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| Public Act 099-0082 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 3. The Department of Public Health Powers and | ||||
Duties Law of the
Civil Administrative Code of Illinois is | ||||
amended by changing Section 2310-252 as follows: | ||||
(20 ILCS 2310/2310-252) | ||||
Sec. 2310-252. Guidelines for needle disposal; education.
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(a) The Illinois Department of Public Health, in | ||||
cooperation with the Illinois Environmental Protection Agency, | ||||
must create guidelines for the proper disposal of hypodermic | ||||
syringes, needles, and other sharps used for | ||||
self-administration purposes that are consistent with the | ||||
available guidelines regarding disposal for home health care | ||||
products provided by the United States Environmental | ||||
Protection Agency. In establishing these guidelines, the | ||||
Department shall promote flexible and convenient disposal | ||||
methods appropriate to the area and level of services available | ||||
to the person disposing of the hypodermic syringe, needle, or | ||||
other sharps. The Department guidelines shall encourage the use | ||||
of safe disposal programs that include, but are not limited to, | ||||
the following: | ||||
(1) drop box or supervised collection sites; | ||||
(2) sharps mail-back programs; | ||
(3) syringe exchange programs; and | ||
(4) at-home needle destruction devices. | ||
(b) The Illinois Department of Public Health must develop | ||
educational materials regarding the safe disposal of | ||
hypodermic syringes, needles, and other sharps and distribute | ||
copies of these educational materials to pharmacies and the | ||
public. The educational materials must include information | ||
regarding safer injection, HIV prevention, proper methods for | ||
the disposal of hypodermic syringes, needles, and other sharps, | ||
and contact information for obtaining treatment for drug abuse | ||
and addiction.
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(c) As soon as practicable after the effective date of this | ||
amendatory Act of the 99th General Assembly, the Department of | ||
Public Health shall review and, if necessary, revise the | ||
guidelines and educational materials developed pursuant to | ||
this Section so that those guidelines and materials inform | ||
members of the public about the prohibitions under Section 56.1 | ||
of the Environmental Protection Act. | ||
(Source: P.A. 94-641, eff. 8-22-05.) | ||
Section 5. The Environmental Protection Act is amended by | ||
changing Sections 56.1 and 56.7 as follows: | ||
(415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
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Sec. 56.1. Acts prohibited.
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(A) No person shall:
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(a) Cause or allow the disposal of any potentially | ||
infectious medical
waste. Sharps may be disposed in any | ||
landfill permitted by the Agency under
Section 21 of this Act | ||
to accept municipal waste for disposal, if both:
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(1) the infectious potential has been eliminated from | ||
the sharps by
treatment; and
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(2) the sharps are packaged in accordance with Board | ||
regulations.
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(b) Cause or allow the delivery of any potentially | ||
infectious medical
waste for transport, storage, treatment, or | ||
transfer except in accordance
with Board regulations.
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(c) Beginning July 1, 1992, cause or allow the delivery of | ||
any
potentially infectious medical waste to a person or | ||
facility for storage,
treatment, or transfer that does not have | ||
a permit issued by the agency to
receive potentially infectious | ||
medical waste, unless no permit is required
under subsection | ||
(g)(1).
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(d) Beginning July 1, 1992, cause or allow the delivery or | ||
transfer of
any potentially infectious medical waste for | ||
transport unless:
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(1) the transporter has a permit issued by the Agency | ||
to transport
potentially infectious medical waste, or the | ||
transporter is exempt from the
permit requirement set forth | ||
in subsection (f)(l).
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(2) a potentially infectious medical waste manifest is | ||
completed for
the waste if a manifest is required under | ||
subsection (h).
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(e) Cause or allow the acceptance of any potentially | ||
infectious medical
waste for purposes of transport, storage, | ||
treatment, or transfer except in
accordance with Board | ||
regulations.
