Public Act 102-1055
 
HB1780 EnrolledLRB102 13555 CPF 18902 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Drug
Take-Back Act.
 
    Section 5. Findings. The General Assembly finds that:
        (1) A safe system for the collection and disposal of
    unused, unwanted, and expired medicines is a key element
    of a comprehensive strategy to prevent prescription drug
    abuse and pharmaceutical pollution. Home medicine cabinets
    are full of unused and expired prescription drugs, only a
    fraction of which get disposed of properly.
        (2) Storing unused, unwanted, or expired medicines can
    lead to accidental poisoning, drug abuse, and even drug
    trafficking, but disposing of medicines by flushing them
    down the toilet or placing them in the garbage can
    contaminate groundwater and other bodies of water,
    contributing to long-term harm to the environment and
    animal life.
        (3) Manufacturers of these drugs hold the ultimate
    responsibility for the lasting impacts of the drugs they
    produce.
        (4) The General Assembly therefore finds that it is in
    the interest of public health and environmental protection
    to establish a single, uniform, statewide system of
    regulation for safe and secure collection and disposal of
    medicines through a uniform drug "take-back" program
    operated and funded by drug manufacturers.
 
    Section 10. Definitions. In this Act:
    "Agency" means the Environmental Protection Agency.
    "Authorized collector" means any of the following who
collect covered drugs through participation in a drug
take-back program:
        (1) a person who is registered with the United States
    Drug Enforcement Administration to collect controlled
    substances for the purpose of destruction;
        (2) a law enforcement agency;
        (3) a unit of local government working in conjunction
    with a law enforcement agency; or
        (4) a household waste drop-off point or one-day
    household waste collection event, as those terms are
    defined in Section 22.55 of the Environmental Protection
    Act.
    "Collection site" means the location where an authorized
collector collects covered drugs as part of a drug take-back
program under this Act.
    "Consumer" means a person who possesses a covered drug for
personal use or for the use of a member of the person's
household.
    "Covered drug" means a drug, legend drug, nonlegend drug,
brand name drug, or generic drug. "Covered drug" does not
include:
        (1) a dietary supplement as defined by 21 U.S.C. 321
    (ff);
        (2) drugs that are defined as Schedule I controlled
    substances under the Illinois Controlled Substances Act or
    the federal Controlled Substances Act;
        (3) personal care products, including, but not limited
    to, cosmetics, shampoos, sunscreens, lip balms,
    toothpastes, and antiperspirants, that are regulated as
    both cosmetics and nonprescription drugs under the federal
    Food, Drug, and Cosmetic Act, 21 U.S.C. 301;
        (4) drugs for which manufacturers provide a
    pharmaceutical product stewardship or drug take-back
    program as part of a federal managed risk evaluation and
    mitigation strategy under 21 U.S.C. 355-1;
        (5) biological products, as defined by 42 U.S.C.
    262(i)(l);
        (6) drugs that are administered in a clinical setting;
        (7) emptied injector products or emptied medical
    devices and their component parts or accessories;
        (8) needles or sharps;
        (9) pet pesticide products contained in pet collars,
    powders, shampoos, topical applications, or other forms;
        (10) dialysate drugs or other saline solutions
    required to perform kidney dialysis;
        (11) drugs sold at retail as a unit dose package; or
        (12) homeopathic drugs.
    "Covered manufacturer" means a manufacturer of a covered
drug that is sold or offered for sale in Illinois.
    "Drug" has the same meaning as defined in Section 2.4 of
the Illinois Food, Drug and Cosmetic Act.
    "Drug take-back program" means a program implemented under
this Act by a manufacturer program operator for the
collection, transportation, and disposal of covered drugs.
    "Generic drug" means a drug determined to be
therapeutically equivalent to a brand name drug by the United
States Food and Drug Administration and that is available for
substitution in Illinois in accordance with the Illinois Food,
Drug and Cosmetic Act and the Pharmacy Practice Act.
    "Legend drug" has the same meaning as defined in Section
3.23 of the Illinois Food, Drug and Cosmetic Act.
    "Manufacturer program operator" means a covered
manufacturer, a group of covered manufacturers, or an entity
acting on behalf of a covered manufacturer or group of covered
manufacturers, that implements a drug take-back program.
    "Medical practitioner" has the same meaning as defined in
Section 3.23 of the Illinois Food, Drug and Cosmetic Act.
    "Nonlegend drug" means a drug that does not require
dispensing by prescription and which is not restricted to use
by practitioners only.
    "Person" means any individual, partnership,
co-partnership, firm, company, limited liability company,
corporation, association, joint stock company, trust, estate,
political subdivision, State agency, or any other legal
entity, or their legal representative, agent, or assign.
    "Pharmacy" has the meaning provided in Section 3 of the
Pharmacy Practice Act. A "pharmacy" is not a covered
manufacturer.
    "Potential authorized collector" means a person who is
eligible to be an authorized collector by participating in a
drug take-back program.
    "Prescription drug" has the same meaning as defined in
Section 2.37 of the Illinois Food, Drug and Cosmetic Act.
    "Private label distributor" has the same meaning as
defined in 21 CFR 207.1. A private label distributor is not a
covered manufacturer.
    "Program year" means a calendar year, except that the
first program year is from January 1, 2024 through December
31, 2024.
    "Proprietary information" means information that is:
        (1) submitted under this Act;
        (2) a trade secret or commercial or financial
    information that is privileged or confidential and is
    identified as such by the person providing the
    information; and
        (3) not required to be disclosed under any other law,
    rule, or regulation affecting a covered drug, covered
    manufacturer, or pharmacy.
    "Repackager" means a repacker as that term is defined in
21 CFR 207.1. A repackager is not a covered manufacturer.
 
    Section 15. Participation in a drug take-back program.
Each covered manufacturer must, beginning January 1, 2024 or 6
months after becoming a covered manufacturer, whichever is
later, individually or collectively implement an approved drug
take-back program that complies with the requirements of this
Act. A covered manufacturer must establish, fund, and
implement a drug take-back program independently or as part of
a group of covered manufacturers.
 
    Section 20. Identification of covered manufacturers.
    (a) No later than April 1, 2023, each pharmacy, private
label distributor, and repackager that sells or offers for
sale in Illinois, under its own label, a covered drug must
provide written notification to the Agency identifying the
covered manufacturer from which the covered drug is obtained.
    (b) All covered manufacturers of covered drugs sold or
offered for sale in Illinois must register with the Agency and
pay to the Agency the annual registration fee as set forth
under Section 60.
 
