Rep. JoAnn D. Osmond

Filed: 3/15/2011

 

 


 

 


 
09700HB2056ham001LRB097 07029 JDS 53025 a

1
AMENDMENT TO HOUSE BILL 2056

2    AMENDMENT NO. ______. Amend House Bill 2056 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Finance Act is amended by adding
5Section 5.786 as follows:
 
6    (30 ILCS 105/5.786 new)
7    Sec. 5.786. The Prescription Pill and Drug Disposal Fund.
 
8    Section 10. The Environmental Protection Act is amended by
9changing Section 3.330 and by adding Section 17.9A as follows:
 
10    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
11    Sec. 3.330. Pollution control facility.
12    (a) "Pollution control facility" is any waste storage site,
13sanitary landfill, waste disposal site, waste transfer
14station, waste treatment facility, or waste incinerator. This

 

 

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1includes sewers, sewage treatment plants, and any other
2facilities owned or operated by sanitary districts organized
3under the Metropolitan Water Reclamation District Act.
4    The following are not pollution control facilities:
5        (1) (blank);
6        (2) waste storage sites regulated under 40 CFR, Part
7    761.42;
8        (3) sites or facilities used by any person conducting a
9    waste storage, waste treatment, waste disposal, waste
10    transfer or waste incineration operation, or a combination
11    thereof, for wastes generated by such person's own
12    activities, when such wastes are stored, treated, disposed
13    of, transferred or incinerated within the site or facility
14    owned, controlled or operated by such person, or when such
15    wastes are transported within or between sites or
16    facilities owned, controlled or operated by such person;
17        (4) sites or facilities at which the State is
18    performing removal or remedial action pursuant to Section
19    22.2 or 55.3;
20        (5) abandoned quarries used solely for the disposal of
21    concrete, earth materials, gravel, or aggregate debris
22    resulting from road construction activities conducted by a
23    unit of government or construction activities due to the
24    construction and installation of underground pipes, lines,
25    conduit or wires off of the premises of a public utility
26    company which are conducted by a public utility;

 

 

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1        (6) sites or facilities used by any person to
2    specifically conduct a landscape composting operation;
3        (7) regional facilities as defined in the Central
4    Midwest Interstate Low-Level Radioactive Waste Compact;
5        (8) the portion of a site or facility where coal
6    combustion wastes are stored or disposed of in accordance
7    with subdivision (r)(2) or (r)(3) of Section 21;
8        (9) the portion of a site or facility used for the
9    collection, storage or processing of waste tires as defined
10    in Title XIV;
11        (10) the portion of a site or facility used for
12    treatment of petroleum contaminated materials by
13    application onto or incorporation into the soil surface and
14    any portion of that site or facility used for storage of
15    petroleum contaminated materials before treatment. Only
16    those categories of petroleum listed in Section 57.9(a)(3)
17    are exempt under this subdivision (10);
18        (11) the portion of a site or facility where used oil
19    is collected or stored prior to shipment to a recycling or
20    energy recovery facility, provided that the used oil is
21    generated by households or commercial establishments, and
22    the site or facility is a recycling center or a business
23    where oil or gasoline is sold at retail;
24        (11.5) processing sites or facilities that receive
25    only on-specification used oil, as defined in 35 Ill.
26    Admin. Code 739, originating from used oil collectors for

 

 

