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Public Act 097-0545
Public Act 0545 97TH GENERAL ASSEMBLY
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Public Act 097-0545
| | HB2056 Enrolled | LRB097 07029 JDS 47122 b |
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| AN ACT concerning safety.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 2. The Illinois Criminal Justice Information Act is | amended by adding Section 9.3 as follows:
| (20 ILCS 3930/9.3 new) | Sec. 9.3. The Prescription Pill and Drug Disposal Fund. The | Prescription Pill and Drug Disposal Fund is created as a | special fund in the State treasury. Moneys in the Fund shall be | used for grants by the Illinois Criminal Justice Information | Authority to local law enforcement agencies for the purpose of | facilitating the collection, transportation, and incineration | of pharmaceuticals from residential sources that are collected | and transported by law enforcement agencies under Section 17.9A | of the Environmental Protection Act. Before awarding a grant | from this Fund but no later than July 1, 2012, the Authority | shall adopt rules that (i) specify the conditions under which | grants will be awarded from this Fund and (ii) otherwise | provide for the implementation and administration of the grant | program created by this Section. Interest attributable to | moneys in the Fund shall be paid into the Fund.
| Section 5. The State Finance Act is amended by adding |
| Section 5.786 as follows:
| (30 ILCS 105/5.786 new) | Sec. 5.786. The Prescription Pill and Drug Disposal Fund.
| Section 10. The Environmental Protection Act is amended by | changing Section 3.330 and by adding Section 17.9A as follows:
| (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
| Sec. 3.330. Pollution control facility.
| (a) "Pollution control facility" is any waste storage site, | sanitary
landfill, waste disposal site, waste transfer | station, waste treatment
facility, or waste incinerator. This | includes sewers, sewage treatment
plants, and any other | facilities owned or operated by sanitary districts
organized | under the Metropolitan Water Reclamation District Act.
| The following are not pollution control facilities:
| (1) (blank);
| (2) waste storage sites regulated under 40 CFR, Part | 761.42;
| (3) sites or facilities used by any person conducting a | waste storage,
waste treatment, waste disposal, waste | transfer or waste incineration
operation, or a combination | thereof, for wastes generated by such person's
own | activities, when such wastes are stored, treated, disposed | of,
transferred or incinerated within the site or facility |
| owned, controlled or
operated by such person, or when such | wastes are transported within or
between sites or | facilities owned, controlled or operated by such person;
| (4) sites or facilities at which the State is | performing removal or
remedial action pursuant to Section | 22.2 or 55.3;
| (5) abandoned quarries used solely for the disposal of | concrete, earth
materials, gravel, or aggregate debris | resulting from road construction
activities conducted by a | unit of government or construction activities due
to the | construction and installation of underground pipes, lines, | conduit
or wires off of the premises of a public utility | company which are
conducted by a public utility;
| (6) sites or facilities used by any person to | specifically conduct a
landscape composting operation;
| (7) regional facilities as defined in the Central | Midwest Interstate
Low-Level Radioactive Waste Compact;
| (8) the portion of a site or facility where coal | combustion wastes are
stored or disposed of in accordance | with subdivision (r)(2) or (r)(3) of
Section 21;
| (9) the portion of a site or facility used for the | collection,
storage or processing of waste tires as defined | in Title XIV;
| (10) the portion of a site or facility used for | treatment of
petroleum contaminated materials by | application onto or incorporation into
the soil surface and |
| any portion of that site or facility used for storage
of | petroleum contaminated materials before treatment. Only | those categories
of petroleum listed in Section
57.9(a)(3) | are exempt under this subdivision (10);
| (11) the portion of a site or facility where used oil | is collected or
stored prior to shipment to a recycling or | energy recovery facility, provided
that the used oil is | generated by households or commercial establishments, and
| the site or facility is a recycling center or a business | where oil or gasoline
is sold at retail; | (11.5) processing sites or facilities that receive | only on-specification used oil, as defined in 35 Ill. | Admin. Code 739, originating from used oil collectors for | processing that is managed under 35 Ill. Admin. Code 739 to | produce products for sale to off-site petroleum | facilities, if these processing sites or facilities are: | (i) located within a home rule unit of local government | with a population of at least 30,000 according to the 2000 | federal census, that home rule unit of local government has | been designated as an Urban Round II Empowerment Zone by | the United States Department of Housing and Urban | Development, and that home rule unit of local government | has enacted an ordinance approving the location of the site | or facility and provided funding for the site or facility; | and (ii) in compliance with all applicable zoning | requirements;
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| (12) the portion of a site or facility utilizing coal | combustion waste
