is to access and disseminate
3    information regarding the health, safety, welfare, or
4    legal rights of the general public.
5        (j) The following information pertaining to
6    educational matters:
7            (i) test questions, scoring keys and other
8        examination data used to administer an academic
9        examination;
10            (ii) information received by a primary or
11        secondary school, college, or university under its
12        procedures for the evaluation of faculty members by
13        their academic peers;
14            (iii) information concerning a school or
15        university's adjudication of student disciplinary
16        cases, but only to the extent that disclosure would
17        unavoidably reveal the identity of the student; and
18            (iv) course materials or research materials used
19        by faculty members.
20        (k) Architects' plans, engineers' technical
21    submissions, and other construction related technical
22    documents for projects not constructed or developed in
23    whole or in part with public funds and the same for
24    projects constructed or developed with public funds,
25    including, but not limited to, power generating and
26    distribution stations and other transmission and

 

 

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1    distribution facilities, water treatment facilities,
2    airport facilities, sport stadiums, convention centers,
3    and all government owned, operated, or occupied buildings,
4    but only to the extent that disclosure would compromise
5    security.
6        (l) Minutes of meetings of public bodies closed to the
7    public as provided in the Open Meetings Act until the
8    public body makes the minutes available to the public
9    under Section 2.06 of the Open Meetings Act.
10        (m) Communications between a public body and an
11    attorney or auditor representing the public body that
12    would not be subject to discovery in litigation, and
13    materials prepared or compiled by or for a public body in
14    anticipation of a criminal, civil, or administrative
15    proceeding upon the request of an attorney advising the
16    public body, and materials prepared or compiled with
17    respect to internal audits of public bodies.
18        (n) Records relating to a public body's adjudication
19    of employee grievances or disciplinary cases; however,
20    this exemption shall not extend to the final outcome of
21    cases in which discipline is imposed.
22        (o) Administrative or technical information associated
23    with automated data processing operations, including, but
24    not limited to, software, operating protocols, computer
25    program abstracts, file layouts, source listings, object
26    modules, load modules, user guides, documentation

 

 

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1    pertaining to all logical and physical design of
2    computerized systems, employee manuals, and any other
3    information that, if disclosed, would jeopardize the
4    security of the system or its data or the security of
5    materials exempt under this Section.
6        (p) Records relating to collective negotiating matters
7    between public bodies and their employees or
8    representatives, except that any final contract or
9    agreement shall be subject to inspection and copying.
10        (q) Test questions, scoring keys, and other
11    examination data used to determine the qualifications of
12    an applicant for a license or employment.
13        (r) The records, documents, and information relating
14    to real estate purchase negotiations until those
15    negotiations have been completed or otherwise terminated.
16    With regard to a parcel involved in a pending or actually
17    and reasonably contemplated eminent domain proceeding
18    under the Eminent Domain Act, records, documents, and
19    information relating to that parcel shall be exempt except
20    as may be allowed under discovery rules adopted by the
21    Illinois Supreme Court. The records, documents, and
22    information relating to a real estate sale shall be exempt
23    until a sale is consummated.
24        (s) Any and all proprietary information and records
25    related to the operation of an intergovernmental risk
26    management association or self-insurance pool or jointly

 

 

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1    self-administered health and accident cooperative or pool.
2    Insurance or self insurance (including any
3    intergovernmental risk management association or self
4    insurance pool) claims, loss or risk management
5    information, records, data, advice or communications.
6        (t) Information contained in or related to
7    examination, operating, or condition reports prepared by,
8    on behalf of, or for the use of a public body responsible
9    for the regulation or supervision of financial
10    institutions, insurance companies, or pharmacy benefit
11    managers, unless disclosure is otherwise required by State
12    law.
13        (u) Information that would disclose or might lead to
14    the disclosure of secret or confidential information,
15    codes, algorithms, programs, or private keys intended to
16    be used to create electronic signatures under the Uniform
17    Electronic Transactions Act.
18        (v) Vulnerability assessments, security measures, and
19    response policies or plans that are designed to identify,
20    prevent, or respond to potential attacks upon a
21    community's population or systems, facilities, or
22    installations, the destruction or contamination of which
23    would constitute a clear and present danger to the health
24    or safety of the community, but only to the extent that
25    disclosure could reasonably be expected to jeopardize the
26    effectiveness of the measures or the safety of the

 

 

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1    personnel who implement them or the public. Information
2    exempt under this item may include such things as details
3    pertaining to the mobilization or deployment of personnel
4    or equipment, to the operation of communication systems or
5    protocols, or to tactical operations.
6        (w) (Blank).
7        (x) Maps and other records regarding the location or
8    security of generation, transmission, distribution,
9    storage, gathering, treatment, or switching facilities
10    owned by a utility, by a power generator, or by the
11    Illinois Power Agency.
12        (y) Information contained in or related to proposals,
13    bids, or negotiations related to electric power
14    procurement under Section 1-75 of the Illinois Power
15    Agency Act and Section 16-111.5 of the Public Utilities
16    Act that is determined to be confidential and proprietary
17    by the Illinois Power Agency or by the Illinois Commerce
18    Commission.
19        (z) Information about students exempted from
20    disclosure under Sections 10-20.38 or 34-18.29 of the
21    School Code, and information about undergraduate students
22    enrolled at an institution of higher education exempted
23    from disclosure under Section 25 of the Illinois Credit
24    Card Marketing Act of 2009.
25        (aa) Information the disclosure of which is exempted
26    under the Viatical Settlements Act of 2009.

