Public Act 097-0545
 
HB2056 EnrolledLRB097 07029 JDS 47122 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 2. The Illinois Criminal Justice Information Act is
amended by adding Section 9.3 as follows:
 
    (20 ILCS 3930/9.3 new)
    Sec. 9.3. The Prescription Pill and Drug Disposal Fund. The
Prescription Pill and Drug Disposal Fund is created as a
special fund in the State treasury. Moneys in the Fund shall be
used for grants by the Illinois Criminal Justice Information
Authority to local law enforcement agencies for the purpose of
facilitating the collection, transportation, and incineration
of pharmaceuticals from residential sources that are collected
and transported by law enforcement agencies under Section 17.9A
of the Environmental Protection Act. Before awarding a grant
from this Fund but no later than July 1, 2012, the Authority
shall adopt rules that (i) specify the conditions under which
grants will be awarded from this Fund and (ii) otherwise
provide for the implementation and administration of the grant
program created by this Section. Interest attributable to
moneys in the Fund shall be paid into the Fund.
 
    Section 5. The State Finance Act is amended by adding
Section 5.786 as follows:
 
    (30 ILCS 105/5.786 new)
    Sec. 5.786. The Prescription Pill and Drug Disposal Fund.
 
    Section 10. The Environmental Protection Act is amended by
changing Section 3.330 and by adding Section 17.9A as follows:
 
