Full Text of HB6071 096th General Assembly
HB6071 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6071
Introduced 2/11/2010, by Rep. Mike Boland SYNOPSIS AS INTRODUCED: |
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New Act |
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415 ILCS 5/3.227 new |
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415 ILCS 5/3.360 |
was 415 ILCS 5/3.84 |
415 ILCS 5/56.1 |
from Ch. 111 1/2, par. 1056.1 |
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Creates the Home-Generated Sharps Management Act. Prohibits, beginning September 1, 2011, any person from knowingly placing home-generated sharps waste in certain containers. Provides that, beginning September 1, 2011, home-generated sharps waste must be transported for disposal only in a sharps container, or other containers approved by the Department, and delivered for disposal only at certain locations. Provides that, upon being delivered to those locations, home-generated sharps waste shall be deemed potentially infectious medical waste and may be disposed of by the owners and operators of those facilities as is provided in Title XV of the Environmental Protection Act. Defines "Agency", "construction or demolition debris", "Department", "home-generated sharps consolidation point", "home-generated sharps waste", "household hazardous waste", "household hazardous waste collection facility", "landscape waste", "roll-off container", "sharps container", and "solid waste".
Amends the Environmental Protection Act to make corresponding changes.
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A BILL FOR
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HB6071 |
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LRB096 19446 JDS 34838 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 1. Short title. This Act may be cited as the | 5 |
| Home-Generated Sharps Management Act. | 6 |
| Section 5. Legislative findings. The General Assembly | 7 |
| finds and declares all of the following: | 8 |
| (1) The development of a safe, convenient, and | 9 |
| cost-effective infrastructure for the collection of | 10 |
| millions of home-generated sharps, and the public | 11 |
| education programs to promote safe disposal of these | 12 |
| sharps, will require a cooperative effort by the Illinois | 13 |
| Department of Public Health, the Illinois Environmental | 14 |
| Protection Agency, local governments, large employers, | 15 |
| dispensing pharmacies, manufacturers of sharps, and the | 16 |
| health care, solid waste, and pharmaceutical industries. | 17 |
| (2) Because mail-back programs utilizing containers | 18 |
| that have been approved by the United States Postal Service | 19 |
| offer one of the most convenient alternatives for the | 20 |
| collection and destruction of home-generated sharps, local | 21 |
| government and private sector stakeholders are encouraged | 22 |
| to implement mail-back programs and to promote their use. | 23 |
| (3) Local governments, the Illinois Environmental |
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| Protection Agency, the Illinois Department of Public | 2 |
| Health, solid waste service providers, and manufacturers | 3 |
| and dispensers of sharps are further encouraged to include | 4 |
| information on their websites, and in other public | 5 |
| materials, that identifies locations that accept | 6 |
| home-generated sharps and provide information about | 7 |
| available mail-back programs. | 8 |
| (4) It is the intent of the General Assembly that the | 9 |
| Illinois Environmental Protection Agency and the Illinois | 10 |
| Department of Public Health, to the extent resources are | 11 |
| available, continue to monitor the State's progress in | 12 |
| developing the infrastructure for the collection of | 13 |
| home-generated sharps and inform the appropriate policy | 14 |
| committees of any need for subsequent legislation to | 15 |
| achieve the purposes of this Act. | 16 |
| Section 10. Definitions. As used in this Act, unless the | 17 |
| context clearly indicates otherwise: | 18 |
| "Agency" means the Illinois Environmental Protection | 19 |
| Agency. | 20 |
| "Construction or demolition debris" has the same meaning as | 21 |
| under Section 3.160 of the Environmental Protection Act. | 22 |
| "Department" means the Illinois Department of Public | 23 |
| Health. | 24 |
| "Home-generated sharps consolidation point" means a | 25 |
| location or facility, including, for example, a sharps |
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| collection station, that has been approved by the Agency, | 2 |
| Department, or both as a point of consolidation for the | 3 |
| collection of home-generated sharps waste for transport and | 4 |
| treatment as potentially infectious medical waste. | 5 |
| "Home-generated sharps waste" means hypodermic needles, | 6 |
| pen needles, intravenous needles, lancets, and other devices | 7 |
| that are used to penetrate the skin for the delivery of | 8 |
| medications and that have been discarded from a household, | 9 |
| including a multifamily residence or household. | 10 |
| "Household hazardous waste" means any hazardous waste | 11 |
| generated incidental to owning or maintaining a place of | 12 |
| residence. "Household hazardous waste" does not include any | 13 |
| waste generated in the course of operating a business at a | 14 |
| residence. | 15 |
| "Household hazardous waste collection facility" means a | 16 |
| facility operated by the Agency, Department, or one of their | 17 |
| contractors, for the purpose of collecting, handling, | 18 |
| treating, storing, recycling, or disposing of household | 19 |
| hazardous waste.