 

 

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1        (bb) Records and information provided to a mortality
2    review team and records maintained by a mortality review
3    team appointed under the Department of Juvenile Justice
4    Mortality Review Team Act.
5        (cc) Information regarding interments, entombments, or
6    inurnments of human remains that are submitted to the
7    Cemetery Oversight Database under the Cemetery Care Act or
8    the Cemetery Oversight Act, whichever is applicable.
9        (dd) Correspondence and records (i) that may not be
10    disclosed under Section 11-9 of the Illinois Public Aid
11    Code or (ii) that pertain to appeals under Section 11-8 of
12    the Illinois Public Aid Code.
13        (ee) The names, addresses, or other personal
14    information of persons who are minors and are also
15    participants and registrants in programs of park
16    districts, forest preserve districts, conservation
17    districts, recreation agencies, and special recreation
18    associations.
19        (ff) The names, addresses, or other personal
20    information of participants and registrants in programs of
21    park districts, forest preserve districts, conservation
22    districts, recreation agencies, and special recreation
23    associations where such programs are targeted primarily to
24    minors.
25        (gg) Confidential information described in Section
26    1-100 of the Illinois Independent Tax Tribunal Act of

 

 

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1    2012.
2        (hh) The report submitted to the State Board of
3    Education by the School Security and Standards Task Force
4    under item (8) of subsection (d) of Section 2-3.160 of the
5    School Code and any information contained in that report.
6        (ii) Records requested by persons committed to or
7    detained by the Department of Human Services under the
8    Sexually Violent Persons Commitment Act or committed to
9    the Department of Corrections under the Sexually Dangerous
10    Persons Act if those materials: (i) are available in the
11    library of the facility where the individual is confined;
12    (ii) include records from staff members' personnel files,
13    staff rosters, or other staffing assignment information;
14    or (iii) are available through an administrative request
15    to the Department of Human Services or the Department of
16    Corrections.
17        (jj) Confidential information described in Section
18    5-535 of the Civil Administrative Code of Illinois.
19        (kk) The public body's credit card numbers, debit card
20    numbers, bank account numbers, Federal Employer
21    Identification Number, security code numbers, passwords,
22    and similar account information, the disclosure of which
23    could result in identity theft or impression or defrauding
24    of a governmental entity or a person.
25        (ll) Records concerning the work of the threat
26    assessment team of a school district.

 

 

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1        (mm) Proprietary information submitted to the
2    Environmental Protection Agency under the Drug Take-Back
3    Act.
4    (1.5) Any information exempt from disclosure under the
5Judicial Privacy Act shall be redacted from public records
6prior to disclosure under this Act.
7    (2) A public record that is not in the possession of a
8public body but is in the possession of a party with whom the
9agency has contracted to perform a governmental function on
10behalf of the public body, and that directly relates to the
11governmental function and is not otherwise exempt under this
12Act, shall be considered a public record of the public body,
13for purposes of this Act.
14    (3) This Section does not authorize withholding of
15information or limit the availability of records to the
16public, except as stated in this Section or otherwise provided
17in this Act.
18(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
19101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
206-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
 
21    Section 100. The Environmental Protection Act is amended
22by changing Sections 22.15 and 22.55 as follows:
 
23    (415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
24    Sec. 22.15. Solid Waste Management Fund; fees.

 

 

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1    (a) There is hereby created within the State Treasury a
2special fund to be known as the Solid Waste Management Fund, to
3be constituted from the fees collected by the State pursuant
4to this Section, from repayments of loans made from the Fund
5for solid waste projects, from registration fees collected
6pursuant to the Consumer Electronics Recycling Act, and from
7amounts transferred into the Fund pursuant to Public Act
8100-433. Moneys received by either the Agency or the
9Department of Commerce and Economic Opportunity in repayment
10of loans made pursuant to the Illinois Solid Waste Management
11Act shall be deposited into the General Revenue Fund.
12    (b) The Agency shall assess and collect a fee in the amount
13set forth herein from the owner or operator of each sanitary
14landfill permitted or required to be permitted by the Agency
15to dispose of solid waste if the sanitary landfill is located
16off the site where such waste was produced and if such sanitary
17landfill is owned, controlled, and operated by a person other
18than the generator of such waste. The Agency shall deposit all
19fees collected into the Solid Waste Management Fund. If a site
20is contiguous to one or more landfills owned or operated by the
21same person, the volumes permanently disposed of by each
22landfill shall be combined for purposes of determining the fee
23under this subsection. Beginning on July 1, 2018, and on the
24first day of each month thereafter during fiscal years 2019
25through 2022, the State Comptroller shall direct and State
26Treasurer shall transfer an amount equal to 1/12 of $5,000,000

