Full Text of HB1780 102nd General Assembly
HB1780enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Drug | 5 | | Take-Back Act. | 6 | | Section 5. Findings. The General Assembly finds that: | 7 | | (1) A safe system for the collection and disposal of | 8 | | unused, unwanted, and expired medicines is a key element | 9 | | of a comprehensive strategy to prevent prescription drug | 10 | | abuse and pharmaceutical pollution. Home medicine cabinets | 11 | | are full of unused and expired prescription drugs, only a | 12 | | fraction of which get disposed of properly. | 13 | | (2) Storing unused, unwanted, or expired medicines can | 14 | | lead to accidental poisoning, drug abuse, and even drug | 15 | | trafficking, but disposing of medicines by flushing them | 16 | | down the toilet or placing them in the garbage can | 17 | | contaminate groundwater and other bodies of water, | 18 | | contributing to long-term harm to the environment and | 19 | | animal life. | 20 | | (3) Manufacturers of these drugs hold the ultimate | 21 | | responsibility for the lasting impacts of the drugs they | 22 | | produce. | 23 | | (4) The General Assembly therefore finds that it is in |
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| 1 | | the interest of public health and environmental protection | 2 | | to establish a single, uniform, statewide system of | 3 | | regulation for safe and secure collection and disposal of | 4 | | medicines through a uniform drug "take-back" program | 5 | | operated and funded by drug manufacturers. | 6 | | Section 10. Definitions. In this Act: | 7 | | "Agency" means the Environmental Protection Agency. | 8 | | "Authorized collector" means any of the following who | 9 | | collect covered drugs through participation in a drug | 10 | | take-back program: | 11 | | (1) a person who is registered with the United States | 12 | | Drug Enforcement Administration to collect controlled | 13 | | substances for the purpose of destruction; | 14 | | (2) a law enforcement agency; | 15 | | (3) a unit of local government working in conjunction | 16 | | with a law enforcement agency; or | 17 | | (4) a household waste drop-off point or one-day | 18 | | household waste collection event, as those terms are | 19 | | defined in Section 22.55 of the Environmental Protection | 20 | | Act. | 21 | | "Collection site" means the location where an authorized | 22 | | collector collects covered drugs as part of a drug take-back | 23 | | program under this Act. | 24 | | "Consumer" means a person who possesses a covered drug for | 25 | | personal use or for the use of a member of the person's |
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| 1 | | household. | 2 | | "Covered drug" means a drug, legend drug, nonlegend drug, | 3 | | brand name drug, or generic drug. "Covered drug" does not | 4 | | include: | 5 | | (1) a dietary supplement as defined by 21 U.S.C. 321 | 6 | | (ff); | 7 | | (2) drugs that are defined as Schedule I controlled | 8 | | substances under the Illinois Controlled Substances Act or | 9 | | the federal Controlled Substances Act; | 10 | | (3) personal care products, including, but not limited | 11 | | to, cosmetics, shampoos, sunscreens, lip balms, | 12 | | toothpastes, and antiperspirants, that are regulated as | 13 | | both cosmetics and nonprescription drugs under the federal | 14 | | Food, Drug, and Cosmetic Act, 21 U.S.C. 301; | 15 | | (4) drugs for which manufacturers provide a | 16 | | pharmaceutical product stewardship or drug take-back | 17 | | program as part of a federal managed risk evaluation and | 18 | | mitigation strategy under 21 U.S.C. 355-1; | 19 | | (5) biological products, as defined by 42 U.S.C. | 20 | | 262(i)(l); | 21 | | (6) drugs that are administered in a clinical setting; | 22 | | (7) emptied injector products or emptied medical | 23 | | devices and their component parts or accessories; | 24 | | (8) needles or sharps; | 25 | | (9) pet pesticide products contained in pet collars, | 26 | | powders, shampoos, topical applications, or other forms; |
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| 1 | | (10) dialysate drugs or other saline solutions | 2 | | required to perform kidney dialysis; | 3 | | (11) drugs sold at retail as a unit dose package; or | 4 | | (12) homeopathic drugs. | 5 | | "Covered manufacturer" means a manufacturer of a covered | 6 | | drug that is sold or offered for sale in Illinois. | 7 | | "Drug" has the same meaning as defined in Section 2.4 of | 8 | | the Illinois Food, Drug and Cosmetic Act. | 9 | | "Drug take-back program" means a program implemented under | 10 | | this Act by a manufacturer program operator for the | 11 | | collection, transportation, and disposal of covered drugs. | 12 | | "Generic drug" means a drug determined to be | 13 | | therapeutically equivalent to a brand name drug by the United | 14 | | States Food and Drug Administration and that is available for | 15 | | substitution in Illinois in accordance with the Illinois Food, | 16 | | Drug and Cosmetic Act and the Pharmacy Practice Act. | 17 | | "Legend drug" has the same meaning as defined in Section | 18 | | 3.23 of the Illinois Food, Drug and Cosmetic Act. | 19 | | "Manufacturer program operator" means a covered | 20 | | manufacturer, a group of covered manufacturers, or an entity | 21 | | acting on behalf of a covered manufacturer or group of covered | 22 | | manufacturers, that implements a drug take-back program. | 23 | | "Medical practitioner" has the same meaning as defined in | 24 | | Section 3.23 of the Illinois Food, Drug and Cosmetic Act. | 25 | | "Nonlegend drug" means a drug that does not require | 26 | | dispensing by prescription and which is not restricted to use |
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| 1 | | by practitioners only. | 2 | | "Person" means any individual, partnership, | 3 | | co-partnership, firm, company, limited liability company, | 4 | | corporation, association, joint stock company, trust, estate, | 5 | | political subdivision, State agency, or any other legal | 6 | | entity, or their legal representative, agent, or assign. | 7 | | "Pharmacy" has the meaning provided in Section 3 of the | 8 | | Pharmacy Practice Act. A "pharmacy" is not a covered | 9 | | manufacturer. | 10 | | "Potential authorized collector" means a person who is | 11 | | eligible to be an authorized collector by participating in a | 12 | | drug take-back program. | 13 | | "Prescription drug" has the same meaning as defined in | 14 | | Section 2.37 of the Illinois Food, Drug and Cosmetic Act. | 15 | | "Private label distributor" has the same meaning as | 16 | | defined in 21 CFR 207.1. A private label distributor is not a | 17 | | covered manufacturer. | 18 | | "Program year" means a calendar year, except that the | 19 | | first program year is from January 1, 2024 through December | 20 | | 31, 2024.
| 21 | | "Proprietary information" means information that is: | 22 | | (1) submitted under this Act; | 23 | | (2) a trade secret or commercial or financial | 24 | | information that is privileged or confidential and is | 25 | | identified as such by the person providing the | 26 | | information; and |
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| 1 | | (3) not required to be disclosed under any other law, | 2 | | rule, or regulation affecting a covered drug, covered | 3 | | manufacturer, or pharmacy. | 4 | | "Repackager" means a repacker as that term is defined in | 5 | | 21 CFR 207.1. A repackager is not a covered manufacturer. | 6 | | Section 15. Participation in a drug take-back program. | 7 | | Each covered manufacturer must, beginning January 1, 2024 or 6 | 8 | | months after becoming a covered manufacturer, whichever is | 9 | | later, individually or collectively implement an approved drug | 10 | | take-back program that complies with the requirements of this | 11 | | Act. A covered manufacturer must establish, fund, and | 12 | | implement a drug take-back program independently or as part of | 13 | | a group of covered manufacturers. | 14 | | Section 20. Identification of covered manufacturers. | 15 | | (a) No later than April 1, 2023, each pharmacy, private | 16 | | label distributor, and repackager that sells or offers for | 17 | | sale in Illinois, under its own label, a covered drug must | 18 | | provide written notification to the Agency identifying the | 19 | | covered manufacturer from which the covered drug is obtained. | 20 | | (b) All covered manufacturers of covered drugs sold or | 21 | | offered for sale in Illinois must register with the Agency and | 22 | | pay to the Agency the annual registration fee as set forth | 23 | | under Section 60. |
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| 1 | | Section 25. Drug take-back program requirements. | 2 | | (a) At least 120 days prior to submitting a proposal under | 3 | | Section 35, a manufacturer program operator must notify | 4 | | potential authorized collectors of the opportunity to serve as | 5 | | an authorized collector for the proposed drug take-back | 6 | | program. No later than 30 days after a potential authorized | 7 | | collector expresses interest in participating in a proposed | 8 | | program, the manufacturer program operator must commence good | 9 | | faith negotiations with the potential authorized collector | 10 | | regarding the collector's participation in the program. | 11 | | (b) A person may serve as an authorized collector for a | 12 | | drug take-back program voluntarily or in exchange for | 13 | | compensation. Nothing in this Act requires any person to serve | 14 | | as an authorized collector for a drug take-back program. | 15 | | (c) A pharmacy shall not be required to participate in a | 16 | | drug take-back program. | 17 | | (d) A drug take-back program must include as a collector | 18 | | any person who (i) is a potential authorized collector and | 19 | | (ii) offers to participate in the program. The manufacturer | 20 | | program operator must include the person in the program as an | 21 | | authorized collector no later than 90 days after receiving a | 22 | | written offer to participate. | 23 | | (e) A drug take-back program must pay for all | 24 | | administrative and operational costs of the drug take-back | 25 | | program, as outlined in subsection (a) of Section 55. | 26 | | (f) An authorized collector operating a drug take-back |
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| 1 | | program collection site must accept all covered drugs from | 2 | | consumers during the hours that the location used as a | 3 | | collection site is normally open for business to the public. | 4 | | (g) A drug take-back program collection site must collect | 5 | | covered drugs and store them in compliance with State and | 6 | | federal law, including United States Drug Enforcement | 7 | | Administration regulations. The manufacturer program operator | 8 | | must provide for transportation and disposal of collected | 9 | | covered drugs in a manner that ensures each collection site is | 10 | | serviced as often as necessary to avoid reaching capacity and | 11 | | that collected covered drugs are transported to final disposal | 12 | | in a manner compliant with State and federal law, including a | 13 | | process for additional prompt collection service upon | 14 | | notification from the collection site. Covered drugs shall be | 15 | | disposed of at: | 16 | | (1) a permitted hazardous waste facility that meets | 17 | | the requirements under 40 CFR 264 and 40 CFR 265; | 18 | | (2) a permitted municipal waste incinerator that meets | 19 | | the requirements under 40 CFR 50 and 40 CFR 62; or | 20 | | (3) a permitted hospital, medical, and infectious | 21 | | waste incinerator that meets the requirements under | 22 | | subpart HHH of 40 CFR part 62, an applicable State plan for | 23 | | existing hospital, medical, and infectious waste | 24 | | incinerators, or subpart Ec of 40 CFR part 60 for new | 25 | | hospital, medical, and infectious waste incinerators. | 26 | | (h) Authorized collectors must comply with all State and |
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| 1 | | federal laws and regulations governing the collection, | 2 | | storage, and disposal of covered drugs, including United | 3 | | States Drug Enforcement Administration regulations. | 4 | | (i) A drug take-back program must provide for the | 5 | | collection, transportation, and disposal of covered drugs on | 6 | | an ongoing, year-round basis and must provide access for | 7 | | residents across the State as set forth in subsection (j). | 8 | | (j) A drug take-back program shall provide, in every | 9 | | county with a potential authorized collector, one authorized | 10 | | collection site and a minimum of at least one additional | 11 | | collection site for every 50,000 county residents, provided | 12 | | that there are enough potential authorized collectors offering | 13 | | to participate in the drug take-back program. | 14 | | All potential authorized collection sites that offer to | 15 | | participate in a drug take-back program shall be counted | 16 | | towards meeting the minimum number of authorized collection | 17 | | sites within a drug take-back program. Collection sites funded | 18 | | in part or in whole under a contract between a covered | 19 | | manufacturer and a pharmacy entered into on or before the | 20 | | effective date of this Act shall be counted towards the | 21 | | minimum requirements within this Section for so long as the | 22 | | contract continues. | 23 | | (k) A drug take-back program may include mail-back | 24 | | distribution locations or periodic collection events for each | 25 | | county in the State. The manufacturer program operator shall | 26 | | consult with each county authority identified in the written |
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| 1 | | notice prior to preparing the program plan to determine the | 2 | | role that mail-back distribution locations or periodic | 3 | | collection events will have in the drug take-back program. | 4 | | The requirement to hold periodic collection events shall | 5 | | be deemed to be satisfied if a manufacturer program operator | 6 | | makes reasonable efforts to arrange periodic collection events | 7 | | but they cannot be scheduled due to lack of law enforcement | 8 | | availability. | 9 | | A drug take-back program must permit a consumer who is a | 10 | | homeless, homebound, or disabled individual to request | 11 | | prepaid, preaddressed mailing envelopes. A manufacturer | 12 | | program operator shall accept the request through a website | 13 | | and toll-free telephone number that it must maintain to comply | 14 | | with the requests.
