Full Text of HB4249 96th General Assembly
HB4249ham003 96TH GENERAL ASSEMBLY
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Rep. Sandra M. Pihos
Filed: 3/27/2009
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| AMENDMENT TO HOUSE BILL 4249
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| AMENDMENT NO. ______. Amend House Bill 4249 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Environmental Protection Act is amended by | 5 |
| adding Section 22.55 as follows: | 6 |
| (415 ILCS 5/22.55 new) | 7 |
| Sec. 22.55. Household Waste Drop-off Points. | 8 |
| (a) Findings; Purpose and Intent. | 9 |
| (1) The General Assembly finds that protection of human | 10 |
| health and the environment can be enhanced if certain | 11 |
| commonly generated household wastes are managed separately | 12 |
| from the general household waste stream. | 13 |
| (2) The purpose of this Section is to provide, to the | 14 |
| extent allowed under federal law, a method for managing | 15 |
| certain types of household waste separately from the | 16 |
| general household waste stream. |
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| (b) Definitions. For the purposes of this Section: | 2 |
| "Controlled substance" means a controlled substance as | 3 |
| defined in the Illinois Controlled Substances Act. | 4 |
| "Household waste" means waste generated from a single | 5 |
| residence or multiple residences. | 6 |
| "Household waste drop-off point" means the portion of a | 7 |
| site or facility used solely for the receipt and temporary | 8 |
| storage of household waste. | 9 |
| "One-day household waste collection event" means a | 10 |
| household waste drop-off point approved by the Agency under | 11 |
| subsection (d) of this Section. | 12 |
| "Personal care product" means an item other than a | 13 |
| pharmaceutical product that is consumed or applied by an | 14 |
| individual for personal health, hygiene, or cosmetic | 15 |
| reasons. Personal care products include, but are not | 16 |
| limited to, items used in bathing, dressing, or grooming. | 17 |
| "Pharmaceutical product" means medicine or a product | 18 |
| containing medicine. A pharmaceutical product may be sold | 19 |
| by prescription or over the counter. "Pharmaceutical | 20 |
| product" does not include medicine that contains a | 21 |
| radioactive component or a product that contains a | 22 |
| radioactive component. | 23 |
| (c) Except as otherwise provided in Agency rules, the | 24 |
| following requirements apply to each household waste drop-off | 25 |
| point other than a one-day household waste collection event: | 26 |
| (1) A household waste drop-off point must not accept |
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| waste other than the following types of household waste: | 2 |
| pharmaceutical products, personal care products, batteries | 3 |
| other than lead-acid batteries, paints, automotive fluids, | 4 |
| compact fluorescent lightbulbs, mercury thermometers, and | 5 |
| mercury thermostats. | 6 |
| (2) Except as provided in subdivision (c)(2) of this | 7 |
| Section, household waste drop-off points must be located at | 8 |
| a site or facility where the types of products accepted at | 9 |
| the household waste drop-off point are lawfully sold, | 10 |
| distributed, or dispensed. For example, household waste | 11 |
| drop-off points that accept prescription pharmaceutical | 12 |
| products must be located at a site or facility where | 13 |
| prescription pharmaceutical products are sold, | 14 |
| distributed, or dispensed. | 15 |
| (A) Subdivision (c)(2) of this Section does not | 16 |
| apply to household waste drop-off points operated by a | 17 |
| government or school entity, or by an association or | 18 |
| other organization of government or school entities. | 19 |
| (B) Household waste drop-off points that accept | 20 |
| mercury thermometers can be located at any site or | 21 |
| facility where non-mercury thermometers are sold, | 22 |
| distributed, or dispensed. | 23 |
| (C) Household waste drop-off points that accept | 24 |
| mercury thermostats can be located at any site or | 25 |
| facility where non-mercury thermostats are sold, | 26 |
| distributed, or dispensed. |
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| (3) The location of acceptance for each type of waste | 2 |
| accepted at the household waste drop-off point must be | 3 |
| clearly identified. Locations where pharmaceutical | 4 |
