Sen. Susan Garrett

Filed: 3/23/2009

 

 


 

 


 
09600SB0178sam003 LRB096 07558 JDS 24108 a

1
AMENDMENT TO SENATE BILL 178

2     AMENDMENT NO. ______. Amend Senate Bill 178, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Environmental Protection Act is amended by
6 adding Section 22.55 as follows:
 
7     (415 ILCS 5/22.55 new)
8     Sec. 22.55. Household Waste Drop-off Points.
9     (a) Findings; Purpose and Intent.
10         (1) The General Assembly finds that protection of human
11     health and the environment can be enhanced if certain
12     commonly generated household wastes are managed separately
13     from the general household waste stream.
14         (2) The purpose of this Section is to provide, to the
15     extent allowed under federal law, a method for managing
16     certain types of household waste separately from the

 

 

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1     general household waste stream.
2     (b) Definitions. For the purposes of this Section:
3         "Controlled substance" means a controlled substance as
4     defined in the Illinois Controlled Substances Act.
5         "Household waste" means waste generated from a single
6     residence or multiple residences.
7         "Household waste drop-off point" means the portion of a
8     site or facility used solely for the receipt and temporary
9     storage of household waste.
10         "One-day household waste collection event" means a
11     household waste drop-off point approved by the Agency under
12     subsection (d) of this Section.
13         "Personal care product" means an item other than a
14     pharmaceutical product that is consumed or applied by an
15     individual for personal health, hygiene, or cosmetic
16     reasons. Personal care products include, but are not
17     limited to, items used in bathing, dressing, or grooming.
18         "Pharmaceutical product" means medicine or a product
19     containing medicine. A pharmaceutical product may be sold
20     by prescription or over the counter. "Pharmaceutical
21     product" does not include (i) medicine that contains a
22     radioactive component or a product that contains a
23     radioactive component or (ii) a controlled substance.
24     (c) Except as otherwise provided in Agency rules, the
25 following requirements apply to each household waste drop-off
26 point other than a one-day household waste collection event:

 

 

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1         (1) A household waste drop-off point must not accept
2     waste other than the following types of household waste:
3     pharmaceutical products, personal care products, batteries
4     other than lead-acid batteries, paints, automotive fluids,
5     compact fluorescent lightbulbs, mercury thermometers, and
6     mercury thermostats.
7         (2) Except as provided in subdivision (c)(2) of this
8     Section, household waste drop-off points must be located at
9     a site or facility where the types of products accepted at
10     the household waste drop-off point are lawfully sold,
11     distributed, or dispensed. For example, household waste
12     drop-off points that accept prescription pharmaceutical
13     products must be located at a site or facility where
14     prescription pharmaceutical products are sold,
15     distributed, or dispensed.
16             (A) Subdivision (c)(2) of this Section does not
17         apply to household waste drop-off points operated by a
18         government or school entity, or by an association or
19         other organization of government or school entities.
20             (B) Household waste drop-off points that accept
21         mercury thermometers can be located at any site or
22         facility where non-mercury thermometers are sold,
23         distributed, or dispensed.
24             (C) Household waste drop-off points that accept
25         mercury thermostats can be located at any site or
26         facility where non-mercury thermostats are sold,

 

 

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1         distributed, or dispensed.
2         (3) The location of acceptance for each type of waste
3     accepted at the household waste drop-off point must be
4     clearly identified. Locations where pharmaceutical
5     products are accepted must also include a copy of the sign
6     required under subsection (j) of this Section.
7         (4) Household waste must be accepted only from private
8     individuals. Waste must not be accepted from other persons,
9     including, but not limited to, owners and operators of
10     rented or leased residences where the household waste was
11     generated, commercial haulers, and other commercial,
12     industrial, agricultural, and government operations or
13     entities.
14         (5) If more than one type of household waste is
15     accepted, each type of household waste must be managed
16     separately prior to its packaging for off-site transfer.
17         (6) Household waste must not be stored for longer than
18     90 days after its receipt, except as otherwise approved by
19     the Agency in writing.
20         (7) Household waste must be managed in a manner that
21     protects against releases of the waste, prevents
22     nuisances, and otherwise protects human health and the
23     environment. Household waste must also be properly secured
24     to prevent unauthorized public access to the waste,
25     including, but not limited to, preventing access to the
26     waste during the non-business hours of the site or facility

 

 

