Bill Text: IL SB0178 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Environmental Protection Act. Requires the Agency, in consultation with the Illinois Department of Public Health, to develop and implement a public information program regarding available drug disposal sites and the proper storage and disposal of drugs. Requires the Agency, in conjunction with the Illinois State Board of Education, to create signs containing information on the proper storage and disposal of drugs and to deliver one of those signs to each pharmacy in the State. Amends the Illinois Pharmacy Act. Requires pharmacies to post the drug disposal signs created and distributed by the Agency.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Passed) 2009-08-04 - Public Act . . . . . . . . . 96-0121 [SB0178 Detail]

Download: Illinois-2009-SB0178-Enrolled.html

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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
adding Section 22.55 as follows:
(415 ILCS 5/22.55 new)
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:
"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

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storage of household waste.
"One-day household waste collection event" means a
household waste drop-off point approved by the Agency under
subsection (d) 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.
(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:
(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

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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,

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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.

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(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

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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.
(e) The Agency may adopt rules governing the operation of
household waste drop-off points other than one-day household

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waste collection events. 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 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

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this Section or the Agency's approval issued under
subsection (d) 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 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.
(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

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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.
Section 99. Effective date. This Act takes effect upon
becoming law.