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1    processing that is managed under 35 Ill. Admin. Code 739 to
2    produce products for sale to off-site petroleum
3    facilities, if these processing sites or facilities are:
4    (i) located within a home rule unit of local government
5    with a population of at least 30,000 according to the 2000
6    federal census, that home rule unit of local government has
7    been designated as an Urban Round II Empowerment Zone by
8    the United States Department of Housing and Urban
9    Development, and that home rule unit of local government
10    has enacted an ordinance approving the location of the site
11    or facility and provided funding for the site or facility;
12    and (ii) in compliance with all applicable zoning
13    requirements;
14        (12) the portion of a site or facility utilizing coal
15    combustion waste for stabilization and treatment of only
16    waste generated on that site or facility when used in
17    connection with response actions pursuant to the federal
18    Comprehensive Environmental Response, Compensation, and
19    Liability Act of 1980, the federal Resource Conservation
20    and Recovery Act of 1976, or the Illinois Environmental
21    Protection Act or as authorized by the Agency;
22        (13) the portion of a site or facility that (i) accepts
23    exclusively general construction or demolition debris,
24    (ii) is located in a county with a population over
25    3,000,000 as of January 1, 2000 or in a county that is
26    contiguous to such a county, and (iii) is operated and

 

 

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1    located in accordance with Section 22.38 of this Act;
2        (14) the portion of a site or facility, located within
3    a unit of local government that has enacted local zoning
4    requirements, used to accept, separate, and process
5    uncontaminated broken concrete, with or without protruding
6    metal bars, provided that the uncontaminated broken
7    concrete and metal bars are not speculatively accumulated,
8    are at the site or facility no longer than one year after
9    their acceptance, and are returned to the economic
10    mainstream in the form of raw materials or products;
11        (15) the portion of a site or facility located in a
12    county with a population over 3,000,000 that has obtained
13    local siting approval under Section 39.2 of this Act for a
14    municipal waste incinerator on or before July 1, 2005 and
15    that is used for a non-hazardous waste transfer station;
16        (16) a site or facility that temporarily holds in
17    transit for 10 days or less, non-putrescible
18    non-petruscible solid waste in original containers, no
19    larger in capacity than 500 gallons, provided that such
20    waste is further transferred to a recycling, disposal,
21    treatment, or storage facility on a non-contiguous site and
22    provided such site or facility complies with the applicable
23    10-day transfer requirements of the federal Resource
24    Conservation and Recovery Act of 1976 and United States
25    Department of Transportation hazardous material
26    requirements. For purposes of this Section only,

 

 

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1    "non-putrescible non-petruscible solid waste" means waste
2    other than municipal garbage that does not rot or become
3    putrid, including, but not limited to, paints, solvent,
4    filters, and absorbents;
5        (17) the portion of a site or facility located in a
6    county with a population greater than 3,000,000 that has
7    obtained local siting approval, under Section 39.2 of this
8    Act, for a municipal waste incinerator on or before July 1,
9    2005 and that is used for wood combustion facilities for
10    energy recovery that accept and burn only wood material, as
11    included in a fuel specification approved by the Agency;
12        (18) a transfer station used exclusively for landscape
13    waste, including a transfer station where landscape waste
14    is ground to reduce its volume, where the landscape waste
15    is held no longer than 24 hours from the time it was
16    received;
17        (19) the portion of a site or facility that (i) is used
18    for the composting of food scrap, livestock waste, crop
19    residue, uncontaminated wood waste, or paper waste,
20    including, but not limited to, corrugated paper or
21    cardboard, and (ii) meets all of the following
22    requirements:
23            (A) There must not be more than a total of 30,000
24        cubic yards of livestock waste in raw form or in the
25        process of being composted at the site or facility at
26        any one time.

 

 

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1            (B) All food scrap, livestock waste, crop residue,
2        uncontaminated wood waste, and paper waste must, by the
3        end of each operating day, be processed and placed into
4        an enclosed vessel in which air flow and temperature
5        are controlled, or all of the following additional
6        requirements must be met:
7                (i) The portion of the site or facility used
8            for the composting operation must include a
9            setback of at least 200 feet from the nearest
10            potable water supply well.
11                (ii) The portion of the site or facility used
12            for the composting operation must be located
13            outside the boundary of the 10-year floodplain or
14            floodproofed.
15                (iii) The portion of the site or facility used
16            for the composting operation must be located at
17            least one-eighth of a mile from the nearest
18            residence, other than a residence located on the
19            same property as the site or facility.
20                (iv) The portion of the site or facility used
21            for the composting operation must be located at
22            least one-eighth of a mile from the property line
23            of all of the following areas:
24                    (I) Facilities that primarily serve to
25                house or treat people that are
26                immunocompromised or immunosuppressed, such as