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| "Landscape waste" has the same meaning as under Section | 21 |
| 3.270 of the Environmental Protection Act. | 22 |
| "Roll-off container" means a metal container with rails for | 23 |
| solid wastes or recyclable materials that is customarily moved | 24 |
| and emptied using heavy equipment, such as, but not limited to, | 25 |
| roll-off hoist equipped trucks. | 26 |
| "Sharps collection station" has the same meaning as under |
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| Section 3.458 of the Environmental Protection Act. | 2 |
| "Sharps container" means a rigid puncture-resistant | 3 |
| container, which, when sealed, is leak-resistant and cannot be | 4 |
| reopened without great difficulty. | 5 |
| "Solid waste" has the same meaning as under Section 3.470 | 6 |
| of the Environmental Protection Act. | 7 |
| Section 15. Prohibition on disposal of sharps. | 8 |
| Notwithstanding any other provision of law, beginning | 9 |
| September 1, 2011, no person shall knowingly place | 10 |
| home-generated sharps waste in any of the following containers: | 11 |
| (1) Any container used for the collection of solid | 12 |
| waste, recyclable materials, or landscape waste. | 13 |
| (2) Any container used for the commercial collection of | 14 |
| solid waste or recyclable materials from business | 15 |
| establishments. | 16 |
| (3) Any roll-off container used for the collection of | 17 |
| solid waste, construction or demolition debris, landscape | 18 |
| waste, or recyclable
materials.
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| Section 20. Transportation of sharps. Notwithstanding any | 20 |
| other provision of law, beginning September 1, 2011, | 21 |
| home-generated sharps waste shall be transported for disposal | 22 |
| only in a sharps container, or other container approved by the | 23 |
| Department, and shall only be delivered for disposal at the | 24 |
| following: |
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| (1) A household hazardous waste facility. | 2 |
| (2) A home-generated sharps consolidation point. | 3 |
| (3) A facility owned or operated by a potentially | 4 |
| infectious medical waste generator. | 5 |
| (4) A facility, approved by the Department, that receives, | 6 |
| through mail-back containers, home-generated sharps waste for | 7 |
| disposal. | 8 |
| Section 25. Disposal as potentially infectious medical | 9 |
| waste. Upon being received by a household hazardous waste | 10 |
| facility, a home-generated sharps consolidation point, a | 11 |
| facility that generates potentially infectious medical waste, | 12 |
| or a facility, approved by the Department, that receives, | 13 |
| through mail-back containers, home-generated sharps waste for | 14 |
| disposal, the home-generated sharps waste that is received | 15 |
| shall be deemed potentially infectious medical waste and may be | 16 |
| disposed of by the owners and operators of those facilities | 17 |
| only as is provided in Title XV of the Environmental Protection | 18 |
| Act. | 19 |
| Section 30. The Environmental Protection Act is amended by | 20 |
| adding Section 3.227 and by changing Sections 3.360 and 56.1 as | 21 |
| follows: | 22 |
| (415 ILCS 5/3.227 new) | 23 |
| Sec. 3.227. Home-generated sharps waste. "Home-generated |
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| sharps waste" means hypodermic needles, pen needles, | 2 |
| intravenous needles, lancets, and other devices that are used | 3 |
| to penetrate the skin for the delivery of medications and that | 4 |
| have been discarded from a household, including a multifamily | 5 |
| residence or household.
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| (415 ILCS 5/3.360) (was 415 ILCS 5/3.84)
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| Sec. 3.360. Potentially infectious medical waste.