for stabilization and treatment of only | waste generated on that site or
facility when used in | connection with response actions pursuant to the federal
| Comprehensive Environmental Response, Compensation, and | Liability Act of 1980,
the federal Resource Conservation | and Recovery Act of 1976, or the Illinois
Environmental | Protection Act or as authorized by the Agency;
| (13) the portion of a site or facility that (i) accepts | exclusively general
construction or demolition debris, | (ii) is located in a county with a population over
| 3,000,000 as of January 1, 2000 or in a county that is | contiguous to such a county, and (iii) is operated and | located in accordance with Section 22.38 of this Act; | (14) the portion of a site or facility, located within | a unit of local government that has enacted local zoning | requirements, used to accept, separate, and process | uncontaminated broken concrete, with or without protruding | metal bars, provided that the uncontaminated broken | concrete and metal bars are not speculatively accumulated, | are at the site or facility no longer than one year after | their acceptance, and are returned to the economic | mainstream in the form of raw materials or products;
| (15) the portion of a site or facility located in a | county with a population over 3,000,000 that has obtained | local siting approval under Section 39.2 of this Act for a |
| municipal waste incinerator on or before July 1, 2005 and | that is used for a non-hazardous waste transfer station;
| (16) a site or facility that temporarily holds in | transit for 10 days or less, non-putrescible | non-petruscible solid waste in original containers, no | larger in capacity than 500 gallons, provided that such | waste is further transferred to a recycling, disposal, | treatment, or storage facility on a non-contiguous site and | provided such site or facility complies with the applicable | 10-day transfer requirements of the federal Resource | Conservation and Recovery Act of 1976 and United States | Department of Transportation hazardous material | requirements. For purposes of this Section only, | "non-putrescible non-petruscible solid waste" means waste | other than municipal garbage that does not rot or become | putrid, including, but not limited to, paints, solvent, | filters, and absorbents;
| (17)
the portion of a site or facility located in a | county with a population greater than 3,000,000 that has | obtained local siting approval, under Section 39.2 of this | Act, for a municipal waste incinerator on or before July 1, | 2005 and that is used for wood combustion facilities for | energy recovery that accept and burn only wood material, as | included in a fuel specification approved by the Agency;
| (18)
a transfer station used exclusively for landscape | waste, including a transfer station where landscape waste |
| is ground to reduce its volume, where the landscape waste | is held no longer than 24 hours from the time it was | received; | (19) the portion of a site or facility that (i) is used | for the composting of food scrap, livestock waste, crop | residue, uncontaminated wood waste, or paper waste, | including, but not limited to, corrugated paper or | cardboard, and (ii) meets all of the following | requirements: | (A) There must not be more than a total of 30,000 | cubic yards of livestock waste in raw form or in the | process of being composted at the site or facility at | any one time. | (B) All food scrap, livestock waste, crop residue, | uncontaminated wood waste, and paper waste must, by the | end of each operating day, be processed and placed into | an enclosed vessel in which air flow and temperature | are controlled, or all of the following additional | requirements must be met: | (i) The portion of the site or facility used | for the composting operation must include a | setback of at least 200 feet from the nearest | potable water supply well. | (ii) The portion of the site or facility used | for the composting operation must be located | outside the boundary of the 10-year floodplain or |
| floodproofed. | (iii) The portion of the site or facility used | for the composting operation must be located at | least one-eighth of a mile from the nearest | residence, other than a residence located on the | same property as the site or facility. | (iv) The portion of the site or facility used | for the composting operation must be located at | least one-eighth of a mile from the property line | of all of the following areas: | (I) Facilities that primarily serve to | house or treat people that are | immunocompromised or immunosuppressed, such as | cancer or AIDS patients; people with asthma, | cystic fibrosis, or bioaerosol allergies; or | children under the age of one year. | (II) Primary and secondary schools and | adjacent areas that the schools use for | recreation. | (III) Any facility for child care licensed | under Section 3 of the Child Care Act of 1969; | preschools; and adjacent areas that the | facilities or preschools use for recreation. | (v) By the end of each operating day, all food | scrap, livestock waste, crop residue, | uncontaminated wood waste, and paper waste must be |
