Illinois General Assembly - Full Text of SB0590
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Full Text of SB0590  102nd General Assembly

SB0590eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0590 EngrossedLRB102 14717 CPF 20070 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Safe Pharmaceutical Disposal Act is amended
5by changing Section 17 as follows:
 
6    (210 ILCS 150/17)
7    Sec. 17. Pharmaceutical or sharp disposal.
8    (a) In this Section, "sharp" means any used or unused
9hypodermic, intravenous, or other medical needle or syringe
10with an original common medical purpose.
11    (b) Notwithstanding any provision of law, any county shall
12and any or municipality may authorize the use of its city hall,
13police department, or any other facility under the county's or
14municipality's control to display a container suitable for use
15as a receptacle for used, expired, or unwanted pharmaceuticals
16or sharps. These used, expired, or unwanted pharmaceuticals
17may include unused medication and prescription drugs, as well
18as controlled substances if collected in accordance with
19federal law. This receptacle shall only permit the deposit of
20items, and the contents shall be locked and secured. The
21container shall be accessible to the public and shall have
22posted clearly legible signage indicating that expired or
23unwanted prescription drugs or sharps may be disposed of in

 

 

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1the receptacle. The county or municipality shall provide
2continuous or regular notice to the public regarding the
3availability of the receptacle. To the extent allowed under
4federal law, pharmaceuticals collected under this Section may
5be disposed of in a drug destruction device, as defined in
6Section 22.58 of the Environmental Protection Act.
7(Source: P.A. 99-480, eff. 9-9-15; 100-250, eff. 8-22-17.)
 
8    Section 10. The Environmental Protection Act is amended by
9changing Section 22.55 as follows:
 
10    (415 ILCS 5/22.55)
11    Sec. 22.55. Household waste drop-off points.
12    (a) Findings; purpose and intent.
13        (1) The General Assembly finds that protection of
14    human health and the environment can be enhanced if
15    certain commonly generated household wastes are managed
16    separately from the general household waste stream.
17        (2) The purpose of this Section is to provide, to the
18    extent allowed under federal law, a method for managing
19    certain types of household waste separately from the
20    general household waste stream.
21    (b) Definitions. For the purposes of this Section:
22        "Compostable waste" means household waste that is
23    source-separated food scrap, household waste that is
24    source-separated landscape waste, or a mixture of both.

 

 

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

 

 

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1    radioactive component.
2        "Recycling coordinator" means the person designated by
3    each county waste management plan to administer the county
4    recycling program, as set forth in the Solid Waste
5    Management Act.
6        "Sharp" means any used or unused hypodermic,
7    intravenous, or other medical needle or syringe with an
8    original common medical purpose.
9    (c) Except as otherwise provided in Agency rules, the
10following requirements apply to each household waste drop-off
11point, other than a one-day household waste collection event,
12one-day compostable waste collection event, or permanent
13compostable waste collection point:
14        (1) A household waste drop-off point must not accept
15    waste other than the following types of household waste:
16    pharmaceutical products, sharps, personal care products,
17    batteries other than lead-acid batteries, paints,
18    automotive fluids, compact fluorescent lightbulbs, mercury
19    thermometers, and mercury thermostats. A household waste
20    drop-off point may accept controlled substances in
21    accordance with federal law.
22        (2) Except as provided in subdivision (c)(2) of this
23    Section, household waste drop-off points must be located
24    at a site or facility where the types of products accepted
25    at the household waste drop-off point are lawfully sold,
26    distributed, or dispensed. For example, household waste

 

 

