Full Text of HB6070 096th General Assembly
HB6070 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6070
Introduced 2/11/2010, by Rep. Mike Boland SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/56.1 |
from Ch. 111 1/2, par. 1056.1 |
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Amends the Environmental Protection Act. Provides that, beginning October 1, 2011, hypodermic needles, intravenous needles, and other medical needles may not be disposed of in a landfill, unless they are rendered unrecognizable by treatment. Also makes technical changes.
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A BILL FOR
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HB6070 |
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LRB096 19455 JDS 34847 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 56.1 as follows: | 6 |
| (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 | 10 |
| infectious medical
waste. Sharps may be disposed in any | 11 |
| landfill permitted by the Agency under
Section 21 of this Act | 12 |
| to accept municipal waste for disposal, if the infectious | 13 |
| potential has been eliminated from the sharps by
treatment and
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| the sharps are packaged in accordance with Board regulations; | 15 |
| however, beginning October 1, 2011, no hypodermic needles, | 16 |
| intravenous needles, or other medical needles may be disposed | 17 |
| of in such a landfill, unless they have been rendered | 18 |
| unrecognizable by treatment. both :
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| (1) the infectious potential has been eliminated from | 20 |
| the sharps by
treatment; and
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| (2) the sharps are packaged in accordance with Board | 22 |
| regulations.
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| (b) Cause or allow the delivery of any potentially |
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HB6070 |
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LRB096 19455 JDS 34847 b |
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| infectious medical
waste for transport, storage, treatment, or | 2 |
| transfer except in accordance
with Board regulations.
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| (c) Beginning July 1, 1992, cause or allow the delivery of | 4 |
| any
potentially infectious medical waste to a person or | 5 |
| facility for storage,
treatment, or transfer that does not have | 6 |
| a permit issued by the agency to
receive potentially infectious | 7 |
| medical waste, unless no permit is required
under subsection | 8 |
| (g)(1).
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| (d) Beginning July 1, 1992, cause or allow the delivery or | 10 |
| transfer of
any potentially infectious medical waste for | 11 |
| transport unless:
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| (1) the transporter has a permit issued by the Agency | 13 |
| to transport
potentially infectious medical waste, or the | 14 |
| transporter is exempt from the
permit requirement set forth | 15 |
| in subsection (f)(l).
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| (2) a potentially infectious medical waste manifest is | 17 |
| completed for
the waste if a manifest is required under | 18 |
| subsection (h).
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| (e) Cause or allow the acceptance of any potentially | 20 |
| infectious medical
waste for purposes of transport, storage, | 21 |
| treatment, or transfer except in
accordance with Board | 22 |
| regulations.
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| (f) Beginning July 1, 1992, conduct any potentially | 24 |
| infectious medical
waste transportation operation:
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| (1) Without a permit issued by the Agency to transport | 26 |
| potentially
infectious medical waste. No permit is |
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HB6070 |
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LRB096 19455 JDS 34847 b |
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| required under this provision (f)(1)
for:
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| (A) a person transporting potentially infectious | 3 |
| medical waste
generated solely by that person's | 4 |
| activities;
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| (B) noncommercial transportation of less than 50 | 6 |
| pounds of potentially
infectious medical waste at any | 7 |
| 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 | 10 |
| by the Agency
under this Act.
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| (3) In violation of any regulation adopted by the | 12 |
| Board.
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| (4) In violation of any order adopted by the Board | 14 |
| under this Act.
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| (g) Beginning July 1, 1992, conduct any potentially | 16 |
| infectious medical
waste treatment, storage, or transfer | 17 |
| operation:
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| (1) without a permit issued by the Agency that | 19 |
| specifically
authorizes the treatment, storage, or transfer of | 20 |
| potentially infectious
medical waste. No permit is required | 21 |
| under this subsection (g) or subsection (d)(1) of Section 21 | 22 |
| for any:
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| (A) Person conducting a potentially infectious | 24 |
| medical waste
treatment, storage, or transfer | 25 |
| operation for potentially infectious
medical waste | 26 |
| generated by the person's own activities that are |
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| treated,
stored, or transferred within the site where | 2 |
| the potentially infectious
medical waste is generated.
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| (B) Hospital that treats, stores, or transfers | 4 |
| only potentially
infectious medical waste generated by | 5 |
| its own activities or by members of its
medical staff.
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| (C) Sharps collection station that is operated in | 7 |
| accordance with
Section 56.7.
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| (2) in violation of any condition of any permit issued | 9 |
| by the Agency
under this Act.
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| (3) in violation of any regulation adopted by the | 11 |
| Board.
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| (4) In violation of any order adopted by the Board | 13 |
| under this Act.
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| (h) Transport potentially infectious medical waste unless | 15 |
| the
transporter carries a completed potentially infectious | 16 |
| medical waste
manifest. No manifest is required for the | 17 |
| transportation of:
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| (1) potentially infectious medical waste being | 19 |
| transported by
generators who generated the waste by their | 20 |
| own activities, when the
potentially infectious medical | 21 |
| waste is transported within or between sites
or facilities | 22 |
| owned, controlled, or operated by that person;
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| (2) less than 50 pounds of potentially infectious | 24 |
| 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. |
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LRB096 19455 JDS 34847 b |
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| Postal Service.
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| (i) Offer for transportation, transport, deliver, receive | 3 |
| or accept
potentially infectious medical waste for which a | 4 |
| manifest is required,
unless the manifest indicates that the | 5 |
| fee required under Section 56.4 of
this Act has been paid.
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| (j) Beginning January 1, 1994, conduct a potentially | 7 |
| infectious medical
waste treatment operation at an incinerator | 8 |
| in existence on the effective
date of this Title in violation | 9 |
| of emission standards established
for these incinerators under | 10 |
| 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 | 13 |
| (A)(a) of
this Section, the Board, in addition to the
factors | 14 |
| in Sections 33(c) and 42(h) of this Act, or the Court shall | 15 |
| take into
consideration whether the owner or operator of the | 16 |
| landfill reasonably relied
on written statements from the | 17 |
| person generating or treating the waste that
the waste is not | 18 |
| potentially infectious medical waste.
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| (Source: P.A. 94-641, eff. 8-22-05.)
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