Full Text of HB4505 98th General Assembly
HB4505 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4505 Introduced , by Rep. Frank J. Mautino SYNOPSIS AS INTRODUCED: |
| 225 ILCS 610/1.1 | from Ch. 8, par. 149.1 | 225 ILCS 610/4 | from Ch. 8, par. 152 | 225 ILCS 610/6 | from Ch. 8, par. 154 | 225 ILCS 610/9.1 | from Ch. 8, par. 157.1 | 225 ILCS 610/9.2 | from Ch. 8, par. 157.2 | 225 ILCS 610/9.3 | from Ch. 8, par. 157.3 | 225 ILCS 610/12 | from Ch. 8, par. 160 | 225 ILCS 610/18 | from Ch. 8, par. 166 |
|
Amends the Illinois Dead Animal Disposal Act. Defines "grease and oil collector" and "grease and oil processor". Provides that a grease and oil processor license is a Class "H" license and that an application for an original Class "H" license and for the annual renewal of a Class "H" license shall be accompanied by a fee. Further provides that no person shall operate a vehicle used to transport used cooking grease or oil without a vehicle permit issued by the Department of Agriculture of the State of Illinois. Requires owners or operators of vehicles not owned by grease and oil processors to secure a permit through the licensed grease and oil processor to whom the used cooking grease and oil will be delivered. Requires that all permittees record each collection of used cooking grease and oil, give a receipt to every person from whom the permittee collects used cooking grease and oil, and that the permittee retain a copy of all such receipts until the used cooking grease and oil is delivered to its destination. Gives the Department authority to regulate the collection and processing of used cooking grease and oil. Removes a provision prohibiting the transportation of used cooking grease and oil into another state without a reciprocal agreement with the other state. Make other changes.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB4505 | | LRB098 16071 ZMM 51125 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Dead Animal Disposal Act is amended | 5 | | by changing Sections 1.1, 4, 6, 9.1, 9.2, 9.3, 12, and 18 as | 6 | | follows:
| 7 | | (225 ILCS 610/1.1) (from Ch. 8, par. 149.1)
| 8 | | Sec. 1.1. As used in this Act, unless the context otherwise | 9 | | requires:
| 10 | | (a) "Department" means the Department of Agriculture of the | 11 | | State of
Illinois.
| 12 | | (b) "Person" means any individual, firm, partnership,
| 13 | | association, corporation or other business entity.
| 14 | | (c) "Renderer" means any person who, for other than human | 15 | | consumption,
collects, cooks and processes bodies or parts of | 16 | | bodies of dead animals,
poultry or fish, or used cooking grease | 17 | | and oils, for the purpose of
salvaging hides, wool, skins or | 18 | | feathers, and
for the production of animal, poultry, or fish | 19 | | protein, blood meal,
bone meal, grease or tallow.
| 20 | | (d) "Blender" means any person who acquires inedible | 21 | | by-products of
bodies or parts of bodies of dead animals, | 22 | | poultry or fish, or used
cooking grease and oils, for the | 23 | | purpose of
blending them to obtain a desired percentage of |
| | | HB4505 | - 2 - | LRB098 16071 ZMM 51125 b |
|
| 1 | | protein, degree of quality
or color for use in animal feed, | 2 | | poultry feed or fertilizers.
| 3 | | (e) "Collection center" means any place where bodies or | 4 | | parts of bodies
of dead animals, poultry or fish, or used | 5 | | cooking grease and oils, are collected
for loading into a | 6 | | permitted vehicle for delivery to the renderer.
| 7 | | (f) "Permittee" means any person issued a vehicle permit | 8 | | under the
provisions
of this Act.
| 9 | | (g) "Licensee" means any person licensed under the | 10 | | provisions of this Act.
| 11 | | (h) "Rendering materials" means bodies or parts of bodies | 12 | | of dead animals,
poultry or fish, or used cooking grease and | 13 | | oils.
| 14 | | (i) "Animal collection service" means a company that | 15 | | conveys dead animals
to a landfill facility licensed under the | 16 | | Environmental Protection Act when no
rendering service is | 17 | | available.
Waste haulers collecting waste in which a dead | 18 | | animal is included incidental
to such waste shall not be | 19 | | considered an "animal collection service"
activity.
| 20 | | (j) "Grease and oil collector" means any person who | 21 | | collects used cooking grease and oils in a permitted vehicle | 22 | | for delivery to a grease and oil processor for purposes other | 23 | | than rendering or blending. | 24 | | (k) "Grease and oil processor" means any person who stores, | 25 | | filters, processes, or distributes used cooking grease and oils | 26 | | for uses other than rendering or blending. |
| | | HB4505 | - 3 - | LRB098 16071 ZMM 51125 b |
|
| 1 | | (Source: P.A. 88-133.)
| 2 | | (225 ILCS 610/4) (from Ch. 8, par. 152)
| 3 | | Sec. 4.
