State of Illinois
90th General Assembly
Legislation

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90_HB2164

      415 ILCS 5/22.23a
          Amends the Environmental Protection Act to provide  that,
      until  the  Pollution  Control Board adopts rules designating
      flourescent and high intensity discharge lamps  as  universal
      waste,  used  flourescent  and high intensity discharge lamps
      may  be  managed  under  alternative,  specified  conditions.
      Requires the Illinois Environmental Protection Agency to seek
      authorization from the United States Environmental Protection
      Agency to implement the provisions  of  the  Universal  Waste
      Rule. Effective immediately.
                                                    LRB9003592DPmgB
                                              LRB9003592DPmgB
 1        AN  ACT  to  amend  the  Environmental  Protection Act by
 2    changing Section 22.23a.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The Environmental Protection Act is amended
 6    by changing Section 22.23a as follows:
 7        (415 ILCS 5/22.23a)
 8        Sec. 22.23a.  Fluorescent and  high  intensity  discharge
 9    lamps.
10        (a)  As  used  in  this  Section,  "fluorescent  or  high
11    intensity  discharge  lamp"  means  a  lighting  device  that
12    contains mercury and generates light through the discharge of
13    electricity   either   directly   or   indirectly  through  a
14    fluorescent coating, including a mercury vapor, high pressure
15    sodium, or metal halide lamp  containing  mercury,  lead,  or
16    cadmium.
17        (b)  No  person may knowingly cause or allow the disposal
18    of any fluorescent or high intensity discharge  lamp  in  any
19    municipal  waste  incinerator  beginning  July  1, 1997. This
20    Section does not apply to lamps generated by households.
21        (c) (1)  By December 31, 1997,  the  Agency  Board  shall
22        seek  authorization  from the United States Environmental
23        Protection Agency to  implement  all  provisions  of  the
24        Universal  Waste Rule (UWR) include hazardous fluorescent
25        and high intensity  discharge  lamps  as  a  category  of
26        universal  waste  subject  to  the  streamlined hazardous
27        waste regulations set forth in Title 35 of  the  Illinois
28        Administrative Code, Subtitle G, Chapter I, Subchapter c,
29        Part  733.  If the United States Environmental Protection
30        Agency authorizes the addition of  hazardous  fluorescent
31        and  high  intensity  discharge  lamps  as  a category of
                            -2-               LRB9003592DPmgB
 1        universal waste, within 180 days of  that  authorization,
 2        the  Agency  shall  propose and the Board shall amend its
 3        rules  to  designate  hazardous  fluorescent   and   high
 4        intensity  discharge  lamps as universal waste subject to
 5        the streamlined hazardous waste regulations set forth  in
 6        Title 35 of the Illinois Administrative Code, Subtitle G,
 7        Chapter I, Subchapter c, Part 733.
 8             (2)  If  the  United States Environmental Protection
 9        Agency adopts  streamlined  hazardous  waste  regulations
10        pertaining  to  the  management  of  fluorescent and high
11        intensity  discharge  lamps   before   authorization   is
12        provided  under  subsection  (c)(1), as an alternative to
13        adopting a rule as provided for under subsection  (c)(1),
14        the  Board  shall  adopt an equivalent rule in accordance
15        with Section 7.2 of this Act within 180 days of  adoption
16        of the federal regulation.
17        (d)  Until  the Board adopts rules pursuant to subsection
18    (c), fluorescent and high intensity discharge lamps shall  be
19    managed  in  accordance with existing laws and regulations or
20    under the following conditions:
21             (1)  after being removed from service, the generator
22        stores the lamps in a  safe  manner  that  minimizes  the
23        chance of breakage;
24             (2)  no  lamps  are stored longer than 6 months from
25        the time they are removed from service;
26             (3)  the generator delivers the lamps to a  licensed
27        hauler that will deliver the lamps to a recycler; and
28             (4)  the lamps are transported in a safe manner that
29        minimizes the chance of breakage.
30        (e)  The  Agency  shall study the problem associated with
31    used fluorescent and high intensity discharge lamps that  are
32    processed  or  disposed  of as part of mixed solid waste, and
33    shall identify possible collection and recycling systems  for
34    used  fluorescent  and  high  intensity discharge lamps.  The
                            -3-               LRB9003592DPmgB
 1    Agency shall report its findings to the General Assembly  and
 2    the Governor by January 1, 1998.
 3    (Source: P.A. 89-619, eff. 1-1-97.)
 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.

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