Public Act 099-0011
 
HB0437 EnrolledLRB099 06387 MGM 26457 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
changing Section 22.55 as follows:
 
    (415 ILCS 5/22.55)
    Sec. 22.55. Household Waste Drop-off Points.
    (a) Findings; Purpose and Intent.
        (1) The General Assembly finds that protection of human
    health and the environment can be enhanced if certain
    commonly generated household wastes are managed separately
    from the general household waste stream.
        (2) The purpose of this Section is to provide, to the
    extent allowed under federal law, a method for managing
    certain types of household waste separately from the
    general household waste stream.
    (b) Definitions. For the purposes of this Section:
        "Compostable waste" means household waste that is
    source-separated food scrap, household waste that is
    source-separated landscape waste, or a mixture of both.
        "Controlled substance" means a controlled substance as
    defined in the Illinois Controlled Substances Act.
        "Household waste" means waste generated from a single
    residence or multiple residences.
        "Household waste drop-off point" means the portion of a
    site or facility used solely for the receipt and temporary
    storage of household waste.
        "One-day compostable waste collection event" means a
    household waste drop-off point approved by a county or
    municipality under subsection (d-5) of this Section.
        "One-day household waste collection event" means a
    household waste drop-off point approved by the Agency under
    subsection (d) of this Section.
        "Permanent compostable waste collection point" means a
    household waste drop-off point approved by a county or
    municipality under subsection (d-6) of this Section.
        "Personal care product" means an item other than a
    pharmaceutical product that is consumed or applied by an
    individual for personal health, hygiene, or cosmetic
    reasons. Personal care products include, but are not
    limited to, items used in bathing, dressing, or grooming.
        "Pharmaceutical product" means medicine or a product
    containing medicine. A pharmaceutical product may be sold
    by prescription or over the counter. "Pharmaceutical
    product" does not include (i) medicine that contains a
    radioactive component or a product that contains a
    radioactive component or (ii) a controlled substance.
        "Recycling coordinator" means the person designated by
    each county waste management plan to administer the county
    recycling program, as set forth in the Solid Waste
    Management Act.
    (c) Except as otherwise provided in Agency rules, the
following requirements apply to each household waste drop-off
point, other than a one-day household waste collection event,
one-day compostable waste collection event, or permanent
compostable waste collection point:
        (1) A household waste drop-off point must not accept
    waste other than the following types of household waste:
    pharmaceutical products, personal care products, batteries
    other than lead-acid batteries, paints, automotive fluids,
    compact fluorescent lightbulbs, mercury thermometers, and
    mercury thermostats.
        (2) Except as provided in subdivision (c)(2) of this
    Section, household waste drop-off points must be located at
    a site or facility where the types of products accepted at
    the household waste drop-off point are lawfully sold,
    distributed, or dispensed. For example, household waste
    drop-off points that accept prescription pharmaceutical
    products must be located at a site or facility where
    prescription pharmaceutical products are sold,
    distributed, or dispensed.
            (A) Subdivision (c)(2) of this Section does not
        apply to household waste drop-off points operated by a
        government or school entity, or by an association or
        other organization of government or school entities.
            (B) Household waste drop-off points that accept
        mercury thermometers can be located at any site or
        facility where non-mercury thermometers are sold,
        distributed, or dispensed.
            (C) Household waste drop-off points that accept
        mercury thermostats can be located at any site or
        facility where non-mercury thermostats are sold,
        distributed, or dispensed.
        (3) The location of acceptance for each type of waste
    accepted at the household waste drop-off point must be
    clearly identified. Locations where pharmaceutical
    products are accepted must also include a copy of the sign
    required under subsection (j) of this Section.
        (4) Household waste must be accepted only from private
    individuals. Waste must not be accepted from other persons,
    including, but not limited to, owners and operators of
    rented or leased residences where the household waste was
    generated, commercial haulers, and other commercial,
    industrial, agricultural, and government operations or
    entities.
        (5) If more than one type of household waste is
    accepted, each type of household waste must be managed
    separately prior to its packaging for off-site transfer.
        (6) Household waste must not be stored for longer than
    90 days after its receipt, except as otherwise approved by
    the Agency in writing.
        (7) Household waste must be managed in a manner that
    protects against releases of the waste, prevents
    nuisances, and otherwise protects human health and the
    environment. Household waste must also be properly secured
    to prevent unauthorized public access to the waste,
    including, but not limited to, preventing access to the
    waste during the non-business hours of the site or facility
    on which the household waste drop-off point is located.