| 15 | | Section 30. Manufacturer program operator requirements. A | 16 | | manufacturer program operator shall: | 17 | | (1) Adopt policies and procedures to be followed by | 18 | | persons handling covered drugs collected under the program | 19 | | to ensure compliance with State and federal laws, rules, | 20 | | and regulations, including regulations adopted by the | 21 | | United States Drug Enforcement Administration. | 22 | | (2) Ensure the security of patient information on drug | 23 | | packaging during collection, transportation, recycling, | 24 | | and disposal. | 25 | | (3) Promote the program by providing consumers, |
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| 1 | | pharmacies, and other entities with educational and | 2 | | informational materials as required under Section 45. | 3 | | (4) Consider: | 4 | | (A) the use of existing providers of | 5 | | pharmaceutical waste transportation and disposal | 6 | | services; | 7 | | (B) separation of covered drugs from packaging to | 8 | | reduce transportation and disposal costs; and | 9 | | (C) recycling of drug packaging. | 10 | | Section 35. Drug take-back program approval. | 11 | | (a) By July 1, 2023, each covered manufacturer must | 12 | | individually or collectively submit to the Agency for review | 13 | | and approval a proposal for the establishment and | 14 | | implementation of a drug take-back program. The proposal must | 15 | | demonstrate that the drug take-back program will fulfill the | 16 | | requirements under Section 25. If the Agency receives more | 17 | | than one proposal for a drug take-back program, the Agency | 18 | | shall review all proposals in conjunction with one another to | 19 | | ensure the proposals are coordinated to achieve the authorized | 20 | | collection site coverage set forth in subsection (j) of | 21 | | Section 25. | 22 | | (b) The Agency shall approve a proposed program if each | 23 | | covered manufacturer and manufacturer program operator | 24 | | participating in the program has registered and paid the fee | 25 | | under Section 60, the program proposal demonstrates the |
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| 1 | | program fulfills the requirements under Section 25, and the | 2 | | proposal includes the following information on forms | 3 | | prescribed by the Agency: | 4 | | (1) The identity and contact information for the | 5 | | manufacturer program operator and each participating | 6 | | covered manufacturer. | 7 | | (2) The identity and contact information for the | 8 | | authorized collectors participating in the drug take-back | 9 | | program. | 10 | | (3) The identity of transporters and waste disposal | 11 | | facilities that the program will use to transport and | 12 | | dispose of collected covered drugs. | 13 | | (4) The identity of all potential authorized | 14 | | collectors that were notified of the opportunity to serve | 15 | | as an authorized collector, including how they were | 16 | | notified. | 17 | | (c) Within 90 days after receiving a drug take-back | 18 | | program proposal, the Agency shall either approve, reject, or | 19 | | approve with modification the proposal in writing to the | 20 | | manufacturer program operator. During this 90-day period, the | 21 | | Agency shall provide a 30-day public comment period on the | 22 | | drug take-back program proposal. If the Agency rejects the | 23 | | proposal, it shall provide the reason for rejection in the | 24 | | written notification to the manufacturer program operator. | 25 | | (d) No later than 90 days after receipt of a notice of | 26 | | rejection under subsection (c) of this Section, the |
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| 1 | | manufacturer or manufacturers participating in the program | 2 | | shall submit a revised proposal to the Agency. Within 90 days | 3 | | of receipt of a revised proposal the Agency shall either | 4 | | approve or reject the revised proposal in writing to the | 5 | | manufacturer program operator. During this 90-day period, the | 6 | | Agency shall provide a 30-day public comment period on the | 7 | | revised proposal. | 8 | | (e) After approval, covered manufacturers must, | 9 | | individually or collectively, initiate operation of a drug | 10 | | take-back program meeting the requirements under Section 25 no | 11 | | later than December 1, 2023. | 12 | | Section 40. Changes or modifications to the approved | 13 | | manufacturer drug take-back program. A manufacturer program | 14 | | operator shall maintain records for 5 years of any changes to | 15 | | an approved drug take-back program. These include, but are not | 16 | | limited to, changes in: | 17 | | (1) participating covered manufacturers; | 18 | | (2) collection methods; | 19 | | (3) collection site locations; or | 20 | | (4) contact information for the program operator or | 21 | | authorized collectors. | 22 | | Section 45. Drug take-back program promotion. Each drug | 23 | | take-back program must include a system of promotion, | 24 | | education, and public outreach about the proper collection and |
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| 1 | | management of covered drugs. If there is more than one drug | 2 | | take-back program operated by more than one manufacturer | 3 | | program operator, the requirements of this Section shall be | 4 | | implemented by all drug take-back programs collectively using | 5 | | a single toll-free number and website and similar education, | 6 | | outreach, and promotional materials. This may include, but is | 7 | | not limited to, signage, written materials to be provided at | 8 | | the time of purchase or delivery of covered drugs, and | 9 | | advertising or other promotional materials. At a minimum, | 10 | | promotion, education, and public outreach must include the | 11 | | following: | 12 | | (1) Promoting the proper management of drugs by | 13 | | residents and the collection of covered drugs through a | 14 | | drug take-back program. | 15 | | (2) Discouraging residents from disposing of drugs in | 16 | | household waste, sewers, or septic systems. | 17 | | (3) Promoting the use of the drug take-back program so | 18 | | that where and how to return covered drugs is readily | 19 | | understandable to residents. | 20 | | (4) Maintaining a toll-free telephone number and | 21 | | website publicizing collection options and collection | 22 | | sites, and discouraging improper disposal practices for | 23 | | covered drugs, such as disposal in household waste, | 24 | | sewers, or septic systems. | 25 | | (5) Preparing and distributing to program collection | 26 | | sites, for dissemination to consumers, the educational and |
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| 1 | | outreach materials. The materials must use plain language | 2 | | and explanatory images to make collection services and | 3 | | discouraged disposal practices readily understandable by | 4 | | residents, including residents with limited English | 5 | | proficiency. | 6 | | (6) Promotional materials prepared and distributed in | 7 | | conjunction with an approved drug take-back program under | 8 | | this Section may not be used to promote in-home disposal | 9 | | products of any kind, including, but not limited to, | 10 | | in-home disposal products of authorized collectors | 11 | | participating in a drug take-back program. | 12 | | The program promotion requirements under this Section do | 13 | | not apply to any drug take-back program established prior to | 14 | | the effective date of this Act that provides promotional or | 15 | | educational materials to the public about the proper | 16 | | collection and management of covered drugs. | 17 | | Section 50. Annual program report. | 18 | | (a) By April 1, 2025, and each April 1 thereafter, a | 19 | | manufacturer program operator must submit to the Agency a | 20 | | report describing implementation of the drug take-back program | 21 | | during the previous calendar year. The report must include: | 22 | | (1) a list of the covered manufacturers participating | 23 | | in the drug take-back program during the program year; | 24 | | (2) the total amount, by weight, of covered drugs | 25 | | collected and the amount, by weight, from each collection |
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| 1 | | method used during the program year, reported by county; | 2 | | (3) the total amount, by weight, of covered drugs | 3 | | collected from each collection site during the prior year; | 4 | | (4) the following details regarding the program's | 5 | | collection system: | 6 | | (A) a list of collection sites, with addresses; | 7 | | (B) collection sites where mailers to program | 8 | | collection sites, for dissemination to consumers, and | 9 | | education and outreach materials were made available | 10 | | to the public; | 11 | | (C) dates and locations of collection events held; | 12 | | and | 13 | | (D) the transporters and disposal facility or | 14 | | facilities used to dispose of the covered drugs | 15 | | collected; | 16 | | (5) a description of the promotion, education, and | 17 | | public outreach activities implemented; | 18 | | (6) a description of how collected packaging was | 19 | | recycled to the extent feasible; and | 20 | | (7) an evaluation of the program's effectiveness in | 21 | | collecting covered drugs during the program year and of | 22 | | any program changes that have been implemented. | 23 | | Section 55. Manufacturer drug take-back program funding. | 24 | | (a) A covered manufacturer or group of covered | 25 | | manufacturers must pay all administrative and operational |
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| 1 | | costs associated with establishing and implementing the drug | 2 | | take-back program in which it participates. Such | 3 | | administrative and operational costs include, but are not | 4 | | limited to: | 5 | | (1) collection and transportation supplies for each | 6 | | collection site; | 7 | | (2) purchase of collection receptacles for each | 8 | | collection site; | 9 | | (3) ongoing maintenance or replacement of collection | 10 | | receptacles when requested by authorized collectors; | 11 | | (4) costs related to prepaid, preaddressed mail; | 12 | | (5) compensation of authorized collectors, if | 13 | | applicable; | 14 | | (6) operation of periodic collection events, | 15 | | including, but not limited to, the cost of law enforcement | 16 | | staff time; | 17 | | (7) transportation of all collected covered drugs to | 18 | | final disposal; | 19 | | (8) proper disposal of all collected covered drugs in | 20 | | compliance with State and federal laws, rules, and | 21 | | regulations; and | 22 | | (9) program promotion and outreach.