| (i) processed into windrows or other piles and (ii) | covered in a manner that prevents scavenging by | birds and animals and that prevents other | nuisances. | (C) Food scrap, livestock waste, crop residue, | uncontaminated wood waste, paper waste, and compost | must not be placed within 5 feet of the water table. | (D) The site or facility must meet all of the | requirements of the Wild and Scenic Rivers Act (16 | U.S.C. 1271 et seq.). | (E) The site or facility must not (i) restrict the | flow of a 100-year flood, (ii) result in washout of | food scrap, livestock waste, crop residue, | uncontaminated wood waste, or paper waste from a | 100-year flood, or (iii) reduce the temporary water | storage capacity of the 100-year floodplain, unless | measures are undertaken to provide alternative storage | capacity, such as by providing lagoons, holding tanks, | or drainage around structures at the facility. | (F) The site or facility must not be located in any | area where it may pose a threat of harm or destruction | to the features for which: | (i) an irreplaceable historic or | archaeological site has been listed under the | National Historic Preservation Act (16 U.S.C. 470 | et seq.) or the Illinois Historic Preservation |
| Act; | (ii) a natural landmark has been designated by | the National Park Service or the Illinois State | Historic Preservation Office; or | (iii) a natural area has been designated as a | Dedicated Illinois Nature Preserve under the | Illinois Natural Areas Preservation Act. | (G) The site or facility must not be located in an | area where it may jeopardize the continued existence of | any designated endangered species, result in the | destruction or adverse modification of the critical | habitat for such species, or cause or contribute to the | taking of any endangered or threatened species of | plant, fish, or wildlife listed under the Endangered | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | Endangered Species Protection Act; and | (20) the portion of a site or facility that is located | entirely within a home rule unit having a population of no | less than 120,000 and no more than 135,000, according to | the 2000 federal census, and that meets all of the | following requirements: | (i) the portion of the site or facility is used | exclusively to perform testing of a thermochemical | conversion technology using only woody biomass, | collected as landscape waste within the boundaries | of the home rule unit, as the hydrocarbon feedstock |
| for the production of synthetic gas in accordance | with Section 39.9 of this Act; | (ii) the portion of the site or facility is in | compliance with all applicable zoning | requirements; and | (iii) a complete application for a | demonstration permit at the portion of the site or | facility has been submitted to the Agency in | accordance with Section 39.9 of this Act within one | year after July 27, 2010 (the effective date of | Public Act 96-1314); this amendatory Act of the | 96th General Assembly | (21) (19) the portion of a site or facility used to | perform limited testing of a gasification conversion | technology in accordance with Section 39.8 of this Act and | for which a complete permit application has been submitted | to the Agency prior to one year from April 9, 2010 (the | effective date of Public Act 96-887); and this amendatory | Act of the 96th General Assembly.
| (22) the portion of a site or facility that is used to | incinerate only pharmaceuticals from residential sources | that are collected and transported by law enforcement | agencies under Section 17.9A of this Act. | (b) A new pollution control facility is:
| (1) a pollution control facility initially permitted | for development or
construction after July 1, 1981; or
|
| (2) the area of expansion beyond the boundary of a | currently permitted
pollution control facility; or
| (3) a permitted pollution control facility requesting | approval to
store, dispose of, transfer or incinerate, for | the first time, any special
or hazardous waste.
| (Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; | 95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. | 8-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; 96-887, | eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff. 7-16-10; | 96-1314, eff. 7-27-10; revised 9-2-10.)
| (415 ILCS 5/17.9A new) | Sec. 17.9A. Collection and transportation of | pharmaceuticals by law enforcement agencies. Notwithstanding | any other provision of this Act, to the extent allowed by | federal law, a law enforcement agency may collect | pharmaceuticals from residential sources and transport them to | an incinerator permitted by the Agency to be incinerated in | accordance with the permit, permit conditions, this Act, and | rules adopted under this Act. For the purposes of this Section, | "law enforcement agency" means an agency of the State or of a | unit of local of government which is vested by law or ordinance | with the duty to maintain public order and to enforce criminal | laws.
| Section 15. The Unified Code of Corrections is amended by |
| changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
| (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
| (Text of Section from P.A. 94-550, 96-132, and 96-402)
| Sec. 5-9-1.1. Drug related offenses.
| (a) When a person has been adjudged guilty of a drug | related
offense involving possession or delivery of cannabis or | possession or delivery
of a controlled substance, other than | methamphetamine, as defined in the Cannabis Control Act, as | amended,
or the Illinois Controlled Substances Act, as amended, | in addition to any
other penalty imposed, a fine shall be | levied by the court at not less than
the full street value of | the cannabis or controlled substances seized.
| "Street value" shall be determined by the court on the | basis of testimony
of law enforcement personnel and the | defendant as to the amount seized and
such testimony as may be | required by the court as to the current street
value of the | cannabis or controlled substance seized.
