Full Text of HB6968 93rd General Assembly
HB6968 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6968
Introduced 02/09/04, by Sara Feigenholtz - Deborah L. Graham SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/3.458 new |
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415 ILCS 5/56.1 |
from Ch. 111 1/2, par. 1056.1 |
415 ILCS 5/56.7 new |
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Amends the Environmental Protection Act. Provides that no permit shall be
required for the operation of a sharps collection station if the operator
follows certain procedures concerning the acceptance, storage, treatment,
disposal, and transportation of the medical waste. Defines "sharps collection
station". Effective immediately.
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A BILL FOR
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HB6968 |
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LRB093 21017 BDD 47030 b |
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| AN ACT concerning infectious medical waste.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section
56.1 and by adding Sections 3.458 and 56.7 as | 6 |
| follows:
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| (415 ILCS 5/3.458 new)
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| Sec. 3.458. Sharps collection station.
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| (a) "Sharps collection station" means a designated area at | 10 |
| an applicable
facility where (i) hypodermic, intravenous, or | 11 |
| other medical needles, (ii)
hypodermic or intravenous | 12 |
| syringes, or (iii) medical household waste containing
medical | 13 |
| sharps, including, but not limited to, hypodermic, | 14 |
| intravenous, or
other medical needles, and hypodermic or | 15 |
| intravenous syringes, are collected
for transport, storage, | 16 |
| treatment, transfer, or disposal.
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| (b) For purposes of this Section, "applicable facility" | 18 |
| means any of the
following:
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| (1) A hospital.
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| (2) A physician's office.
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| (3) A pharmacy employing a registered pharmacist.
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| (4) The principal place of business of any government | 23 |
| official who is
authorized under Section 1 of the | 24 |
| Hypodermic Syringes and Needles Act (720 ILCS
635/) to | 25 |
| possess hypodermic, intravenous, or other medical needles, | 26 |
| or
hypodermic or intravenous syringes, by reason of his or | 27 |
| her official duties.
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| (5) The base of operation of any physician, registered | 29 |
| professional nurse,
nurse acting under the direction of a | 30 |
| physician, or other person authorized
under Section 1 of | 31 |
| the Hypodermic Syringes and Needles Act to possess
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| hypodermic, intravenous, or other medical needles, or |
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| hypodermic or intravenous
syringes, that provides | 2 |
| healthcare services at sites other than his or her base
of | 3 |
| operation.
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| (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
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| Sec. 56.1. Acts prohibited.
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| (A) No person shall:
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| (a) Cause or allow the disposal of any potentially | 8 |
| infectious medical
waste. Sharps may be disposed in any | 9 |
| landfill permitted by the Agency under
Section 21 of this Act | 10 |
| to accept municipal waste for disposal, if both:
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| (1) the infectious potential has been eliminated from | 12 |
| the sharps by
treatment; and
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| (2) the sharps are packaged in accordance with Board | 14 |
| regulations.
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| (b) Cause or allow the delivery of any potentially | 16 |
| infectious medical
waste for transport, storage, treatment, or | 17 |
| transfer except in accordance
with Board regulations.
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| (c) Beginning July 1, 1992, cause or allow the delivery of | 19 |
| any
potentially infectious medical waste to a person or | 20 |
| facility for storage,
treatment, or transfer that does not have | 21 |
| a permit issued by the agency to
receive potentially infectious | 22 |
| medical waste, unless no permit is required
under subsection | 23 |
| (g)(1).
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| (d) Beginning July 1, 1992, cause or allow the delivery or | 25 |
| transfer of
any potentially infectious medical waste for | 26 |
| transport unless:
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| (1) the transporter has a permit issued by the Agency | 28 |
| to transport
potentially infectious medical waste, or the | 29 |
| transporter is exempt from the
permit requirement set forth | 30 |
| in subsection (f)(l).
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| (2) a potentially infectious medical waste manifest is | 32 |
| completed for
the waste if a manifest is required under | 33 |
| subsection (h).
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| (e) Cause or allow the acceptance of any potentially | 35 |
| infectious medical
waste for purposes of transport, storage, |
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| treatment, or transfer except in
accordance with Board | 2 |
| regulations.
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| (f) Beginning July 1, 1992, conduct any potentially | 4 |
| infectious medical
waste transportation operation:
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| (1) Without a permit issued by the Agency to transport | 6 |
| potentially
infectious medical waste. No permit is | 7 |
| required under this provision (f)(1)
for:
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| (A) a person transporting potentially infectious | 9 |
| medical waste
generated solely by that person's | 10 |
| activities;
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| (B) noncommercial transportation of less than 50 | 12 |
| pounds of potentially
infectious medical waste at any | 13 |
| one
time; or
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| (C) the U.S. Postal Service.