    Section 25. Drug take-back program requirements.
    (a) At least 120 days prior to submitting a proposal under
Section 35, a manufacturer program operator must notify
potential authorized collectors of the opportunity to serve as
an authorized collector for the proposed drug take-back
program. No later than 30 days after a potential authorized
collector expresses interest in participating in a proposed
program, the manufacturer program operator must commence good
faith negotiations with the potential authorized collector
regarding the collector's participation in the program.
    (b) A person may serve as an authorized collector for a
drug take-back program voluntarily or in exchange for
compensation. Nothing in this Act requires any person to serve
as an authorized collector for a drug take-back program.
    (c) A pharmacy shall not be required to participate in a
drug take-back program.
    (d) A drug take-back program must include as a collector
any person who (i) is a potential authorized collector and
(ii) offers to participate in the program. The manufacturer
program operator must include the person in the program as an
authorized collector no later than 90 days after receiving a
written offer to participate.
    (e) A drug take-back program must pay for all
administrative and operational costs of the drug take-back
program, as outlined in subsection (a) of Section 55.
    (f) An authorized collector operating a drug take-back
program collection site must accept all covered drugs from
consumers during the hours that the location used as a
collection site is normally open for business to the public.
    (g) A drug take-back program collection site must collect
covered drugs and store them in compliance with State and
federal law, including United States Drug Enforcement
Administration regulations. The manufacturer program operator
must provide for transportation and disposal of collected
covered drugs in a manner that ensures each collection site is
serviced as often as necessary to avoid reaching capacity and
that collected covered drugs are transported to final disposal
in a manner compliant with State and federal law, including a
process for additional prompt collection service upon
notification from the collection site. Covered drugs shall be
disposed of at:
        (1) a permitted hazardous waste facility that meets
    the requirements under 40 CFR 264 and 40 CFR 265;
        (2) a permitted municipal waste incinerator that meets
    the requirements under 40 CFR 50 and 40 CFR 62; or
        (3) a permitted hospital, medical, and infectious
    waste incinerator that meets the requirements under
    subpart HHH of 40 CFR part 62, an applicable State plan for
    existing hospital, medical, and infectious waste
    incinerators, or subpart Ec of 40 CFR part 60 for new
    hospital, medical, and infectious waste incinerators.
    (h) Authorized collectors must comply with all State and
federal laws and regulations governing the collection,
storage, and disposal of covered drugs, including United
States Drug Enforcement Administration regulations.
    (i) A drug take-back program must provide for the
collection, transportation, and disposal of covered drugs on
an ongoing, year-round basis and must provide access for
residents across the State as set forth in subsection (j).
    (j) A drug take-back program shall provide, in every
county with a potential authorized collector, one authorized
collection site and a minimum of at least one additional
collection site for every 50,000 county residents, provided
that there are enough potential authorized collectors offering
to participate in the drug take-back program.
    All potential authorized collection sites that offer to
participate in a drug take-back program shall be counted
towards meeting the minimum number of authorized collection
sites within a drug take-back program. Collection sites funded
in part or in whole under a contract between a covered
manufacturer and a pharmacy entered into on or before the
effective date of this Act shall be counted towards the
minimum requirements within this Section for so long as the
contract continues.
    (k) A drug take-back program may include mail-back
distribution locations or periodic collection events for each
county in the State. The manufacturer program operator shall
consult with each county authority identified in the written
notice prior to preparing the program plan to determine the
role that mail-back distribution locations or periodic
collection events will have in the drug take-back program.
    The requirement to hold periodic collection events shall
be deemed to be satisfied if a manufacturer program operator
makes reasonable efforts to arrange periodic collection events
but they cannot be scheduled due to lack of law enforcement
availability.
    A drug take-back program must permit a consumer who is a
homeless, homebound, or disabled individual to request
prepaid, preaddressed mailing envelopes. A manufacturer
program operator shall accept the request through a website
and toll-free telephone number that it must maintain to comply
with the requests.
 
    Section 30. Manufacturer program operator requirements. A
manufacturer program operator shall:
        (1) Adopt policies and procedures to be followed by
    persons handling covered drugs collected under the program
    to ensure compliance with State and federal laws, rules,
    and regulations, including regulations adopted by the
    United States Drug Enforcement Administration.
        (2) Ensure the security of patient information on drug
    packaging during collection, transportation, recycling,
    and disposal.
        (3) Promote the program by providing consumers,
    pharmacies, and other entities with educational and
    informational materials as required under Section 45.
        (4) Consider:
            (A) the use of existing providers of
        pharmaceutical waste transportation and disposal
        services;
            (B) separation of covered drugs from packaging to
        reduce transportation and disposal costs; and
            (C) recycling of drug packaging.
 
    Section 35. Drug take-back program approval.
    (a) By July 1, 2023, each covered manufacturer must
individually or collectively submit to the Agency for review
and approval a proposal for the establishment and
implementation of a drug take-back program. The proposal must
demonstrate that the drug take-back program will fulfill the
requirements under Section 25. If the Agency receives more
than one proposal for a drug take-back program, the Agency
shall review all proposals in conjunction with one another to
ensure the proposals are coordinated to achieve the authorized
collection site coverage set forth in subsection (j) of
Section 25.
    (b) The Agency shall approve a proposed program if each
covered manufacturer and manufacturer program operator
participating in the program has registered and paid the fee
under Section 60, the program proposal demonstrates the
program fulfills the requirements under Section 25, and the
proposal includes the following information on forms
prescribed by the Agency:
        (1) The identity and contact information for the
    manufacturer program operator and each participating
    covered manufacturer.
        (2) The identity and contact information for the
    authorized collectors participating in the drug take-back
    program.
        (3) The identity of transporters and waste disposal
    facilities that the program will use to transport and
    dispose of collected covered drugs.
        (4) The identity of all potential authorized
    collectors that were notified of the opportunity to serve
    as an authorized collector, including how they were
    notified.
    (c) Within 90 days after receiving a drug take-back
program proposal, the Agency shall either approve, reject, or
approve with modification the proposal in writing to the
manufacturer program operator. During this 90-day period, the
Agency shall provide a 30-day public comment period on the
drug take-back program proposal. If the Agency rejects the
proposal, it shall provide the reason for rejection in the
written notification to the manufacturer program operator.
    (d) No later than 90 days after receipt of a notice of
rejection under subsection (c) of this Section, the
manufacturer or manufacturers participating in the program
shall submit a revised proposal to the Agency. Within 90 days
of receipt of a revised proposal the Agency shall either
approve or reject the revised proposal in writing to the
manufacturer program operator. During this 90-day period, the
Agency shall provide a 30-day public comment period on the
revised proposal.
    (e) After approval, covered manufacturers must,
individually or collectively, initiate operation of a drug
take-back program meeting the requirements under Section 25 no
later than December 1, 2023.
 
    Section 40. Changes or modifications to the approved
manufacturer drug take-back program. A manufacturer program
operator shall maintain records for 5 years of any changes to
an approved drug take-back program. These include, but are not
limited to, changes in:
        (1) participating covered manufacturers;
        (2) collection methods;
        (3) collection site locations; or
        (4) contact information for the program operator or
    authorized collectors.
 
    Section 45. Drug take-back program promotion. Each drug
take-back program must include a system of promotion,
education, and public outreach about the proper collection and
management of covered drugs. If there is more than one drug
take-back program operated by more than one manufacturer
program operator, the requirements of this Section shall be
implemented by all drug take-back programs collectively using
a single toll-free number and website and similar education,
outreach, and promotional materials. This may include, but is
not limited to, signage, written materials to be provided at
the time of purchase or delivery of covered drugs, and
advertising or other promotional materials. At a minimum,
promotion, education, and public outreach must include the
following:
        (1) Promoting the proper management of drugs by
    residents and the collection of covered drugs through a
    drug take-back program.
        (2) Discouraging residents from disposing of drugs in
    household waste, sewers, or septic systems.
        (3) Promoting the use of the drug take-back program so
    that where and how to return covered drugs is readily
    understandable to residents.
        (4) Maintaining a toll-free telephone number and
    website publicizing collection options and collection
    sites, and discouraging improper disposal practices for
    covered drugs, such as disposal in household waste,
    sewers, or septic systems.
        (5) Preparing and distributing to program collection
    sites, for dissemination to consumers, the educational and
    outreach materials. The materials must use plain language
    and explanatory images to make collection services and
    discouraged disposal practices readily understandable by
    residents, including residents with limited English
    proficiency.
        (6) Promotional materials prepared and distributed in
    conjunction with an approved drug take-back program under
    this Section may not be used to promote in-home disposal
    products of any kind, including, but not limited to,
    in-home disposal products of authorized collectors
    participating in a drug take-back program.
    The program promotion requirements under this Section do
not apply to any drug take-back program established prior to
the effective date of this Act that provides promotional or
educational materials to the public about the proper
collection and management of covered drugs.
 
    Section 50. Annual program report.
    (a) By April 1, 2025, and each April 1 thereafter, a
manufacturer program operator must submit to the Agency a
report describing implementation of the drug take-back program
during the previous calendar year. The report must include:
        (1) a list of the covered manufacturers participating
    in the drug take-back program during the program year;
        (2) the total amount, by weight, of covered drugs
    collected and the amount, by weight, from each collection
    method used during the program year, reported by county;
        (3) the total amount, by weight, of covered drugs
    collected from each collection site during the prior year;
        (4) the following details regarding the program's
    collection system:
            (A) a list of collection sites, with addresses;
            (B) collection sites where mailers to program
        collection sites, for dissemination to consumers, and
        education and outreach materials were made available
        to the public;
            (C) dates and locations of collection events held;
        and
            (D) the transporters and disposal facility or
        facilities used to dispose of the covered drugs
        collected;
        (5) a description of the promotion, education, and
    public outreach activities implemented;
        (6) a description of how collected packaging was
    recycled to the extent feasible; and
        (7) an evaluation of the program's effectiveness in
    collecting covered drugs during the program year and of
    any program changes that have been implemented.
 