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| (a) "Potentially infectious medical waste" means
the | 9 |
| following types of waste generated in connection with the | 10 |
| diagnosis,
treatment (i.e., provision of medical services), or | 11 |
| immunization of
human beings or animals; research pertaining to | 12 |
| the provision of medical
services; or the production or testing | 13 |
| of biologicals:
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| (1) Cultures and stocks.
This waste shall include but | 15 |
| not be limited to cultures and stocks of
agents infectious | 16 |
| to humans, and associated biologicals; cultures from
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| medical or pathological laboratories; cultures and stocks | 18 |
| of infectious
agents from research and industrial | 19 |
| laboratories; wastes from the
production of biologicals; | 20 |
| discarded live or attenuated vaccines; or
culture dishes | 21 |
| and devices used to transfer, inoculate, or mix cultures.
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| (2) Human pathological wastes. This waste shall | 23 |
| include tissue, organs,
and body parts (except teeth and | 24 |
| the contiguous
structures of bone and gum); body fluids | 25 |
| that are removed during surgery,
autopsy, or other medical |
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| procedures; or specimens of body fluids and their
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| containers.
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| (3) Human blood and blood products. This waste shall | 4 |
| include discarded
human blood, blood components (e.g., | 5 |
| serum and plasma), or saturated material
containing free | 6 |
| flowing blood or blood components.
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| (4) Used sharps. This waste shall include but not be | 8 |
| limited to
discarded sharps used in animal or human patient | 9 |
| care, medical
research, or clinical or pharmaceutical | 10 |
| laboratories; home-generated sharps waste; hypodermic,
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| intravenous, or other medical
needles; hypodermic or | 12 |
| intravenous syringes; Pasteur pipettes; scalpel
blades; or | 13 |
| blood vials. This waste shall also include but not be | 14 |
| limited
to other types of broken or unbroken glass | 15 |
| (including slides and cover
slips) in contact with | 16 |
| infectious agents.
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| (5) Animal waste. Animal waste means discarded | 18 |
| materials, including
carcasses, body parts, body fluids, | 19 |
| blood, or bedding originating from animals
inoculated | 20 |
| during research, production of biologicals, or | 21 |
| pharmaceutical
testing with agents infectious to humans.
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| (6) Isolation waste. This waste shall include | 23 |
| discarded materials
contaminated with blood, excretions, | 24 |
| exudates, and secretions from humans
that are isolated to | 25 |
| protect others from highly communicable diseases.
"Highly | 26 |
| communicable diseases" means those diseases identified by |
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| the Board
in rules adopted under subsection (e) of Section | 2 |
| 56.2 of this Act.
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| (7) Unused sharps. This waste shall include but not be | 4 |
| limited to the
following unused, discarded sharps: | 5 |
| hypodermic, intravenous, or
other needles; hypodermic or | 6 |
| intravenous syringes; or scalpel blades.
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| (b) Potentially infectious medical waste does not include:
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| (1) waste generated as general household waste;
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| (2) waste (except for sharps) for which the infectious | 10 |
| potential has
been eliminated by treatment; or
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| (3) sharps that meet both of the following conditions:
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| (A) the infectious potential has been eliminated | 13 |
| from the sharps by
treatment; and
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| (B) the sharps are rendered unrecognizable by | 15 |
| treatment.
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| (Source: P.A. 92-574, eff. 6-26-02.)
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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 | 21 |
| infectious medical
waste. Sharps other than home-generated | 22 |
| sharps waste may be disposed in any landfill permitted by the | 23 |
| Agency under
Section 21 of this Act to accept municipal waste | 24 |
| for disposal, if both:
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| (1) the infectious potential has been eliminated from |
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| the sharps by
treatment; and
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| (2) the sharps are packaged in accordance with Board | 3 |
| regulations.
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| (b) Cause or allow the delivery of any potentially | 5 |
| infectious medical
waste for transport, storage, treatment, or | 6 |
| transfer except in accordance
with Board regulations.
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| (c) Beginning July 1, 1992, cause or allow the delivery of | 8 |
| any
potentially infectious medical waste to a person or | 9 |
| facility for storage,
treatment, or transfer that does not have | 10 |
| a permit issued by the agency to
receive potentially infectious | 11 |
| medical waste, unless no permit is required
under subsection | 12 |
| (g)(1).