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1    drop-off points that accept prescription pharmaceutical
2    products must be located at a site or facility where
3    prescription pharmaceutical products are sold,
4    distributed, or dispensed.
5            (A) Subdivision (c)(2) of this Section does not
6        apply to household waste drop-off points operated by a
7        government or school entity, or by an association or
8        other organization of government or school entities.
9            (B) Household waste drop-off points that accept
10        mercury thermometers can be located at any site or
11        facility where non-mercury thermometers are sold,
12        distributed, or dispensed.
13            (C) Household waste drop-off points that accept
14        mercury thermostats can be located at any site or
15        facility where non-mercury thermostats are sold,
16        distributed, or dispensed.
17        (3) The location of acceptance for each type of waste
18    accepted at the household waste drop-off point must be
19    clearly identified. Locations where pharmaceutical
20    products are accepted must also include a copy of the sign
21    required under subsection (j) of this Section.
22        (4) Household waste must be accepted only from private
23    individuals. Waste must not be accepted from other
24    persons, including, but not limited to, owners and
25    operators of rented or leased residences where the
26    household waste was generated, commercial haulers, and

 

 

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1    other commercial, industrial, agricultural, and government
2    operations or entities.
3        (5) If more than one type of household waste is
4    accepted, each type of household waste must be managed
5    separately prior to its packaging for off-site transfer.
6        (6) Household waste must not be stored for longer than
7    90 days after its receipt, except as otherwise approved by
8    the Agency in writing.
9        (7) Household waste must be managed in a manner that
10    protects against releases of the waste, prevents
11    nuisances, and otherwise protects human health and the
12    environment. Household waste must also be properly secured
13    to prevent unauthorized public access to the waste,
14    including, but not limited to, preventing access to the
15    waste during the non-business hours of the site or
16    facility on which the household waste drop-off point is
17    located. Containers in which pharmaceutical products are
18    collected must be clearly marked "No Controlled
19    Substances", unless the household waste drop-off point
20    accepts controlled substances in accordance with federal
21    law.
22        (8) Management of the household waste must be limited
23    to the following: (i) acceptance of the waste, (ii)
24    temporary storage of the waste prior to transfer, and
25    (iii) off-site transfer of the waste and packaging for
26    off-site transfer.

 

 

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1        (9) Off-site transfer of the household waste must
2    comply with federal and State laws and regulations.
3    (d) One-day household waste collection events. To further
4aid in the collection of certain household wastes, the Agency
5may approve the operation of one-day household waste
6collection events. The Agency shall not approve a one-day
7household waste collection event at the same site or facility
8for more than one day each calendar quarter. Requests for
9approval must be submitted on forms prescribed by the Agency.
10The Agency must issue its approval in writing, and it may
11impose conditions as necessary to protect human health and the
12environment and to otherwise accomplish the purposes of this
13Act. One-day household waste collection events must be
14operated in accordance with the Agency's approval, including
15all conditions contained in the approval. The following
16requirements apply to all one-day household waste collection
17events, in addition to the conditions contained in the
18Agency's approval:
19        (1) Waste accepted at the event must be limited to
20    household waste and must not include garbage, landscape
21    waste, or other waste excluded by the Agency in the
22    Agency's approval or any conditions contained in the
23    approval. A one-day household waste collection event may
24    accept controlled substances in accordance with federal
25    law.
26        (2) Household waste must be accepted only from private

 

 

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

 

 

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1    (d-5) One-day compostable waste collection event. To
2further aid in the collection and composting of compostable
3waste, as defined in subsection (b), a municipality may
4approve the operation of one-day compostable waste collection
5events at any site or facility within its territorial
6jurisdiction, and a county may approve the operation of
7one-day compostable waste collection events at any site or
8facility in any unincorporated area within its territorial
9jurisdiction. The approval granted under this subsection (d-5)
10must be in writing; must specify the date, location, and time
11of the event; and must list the types of compostable waste that
12will be collected at the event. If the one-day compostable
13waste collection event is to be operated at a location within a
14county with a population of more than 400,000 but less than
152,000,000 inhabitants, according to the 2010 decennial census,
16then the operator of the event shall, at least 30 days before
17the event, provide a copy of the approval to the recycling
18coordinator designated by that county. The approval granted
19under this subsection (d-5) may include conditions imposed by
20the county or municipality as necessary to protect public
21health and prevent odors, vectors, and other nuisances. A
22one-day compostable waste collection event approved under this
23subsection (d-5) must be operated in accordance with the
24approval, including all conditions contained in the approval.
25The following requirements shall apply to the one-day
26compostable waste collection event, in addition to the

