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

SB0590sam001 102ND GENERAL ASSEMBLY

Sen. Suzy Glowiak Hilton

Filed: 3/18/2021

 

 


 

 


 
10200SB0590sam001LRB102 14717 CPF 23417 a

1
AMENDMENT TO SENATE BILL 590

2    AMENDMENT NO. ______. Amend Senate Bill 590 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Safe Pharmaceutical Disposal Act is
5amended by 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

 

 

10200SB0590sam001- 2 -LRB102 14717 CPF 23417 a

1may include unused medication and prescription drugs, as well
2as controlled substances if collected in accordance with
3federal law. This receptacle shall only permit the deposit of
4items, and the contents shall be locked and secured. The
5container shall be accessible to the public and shall have
6posted clearly legible signage indicating that expired or
7unwanted prescription drugs or sharps may be disposed of in
8the receptacle. The county or municipality shall provide
9continuous or regular notice to the public regarding the
10availability of the receptacle. To the extent allowed under
11federal law, pharmaceuticals collected under this Section may
12be disposed of in a drug destruction device, as defined in
13Section 22.58 of the Environmental Protection Act.
14(Source: P.A. 99-480, eff. 9-9-15; 100-250, eff. 8-22-17.)
 
15    Section 10. The Environmental Protection Act is amended by
16changing Section 22.55 as follows:
 
17    (415 ILCS 5/22.55)
18    Sec. 22.55. Household waste drop-off points.
19    (a) Findings; purpose and intent.
20        (1) The General Assembly finds that protection of
21    human health and the environment can be enhanced if
22    certain commonly generated household wastes are managed
23    separately from the general household waste stream.
24        (2) The purpose of this Section is to provide, to the

 

 

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1    extent allowed under federal law, a method for managing
2    certain types of household waste separately from the
3    general household waste stream.
4    (b) Definitions. For the purposes of this Section:
5        "Compostable waste" means household waste that is
6    source-separated food scrap, household waste that is
7    source-separated landscape waste, or a mixture of both.
8        "Controlled substance" means a controlled substance as
9    defined in the Illinois Controlled Substances Act.
10        "Household waste" means waste generated from a single
11    residence or multiple residences.
12        "Household waste drop-off point" means the portion of
13    a site or facility used solely for the receipt and
14    temporary storage of household waste.
15        "One-day compostable waste collection event" means a
16    household waste drop-off point approved by a county or
17    municipality under subsection (d-5) of this Section.
18        "One-day household waste collection event" means a
19    household waste drop-off point approved by the Agency
20    under subsection (d) of this Section.
21        "Permanent compostable waste collection point" means a
22    household waste drop-off point approved by a county or
23    municipality under subsection (d-6) of this Section.
24        "Personal care product" means an item other than a
25    pharmaceutical product that is consumed or applied by an
26    individual for personal health, hygiene, or cosmetic

 

 

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1    reasons. Personal care products include, but are not
2    limited to, items used in bathing, dressing, or grooming.
3        "Pharmaceutical product" means medicine or a product
4    containing medicine. A pharmaceutical product may be sold
5    by prescription or over the counter. "Pharmaceutical
6    product" does not include medicine that contains a
7    radioactive component or a product that contains a
8    radioactive component.
9        "Recycling coordinator" means the person designated by
10    each county waste management plan to administer the county
11    recycling program, as set forth in the Solid Waste
12    Management Act.
13        "Sharp" means any used or unused hypodermic,
14    intravenous, or other medical needle or syringe with an
15    original common medical purpose.
16    (c) Except as otherwise provided in Agency rules, the
17following requirements apply to each household waste drop-off
18point, other than a one-day household waste collection event,
19one-day compostable waste collection event, or permanent
20compostable waste collection point:
21        (1) A household waste drop-off point must not accept
22    waste other than the following types of household waste:
23    pharmaceutical products, sharps, personal care products,
24    batteries other than lead-acid batteries, paints,
25    automotive fluids, compact fluorescent lightbulbs, mercury
26    thermometers, and mercury thermostats. A household waste

 

 