| 23 | | (b) A manufacturer program operator shall allocate to | 24 | | covered manufacturers participating in the drug take-back | 25 | | program the administration and operational costs of the | 26 | | programs. The method of cost allocation shall be included in |
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| 1 | | the drug take-back program proposal required under Section 35. | 2 | | (c) A manufacturer program operator, covered manufacturer, | 3 | | authorized collector, or other person may not charge: | 4 | | (1) a specific point-of-sale fee to consumers to | 5 | | recoup the costs of a drug take-back program; | 6 | | (2) a specific point-of-collection fee at the time | 7 | | covered drugs are collected from a person; or | 8 | | (3) an increase in the cost of covered drugs to recoup | 9 | | the costs of a drug take-back program. | 10 | | (d) A manufacturer program operator or covered | 11 | | manufacturer shall not charge any fee to an authorized | 12 | | collector or authorized collection site. | 13 | | (e) The funding requirements in this Section shall not | 14 | | apply to a pharmacy location that is part of an existing | 15 | | contractual agreement entered into prior to the effective date | 16 | | of this Act between a pharmacy and a covered manufacturer to | 17 | | fund in part or whole the collection, transportation, or | 18 | | disposal of a covered drug so long as that contractual | 19 | | arrangement continues. | 20 | | Section 60. Registration fee. | 21 | | (a) By January 1, 2023, and by January 1 of each year | 22 | | thereafter, each covered manufacturer and manufacturer program | 23 | | operator shall register with the Agency and submit to the | 24 | | Agency a $2,500 registration fee. | 25 | | (b) All fees collected under this Section must be |
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| 1 | | deposited in the Solid Waste Management Fund to be used solely | 2 | | for the administration of this Act. | 3 | | Section 65. Rules; enforcement; penalties. | 4 | | (a) The Agency may adopt any rules it deems necessary to | 5 | | implement and administer this Act. | 6 | | (b) Except as otherwise provided in this Act, any person | 7 | | who violates any provision of this Act is liable for a civil | 8 | | penalty of $7,000 per violation per day, provided that the | 9 | | penalty for failure to register or pay a fee under this Act | 10 | | shall be double the applicable registration fee. | 11 | | (c) The penalties provided for in this Section may be | 12 | | recovered in a civil action brought in the name of the People | 13 | | of the State of Illinois by the State's Attorney of the county | 14 | | in which the violation occurred or by the Attorney General. | 15 | | Any penalties collected under this Section in an action in | 16 | | which the Attorney General has prevailed shall be deposited in | 17 | | the Environmental Protection Trust Fund. | 18 | | (d) The Attorney General or the State's Attorney of a | 19 | | county in which a violation occurs may institute a civil | 20 | | action for an injunction, prohibitory or mandatory, to | 21 | | restrain violations of this Act or to require such actions as | 22 | | may be necessary to address violations of this Act. | 23 | | (e) The penalties and injunctions provided in this Act are | 24 | | in addition to any penalties, injunctions, or other relief | 25 | | provided under any other law. Nothing in this Act bars a cause |
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| 1 | | of action by the State for any other penalty, injunction, or | 2 | | other relief provided by any other law. | 3 | | (f) Any person who knowingly makes a false, fictitious, or | 4 | | fraudulent material statement, orally or in writing, to the | 5 | | Agency, related to or required by this Act or any rule adopted | 6 | | under this Act commits a Class 4 felony, and each such | 7 | | statement or writing shall be considered a separate Class 4 | 8 | | felony. A person who, after being convicted under this | 9 | | subsection (f), violates this subsection (f) a second or | 10 | | subsequent time, commits a Class 3 felony. | 11 | | Section 70. Antitrust immunity. The activities authorized | 12 | | by this Act require collaboration among covered manufacturers | 13 | | and among authorized collectors. These activities will enable | 14 | | safe and secure collection and disposal of covered drugs in | 15 | | Illinois and are therefore in the best interest of the public. | 16 | | The benefits of collaboration, together with active State | 17 | | supervision, outweigh potential adverse impacts. Therefore, | 18 | | the General Assembly intends to exempt from State antitrust | 19 | | laws, and provide immunity through the state action doctrine | 20 | | from federal antitrust laws, activities that are undertaken | 21 | | pursuant to this Act that might otherwise be constrained by | 22 | | such laws. The General Assembly does not intend and does not | 23 | | authorize any person or entity to engage in activities not | 24 | | provided for by this Act, and the General Assembly neither | 25 | | exempts nor provides immunity for such activities. |
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| 1 | | Section 75. Public disclosure. Proprietary information | 2 | | submitted to the Agency under this Act is exempted from | 3 | | disclosure as provided under paragraphs (g) and (mm) of | 4 | | subsection (1) of Section 7 of the Freedom of Information Act. | 5 | | Section 90. Home rule. | 6 | | (a) It is the intent of the General Assembly that, in order | 7 | | to ensure a uniform, statewide solution, on and after the | 8 | | effective date of this Act no unit of local government shall | 9 | | mandate that a new drug take-back or disposal program be | 10 | | created and no expansion or change of an existing program or | 11 | | program requirement by a unit of local government shall occur | 12 | | that is inconsistent with this Act. | 13 | | (b) A home rule municipality may not regulate drug | 14 | | take-back programs in a manner inconsistent with the | 15 | | regulation by the State of drug take-back programs under this | 16 | | Act. This Section is a limitation under subsection (i) of | 17 | | Section 6 of Article VII of the Illinois Constitution on the | 18 | | concurrent exercise by home rule units of powers and functions | 19 | | exercised by the State. | 20 | | Section 95. The Freedom of Information Act is amended by | 21 | | changing Section 7 as follows: | 22 | | (5 ILCS 140/7) (from Ch. 116, par. 207) |
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| 1 | | Sec. 7. Exemptions.
| 2 | | (1) When a request is made to inspect or copy a public | 3 | | record that contains information that is exempt from | 4 | | disclosure under this Section, but also contains information | 5 | | that is not exempt from disclosure, the public body may elect | 6 | | to redact the information that is exempt. The public body | 7 | | shall make the remaining information available for inspection | 8 | | and copying. Subject to this requirement, the following shall | 9 | | be exempt from inspection and copying:
| 10 | | (a) Information specifically prohibited from | 11 | | disclosure by federal or
State law or rules and | 12 | | regulations implementing federal or State law.
| 13 | | (b) Private information, unless disclosure is required | 14 | | by another provision of this Act, a State or federal law or | 15 | | a court order. | 16 | | (b-5) Files, documents, and other data or databases | 17 | | maintained by one or more law enforcement agencies and | 18 | | specifically designed to provide information to one or | 19 | | more law enforcement agencies regarding the physical or | 20 | | mental status of one or more individual subjects. | 21 | | (c) Personal information contained within public | 22 | | records, the disclosure of which would constitute a | 23 | | clearly
unwarranted invasion of personal privacy, unless | 24 | | the disclosure is
consented to in writing by the | 25 | | individual subjects of the information. "Unwarranted | 26 | | invasion of personal privacy" means the disclosure of |
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| 1 | | information that is highly personal or objectionable to a | 2 | | reasonable person and in which the subject's right to | 3 | | privacy outweighs any legitimate public interest in | 4 | | obtaining the information. The
disclosure of information | 5 | | that bears on the public duties of public
employees and | 6 | | officials shall not be considered an invasion of personal
| 7 | | privacy.
| 8 | | (d) Records in the possession of any public body | 9 | | created in the course of administrative enforcement
| 10 | | proceedings, and any law enforcement or correctional | 11 | | agency for
law enforcement purposes,
but only to the | 12 | | extent that disclosure would:
| 13 | | (i) interfere with pending or actually and | 14 | | reasonably contemplated
law enforcement proceedings | 15 | | conducted by any law enforcement or correctional
| 16 | | agency that is the recipient of the request;
| 17 | | (ii) interfere with active administrative | 18 | | enforcement proceedings
conducted by the public body | 19 | | that is the recipient of the request;
| 20 | | (iii) create a substantial likelihood that a | 21 | | person will be deprived of a fair trial or an impartial | 22 | | hearing;
| 23 | | (iv) unavoidably disclose the identity of a | 24 | | confidential source, confidential information | 25 | | furnished only by the confidential source, or persons | 26 | | who file complaints with or provide information to |
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| 1 | | administrative, investigative, law enforcement, or | 2 | | penal agencies; except that the identities of | 3 | | witnesses to traffic accidents, traffic accident | 4 | | reports, and rescue reports shall be provided by | 5 | | agencies of local government, except when disclosure | 6 | | would interfere with an active criminal investigation | 7 | | conducted by the agency that is the recipient of the | 8 | | request;
| 9 | | (v) disclose unique or specialized investigative | 10 | | techniques other than
those generally used and known | 11 | | or disclose internal documents of
correctional | 12 | | agencies related to detection, observation or | 13 | | investigation of
incidents of crime or misconduct, and | 14 | | disclosure would result in demonstrable harm to the | 15 | | agency or public body that is the recipient of the | 16 | | request;
| 17 | | (vi) endanger the life or physical safety of law | 18 | | enforcement personnel
or any other person; or
| 19 | | (vii) obstruct an ongoing criminal investigation | 20 | | by the agency that is the recipient of the request.
| 21 | | (d-5) A law enforcement record created for law | 22 | | enforcement purposes and contained in a shared electronic | 23 | | record management system if the law enforcement agency | 24 | | that is the recipient of the request did not create the | 25 | | record, did not participate in or have a role in any of the | 26 | | events which are the subject of the record, and only has |
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| 1 | | access to the record through the shared electronic record | 2 | | management system. | 3 | | (d-6) Records contained in the Officer Professional | 4 | | Conduct Database under Section 9.2 9.4 of the Illinois | 5 | | Police Training Act, except to the extent authorized under | 6 | | that Section. This includes the documents supplied to the | 7 | | Illinois Law Enforcement Training Standards Board from the | 8 | | Illinois State Police and Illinois State Police Merit | 9 | | Board. | 10 | | (e) Records that relate to or affect the security of | 11 | | correctional
institutions and detention facilities.