 

 

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1conditions contained in the approval:
2        (1) Waste accepted at the event must be limited to the
3    types of compostable waste authorized to be accepted under
4    the approval.
5        (2) Information promoting the event and signs at the
6    event must clearly indicate the types of compostable waste
7    approved for collection. To discourage the receipt of
8    other waste, information promoting the event and signs at
9    the event must also include:
10            (A) examples of compostable waste being collected;
11        and
12            (B) examples of waste that is not being collected.
13        (3) Compostable waste must be accepted only from
14    private individuals. It may not be accepted from other
15    persons, including, but not limited to, owners and
16    operators of rented or leased residences where it was
17    generated, commercial haulers, and other commercial,
18    industrial, agricultural, and government operations or
19    entities.
20        (4) Compostable 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. Compostable waste must be properly secured to
24    prevent it from being accessed by the public at any time,
25    including, but not limited to, during the collection
26    event's non-operating hours. One-day compostable waste

 

 

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1    collection events must be adequately supervised during
2    their operating hours.
3        (5) Compostable waste must be secured in non-porous,
4    rigid, leak-proof containers that:
5            (A) are covered, except when the compostable waste
6        is being added to or removed from the containers or it
7        is otherwise necessary to access the compostable
8        waste;
9            (B) prevent precipitation from draining through
10        the compostable waste;
11            (C) prevent dispersion of the compostable waste by
12        wind;
13            (D) contain spills or releases that could create
14        nuisances or otherwise harm human health or the
15        environment;
16            (E) limit access to the compostable waste by
17        vectors;
18            (F) control odors and other nuisances; and
19            (G) provide for storage, removal, and off-site
20        transfer of the compostable waste in a manner that
21        protects its ability to be composted.
22        (6) No more than a total of 40 cubic yards of
23    compostable waste shall be located at the collection site
24    at any one time.
25        (7) Management of the compostable waste must be
26    limited to the following: (A) acceptance, (B) temporary

 

 

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1    storage before transfer, and (C) off-site transfer.
2        (8) All compostable waste received at the event must
3    be transferred off-site to a permitted compost facility by
4    no later than 48 hours after the event ends or by the end
5    of the first business day after the event ends, whichever
6    is sooner.
7        (9) If waste other than compostable waste is received
8    at the event, then that waste must be disposed of within 48
9    hours after the event ends or by the end of the first
10    business day after the event ends, whichever is sooner.
11    (d-6) Permanent compostable waste collection points. To
12further aid in the collection and composting of compostable
13waste, as defined in subsection (b), a municipality may
14approve the operation of permanent compostable waste
15collection points at any site or facility within its
16territorial jurisdiction, and a county may approve the
17operation of permanent compostable waste collection points at
18any site or facility in any unincorporated area within its
19territorial jurisdiction. The approval granted pursuant to
20this subsection (d-6) must be in writing; must specify the
21location, operating days, and operating hours of the
22collection point; must list the types of compostable waste
23that will be collected at the collection point; and must
24specify a term of not more than 365 calendar days during which
25the approval will be effective. In addition, if the permanent
26compostable waste collection point is to be operated at a

 

 

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1location within a county with a population of more than
2400,000 but less than 2,000,000 inhabitants, according to the
32010 federal decennial census, then the operator of the
4collection point shall, at least 30 days before the collection
5point begins operation, provide a copy of the approval to the
6recycling coordinator designated by that county. The approval
7may include conditions imposed by the county or municipality
8as necessary to protect public health and prevent odors,
9vectors, and other nuisances. A permanent compostable waste
10collection point approved pursuant to this subsection (d-6)
11must be operated in accordance with the approval, including
12all conditions contained in the approval. The following
13requirements apply to the permanent compostable waste
14collection point, in addition to the conditions contained in
15the approval:
16        (1) Waste accepted at the collection point must be
17    limited to the types of compostable waste authorized to be
18    accepted under the approval.
19        (2) Information promoting the collection point and
20    signs at the collection point must clearly indicate the
21    types of compostable waste approved for collection. To
22    discourage the receipt of other waste, information
23    promoting the collection point and signs at the collection
24    point must also include (A) examples of compostable waste
25    being collected and (B) examples of waste that is not
26    being collected.