 

 

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1                cancer or AIDS patients; people with asthma,
2                cystic fibrosis, or bioaerosol allergies; or
3                children under the age of one year.
4                    (II) Primary and secondary schools and
5                adjacent areas that the schools use for
6                recreation.
7                    (III) Any facility for child care licensed
8                under Section 3 of the Child Care Act of 1969;
9                preschools; and adjacent areas that the
10                facilities or preschools use for recreation.
11                (v) By the end of each operating day, all food
12            scrap, livestock waste, crop residue,
13            uncontaminated wood waste, and paper waste must be
14            (i) processed into windrows or other piles and (ii)
15            covered in a manner that prevents scavenging by
16            birds and animals and that prevents other
17            nuisances.
18            (C) Food scrap, livestock waste, crop residue,
19        uncontaminated wood waste, paper waste, and compost
20        must not be placed within 5 feet of the water table.
21            (D) The site or facility must meet all of the
22        requirements of the Wild and Scenic Rivers Act (16
23        U.S.C. 1271 et seq.).
24            (E) The site or facility must not (i) restrict the
25        flow of a 100-year flood, (ii) result in washout of
26        food scrap, livestock waste, crop residue,

 

 

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1        uncontaminated wood waste, or paper waste from a
2        100-year flood, or (iii) reduce the temporary water
3        storage capacity of the 100-year floodplain, unless
4        measures are undertaken to provide alternative storage
5        capacity, such as by providing lagoons, holding tanks,
6        or drainage around structures at the facility.
7            (F) The site or facility must not be located in any
8        area where it may pose a threat of harm or destruction
9        to the features for which:
10                (i) an irreplaceable historic or
11            archaeological site has been listed under the
12            National Historic Preservation Act (16 U.S.C. 470
13            et seq.) or the Illinois Historic Preservation
14            Act;
15                (ii) a natural landmark has been designated by
16            the National Park Service or the Illinois State
17            Historic Preservation Office; or
18                (iii) a natural area has been designated as a
19            Dedicated Illinois Nature Preserve under the
20            Illinois Natural Areas Preservation Act.
21            (G) The site or facility must not be located in an
22        area where it may jeopardize the continued existence of
23        any designated endangered species, result in the
24        destruction or adverse modification of the critical
25        habitat for such species, or cause or contribute to the
26        taking of any endangered or threatened species of

 

 

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1        plant, fish, or wildlife listed under the Endangered
2        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
3        Endangered Species Protection Act; and
4        (20) the portion of a site or facility that is located
5    entirely within a home rule unit having a population of no
6    less than 120,000 and no more than 135,000, according to
7    the 2000 federal census, and that meets all of the
8    following requirements:
9                (i) the portion of the site or facility is used
10            exclusively to perform testing of a thermochemical
11            conversion technology using only woody biomass,
12            collected as landscape waste within the boundaries
13            of the home rule unit, as the hydrocarbon feedstock
14            for the production of synthetic gas in accordance
15            with Section 39.9 of this Act;
16                (ii) the portion of the site or facility is in
17            compliance with all applicable zoning
18            requirements; and
19                (iii) a complete application for a
20            demonstration permit at the portion of the site or
21            facility has been submitted to the Agency in
22            accordance with Section 39.9 of this Act within one
23            year after July 27, 2010 (the effective date of
24            Public Act 96-1314); this amendatory Act of the
25            96th General Assembly
26        (21) (19) the portion of a site or facility used to

 

 