    Section 55. Manufacturer drug take-back program funding.
    (a) A covered manufacturer or group of covered
manufacturers must pay all administrative and operational
costs associated with establishing and implementing the drug
take-back program in which it participates. Such
administrative and operational costs include, but are not
limited to:
        (1) collection and transportation supplies for each
    collection site;
        (2) purchase of collection receptacles for each
    collection site;
        (3) ongoing maintenance or replacement of collection
    receptacles when requested by authorized collectors;
        (4) costs related to prepaid, preaddressed mail;
        (5) compensation of authorized collectors, if
    applicable;
        (6) operation of periodic collection events,
    including, but not limited to, the cost of law enforcement
    staff time;
        (7) transportation of all collected covered drugs to
    final disposal;
        (8) proper disposal of all collected covered drugs in
    compliance with State and federal laws, rules, and
    regulations; and
        (9) program promotion and outreach.
    (b) A manufacturer program operator shall allocate to
covered manufacturers participating in the drug take-back
program the administration and operational costs of the
programs. The method of cost allocation shall be included in
the drug take-back program proposal required under Section 35.
    (c) A manufacturer program operator, covered manufacturer,
authorized collector, or other person may not charge:
        (1) a specific point-of-sale fee to consumers to
    recoup the costs of a drug take-back program;
        (2) a specific point-of-collection fee at the time
    covered drugs are collected from a person; or
        (3) an increase in the cost of covered drugs to recoup
    the costs of a drug take-back program.
    (d) A manufacturer program operator or covered
manufacturer shall not charge any fee to an authorized
collector or authorized collection site.
    (e) The funding requirements in this Section shall not
apply to a pharmacy location that is part of an existing
contractual agreement entered into prior to the effective date
of this Act between a pharmacy and a covered manufacturer to
fund in part or whole the collection, transportation, or
disposal of a covered drug so long as that contractual
arrangement continues.
 
    Section 60. Registration fee.
    (a) By January 1, 2023, and by January 1 of each year
thereafter, each covered manufacturer and manufacturer program
operator shall register with the Agency and submit to the
Agency a $2,500 registration fee.
    (b) All fees collected under this Section must be
deposited in the Solid Waste Management Fund to be used solely
for the administration of this Act.
 
    Section 65. Rules; enforcement; penalties.
    (a) The Agency may adopt any rules it deems necessary to
implement and administer this Act.
    (b) Except as otherwise provided in this Act, any person
who violates any provision of this Act is liable for a civil
penalty of $7,000 per violation per day, provided that the
penalty for failure to register or pay a fee under this Act
shall be double the applicable registration fee.
    (c) The penalties provided for in this Section may be
recovered in a civil action brought in the name of the People
of the State of Illinois by the State's Attorney of the county
in which the violation occurred or by the Attorney General.
Any penalties collected under this Section in an action in
which the Attorney General has prevailed shall be deposited in
the Environmental Protection Trust Fund.
    (d) The Attorney General or the State's Attorney of a
county in which a violation occurs may institute a civil
action for an injunction, prohibitory or mandatory, to
restrain violations of this Act or to require such actions as
may be necessary to address violations of this Act.
    (e) The penalties and injunctions provided in this Act are
in addition to any penalties, injunctions, or other relief
provided under any other law. Nothing in this Act bars a cause
of action by the State for any other penalty, injunction, or
other relief provided by any other law.
    (f) Any person who knowingly makes a false, fictitious, or
fraudulent material statement, orally or in writing, to the
Agency, related to or required by this Act or any rule adopted
under this Act commits a Class 4 felony, and each such
statement or writing shall be considered a separate Class 4
felony. A person who, after being convicted under this
subsection (f), violates this subsection (f) a second or
subsequent time, commits a Class 3 felony.
 
    Section 70. Antitrust immunity. The activities authorized
by this Act require collaboration among covered manufacturers
and among authorized collectors. These activities will enable
safe and secure collection and disposal of covered drugs in
Illinois and are therefore in the best interest of the public.
The benefits of collaboration, together with active State
supervision, outweigh potential adverse impacts. Therefore,
the General Assembly intends to exempt from State antitrust
laws, and provide immunity through the state action doctrine
from federal antitrust laws, activities that are undertaken
pursuant to this Act that might otherwise be constrained by
such laws. The General Assembly does not intend and does not
authorize any person or entity to engage in activities not
provided for by this Act, and the General Assembly neither
exempts nor provides immunity for such activities.
 
    Section 75. Public disclosure. Proprietary information
submitted to the Agency under this Act is exempted from
disclosure as provided under paragraphs (g) and (mm) of
subsection (1) of Section 7 of the Freedom of Information Act.
 
    Section 90. Home rule.
    (a) It is the intent of the General Assembly that, in order
to ensure a uniform, statewide solution, on and after the
effective date of this Act no unit of local government shall
mandate that a new drug take-back or disposal program be
created and no expansion or change of an existing program or
program requirement by a unit of local government shall occur
that is inconsistent with this Act.
    (b) A home rule municipality may not regulate drug
take-back programs in a manner inconsistent with the
regulation by the State of drug take-back programs under this
Act. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
 
    Section 95. The Freedom of Information Act is amended by
changing Section 7 as follows:
 
