Bill Text: IL SB0590 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends the Safe Pharmaceutical Disposal Act. Provides that any county shall (rather than may) and any municipality may authorize the use of its city hall, police department, or any other facility under the county's or municipality's control to display a container suitable for use as a receptacle for used, expired, or unwanted pharmaceuticals or sharps (rather than only pharmaceuticals). Defines "sharp" to mean any used or unused hypodermic, intravenous, or other medical needle or syringe with an original common medical purpose. Amends the Environmental Protection Act. Adds sharps to the list of types of household wastes that household waste drop-off points may accept. Defines "sharp" to mean any used or unused hypodermic, intravenous, or other medical needle or syringe with an original common medical purpose. Effective January 1, 2022.

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Engrossed - Dead) 2021-05-27 - Added Alternate Co-Sponsor Rep. Dagmara Avelar [SB0590 Detail]

Download: Illinois-2021-SB0590-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Safe Pharmaceutical Disposal Act is amended
by changing Section 17 as follows:
(210 ILCS 150/17)
Sec. 17. Pharmaceutical or sharp disposal.
(a) In this Section, "sharp" means any used or unused
hypodermic, intravenous, or other medical needle or syringe
with an original common medical purpose.
(b) Notwithstanding any provision of law, any county shall
and any or municipality may authorize the use of its city hall,
police department, or any other facility under the county's or
municipality's control to display a container suitable for use
as a receptacle for used, expired, or unwanted pharmaceuticals
or sharps. These used, expired, or unwanted pharmaceuticals
may include unused medication and prescription drugs, as well
as controlled substances if collected in accordance with
federal law. This receptacle shall only permit the deposit of
items, and the contents shall be locked and secured. The
container shall be accessible to the public and shall have
posted clearly legible signage indicating that expired or
unwanted prescription drugs or sharps may be disposed of in

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the receptacle. The county or municipality shall provide
continuous or regular notice to the public regarding the
availability of the receptacle. To the extent allowed under
federal law, pharmaceuticals collected under this Section may
be disposed of in a drug destruction device, as defined in
Section 22.58 of the Environmental Protection Act.
(Source: P.A. 99-480, eff. 9-9-15; 100-250, eff. 8-22-17.)
Section 10. 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.

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"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 medicine that contains a
radioactive component or a product that contains a

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radioactive component.
"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.
"Sharp" means any used or unused hypodermic,
intravenous, or other medical needle or syringe with an
original common medical purpose.
(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, sharps, personal care products,
batteries other than lead-acid batteries, paints,
automotive fluids, compact fluorescent lightbulbs, mercury
thermometers, and mercury thermostats. A household waste
drop-off point may accept controlled substances in
accordance with federal law.
(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

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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

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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", unless the household waste drop-off point
accepts controlled substances in accordance with federal
law.
(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, or other waste excluded by the Agency in the
Agency's approval or any conditions contained in the
approval. A one-day household waste collection event may
accept controlled substances in accordance with federal
law.
(2) Household waste must be accepted only from private

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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.

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(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

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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

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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

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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

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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.

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(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

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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

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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

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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

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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.

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(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, as well as mail-back programs
authorized under federal law.
(j) The Agency must develop a sign that provides
information on the proper disposal of unused pharmaceutical
products. The sign shall include information on approved
drop-off sites or list a website where updated information on
drop-off sites can be accessed. The sign shall also include
information on mail-back programs and self-disposal. The
Agency shall make a copy of the sign available for downloading
from its website. Every pharmacy shall display the sign in the
area where medications are dispensed and shall also display
any signs the Agency develops regarding local take-back
programs or household waste collection events. These signs
shall be no larger than 8.5 inches by 11 inches.
(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.
(l) The Agency shall establish, by rule, a statewide
medication take-back program by June 1, 2016 to ensure that

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there are pharmaceutical product disposal options regularly
available for residents across the State. No private entity
may be compelled to serve as or fund a take-back location or
program. Medications collected and disposed of under the
program shall include controlled substances approved for
collection by federal law. All medications collected and
disposed of under the program must be managed in accordance
with all applicable federal and State laws and regulations.
The Agency shall issue a report to the General Assembly by June
1, 2019 detailing the amount of pharmaceutical products
annually collected under the program, as well as any
legislative recommendations.
(Source: P.A. 99-11, eff. 7-10-15; 99-480, eff. 9-9-15;
99-642, eff. 7-28-16.)
Section 99. Effective date. This Act takes effect January
1, 2022.