| 12 | | (e-5) Records requested by persons committed to the | 13 | | Department of Corrections, Department of Human Services | 14 | | Division of Mental Health, or a county jail if those | 15 | | materials are available in the library of the correctional | 16 | | institution or facility or jail where the inmate is | 17 | | confined. | 18 | | (e-6) Records requested by persons committed to the | 19 | | Department of Corrections, Department of Human Services | 20 | | Division of Mental Health, or a county jail if those | 21 | | materials include records from staff members' personnel | 22 | | files, staff rosters, or other staffing assignment | 23 | | information. | 24 | | (e-7) Records requested by persons committed to the | 25 | | Department of Corrections or Department of Human Services | 26 | | Division of Mental Health if those materials are available |
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| 1 | | through an administrative request to the Department of | 2 | | Corrections or Department of Human Services Division of | 3 | | Mental Health. | 4 | | (e-8) Records requested by a person committed to the | 5 | | Department of Corrections, Department of Human Services | 6 | | Division of Mental Health, or a county jail, the | 7 | | disclosure of which would result in the risk of harm to any | 8 | | person or the risk of an escape from a jail or correctional | 9 | | institution or facility. | 10 | | (e-9) Records requested by a person in a county jail | 11 | | or committed to the Department of Corrections or | 12 | | Department of Human Services Division of Mental Health, | 13 | | containing personal information pertaining to the person's | 14 | | victim or the victim's family, including, but not limited | 15 | | to, a victim's home address, home telephone number, work | 16 | | or school address, work telephone number, social security | 17 | | number, or any other identifying information, except as | 18 | | may be relevant to a requester's current or potential case | 19 | | or claim. | 20 | | (e-10) Law enforcement records of other persons | 21 | | requested by a person committed to the Department of | 22 | | Corrections, Department of Human Services Division of | 23 | | Mental Health, or a county jail, including, but not | 24 | | limited to, arrest and booking records, mug shots, and | 25 | | crime scene photographs, except as these records may be | 26 | | relevant to the requester's current or potential case or |
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| 1 | | claim. | 2 | | (f) Preliminary drafts, notes, recommendations, | 3 | | memoranda and other
records in which opinions are | 4 | | expressed, or policies or actions are
formulated, except | 5 | | that a specific record or relevant portion of a
record | 6 | | shall not be exempt when the record is publicly cited
and | 7 | | identified by the head of the public body. The exemption | 8 | | provided in
this paragraph (f) extends to all those | 9 | | records of officers and agencies
of the General Assembly | 10 | | that pertain to the preparation of legislative
documents.
| 11 | | (g) Trade secrets and commercial or financial | 12 | | information obtained from
a person or business where the | 13 | | trade secrets or commercial or financial information are | 14 | | furnished under a claim that they are
proprietary, | 15 | | privileged, or confidential, and that disclosure of the | 16 | | trade
secrets or commercial or financial information would | 17 | | cause competitive harm to the person or business, and only | 18 | | insofar as the claim directly applies to the records | 19 | | requested. | 20 | | The information included under this exemption includes | 21 | | all trade secrets and commercial or financial information | 22 | | obtained by a public body, including a public pension | 23 | | fund, from a private equity fund or a privately held | 24 | | company within the investment portfolio of a private | 25 | | equity fund as a result of either investing or evaluating | 26 | | a potential investment of public funds in a private equity |
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| 1 | | fund. The exemption contained in this item does not apply | 2 | | to the aggregate financial performance information of a | 3 | | private equity fund, nor to the identity of the fund's | 4 | | managers or general partners. The exemption contained in | 5 | | this item does not apply to the identity of a privately | 6 | | held company within the investment portfolio of a private | 7 | | equity fund, unless the disclosure of the identity of a | 8 | | privately held company may cause competitive harm. | 9 | | Nothing contained in this
paragraph (g) shall be | 10 | | construed to prevent a person or business from
consenting | 11 | | to disclosure.
| 12 | | (h) Proposals and bids for any contract, grant, or | 13 | | agreement, including
information which if it were | 14 | | disclosed would frustrate procurement or give
an advantage | 15 | | to any person proposing to enter into a contractor | 16 | | agreement
with the body, until an award or final selection | 17 | | is made. Information
prepared by or for the body in | 18 | | preparation of a bid solicitation shall be
exempt until an | 19 | | award or final selection is made.
| 20 | | (i) Valuable formulae,
computer geographic systems,
| 21 | | designs, drawings and research data obtained or
produced | 22 | | by any public body when disclosure could reasonably be | 23 | | expected to
produce private gain or public loss.
The | 24 | | exemption for "computer geographic systems" provided in | 25 | | this paragraph
(i) does not extend to requests made by | 26 | | news media as defined in Section 2 of
this Act when the |
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| 1 | | requested information is not otherwise exempt and the only
| 2 | | purpose of the request is to access and disseminate | 3 | | information regarding the
health, safety, welfare, or | 4 | | legal rights of the general public.
| 5 | | (j) The following information pertaining to | 6 | | educational matters: | 7 | | (i) test questions, scoring keys and other | 8 | | examination data used to
administer an academic | 9 | | examination;
| 10 | | (ii) information received by a primary or | 11 | | secondary school, college, or university under its | 12 | | procedures for the evaluation of faculty members by | 13 | | their academic peers; | 14 | | (iii) information concerning a school or | 15 | | university's adjudication of student disciplinary | 16 | | cases, but only to the extent that disclosure would | 17 | | unavoidably reveal the identity of the student; and | 18 | | (iv) course materials or research materials used | 19 | | by faculty members. | 20 | | (k) Architects' plans, engineers' technical | 21 | | submissions, and
other
construction related technical | 22 | | documents for
projects not constructed or developed in | 23 | | whole or in part with public funds
and the same for | 24 | | projects constructed or developed with public funds, | 25 | | including, but not limited to, power generating and | 26 | | distribution stations and other transmission and |
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| 1 | | distribution facilities, water treatment facilities, | 2 | | airport facilities, sport stadiums, convention centers, | 3 | | and all government owned, operated, or occupied buildings, | 4 | | but
only to the extent
that disclosure would compromise | 5 | | security.
| 6 | | (l) Minutes of meetings of public bodies closed to the
| 7 | | public as provided in the Open Meetings Act until the | 8 | | public body
makes the minutes available to the public | 9 | | under Section 2.06 of the Open
Meetings Act.
| 10 | | (m) Communications between a public body and an | 11 | | attorney or auditor
representing the public body that | 12 | | would not be subject to discovery in
litigation, and | 13 | | materials prepared or compiled by or for a public body in
| 14 | | anticipation of a criminal, civil, or administrative | 15 | | proceeding upon the
request of an attorney advising the | 16 | | public body, and materials prepared or
compiled with | 17 | | respect to internal audits of public bodies.
| 18 | | (n) Records relating to a public body's adjudication | 19 | | of employee grievances or disciplinary cases; however, | 20 | | this exemption shall not extend to the final outcome of | 21 | | cases in which discipline is imposed.
| 22 | | (o) Administrative or technical information associated | 23 | | with automated
data processing operations, including, but | 24 | | not limited to, software,
operating protocols, computer | 25 | | program abstracts, file layouts, source
listings, object | 26 | | modules, load modules, user guides, documentation
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| 1 | | pertaining to all logical and physical design of | 2 | | computerized systems,
employee manuals, and any other | 3 | | information that, if disclosed, would
jeopardize the | 4 | | security of the system or its data or the security of
| 5 | | materials exempt under this Section.
| 6 | | (p) Records relating to collective negotiating matters
| 7 | | between public bodies and their employees or | 8 | | representatives, except that
any final contract or | 9 | | agreement shall be subject to inspection and copying.
| 10 | | (q) Test questions, scoring keys, and other | 11 | | examination data used to determine the qualifications of | 12 | | an applicant for a license or employment.
| 13 | | (r) The records, documents, and information relating | 14 | | to real estate
purchase negotiations until those | 15 | | negotiations have been completed or
otherwise terminated. | 16 | | With regard to a parcel involved in a pending or
actually | 17 | | and reasonably contemplated eminent domain proceeding | 18 | | under the Eminent Domain Act, records, documents, and
| 19 | | information relating to that parcel shall be exempt except | 20 | | as may be
allowed under discovery rules adopted by the | 21 | | Illinois Supreme Court. The
records, documents, and | 22 | | information relating to a real estate sale shall be
exempt | 23 | | until a sale is consummated.
| 24 | | (s) Any and all proprietary information and records | 25 | | related to the
operation of an intergovernmental risk | 26 | | management association or
self-insurance pool or jointly |
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| 1 | | self-administered health and accident
cooperative or pool.
| 2 | | Insurance or self insurance (including any | 3 | | intergovernmental risk management association or self | 4 | | insurance pool) claims, loss or risk management | 5 | | information, records, data, advice or communications.
| 6 | | (t) Information contained in or related to | 7 | | examination, operating, or
condition reports prepared by, | 8 | | on behalf of, or for the use of a public
body responsible | 9 | | for the regulation or supervision of financial
| 10 | | institutions, insurance companies, or pharmacy benefit | 11 | | managers, unless disclosure is otherwise
required by State | 12 | | law.
| 13 | | (u) Information that would disclose
or might lead to | 14 | | the disclosure of
secret or confidential information, | 15 | | codes, algorithms, programs, or private
keys intended to | 16 | | be used to create electronic signatures under the Uniform | 17 | | Electronic Transactions Act.
| 18 | | (v) Vulnerability assessments, security measures, and | 19 | | response policies
or plans that are designed to identify, | 20 | | prevent, or respond to potential
attacks upon a | 21 | | community's population or systems, facilities, or | 22 | | installations,
the destruction or contamination of which | 23 | | would constitute a clear and present
danger to the health | 24 | | or safety of the community, but only to the extent that
| 25 | | disclosure could reasonably be expected to jeopardize the | 26 | | effectiveness of the
measures or the safety of the |
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| 1 | | personnel who implement them or the public.