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(f) Beginning July 1, 1992, conduct any potentially | ||
infectious medical
waste transportation operation:
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(1) Without a permit issued by the Agency to transport | ||
potentially
infectious medical waste. No permit is | ||
required under this provision (f)(1)
for:
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(A) a person transporting potentially infectious | ||
medical waste
generated solely by that person's | ||
activities;
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(B) noncommercial transportation of less than 50 | ||
pounds of potentially
infectious medical waste at any | ||
one
time; or
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(C) the U.S. Postal Service.
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(2) In violation of any condition of any permit issued | ||
by the Agency
under this Act.
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(3) In violation of any regulation adopted by the | ||
Board.
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(4) In violation of any order adopted by the Board | ||
under this Act.
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(g) Beginning July 1, 1992, conduct any potentially | ||
infectious medical
waste treatment, storage, or transfer | ||
operation:
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(1) without a permit issued by the Agency that | ||
specifically
authorizes the treatment, storage, or transfer of | ||
potentially infectious
medical waste. No permit is required | ||
under this subsection (g) or subsection (d)(1) of Section 21 | ||
for any:
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(A) Person conducting a potentially infectious | ||
medical waste
treatment, storage, or transfer | ||
operation for potentially infectious
medical waste | ||
generated by the person's own activities that are | ||
treated,
stored, or transferred within the site where | ||
the potentially infectious
medical waste is generated.
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(B) Hospital that treats, stores, or transfers | ||
only potentially
infectious medical waste generated by | ||
its own activities or by members of its
medical staff.
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(C) Sharps collection station that is operated in | ||
accordance with
Section 56.7.
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(2) in violation of any condition of any permit issued | ||
by the Agency
under this Act.
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(3) in violation of any regulation adopted by the | ||
Board.
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(4) In violation of any order adopted by the Board | ||
under this Act.
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(h) Transport potentially infectious medical waste unless | ||
the
transporter carries a completed potentially infectious | ||
medical waste
manifest. No manifest is required for the | ||
transportation of:
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(1) potentially infectious medical waste being | ||
transported by
generators who generated the waste by their | ||
own activities, when the
potentially infectious medical | ||
waste is transported within or between sites
or facilities | ||
owned, controlled, or operated by that person;
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(2) less than 50 pounds of potentially infectious | ||
medical waste at
any one time for a noncommercial
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transportation activity; or
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(3) potentially infectious medical waste by the U.S. | ||
Postal Service.
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(i) Offer for transportation, transport, deliver, receive | ||
or accept
potentially infectious medical waste for which a | ||
manifest is required,
unless the manifest indicates that the | ||
fee required under Section 56.4 of
this Act has been paid.
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(j) Beginning January 1, 1994, conduct a potentially | ||
infectious medical
waste treatment operation at an incinerator | ||
in existence on the effective
date of this Title in violation | ||
of emission standards established
for these incinerators under | ||
Section 129 of the Clean Air Act (42 USC 7429),
as amended.
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(k) Beginning July 1, 2015, knowingly mix household sharps, | ||
including, but not limited to, hypodermic, intravenous, or | ||
other medical needles or syringes or other medical household | ||
waste containing used or unused sharps, including, but not | ||
limited to, hypodermic, intravenous, or other medical needles | ||
or syringes or other sharps, with any other material intended | ||
for collection as a recyclable material by a residential | ||
hauler. | ||
(l) Beginning on July 1, 2015, knowingly place household | ||
sharps into a container intended for collection by a | ||
residential hauler for processing at a recycling center. | ||
(B) In making its orders and determinations relative to
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penalties, if any, to be imposed for violating subdivision | ||
(A)(a) of
this Section, the Board, in addition to the
factors | ||
in Sections 33(c) and 42(h) of this Act, or the Court shall | ||
take into
consideration whether the owner or operator of the | ||
landfill reasonably relied
on written statements from the | ||
person generating or treating the waste that
the waste is not | ||
potentially infectious medical waste.
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(Source: P.A. 94-641, eff. 8-22-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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