Public Act 096-0121
 		





SB0178 Enrolled
LRB096 07558 JDS 17653 b






    AN ACT concerning safety.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:




 
    Section 5. The Environmental Protection Act is amended  by 
adding Section 22.55 as follows:
 
    (415 ILCS 5/22.55  new)
    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:
        "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 household waste collection event" means a 
    household waste drop-off point approved by the Agency under 
    subsection (d) 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 (i) medicine that contains a 
    radioactive component or a product that contains a 
    radioactive component or (ii) a controlled substance.
    (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:
        (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.
        (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".
        (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, controlled substances, or other waste excluded by 
    the Agency in the Agency's approval or any conditions 
    contained in the approval.
        (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.
    (e) The Agency may adopt rules governing the operation of 
household waste drop-off points other than one-day household 
waste collection events.  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 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.
    (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 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.
    (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) 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.
    (j) The Agency must develop a sign that provides 
information on the proper disposal of unused pharmaceutical 
products.  The Agency shall make a copy of the sign available 
for downloading from its website. 
    (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. 
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.





Effective Date:  8/4/2009