    (5 ILCS 140/7)  (from Ch. 116, par. 207)
    Sec. 7. Exemptions.
    (1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
        (a) Information specifically prohibited from
    disclosure by federal or State law or rules and
    regulations implementing federal or State law.
        (b) Private information, unless disclosure is required
    by another provision of this Act, a State or federal law or
    a court order.
        (b-5) Files, documents, and other data or databases
    maintained by one or more law enforcement agencies and
    specifically designed to provide information to one or
    more law enforcement agencies regarding the physical or
    mental status of one or more individual subjects.
        (c) Personal information contained within public
    records, the disclosure of which would constitute a
    clearly unwarranted invasion of personal privacy, unless
    the disclosure is consented to in writing by the
    individual subjects of the information. "Unwarranted
    invasion of personal privacy" means the disclosure of
    information that is highly personal or objectionable to a
    reasonable person and in which the subject's right to
    privacy outweighs any legitimate public interest in
    obtaining the information. The disclosure of information
    that bears on the public duties of public employees and
    officials shall not be considered an invasion of personal
    privacy.
        (d) Records in the possession of any public body
    created in the course of administrative enforcement
    proceedings, and any law enforcement or correctional
    agency for law enforcement purposes, but only to the
    extent that disclosure would:
            (i) interfere with pending or actually and
        reasonably contemplated law enforcement proceedings
        conducted by any law enforcement or correctional
        agency that is the recipient of the request;
            (ii) interfere with active administrative
        enforcement proceedings conducted by the public body
        that is the recipient of the request;
            (iii) create a substantial likelihood that a
        person will be deprived of a fair trial or an impartial
        hearing;
            (iv) unavoidably disclose the identity of a
        confidential source, confidential information
        furnished only by the confidential source, or persons
        who file complaints with or provide information to
        administrative, investigative, law enforcement, or
        penal agencies; except that the identities of
        witnesses to traffic accidents, traffic accident
        reports, and rescue reports shall be provided by
        agencies of local government, except when disclosure
        would interfere with an active criminal investigation
        conducted by the agency that is the recipient of the
        request;
            (v) disclose unique or specialized investigative
        techniques other than those generally used and known
        or disclose internal documents of correctional
        agencies related to detection, observation or
        investigation of incidents of crime or misconduct, and
        disclosure would result in demonstrable harm to the
        agency or public body that is the recipient of the
        request;
            (vi) endanger the life or physical safety of law
        enforcement personnel or any other person; or
            (vii) obstruct an ongoing criminal investigation
        by the agency that is the recipient of the request.
        (d-5) A law enforcement record created for law
    enforcement purposes and contained in a shared electronic
    record management system if the law enforcement agency
    that is the recipient of the request did not create the
    record, did not participate in or have a role in any of the
    events which are the subject of the record, and only has
    access to the record through the shared electronic record
    management system.
        (d-6) Records contained in the Officer Professional
    Conduct Database under Section 9.2 9.4 of the Illinois
    Police Training Act, except to the extent authorized under
    that Section. This includes the documents supplied to the
    Illinois Law Enforcement Training Standards Board from the
    Illinois State Police and Illinois State Police Merit
    Board.
        (e) Records that relate to or affect the security of
    correctional institutions and detention facilities.
        (e-5) Records requested by persons committed to the
    Department of Corrections, Department of Human Services
    Division of Mental Health, or a county jail if those
    materials are available in the library of the correctional
    institution or facility or jail where the inmate is
    confined.
        (e-6) Records requested by persons committed to the
    Department of Corrections, Department of Human Services
    Division of Mental Health, or a county jail if those
    materials include records from staff members' personnel
    files, staff rosters, or other staffing assignment
    information.
        (e-7) Records requested by persons committed to the
    Department of Corrections or Department of Human Services
    Division of Mental Health if those materials are available
    through an administrative request to the Department of
    Corrections or Department of Human Services Division of
    Mental Health.
        (e-8) Records requested by a person committed to the
    Department of Corrections, Department of Human Services
    Division of Mental Health, or a county jail, the
    disclosure of which would result in the risk of harm to any
    person or the risk of an escape from a jail or correctional
    institution or facility.
        (e-9) Records requested by a person in a county jail
    or committed to the Department of Corrections or
    Department of Human Services Division of Mental Health,
    containing personal information pertaining to the person's
    victim or the victim's family, including, but not limited
    to, a victim's home address, home telephone number, work
    or school address, work telephone number, social security
    number, or any other identifying information, except as
    may be relevant to a requester's current or potential case
    or claim.
        (e-10) Law enforcement records of other persons
    requested by a person committed to the Department of
    Corrections, Department of Human Services Division of
    Mental Health, or a county jail, including, but not
    limited to, arrest and booking records, mug shots, and
    crime scene photographs, except as these records may be
    relevant to the requester's current or potential case or
    claim.
        (f) Preliminary drafts, notes, recommendations,
    memoranda and other records in which opinions are
    expressed, or policies or actions are formulated, except
    that a specific record or relevant portion of a record
    shall not be exempt when the record is publicly cited and
    identified by the head of the public body. The exemption
    provided in this paragraph (f) extends to all those
    records of officers and agencies of the General Assembly
    that pertain to the preparation of legislative documents.
        (g) Trade secrets and commercial or financial
    information obtained from a person or business where the
    trade secrets or commercial or financial information are
    furnished under a claim that they are proprietary,
    privileged, or confidential, and that disclosure of the
    trade secrets or commercial or financial information would
    cause competitive harm to the person or business, and only
    insofar as the claim directly applies to the records
    requested.
        The information included under this exemption includes
    all trade secrets and commercial or financial information
    obtained by a public body, including a public pension
    fund, from a private equity fund or a privately held
    company within the investment portfolio of a private
    equity fund as a result of either investing or evaluating
    a potential investment of public funds in a private equity
    fund. The exemption contained in this item does not apply
    to the aggregate financial performance information of a
    private equity fund, nor to the identity of the fund's
    managers or general partners. The exemption contained in
    this item does not apply to the identity of a privately
    held company within the investment portfolio of a private
    equity fund, unless the disclosure of the identity of a
    privately held company may cause competitive harm.
        Nothing contained in this paragraph (g) shall be
    construed to prevent a person or business from consenting
    to disclosure.
        (h) Proposals and bids for any contract, grant, or
    agreement, including information which if it were
    disclosed would frustrate procurement or give an advantage
    to any person proposing to enter into a contractor
    agreement with the body, until an award or final selection
    is made. Information prepared by or for the body in
    preparation of a bid solicitation shall be exempt until an
    award or final selection is made.
        (i) Valuable formulae, computer geographic systems,
    designs, drawings and research data obtained or produced
    by any public body when disclosure could reasonably be
    expected to produce private gain or public loss. The
    exemption for "computer geographic systems" provided in
    this paragraph (i) does not extend to requests made by
    news media as defined in Section 2 of this Act when the
    requested information is not otherwise exempt and the only
    purpose of the request is to access and disseminate
    information regarding the health, safety, welfare, or
    legal rights of the general public.
        (j) The following information pertaining to