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| (2) In violation of any condition of any permit issued | 16 |
| by the Agency
under this Act.
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| (3) In violation of any regulation adopted by the | 18 |
| Board.
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| (4) In violation of any order adopted by the Board | 20 |
| under this Act.
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| (g) Beginning July 1, 1992, conduct any potentially | 22 |
| infectious medical
waste treatment, storage, or transfer | 23 |
| operation:
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| (1) without a permit issued by the Agency that | 25 |
| specifically
authorizes the treatment, storage, or transfer of | 26 |
| potentially infectious
medical waste. No permit is required | 27 |
| under this subsection (g) or subsection (d)(1) of Section 21 | 28 |
| for any:
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| (A) Person conducting a potentially infectious | 30 |
| medical waste
treatment, storage, or transfer | 31 |
| operation for potentially infectious
medical waste | 32 |
| generated by the person's own activities that are | 33 |
| treated,
stored, or transferred within the site where | 34 |
| the potentially infectious
medical waste is generated.
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| (B) Hospital that treats, stores, or transfers | 36 |
| only potentially
infectious medical waste generated by |
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| its own activities or by members of its
medical staff.
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| (C) Sharps collection station that is operated in | 3 |
| accordance with
Section 56.7.
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| (2) in violation of any condition of any permit issued | 5 |
| by the Agency
under this Act.
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| (3) in violation of any regulation adopted by the | 7 |
| Board.
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| (4) In violation of any order adopted by the Board | 9 |
| under this Act.
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| (h) Transport potentially infectious medical waste unless | 11 |
| the
transporter carries a completed potentially infectious | 12 |
| medical waste
manifest. No manifest is required for the | 13 |
| transportation of:
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| (1) potentially infectious medical waste being | 15 |
| transported by
generators who generated the waste by their | 16 |
| own activities, when the
potentially infectious medical | 17 |
| waste is transported within or between sites
or facilities | 18 |
| owned, controlled, or operated by that person;
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| (2) less than 50 pounds of potentially infectious | 20 |
| medical waste at
any one time for a noncommercial
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| transportation activity; or
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| (3) potentially infectious medical waste by the U.S. | 23 |
| Postal Service.
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| (i) Offer for transportation, transport, deliver, receive | 25 |
| or accept
potentially infectious medical waste for which a | 26 |
| manifest is required,
unless the manifest indicates that the | 27 |
| fee required under Section 56.4 of
this Act has been paid.
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| (j) Beginning January 1, 1994, conduct a potentially | 29 |
| infectious medical
waste treatment operation at an incinerator | 30 |
| in existence on the effective
date of this Title in violation | 31 |
| of emission standards established
for these incinerators under | 32 |
| Section 129 of the Clean Air Act (42 USC 7429),
as amended.
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| (B) In making its orders and determinations relative to
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| penalties, if any, to be imposed for violating subdivision | 35 |
| (A)(a) of
this Section, the Board, in addition to the
factors | 36 |
| in Sections 33(c) and 42(h) of this Act, or the Court shall |
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| take into
consideration whether the owner or operator of the | 2 |
| landfill reasonably relied
on written statements from the | 3 |
| person generating or treating the waste that
the waste is not | 4 |
| potentially infectious medical waste.
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| (Source: P.A. 92-574, eff. 6-26-02.)
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| (415 ILCS 5/56.7 new)
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| Sec. 56.7. No permit shall be required under subsection | 8 |
| (d)(1) of Section 21 or subsection (g) of Section 56.1 of this
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| Act for a sharps collection station if the station is operated | 10 |
| in accordance
with all of the following:
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| (1) The only waste accepted at the sharps collection | 12 |
| station is (i)
hypodermic, intravenous, or other medical | 13 |
| needles, (ii) hypodermic or
intravenous syringes; and | 14 |
| (iii) medical household waste containing used or
unused | 15 |
| sharps, including but not limited to, hypodermic, | 16 |
| intravenous, or other
medical needles, and hypodermic or | 17 |
| intravenous syringes.
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| (2) The waste is stored and transferred in the same | 19 |
| manner as required for
potentially infectious medical | 20 |
| waste under this Act and under Board
regulations.
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| (3) The waste is not treated at the sharps collection | 22 |
| station unless it is
treated in the same manner as required | 23 |
| for potentially infectious medical waste
under this Act and | 24 |
| under Board regulations.
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| (4) The waste is not disposed of at the sharps | 26 |
| collection station.
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| (5) The waste is transported in the same manner as | 28 |
| required for
potentially infectious medical waste under | 29 |
| this Act and under Board
regulations.
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| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law. |
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