Bill Text: IL HB0437 | 2015-2016 | 99th General Assembly | Chaptered

---

Bill Title: Amends the Environmental Protection Act. Provides that the Environmental Protection Agency may approve the operation of one-day household composting collection events. Establishes requirements for the compost collection events. Requests for approval shall be submitted on forms prescribed by the Agency. Provides that the Agency shall establish a pilot program to permit the operation of no more than 3 permanent drop-off sites for household organic waste collection. Establishes requirements for the permanent drop-off sites. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-07-10 - Public Act . . . . . . . . . 99-0011 [HB0437 Detail]

Download: Illinois-2015-HB0437-Chaptered.html

---

Public Act 099-0011
HB0437 Enrolled LRB099 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.