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1    perform limited testing of a gasification conversion
2    technology in accordance with Section 39.8 of this Act and
3    for which a complete permit application has been submitted
4    to the Agency prior to one year from April 9, 2010 (the
5    effective date of Public Act 96-887); and this amendatory
6    Act of the 96th General Assembly.
7        (22) the portion of a site or facility that is used, in
8    accordance with Section 17.9A and the rules adopted by the
9    Agency under that Section, to incinerate only
10    pharmaceuticals from residential sources that are in the
11    possession or control of a law enforcement agency.
12    (b) A new pollution control facility is:
13        (1) a pollution control facility initially permitted
14    for development or construction after July 1, 1981; or
15        (2) the area of expansion beyond the boundary of a
16    currently permitted pollution control facility; or
17        (3) a permitted pollution control facility requesting
18    approval to store, dispose of, transfer or incinerate, for
19    the first time, any special or hazardous waste.
20(Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08;
2195-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff.
228-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; 96-887,
23eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff. 7-16-10;
2496-1314, eff. 7-27-10; revised 9-2-10.)
 
25    (415 ILCS 5/17.9A new)

 

 

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1    Sec. 17.9A. Incineration of pharmaceuticals by law
2enforcement agency.
3    (a) Notwithstanding any other provision of this Act, a law
4enforcement agency may collect pharmaceuticals from
5residential sources and incinerate the collected
6pharmaceuticals in a manner consistent with rules adopted by
7the Agency. The Agency shall adopt rules to implement this
8Section as soon as practical after the effective date of this
9Section. For the purposes of this Section, "law enforcement
10agency" means an agency of the State or unit of local
11government which is vested by law or ordinance with the duty to
12maintain public order and to enforce criminal laws.
13    (b) The Prescription Pill and Drug Disposal Fund is created
14as a special fund in the State treasury. Moneys in the Fund
15shall be used for grants by the Illinois Criminal Justice
16Information Authority to local law enforcement agencies for the
17purpose of facilitating the collection and incineration of
18pharmaceuticals from residential sources as provided under
19this Section. Interest attributable to moneys in the Fund shall
20be returned to the Fund.
 
21    Section 15. The Unified Code of Corrections is amended by
22changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 
23    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
24    (Text of Section from P.A. 94-550, 96-132, and 96-402)

 

 

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1    Sec. 5-9-1.1. Drug related offenses.
2    (a) When a person has been adjudged guilty of a drug
3related offense involving possession or delivery of cannabis or
4possession or delivery of a controlled substance, other than
5methamphetamine, as defined in the Cannabis Control Act, as
6amended, or the Illinois Controlled Substances Act, as amended,
7in addition to any other penalty imposed, a fine shall be
8levied by the court at not less than the full street value of
9the cannabis or controlled substances seized.
10    "Street value" shall be determined by the court on the
11basis of testimony of law enforcement personnel and the
12defendant as to the amount seized and such testimony as may be
13required by the court as to the current street value of the
14cannabis or controlled substance seized.
15    (b) In addition to any penalty imposed under subsection (a)
16of this Section, a fine of $100 shall be levied by the court,
17the proceeds of which shall be collected by the Circuit Clerk
18and remitted to the State Treasurer under Section 27.6 of the
19Clerks of Courts Act for deposit into the Trauma Center Fund
20for distribution as provided under Section 3.225 of the
21Emergency Medical Services (EMS) Systems Act.
22    (c) In addition to any penalty imposed under subsection (a)
23of this Section, a fee of $5 shall be assessed by the court,
24the proceeds of which shall be collected by the Circuit Clerk
25and remitted to the State Treasurer under Section 27.6 of the
26Clerks of Courts Act for deposit into the Spinal Cord Injury

 

 