Information | 2 | | exempt under this item may include such things as details
| 3 | | pertaining to the mobilization or deployment of personnel | 4 | | or equipment, to the
operation of communication systems or | 5 | | protocols, or to tactical operations.
| 6 | | (w) (Blank). | 7 | | (x) Maps and other records regarding the location or | 8 | | security of generation, transmission, distribution, | 9 | | storage, gathering,
treatment, or switching facilities | 10 | | owned by a utility, by a power generator, or by the | 11 | | Illinois Power Agency.
| 12 | | (y) Information contained in or related to proposals, | 13 | | bids, or negotiations related to electric power | 14 | | procurement under Section 1-75 of the Illinois Power | 15 | | Agency Act and Section 16-111.5 of the Public Utilities | 16 | | Act that is determined to be confidential and proprietary | 17 | | by the Illinois Power Agency or by the Illinois Commerce | 18 | | Commission.
| 19 | | (z) Information about students exempted from | 20 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 21 | | School Code, and information about undergraduate students | 22 | | enrolled at an institution of higher education exempted | 23 | | from disclosure under Section 25 of the Illinois Credit | 24 | | Card Marketing Act of 2009. | 25 | | (aa) Information the disclosure of which is
exempted | 26 | | under the Viatical Settlements Act of 2009.
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| 1 | | (bb) Records and information provided to a mortality | 2 | | review team and records maintained by a mortality review | 3 | | team appointed under the Department of Juvenile Justice | 4 | | Mortality Review Team Act. | 5 | | (cc) Information regarding interments, entombments, or | 6 | | inurnments of human remains that are submitted to the | 7 | | Cemetery Oversight Database under the Cemetery Care Act or | 8 | | the Cemetery Oversight Act, whichever is applicable. | 9 | | (dd) Correspondence and records (i) that may not be | 10 | | disclosed under Section 11-9 of the Illinois Public Aid | 11 | | Code or (ii) that pertain to appeals under Section 11-8 of | 12 | | the Illinois Public Aid Code. | 13 | | (ee) The names, addresses, or other personal | 14 | | information of persons who are minors and are also | 15 | | participants and registrants in programs of park | 16 | | districts, forest preserve districts, conservation | 17 | | districts, recreation agencies, and special recreation | 18 | | associations. | 19 | | (ff) The names, addresses, or other personal | 20 | | information of participants and registrants in programs of | 21 | | park districts, forest preserve districts, conservation | 22 | | districts, recreation agencies, and special recreation | 23 | | associations where such programs are targeted primarily to | 24 | | minors. | 25 | | (gg) Confidential information described in Section | 26 | | 1-100 of the Illinois Independent Tax Tribunal Act of |
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| 1 | | 2012. | 2 | | (hh) The report submitted to the State Board of | 3 | | Education by the School Security and Standards Task Force | 4 | | under item (8) of subsection (d) of Section 2-3.160 of the | 5 | | School Code and any information contained in that report. | 6 | | (ii) Records requested by persons committed to or | 7 | | detained by the Department of Human Services under the | 8 | | Sexually Violent Persons Commitment Act or committed to | 9 | | the Department of Corrections under the Sexually Dangerous | 10 | | Persons Act if those materials: (i) are available in the | 11 | | library of the facility where the individual is confined; | 12 | | (ii) include records from staff members' personnel files, | 13 | | staff rosters, or other staffing assignment information; | 14 | | or (iii) are available through an administrative request | 15 | | to the Department of Human Services or the Department of | 16 | | Corrections. | 17 | | (jj) Confidential information described in Section | 18 | | 5-535 of the Civil Administrative Code of Illinois. | 19 | | (kk) The public body's credit card numbers, debit card | 20 | | numbers, bank account numbers, Federal Employer | 21 | | Identification Number, security code numbers, passwords, | 22 | | and similar account information, the disclosure of which | 23 | | could result in identity theft or impression or defrauding | 24 | | of a governmental entity or a person. | 25 | | (ll) Records concerning the work of the threat | 26 | | assessment team of a school district. |
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| 1 | | (mm) Proprietary information submitted to the
| 2 | | Environmental Protection Agency under the Drug Take-Back
| 3 | | Act. | 4 | | (1.5) Any information exempt from disclosure under the | 5 | | Judicial Privacy Act shall be redacted from public records | 6 | | prior to disclosure under this Act. | 7 | | (2) A public record that is not in the possession of a | 8 | | public body but is in the possession of a party with whom the | 9 | | agency has contracted to perform a governmental function on | 10 | | behalf of the public body, and that directly relates to the | 11 | | governmental function and is not otherwise exempt under this | 12 | | Act, shall be considered a public record of the public body, | 13 | | for purposes of this Act. | 14 | | (3) This Section does not authorize withholding of | 15 | | information or limit the
availability of records to the | 16 | | public, except as stated in this Section or
otherwise provided | 17 | | in this Act.
| 18 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 19 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 20 | | 6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.) | 21 | | Section 100. The Environmental Protection Act is amended | 22 | | by changing Sections 22.15 and 22.55 as follows:
| 23 | | (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
| 24 | | Sec. 22.15. Solid Waste Management Fund; fees.
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| 1 | | (a) There is hereby created within the State Treasury a
| 2 | | special fund to be known as the Solid Waste Management Fund, to | 3 | | be
constituted from the fees collected by the State pursuant | 4 | | to this Section,
from repayments of loans made from the Fund | 5 | | for solid waste projects, from registration fees collected | 6 | | pursuant to the Consumer Electronics Recycling Act, and from | 7 | | amounts transferred into the Fund pursuant to Public Act | 8 | | 100-433.
Moneys received by either the Agency or the | 9 | | Department of Commerce and Economic Opportunity
in repayment | 10 | | of loans made pursuant to the Illinois Solid Waste Management
| 11 | | Act shall be deposited into the General Revenue Fund.
| 12 | | (b) The Agency shall assess and collect a
fee in the amount | 13 | | set forth herein from the owner or operator of each sanitary
| 14 | | landfill permitted or required to be permitted by the Agency | 15 | | to dispose of
solid waste if the sanitary landfill is located | 16 | | off the site where such waste
was produced and if such sanitary | 17 | | landfill is owned, controlled, and operated
by a person other | 18 | | than the generator of such waste. The Agency shall deposit
all | 19 | | fees collected into the Solid Waste Management Fund. If a site | 20 | | is
contiguous to one or more landfills owned or operated by the | 21 | | same person, the
volumes permanently disposed of by each | 22 | | landfill shall be combined for purposes
of determining the fee | 23 | | under this subsection. Beginning on July 1, 2018, and on the | 24 | | first day of each month thereafter during fiscal years 2019 | 25 | | through 2022, the State Comptroller shall direct and State | 26 | | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 |
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| 1 | | per fiscal year from the Solid Waste Management Fund to the | 2 | | General Revenue Fund.
| 3 | | (1) If more than 150,000 cubic yards of non-hazardous | 4 | | solid waste is
permanently disposed of at a site in a | 5 | | calendar year, the owner or operator
shall either pay a | 6 | | fee of 95 cents per cubic yard or,
alternatively, the | 7 | | owner or operator may weigh the quantity of the solid | 8 | | waste
permanently disposed of with a device for which | 9 | | certification has been obtained
under the Weights and | 10 | | Measures Act and pay a fee of $2.00 per
ton of solid waste | 11 | | permanently disposed of. In no case shall the fee | 12 | | collected
or paid by the owner or operator under this | 13 | | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
| 14 | | (2) If more than 100,000 cubic yards but not more than | 15 | | 150,000 cubic
yards of non-hazardous waste is permanently | 16 | | disposed of at a site in a calendar
year, the owner or | 17 | | operator shall pay a fee of $52,630.
| 18 | | (3) If more than 50,000 cubic yards but not more than | 19 | | 100,000 cubic
yards of non-hazardous solid waste is | 20 | | permanently disposed of at a site
in a calendar year, the | 21 | | owner or operator shall pay a fee of $23,790.
| 22 | | (4) If more than 10,000 cubic yards but not more than | 23 | | 50,000 cubic
yards of non-hazardous solid waste is | 24 | | permanently disposed of at a site
in a calendar year, the | 25 | | owner or operator shall pay a fee of $7,260.
| 26 | | (5) If not more than 10,000 cubic yards of |
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| 1 | | non-hazardous solid waste is
permanently disposed of at a | 2 | | site in a calendar year, the owner or operator
shall pay a | 3 | | fee of $1050.
| 4 | | (c) (Blank).
| 5 | | (d) The Agency shall establish rules relating to the | 6 | | collection of the
fees authorized by this Section. Such rules | 7 | | shall include, but not be
limited to:
| 8 | | (1) necessary records identifying the quantities of | 9 | | solid waste received
or disposed;
| 10 | | (2) the form and submission of reports to accompany | 11 | | the payment of fees
to the Agency;
| 12 | | (3) the time and manner of payment of fees to the | 13 | | Agency, which payments
shall not be more often than | 14 | | quarterly; and
| 15 | | (4) procedures setting forth criteria establishing | 16 | | when an owner or
operator may measure by weight or volume | 17 | | during any given quarter or other
fee payment period.
| 18 | | (e) Pursuant to appropriation, all monies in the Solid | 19 | | Waste Management
Fund shall be used by the Agency for the | 20 | | purposes set forth in this Section and in the Illinois
Solid | 21 | | Waste Management Act, including for the costs of fee | 22 | | collection and
administration, and for the administration of | 23 | | (1) the Consumer Electronics Recycling Act and the Drug | 24 | | Take-Back Act (2) until January 1, 2020, the Electronic | 25 | | Products Recycling and Reuse Act .
| 26 | | (f) The Agency is authorized to enter into such agreements |
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| 1 | | and to
promulgate such rules as are necessary to carry out its | 2 | | duties under this
Section and the Illinois Solid Waste | 3 | | Management Act.
| 4 | | (g) On the first day of January, April, July, and October | 5 | | of each year,
beginning on July 1, 1996, the State Comptroller | 6 | | and Treasurer shall
transfer $500,000 from the Solid Waste | 7 | | Management Fund to the Hazardous Waste
Fund. Moneys | 8 | | transferred under this subsection (g) shall be used only for | 9 | | the
purposes set forth in item (1) of subsection (d) of Section | 10 | | 22.2.
| 11 | | (h) The Agency is authorized to provide financial | 12 | | assistance to units of
local government for the performance of | 13 | | inspecting, investigating and
enforcement activities pursuant | 14 | | to Section 4(r) at nonhazardous solid
waste disposal sites.
| 15 | | (i) The Agency is authorized to conduct household waste | 16 | | collection and
disposal programs.
| 17 | | (j) A unit of local government, as defined in the Local | 18 | | Solid Waste Disposal
Act, in which a solid waste disposal | 19 | | facility is located may establish a fee,
tax, or surcharge | 20 | | with regard to the permanent disposal of solid waste.