Application for such license shall be made to the | 4 | | Department on
forms provided by it, which application shall set | 5 | | forth the name and
residence of the applicant, classification | 6 | | of license or licenses
requested, his place or proposed place | 7 | | of business, and the particular
method which he intends to | 8 | | employ in disposing of rendering material
and such other | 9 | | information as the
Department may require. The licenses shall | 10 | | be classified according to type
of plant operated. Renderer: | 11 | | Class "A"--dead animals only; Class "B"--parts
of bodies of | 12 | | animals, scrap, bones, fat, used cooking grease
and oils; Class | 13 | | "C"--poultry or parts of poultry and Class "D"--fish
or parts | 14 | | of fish; Blender: Class "E"; Collection Center: Class
"F"; | 15 | | Animal Collection Service: Class "G" ; grease and oil processor: | 16 | | Class "H" .
| 17 | | (Source: P.A. 88-133.)
| 18 | | (225 ILCS 610/6) (from Ch. 8, par. 154)
| 19 | | Sec. 6.
On the receipt of the certification described in | 20 | | Section 5,
and the payment of the fee provided herein, the
| 21 | | Department shall issue a license to the applicant to conduct | 22 | | such business
at the place specified in the application for one | 23 | | calendar year or for
the portion of the calendar year remaining | 24 | | at the time the license is issued.
No license shall be issued |
| | | HB4505 | - 4 - | LRB098 16071 ZMM 51125 b |
|
| 1 | | for a plant not located
within the boundaries of the State of | 2 | | Illinois. No license issued under
this Section is transferable.
| 3 | | The following nonrefundable fees shall accompany each | 4 | | application for a
license.
|
|
5 | | (1) For an original license of any |
|
|
6 | | classification other than Class "F" ............... |
$150 |
|
7 | | (2) For the annual renewal of a license |
|
|
8 | | of any classification other than Class "F" ........ |
$150 |
|
9 | | (3) For an original license for each |
|
|
10 | | additional classification other than Class "F" .... |
$50 |
|
11 | | (4) For the annual renewal of the
license of | 12 | | any additional classification |
|
|
13 | | other than Class "F" .............................. |
$50 |
|
14 | | (5) For an original Class "F" license ......... |
$25 |
|
15 | | (6) For the annual renewal |
|
|
16 | | of a Class "F" license ............................ |
$25 |
|
17 | | (7) For an original Class "G" license ......... |
$25 |
|
18 | | (8) For the annual renewal of a Class "G" | 19 | | license . |
$25 |
|
20 | | (9) For an original Class "H" license ......... | $25 | |
21 | | (10) For the annual renewal of a Class "H" | 22 | | license . | $25 |
|
23 | | (Source: P.A. 88-133 .)
| 24 | | (225 ILCS 610/9.1) (from Ch. 8, par. 157.1)
| 25 | | Sec. 9.1.
Except as otherwise provided in Section 14, no |
| | | HB4505 | - 5 - | LRB098 16071 ZMM 51125 b |
|
| 1 | | person shall
operate a vehicle used to transport rendering | 2 | | materials or used cooking grease or oils in this State without
| 3 | | a vehicle permit issued by the Department or without complying | 4 | | with this
Act. Applications for vehicle permits shall be | 5 | | accepted only from licensed
renderers and grease and oil | 6 | | processors and shall include the name and address of the | 7 | | proposed permittee,
the location of
the place or intended place | 8 | | of the proposed permittee's business, the number
and types of | 9 | | vehicles to be used by the proposed permittee and such other
| 10 | | information as may be required by regulations of the | 11 | | Department. Owners
or operators of vehicles not owned by | 12 | | licensed renderers or grease and oil processors in this State | 13 | | shall
secure a permit through the licensed renderer , or | 14 | | renderers , or grease and oil processors to whom the
rendering
| 15 | | material or used cooking grease and oil
will be delivered. The | 16 | | Department shall issue a Class 1 permit for the
transporting of | 17 | | dead animals, fish or poultry; a Class 2 permit for
| 18 | | transporting
parts of bodies of animals, scrap, bones, fat, or | 19 | | used cooking grease and
oils; a Class 3 permit for transporting | 20 | | hides; and a Class 4 permit
for transporting bodies or parts of | 21 | | bodies of dead animals, poultry or fish to
a landfill as an | 22 | | animal collection service.