09700HB2056ham001- 14 -LRB097 07029 JDS 53025 a

1Paralysis Cure Research Trust Fund. This additional fee of $5
2shall not be considered a part of the fine for purposes of any
3reduction in the fine for time served either before or after
4sentencing.
5    (d) In addition to any penalty imposed under subsection (a)
6of this Section for a drug related offense involving possession
7or delivery of cannabis or possession or delivery of a
8controlled substance as defined in the Cannabis Control Act,
9the Illinois Controlled Substances Act, or the Methamphetamine
10Control and Community Protection Act, a fee of $50 shall be
11assessed by the court, the proceeds of which shall be collected
12by the Circuit Clerk and remitted to the State Treasurer under
13Section 27.6 of the Clerks of Courts Act for deposit into the
14Performance-enhancing Substance Testing Fund. This additional
15fee of $50 shall not be considered a part of the fine for
16purposes of any reduction in the fine for time served either
17before or after sentencing. The provisions of this subsection
18(d), other than this sentence, are inoperative after June 30,
192011.
20    (e) (d) In addition to any penalty imposed under subsection
21(a) of this Section, a $25 assessment shall be assessed by the
22court, the proceeds of which shall be collected by the Circuit
23Clerk and remitted to the State Treasurer for deposit into the
24State Police Services Fund and shall be used for grants by the
25Department of State Police to drug task forces and Metropolitan
26Enforcement Groups in accordance with the Intergovernmental

 

 

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1Drug Laws Enforcement Act.
2    (f) In addition to any penalty imposed under subsection (a)
3of this Section, a $20 assessment shall be assessed by the
4court, the proceeds of which shall be collected by the Circuit
5Clerk. Of the collected proceeds, 95% shall be remitted to the
6State Treasurer for deposit into the Prescription Pill and Drug
7Disposal Fund, and the Circuit Clerk shall retain 5% for
8deposit into the Circuit Court Clerk Operation and
9Administrative Fund for the costs associated with
10administering this subsection.
11(Source: P.A. 94-550, eff. 1-1-06; 96-132, eff. 8-7-09; 96-402,
12eff. 1-1-10, revised 10-6-09.)
 
13    (Text of Section from P.A. 94-556, 96-132, and 96-402)
14    Sec. 5-9-1.1. Drug related offenses.
15    (a) When a person has been adjudged guilty of a drug
16related offense involving possession or delivery of cannabis or
17possession or delivery of a controlled substance as defined in
18the Cannabis Control Act, the Illinois Controlled Substances
19Act, or the Methamphetamine Control and Community Protection
20Act, in addition to any other penalty imposed, a fine shall be
21levied by the court at not less than the full street value of
22the cannabis or controlled substances seized.
23    "Street value" shall be determined by the court on the
24basis of testimony of law enforcement personnel and the
25defendant as to the amount seized and such testimony as may be

 

 

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1required by the court as to the current street value of the
2cannabis or controlled substance seized.
3    (b) In addition to any penalty imposed under subsection (a)
4of this Section, a fine of $100 shall be levied by the court,
5the proceeds of which shall be collected by the Circuit Clerk
6and remitted to the State Treasurer under Section 27.6 of the
7Clerks of Courts Act for deposit into the Trauma Center Fund
8for distribution as provided under Section 3.225 of the
9Emergency Medical Services (EMS) Systems Act.
10    (c) In addition to any penalty imposed under subsection (a)
11of this Section, a fee of $5 shall be assessed by the court,
12the proceeds of which shall be collected by the Circuit Clerk
13and remitted to the State Treasurer under Section 27.6 of the
14Clerks of Courts Act for deposit into the Spinal Cord Injury
15Paralysis Cure Research Trust Fund. This additional fee of $5
16shall not be considered a part of the fine for purposes of any
17reduction in the fine for time served either before or after
18sentencing.
19    (d) In addition to any penalty imposed under subsection (a)
20of this Section for a drug related offense involving possession
21or delivery of cannabis or possession or delivery of a
22controlled substance as defined in the Cannabis Control Act,
23the Illinois Controlled Substances Act, or the Methamphetamine
24Control and Community Protection Act, a fee of $50 shall be
25assessed by the court, the proceeds of which shall be collected
26by the Circuit Clerk and remitted to the State Treasurer under

 

 