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1     on which the household waste drop-off point is located.
2     Containers in which pharmaceutical products are collected
3     must be clearly marked "No Controlled Substances".
4         (8) Management of the household waste must be limited
5     to the following: (i) acceptance of the waste, (ii)
6     temporary storage of the waste prior to transfer, and (iii)
7     off-site transfer of the waste and packaging for off-site
8     transfer.
9         (9) Off-site transfer of the household waste must
10     comply with federal and State laws and regulations.
11     (d) One-day household waste collection events. To further
12 aid in the collection of certain household wastes, the Agency
13 may approve the operation of one-day household waste collection
14 events. The Agency shall not approve a one-day household waste
15 collection event at the same site or facility for more than one
16 day each calendar quarter. Requests for approval must be
17 submitted on forms prescribed by the Agency. The Agency must
18 issue its approval in writing, and it may impose conditions as
19 necessary to protect human health and the environment and to
20 otherwise accomplish the purposes of this Act. One-day
21 household waste collection events must be operated in
22 accordance with the Agency's approval, including all
23 conditions contained in the approval. The following
24 requirements apply to all one-day household waste collection
25 events, in addition to the conditions contained in the Agency's
26 approval:

 

 

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1         (1) Waste accepted at the event must be limited to
2     household waste and must not include garbage, landscape
3     waste, controlled substances, or other waste excluded by
4     the Agency in the Agency's approval or any conditions
5     contained in the approval.
6         (2) Household waste must be accepted only from private
7     individuals. Waste must not be accepted from other persons,
8     including, but not limited to, owners and operators of
9     rented or leased residences where the household waste was
10     generated, commercial haulers, and other commercial,
11     industrial, agricultural, and government operations or
12     entities.
13         (3) Household waste must be managed in a manner that
14     protects against releases of the waste, prevents
15     nuisances, and otherwise protects human health and the
16     environment. Household waste must also be properly secured
17     to prevent public access to the waste, including, but not
18     limited to, preventing access to the waste during the
19     event's non-business hours.
20         (4) Management of the household waste must be limited
21     to the following: (i) acceptance of the waste, (ii)
22     temporary storage of the waste before transfer, and (iii)
23     off-site transfer of the waste or packaging for off-site
24     transfer.
25         (5) Except as otherwise approved by the Agency, all
26     household waste received at the collection event must be

 

 

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1     transferred off-site by the end of the day following the
2     collection event.
3         (6) The transfer and ultimate disposition of household
4     waste received at the collection event must comply with the
5     Agency's approval, including all conditions contained in
6     the approval.
7     (e) The Agency may adopt rules governing the operation of
8 household waste drop-off points other than one-day household
9 waste collection events. Those rules must be designed to
10 protect against releases of waste to the environment, prevent
11 nuisances, and otherwise protect human health and the
12 environment. As necessary to address different circumstances,
13 the regulations may contain different requirements for
14 different types of household waste and different types of
15 household waste drop-off points, and the regulations may modify
16 the requirements set forth in subsection (c) of this Section.
17 The regulations may include, but are not limited to, the
18 following: (i) identification of additional types of household
19 waste that can be collected at household waste drop-off points,
20 (ii) identification of the different types of household wastes
21 that can be received at different household waste drop-off
22 points, (iii) the maximum amounts of each type of household
23 waste that can be stored at household waste drop-off points at
24 any one time, and (iv) the maximum time periods each type of
25 household waste can be stored at household waste drop-off
26 points.

 

 

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1     (f) Prohibitions.
2         (1) Except as authorized in a permit issued by the
3     Agency, no person shall cause or allow the operation of a
4     household waste drop-off point other than a one-day
5     household waste collection event in violation of this
6     Section or any regulations adopted under this Section.
7         (2) No person shall cause or allow the operation of a
8     one-day household waste collection event in violation of
9     this Section or the Agency's approval issued under
10     subsection (d) of this Section, including all conditions
11     contained in the approval.
12     (g) Permit exemptions.
13         (1) No permit is required under subdivision (d)(1) of
14     Section 21 of this Act for the operation of a household
15     waste drop-off point other than a one-day household waste
16     collection event if the household waste drop-off point is
17     operated in accordance with this Section and all
18     regulations adopted under this Section.
19         (2) No permit is required under subdivision (d)(1) of
20     Section 21 of this Act for the operation of a one-day
21     household waste collection event if the event is operated
22     in accordance with this Section and the Agency's approval
23     issued under subsection (d) of this Section, including all
24     conditions contained in the approval, or for the operation
25     of a household waste collection event by the Agency.
26     (h) This Section does not apply to the following:

 

 

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1         (1) Persons accepting household waste that they are
2     authorized to accept under a permit issued by the Agency.
3         (2) Sites or facilities operated pursuant to an
4     intergovernmental agreement entered into with the Agency
5     under Section 22.16b(d) of this Act.
6     (i) The Agency, in consultation with the Department of
7 Public Health, must develop and implement a public information
8 program regarding household waste drop-off points that accept
9 pharmaceutical products.
10     (j) The Agency must develop a sign that provides
11 information on the proper disposal of unused pharmaceutical
12 products. The Agency shall make a copy of the sign available
13 for downloading from its website.
 
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.".