    educational matters:
            (i) test questions, scoring keys and other
        examination data used to administer an academic
        examination;
            (ii) information received by a primary or
        secondary school, college, or university under its
        procedures for the evaluation of faculty members by
        their academic peers;
            (iii) information concerning a school or
        university's adjudication of student disciplinary
        cases, but only to the extent that disclosure would
        unavoidably reveal the identity of the student; and
            (iv) course materials or research materials used
        by faculty members.
        (k) Architects' plans, engineers' technical
    submissions, and other construction related technical
    documents for projects not constructed or developed in
    whole or in part with public funds and the same for
    projects constructed or developed with public funds,
    including, but not limited to, power generating and
    distribution stations and other transmission and
    distribution facilities, water treatment facilities,
    airport facilities, sport stadiums, convention centers,
    and all government owned, operated, or occupied buildings,
    but only to the extent that disclosure would compromise
    security.
        (l) Minutes of meetings of public bodies closed to the
    public as provided in the Open Meetings Act until the
    public body makes the minutes available to the public
    under Section 2.06 of the Open Meetings Act.
        (m) Communications between a public body and an
    attorney or auditor representing the public body that
    would not be subject to discovery in litigation, and
    materials prepared or compiled by or for a public body in
    anticipation of a criminal, civil, or administrative
    proceeding upon the request of an attorney advising the
    public body, and materials prepared or compiled with
    respect to internal audits of public bodies.
        (n) Records relating to a public body's adjudication
    of employee grievances or disciplinary cases; however,
    this exemption shall not extend to the final outcome of
    cases in which discipline is imposed.
        (o) Administrative or technical information associated
    with automated data processing operations, including, but
    not limited to, software, operating protocols, computer
    program abstracts, file layouts, source listings, object
    modules, load modules, user guides, documentation
    pertaining to all logical and physical design of
    computerized systems, employee manuals, and any other
    information that, if disclosed, would jeopardize the
    security of the system or its data or the security of
    materials exempt under this Section.
        (p) Records relating to collective negotiating matters
    between public bodies and their employees or
    representatives, except that any final contract or
    agreement shall be subject to inspection and copying.
        (q) Test questions, scoring keys, and other
    examination data used to determine the qualifications of
    an applicant for a license or employment.
        (r) The records, documents, and information relating
    to real estate purchase negotiations until those
    negotiations have been completed or otherwise terminated.
    With regard to a parcel involved in a pending or actually
    and reasonably contemplated eminent domain proceeding
    under the Eminent Domain Act, records, documents, and
    information relating to that parcel shall be exempt except
    as may be allowed under discovery rules adopted by the
    Illinois Supreme Court. The records, documents, and
    information relating to a real estate sale shall be exempt
    until a sale is consummated.
        (s) Any and all proprietary information and records
    related to the operation of an intergovernmental risk
    management association or self-insurance pool or jointly
    self-administered health and accident cooperative or pool.
    Insurance or self insurance (including any
    intergovernmental risk management association or self
    insurance pool) claims, loss or risk management
    information, records, data, advice or communications.
        (t) Information contained in or related to
    examination, operating, or condition reports prepared by,
    on behalf of, or for the use of a public body responsible
    for the regulation or supervision of financial
    institutions, insurance companies, or pharmacy benefit
    managers, unless disclosure is otherwise required by State
    law.
        (u) Information that would disclose or might lead to
    the disclosure of secret or confidential information,
    codes, algorithms, programs, or private keys intended to
    be used to create electronic signatures under the Uniform
    Electronic Transactions Act.
        (v) Vulnerability assessments, security measures, and
    response policies or plans that are designed to identify,
    prevent, or respond to potential attacks upon a
    community's population or systems, facilities, or
    installations, the destruction or contamination of which
    would constitute a clear and present danger to the health
    or safety of the community, but only to the extent that
    disclosure could reasonably be expected to jeopardize the
    effectiveness of the measures or the safety of the
    personnel who implement them or the public. Information
    exempt under this item may include such things as details
    pertaining to the mobilization or deployment of personnel
    or equipment, to the operation of communication systems or
    protocols, or to tactical operations.
        (w) (Blank).
        (x) Maps and other records regarding the location or
    security of generation, transmission, distribution,
    storage, gathering, treatment, or switching facilities
    owned by a utility, by a power generator, or by the
    Illinois Power Agency.
        (y) Information contained in or related to proposals,
    bids, or negotiations related to electric power
    procurement under Section 1-75 of the Illinois Power
    Agency Act and Section 16-111.5 of the Public Utilities
    Act that is determined to be confidential and proprietary
    by the Illinois Power Agency or by the Illinois Commerce
    Commission.
        (z) Information about students exempted from
    disclosure under Sections 10-20.38 or 34-18.29 of the
    School Code, and information about undergraduate students
    enrolled at an institution of higher education exempted
    from disclosure under Section 25 of the Illinois Credit
    Card Marketing Act of 2009.
        (aa) Information the disclosure of which is exempted
    under the Viatical Settlements Act of 2009.
        (bb) Records and information provided to a mortality
    review team and records maintained by a mortality review
    team appointed under the Department of Juvenile Justice
    Mortality Review Team Act.
        (cc) Information regarding interments, entombments, or
    inurnments of human remains that are submitted to the
    Cemetery Oversight Database under the Cemetery Care Act or
    the Cemetery Oversight Act, whichever is applicable.
        (dd) Correspondence and records (i) that may not be
    disclosed under Section 11-9 of the Illinois Public Aid
    Code or (ii) that pertain to appeals under Section 11-8 of
    the Illinois Public Aid Code.
        (ee) The names, addresses, or other personal
    information of persons who are minors and are also
    participants and registrants in programs of park
    districts, forest preserve districts, conservation
    districts, recreation agencies, and special recreation
    associations.
        (ff) The names, addresses, or other personal
    information of participants and registrants in programs of
    park districts, forest preserve districts, conservation
    districts, recreation agencies, and special recreation
    associations where such programs are targeted primarily to
    minors.
        (gg) Confidential information described in Section
    1-100 of the Illinois Independent Tax Tribunal Act of
    2012.
        (hh) The report submitted to the State Board of
    Education by the School Security and Standards Task Force
    under item (8) of subsection (d) of Section 2-3.160 of the
    School Code and any information contained in that report.
        (ii) Records requested by persons committed to or
    detained by the Department of Human Services under the
    Sexually Violent Persons Commitment Act or committed to
    the Department of Corrections under the Sexually Dangerous
    Persons Act if those materials: (i) are available in the
    library of the facility where the individual is confined;
    (ii) include records from staff members' personnel files,
    staff rosters, or other staffing assignment information;
    or (iii) are available through an administrative request
    to the Department of Human Services or the Department of
    Corrections.
        (jj) Confidential information described in Section
    5-535 of the Civil Administrative Code of Illinois.
        (kk) The public body's credit card numbers, debit card
    numbers, bank account numbers, Federal Employer
    Identification Number, security code numbers, passwords,
    and similar account information, the disclosure of which
    could result in identity theft or impression or defrauding
    of a governmental entity or a person.
        (ll) Records concerning the work of the threat
    assessment team of a school district.
        (mm) Proprietary information submitted to the
    Environmental Protection Agency under the Drug Take-Back
    Act.
    (1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
    (2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
    (3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
 