| (b) In addition to any penalty imposed under subsection (a) | of this
Section, a fine of
$100 shall be levied by the court, | the proceeds of which
shall be collected by the Circuit Clerk | and remitted to the State Treasurer
under Section 27.6 of the | Clerks of Courts Act
for deposit into the Trauma
Center Fund | for distribution as provided under Section 3.225 of the | Emergency
Medical Services (EMS) Systems Act.
| (c) In addition to any penalty imposed under subsection (a) |
| of this
Section, a fee of $5 shall be assessed by the court, | the proceeds of which
shall be collected by the Circuit Clerk | and remitted to the State Treasurer
under Section 27.6 of the | Clerks of Courts Act for deposit into the Spinal Cord
Injury | Paralysis Cure Research Trust Fund.
This additional fee of $5 | shall not be considered a part of the fine for
purposes of any | reduction in the fine for time served either before or after
| sentencing.
| (d) In addition to any penalty imposed under subsection (a) | of this
Section for a drug related
offense involving possession | or delivery
of cannabis or possession or delivery of a | controlled substance as defined in the Cannabis Control Act, | the Illinois Controlled Substances Act, or the Methamphetamine | Control and Community Protection Act, a fee of $50 shall be | assessed by the court, the proceeds of which
shall be collected | by the Circuit Clerk and remitted to the State Treasurer
under | Section 27.6 of the Clerks of Courts Act for deposit into the | Performance-enhancing Substance Testing Fund.
This additional | fee of $50 shall not be considered a part of the fine for
| purposes of any reduction in the fine for time served either | before or after
sentencing. The provisions of this subsection | (d), other than this sentence, are inoperative after June 30, | 2011. | (e) (d) In addition to any penalty imposed under subsection | (a) of this
Section, a $25 assessment shall be assessed by the | court, the proceeds of which
shall be collected by the Circuit |
| Clerk and remitted to the State Treasurer for deposit into the | State Police Services Fund and shall be used for grants by the | Department of State Police to drug task forces and Metropolitan | Enforcement Groups in accordance with the Intergovernmental | Drug Laws Enforcement Act. | (f) In addition to any penalty imposed under subsection (a) | of this
Section, a $20 assessment shall be assessed by the | court, the proceeds of which
shall be collected by the Circuit | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | the State Treasurer for deposit into the Prescription Pill and | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | the Criminal Justice Information Projects Fund, for use by the | Illinois Criminal Justice Information Authority for the costs | associated with making grants from the Prescription Pill and | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | for deposit into the Circuit Court Clerk Operation and | Administrative Fund for the costs associated with | administering this subsection. | (Source: P.A. 94-550, eff. 1-1-06; 96-132, eff. 8-7-09; 96-402, | eff. 1-1-10, revised 10-6-09.)
| (Text of Section from P.A. 94-556, 96-132, and 96-402)
| Sec. 5-9-1.1. Drug related offenses.
| (a) When a person has been adjudged guilty of a drug | related
offense involving possession or delivery of cannabis or | possession or delivery
of a controlled substance as defined in |
| the Cannabis Control Act, the Illinois Controlled Substances | Act, or the Methamphetamine Control and Community Protection | Act, in addition to any
other penalty imposed, a fine shall be | levied by the court at not less than
the full street value of | the cannabis or controlled substances seized.
| "Street value" shall be determined by the court on the | basis of testimony
of law enforcement personnel and the | defendant as to the amount seized and
such testimony as may be | required by the court as to the current street
value of the | cannabis or controlled substance seized.
| (b) In addition to any penalty imposed under subsection (a) | of this
Section, a fine of $100 shall be levied by the court, | the proceeds of which
shall be collected by the Circuit Clerk | and remitted to the State Treasurer
under Section 27.6 of the | Clerks of Courts Act for deposit into the Trauma
Center Fund | for distribution as provided under Section 3.225 of the | Emergency
Medical Services (EMS) Systems Act.
| (c) In addition to any penalty imposed under subsection (a) | of this
Section, a fee of $5 shall be assessed by the court, | the proceeds of which
shall be collected by the Circuit Clerk | and remitted to the State Treasurer
under Section 27.6 of the | Clerks of Courts Act for deposit into the Spinal Cord
Injury | Paralysis Cure Research Trust Fund.