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| (d) Beginning July 1, 1992, cause or allow the delivery or | 14 |
| transfer of
any potentially infectious medical waste for | 15 |
| transport unless:
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| (1) the transporter has a permit issued by the Agency | 17 |
| to transport
potentially infectious medical waste, or the | 18 |
| transporter is exempt from the
permit requirement set forth | 19 |
| in subsection (f)(l).
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| (2) a potentially infectious medical waste manifest is | 21 |
| completed for
the waste if a manifest is required under | 22 |
| subsection (h).
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| (e) Cause or allow the acceptance of any potentially | 24 |
| infectious medical
waste for purposes of transport, storage, | 25 |
| treatment, or transfer except in
accordance with Board | 26 |
| regulations.
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| (f) Beginning July 1, 1992, conduct any potentially | 2 |
| infectious medical
waste transportation operation:
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| (1) Without a permit issued by the Agency to transport | 4 |
| potentially
infectious medical waste. No permit is | 5 |
| required under this provision (f)(1)
for:
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| (A) a person transporting potentially infectious | 7 |
| medical waste
generated solely by that person's | 8 |
| activities;
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| (B) noncommercial transportation of less than 50 | 10 |
| pounds of potentially
infectious medical waste at any | 11 |
| 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 | 14 |
| by the Agency
under this Act.
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| (3) In violation of any regulation adopted by the | 16 |
| Board.
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| (4) In violation of any order adopted by the Board | 18 |
| under this Act.
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| (g) Beginning July 1, 1992, conduct any potentially | 20 |
| infectious medical
waste treatment, storage, or transfer | 21 |
| operation:
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| (1) without a permit issued by the Agency that | 23 |
| specifically
authorizes the treatment, storage, or transfer of | 24 |
| potentially infectious
medical waste. No permit is required | 25 |
| under this subsection (g) or subsection (d)(1) of Section 21 | 26 |
| for any:
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| (A) Person conducting a potentially infectious | 2 |
| medical waste
treatment, storage, or transfer | 3 |
| operation for potentially infectious
medical waste | 4 |
| generated by the person's own activities that are | 5 |
| treated,
stored, or transferred within the site where | 6 |
| the potentially infectious
medical waste is generated.
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| (B) Hospital that treats, stores, or transfers | 8 |
| only potentially
infectious medical waste generated by | 9 |
| its own activities or by members of its
medical staff.
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| (C) Sharps collection station that is operated in | 11 |
| accordance with
Section 56.7.
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| (2) in violation of any condition of any permit issued | 13 |
| by the Agency
under this Act.
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| (3) in violation of any regulation adopted by the | 15 |
| Board.
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| (4) In violation of any order adopted by the Board | 17 |
| under this Act.
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| (h) Transport potentially infectious medical waste unless | 19 |
| the
transporter carries a completed potentially infectious | 20 |
| medical waste
manifest. No manifest is required for the | 21 |
| transportation of:
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| (1) potentially infectious medical waste being | 23 |
| transported by
generators who generated the waste by their | 24 |
| own activities, when the
potentially infectious medical | 25 |
| waste is transported within or between sites
or facilities | 26 |
| owned, controlled, or operated by that person;
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| (2) less than 50 pounds of potentially infectious | 2 |
| 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. | 5 |
| Postal Service.
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| (i) Offer for transportation, transport, deliver, receive | 7 |
| or accept
potentially infectious medical waste for which a | 8 |
| manifest is required,
unless the manifest indicates that the | 9 |
| fee required under Section 56.4 of
this Act has been paid.
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| (j) Beginning January 1, 1994, conduct a potentially | 11 |
| infectious medical
waste treatment operation at an incinerator | 12 |
| in existence on the effective
date of this Title in violation | 13 |
| of emission standards established
for these incinerators under | 14 |
| 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 | 17 |
| (A)(a) of
this Section, the Board, in addition to the
factors | 18 |
| in Sections 33(c) and 42(h) of this Act, or the Court shall | 19 |
| take into
consideration whether the owner or operator of the | 20 |
| landfill reasonably relied
on written statements from the | 21 |
| person generating or treating the waste that
the waste is not | 22 |
| potentially infectious medical waste.
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| (Source: P.A. 94-641, eff. 8-22-05.)
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