    Section 100. The Environmental Protection Act is amended
by changing Sections 22.15 and 22.55 as follows:
 
    (415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
    Sec. 22.15. Solid Waste Management Fund; fees.
    (a) There is hereby created within the State Treasury a
special fund to be known as the Solid Waste Management Fund, to
be constituted from the fees collected by the State pursuant
to this Section, from repayments of loans made from the Fund
for solid waste projects, from registration fees collected
pursuant to the Consumer Electronics Recycling Act, and from
amounts transferred into the Fund pursuant to Public Act
100-433. Moneys received by either the Agency or the
Department of Commerce and Economic Opportunity in repayment
of loans made pursuant to the Illinois Solid Waste Management
Act shall be deposited into the General Revenue Fund.
    (b) The Agency shall assess and collect a fee in the amount
set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency
to dispose of solid waste if the sanitary landfill is located
off the site where such waste was produced and if such sanitary
landfill is owned, controlled, and operated by a person other
than the generator of such waste. The Agency shall deposit all
fees collected into the Solid Waste Management Fund. If a site
is contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee
under this subsection. Beginning on July 1, 2018, and on the
first day of each month thereafter during fiscal years 2019
through 2022, the State Comptroller shall direct and State
Treasurer shall transfer an amount equal to 1/12 of $5,000,000
per fiscal year from the Solid Waste Management Fund to the
General Revenue Fund.
        (1) If more than 150,000 cubic yards of non-hazardous
    solid waste is permanently disposed of at a site in a
    calendar year, the owner or operator shall either pay a
    fee of 95 cents per cubic yard or, alternatively, the
    owner or operator may weigh the quantity of the solid
    waste permanently disposed of with a device for which
    certification has been obtained under the Weights and
    Measures Act and pay a fee of $2.00 per ton of solid waste
    permanently disposed of. In no case shall the fee
    collected or paid by the owner or operator under this
    paragraph exceed $1.55 per cubic yard or $3.27 per ton.
        (2) If more than 100,000 cubic yards but not more than
    150,000 cubic yards of non-hazardous waste is permanently
    disposed of at a site in a calendar year, the owner or
    operator shall pay a fee of $52,630.
        (3) If more than 50,000 cubic yards but not more than
    100,000 cubic yards of non-hazardous solid waste is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of $23,790.
        (4) If more than 10,000 cubic yards but not more than
    50,000 cubic yards of non-hazardous solid waste is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of $7,260.
        (5) If not more than 10,000 cubic yards of
    non-hazardous solid waste is permanently disposed of at a
    site in a calendar year, the owner or operator shall pay a
    fee of $1050.
    (c) (Blank).
    (d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such rules
shall include, but not be limited to:
        (1) necessary records identifying the quantities of
    solid waste received or disposed;
        (2) the form and submission of reports to accompany
    the payment of fees to the Agency;
        (3) the time and manner of payment of fees to the
    Agency, which payments shall not be more often than
    quarterly; and
        (4) procedures setting forth criteria establishing
    when an owner or operator may measure by weight or volume
    during any given quarter or other fee payment period.
    (e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency for the
purposes set forth in this Section and in the Illinois Solid
Waste Management Act, including for the costs of fee
collection and administration, and for the administration of
(1) the Consumer Electronics Recycling Act and the Drug
Take-Back Act (2) until January 1, 2020, the Electronic
Products Recycling and Reuse Act.
    (f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its
duties under this Section and the Illinois Solid Waste
Management Act.
    (g) On the first day of January, April, July, and October
of each year, beginning on July 1, 1996, the State Comptroller
and Treasurer shall transfer $500,000 from the Solid Waste
Management Fund to the Hazardous Waste Fund. Moneys
transferred under this subsection (g) shall be used only for
the purposes set forth in item (1) of subsection (d) of Section
22.2.
    (h) The Agency is authorized to provide financial
assistance to units of local government for the performance of
inspecting, investigating and enforcement activities pursuant
to Section 4(r) at nonhazardous solid waste disposal sites.
    (i) The Agency is authorized to conduct household waste
collection and disposal programs.
    (j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge
with regard to the permanent disposal of solid waste. All
fees, taxes, and surcharges collected under this subsection
shall be utilized for solid waste management purposes,
including long-term monitoring and maintenance of landfills,
planning, implementation, inspection, enforcement and other
activities consistent with the Solid Waste Management Act and
the Local Solid Waste Disposal Act, or for any other
environment-related purpose, including, but not limited to, an
environment-related public works project, but not for the
construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee,
tax or surcharge imposed by all units of local government
under this subsection (j) upon the solid waste disposal
facility shall not exceed:
        (1) 60 per cubic yard if more than 150,000 cubic
    yards of non-hazardous solid waste is permanently disposed
    of at the site in a calendar year, unless the owner or
    operator weighs the quantity of the solid waste received
    with a device for which certification has been obtained
    under the Weights and Measures Act, in which case the fee
    shall not exceed $1.27 per ton of solid waste permanently
    disposed of.
        (2) $33,350 if more than 100,000 cubic yards, but not
    more than 150,000 cubic yards, of non-hazardous waste is
    permanently disposed of at the site in a calendar year.
        (3) $15,500 if more than 50,000 cubic yards, but not
    more than 100,000 cubic yards, of non-hazardous solid
    waste is permanently disposed of at the site in a calendar
    year.
        (4) $4,650 if more than 10,000 cubic yards, but not
    more than 50,000 cubic yards, of non-hazardous solid waste
    is permanently disposed of at the site in a calendar year.
        (5) $650 if not more than 10,000 cubic yards of
    non-hazardous solid waste is permanently disposed of at
    the site in a calendar year.
    The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a
highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped on
public property in violation of a State law or local
ordinance.
    For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in
subsection (a-1) of Section 3.160, the total fee, tax, or
surcharge imposed by all units of local government under this
subsection (j) upon the solid waste disposal facility shall
not exceed 50% of the applicable amount set forth above. A unit
of local government, as defined in the Local Solid Waste
Disposal Act, in which a general construction or demolition
debris recovery facility is located may establish a fee, tax,
or surcharge on the general construction or demolition debris
recovery facility with regard to the permanent disposal of
solid waste by the general construction or demolition debris
recovery facility at a solid waste disposal facility, provided
that such fee, tax, or surcharge shall not exceed 50% of the
applicable amount set forth above, based on the total amount
of solid waste transported from the general construction or
demolition debris recovery facility for disposal at solid
waste disposal facilities, and the unit of local government
and fee shall be subject to all other requirements of this
subsection (j).
    A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has
been dumped on public property in violation of a State law or
local ordinance.
    If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement with
the Agency pursuant to subsection (r) of Section 4. The unit of
local government and the Agency shall enter into such a
written delegation agreement within 60 days after the
establishment of such fees. At least annually, the Agency
shall conduct an audit of the expenditures made by units of
local government from the funds granted by the Agency to the
units of local government for purposes of local sanitary
landfill inspection and enforcement programs, to ensure that
the funds have been expended for the prescribed purposes under
the grant.
    The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local government
in a separate fund, and the interest received on the moneys in
the fund shall be credited to the fund. The monies in the fund
may be accumulated over a period of years to be expended in
accordance with this subsection.
    A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and post on its website, in
April of each year, a report that details spending plans for
monies collected in accordance with this subsection. The
report will at a minimum include the following:
        (1) The total monies collected pursuant to this
    subsection.
        (2) The most current balance of monies collected
    pursuant to this subsection.
        (3) An itemized accounting of all monies expended for
    the previous year pursuant to this subsection.
        (4) An estimation of monies to be collected for the
    following 3 years pursuant to this subsection.
        (5) A narrative detailing the general direction and
    scope of future expenditures for one, 2 and 3 years.
    The exemptions granted under Sections 22.16 and 22.16a,
and under subsection (k) of this Section, shall be applicable
to any fee, tax or surcharge imposed under this subsection
(j); except that the fee, tax or surcharge authorized to be
imposed under this subsection (j) may be made applicable by a
unit of local government to the permanent disposal of solid
waste after December 31, 1986, under any contract lawfully
executed before June 1, 1986 under which more than 150,000
cubic yards (or 50,000 tons) of solid waste is to be
permanently disposed of, even though the waste is exempt from
the fee imposed by the State under subsection (b) of this
Section pursuant to an exemption granted under Section 22.16.
    (k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1, 1989
the fee under subsection (b) and the fee, tax or surcharge
under subsection (j) shall not apply to:
        (1) waste which is hazardous waste;
        (2) waste which is pollution control waste;
        (3) waste from recycling, reclamation or reuse
    processes which have been approved by the Agency as being
    designed to remove any contaminant from wastes so as to
    render such wastes reusable, provided that the process
    renders at least 50% of the waste reusable; the exemption
    set forth in this paragraph (3) of this subsection (k)
    shall not apply to general construction or demolition
    debris recovery facilities as defined in subsection (a-1)
    of Section 3.160;
        (4) non-hazardous solid waste that is received at a
    sanitary landfill and composted or recycled through a
    process permitted by the Agency; or
        (5) any landfill which is permitted by the Agency to
    receive only demolition or construction debris or
    landscape waste.
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
8-20-21; revised 9-28-21.)
 