 

 

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1per fiscal year from the Solid Waste Management Fund to the
2General Revenue Fund.
3        (1) If more than 150,000 cubic yards of non-hazardous
4    solid waste is permanently disposed of at a site in a
5    calendar year, the owner or operator shall either pay a
6    fee of 95 cents per cubic yard or, alternatively, the
7    owner or operator may weigh the quantity of the solid
8    waste permanently disposed of with a device for which
9    certification has been obtained under the Weights and
10    Measures Act and pay a fee of $2.00 per ton of solid waste
11    permanently disposed of. In no case shall the fee
12    collected or paid by the owner or operator under this
13    paragraph exceed $1.55 per cubic yard or $3.27 per ton.
14        (2) If more than 100,000 cubic yards but not more than
15    150,000 cubic yards of non-hazardous waste is permanently
16    disposed of at a site in a calendar year, the owner or
17    operator shall pay a fee of $52,630.
18        (3) If more than 50,000 cubic yards but not more than
19    100,000 cubic yards of non-hazardous solid waste is
20    permanently disposed of at a site in a calendar year, the
21    owner or operator shall pay a fee of $23,790.
22        (4) If more than 10,000 cubic yards but not more than
23    50,000 cubic yards of non-hazardous solid waste is
24    permanently disposed of at a site in a calendar year, the
25    owner or operator shall pay a fee of $7,260.
26        (5) If not more than 10,000 cubic yards of

 

 

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1    non-hazardous solid waste is permanently disposed of at a
2    site in a calendar year, the owner or operator shall pay a
3    fee of $1050.
4    (c) (Blank).
5    (d) The Agency shall establish rules relating to the
6collection of the fees authorized by this Section. Such rules
7shall include, but not be limited to:
8        (1) necessary records identifying the quantities of
9    solid waste received or disposed;
10        (2) the form and submission of reports to accompany
11    the payment of fees to the Agency;
12        (3) the time and manner of payment of fees to the
13    Agency, which payments shall not be more often than
14    quarterly; and
15        (4) procedures setting forth criteria establishing
16    when an owner or operator may measure by weight or volume
17    during any given quarter or other fee payment period.
18    (e) Pursuant to appropriation, all monies in the Solid
19Waste Management Fund shall be used by the Agency for the
20purposes set forth in this Section and in the Illinois Solid
21Waste Management Act, including for the costs of fee
22collection and administration, and for the administration of
23(1) the Consumer Electronics Recycling Act and the Drug
24Take-Back Act (2) until January 1, 2020, the Electronic
25Products Recycling and Reuse Act.
26    (f) The Agency is authorized to enter into such agreements

 

 

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1and to promulgate such rules as are necessary to carry out its
2duties under this Section and the Illinois Solid Waste
3Management Act.
4    (g) On the first day of January, April, July, and October
5of each year, beginning on July 1, 1996, the State Comptroller
6and Treasurer shall transfer $500,000 from the Solid Waste
7Management Fund to the Hazardous Waste Fund. Moneys
8transferred under this subsection (g) shall be used only for
9the purposes set forth in item (1) of subsection (d) of Section
1022.2.
11    (h) The Agency is authorized to provide financial
12assistance to units of local government for the performance of
13inspecting, investigating and enforcement activities pursuant
14to Section 4(r) at nonhazardous solid waste disposal sites.
15    (i) The Agency is authorized to conduct household waste
16collection and disposal programs.
17    (j) A unit of local government, as defined in the Local
18Solid Waste Disposal Act, in which a solid waste disposal
19facility is located may establish a fee, tax, or surcharge
20with regard to the permanent disposal of solid waste. All
21fees, taxes, and surcharges collected under this subsection
22shall be utilized for solid waste management purposes,
23including long-term monitoring and maintenance of landfills,
24planning, implementation, inspection, enforcement and other
25activities consistent with the Solid Waste Management Act and
26the Local Solid Waste Disposal Act, or for any other

 

 

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1environment-related purpose, including, but not limited to, an
2environment-related public works project, but not for the
3construction of a new pollution control facility other than a
4household hazardous waste facility. However, the total fee,
5tax or surcharge imposed by all units of local government
6under this subsection (j) upon the solid waste disposal
7facility shall not exceed:
8        (1) 60˘ per cubic yard if more than 150,000 cubic
9    yards of non-hazardous solid waste is permanently disposed
10    of at the site in a calendar year, unless the owner or
11    operator weighs the quantity of the solid waste received
12    with a device for which certification has been obtained
13    under the Weights and Measures Act, in which case the fee
14    shall not exceed $1.27 per ton of solid waste permanently
15    disposed of.
16        (2) $33,350 if more than 100,000 cubic yards, but not
17    more than 150,000 cubic yards, of non-hazardous waste is
18    permanently disposed of at the site in a calendar year.
19        (3) $15,500 if more than 50,000 cubic yards, but not
20    more than 100,000 cubic yards, of non-hazardous solid
21    waste is permanently disposed of at the site in a calendar
22    year.
23        (4) $4,650 if more than 10,000 cubic yards, but not
24    more than 50,000 cubic yards, of non-hazardous solid waste
25    is permanently disposed of at the site in a calendar year.
26        (5) $650 if not more than 10,000 cubic yards of