 

 

SB0590 Engrossed- 14 -LRB102 14717 CPF 20070 b

1        (3) Compostable waste must be accepted only from
2    private individuals. It may not be accepted from other
3    persons, including, but not limited to, owners and
4    operators of rented or leased residences where it was
5    generated, commercial haulers, and other commercial,
6    industrial, agricultural, and government operations or
7    entities.
8        (4) Compostable waste must be managed in a manner that
9    protects against releases of the waste, prevents
10    nuisances, and otherwise protects human health and the
11    environment. Compostable waste must be properly secured to
12    prevent it from being accessed by the public at any time,
13    including, but not limited to, during the collection
14    point's non-operating hours. Permanent compostable waste
15    collection points must be adequately supervised during
16    their operating hours.
17        (5) Compostable waste must be secured in non-porous,
18    rigid, leak-proof containers that:
19            (A) are no larger than 10 cubic yards in size;
20            (B) are covered, except when the compostable waste
21        is being added to or removed from the container or it
22        is otherwise necessary to access the compostable
23        waste;
24            (C) prevent precipitation from draining through
25        the compostable waste;
26            (D) prevent dispersion of the compostable waste by

 

 

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1        wind;
2            (E) contain spills or releases that could create
3        nuisances or otherwise harm human health or the
4        environment;
5            (F) limit access to the compostable waste by
6        vectors;
7            (G) control odors and other nuisances; and
8            (H) provide for storage, removal, and off-site
9        transfer of the compostable waste in a manner that
10        protects its ability to be composted.
11        (6) No more than a total of 10 cubic yards of
12    compostable waste shall be located at the permanent
13    compostable waste collection site at any one time.
14        (7) Management of the compostable waste must be
15    limited to the following: (A) acceptance, (B) temporary
16    storage before transfer, and (C) off-site transfer.
17        (8) All compostable waste received at the permanent
18    compostable waste collection point must be transferred
19    off-site to a permitted compost facility not less
20    frequently than once every 7 days.
21        (9) If a permanent compostable waste collection point
22    receives waste other than compostable waste, then that
23    waste must be disposed of not less frequently than once
24    every 7 days.
25    (e) The Agency may adopt rules governing the operation of
26household waste drop-off points, other than one-day household

 

 

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1waste collection events, one-day compostable waste collection
2events, and permanent compostable waste collection points.
3Those rules must be designed to protect against releases of
4waste to the environment, prevent nuisances, and otherwise
5protect human health and the environment. As necessary to
6address different circumstances, the regulations may contain
7different requirements for different types of household waste
8and different types of household waste drop-off points, and
9the regulations may modify the requirements set forth in
10subsection (c) of this Section. The regulations may include,
11but are not limited to, the following: (i) identification of
12additional types of household waste that can be collected at
13household waste drop-off points, (ii) identification of the
14different types of household wastes that can be received at
15different household waste drop-off points, (iii) the maximum
16amounts of each type of household waste that can be stored at
17household waste drop-off points at any one time, and (iv) the
18maximum time periods each type of household waste can be
19stored at household waste drop-off points.
20    (f) Prohibitions.
21        (1) Except as authorized in a permit issued by the
22    Agency, no person shall cause or allow the operation of a
23    household waste drop-off point, other than a one-day
24    household waste collection event, one-day compostable
25    waste collection event, or permanent compostable waste
26    collection point, in violation of this Section or any

 

 