All | 21 | | fees, taxes, and surcharges collected under this subsection | 22 | | shall be
utilized for solid waste management purposes, | 23 | | including long-term monitoring
and maintenance of landfills, | 24 | | planning, implementation, inspection, enforcement
and other | 25 | | activities consistent with the Solid Waste Management Act and | 26 | | the
Local Solid Waste Disposal Act, or for any other |
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| 1 | | environment-related purpose,
including , but not limited to , an | 2 | | environment-related public works project, but
not for the | 3 | | construction of a new pollution control facility other than a
| 4 | | household hazardous waste facility. However, the total fee, | 5 | | tax or surcharge
imposed by all units of local government | 6 | | under this subsection (j) upon the
solid waste disposal | 7 | | facility shall not exceed:
| 8 | | (1) 60˘ per cubic yard if more than 150,000 cubic | 9 | | yards of non-hazardous
solid waste is permanently disposed | 10 | | of at the site in a calendar year, unless
the owner or | 11 | | operator weighs the quantity of the solid waste received | 12 | | with a
device for which certification has been obtained | 13 | | under the Weights and Measures
Act, in which case the fee | 14 | | shall not exceed $1.27 per ton of solid waste
permanently | 15 | | disposed of.
| 16 | | (2) $33,350 if more than 100,000
cubic yards, but not | 17 | | more than 150,000 cubic yards, of non-hazardous waste
is | 18 | | permanently disposed of at the site in a calendar year.
| 19 | | (3) $15,500 if more than 50,000 cubic
yards, but not | 20 | | more than 100,000 cubic yards, of non-hazardous solid | 21 | | waste is
permanently disposed of at the site in a calendar | 22 | | year.
| 23 | | (4) $4,650 if more than 10,000 cubic
yards, but not | 24 | | more than 50,000 cubic yards, of non-hazardous solid waste
| 25 | | is permanently disposed of at the site in a calendar year.
| 26 | | (5) $650 if not more than 10,000 cubic
yards of |
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| 1 | | non-hazardous solid waste is permanently disposed of at | 2 | | the site in
a calendar year.
| 3 | | The corporate authorities of the unit of local government
| 4 | | may use proceeds from the fee, tax, or surcharge to reimburse a | 5 | | highway
commissioner whose road district lies wholly or | 6 | | partially within the
corporate limits of the unit of local | 7 | | government for expenses incurred in
the removal of | 8 | | nonhazardous, nonfluid municipal waste that has been dumped
on | 9 | | public property in violation of a State law or local | 10 | | ordinance.
| 11 | | For the disposal of solid waste from general construction
| 12 | | or demolition debris recovery facilities as defined in | 13 | | subsection (a-1) of Section 3.160, the total fee, tax, or | 14 | | surcharge imposed by
all units of local government under this | 15 | | subsection (j) upon
the solid waste disposal facility shall | 16 | | not exceed 50% of the
applicable amount set forth above. A unit | 17 | | of local government,
as defined in the Local Solid Waste | 18 | | Disposal Act, in which a
general construction or demolition | 19 | | debris recovery facility is
located may establish a fee, tax, | 20 | | or surcharge on the general construction or demolition debris | 21 | | recovery facility with
regard to the permanent disposal of | 22 | | solid waste by the
general construction or demolition debris | 23 | | recovery facility at
a solid waste disposal facility, provided | 24 | | that such fee, tax,
or surcharge shall not exceed 50% of the | 25 | | applicable amount set
forth above, based on the total amount | 26 | | of solid waste transported from the general construction or |
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| 1 | | demolition debris recovery facility for disposal at solid | 2 | | waste disposal facilities, and the unit of local government | 3 | | and fee shall be
subject to all other requirements of this | 4 | | subsection (j). | 5 | | A county or Municipal Joint Action Agency that imposes a | 6 | | fee, tax, or
surcharge under this subsection may use the | 7 | | proceeds thereof to reimburse a
municipality that lies wholly | 8 | | or partially within its boundaries for expenses
incurred in | 9 | | the removal of nonhazardous, nonfluid municipal waste that has | 10 | | been
dumped on public property in violation of a State law or | 11 | | local ordinance.
| 12 | | If the fees are to be used to conduct a local sanitary | 13 | | landfill
inspection or enforcement program, the unit of local | 14 | | government must enter
into a written delegation agreement with | 15 | | the Agency pursuant to subsection
(r) of Section 4. The unit of | 16 | | local government and the Agency shall enter
into such a | 17 | | written delegation agreement within 60 days after the
| 18 | | establishment of such fees. At least annually,
the Agency | 19 | | shall conduct an audit of the expenditures made by units of | 20 | | local
government from the funds granted by the Agency to the | 21 | | units of local
government for purposes of local sanitary | 22 | | landfill inspection and enforcement
programs, to ensure that | 23 | | the funds have been expended for the prescribed
purposes under | 24 | | the grant.
| 25 | | The fees, taxes or surcharges collected under this | 26 | | subsection (j) shall
be placed by the unit of local government |
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| 1 | | in a separate fund, and the
interest received on the moneys in | 2 | | the fund shall be credited to the fund. The
monies in the fund | 3 | | may be accumulated over a period of years to be
expended in | 4 | | accordance with this subsection.
| 5 | | A unit of local government, as defined in the Local Solid | 6 | | Waste Disposal
Act, shall prepare and post on its website, in | 7 | | April of each year, a
report that details spending plans for | 8 | | monies collected in accordance with
this subsection. The | 9 | | report will at a minimum include the following:
| 10 | | (1) The total monies collected pursuant to this | 11 | | subsection.
| 12 | | (2) The most current balance of monies collected | 13 | | pursuant to this
subsection.
| 14 | | (3) An itemized accounting of all monies expended for | 15 | | the previous year
pursuant to this subsection.
| 16 | | (4) An estimation of monies to be collected for the | 17 | | following 3
years pursuant to this subsection.
| 18 | | (5) A narrative detailing the general direction and | 19 | | scope of future
expenditures for one, 2 and 3 years.
| 20 | | The exemptions granted under Sections 22.16 and 22.16a, | 21 | | and under
subsection (k) of this Section, shall be applicable | 22 | | to any fee,
tax or surcharge imposed under this subsection | 23 | | (j); except that the fee,
tax or surcharge authorized to be | 24 | | imposed under this subsection (j) may be
made applicable by a | 25 | | unit of local government to the permanent disposal of
solid | 26 | | waste after December 31, 1986, under any contract lawfully |
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| 1 | | executed
before June 1, 1986 under which more than 150,000 | 2 | | cubic yards (or 50,000 tons)
of solid waste is to be | 3 | | permanently disposed of, even though the waste is
exempt from | 4 | | the fee imposed by the State under subsection (b) of this | 5 | | Section
pursuant to an exemption granted under Section 22.16.
| 6 | | (k) In accordance with the findings and purposes of the | 7 | | Illinois Solid
Waste Management Act, beginning January 1, 1989 | 8 | | the fee under subsection
(b) and the fee, tax or surcharge | 9 | | under subsection (j) shall not apply to:
| 10 | | (1) waste which is hazardous waste;
| 11 | | (2) waste which is pollution control waste;
| 12 | | (3) waste from recycling, reclamation or reuse | 13 | | processes which have been
approved by the Agency as being | 14 | | designed to remove any contaminant from
wastes so as to | 15 | | render such wastes reusable, provided that the process
| 16 | | renders at least 50% of the waste reusable; the exemption | 17 | | set forth in this paragraph (3) of this subsection (k) | 18 | | shall not apply to general construction or demolition | 19 | | debris recovery
facilities as defined in subsection (a-1) | 20 | | of Section 3.160;
| 21 | | (4) non-hazardous solid waste that is received at a | 22 | | sanitary landfill
and composted or recycled through a | 23 | | process permitted by the Agency; or
| 24 | | (5) any landfill which is permitted by the Agency to | 25 | | receive only
demolition or construction debris or | 26 | | landscape waste.
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| 1 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | 2 | | 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. | 3 | | 8-20-21; revised 9-28-21.)
