EPA-MEDICAL WASTE SHIPPING

Illinois General Assembly - Full Text of HB4403

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HB4403 - 104th General Assembly

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HB4403 Enrolled
LRB104 17216 BDA 30636 b
1

AN ACT concerning safety.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Environmental Protection Act is amended by
5
changing Sections 56.1, 56.3, 56.4, 56.5, and 56.6 as follows:

6

(415 ILCS 5/56.1)

(from Ch. 111 1/2, par. 1056.1)
7

Sec. 56.1.
Acts prohibited.
8

(A) No person shall:
9

(a) Cause or allow the disposal of any potentially
10

infectious medical waste. Sharps may be disposed in any
11

landfill permitted by the Agency under Section 21 of this
12

Act to accept municipal waste for disposal, if both:
13

(1) the infectious potential has been eliminated
14

from the sharps by treatment; and
15

(2) the sharps are packaged in accordance with
16

Board regulations.
17

(b) Cause or allow the delivery of any potentially
18

infectious medical waste for transport, storage,
19

treatment, or transfer except in accordance with Board
20

regulations.
21

(c) Beginning July 1, 1992, cause or allow the
22

delivery of any potentially infectious medical waste to a
23

person or facility for storage, treatment, or transfer

HB4403 Enrolled
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LRB104 17216 BDA 30636 b
1

that does not have a permit issued by the agency to receive
2

potentially infectious medical waste, unless no permit is
3

required under subsection (g)(1).
4

(d)
Cause

Beginning July 1, 1992, cause
or allow the
5

delivery or transfer of any potentially infectious medical
6

waste for transport unless:
7

(1) the transporter has a permit issued by the
8

Agency to transport potentially infectious medical
9

waste, or the transporter is exempt from the permit
10

requirement set forth in subsection (f)(l)
; and

.

11

(2)
the potentially infectious medical waste is
12

accompanied by completed shipping papers meeting the
13

requirements of the federal hazardous materials
14

transportation regulations (Title 49 CFR Subtitle B,
15

Chapter I, Subchapter C) if required under subsection
16

(h)

a potentially infectious medical waste manifest is
17

completed for the waste if a manifest is required
18

under subsection (h)
.
19

(e) Cause or allow the acceptance of any potentially
20

infectious medical waste for purposes of transport,
21

storage, treatment, or transfer except in accordance with
22

Board regulations.
23

(f) Beginning July 1, 1992, conduct any potentially
24

infectious medical waste transportation operation:
25

(1) Without a permit issued by the Agency to
26

transport potentially infectious medical waste. No

HB4403 Enrolled
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LRB104 17216 BDA 30636 b
1

permit is required under this provision (f)(1) for:
2

(A) a person transporting potentially
3

infectious medical waste generated solely by that
4

person's activities;
5

(B) noncommercial transportation of less than
6

50 pounds of potentially infectious medical waste
7

at any one time; or
8

(C) the U.S. Postal Service.
9

(2) In violation of any condition of any permit
10

issued by the Agency under this Act.
11

(3) In violation of any regulation adopted by the
12

Board.
13

(4) In violation of any order adopted by the Board
14

under this Act.
15

(g) Beginning July 1, 1992, conduct any potentially
16

infectious medical waste treatment, storage, or transfer
17

operation:
18

(1) without a permit issued by the Agency that
19

specifically authorizes the treatment, storage, or
20

transfer of potentially infectious medical waste. No
21

permit is required under this subsection (g) or
22

subsection (d)(1) of Section 21 for any:
23

(A) Person conducting a potentially infectious
24

medical waste treatment, storage, or transfer
25

operation for potentially infectious medical waste
26

generated by the person's own activities that are

HB4403 Enrolled
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LRB104 17216 BDA 30636 b
1

treated, stored, or transferred within the site
2

where the potentially infectious medical waste is
3

generated.
4

(B) Hospital that treats, stores, or transfers
5

only potentially infectious medical waste
6

generated by its own activities or by members of
7

its medical staff.
8

(C) Sharps collection station that is operated
9

in accordance with Section 56.7.
10

(2) in violation of any condition of any permit
11

issued by the Agency under this Act.
12

(3) in violation of any regulation adopted by the
13

Board.
14

(4) In violation of any order adopted by the Board
15

under this Act.
16

(h) Transport potentially infectious medical waste
17

unless the transporter carries
completed shipping papers
18

for the potentially infectious medical waste that meet the
19

requirements of the federal hazardous materials
20

transportation regulations as set forth in 49 CFR Subtitle
21

B, Chapter I, Subchapter C

a completed potentially
22

infectious medical waste manifest
. No manifest
or shipping
23

papers are

is
required
under this Title
for the
24

transportation of:
25

(1) potentially infectious medical waste being
26

transported by generators who generated the waste by

HB4403 Enrolled
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LRB104 17216 BDA 30636 b
1