This additional fee of $5 | shall not be considered a part of the fine for
purposes of any | reduction in the fine for time served either before or after
| sentencing.
|
| (d) In addition to any penalty imposed under subsection (a) | of this
Section for a drug related
offense involving possession | or delivery
of cannabis or possession or delivery of a | controlled substance as defined in the Cannabis Control Act, | the Illinois Controlled Substances Act, or the Methamphetamine | Control and Community Protection Act, a fee of $50 shall be | assessed by the court, the proceeds of which
shall be collected | by the Circuit Clerk and remitted to the State Treasurer
under | Section 27.6 of the Clerks of Courts Act for deposit into the | Performance-enhancing Substance Testing Fund.
This additional | fee of $50 shall not be considered a part of the fine for
| purposes of any reduction in the fine for time served either | before or after
sentencing. The provisions of this subsection | (d), other than this sentence, are inoperative after June 30, | 2011. | (e) (d) In addition to any penalty imposed under subsection | (a) of this
Section, a $25 assessment shall be assessed by the | court, the proceeds of which
shall be collected by the Circuit | Clerk and remitted to the State Treasurer for deposit into the | State Police Services Fund and shall be used for grants by the | Department of State Police to drug task forces and Metropolitan | Enforcement Groups in accordance with the Intergovernmental | Drug Laws Enforcement Act. | (f) In addition to any penalty imposed under subsection (a) | of this
Section, a $20 assessment shall be assessed by the | court, the proceeds of which
shall be collected by the Circuit |
| Clerk. Of the collected proceeds, (i) 90% shall be remitted to | the State Treasurer for deposit into the Prescription Pill and | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | the Criminal Justice Information Projects Fund, for use by the | Illinois Criminal Justice Information Authority for the costs | associated with making grants from the Prescription Pill and | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | for deposit into the Circuit Court Clerk Operation and | Administrative Fund for the costs associated with | administering this subsection. | (Source: P.A. 94-556, eff. 9-11-05; 96-132, eff. 8-7-09; | 96-402, eff. 1-1-10, revised 10-6-09.)
| (730 ILCS 5/5-9-1.1-5) | Sec. 5-9-1.1-5. Methamphetamine related offenses. | (a) When a person has been adjudged guilty of a | methamphetamine related
offense involving possession or | delivery of methamphetamine or any salt of an optical isomer of | methamphetamine or possession of a methamphetamine | manufacturing material as set forth in Section 10 of the | Methamphetamine Control and Community Protection Act with the | intent to manufacture a substance containing methamphetamine | or salt of an optical isomer of methamphetamine, in addition to | any
other penalty imposed, a fine shall be levied by the court | at not less than
the full street value of the methamphetamine | or salt of an optical isomer of methamphetamine or |
| methamphetamine manufacturing materials seized. | "Street value" shall be determined by the court on the | basis of testimony
of law enforcement personnel and the | defendant as to the amount seized and
such testimony as may be | required by the court as to the current street
value of the | methamphetamine or salt of an optical isomer of methamphetamine | or methamphetamine manufacturing materials seized. | (b) In addition to any penalty imposed under subsection (a) | of this
Section, a fine of
$100 shall be levied by the court, | the proceeds of which
shall be collected by the Circuit Clerk | and remitted to the State Treasurer
under Section 27.6 of the | Clerks of Courts Act
for deposit into the Methamphetamine Law | Enforcement Fund and allocated as provided in subsection (d) of | Section 5-9-1.2.
| (c) In addition to any penalty imposed under subsection (a) | of this
Section, a $25 assessment shall be assessed by the | court, the proceeds of which
shall be collected by the Circuit | Clerk and remitted to the State Treasurer for deposit into the | Drug Traffic Prevention Fund. The moneys deposited into the | Drug Traffic Prevention Fund pursuant to this Section shall be | appropriated to and administered by the Department of State | Police for funding of drug task forces and Metropolitan | Enforcement Groups in accordance with the Intergovernmental | Drug Laws Enforcement Act. | (d) In addition to any penalty imposed under subsection (a) | of this
Section, a $20 assessment shall be assessed by the |
| court, the proceeds of which
shall be collected by the Circuit | Clerk. Of the collected proceeds, (i) 90% shall be remitted to | the State Treasurer for deposit into the Prescription Pill and | Drug Disposal Fund; (ii) 5% shall be remitted for deposit into | the Criminal Justice Information Projects Fund, for use by the | Illinois Criminal Justice Information Authority for the costs | associated with making grants from the Prescription Pill and | Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% | for deposit into the Circuit Court Clerk Operation and | Administrative Fund for the costs associated with | administering this subsection. | (Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10; | 96-1000, eff. 7-2-10; 96-1234, eff. 7-23-10.)
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Effective Date: 1/1/2012
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