| products are accepted must also include a copy of the sign | 5 |
| required under subsection (j) of this Section. | 6 |
| (4) Household waste must be accepted only from private | 7 |
| individuals. Waste must not be accepted from other persons, | 8 |
| including, but not limited to, owners and operators of | 9 |
| rented or leased residences where the household waste was | 10 |
| generated, commercial haulers, and other commercial, | 11 |
| industrial, agricultural, and government operations or | 12 |
| entities. | 13 |
| (5) If more than one type of household waste is | 14 |
| accepted, each type of household waste must be managed | 15 |
| separately prior to its packaging for off-site transfer. | 16 |
| (6) Household waste must not be stored for longer than | 17 |
| 90 days after its receipt, except as otherwise approved by | 18 |
| the Agency in writing. | 19 |
| (7) Household waste must be managed in a manner that | 20 |
| protects against releases of the waste, prevents | 21 |
| nuisances, and otherwise protects human health and the | 22 |
| environment. Household waste must also be properly secured | 23 |
| to prevent unauthorized public access to the waste, | 24 |
| including, but not limited to, preventing access to the | 25 |
| waste during the non-business hours of the site or facility | 26 |
| on which the household waste drop-off point is located. |
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| Containers in which pharmaceutical products are collected | 2 |
| must be clearly marked "No Controlled Substances". | 3 |
| (8) Management of the household waste must be limited | 4 |
| to the following: (i) acceptance of the waste, (ii) | 5 |
| temporary storage of the waste prior to transfer, and (iii) | 6 |
| off-site transfer of the waste and packaging for off-site | 7 |
| transfer. | 8 |
| (9) Off-site transfer of the household waste must | 9 |
| comply with federal and State laws and regulations. | 10 |
| (d) One-day household waste collection events. To further | 11 |
| aid in the collection of certain household wastes, the Agency | 12 |
| may approve the operation of one-day household waste collection | 13 |
| events. The Agency shall not approve a one-day household waste | 14 |
| collection event at the same site or facility for more than one | 15 |
| day each calendar quarter. Requests for approval must be | 16 |
| submitted on forms prescribed by the Agency. The Agency must | 17 |
| issue its approval in writing, and it may impose conditions as | 18 |
| necessary to protect human health and the environment and to | 19 |
| otherwise accomplish the purposes of this Act. One-day | 20 |
| household waste collection events must be operated in | 21 |
| accordance with the Agency's approval, including all | 22 |
| conditions contained in the approval. The following | 23 |
| requirements apply to all one-day household waste collection | 24 |
| events, in addition to the conditions contained in the Agency's | 25 |
| approval: | 26 |
| (1) Waste accepted at the event must be limited to |
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| household waste and must not include garbage, landscape | 2 |
| waste, controlled substances, or other waste excluded by | 3 |
| the Agency in the Agency's approval or any conditions | 4 |
| contained in the approval. | 5 |
| (2) Household waste must be accepted only from private | 6 |
| individuals. Waste must not be accepted from other persons, | 7 |
| including, but not limited to, owners and operators of | 8 |
| rented or leased residences where the household waste was | 9 |
| generated, commercial haulers, and other commercial, | 10 |
| industrial, agricultural, and government operations or | 11 |
| entities. | 12 |
| (3) Household waste must be managed in a manner that | 13 |
| protects against releases of the waste, prevents | 14 |
| nuisances, and otherwise protects human health and the | 15 |
| environment. Household waste must also be properly secured | 16 |
| to prevent public access to the waste, including, but not | 17 |
| limited to, preventing access to the waste during the | 18 |
| event's non-business hours. | 19 |
| (4) Management of the household waste must be limited | 20 |
| to the following: (i) acceptance of the waste, (ii) | 21 |
| temporary storage of the waste before transfer, and (iii) | 22 |
| off-site transfer of the waste or packaging for off-site | 23 |
| transfer. | 24 |
| (5) Except as otherwise approved by the Agency, all | 25 |