| 4 | | (415 ILCS 5/22.55) | 5 | | Sec. 22.55. Household waste drop-off points. | 6 | | (a) Findings; purpose and intent. | 7 | | (1) The General Assembly finds that protection of | 8 | | human health and the environment can be enhanced if | 9 | | certain commonly generated household wastes are managed | 10 | | separately from the general household waste stream. | 11 | | (2) The purpose of this Section is to provide, to the | 12 | | extent allowed under federal law, a method for managing | 13 | | certain types of household waste separately from the | 14 | | general household waste stream. | 15 | | (b) Definitions. For the purposes of this Section: | 16 | | "Compostable waste" means household waste that is
| 17 | | source-separated food scrap, household waste that is
| 18 | | source-separated landscape waste, or a mixture of both. | 19 | | "Controlled substance" means a controlled substance as | 20 | | defined in the Illinois Controlled Substances Act. | 21 | | "Household waste" means waste generated from a single | 22 | | residence or multiple residences. | 23 | | "Household waste drop-off point" means the portion of | 24 | | a site or facility used solely for the receipt and | 25 | | temporary storage of household waste. |
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| 1 | | "One-day compostable waste collection event" means a
| 2 | | household waste drop-off point approved by a county or
| 3 | | municipality under subsection (d-5) of this Section. | 4 | | "One-day household waste collection event" means a | 5 | | household waste drop-off point approved by the Agency | 6 | | under subsection (d) of this Section. | 7 | | "Permanent compostable waste collection point" means a | 8 | | household waste drop-off point approved by a county or | 9 | | municipality under subsection (d-6) of this Section. | 10 | | "Personal care product" means an item other than a | 11 | | pharmaceutical product that is consumed or applied by an | 12 | | individual for personal health, hygiene, or cosmetic | 13 | | reasons. Personal care products include, but are not | 14 | | limited to, items used in bathing, dressing, or grooming. | 15 | | "Pharmaceutical product" means medicine or a product | 16 | | containing medicine. A pharmaceutical product may be sold | 17 | | by prescription or over the counter. "Pharmaceutical | 18 | | product" does not include medicine that contains a | 19 | | radioactive component or a product that contains a | 20 | | radioactive component. | 21 | | "Recycling coordinator" means the person designated by | 22 | | each county waste management plan to administer the county | 23 | | recycling program, as set forth in the Solid Waste | 24 | | Management Act. | 25 | | (c) Except as otherwise provided in Agency rules, the | 26 | | following requirements apply to each household waste drop-off |
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| 1 | | point, other than a one-day household waste collection event, | 2 | | one-day compostable waste collection event, or permanent | 3 | | compostable waste collection point: | 4 | | (1) A household waste drop-off point must not accept | 5 | | waste other than the following types of household waste: | 6 | | pharmaceutical products, personal care products, batteries | 7 | | other than lead-acid batteries, paints, automotive fluids, | 8 | | compact fluorescent lightbulbs, mercury thermometers, and | 9 | | mercury thermostats. A household waste drop-off point may | 10 | | accept controlled substances in accordance with federal | 11 | | law. | 12 | | (2) Except as provided in subdivision (c)(2) of this | 13 | | Section, household waste drop-off points must be located | 14 | | at a site or facility where the types of products accepted | 15 | | at the household waste drop-off point are lawfully sold, | 16 | | distributed, or dispensed. For example, household waste | 17 | | drop-off points that accept prescription pharmaceutical | 18 | | products must be located at a site or facility where | 19 | | prescription pharmaceutical products are sold, | 20 | | distributed, or dispensed. | 21 | | (A) Subdivision (c)(2) of this Section does not | 22 | | apply to household waste drop-off points operated by a | 23 | | government or school entity, or by an association or | 24 | | other organization of government or school entities. | 25 | | (B) Household waste drop-off points that accept | 26 | | mercury thermometers can be located at any site or |
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| 1 | | facility where non-mercury thermometers are sold, | 2 | | distributed, or dispensed. | 3 | | (C) Household waste drop-off points that accept | 4 | | mercury thermostats can be located at any site or | 5 | | facility where non-mercury thermostats are sold, | 6 | | distributed, or dispensed. | 7 | | (3) The location of acceptance for each type of waste | 8 | | accepted at the household waste drop-off point must be | 9 | | clearly identified. Locations where pharmaceutical | 10 | | products are accepted must also include a copy of the sign | 11 | | required under subsection (j) of this Section. | 12 | | (4) Household waste must be accepted only from private | 13 | | individuals. Waste must not be accepted from other | 14 | | persons, including, but not limited to, owners and | 15 | | operators of rented or leased residences where the | 16 | | household waste was generated, commercial haulers, and | 17 | | other commercial, industrial, agricultural, and government | 18 | | operations or entities. | 19 | | (5) If more than one type of household waste is | 20 | | accepted, each type of household waste must be managed | 21 | | separately prior to its packaging for off-site transfer. | 22 | | (6) Household waste must not be stored for longer than | 23 | | 90 days after its receipt, except as otherwise approved by | 24 | | the Agency in writing. | 25 | | (7) Household waste must be managed in a manner that | 26 | | protects against releases of the waste, prevents |
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| 1 | | nuisances, and otherwise protects human health and the | 2 | | environment. Household waste must also be properly secured | 3 | | to prevent unauthorized public access to the waste, | 4 | | including, but not limited to, preventing access to the | 5 | | waste during the non-business hours of the site or | 6 | | facility on which the household waste drop-off point is | 7 | | located. Containers in which pharmaceutical products are | 8 | | collected must be clearly marked "No Controlled | 9 | | Substances", unless the household waste drop-off point | 10 | | accepts controlled substances in accordance with federal | 11 | | law. | 12 | | (8) Management of the household waste must be limited | 13 | | to the following: (i) acceptance of the waste, (ii) | 14 | | temporary storage of the waste prior to transfer, and | 15 | | (iii) off-site transfer of the waste and packaging for | 16 | | off-site transfer. | 17 | | (9) Off-site transfer of the household waste must | 18 | | comply with federal and State laws and regulations. | 19 | | (d) One-day household waste collection events. To further | 20 | | aid in the collection of certain household wastes, the Agency | 21 | | may approve the operation of one-day household waste | 22 | | collection events. The Agency shall not approve a one-day | 23 | | household waste collection event at the same site or facility | 24 | | for more than one day each calendar quarter. Requests for | 25 | | approval must be submitted on forms prescribed by the Agency. | 26 | | The Agency must issue its approval in writing, and it may |
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| 1 | | impose conditions as necessary to protect human health and the | 2 | | environment and to otherwise accomplish the purposes of this | 3 | | Act. One-day household waste collection events must be | 4 | | operated in accordance with the Agency's approval, including | 5 | | all conditions contained in the approval. The following | 6 | | requirements apply to all one-day household waste collection | 7 | | events, in addition to the conditions contained in the | 8 | | Agency's approval: | 9 | | (1) Waste accepted at the event must be limited to | 10 | | household waste and must not include garbage, landscape | 11 | | waste, or other waste excluded by the Agency in the | 12 | | Agency's approval or any conditions contained in the | 13 | | approval. A one-day household waste collection event may | 14 | | accept controlled substances in accordance with federal | 15 | | law. | 16 | | (2) Household waste must be accepted only from private | 17 | | individuals. Waste must not be accepted from other | 18 | | persons, including, but not limited to, owners and | 19 | | operators of rented or leased residences where the | 20 | | household waste was generated, commercial haulers, and | 21 | | other commercial, industrial, agricultural, and government | 22 | | operations or entities. | 23 | | (3) Household waste must be managed in a manner that | 24 | | protects against releases of the waste, prevents | 25 | | nuisances, and otherwise protects human health and the | 26 | | environment. Household waste must also be properly secured |
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| 1 | | to prevent public access to the waste, including, but not | 2 | | limited to, preventing access to the waste during the | 3 | | event's non-business hours. | 4 | | (4) Management of the household waste must be limited | 5 | | to the following: (i) acceptance of the waste, (ii) | 6 | | temporary storage of the waste before transfer, and (iii) | 7 | | off-site transfer of the waste or packaging for off-site | 8 | | transfer. | 9 | | (5) Except as otherwise approved by the Agency, all | 10 | | household waste received at the collection event must be | 11 | | transferred off-site by the end of the day following the | 12 | | collection event. | 13 | | (6) The transfer and ultimate disposition of household | 14 | | waste received at the collection event must comply with | 15 | | the Agency's approval, including all conditions contained | 16 | | in the approval. | 17 | | (d-5) One-day compostable waste collection event. To | 18 | | further aid in the collection and composting of compostable | 19 | | waste, as defined in subsection (b), a municipality may | 20 | | approve the operation of one-day compostable waste collection | 21 | | events at any site or facility within its territorial | 22 | | jurisdiction, and a county may approve the operation of | 23 | | one-day compostable waste collection events at any site or | 24 | | facility in any unincorporated area within its territorial | 25 | | jurisdiction. The approval granted under this subsection (d-5) | 26 | | must be in writing; must specify the date, location, and time |
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| 1 | | of the event; and must list the types of compostable waste that | 2 | | will be collected at the event. If the one-day compostable | 3 | | waste collection event is to be operated at a location within a | 4 | | county with a population of more than 400,000 but less than | 5 | | 2,000,000 inhabitants, according to the 2010 decennial census, | 6 | | then the operator of the event shall, at least 30 days before | 7 | | the event, provide a copy of the approval to the recycling | 8 | | coordinator designated by that county. The approval granted | 9 | | under this subsection (d-5) may include conditions imposed by | 10 | | the county or municipality as necessary to protect public | 11 | | health and prevent odors, vectors, and other nuisances. A | 12 | | one-day compostable waste collection event approved under this | 13 | | subsection (d-5) must be operated in accordance with the | 14 | | approval, including all conditions contained in the approval. | 15 | | The following requirements shall apply to the one-day | 16 | | compostable waste collection event, in addition to the | 17 | | conditions contained in the approval: | 18 | | (1) Waste accepted at the event must be limited to the | 19 | | types of compostable waste authorized to be accepted under | 20 | | the approval. | 21 | | (2) Information promoting the event and signs at the | 22 | | event must clearly indicate the types of compostable waste | 23 | | approved for collection. To discourage the receipt of | 24 | | other waste, information promoting the event and signs at | 25 | | the event must also include: | 26 | | (A) examples of compostable waste being collected; |
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| 1 | | and | 2 | | (B) examples of waste that is not being collected. | 3 | | (3) Compostable waste must be accepted only from | 4 | | private individuals. It may not be accepted from other | 5 | | persons, including, but not limited to, owners and | 6 | | operators of rented or leased residences where it was | 7 | | generated, commercial haulers, and other commercial, | 8 | | industrial, agricultural, and government operations or | 9 | | entities. | 10 | | (4) Compostable waste must be managed in a manner that | 11 | | protects against releases of the waste, prevents | 12 | | nuisances, and otherwise protects human health and the | 13 | | environment. Compostable waste must be properly secured to | 14 | | prevent it from being accessed by the public at any time, | 15 | | including, but not limited to, during the collection | 16 | | event's non-operating hours. One-day compostable waste | 17 | | collection events must be adequately supervised during | 18 | | their operating hours. | 19 | | (5) Compostable waste must be secured in non-porous, | 20 | | rigid, leak-proof containers that: | 21 | | (A) are covered, except when the compostable waste | 22 | | is being added to or removed from the containers or it | 23 | | is otherwise necessary to access the compostable | 24 | | waste; | 25 | | (B) prevent precipitation from draining through | 26 | | the compostable waste; |