    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
    Sec. 3.330. Pollution control facility.
    (a) "Pollution control facility" is any waste storage site,
sanitary landfill, waste disposal site, waste transfer
station, waste treatment facility, or waste incinerator. This
includes sewers, sewage treatment plants, and any other
facilities owned or operated by sanitary districts organized
under the Metropolitan Water Reclamation District Act.
    The following are not pollution control facilities:
        (1) (blank);
        (2) waste storage sites regulated under 40 CFR, Part
    761.42;
        (3) sites or facilities used by any person conducting a
    waste storage, waste treatment, waste disposal, waste
    transfer or waste incineration operation, or a combination
    thereof, for wastes generated by such person's own
    activities, when such wastes are stored, treated, disposed
    of, transferred or incinerated within the site or facility
    owned, controlled or operated by such person, or when such
    wastes are transported within or between sites or
    facilities owned, controlled or operated by such person;
        (4) sites or facilities at which the State is
    performing removal or remedial action pursuant to Section
    22.2 or 55.3;
        (5) abandoned quarries used solely for the disposal of
    concrete, earth materials, gravel, or aggregate debris
    resulting from road construction activities conducted by a
    unit of government or construction activities due to the
    construction and installation of underground pipes, lines,
    conduit or wires off of the premises of a public utility
    company which are conducted by a public utility;
        (6) sites or facilities used by any person to
    specifically conduct a landscape composting operation;
        (7) regional facilities as defined in the Central
    Midwest Interstate Low-Level Radioactive Waste Compact;
        (8) the portion of a site or facility where coal
    combustion wastes are stored or disposed of in accordance
    with subdivision (r)(2) or (r)(3) of Section 21;
        (9) the portion of a site or facility used for the
    collection, storage or processing of waste tires as defined
    in Title XIV;
        (10) the portion of a site or facility used for
    treatment of petroleum contaminated materials by
    application onto or incorporation into the soil surface and
    any portion of that site or facility used for storage of
    petroleum contaminated materials before treatment. Only
    those categories of petroleum listed in Section 57.9(a)(3)
    are exempt under this subdivision (10);
        (11) the portion of a site or facility where used oil
    is collected or stored prior to shipment to a recycling or
    energy recovery facility, provided that the used oil is
    generated by households or commercial establishments, and
    the site or facility is a recycling center or a business
    where oil or gasoline is sold at retail;
        (11.5) processing sites or facilities that receive
    only on-specification used oil, as defined in 35 Ill.
    Admin. Code 739, originating from used oil collectors for
    processing that is managed under 35 Ill. Admin. Code 739 to
    produce products for sale to off-site petroleum
    facilities, if these processing sites or facilities are:
    (i) located within a home rule unit of local government
    with a population of at least 30,000 according to the 2000
    federal census, that home rule unit of local government has
    been designated as an Urban Round II Empowerment Zone by
    the United States Department of Housing and Urban
    Development, and that home rule unit of local government
    has enacted an ordinance approving the location of the site
    or facility and provided funding for the site or facility;
    and (ii) in compliance with all applicable zoning
    requirements;
        (12) the portion of a site or facility utilizing coal
    combustion waste for stabilization and treatment of only
    waste generated on that site or facility when used in
    connection with response actions pursuant to the federal
    Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, the federal Resource Conservation
    and Recovery Act of 1976, or the Illinois Environmental
    Protection Act or as authorized by the Agency;
        (13) the portion of a site or facility that (i) accepts
    exclusively general construction or demolition debris,
    (ii) is located in a county with a population over
    3,000,000 as of January 1, 2000 or in a county that is
    contiguous to such a county, and (iii) is operated and
    located in accordance with Section 22.38 of this Act;
        (14) the portion of a site or facility, located within
    a unit of local government that has enacted local zoning
    requirements, used to accept, separate, and process
    uncontaminated broken concrete, with or without protruding
    metal bars, provided that the uncontaminated broken
    concrete and metal bars are not speculatively accumulated,
    are at the site or facility no longer than one year after
    their acceptance, and are returned to the economic
    mainstream in the form of raw materials or products;
        (15) the portion of a site or facility located in a
    county with a population over 3,000,000 that has obtained
    local siting approval under Section 39.2 of this Act for a
    municipal waste incinerator on or before July 1, 2005 and
    that is used for a non-hazardous waste transfer station;
        (16) a site or facility that temporarily holds in
    transit for 10 days or less, non-putrescible
    non-petruscible solid waste in original containers, no
    larger in capacity than 500 gallons, provided that such
    waste is further transferred to a recycling, disposal,
    treatment, or storage facility on a non-contiguous site and
    provided such site or facility complies with the applicable
    10-day transfer requirements of the federal Resource
    Conservation and Recovery Act of 1976 and United States
    Department of Transportation hazardous material
    requirements. For purposes of this Section only,
    "non-putrescible non-petruscible solid waste" means waste
    other than municipal garbage that does not rot or become
    putrid, including, but not limited to, paints, solvent,
    filters, and absorbents;
        (17) the portion of a site or facility located in a
    county with a population greater than 3,000,000 that has
    obtained local siting approval, under Section 39.2 of this
    Act, for a municipal waste incinerator on or before July 1,
    2005 and that is used for wood combustion facilities for
    energy recovery that accept and burn only wood material, as
    included in a fuel specification approved by the Agency;
        (18) a transfer station used exclusively for landscape
    waste, including a transfer station where landscape waste
    is ground to reduce its volume, where the landscape waste
    is held no longer than 24 hours from the time it was
    received;
        (19) the portion of a site or facility that (i) is used
    for the composting of food scrap, livestock waste, crop
    residue, uncontaminated wood waste, or paper waste,
    including, but not limited to, corrugated paper or
    cardboard, and (ii) meets all of the following