    Containers in which pharmaceutical products are collected
    must be clearly marked "No Controlled Substances".
        (8) Management of the household waste must be limited
    to the following: (i) acceptance of the waste, (ii)
    temporary storage of the waste prior to transfer, and (iii)
    off-site transfer of the waste and packaging for off-site
    transfer.
        (9) Off-site transfer of the household waste must
    comply with federal and State laws and regulations.
    (d) One-day household waste collection events. To further
aid in the collection of certain household wastes, the Agency
may approve the operation of one-day household waste collection
events. The Agency shall not approve a one-day household waste
collection event at the same site or facility for more than one
day each calendar quarter. Requests for approval must be
submitted on forms prescribed by the Agency. The Agency must
issue its approval in writing, and it may impose conditions as
necessary to protect human health and the environment and to
otherwise accomplish the purposes of this Act. One-day
household waste collection events must be operated in
accordance with the Agency's approval, including all
conditions contained in the approval. The following
requirements apply to all one-day household waste collection
events, in addition to the conditions contained in the Agency's
approval:
        (1) Waste accepted at the event must be limited to
    household waste and must not include garbage, landscape
    waste, controlled substances, or other waste excluded by
    the Agency in the Agency's approval or any conditions
    contained in the approval.
        (2) Household waste must be accepted only from private
    individuals. Waste must not be accepted from other persons,
    including, but not limited to, owners and operators of
    rented or leased residences where the household waste was
    generated, commercial haulers, and other commercial,
    industrial, agricultural, and government operations or
    entities.
        (3) Household waste must be managed in a manner that
    protects against releases of the waste, prevents
    nuisances, and otherwise protects human health and the
    environment. Household waste must also be properly secured
    to prevent public access to the waste, including, but not
    limited to, preventing access to the waste during the
    event's non-business hours.
        (4) Management of the household waste must be limited
    to the following: (i) acceptance of the waste, (ii)
    temporary storage of the waste before transfer, and (iii)
    off-site transfer of the waste or packaging for off-site
    transfer.
        (5) Except as otherwise approved by the Agency, all
    household waste received at the collection event must be
    transferred off-site by the end of the day following the
    collection event.
        (6) The transfer and ultimate disposition of household
    waste received at the collection event must comply with the
    Agency's approval, including all conditions contained in
    the approval.
    (d-5) One-day compostable waste collection event. To
further aid in the collection and composting of compostable
waste, as defined in subsection (b), a municipality may approve
the operation of one-day compostable waste collection events at
any site or facility within its territorial jurisdiction, and a
county may approve the operation of one-day compostable waste
collection events at any site or facility in any unincorporated
area within its territorial jurisdiction. The approval granted
under this subsection (d-5) must be in writing; must specify
the date, location, and time of the event; and must list the
types of compostable waste that will be collected at the event.
If the one-day compostable waste collection event is to be
operated at a location within a county with a population of
more than 400,000 but less than 2,000,000 inhabitants,
according to the 2010 decennial census, then the operator of
the event shall, at least 30 days before the event, provide a
copy of the approval to the recycling coordinator designated by
that county. The approval granted under this subsection (d-5)
may include conditions imposed by the county or municipality as
necessary to protect public health and prevent odors, vectors,
and other nuisances. A one-day compostable waste collection
event approved under this subsection (d-5) must be operated in
accordance with the approval, including all conditions
contained in the approval. The following requirements shall
apply to the one-day compostable waste collection event, in
addition to the conditions contained in the approval:
        (1) Waste accepted at the event must be limited to the
    types of compostable waste authorized to be accepted under
    the approval.
        (2) Information promoting the event and signs at the
    event must clearly indicate the types of compostable waste
    approved for collection. To discourage the receipt of other
    waste, information promoting the event and signs at the
    event must also include:
            (A) examples of compostable waste being collected;
        and
            (B) examples of waste that is not being collected.
        (3) Compostable waste must be accepted only from
    private individuals. It may not be accepted from other
    persons, including, but not limited to, owners and
    operators of rented or leased residences where it was
    generated, commercial haulers, and other commercial,
    industrial, agricultural, and government operations or
    entities.
        (4) Compostable waste must be managed in a manner that
    protects against releases of the waste, prevents
    nuisances, and otherwise protects human health and the
    environment. Compostable waste must be properly secured to
    prevent it from being accessed by the public at any time,
    including, but not limited to, during the collection
    event's non-operating hours. One-day compostable waste
    collection events must be adequately supervised during
    their operating hours.