    (415 ILCS 5/22.55)
    Sec. 22.55. Household waste drop-off points.
    (a) Findings; purpose and intent.
        (1) The General Assembly finds that protection of
    human health and the environment can be enhanced if
    certain commonly generated household wastes are managed
    separately from the general household waste stream.
        (2) The purpose of this Section is to provide, to the
    extent allowed under federal law, a method for managing
    certain types of household waste separately from the
    general household waste stream.
    (b) Definitions. For the purposes of this Section:
        "Compostable waste" means household waste that is
    source-separated food scrap, household waste that is
    source-separated landscape waste, or a mixture of both.
        "Controlled substance" means a controlled substance as
    defined in the Illinois Controlled Substances Act.
        "Household waste" means waste generated from a single
    residence or multiple residences.
        "Household waste drop-off point" means the portion of
    a site or facility used solely for the receipt and
    temporary storage of household waste.
        "One-day compostable waste collection event" means a
    household waste drop-off point approved by a county or
    municipality under subsection (d-5) of this Section.
        "One-day household waste collection event" means a
    household waste drop-off point approved by the Agency
    under subsection (d) of this Section.
        "Permanent compostable waste collection point" means a
    household waste drop-off point approved by a county or
    municipality under subsection (d-6) of this Section.
        "Personal care product" means an item other than a
    pharmaceutical product that is consumed or applied by an
    individual for personal health, hygiene, or cosmetic
    reasons. Personal care products include, but are not
    limited to, items used in bathing, dressing, or grooming.
        "Pharmaceutical product" means medicine or a product
    containing medicine. A pharmaceutical product may be sold
    by prescription or over the counter. "Pharmaceutical
    product" does not include medicine that contains a
    radioactive component or a product that contains a
    radioactive component.
        "Recycling coordinator" means the person designated by
    each county waste management plan to administer the county
    recycling program, as set forth in the Solid Waste
    Management Act.
    (c) Except as otherwise provided in Agency rules, the
following requirements apply to each household waste drop-off
point, other than a one-day household waste collection event,
one-day compostable waste collection event, or permanent
compostable waste collection point:
        (1) A household waste drop-off point must not accept
    waste other than the following types of household waste:
    pharmaceutical products, personal care products, batteries
    other than lead-acid batteries, paints, automotive fluids,
    compact fluorescent lightbulbs, mercury thermometers, and
    mercury thermostats. A household waste drop-off point may
    accept controlled substances in accordance with federal
    law.
        (2) Except as provided in subdivision (c)(2) of this
    Section, household waste drop-off points must be located
    at a site or facility where the types of products accepted
    at the household waste drop-off point are lawfully sold,
    distributed, or dispensed. For example, household waste
    drop-off points that accept prescription pharmaceutical
    products must be located at a site or facility where
    prescription pharmaceutical products are sold,
    distributed, or dispensed.
            (A) Subdivision (c)(2) of this Section does not
        apply to household waste drop-off points operated by a
        government or school entity, or by an association or
        other organization of government or school entities.
            (B) Household waste drop-off points that accept
        mercury thermometers can be located at any site or
        facility where non-mercury thermometers are sold,
        distributed, or dispensed.
            (C) Household waste drop-off points that accept
        mercury thermostats can be located at any site or
        facility where non-mercury thermostats are sold,
        distributed, or dispensed.
        (3) The location of acceptance for each type of waste
    accepted at the household waste drop-off point must be
    clearly identified. Locations where pharmaceutical
    products are accepted must also include a copy of the sign
    required under subsection (j) of this Section.
        (4) Household waste must be accepted only from private
    individuals. Waste must not be accepted from other
    persons, including, but not limited to, owners and
    operators of rented or leased residences where the
    household waste was generated, commercial haulers, and
    other commercial, industrial, agricultural, and government
    operations or entities.
        (5) If more than one type of household waste is
    accepted, each type of household waste must be managed
    separately prior to its packaging for off-site transfer.
        (6) Household waste must not be stored for longer than
    90 days after its receipt, except as otherwise approved by
    the Agency in writing.
        (7) Household waste must be managed in a manner that
    protects against releases of the waste, prevents
    nuisances, and otherwise protects human health and the
    environment. Household waste must also be properly secured
    to prevent unauthorized public access to the waste,
    including, but not limited to, preventing access to the
    waste during the non-business hours of the site or
    facility on which the household waste drop-off point is
    located. Containers in which pharmaceutical products are
    collected must be clearly marked "No Controlled
    Substances", unless the household waste drop-off point
    accepts controlled substances in accordance with federal
    law.
        (8) Management of the household waste must be limited
    to the following: (i) acceptance of the waste, (ii)
    temporary storage of the waste prior to transfer, and
    (iii) off-site transfer of the waste and packaging for
    off-site transfer.
        (9) Off-site transfer of the household waste must
    comply with federal and State laws and regulations.
    (d) One-day household waste collection events. To further
aid in the collection of certain household wastes, the Agency
may approve the operation of one-day household waste
collection events. The Agency shall not approve a one-day
household waste collection event at the same site or facility
for more than one day each calendar quarter. Requests for
approval must be submitted on forms prescribed by the Agency.
The Agency must issue its approval in writing, and it may
impose conditions as necessary to protect human health and the
environment and to otherwise accomplish the purposes of this
Act. One-day household waste collection events must be
operated in accordance with the Agency's approval, including
all conditions contained in the approval. The following
requirements apply to all one-day household waste collection
events, in addition to the conditions contained in the
Agency's approval:
        (1) Waste accepted at the event must be limited to
    household waste and must not include garbage, landscape
    waste, or other waste excluded by the Agency in the
    Agency's approval or any conditions contained in the
    approval. A one-day household waste collection event may
    accept controlled substances in accordance with federal
    law.
        (2) Household waste must be accepted only from private
    individuals. Waste must not be accepted from other
    persons, including, but not limited to, owners and
    operators of rented or leased residences where the
    household waste was generated, commercial haulers, and
    other commercial, industrial, agricultural, and government
    operations or entities.
        (3) Household waste must be managed in a manner that
    protects against releases of the waste, prevents
    nuisances, and otherwise protects human health and the
    environment. Household waste must also be properly secured
    to prevent public access to the waste, including, but not
    limited to, preventing access to the waste during the
    event's non-business hours.
        (4) Management of the household waste must be limited
    to the following: (i) acceptance of the waste, (ii)
    temporary storage of the waste before transfer, and (iii)
    off-site transfer of the waste or packaging for off-site
    transfer.
        (5) Except as otherwise approved by the Agency, all
    household waste received at the collection event must be
    transferred off-site by the end of the day following the
    collection event.
        (6) The transfer and ultimate disposition of household
    waste received at the collection event must comply with
    the Agency's approval, including all conditions contained
    in the approval.
    (d-5) One-day compostable waste collection event. To
further aid in the collection and composting of compostable
waste, as defined in subsection (b), a municipality may
approve the operation of one-day compostable waste collection
events at any site or facility within its territorial
jurisdiction, and a county may approve the operation of
one-day compostable waste collection events at any site or
facility in any unincorporated area within its territorial
jurisdiction. The approval granted under this subsection (d-5)
must be in writing; must specify the date, location, and time
of the event; and must list the types of compostable waste that
will be collected at the event. If the one-day compostable
waste collection event is to be operated at a location within a
county with a population of more than 400,000 but less than
2,000,000 inhabitants, according to the 2010 decennial census,
then the operator of the event shall, at least 30 days before
the event, provide a copy of the approval to the recycling
coordinator designated by that county. The approval granted
under this subsection (d-5) may include conditions imposed by
the county or municipality as necessary to protect public
health and prevent odors, vectors, and other nuisances. A
one-day compostable waste collection event approved under this
subsection (d-5) must be operated in accordance with the
approval, including all conditions contained in the approval.
The following requirements shall apply to the one-day
compostable waste collection event, in addition to the
conditions contained in the approval:
        (1) Waste accepted at the event must be limited to the
    types of compostable waste authorized to be accepted under
    the approval.
        (2) Information promoting the event and signs at the
    event must clearly indicate the types of compostable waste
    approved for collection. To discourage the receipt of
    other waste, information promoting the event and signs at
    the event must also include:
            (A) examples of compostable waste being collected;
        and
            (B) examples of waste that is not being collected.
        (3) Compostable waste must be accepted only from
    private individuals. It may not be accepted from other
    persons, including, but not limited to, owners and
    operators of rented or leased residences where it was
    generated, commercial haulers, and other commercial,
    industrial, agricultural, and government operations or
    entities.
        (4) Compostable waste must be managed in a manner that
    protects against releases of the waste, prevents
    nuisances, and otherwise protects human health and the
    environment. Compostable waste must be properly secured to
    prevent it from being accessed by the public at any time,
    including, but not limited to, during the collection
    event's non-operating hours. One-day compostable waste
    collection events must be adequately supervised during
    their operating hours.
        (5) Compostable waste must be secured in non-porous,
    rigid, leak-proof containers that:
            (A) are covered, except when the compostable waste
        is being added to or removed from the containers or it
        is otherwise necessary to access the compostable
        waste;
            (B) prevent precipitation from draining through
        the compostable waste;
            (C) prevent dispersion of the compostable waste by
        wind;
            (D) contain spills or releases that could create
        nuisances or otherwise harm human health or the
        environment;
            (E) limit access to the compostable waste by