Permits issued
hereunder
shall be | 23 | | renewable annually during December of each year. All vehicle | 24 | | permits
not
renewed during December of each year shall expire | 25 | | on December 31 of that
year. A $10 fee shall accompany each | 26 | | application for a vehicle permit or
renewal thereof.
|
| | | HB4505 | - 6 - | LRB098 16071 ZMM 51125 b |
|
| 1 | | (Source: P.A. 88-133.)
| 2 | | (225 ILCS 610/9.2) (from Ch. 8, par. 157.2)
| 3 | | Sec. 9.2.
Each vehicle issued a Class 1 permit shall have | 4 | | the inscription
"Illinois Dead Animal Disposal Permit No. ...", | 5 | | as assigned; each truck
granted a Class 2 permit shall have the | 6 | | inscription "Illinois Scrap and
Grease Permit No. ...", as | 7 | | assigned; and each truck granted a Class 3 permit
shall have | 8 | | the inscription "Illinois Hide Permit No. ...", as assigned.
| 9 | | All of these inscriptions shall be painted in a conspicuous | 10 | | place in
contrasting
color on the left side of the bed of the | 11 | | vehicle in letters not less than
3 inches high. If the vehicle | 12 | | transporting the rendering material or used cooking grease and | 13 | | oil or
conveying dead animals to a landfill is not
a van type | 14 | | truck, the vehicle bed, as well as any properly identified | 15 | | tanks
or barrels used for the transportation of rendering | 16 | | material, or used cooking grease and oil when loaded
or | 17 | | partially loaded, shall be covered when traveling highways of | 18 | | the State
of Illinois. Vehicle beds shall be leak-proof or | 19 | | constructed so that no
drippings or seepage can escape.
| 20 | | Collection vehicles containing rendering material or used | 21 | | cooking grease and oil or used for
transporting dead animals, | 22 | | poultry, fish,
or parts of bodies thereof shall be thoroughly | 23 | | scrubbed and disinfected
after hauling each load, or before | 24 | | proceeding for another load. All vehicle
beds shall be painted | 25 | | as necessary, and kept in good condition and repair
at all |
| | | HB4505 | - 7 - | LRB098 16071 ZMM 51125 b |
|
| 1 | | times.
| 2 | | (Source: P.A. 88-133.)
| 3 | | (225 ILCS 610/9.3) (from Ch. 8, par. 157.3)
| 4 | | Sec. 9.3.
All permittees shall record each collection of | 5 | | rendering materials or used cooking grease and oil ,
setting | 6 | | forth the date, quantity and description of rendering material | 7 | | or used cooking grease and oil collected,
and the person to | 8 | | whom such material was delivered. The permittee shall
give a | 9 | | receipt to every person from whom the permittee collects | 10 | | rendering
materials or used cooking grease and oil . The | 11 | | original of such records, and a copy of all receipts given
by | 12 | | the permittee for rendering material or used cooking grease and | 13 | | oil shall be retained by the permittee
until the rendering | 14 | | materials or used cooking grease and oil are delivered to their | 15 | | destination. Thereafter,
the record and receipt shall be | 16 | | retained by the permittee for a minimum
of 3 months and shall | 17 | | be available for inspection by authorized personnel
of the | 18 | | Department.
| 19 | | (Source: P.A. 83-760.)
| 20 | | (225 ILCS 610/12) (from Ch. 8, par. 160)
| 21 | | Sec. 12.
The Department shall make such reasonable | 22 | | regulations for the
carrying on and conduct of such business as | 23 | | it may deem advisable and all
persons engaged in such business | 24 | | shall comply therewith.
The Department, or its |
| | | HB4505 | - 8 - | LRB098 16071 ZMM 51125 b |
|
| 1 | | representatives, in performing the duties vested
in it under | 2 | | this Act is empowered to enter, during usual working hours, any
| 3 | | premises, buildings, or other places where dead animals or used | 4 | | cooking grease and oil may be found, for
the purpose of | 5 | | administering the provisions of this Act.
| 6 | | Licensees shall comply with rules, bulletins, manuals of | 7 | | procedure and
guidelines pertaining to renderers and blenders | 8 | | and the handling and
distribution of condemned or inedible meat | 9 | | or poultry products which
implement the federal Meat Inspection | 10 | | Act and the federal Poultry
Inspection Act. Such rules, | 11 | | bulletins, manuals and guidelines shall become
effective on the | 12 | | date designated by the United States Department of
Agriculture.
| 13 | | (Source: P.A. 86-231.)
| 14 | | (225 ILCS 610/18) (from Ch. 8, par. 166)
| 15 | | Sec. 18.
The transportation of bodies or parts of bodies of | 16 | | dead animals,
poultry or fish, or used cooking greases and | 17 | | oils,
raw or unrendered, except green or salted hides, shall | 18 | | not be allowed into
other states except by reciprocal | 19 | | agreements with other states under
rules of the Department.
| 20 | | (Source: P.A. 87-157.)
|
|