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| 1 | | (C) prevent dispersion of the compostable waste by | 2 | | wind; | 3 | | (D) contain spills or releases that could create | 4 | | nuisances or otherwise harm human health or the | 5 | | environment; | 6 | | (E) limit access to the compostable waste by | 7 | | vectors; | 8 | | (F) control odors and other nuisances; and | 9 | | (G) provide for storage, removal, and off-site | 10 | | transfer of the compostable waste in a manner that | 11 | | protects its ability to be composted. | 12 | | (6) No more than a total of 40 cubic yards of | 13 | | compostable waste shall be located at the collection site | 14 | | at any one time. | 15 | | (7) Management of the compostable waste must be | 16 | | limited to the following: (A) acceptance, (B) temporary | 17 | | storage before transfer, and (C) off-site transfer. | 18 | | (8) All compostable waste received at the event must | 19 | | be transferred off-site to a permitted compost facility by | 20 | | no later than 48 hours after the event ends or by the end | 21 | | of the first business day after the event ends, whichever | 22 | | is sooner. | 23 | | (9) If waste other than compostable waste is received | 24 | | at the event, then that waste must be disposed of within 48 | 25 | | hours after the event ends or by the end of the first | 26 | | business day after the event ends, whichever is sooner. |
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| 1 | | (d-6) Permanent compostable waste collection points. To | 2 | | further aid in the collection and composting of compostable | 3 | | waste, as defined in subsection (b), a municipality may | 4 | | approve the operation of permanent compostable waste | 5 | | collection points at any site or facility within its | 6 | | territorial jurisdiction, and a county may approve the | 7 | | operation of permanent compostable waste collection points at | 8 | | any site or facility in any unincorporated area within its | 9 | | territorial jurisdiction. The approval granted pursuant to | 10 | | this subsection (d-6) must be in writing; must specify the | 11 | | location, operating days, and operating hours of the | 12 | | collection point; must list the types of compostable waste | 13 | | that will be collected at the collection point; and must | 14 | | specify a term of not more than 365 calendar days during which | 15 | | the approval will be effective. In addition, if the permanent | 16 | | compostable waste collection point is to be operated at a | 17 | | location within a county with a population of more than | 18 | | 400,000 but less than 2,000,000 inhabitants, according to the | 19 | | 2010 federal decennial census, then the operator of the | 20 | | collection point shall, at least 30 days before the collection | 21 | | point begins operation, provide a copy of the approval to the | 22 | | recycling coordinator designated by that county. The approval | 23 | | may include conditions imposed by the county or municipality | 24 | | as necessary to protect public health and prevent odors, | 25 | | vectors, and other nuisances. A permanent compostable waste | 26 | | collection point approved pursuant to this subsection (d-6) |
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| 1 | | must be operated in accordance with the approval, including | 2 | | all conditions contained in the approval. The following | 3 | | requirements apply to the permanent compostable waste | 4 | | collection point, in addition to the conditions contained in | 5 | | the approval: | 6 | | (1) Waste accepted at the collection point must be | 7 | | limited to the types of compostable waste authorized to be | 8 | | accepted under the approval. | 9 | | (2) Information promoting the collection point and | 10 | | signs at the collection point must clearly indicate the | 11 | | types of compostable waste approved for collection. To | 12 | | discourage the receipt of other waste, information | 13 | | promoting the collection point and signs at the collection | 14 | | point must also include (A) examples of compostable waste | 15 | | being collected and (B) examples of waste that is not | 16 | | being collected. | 17 | | (3) Compostable waste must be accepted only from | 18 | | private individuals. It may not be accepted from other | 19 | | persons, including, but not limited to, owners and | 20 | | operators of rented or leased residences where it was | 21 | | generated, commercial haulers, and other commercial, | 22 | | industrial, agricultural, and government operations or | 23 | | entities. | 24 | | (4) Compostable waste must be managed in a manner that | 25 | | protects against releases of the waste, prevents | 26 | | nuisances, and otherwise protects human health and the |
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| 1 | | environment. Compostable waste must be properly secured to | 2 | | prevent it from being accessed by the public at any time, | 3 | | including, but not limited to, during the collection | 4 | | point's non-operating hours. Permanent compostable waste | 5 | | collection points must be adequately supervised during | 6 | | their operating hours. | 7 | | (5) Compostable waste must be secured in non-porous, | 8 | | rigid, leak-proof containers that: | 9 | | (A) are no larger than 10 cubic yards in size; | 10 | | (B) are covered, except when the compostable waste | 11 | | is being added to or removed from the container or it | 12 | | is otherwise necessary to access the compostable | 13 | | waste; | 14 | | (C) prevent precipitation from draining through | 15 | | the compostable waste; | 16 | | (D) prevent dispersion of the compostable waste by | 17 | | wind; | 18 | | (E) contain spills or releases that could create | 19 | | nuisances or otherwise harm human health or the | 20 | | environment; | 21 | | (F) limit access to the compostable waste by | 22 | | vectors; | 23 | | (G) control odors and other nuisances; and | 24 | | (H) provide for storage, removal, and off-site | 25 | | transfer of the compostable waste in a manner that | 26 | | protects its ability to be composted. |
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| 1 | | (6) No more than a total of 10 cubic yards of | 2 | | compostable waste shall be located at the permanent | 3 | | compostable waste collection site at any one time. | 4 | | (7) Management of the compostable waste must be | 5 | | limited to the following: (A) acceptance, (B) temporary | 6 | | storage before transfer, and (C) off-site transfer. | 7 | | (8) All compostable waste received at the permanent | 8 | | compostable waste collection point must be transferred | 9 | | off-site to a permitted compost facility not less | 10 | | frequently than once every 7 days. | 11 | | (9) If a permanent compostable waste collection point | 12 | | receives waste other than compostable waste, then that | 13 | | waste must be disposed of not less frequently than once | 14 | | every 7 days. | 15 | | (e) The Agency may adopt rules governing the operation of | 16 | | household waste drop-off points, other than one-day household | 17 | | waste collection events, one-day compostable waste collection | 18 | | events, and permanent compostable waste collection points. | 19 | | Those rules must be designed to protect against releases of | 20 | | waste to the environment, prevent nuisances, and otherwise | 21 | | protect human health and the environment. As necessary to | 22 | | address different circumstances, the regulations may contain | 23 | | different requirements for different types of household waste | 24 | | and different types of household waste drop-off points, and | 25 | | the regulations may modify the requirements set forth in | 26 | | subsection (c) of this Section. The regulations may include, |
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| 1 | | but are not limited to, the following: (i) identification of | 2 | | additional types of household waste that can be collected at | 3 | | household waste drop-off points, (ii) identification of the | 4 | | different types of household wastes that can be received at | 5 | | different household waste drop-off points, (iii) the maximum | 6 | | amounts of each type of household waste that can be stored at | 7 | | household waste drop-off points at any one time, and (iv) the | 8 | | maximum time periods each type of household waste can be | 9 | | stored at household waste drop-off points. | 10 | | (f) Prohibitions. | 11 | | (1) Except as authorized in a permit issued by the | 12 | | Agency, no person shall cause or allow the operation of a | 13 | | household waste drop-off point, other than a one-day | 14 | | household waste collection event, one-day compostable | 15 | | waste collection event, or permanent compostable waste | 16 | | collection point, in violation of this Section or any | 17 | | regulations adopted under this Section. | 18 | | (2) No person shall cause or allow the operation of a | 19 | | one-day household waste collection event in violation of | 20 | | this Section or the Agency's approval issued under | 21 | | subsection (d) of this Section, including all conditions | 22 | | contained in the approval. | 23 | | (3) No person shall cause or allow the operation of a | 24 | | one-day compostable waste collection event in violation of | 25 | | this Section or the approval issued for the one-day | 26 | | compostable waste collection event under subsection (d-5) |
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| 1 | | of this Section, including all conditions contained in the | 2 | | approval. | 3 | | (4) No person shall cause or allow the operation of a | 4 | | permanent compostable waste collection event in violation | 5 | | of this Section or the approval issued for the permanent | 6 | | compostable waste collection point under subsection (d-6) | 7 | | of this Section, including all conditions contained in the | 8 | | approval. | 9 | | (g) Permit exemptions. | 10 | | (1) No permit is required under subdivision (d)(1) of | 11 | | Section 21 of this Act for the operation of a household | 12 | | waste drop-off point, other than a one-day household waste | 13 | | collection event, one-day compostable waste collection | 14 | | event, or permanent compostable waste collection point, if | 15 | | the household waste drop-off point is operated in | 16 | | accordance with this Section and all regulations adopted | 17 | | under this Section. | 18 | | (2) No permit is required under subdivision (d)(1) of | 19 | | Section 21 of this Act for the operation of a one-day | 20 | | household waste collection event if the event is operated | 21 | | in accordance with this Section and the Agency's approval | 22 | | issued under subsection (d) of this Section, including all | 23 | | conditions contained in the approval, or for the operation | 24 | | of a household waste collection event by the Agency. | 25 | | (3) No permit is required under paragraph (1) of | 26 | | subsection (d) of
Section 21 of this Act for the operation |
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| 1 | | of a one-day compostable waste collection event if the | 2 | | compostable waste collection event is operated in | 3 | | accordance with this Section and the approval issued for | 4 | | the compostable waste collection point under subsection | 5 | | (d-5) of this Section, including all conditions contained | 6 | | in the approval. | 7 | | (4) No permit is required under paragraph (1) of | 8 | | subsection (d) of Section 21 of this Act for the operation | 9 | | of a permanent compostable waste collection point if the | 10 | | collection point is operated in accordance with this | 11 | | Section and the approval issued for the compostable waste | 12 | | collection event under subsection (d-6) of this Section, | 13 | | including all conditions contained in the approval. | 14 | | (h) This Section does not apply to the following: | 15 | | (1) Persons accepting household waste that they are | 16 | | authorized to accept under a permit issued by the Agency. | 17 | | (2) Sites or facilities operated pursuant to an | 18 | | intergovernmental agreement entered into with the Agency | 19 | | under Section 22.16b(d) of this Act. | 20 | | (i) (Blank). The Agency, in consultation with the | 21 | | Department of Public Health, must develop and implement a | 22 | | public information program regarding household waste drop-off | 23 | | points that accept pharmaceutical products, as well as | 24 | | mail-back programs authorized under federal law. | 25 | | (j) (Blank). The Agency must develop a sign that provides | 26 | | information on the proper disposal of unused pharmaceutical |
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| 1 | | products. The sign shall include information on approved | 2 | | drop-off sites or list a website where updated information on | 3 | | drop-off sites can be accessed. The sign shall also include | 4 | | information on mail-back programs and self-disposal. The | 5 | | Agency shall make a copy of the sign available for downloading | 6 | | from its website. Every pharmacy shall display the sign in the | 7 | | area where medications are dispensed and shall also display | 8 | | any signs the Agency develops regarding local take-back | 9 | | programs or household waste collection events. These signs | 10 | | shall be no larger than 8.5 inches by 11 inches. | 11 | | (k) If an entity chooses to participate as a household | 12 | | waste drop-off point, then it must follow the provisions of | 13 | | this Section and any rules the Agency may adopt governing | 14 | | household waste drop-off points.
| 15 | | (l) (Blank). The Agency shall establish, by rule, a | 16 | | statewide medication take-back program by June 1, 2016 to | 17 | | ensure that there are pharmaceutical product disposal options | 18 | | regularly available for residents across the State. No private | 19 | | entity may be compelled to serve as or fund a take-back | 20 | | location or program. Medications collected and disposed of | 21 | | under the program shall include controlled substances approved | 22 | | for collection by federal law. All medications collected and | 23 | | disposed of under the program must be managed in accordance | 24 | | with all applicable federal and State laws and regulations. | 25 | | The Agency shall issue a report to the General Assembly by June | 26 | | 1, 2019 detailing the amount of pharmaceutical products |
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| 1 | | annually collected under the program, as well as any | 2 | | legislative recommendations. | 3 | | (Source: P.A. 99-11, eff. 7-10-15; 99-480, eff. 9-9-15; | 4 | | 99-642, eff. 7-28-16.)
| 5 | | Section 999. Effective date. This Act takes effect upon | 6 | | becoming law.
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