    requirements:
            (A) There must not be more than a total of 30,000
        cubic yards of livestock waste in raw form or in the
        process of being composted at the site or facility at
        any one time.
            (B) All food scrap, livestock waste, crop residue,
        uncontaminated wood waste, and paper waste must, by the
        end of each operating day, be processed and placed into
        an enclosed vessel in which air flow and temperature
        are controlled, or all of the following additional
        requirements must be met:
                (i) The portion of the site or facility used
            for the composting operation must include a
            setback of at least 200 feet from the nearest
            potable water supply well.
                (ii) The portion of the site or facility used
            for the composting operation must be located
            outside the boundary of the 10-year floodplain or
            floodproofed.
                (iii) The portion of the site or facility used
            for the composting operation must be located at
            least one-eighth of a mile from the nearest
            residence, other than a residence located on the
            same property as the site or facility.
                (iv) The portion of the site or facility used
            for the composting operation must be located at
            least one-eighth of a mile from the property line
            of all of the following areas:
                    (I) Facilities that primarily serve to
                house or treat people that are
                immunocompromised or immunosuppressed, such as
                cancer or AIDS patients; people with asthma,
                cystic fibrosis, or bioaerosol allergies; or
                children under the age of one year.
                    (II) Primary and secondary schools and
                adjacent areas that the schools use for
                recreation.
                    (III) Any facility for child care licensed
                under Section 3 of the Child Care Act of 1969;
                preschools; and adjacent areas that the
                facilities or preschools use for recreation.
                (v) By the end of each operating day, all food
            scrap, livestock waste, crop residue,
            uncontaminated wood waste, and paper waste must be
            (i) processed into windrows or other piles and (ii)
            covered in a manner that prevents scavenging by
            birds and animals and that prevents other
            nuisances.
            (C) Food scrap, livestock waste, crop residue,
        uncontaminated wood waste, paper waste, and compost
        must not be placed within 5 feet of the water table.
            (D) The site or facility must meet all of the
        requirements of the Wild and Scenic Rivers Act (16
        U.S.C. 1271 et seq.).
            (E) The site or facility must not (i) restrict the
        flow of a 100-year flood, (ii) result in washout of
        food scrap, livestock waste, crop residue,
        uncontaminated wood waste, or paper waste from a
        100-year flood, or (iii) reduce the temporary water
        storage capacity of the 100-year floodplain, unless
        measures are undertaken to provide alternative storage
        capacity, such as by providing lagoons, holding tanks,
        or drainage around structures at the facility.
            (F) The site or facility must not be located in any
        area where it may pose a threat of harm or destruction
        to the features for which:
                (i) an irreplaceable historic or
            archaeological site has been listed under the
            National Historic Preservation Act (16 U.S.C. 470
            et seq.) or the Illinois Historic Preservation
            Act;
                (ii) a natural landmark has been designated by
            the National Park Service or the Illinois State
            Historic Preservation Office; or
                (iii) a natural area has been designated as a
            Dedicated Illinois Nature Preserve under the
            Illinois Natural Areas Preservation Act.
            (G) The site or facility must not be located in an
        area where it may jeopardize the continued existence of
        any designated endangered species, result in the
        destruction or adverse modification of the critical
        habitat for such species, or cause or contribute to the
        taking of any endangered or threatened species of
        plant, fish, or wildlife listed under the Endangered
        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
        Endangered Species Protection Act; and
        (20) the portion of a site or facility that is located
    entirely within a home rule unit having a population of no
    less than 120,000 and no more than 135,000, according to
    the 2000 federal census, and that meets all of the
    following requirements:
                (i) the portion of the site or facility is used
            exclusively to perform testing of a thermochemical
            conversion technology using only woody biomass,
            collected as landscape waste within the boundaries
            of the home rule unit, as the hydrocarbon feedstock
            for the production of synthetic gas in accordance
            with Section 39.9 of this Act;
                (ii) the portion of the site or facility is in
            compliance with all applicable zoning
            requirements; and
                (iii) a complete application for a
            demonstration permit at the portion of the site or
            facility has been submitted to the Agency in
            accordance with Section 39.9 of this Act within one
            year after July 27, 2010 (the effective date of
            Public Act 96-1314); this amendatory Act of the
            96th General Assembly
        (21) (19) the portion of a site or facility used to
    perform limited testing of a gasification conversion
    technology in accordance with Section 39.8 of this Act and
    for which a complete permit application has been submitted
    to the Agency prior to one year from April 9, 2010 (the
    effective date of Public Act 96-887); and this amendatory
    Act of the 96th General Assembly.
        (22) the portion of a site or facility that is used to
    incinerate only pharmaceuticals from residential sources
    that are collected and transported by law enforcement
    agencies under Section 17.9A of this Act.
    (b) A new pollution control facility is:
        (1) a pollution control facility initially permitted
    for development or construction after July 1, 1981; or
        (2) the area of expansion beyond the boundary of a
    currently permitted pollution control facility; or
        (3) a permitted pollution control facility requesting
    approval to store, dispose of, transfer or incinerate, for
    the first time, any special or hazardous waste.
(Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08;
95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff.
8-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; 96-887,
eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff. 7-16-10;
96-1314, eff. 7-27-10; revised 9-2-10.)
 