| household waste received at the collection event must be | 26 |
| transferred off-site by the end of the day following the |
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| collection event. | 2 |
| (6) The transfer and ultimate disposition of household | 3 |
| waste received at the collection event must comply with the | 4 |
| Agency's approval, including all conditions contained in | 5 |
| the approval. | 6 |
| (e) The Agency may adopt rules governing the operation of | 7 |
| household waste drop-off points other than one-day household | 8 |
| waste collection events. Those rules must be designed to | 9 |
| protect against releases of waste to the environment, prevent | 10 |
| nuisances, and otherwise protect human health and the | 11 |
| environment. As necessary to address different circumstances, | 12 |
| the regulations may contain different requirements for | 13 |
| different types of household waste and different types of | 14 |
| household waste drop-off points, and the regulations may modify | 15 |
| the requirements set forth in subsection (c) of this Section. | 16 |
| The regulations may include, but are not limited to, the | 17 |
| following: (i) identification of additional types of household | 18 |
| waste that can be collected at household waste drop-off points, | 19 |
| (ii) identification of the different types of household wastes | 20 |
| that can be received at different household waste drop-off | 21 |
| points, (iii) the maximum amounts of each type of household | 22 |
| waste that can be stored at household waste drop-off points at | 23 |
| any one time, and (iv) the maximum time periods each type of | 24 |
| household waste can be stored at household waste drop-off | 25 |
| points. | 26 |
| (f) Prohibitions. |
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| (1) Except as authorized in a permit issued by the | 2 |
| Agency, no person shall cause or allow the operation of a | 3 |
| household waste drop-off point other than a one-day | 4 |
| household waste collection event in violation of this | 5 |
| Section or any regulations adopted under this Section. | 6 |
| (2) No person shall cause or allow the operation of a | 7 |
| one-day household waste collection event in violation of | 8 |
| this Section or the Agency's approval issued under | 9 |
| subsection (d) of this Section, including all conditions | 10 |
| contained in the approval. | 11 |
| (g) Permit exemptions. | 12 |
| (1) No permit is required under subdivision (d)(1) of | 13 |
| Section 21 of this Act for the operation of a household | 14 |
| waste drop-off point other than a one-day household waste | 15 |
| collection event if the household waste drop-off point is | 16 |
| operated in accordance with this Section and all | 17 |
| regulations adopted under this Section. | 18 |
| (2) No permit is required under subdivision (d)(1) of | 19 |
| Section 21 of this Act for the operation of a one-day | 20 |
| household waste collection event if the event is operated | 21 |
| in accordance with this Section and the Agency's approval | 22 |
| issued under subsection (d) of this Section, including all | 23 |
| conditions contained in the approval, or for the operation | 24 |
| of a household waste collection event by the Agency. | 25 |
| (h) This Section does not apply to the following: | 26 |
| (1) Persons accepting household waste that they are |
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| authorized to accept under a permit issued by the Agency. | 2 |
| (2) Sites or facilities operated pursuant to an | 3 |
| intergovernmental agreement entered into with the Agency | 4 |
| under Section 22.16b(d) of this Act. | 5 |
| (i) The Agency, in consultation with the Department of | 6 |
| Public Health, must develop and implement a public information | 7 |
| program regarding household waste drop-off points that accept | 8 |
| pharmaceutical products. | 9 |
| (j) The Agency must develop a sign that provides | 10 |
| information on the proper disposal of unused pharmaceutical | 11 |
| products. The Agency shall make a copy of the sign available | 12 |
| for downloading from its website. | 13 |
| (k) If an entity chooses to participate as a household | 14 |
| waste drop-off point, then it must follow the provisions of | 15 |
| this Section and any rules the Agency may adopt governing | 16 |
| household waste drop-off points.
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.".
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