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1    drop-off point may accept controlled substances in
2    accordance with federal law.
3        (2) Except as provided in subdivision (c)(2) of this
4    Section, household waste drop-off points must be located
5    at a site or facility where the types of products accepted
6    at the household waste drop-off point are lawfully sold,
7    distributed, or dispensed. For example, household waste
8    drop-off points that accept prescription pharmaceutical
9    products must be located at a site or facility where
10    prescription pharmaceutical products are sold,
11    distributed, or dispensed.
12            (A) Subdivision (c)(2) of this Section does not
13        apply to household waste drop-off points operated by a
14        government or school entity, or by an association or
15        other organization of government or school entities.
16            (B) Household waste drop-off points that accept
17        mercury thermometers can be located at any site or
18        facility where non-mercury thermometers are sold,
19        distributed, or dispensed.
20            (C) Household waste drop-off points that accept
21        mercury thermostats can be located at any site or
22        facility where non-mercury thermostats are sold,
23        distributed, or dispensed.
24        (3) The location of acceptance for each type of waste
25    accepted at the household waste drop-off point must be
26    clearly identified. Locations where pharmaceutical

 

 

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1    products are accepted must also include a copy of the sign
2    required under subsection (j) of this Section.
3        (4) Household waste must be accepted only from private
4    individuals. Waste must not be accepted from other
5    persons, including, but not limited to, owners and
6    operators of rented or leased residences where the
7    household waste was generated, commercial haulers, and
8    other commercial, industrial, agricultural, and government
9    operations or entities.
10        (5) If more than one type of household waste is
11    accepted, each type of household waste must be managed
12    separately prior to its packaging for off-site transfer.
13        (6) Household waste must not be stored for longer than
14    90 days after its receipt, except as otherwise approved by
15    the Agency in writing.
16        (7) Household waste must be managed in a manner that
17    protects against releases of the waste, prevents
18    nuisances, and otherwise protects human health and the
19    environment. Household waste must also be properly secured
20    to prevent unauthorized public access to the waste,
21    including, but not limited to, preventing access to the
22    waste during the non-business hours of the site or
23    facility on which the household waste drop-off point is
24    located. Containers in which pharmaceutical products are
25    collected must be clearly marked "No Controlled
26    Substances", unless the household waste drop-off point

 

 

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

 

 

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

 

 

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1    household waste received at the collection event must be
2    transferred off-site by the end of the day following the
3    collection event.
4        (6) The transfer and ultimate disposition of household
5    waste received at the collection event must comply with
6    the Agency's approval, including all conditions contained
7    in the approval.
8    (d-5) One-day compostable waste collection event. To
9further aid in the collection and composting of compostable
10waste, as defined in subsection (b), a municipality may
11approve the operation of one-day compostable waste collection
12events at any site or facility within its territorial
13jurisdiction, and a county may approve the operation of
14one-day compostable waste collection events at any site or
15facility in any unincorporated area within its territorial
16jurisdiction. The approval granted under this subsection (d-5)
17must be in writing; must specify the date, location, and time
18of the event; and must list the types of compostable waste that
19will be collected at the event. If the one-day compostable
20waste collection event is to be operated at a location within a
21county with a population of more than 400,000 but less than
222,000,000 inhabitants, according to the 2010 decennial census,
23then the operator of the event shall, at least 30 days before
24the event, provide a copy of the approval to the recycling
25coordinator designated by that county. The approval granted
26under this subsection (d-5) may include conditions imposed by

 

 

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1the county or municipality as necessary to protect public
2health and prevent odors, vectors, and other nuisances. A
3one-day compostable waste collection event approved under this
4subsection (d-5) must be operated in accordance with the
5approval, including all conditions contained in the approval.
6The following requirements shall apply to the one-day
7compostable waste collection event, in addition to the
8conditions contained in the approval:
9        (1) Waste accepted at the event must be limited to the
10    types of compostable waste authorized to be accepted under
11    the approval.
12        (2) Information promoting the event and signs at the
13    event must clearly indicate the types of compostable waste
14    approved for collection. To discourage the receipt of
15    other waste, information promoting the event and signs at
16    the event must also include:
17            (A) examples of compostable waste being collected;
18        and
19            (B) examples of waste that is not being collected.
20        (3) Compostable waste must be accepted only from
21    private individuals. It may not be accepted from other
22    persons, including, but not limited to, owners and
23    operators of rented or leased residences where it was
24    generated, commercial haulers, and other commercial,
25    industrial, agricultural, and government operations or
26    entities.