    (415 ILCS 5/17.9A new)
    Sec. 17.9A. Collection and transportation of
pharmaceuticals by law enforcement agencies. Notwithstanding
any other provision of this Act, to the extent allowed by
federal law, a law enforcement agency may collect
pharmaceuticals from residential sources and transport them to
an incinerator permitted by the Agency to be incinerated in
accordance with the permit, permit conditions, this Act, and
rules adopted under this Act. For the purposes of this Section,
"law enforcement agency" means an agency of the State or of a
unit of local of government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
laws.
 
    Section 15. The Unified Code of Corrections is amended by
changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 
    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
    (Text of Section from P.A. 94-550, 96-132, and 96-402)
    Sec. 5-9-1.1. Drug related offenses.
    (a) When a person has been adjudged guilty of a drug
related offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance, other than
methamphetamine, as defined in the Cannabis Control Act, as
amended, or the Illinois Controlled Substances Act, as amended,
in addition to any other penalty imposed, a fine shall be
levied by the court at not less than the full street value of
the cannabis or controlled substances seized.
    "Street value" shall be determined by the court on the
basis of testimony of law enforcement personnel and the
defendant as to the amount seized and such testimony as may be
required by the court as to the current street value of the
cannabis or controlled substance seized.
    (b) In addition to any penalty imposed under subsection (a)
of this Section, a fine of $100 shall be levied by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Trauma Center Fund
for distribution as provided under Section 3.225 of the
Emergency Medical Services (EMS) Systems Act.
    (c) In addition to any penalty imposed under subsection (a)
of this Section, a fee of $5 shall be assessed by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Spinal Cord Injury
Paralysis Cure Research Trust Fund. This additional fee of $5
shall not be considered a part of the fine for purposes of any
reduction in the fine for time served either before or after
sentencing.
    (d) In addition to any penalty imposed under subsection (a)
of this Section for a drug related offense involving possession
or delivery of cannabis or possession or delivery of a
controlled substance as defined in the Cannabis Control Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act, a fee of $50 shall be
assessed by the court, the proceeds of which shall be collected
by the Circuit Clerk and remitted to the State Treasurer under
Section 27.6 of the Clerks of Courts Act for deposit into the
Performance-enhancing Substance Testing Fund. This additional
fee of $50 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either
before or after sentencing. The provisions of this subsection
(d), other than this sentence, are inoperative after June 30,
2011.
    (e) (d) In addition to any penalty imposed under subsection
(a) of this Section, a $25 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk and remitted to the State Treasurer for deposit into the
State Police Services Fund and shall be used for grants by the
Department of State Police to drug task forces and Metropolitan
Enforcement Groups in accordance with the Intergovernmental
Drug Laws Enforcement Act.
    (f) In addition to any penalty imposed under subsection (a)
of this Section, a $20 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk. Of the collected proceeds, (i) 90% shall be remitted to
the State Treasurer for deposit into the Prescription Pill and
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
the Criminal Justice Information Projects Fund, for use by the
Illinois Criminal Justice Information Authority for the costs
associated with making grants from the Prescription Pill and
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
for deposit into the Circuit Court Clerk Operation and
Administrative Fund for the costs associated with
administering this subsection.
(Source: P.A. 94-550, eff. 1-1-06; 96-132, eff. 8-7-09; 96-402,
eff. 1-1-10, revised 10-6-09.)
 