        (5) Compostable waste must be secured in non-porous,
    rigid, leak-proof containers that:
            (A) are covered, except when the compostable waste
        is being added to or removed from the containers or it
        is otherwise necessary to access the compostable
        waste;
            (B) prevent precipitation from draining through
        the compostable waste;
            (C) prevent dispersion of the compostable waste by
        wind;
            (D) contain spills or releases that could create
        nuisances or otherwise harm human health or the
        environment;
            (E) limit access to the compostable waste by
        vectors;
            (F) control odors and other nuisances; and
            (G) provide for storage, removal, and off-site
        transfer of the compostable waste in a manner that
        protects its ability to be composted.
        (6) No more than a total of 40 cubic yards of
    compostable waste shall be located at the collection site
    at any one time.
        (7) Management of the compostable waste must be limited
    to the following: (A) acceptance, (B) temporary storage
    before transfer, and (C) off-site transfer.
        (8) All compostable waste received at the event must be
    transferred off-site to a permitted compost facility by no
    later than 48 hours after the event ends or by the end of
    the first business day after the event ends, whichever is
    sooner.
        (9) If waste other than compostable waste is received
    at the event, then that waste must be disposed of within 48
    hours after the event ends or by the end of the first
    business day after the event ends, whichever is sooner.
    (d-6) Permanent compostable waste collection points. To
further aid in the collection and composting of compostable
waste, as defined in subsection (b), a municipality may approve
the operation of permanent compostable waste collection points
at any site or facility within its territorial jurisdiction,
and a county may approve the operation of permanent compostable
waste collection points at any site or facility in any
unincorporated area within its territorial jurisdiction. The
approval granted pursuant to this subsection (d-6) must be in
writing; must specify the location, operating days, and
operating hours of the collection point; must list the types of
compostable waste that will be collected at the collection
point; and must specify a term of not more than 365 calendar
days during which the approval will be effective. In addition,
if the permanent compostable waste collection point is to be
operated at a location within a county with a population of
more than 400,000 but less than 2,000,000 inhabitants,
according to the 2010 federal decennial census, then the
operator of the collection point shall, at least 30 days before
the collection point begins operation, provide a copy of the
approval to the recycling coordinator designated by that
county. The approval may include conditions imposed by the
county or municipality as necessary to protect public health
and prevent odors, vectors, and other nuisances. A permanent
compostable waste collection point approved pursuant to this
subsection (d-6) must be operated in accordance with the
approval, including all conditions contained in the approval.
The following requirements apply to the permanent compostable
waste collection point, in addition to the conditions contained
in the approval:
        (1) Waste accepted at the collection point must be
    limited to the types of compostable waste authorized to be
    accepted under the approval.
        (2) Information promoting the collection point and
    signs at the collection point must clearly indicate the
    types of compostable waste approved for collection. To
    discourage the receipt of other waste, information
    promoting the collection point and signs at the collection
    point must also include (A) examples of compostable waste
    being collected and (B) examples of waste that is not being
    collected.
        (3) Compostable waste must be accepted only from
    private individuals. It may not be accepted from other
    persons, including, but not limited to, owners and
    operators of rented or leased residences where it was
    generated, commercial haulers, and other commercial,
    industrial, agricultural, and government operations or
    entities.
        (4) Compostable waste must be managed in a manner that
    protects against releases of the waste, prevents
    nuisances, and otherwise protects human health and the
    environment. Compostable waste must be properly secured to
    prevent it from being accessed by the public at any time,
    including, but not limited to, during the collection
    point's non-operating hours. Permanent compostable waste
    collection points must be adequately supervised during
    their operating hours.
        (5) Compostable waste must be secured in non-porous,
    rigid, leak-proof containers that:
            (A) are no larger than 10 cubic yards in size;
            (B) are covered, except when the compostable waste
        is being added to or removed from the container or it
        is otherwise necessary to access the compostable
        waste;
            (C) prevent precipitation from draining through
        the compostable waste;
            (D) prevent dispersion of the compostable waste by
        wind;
            (E) contain spills or releases that could create
        nuisances or otherwise harm human health or the
        environment;
            (F) limit access to the compostable waste by
        vectors;
            (G) control odors and other nuisances; and
            (H) provide for storage, removal, and off-site
        transfer of the compostable waste in a manner that
        protects its ability to be composted.
        (6) No more than a total of 10 cubic yards of
    compostable waste shall be located at the permanent
    compostable waste collection site at any one time.