 

 

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1        (4) Compostable waste must be managed in a manner that
2    protects against releases of the waste, prevents
3    nuisances, and otherwise protects human health and the
4    environment. Compostable waste must be properly secured to
5    prevent it from being accessed by the public at any time,
6    including, but not limited to, during the collection
7    event's non-operating hours. One-day compostable waste
8    collection events must be adequately supervised during
9    their operating hours.
10        (5) Compostable waste must be secured in non-porous,
11    rigid, leak-proof containers that:
12            (A) are covered, except when the compostable waste
13        is being added to or removed from the containers or it
14        is otherwise necessary to access the compostable
15        waste;
16            (B) prevent precipitation from draining through
17        the compostable waste;
18            (C) prevent dispersion of the compostable waste by
19        wind;
20            (D) contain spills or releases that could create
21        nuisances or otherwise harm human health or the
22        environment;
23            (E) limit access to the compostable waste by
24        vectors;
25            (F) control odors and other nuisances; and
26            (G) provide for storage, removal, and off-site

 

 

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1        transfer of the compostable waste in a manner that
2        protects its ability to be composted.
3        (6) No more than a total of 40 cubic yards of
4    compostable waste shall be located at the collection site
5    at any one time.
6        (7) Management of the compostable waste must be
7    limited to the following: (A) acceptance, (B) temporary
8    storage before transfer, and (C) off-site transfer.
9        (8) All compostable waste received at the event must
10    be transferred off-site to a permitted compost facility by
11    no later than 48 hours after the event ends or by the end
12    of the first business day after the event ends, whichever
13    is sooner.
14        (9) If waste other than compostable waste is received
15    at the event, then that waste must be disposed of within 48
16    hours after the event ends or by the end of the first
17    business day after the event ends, whichever is sooner.
18    (d-6) Permanent compostable waste collection points. To
19further aid in the collection and composting of compostable
20waste, as defined in subsection (b), a municipality may
21approve the operation of permanent compostable waste
22collection points at any site or facility within its
23territorial jurisdiction, and a county may approve the
24operation of permanent compostable waste collection points at
25any site or facility in any unincorporated area within its
26territorial jurisdiction. The approval granted pursuant to

 

 

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1this subsection (d-6) must be in writing; must specify the
2location, operating days, and operating hours of the
3collection point; must list the types of compostable waste
4that will be collected at the collection point; and must
5specify a term of not more than 365 calendar days during which
6the approval will be effective. In addition, if the permanent
7compostable waste collection point is to be operated at a
8location within a county with a population of more than
9400,000 but less than 2,000,000 inhabitants, according to the
102010 federal decennial census, then the operator of the
11collection point shall, at least 30 days before the collection
12point begins operation, provide a copy of the approval to the
13recycling coordinator designated by that county. The approval
14may include conditions imposed by the county or municipality
15as necessary to protect public health and prevent odors,
16vectors, and other nuisances. A permanent compostable waste
17collection point approved pursuant to this subsection (d-6)
18must be operated in accordance with the approval, including
19all conditions contained in the approval. The following
20requirements apply to the permanent compostable waste
21collection point, in addition to the conditions contained in
22the approval:
23        (1) Waste accepted at the collection point must be
24    limited to the types of compostable waste authorized to be
25    accepted under the approval.
26        (2) Information promoting the collection point and

 

 

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

 

 

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1            (B) are covered, except when the compostable waste
2        is being added to or removed from the container or it
3        is otherwise necessary to access the compostable
4        waste;
5            (C) prevent precipitation from draining through
6        the compostable waste;
7            (D) prevent dispersion of the compostable waste by
8        wind;
9            (E) contain spills or releases that could create
10        nuisances or otherwise harm human health or the
11        environment;
12            (F) limit access to the compostable waste by
13        vectors;
14            (G) control odors and other nuisances; and
15            (H) provide for storage, removal, and off-site
16        transfer of the compostable waste in a manner that
17        protects its ability to be composted.
18        (6) No more than a total of 10 cubic yards of
19    compostable waste shall be located at the permanent
20    compostable waste collection site at any one time.
21        (7) Management of the compostable waste must be
22    limited to the following: (A) acceptance, (B) temporary
23    storage before transfer, and (C) off-site transfer.
24        (8) All compostable waste received at the permanent
25    compostable waste collection point must be transferred
26    off-site to a permitted compost facility not less

 

 