 

 

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1    non-hazardous solid waste is permanently disposed of at
2    the site in a calendar year.
3    The corporate authorities of the unit of local government
4may use proceeds from the fee, tax, or surcharge to reimburse a
5highway commissioner whose road district lies wholly or
6partially within the corporate limits of the unit of local
7government for expenses incurred in the removal of
8nonhazardous, nonfluid municipal waste that has been dumped on
9public property in violation of a State law or local
10ordinance.
11    For the disposal of solid waste from general construction
12or demolition debris recovery facilities as defined in
13subsection (a-1) of Section 3.160, the total fee, tax, or
14surcharge imposed by all units of local government under this
15subsection (j) upon the solid waste disposal facility shall
16not exceed 50% of the applicable amount set forth above. A unit
17of local government, as defined in the Local Solid Waste
18Disposal Act, in which a general construction or demolition
19debris recovery facility is located may establish a fee, tax,
20or surcharge on the general construction or demolition debris
21recovery facility with regard to the permanent disposal of
22solid waste by the general construction or demolition debris
23recovery facility at a solid waste disposal facility, provided
24that such fee, tax, or surcharge shall not exceed 50% of the
25applicable amount set forth above, based on the total amount
26of solid waste transported from the general construction or

 

 

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1demolition debris recovery facility for disposal at solid
2waste disposal facilities, and the unit of local government
3and fee shall be subject to all other requirements of this
4subsection (j).
5    A county or Municipal Joint Action Agency that imposes a
6fee, tax, or surcharge under this subsection may use the
7proceeds thereof to reimburse a municipality that lies wholly
8or partially within its boundaries for expenses incurred in
9the removal of nonhazardous, nonfluid municipal waste that has
10been dumped on public property in violation of a State law or
11local ordinance.
12    If the fees are to be used to conduct a local sanitary
13landfill inspection or enforcement program, the unit of local
14government must enter into a written delegation agreement with
15the Agency pursuant to subsection (r) of Section 4. The unit of
16local government and the Agency shall enter into such a
17written delegation agreement within 60 days after the
18establishment of such fees. At least annually, the Agency
19shall conduct an audit of the expenditures made by units of
20local government from the funds granted by the Agency to the
21units of local government for purposes of local sanitary
22landfill inspection and enforcement programs, to ensure that
23the funds have been expended for the prescribed purposes under
24the grant.
25    The fees, taxes or surcharges collected under this
26subsection (j) shall be placed by the unit of local government

 

 

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1in a separate fund, and the interest received on the moneys in
2the fund shall be credited to the fund. The monies in the fund
3may be accumulated over a period of years to be expended in
4accordance with this subsection.
5    A unit of local government, as defined in the Local Solid
6Waste Disposal Act, shall prepare and post on its website, in
7April of each year, a report that details spending plans for
8monies collected in accordance with this subsection. The
9report will at a minimum include the following:
10        (1) The total monies collected pursuant to this
11    subsection.
12        (2) The most current balance of monies collected
13    pursuant to this subsection.
14        (3) An itemized accounting of all monies expended for
15    the previous year pursuant to this subsection.
16        (4) An estimation of monies to be collected for the
17    following 3 years pursuant to this subsection.
18        (5) A narrative detailing the general direction and
19    scope of future expenditures for one, 2 and 3 years.
20    The exemptions granted under Sections 22.16 and 22.16a,
21and under subsection (k) of this Section, shall be applicable
22to any fee, tax or surcharge imposed under this subsection
23(j); except that the fee, tax or surcharge authorized to be
24imposed under this subsection (j) may be made applicable by a
25unit of local government to the permanent disposal of solid
26waste after December 31, 1986, under any contract lawfully

 

 

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1executed before June 1, 1986 under which more than 150,000
2cubic yards (or 50,000 tons) of solid waste is to be
3permanently disposed of, even though the waste is exempt from
4the fee imposed by the State under subsection (b) of this
5Section pursuant to an exemption granted under Section 22.16.
6    (k) In accordance with the findings and purposes of the
7Illinois Solid Waste Management Act, beginning January 1, 1989
8the fee under subsection (b) and the fee, tax or surcharge
9under subsection (j) shall not apply to:
10        (1) waste which is hazardous waste;
11        (2) waste which is pollution control waste;
12        (3) waste from recycling, reclamation or reuse
13    processes which have been approved by the Agency as being
14    designed to remove any contaminant from wastes so as to
15    render such wastes reusable, provided that the process
16    renders at least 50% of the waste reusable; the exemption
17    set forth in this paragraph (3) of this subsection (k)
18    shall not apply to general construction or demolition
19    debris recovery facilities as defined in subsection (a-1)
20    of Section 3.160;
21        (4) non-hazardous solid waste that is received at a
22    sanitary landfill and composted or recycled through a
23    process permitted by the Agency; or
24        (5) any landfill which is permitted by the Agency to
25    receive only demolition or construction debris or
26    landscape waste.