their own activities, when the potentially infectious
2

medical waste is transported within or between sites
3

or facilities owned, controlled, or operated by that
4

person;
5

(2) less than 50 pounds of potentially infectious
6

medical waste at any one time for a noncommercial
7

transportation activity; or
8

(3) potentially infectious medical waste by the
9

U.S. Postal Service.
10

(i) Offer for transportation, transport, deliver,
11

receive or accept potentially infectious medical waste for
12

which a manifest
or shipping papers are

is
required
under
13

this Title
, unless
the manifest indicates that
the fee
14

required under Section 56.4 of this Act has been paid.
15

(j) Beginning January 1, 1994, conduct a potentially
16

infectious medical waste treatment operation at an
17

incinerator in existence on the effective date of this
18

Title in violation of emission standards established for
19

these incinerators under Section 129 of the Clean Air Act
20

(42 USC 7429), as amended.
21

(k) Beginning July 1, 2015, knowingly mix household
22

sharps, including, but not limited to, hypodermic,
23

intravenous, or other medical needles or syringes or other
24

medical household waste containing used or unused sharps,
25

including, but not limited to, hypodermic, intravenous, or
26

other medical needles or syringes or other sharps, with

HB4403 Enrolled
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LRB104 17216 BDA 30636 b
1

any other material intended for collection as a recyclable
2

material by a residential hauler.
3

(l) Beginning on July 1, 2015, knowingly place
4

household sharps into a container intended for collection
5

by a residential hauler for processing at a recycling
6

center.
7

(B) In making its orders and determinations relative to
8
penalties, if any, to be imposed for violating subdivision
9
(A)(a) of this Section, the Board, in addition to the factors
10
in Sections 33(c) and 42(h) of this Act, or the Court shall
11
take into consideration whether the owner or operator of the
12
landfill reasonably relied on written statements from the
13
person generating or treating the waste that the waste is not
14
potentially infectious medical waste.
15

(C) Notwithstanding subsection (A) or any other provision
16
of law, including the Vital Records Act, tissue and products
17
from an abortion, as defined in Section 1-10 of the
18
Reproductive Health Act, or a miscarriage may be buried,
19
entombed, or cremated.
20
(Source: P.A. 101-13, eff. 6-12-19.)

21

(415 ILCS 5/56.3)

(from Ch. 111 1/2, par. 1056.3)
22

Sec. 56.3.
Commencing March 31, 1993, and annually
23
thereafter, each transporter of potentially infectious medical
24
waste required to have a permit under subsection (f) of
25
Section 56.1 of this Act, each facility for which a permit is

HB4403 Enrolled
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LRB104 17216 BDA 30636 b
1
required under subsection (g) of Section 56.1 of this Act that
2
stores, treats, or transfers potentially infectious medical
3
waste and each facility not required to have a permit under
4
subsection (g) of Section 56.1 of this Act that treats more
5
than 50 pounds per month of potentially infectious medical
6
waste shall file a report with the Agency specifying the
7
quantities and disposition of potentially infectious medical
8
waste transported, stored, treated, disposed, or transferred
9
during the previous calendar year. Such reports shall be on
10
forms
and in a format
prescribed
and provided
by the Agency.
11
(Source: P.A. 87-752; 87-1097.)

12

(415 ILCS 5/56.4)

(from Ch. 111 1/2, par. 1056.4)
13

Sec. 56.4.
Potentially infectious medical

Medical
waste
14
manifests
and shipping papers
.
15

(a)
Until January 1, 2027, manifests

Manifests
for
16
potentially infectious medical waste shall consist of an
17
original (the first page of the form) and 3 copies. Upon
18
delivery of potentially infectious medical waste by a
19
generator to a transporter, the transporter shall deliver one
20
copy of the completed manifest to the generator. Upon delivery
21
of potentially infectious medical waste by a transporter to a
22
treatment or disposal facility, the transporter shall keep one
23
copy of the completed manifest, and the transporter shall
24
deliver the original and one copy of the completed manifest to
25
the treatment or disposal facility. The treatment or disposal

HB4403 Enrolled
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LRB104 17216 BDA 30636 b
1
facility shall keep one copy of the completed manifest and
2
return the original to the generator within 35 days. The
3
manifest, as provided for in this Section, shall not terminate
4
while being transferred between the generator, transporter,
5
transfer station, or storage facility, unless transfer
6
activities are conducted at the treatment or disposal
7
facility. The manifest shall terminate at the treatment or
8
disposal facility.
9

(b)
Until January 1, 2027, potentially

Potentially

10
infectious medical waste manifests shall be
on forms and in a
11
format

in a form
prescribed
and provided
by the Agency.
12
Generators and transporters of potentially infectious medical
13
waste and facilities accepting potentially infectious medical
14
waste are not required to submit copies of such manifests to
15
the Agency. The manifest described in this Section shall be
16
used for the transportation of potentially infectious medical
17
waste instead of the manifest described in Section 22.01 of
18
this Act. Copies of each manifest shall be retained for 3 years
19
by generators, transporters, and facilities, and shall be
20
available for inspection and copying by the Agency.
21

(c)
(Blank).