        vectors;
            (F) control odors and other nuisances; and
            (G) provide for storage, removal, and off-site
        transfer of the compostable waste in a manner that
        protects its ability to be composted.
        (6) No more than a total of 40 cubic yards of
    compostable waste shall be located at the collection site
    at any one time.
        (7) Management of the compostable waste must be
    limited to the following: (A) acceptance, (B) temporary
    storage before transfer, and (C) off-site transfer.
        (8) All compostable waste received at the event must
    be transferred off-site to a permitted compost facility by
    no later than 48 hours after the event ends or by the end
    of the first business day after the event ends, whichever
    is sooner.
        (9) If waste other than compostable waste is received
    at the event, then that waste must be disposed of within 48
    hours after the event ends or by the end of the first
    business day after the event ends, whichever is sooner.
    (d-6) Permanent compostable waste collection points. To
further aid in the collection and composting of compostable
waste, as defined in subsection (b), a municipality may
approve the operation of permanent compostable waste
collection points at any site or facility within its
territorial jurisdiction, and a county may approve the
operation of permanent compostable waste collection points at
any site or facility in any unincorporated area within its
territorial jurisdiction. The approval granted pursuant to
this subsection (d-6) must be in writing; must specify the
location, operating days, and operating hours of the
collection point; must list the types of compostable waste
that will be collected at the collection point; and must
specify a term of not more than 365 calendar days during which
the approval will be effective. In addition, if the permanent
compostable waste collection point is to be operated at a
location within a county with a population of more than
400,000 but less than 2,000,000 inhabitants, according to the
2010 federal decennial census, then the operator of the
collection point shall, at least 30 days before the collection
point begins operation, provide a copy of the approval to the
recycling coordinator designated by that county. The approval
may include conditions imposed by the county or municipality
as necessary to protect public health and prevent odors,
vectors, and other nuisances. A permanent compostable waste
collection point approved pursuant to this subsection (d-6)
must be operated in accordance with the approval, including
all conditions contained in the approval. The following
requirements apply to the permanent compostable waste
collection point, in addition to the conditions contained in
the approval:
        (1) Waste accepted at the collection point must be
    limited to the types of compostable waste authorized to be
    accepted under the approval.
        (2) Information promoting the collection point and
    signs at the collection point must clearly indicate the
    types of compostable waste approved for collection. To
    discourage the receipt of other waste, information
    promoting the collection point and signs at the collection
    point must also include (A) examples of compostable waste
    being collected and (B) examples of waste that is not
    being collected.
        (3) Compostable waste must be accepted only from
    private individuals. It may not be accepted from other
    persons, including, but not limited to, owners and
    operators of rented or leased residences where it was
    generated, commercial haulers, and other commercial,
    industrial, agricultural, and government operations or
    entities.
        (4) Compostable waste must be managed in a manner that
    protects against releases of the waste, prevents
    nuisances, and otherwise protects human health and the
    environment. Compostable waste must be properly secured to
    prevent it from being accessed by the public at any time,
    including, but not limited to, during the collection
    point's non-operating hours. Permanent compostable waste
    collection points must be adequately supervised during
    their operating hours.
        (5) Compostable waste must be secured in non-porous,
    rigid, leak-proof containers that:
            (A) are no larger than 10 cubic yards in size;
            (B) are covered, except when the compostable waste
        is being added to or removed from the container or it
        is otherwise necessary to access the compostable
        waste;
            (C) prevent precipitation from draining through
        the compostable waste;
            (D) prevent dispersion of the compostable waste by
        wind;
            (E) contain spills or releases that could create
        nuisances or otherwise harm human health or the
        environment;
            (F) limit access to the compostable waste by
        vectors;
            (G) control odors and other nuisances; and
            (H) provide for storage, removal, and off-site
        transfer of the compostable waste in a manner that
        protects its ability to be composted.
        (6) No more than a total of 10 cubic yards of
    compostable waste shall be located at the permanent
    compostable waste collection site at any one time.
        (7) Management of the compostable waste must be
    limited to the following: (A) acceptance, (B) temporary
    storage before transfer, and (C) off-site transfer.
        (8) All compostable waste received at the permanent
    compostable waste collection point must be transferred
    off-site to a permitted compost facility not less
    frequently than once every 7 days.
        (9) If a permanent compostable waste collection point
    receives waste other than compostable waste, then that
    waste must be disposed of not less frequently than once
    every 7 days.
    (e) The Agency may adopt rules governing the operation of
household waste drop-off points, other than one-day household
waste collection events, one-day compostable waste collection
events, and permanent compostable waste collection points.
Those rules must be designed to protect against releases of
waste to the environment, prevent nuisances, and otherwise
protect human health and the environment. As necessary to
address different circumstances, the regulations may contain
different requirements for different types of household waste
and different types of household waste drop-off points, and
the regulations may modify the requirements set forth in
subsection (c) of this Section. The regulations may include,
but are not limited to, the following: (i) identification of
additional types of household waste that can be collected at
household waste drop-off points, (ii) identification of the
different types of household wastes that can be received at
different household waste drop-off points, (iii) the maximum
amounts of each type of household waste that can be stored at
household waste drop-off points at any one time, and (iv) the
maximum time periods each type of household waste can be
stored at household waste drop-off points.
    (f) Prohibitions.
        (1) Except as authorized in a permit issued by the
    Agency, no person shall cause or allow the operation of a
    household waste drop-off point, other than a one-day
    household waste collection event, one-day compostable
    waste collection event, or permanent compostable waste
    collection point, in violation of this Section or any
    regulations adopted under this Section.
        (2) No person shall cause or allow the operation of a
    one-day household waste collection event in violation of
    this Section or the Agency's approval issued under
    subsection (d) of this Section, including all conditions
    contained in the approval.
        (3) No person shall cause or allow the operation of a
    one-day compostable waste collection event in violation of
    this Section or the approval issued for the one-day
    compostable waste collection event under subsection (d-5)
    of this Section, including all conditions contained in the
    approval.
        (4) No person shall cause or allow the operation of a
    permanent compostable waste collection event in violation
    of this Section or the approval issued for the permanent
    compostable waste collection point under subsection (d-6)
    of this Section, including all conditions contained in the
    approval.
    (g) Permit exemptions.
        (1) No permit is required under subdivision (d)(1) of
    Section 21 of this Act for the operation of a household
    waste drop-off point, other than a one-day household waste
    collection event, one-day compostable waste collection
    event, or permanent compostable waste collection point, if
    the household waste drop-off point is operated in
    accordance with this Section and all regulations adopted
    under this Section.
        (2) No permit is required under subdivision (d)(1) of
    Section 21 of this Act for the operation of a one-day
    household waste collection event if the event is operated
    in accordance with this Section and the Agency's approval
    issued under subsection (d) of this Section, including all
    conditions contained in the approval, or for the operation
    of a household waste collection event by the Agency.
        (3) No permit is required under paragraph (1) of
    subsection (d) of Section 21 of this Act for the operation
    of a one-day compostable waste collection event if the
    compostable waste collection event is operated in
    accordance with this Section and the approval issued for
    the compostable waste collection point under subsection
    (d-5) of this Section, including all conditions contained
    in the approval.
        (4) No permit is required under paragraph (1) of
    subsection (d) of Section 21 of this Act for the operation
    of a permanent compostable waste collection point if the
    collection point is operated in accordance with this
    Section and the approval issued for the compostable waste
    collection event under subsection (d-6) of this Section,
    including all conditions contained in the approval.
    (h) This Section does not apply to the following:
        (1) Persons accepting household waste that they are
    authorized to accept under a permit issued by the Agency.
        (2) Sites or facilities operated pursuant to an
    intergovernmental agreement entered into with the Agency
    under Section 22.16b(d) of this Act.
    (i) (Blank). The Agency, in consultation with the
Department of Public Health, must develop and implement a
public information program regarding household waste drop-off
points that accept pharmaceutical products, as well as
mail-back programs authorized under federal law.
    (j) (Blank). The Agency must develop a sign that provides
information on the proper disposal of unused pharmaceutical
products. The sign shall include information on approved
drop-off sites or list a website where updated information on
drop-off sites can be accessed. The sign shall also include
information on mail-back programs and self-disposal. The
Agency shall make a copy of the sign available for downloading
from its website. Every pharmacy shall display the sign in the
area where medications are dispensed and shall also display
any signs the Agency develops regarding local take-back
programs or household waste collection events. These signs
shall be no larger than 8.5 inches by 11 inches.
    (k) If an entity chooses to participate as a household
waste drop-off point, then it must follow the provisions of
this Section and any rules the Agency may adopt governing
household waste drop-off points.
    (l) (Blank). The Agency shall establish, by rule, a
statewide medication take-back program by June 1, 2016 to
ensure that there are pharmaceutical product disposal options
regularly available for residents across the State. No private
entity may be compelled to serve as or fund a take-back
location or program. Medications collected and disposed of
under the program shall include controlled substances approved
for collection by federal law. All medications collected and
disposed of under the program must be managed in accordance
with all applicable federal and State laws and regulations.
The Agency shall issue a report to the General Assembly by June
1, 2019 detailing the amount of pharmaceutical products
annually collected under the program, as well as any
legislative recommendations.
(Source: P.A. 99-11, eff. 7-10-15; 99-480, eff. 9-9-15;
99-642, eff. 7-28-16.)
 
    Section 999. Effective date. This Act takes effect upon
becoming law.