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1    regulations adopted under this Section.
2        (2) No person shall cause or allow the operation of a
3    one-day household waste collection event in violation of
4    this Section or the Agency's approval issued under
5    subsection (d) of this Section, including all conditions
6    contained in the approval.
7        (3) No person shall cause or allow the operation of a
8    one-day compostable waste collection event in violation of
9    this Section or the approval issued for the one-day
10    compostable waste collection event under subsection (d-5)
11    of this Section, including all conditions contained in the
12    approval.
13        (4) No person shall cause or allow the operation of a
14    permanent compostable waste collection event in violation
15    of this Section or the approval issued for the permanent
16    compostable waste collection point under subsection (d-6)
17    of this Section, including all conditions contained in the
18    approval.
19    (g) Permit exemptions.
20        (1) No permit is required under subdivision (d)(1) of
21    Section 21 of this Act for the operation of a household
22    waste drop-off point, other than a one-day household waste
23    collection event, one-day compostable waste collection
24    event, or permanent compostable waste collection point, if
25    the household waste drop-off point is operated in
26    accordance with this Section and all regulations adopted

 

 

SB0590 Engrossed- 18 -LRB102 14717 CPF 20070 b

1    under this Section.
2        (2) No permit is required under subdivision (d)(1) of
3    Section 21 of this Act for the operation of a one-day
4    household waste collection event if the event is operated
5    in accordance with this Section and the Agency's approval
6    issued under subsection (d) of this Section, including all
7    conditions contained in the approval, or for the operation
8    of a household waste collection event by the Agency.
9        (3) No permit is required under paragraph (1) of
10    subsection (d) of Section 21 of this Act for the operation
11    of a one-day compostable waste collection event if the
12    compostable waste collection event is operated in
13    accordance with this Section and the approval issued for
14    the compostable waste collection point under subsection
15    (d-5) of this Section, including all conditions contained
16    in the approval.
17        (4) No permit is required under paragraph (1) of
18    subsection (d) of Section 21 of this Act for the operation
19    of a permanent compostable waste collection point if the
20    collection point is operated in accordance with this
21    Section and the approval issued for the compostable waste
22    collection event under subsection (d-6) of this Section,
23    including all conditions contained in the approval.
24    (h) This Section does not apply to the following:
25        (1) Persons accepting household waste that they are
26    authorized to accept under a permit issued by the Agency.

 

 

SB0590 Engrossed- 19 -LRB102 14717 CPF 20070 b

1        (2) Sites or facilities operated pursuant to an
2    intergovernmental agreement entered into with the Agency
3    under Section 22.16b(d) of this Act.
4    (i) The Agency, in consultation with the Department of
5Public Health, must develop and implement a public information
6program regarding household waste drop-off points that accept
7pharmaceutical products, as well as mail-back programs
8authorized under federal law.
9    (j) The Agency must develop a sign that provides
10information on the proper disposal of unused pharmaceutical
11products. The sign shall include information on approved
12drop-off sites or list a website where updated information on
13drop-off sites can be accessed. The sign shall also include
14information on mail-back programs and self-disposal. The
15Agency shall make a copy of the sign available for downloading
16from its website. Every pharmacy shall display the sign in the
17area where medications are dispensed and shall also display
18any signs the Agency develops regarding local take-back
19programs or household waste collection events. These signs
20shall be no larger than 8.5 inches by 11 inches.
21    (k) If an entity chooses to participate as a household
22waste drop-off point, then it must follow the provisions of
23this Section and any rules the Agency may adopt governing
24household waste drop-off points.
25    (l) The Agency shall establish, by rule, a statewide
26medication take-back program by June 1, 2016 to ensure that

 

 

SB0590 Engrossed- 20 -LRB102 14717 CPF 20070 b

1there are pharmaceutical product disposal options regularly
2available for residents across the State. No private entity
3may be compelled to serve as or fund a take-back location or
4program. Medications collected and disposed of under the
5program shall include controlled substances approved for
6collection by federal law. All medications collected and
7disposed of under the program must be managed in accordance
8with all applicable federal and State laws and regulations.
9The Agency shall issue a report to the General Assembly by June
101, 2019 detailing the amount of pharmaceutical products
11annually collected under the program, as well as any
12legislative recommendations.
13(Source: P.A. 99-11, eff. 7-10-15; 99-480, eff. 9-9-15;
1499-642, eff. 7-28-16.)
 
15    Section 99. Effective date. This Act takes effect January
161, 2022.