    (Text of Section from P.A. 94-556, 96-132, and 96-402)
    Sec. 5-9-1.1. Drug related offenses.
    (a) When a person has been adjudged guilty of a drug
related offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as defined in
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act, in addition to any other penalty imposed, a fine shall be
levied by the court at not less than the full street value of
the cannabis or controlled substances seized.
    "Street value" shall be determined by the court on the
basis of testimony of law enforcement personnel and the
defendant as to the amount seized and such testimony as may be
required by the court as to the current street value of the
cannabis or controlled substance seized.
    (b) In addition to any penalty imposed under subsection (a)
of this Section, a fine of $100 shall be levied by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Trauma Center Fund
for distribution as provided under Section 3.225 of the
Emergency Medical Services (EMS) Systems Act.
    (c) In addition to any penalty imposed under subsection (a)
of this Section, a fee of $5 shall be assessed by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Spinal Cord Injury
Paralysis Cure Research Trust Fund. This additional fee of $5
shall not be considered a part of the fine for purposes of any
reduction in the fine for time served either before or after
sentencing.
    (d) In addition to any penalty imposed under subsection (a)
of this Section for a drug related offense involving possession
or delivery of cannabis or possession or delivery of a
controlled substance as defined in the Cannabis Control Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act, a fee of $50 shall be
assessed by the court, the proceeds of which shall be collected
by the Circuit Clerk and remitted to the State Treasurer under
Section 27.6 of the Clerks of Courts Act for deposit into the
Performance-enhancing Substance Testing Fund. This additional
fee of $50 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either
before or after sentencing. The provisions of this subsection
(d), other than this sentence, are inoperative after June 30,
2011.
    (e) (d) In addition to any penalty imposed under subsection
(a) of this Section, a $25 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk and remitted to the State Treasurer for deposit into the
State Police Services Fund and shall be used for grants by the
Department of State Police to drug task forces and Metropolitan
Enforcement Groups in accordance with the Intergovernmental
Drug Laws Enforcement Act.
    (f) In addition to any penalty imposed under subsection (a)
of this Section, a $20 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk. Of the collected proceeds, (i) 90% shall be remitted to
the State Treasurer for deposit into the Prescription Pill and
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
the Criminal Justice Information Projects Fund, for use by the
Illinois Criminal Justice Information Authority for the costs
associated with making grants from the Prescription Pill and
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
for deposit into the Circuit Court Clerk Operation and
Administrative Fund for the costs associated with
administering this subsection.
(Source: P.A. 94-556, eff. 9-11-05; 96-132, eff. 8-7-09;
96-402, eff. 1-1-10, revised 10-6-09.)
 
    (730 ILCS 5/5-9-1.1-5)
    Sec. 5-9-1.1-5. Methamphetamine related offenses.
    (a) When a person has been adjudged guilty of a
methamphetamine related offense involving possession or
delivery of methamphetamine or any salt of an optical isomer of
methamphetamine or possession of a methamphetamine
manufacturing material as set forth in Section 10 of the
Methamphetamine Control and Community Protection Act with the
intent to manufacture a substance containing methamphetamine
or salt of an optical isomer of methamphetamine, in addition to
any other penalty imposed, a fine shall be levied by the court
at not less than the full street value of the methamphetamine
or salt of an optical isomer of methamphetamine or
methamphetamine manufacturing materials seized.
    "Street value" shall be determined by the court on the
basis of testimony of law enforcement personnel and the
defendant as to the amount seized and such testimony as may be
required by the court as to the current street value of the
methamphetamine or salt of an optical isomer of methamphetamine
or methamphetamine manufacturing materials seized.
    (b) In addition to any penalty imposed under subsection (a)
of this Section, a fine of $100 shall be levied by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Methamphetamine Law
Enforcement Fund and allocated as provided in subsection (d) of
Section 5-9-1.2.
    (c) In addition to any penalty imposed under subsection (a)
of this Section, a $25 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk and remitted to the State Treasurer for deposit into the
Drug Traffic Prevention Fund. The moneys deposited into the
Drug Traffic Prevention Fund pursuant to this Section shall be
appropriated to and administered by the Department of State
Police for funding of drug task forces and Metropolitan
Enforcement Groups in accordance with the Intergovernmental
Drug Laws Enforcement Act.
    (d) In addition to any penalty imposed under subsection (a)
of this Section, a $20 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk. Of the collected proceeds, (i) 90% shall be remitted to
the State Treasurer for deposit into the Prescription Pill and
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
the Criminal Justice Information Projects Fund, for use by the
Illinois Criminal Justice Information Authority for the costs
associated with making grants from the Prescription Pill and
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
for deposit into the Circuit Court Clerk Operation and
Administrative Fund for the costs associated with
administering this subsection.
(Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1234, eff. 7-23-10.)

Effective Date: 1/1/2012