 

 

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1(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
2102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
38-20-21; revised 9-28-21.)
 
4    (415 ILCS 5/22.55)
5    Sec. 22.55. Household waste drop-off points.
6    (a) Findings; purpose and intent.
7        (1) The General Assembly finds that protection of
8    human health and the environment can be enhanced if
9    certain commonly generated household wastes are managed
10    separately from the general household waste stream.
11        (2) The purpose of this Section is to provide, to the
12    extent allowed under federal law, a method for managing
13    certain types of household waste separately from the
14    general household waste stream.
15    (b) Definitions. For the purposes of this Section:
16        "Compostable waste" means household waste that is
17    source-separated food scrap, household waste that is
18    source-separated landscape waste, or a mixture of both.
19        "Controlled substance" means a controlled substance as
20    defined in the Illinois Controlled Substances Act.
21        "Household waste" means waste generated from a single
22    residence or multiple residences.
23        "Household waste drop-off point" means the portion of
24    a site or facility used solely for the receipt and
25    temporary storage of household waste.

 

 

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1        "One-day compostable waste collection event" means a
2    household waste drop-off point approved by a county or
3    municipality under subsection (d-5) of this Section.
4        "One-day household waste collection event" means a
5    household waste drop-off point approved by the Agency
6    under subsection (d) of this Section.
7        "Permanent compostable waste collection point" means a
8    household waste drop-off point approved by a county or
9    municipality under subsection (d-6) of this Section.
10        "Personal care product" means an item other than a
11    pharmaceutical product that is consumed or applied by an
12    individual for personal health, hygiene, or cosmetic
13    reasons. Personal care products include, but are not
14    limited to, items used in bathing, dressing, or grooming.
15        "Pharmaceutical product" means medicine or a product
16    containing medicine. A pharmaceutical product may be sold
17    by prescription or over the counter. "Pharmaceutical
18    product" does not include medicine that contains a
19    radioactive component or a product that contains a
20    radioactive component.
21        "Recycling coordinator" means the person designated by
22    each county waste management plan to administer the county
23    recycling program, as set forth in the Solid Waste
24    Management Act.
25    (c) Except as otherwise provided in Agency rules, the
26following requirements apply to each household waste drop-off

 

 

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1point, other than a one-day household waste collection event,
2one-day compostable waste collection event, or permanent
3compostable waste collection point:
4        (1) A household waste drop-off point must not accept
5    waste other than the following types of household waste:
6    pharmaceutical products, personal care products, batteries
7    other than lead-acid batteries, paints, automotive fluids,
8    compact fluorescent lightbulbs, mercury thermometers, and
9    mercury thermostats. A household waste drop-off point may
10    accept controlled substances in accordance with federal
11    law.
12        (2) Except as provided in subdivision (c)(2) of this
13    Section, household waste drop-off points must be located
14    at a site or facility where the types of products accepted
15    at the household waste drop-off point are lawfully sold,
16    distributed, or dispensed. For example, household waste
17    drop-off points that accept prescription pharmaceutical
18    products must be located at a site or facility where
19    prescription pharmaceutical products are sold,
20    distributed, or dispensed.
21            (A) Subdivision (c)(2) of this Section does not
22        apply to household waste drop-off points operated by a
23        government or school entity, or by an association or
24        other organization of government or school entities.
25            (B) Household waste drop-off points that accept
26        mercury thermometers can be located at any site or

 

 

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1        facility where non-mercury thermometers are sold,
2        distributed, or dispensed.
3            (C) Household waste drop-off points that accept
4        mercury thermostats can be located at any site or
5        facility where non-mercury thermostats are sold,
6        distributed, or dispensed.
7        (3) The location of acceptance for each type of waste
8    accepted at the household waste drop-off point must be
9    clearly identified. Locations where pharmaceutical
10    products are accepted must also include a copy of the sign
11    required under subsection (j) of this Section.
12        (4) Household waste must be accepted only from private
13    individuals. Waste must not be accepted from other
14    persons, including, but not limited to, owners and
15    operators of rented or leased residences where the
16    household waste was generated, commercial haulers, and
17    other commercial, industrial, agricultural, and government
18    operations or entities.
19        (5) If more than one type of household waste is
20    accepted, each type of household waste must be managed
21    separately prior to its packaging for off-site transfer.
22        (6) Household waste must not be stored for longer than
23    90 days after its receipt, except as otherwise approved by
24    the Agency in writing.
25        (7) Household waste must be managed in a manner that
26    protects against releases of the waste, prevents

 

 