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1    frequently than once every 7 days.
2        (9) If a permanent compostable waste collection point
3    receives waste other than compostable waste, then that
4    waste must be disposed of not less frequently than once
5    every 7 days.
6    (e) The Agency may adopt rules governing the operation of
7household waste drop-off points, other than one-day household
8waste collection events, one-day compostable waste collection
9events, and permanent compostable waste collection points.
10Those rules must be designed to protect against releases of
11waste to the environment, prevent nuisances, and otherwise
12protect human health and the environment. As necessary to
13address different circumstances, the regulations may contain
14different requirements for different types of household waste
15and different types of household waste drop-off points, and
16the regulations may modify the requirements set forth in
17subsection (c) of this Section. The regulations may include,
18but are not limited to, the following: (i) identification of
19additional types of household waste that can be collected at
20household waste drop-off points, (ii) identification of the
21different types of household wastes that can be received at
22different household waste drop-off points, (iii) the maximum
23amounts of each type of household waste that can be stored at
24household waste drop-off points at any one time, and (iv) the
25maximum time periods each type of household waste can be
26stored at household waste drop-off 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, one-day compostable
6    waste collection event, or permanent compostable waste
7    collection point, in violation of this Section or any
8    regulations adopted under this Section.
9        (2) No person shall cause or allow the operation of a
10    one-day household waste collection event in violation of
11    this Section or the Agency's approval issued under
12    subsection (d) of this Section, including all conditions
13    contained in the approval.
14        (3) No person shall cause or allow the operation of a
15    one-day compostable waste collection event in violation of
16    this Section or the approval issued for the one-day
17    compostable waste collection event under subsection (d-5)
18    of this Section, including all conditions contained in the
19    approval.
20        (4) No person shall cause or allow the operation of a
21    permanent compostable waste collection event in violation
22    of this Section or the approval issued for the permanent
23    compostable waste collection point under subsection (d-6)
24    of this Section, including all conditions contained in the
25    approval.
26    (g) Permit exemptions.

 

 

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

 

 

10200SB0590sam001- 19 -LRB102 14717 CPF 23417 a

1    collection point is operated in accordance with this
2    Section and the approval issued for the compostable waste
3    collection event under subsection (d-6) of this Section,
4    including all conditions contained in the approval.
5    (h) This Section does not apply to the following:
6        (1) Persons accepting household waste that they are
7    authorized to accept under a permit issued by the Agency.
8        (2) Sites or facilities operated pursuant to an
9    intergovernmental agreement entered into with the Agency
10    under Section 22.16b(d) of this Act.
11    (i) The Agency, in consultation with the Department of
12Public Health, must develop and implement a public information
13program regarding household waste drop-off points that accept
14pharmaceutical products, as well as mail-back programs
15authorized under federal law.
16    (j) The Agency must develop a sign that provides
17information on the proper disposal of unused pharmaceutical
18products. The sign shall include information on approved
19drop-off sites or list a website where updated information on
20drop-off sites can be accessed. The sign shall also include
21information on mail-back programs and self-disposal. The
22Agency shall make a copy of the sign available for downloading
23from its website. Every pharmacy shall display the sign in the
24area where medications are dispensed and shall also display
25any signs the Agency develops regarding local take-back
26programs or household waste collection events. These signs

 

 

10200SB0590sam001- 20 -LRB102 14717 CPF 23417 a

1shall be no larger than 8.5 inches by 11 inches.
2    (k) If an entity chooses to participate as a household
3waste drop-off point, then it must follow the provisions of
4this Section and any rules the Agency may adopt governing
5household waste drop-off points.
6    (l) The Agency shall establish, by rule, a statewide
7medication take-back program by June 1, 2016 to ensure that
8there are pharmaceutical product disposal options regularly
9available for residents across the State. No private entity
10may be compelled to serve as or fund a take-back location or
11program. Medications collected and disposed of under the
12program shall include controlled substances approved for
13collection by federal law. All medications collected and
14disposed of under the program must be managed in accordance
15with all applicable federal and State laws and regulations.
16The Agency shall issue a report to the General Assembly by June
171, 2019 detailing the amount of pharmaceutical products
18annually collected under the program, as well as any
19legislative recommendations.
20(Source: P.A. 99-11, eff. 7-10-15; 99-480, eff. 9-9-15;
2199-642, eff. 7-28-16.)
 
22    Section 99. Effective date. This Act takes effect January
231, 2022.".