The Agency shall assess a fee of $4.00 for
22
each potentially infectious medical waste manifest provided by
23
the Agency.
24

(d) All fees collected by the Agency under this Section
25
shall be deposited into the Environmental Protection Permit
26
and Inspection Fund. The Agency may establish procedures

HB4403 Enrolled
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LRB104 17216 BDA 30636 b
1
relating to the collection of fees under this Section. The
2
Agency shall not refund any fee paid to it under this Section.
3

(e) Beginning January 1, 2027, shipping papers required
4
under this Title for potentially infectious medical waste
5
shall satisfy the requirements for shipping papers under the
6
federal hazardous materials transportation regulations as set
7
forth in 49 CFR Subtitle B, Chapter I, Subchapter C.

8
(Source: P.A. 93-32, eff. 7-1-03.)

9

(415 ILCS 5/56.5)

(from Ch. 111 1/2, par. 1056.5)
10

Sec. 56.5.
Potentially infectious medical

Medical
waste
11
hauling fees.
12

(a)
Permit applicants

The Agency
shall annually
pay to the
13
Agency

collect
a
$2,000

$2000
fee for each potentially
14
infectious medical waste hauling permit application and, in
15
addition, shall
pay to the Agency

collect
a fee of $250 for
16
each potentially infectious medical waste hauling vehicle
17
identified in the annual permit application and for each
18
vehicle that is added to the permit during the annual period.
19
Each applicant required to pay a fee under this Section shall
20
submit the fee along with the permit application. The Agency
21
shall deny any permit application for which a fee is required
22
under this Section that does not contain the appropriate fee.
23

(b) All fees collected by the Agency under this Section
24
shall be deposited into the Environmental Protection Permit
25
and Inspection Fund. The Agency may establish procedures

HB4403 Enrolled
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LRB104 17216 BDA 30636 b
1
relating to the collection of fees under this Section. The
2
Agency shall not refund any fee paid to it under this Section.
3

(c) The Agency shall not collect a fee under this Section
4
from any hospital that transports only potentially infectious
5
medical waste generated by its own activities or by members of
6
its medical staff.
7
(Source: P.A. 93-32, eff. 7-1-03.)

8

(415 ILCS 5/56.6)

(from Ch. 111 1/2, par. 1056.6)
9

Sec. 56.6.
Potentially infectious medical

Medical
waste
10
transportation fees.
11

(a)
Each

The Agency shall collect from each
transporter of
12
potentially infectious medical waste required to have a permit
13
under Section 56.1(f) of this Act
shall pay to the Agency
a fee
14
in the amount of
5

3
cents per pound of potentially infectious
15
medical waste transported.
Each

The Agency shall collect from
16
each
transporter of potentially infectious medical waste not
17
required to have a permit under Section 56.1(f)(1)(A) of this
18
Act
shall pay to the Agency
a fee in the amount of
5

3
cents
19
per pound of potentially infectious medical waste transported
20
to a site or facility not owned, controlled, or operated by the
21
transporter. The Agency shall deny any permit required under
22
Section 56.1(f) of this Act from any applicant who has not paid
23
to the Agency all fees due under this Section.
24

A
fee in the amount of 3 cents per pound of potentially
25
infectious medical waste shall be collected by the Agency from

HB4403 Enrolled
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LRB104 17216 BDA 30636 b
1
a
potentially infectious medical waste storage site or
2
treatment facility receiving potentially infectious medical
3
waste
shall pay to the Agency a fee in the amount of 5 cents
4
per pound of potentially infectious medical waste received
,
5
unless the fee has been previously paid by a transporter.
6

(b) The Agency shall establish procedures
, not later than
7
January 1, 1992,
relating to the
payment of fees under

8
collection of the fees authorized by
this Section. These
9
procedures shall include, but not be limited to: (i) necessary
10
records identifying the quantities of potentially infectious
11
medical waste transported
or received
; (ii) the form and
12
submission of reports to accompany the payment of fees to the
13
Agency; and (iii) the time and manner of payment of fees to the
14
Agency, which payments shall be not more often than quarterly.
15

(c) All fees collected by the Agency under this Section
16
shall be deposited into the Environmental Protection Permit
17
and Inspection Fund. The Agency may establish procedures
18
relating to the collection of fees under this Section. The
19
Agency shall not refund any fee paid to it under this Section.
20

(d) The Agency shall not collect a fee under this Section
21
from a person transporting potentially infectious medical
22
waste to a hospital when the person is a member of the
23
hospital's medical staff.
24
(Source: P.A. 93-32, eff. 7-1-03.)

25

Section 99.
Effective date.
This Act takes effect January
26
1, 2027.

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