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1    nuisances, and otherwise protects human health and the
2    environment. Household waste must also be properly secured
3    to prevent unauthorized public access to the waste,
4    including, but not limited to, preventing access to the
5    waste during the non-business hours of the site or
6    facility on which the household waste drop-off point is
7    located. Containers in which pharmaceutical products are
8    collected must be clearly marked "No Controlled
9    Substances", unless the household waste drop-off point
10    accepts controlled substances in accordance with federal
11    law.
12        (8) Management of the household waste must be limited
13    to the following: (i) acceptance of the waste, (ii)
14    temporary storage of the waste prior to transfer, and
15    (iii) off-site transfer of the waste and packaging for
16    off-site transfer.
17        (9) Off-site transfer of the household waste must
18    comply with federal and State laws and regulations.
19    (d) One-day household waste collection events. To further
20aid in the collection of certain household wastes, the Agency
21may approve the operation of one-day household waste
22collection events. The Agency shall not approve a one-day
23household waste collection event at the same site or facility
24for more than one day each calendar quarter. Requests for
25approval must be submitted on forms prescribed by the Agency.
26The Agency must issue its approval in writing, and it may

 

 

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1impose conditions as necessary to protect human health and the
2environment and to otherwise accomplish the purposes of this
3Act. One-day household waste collection events must be
4operated in accordance with the Agency's approval, including
5all conditions contained in the approval. The following
6requirements apply to all one-day household waste collection
7events, in addition to the conditions contained in the
8Agency's approval:
9        (1) Waste accepted at the event must be limited to
10    household waste and must not include garbage, landscape
11    waste, or other waste excluded by the Agency in the
12    Agency's approval or any conditions contained in the
13    approval. A one-day household waste collection event may
14    accept controlled substances in accordance with federal
15    law.
16        (2) Household waste must be accepted only from private
17    individuals. Waste must not be accepted from other
18    persons, including, but not limited to, owners and
19    operators of rented or leased residences where the
20    household waste was generated, commercial haulers, and
21    other commercial, industrial, agricultural, and government
22    operations or entities.
23        (3) Household waste must be managed in a manner that
24    protects against releases of the waste, prevents
25    nuisances, and otherwise protects human health and the
26    environment. Household waste must also be properly secured

 

 

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1    to prevent public access to the waste, including, but not
2    limited to, preventing access to the waste during the
3    event's non-business hours.
4        (4) Management of the household waste must be limited
5    to the following: (i) acceptance of the waste, (ii)
6    temporary storage of the waste before transfer, and (iii)
7    off-site transfer of the waste or packaging for off-site
8    transfer.
9        (5) Except as otherwise approved by the Agency, all
10    household waste received at the collection event must be
11    transferred off-site by the end of the day following the
12    collection event.
13        (6) The transfer and ultimate disposition of household
14    waste received at the collection event must comply with
15    the Agency's approval, including all conditions contained
16    in the approval.
17    (d-5) One-day compostable waste collection event. To
18further aid in the collection and composting of compostable
19waste, as defined in subsection (b), a municipality may
20approve the operation of one-day compostable waste collection
21events at any site or facility within its territorial
22jurisdiction, and a county may approve the operation of
23one-day compostable waste collection events at any site or
24facility in any unincorporated area within its territorial
25jurisdiction. The approval granted under this subsection (d-5)
26must be in writing; must specify the date, location, and time

 

 

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1of the event; and must list the types of compostable waste that
2will be collected at the event. If the one-day compostable
3waste collection event is to be operated at a location within a
4county with a population of more than 400,000 but less than
52,000,000 inhabitants, according to the 2010 decennial census,
6then the operator of the event shall, at least 30 days before
7the event, provide a copy of the approval to the recycling
8coordinator designated by that county. The approval granted
9under this subsection (d-5) may include conditions imposed by
10the county or municipality as necessary to protect public
11health and prevent odors, vectors, and other nuisances. A
12one-day compostable waste collection event approved under this
13subsection (d-5) must be operated in accordance with the
14approval, including all conditions contained in the approval.
15The following requirements shall apply to the one-day
16compostable waste collection event, in addition to the
17conditions contained in the approval:
18        (1) Waste accepted at the event must be limited to the
19    types of compostable waste authorized to be accepted under
20    the approval.
21        (2) Information promoting the event and signs at the
22    event must clearly indicate the types of compostable waste
23    approved for collection. To discourage the receipt of
24    other waste, information promoting the event and signs at
25    the event must also include:
26            (A) examples of compostable waste being collected;

 

 

HB1780 Enrolled- 54 -LRB102 13555 CPF 18902 b

1        and
2            (B) examples of waste that is not being collected.
3        (3) Compostable waste must be accepted only from
4    private individuals. It may not be accepted from other
5    persons, including, but not limited to, owners and
6    operators of rented or leased residences where it was
7    generated, commercial haulers, and other commercial,
8    industrial, agricultural, and government operations or
9    entities.
10        (4) Compostable waste must be managed in a manner that
11    protects against releases of the waste, prevents
12    nuisances, and otherwise protects human health and the
13    environment. Compostable waste must be properly secured to
14    prevent it from being accessed by the public at any time,
15    including, but not limited to, during the collection
16    event's non-operating hours. One-day compostable waste
17    collection events must be adequately supervised during
18    their operating hours.
19        (5) Compostable waste must be secured in non-porous,
20    rigid, leak-proof containers that:
21            (A) are covered, except when the compostable waste
22        is being added to or removed from the containers or it
23        is otherwise necessary to access the compostable
24        waste;
25            (B) prevent precipitation from draining through
26        the compostable waste;