        (7) Management of the compostable waste must be limited
    to the following: (A) acceptance, (B) temporary storage
    before transfer, and (C) off-site transfer.
        (8) All compostable waste received at the permanent
    compostable waste collection point must be transferred
    off-site to a permitted compost facility not less
    frequently than once every 7 days.
        (9) If a permanent compostable waste collection point
    receives waste other than compostable waste, then that
    waste must be disposed of not less frequently than once
    every 7 days.
    (e) The Agency may adopt rules governing the operation of
household waste drop-off points, other than one-day household
waste collection events, one-day compostable waste collection
events, and permanent compostable waste collection points.
Those rules must be designed to protect against releases of
waste to the environment, prevent nuisances, and otherwise
protect human health and the environment. As necessary to
address different circumstances, the regulations may contain
different requirements for different types of household waste
and different types of household waste drop-off points, and the
regulations may modify the requirements set forth in subsection
(c) of this Section. The regulations may include, but are not
limited to, the following: (i) identification of additional
types of household waste that can be collected at household
waste drop-off points, (ii) identification of the different
types of household wastes that can be received at different
household waste drop-off points, (iii) the maximum amounts of
each type of household waste that can be stored at household
waste drop-off points at any one time, and (iv) the maximum
time periods each type of household waste can be stored at
household waste drop-off points.
    (f) Prohibitions.
        (1) Except as authorized in a permit issued by the
    Agency, no person shall cause or allow the operation of a
    household waste drop-off point, other than a one-day
    household waste collection event, one-day compostable
    waste collection event, or permanent compostable waste
    collection point, in violation of this Section or any
    regulations adopted under this Section.
        (2) No person shall cause or allow the operation of a
    one-day household waste collection event in violation of
    this Section or the Agency's approval issued under
    subsection (d) of this Section, including all conditions
    contained in the approval.
        (3) No person shall cause or allow the operation of a
    one-day compostable waste collection event in violation of
    this Section or the approval issued for the one-day
    compostable waste collection event under subsection (d-5)
    of this Section, including all conditions contained in the
    approval.
        (4) No person shall cause or allow the operation of a
    permanent compostable waste collection event in violation
    of this Section or the approval issued for the permanent
    compostable waste collection point under subsection (d-6)
    of this Section, including all conditions contained in the
    approval.
    (g) Permit exemptions.
        (1) No permit is required under subdivision (d)(1) of
    Section 21 of this Act for the operation of a household
    waste drop-off point, other than a one-day household waste
    collection event, one-day compostable waste collection
    event, or permanent compostable waste collection point, if
    the household waste drop-off point is operated in
    accordance with this Section and all regulations adopted
    under this Section.
        (2) No permit is required under subdivision (d)(1) of
    Section 21 of this Act for the operation of a one-day
    household waste collection event if the event is operated
    in accordance with this Section and the Agency's approval
    issued under subsection (d) of this Section, including all
    conditions contained in the approval, or for the operation
    of a household waste collection event by the Agency.
        (3) No permit is required under paragraph (1) of
    subsection (d) of Section 21 of this Act for the operation
    of a one-day compostable waste collection event if the
    compostable waste collection event is operated in
    accordance with this Section and the approval issued for
    the compostable waste collection point under subsection
    (d-5) of this Section, including all conditions contained
    in the approval.
        (4) No permit is required under paragraph (1) of
    subsection (d) of Section 21 of this Act for the operation
    of a permanent compostable waste collection point if the
    collection point is operated in accordance with this
    Section and the approval issued for the compostable waste
    collection event under subsection (d-6) of this Section,
    including all conditions contained in the approval.
    (h) This Section does not apply to the following:
        (1) Persons accepting household waste that they are
    authorized to accept under a permit issued by the Agency.
        (2) Sites or facilities operated pursuant to an
    intergovernmental agreement entered into with the Agency
    under Section 22.16b(d) of this Act.
    (i) The Agency, in consultation with the Department of
Public Health, must develop and implement a public information
program regarding household waste drop-off points that accept
pharmaceutical products.
    (j) The Agency must develop a sign that provides
information on the proper disposal of unused pharmaceutical
products. The Agency shall make a copy of the sign available
for downloading from its website.
    (k) If an entity chooses to participate as a household
waste drop-off point, then it must follow the provisions of
this Section and any rules the Agency may adopt governing
household waste drop-off points.
(Source: P.A. 96-121, eff. 8-4-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/10/2015