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1Section 27.6 of the Clerks of Courts Act for deposit into the
2Performance-enhancing Substance Testing Fund. This additional
3fee of $50 shall not be considered a part of the fine for
4purposes of any reduction in the fine for time served either
5before or after sentencing. The provisions of this subsection
6(d), other than this sentence, are inoperative after June 30,
72011.
8    (e) (d) In addition to any penalty imposed under subsection
9(a) of this Section, a $25 assessment shall be assessed by the
10court, the proceeds of which shall be collected by the Circuit
11Clerk and remitted to the State Treasurer for deposit into the
12State Police Services Fund and shall be used for grants by the
13Department of State Police to drug task forces and Metropolitan
14Enforcement Groups in accordance with the Intergovernmental
15Drug Laws Enforcement Act.
16    (f) In addition to any penalty imposed under subsection (a)
17of this Section, a $20 assessment shall be assessed by the
18court, the proceeds of which shall be collected by the Circuit
19Clerk. Of the collected proceeds, 95% shall be remitted to the
20State Treasurer for deposit into the Prescription Pill and Drug
21Disposal Fund, and the Circuit Clerk shall retain 5% for
22deposit into the Circuit Court Clerk Operation and
23Administrative Fund for the costs associated with
24administering this subsection.
25(Source: P.A. 94-556, eff. 9-11-05; 96-132, eff. 8-7-09;
2696-402, eff. 1-1-10, revised 10-6-09.)
 

 

 

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1    (730 ILCS 5/5-9-1.1-5)
2    Sec. 5-9-1.1-5. Methamphetamine related offenses.
3    (a) When a person has been adjudged guilty of a
4methamphetamine related offense involving possession or
5delivery of methamphetamine or any salt of an optical isomer of
6methamphetamine or possession of a methamphetamine
7manufacturing material as set forth in Section 10 of the
8Methamphetamine Control and Community Protection Act with the
9intent to manufacture a substance containing methamphetamine
10or salt of an optical isomer of methamphetamine, in addition to
11any other penalty imposed, a fine shall be levied by the court
12at not less than the full street value of the methamphetamine
13or salt of an optical isomer of methamphetamine or
14methamphetamine manufacturing materials seized.
15    "Street value" shall be determined by the court on the
16basis of testimony of law enforcement personnel and the
17defendant as to the amount seized and such testimony as may be
18required by the court as to the current street value of the
19methamphetamine or salt of an optical isomer of methamphetamine
20or methamphetamine manufacturing materials seized.
21    (b) In addition to any penalty imposed under subsection (a)
22of this Section, a fine of $100 shall be levied by the court,
23the proceeds of which shall be collected by the Circuit Clerk
24and remitted to the State Treasurer under Section 27.6 of the
25Clerks of Courts Act for deposit into the Methamphetamine Law

 

 

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1Enforcement Fund and allocated as provided in subsection (d) of
2Section 5-9-1.2.
3    (c) In addition to any penalty imposed under subsection (a)
4of this Section, a $25 assessment shall be assessed by the
5court, the proceeds of which shall be collected by the Circuit
6Clerk and remitted to the State Treasurer for deposit into the
7Drug Traffic Prevention Fund. The moneys deposited into the
8Drug Traffic Prevention Fund pursuant to this Section shall be
9appropriated to and administered by the Department of State
10Police for funding of drug task forces and Metropolitan
11Enforcement Groups in accordance with the Intergovernmental
12Drug Laws Enforcement Act.
13    (d) In addition to any penalty imposed under subsection (a)
14of this Section, a $20 assessment shall be assessed by the
15court, the proceeds of which shall be collected by the Circuit
16Clerk. Of the collected proceeds, 95% shall be remitted to the
17State Treasurer for deposit into the Prescription Pill and Drug
18Disposal Fund, and the Circuit Clerk shall retain 5% for
19deposit into the Circuit Court Clerk Operation and
20Administrative Fund for the costs associated with
21administering this subsection.
22(Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10;
2396-1000, eff. 7-2-10; 96-1234, eff. 7-23-10.)".