 

 

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1            (C) prevent dispersion of the compostable waste by
2        wind;
3            (D) contain spills or releases that could create
4        nuisances or otherwise harm human health or the
5        environment;
6            (E) limit access to the compostable waste by
7        vectors;
8            (F) control odors and other nuisances; and
9            (G) provide for storage, removal, and off-site
10        transfer of the compostable waste in a manner that
11        protects its ability to be composted.
12        (6) No more than a total of 40 cubic yards of
13    compostable waste shall be located at the collection site
14    at any one time.
15        (7) Management of the compostable waste must be
16    limited to the following: (A) acceptance, (B) temporary
17    storage before transfer, and (C) off-site transfer.
18        (8) All compostable waste received at the event must
19    be transferred off-site to a permitted compost facility by
20    no later than 48 hours after the event ends or by the end
21    of the first business day after the event ends, whichever
22    is sooner.
23        (9) If waste other than compostable waste is received
24    at the event, then that waste must be disposed of within 48
25    hours after the event ends or by the end of the first
26    business day after the event ends, whichever is sooner.

 

 

HB1780 Enrolled- 56 -LRB102 13555 CPF 18902 b

1    (d-6) Permanent compostable waste collection points. To
2further aid in the collection and composting of compostable
3waste, as defined in subsection (b), a municipality may
4approve the operation of permanent compostable waste
5collection points at any site or facility within its
6territorial jurisdiction, and a county may approve the
7operation of permanent compostable waste collection points at
8any site or facility in any unincorporated area within its
9territorial jurisdiction. The approval granted pursuant to
10this subsection (d-6) must be in writing; must specify the
11location, operating days, and operating hours of the
12collection point; must list the types of compostable waste
13that will be collected at the collection point; and must
14specify a term of not more than 365 calendar days during which
15the approval will be effective. In addition, if the permanent
16compostable waste collection point is to be operated at a
17location within a county with a population of more than
18400,000 but less than 2,000,000 inhabitants, according to the
192010 federal decennial census, then the operator of the
20collection point shall, at least 30 days before the collection
21point begins operation, provide a copy of the approval to the
22recycling coordinator designated by that county. The approval
23may include conditions imposed by the county or municipality
24as necessary to protect public health and prevent odors,
25vectors, and other nuisances. A permanent compostable waste
26collection point approved pursuant to this subsection (d-6)

 

 

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1must be operated in accordance with the approval, including
2all conditions contained in the approval. The following
3requirements apply to the permanent compostable waste
4collection point, in addition to the conditions contained in
5the approval:
6        (1) Waste accepted at the collection point must be
7    limited to the types of compostable waste authorized to be
8    accepted under the approval.
9        (2) Information promoting the collection point and
10    signs at the collection point must clearly indicate the
11    types of compostable waste approved for collection. To
12    discourage the receipt of other waste, information
13    promoting the collection point and signs at the collection
14    point must also include (A) examples of compostable waste
15    being collected and (B) examples of waste that is not
16    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    point's non-operating hours. Permanent compostable waste
5    collection points 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 no larger than 10 cubic yards in size;
10            (B) are covered, except when the compostable waste
11        is being added to or removed from the container or it
12        is otherwise necessary to access the compostable
13        waste;
14            (C) prevent precipitation from draining through
15        the compostable waste;
16            (D) prevent dispersion of the compostable waste by
17        wind;
18            (E) contain spills or releases that could create
19        nuisances or otherwise harm human health or the
20        environment;
21            (F) limit access to the compostable waste by
22        vectors;
23            (G) control odors and other nuisances; and
24            (H) provide for storage, removal, and off-site
25        transfer of the compostable waste in a manner that
26        protects its ability to be composted.

 

 

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1        (6) No more than a total of 10 cubic yards of
2    compostable waste shall be located at the permanent
3    compostable waste collection site at any one time.
4        (7) Management of the compostable waste must be
5    limited to the following: (A) acceptance, (B) temporary
6    storage before transfer, and (C) off-site transfer.
7        (8) All compostable waste received at the permanent
8    compostable waste collection point must be transferred
9    off-site to a permitted compost facility not less
10    frequently than once every 7 days.
11        (9) If a permanent compostable waste collection point
12    receives waste other than compostable waste, then that
13    waste must be disposed of not less frequently than once
14    every 7 days.
15    (e) The Agency may adopt rules governing the operation of
16household waste drop-off points, other than one-day household
17waste collection events, one-day compostable waste collection
18events, and permanent compostable waste collection points.
19Those rules must be designed to protect against releases of
20waste to the environment, prevent nuisances, and otherwise
21protect human health and the environment. As necessary to
22address different circumstances, the regulations may contain
23different requirements for different types of household waste
24and different types of household waste drop-off points, and
25the regulations may modify the requirements set forth in
26subsection (c) of this Section. The regulations may include,

 

 

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1but are not limited to, the following: (i) identification of
2additional types of household waste that can be collected at
3household waste drop-off points, (ii) identification of the
4different types of household wastes that can be received at
5different household waste drop-off points, (iii) the maximum
6amounts of each type of household waste that can be stored at
7household waste drop-off points at any one time, and (iv) the
8maximum time periods each type of household waste can be
9stored at household waste drop-off points.
10    (f) Prohibitions.
11        (1) Except as authorized in a permit issued by the
12    Agency, no person shall cause or allow the operation of a
13    household waste drop-off point, other than a one-day
14    household waste collection event, one-day compostable
15    waste collection event, or permanent compostable waste
16    collection point, in violation of this Section or any
17    regulations adopted under this Section.
18        (2) No person shall cause or allow the operation of a
19    one-day household waste collection event in violation of
20    this Section or the Agency's approval issued under
21    subsection (d) of this Section, including all conditions
22    contained in the approval.
23        (3) No person shall cause or allow the operation of a
24    one-day compostable waste collection event in violation of
25    this Section or the approval issued for the one-day
26    compostable waste collection event under subsection (d-5)

 

 

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1    of this Section, including all conditions contained in the
2    approval.
3        (4) No person shall cause or allow the operation of a
4    permanent compostable waste collection event in violation
5    of this Section or the approval issued for the permanent
6    compostable waste collection point under subsection (d-6)
7    of this Section, including all conditions contained in the
8    approval.
9    (g) Permit exemptions.
10        (1) No permit is required under subdivision (d)(1) of
11    Section 21 of this Act for the operation of a household
12    waste drop-off point, other than a one-day household waste
13    collection event, one-day compostable waste collection
14    event, or permanent compostable waste collection point, if
15    the household waste drop-off point is operated in
16    accordance with this Section and all regulations adopted
17    under this Section.
18        (2) No permit is required under subdivision (d)(1) of
19    Section 21 of this Act for the operation of a one-day
20    household waste collection event if the event is operated
21    in accordance with this Section and the Agency's approval
22    issued under subsection (d) of this Section, including all
23    conditions contained in the approval, or for the operation
24    of a household waste collection event by the Agency.
25        (3) No permit is required under paragraph (1) of
26    subsection (d) of Section 21 of this Act for the operation

 

 

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1    of a one-day compostable waste collection event if the
2    compostable waste collection event is operated in
3    accordance with this Section and the approval issued for
4    the compostable waste collection point under subsection
5    (d-5) of this Section, including all conditions contained
6    in the approval.
7        (4) No permit is required under paragraph (1) of
8    subsection (d) of Section 21 of this Act for the operation
9    of a permanent compostable waste collection point if the
10    collection point is operated in accordance with this
11    Section and the approval issued for the compostable waste
12    collection event under subsection (d-6) of this Section,
13    including all conditions contained in the approval.
14    (h) This Section does not apply to the following:
15        (1) Persons accepting household waste that they are
16    authorized to accept under a permit issued by the Agency.
17        (2) Sites or facilities operated pursuant to an
18    intergovernmental agreement entered into with the Agency
19    under Section 22.16b(d) of this Act.
20    (i) (Blank). The Agency, in consultation with the
21Department of Public Health, must develop and implement a
22public information program regarding household waste drop-off
23points that accept pharmaceutical products, as well as
24mail-back programs authorized under federal law.
25    (j) (Blank). The Agency must develop a sign that provides
26information on the proper disposal of unused pharmaceutical

 

 

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1products. The sign shall include information on approved
2drop-off sites or list a website where updated information on
3drop-off sites can be accessed. The sign shall also include
4information on mail-back programs and self-disposal. The
5Agency shall make a copy of the sign available for downloading
6from its website. Every pharmacy shall display the sign in the
7area where medications are dispensed and shall also display
8any signs the Agency develops regarding local take-back
9programs or household waste collection events. These signs
10shall be no larger than 8.5 inches by 11 inches.
11    (k) If an entity chooses to participate as a household
12waste drop-off point, then it must follow the provisions of
13this Section and any rules the Agency may adopt governing
14household waste drop-off points.
15    (l) (Blank). The Agency shall establish, by rule, a
16statewide medication take-back program by June 1, 2016 to
17ensure that there are pharmaceutical product disposal options
18regularly available for residents across the State. No private
19entity may be compelled to serve as or fund a take-back
20location or program. Medications collected and disposed of
21under the program shall include controlled substances approved
22for collection by federal law. All medications collected and
23disposed of under the program must be managed in accordance
24with all applicable federal and State laws and regulations.
25The Agency shall issue a report to the General Assembly by June
261, 2019 detailing the amount of pharmaceutical products

 

 

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1annually collected under the program, as well as any
2legislative recommendations.
3(Source: P.A. 99-11, eff. 7-10-15; 99-480, eff. 9-9-15;
499-642, eff. 7-28-16.)
 
5    Section 999. Effective date. This Act takes effect upon
6becoming law.