2023 Illinois Compiled Statutes › Chapter 415 - ENVIRONMENTAL SAFETY › 415 ILCS 5/ - Environmental Protection Act. › Title XV - Potentially Infectious Medical Waste

(415 ILCS 5/Tit. XV heading)
Title XV:  
		Potentially Infectious Medical Waste
(415 ILCS 5/56) (from Ch. 111 1/2, par. 1056)
Sec. 56. 
		(a) The General Assembly finds:
(1) that potentially infectious medical waste, if not     handled properly, may constitute an environmental or public health problem.
(2) that potentially infectious medical waste, if not     handled properly, may present a health risk to handlers of the waste at the facility where the waste is generated, during transportation of the waste, and at the facility receiving the waste.
(b) It is the purpose of this Title to reduce the potential
environmental and public health risks associated with potentially
infectious medical waste by establishing statutory and regulatory
requirements to ensure that such waste will be handled in a safe and
responsible manner.
(c) Potentially infectious medical waste is not a hazardous waste, except
for
those potentially infectious medical wastes identified by characteristics or
listing as hazardous under Section 3001 of the Resource Conservation and
Recovery Act of 1976, P.L. 94-580, or pursuant to Board regulations.
Potentially infectious medical waste characterized or listed as hazardous shall
be subject to the appropriate hazardous waste regulations.  Potentially
infectious medical waste packages that contain both waste characterized or
listed as
hazardous and waste characterized as nonhazardous shall be subject to
the
hazardous waste regulations.
(Source: P.A. 90-773, eff. 8-14-98.)
(415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
Sec. 56.1. Acts prohibited.
(A) No person shall:
(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:
(1) the infectious potential has been eliminated         from the sharps by treatment; and
(2) the sharps are packaged in accordance with         Board regulations.
(b) Cause or allow the delivery of any potentially     infectious medical waste for transport, storage, treatment, or transfer except in accordance with Board regulations.
(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).
(d) Beginning July 1, 1992, cause or allow the     delivery or transfer of any potentially infectious medical waste for transport unless:
(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).
(2) a potentially infectious medical waste         manifest is completed for the waste if a manifest is required under subsection (h).
(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.
(f) Beginning July 1, 1992, conduct any potentially     infectious medical waste transportation operation:
(1) Without a permit issued by the Agency to         transport potentially infectious medical waste. No permit is required under this provision (f)(1) for:
(A) a person transporting potentially             infectious medical waste generated solely by that person's activities;
(B) noncommercial transportation of less than             50 pounds of potentially infectious medical waste at any one time; or
(C) the U.S. Postal Service.
(2) In violation of any condition of any permit         issued by the Agency under this Act.
(3) In violation of any regulation adopted by the         Board.
(4) In violation of any order adopted by the         Board under this Act.
(g) Beginning July 1, 1992, conduct any potentially     infectious medical waste treatment, storage, or transfer operation:
(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:
(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.
(B) Hospital that treats, stores, or             transfers only potentially infectious medical waste generated by its own activities or by members of its medical staff.
(C) Sharps collection station that is             operated in accordance with Section 56.7.
(2) in violation of any condition of any permit         issued by the Agency under this Act.
(3) in violation of any regulation adopted by the         Board.
(4) In violation of any order adopted by the         Board under this Act.
(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:
(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;
(2) less than 50 pounds of potentially infectious         medical waste at any one time for a noncommercial transportation activity; or
(3) potentially infectious medical waste by the         U.S. Postal Service.
(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.
(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.
(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
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.
(C) Notwithstanding subsection (A) or any other provision of law, including the Vital Records Act, tissue and products from an abortion, as defined in Section 1-10 of the Reproductive Health Act, or a miscarriage may be buried, entombed, or cremated.
(Source: P.A. 101-13, eff. 6-12-19.)
(415 ILCS 5/56.2) (from Ch. 111 1/2, par. 1056.2)
Sec. 56.2. Regulations.
(a) No later than July 1, 1993, the Board shall adopt
regulations in accordance with Title VII of this Act prescribing design and
operating standards and criteria for all potentially infectious medical
waste treatment, storage, and transfer facilities.  At a minimum, these
regulations shall require treatment of potentially infectious medical waste
at a facility that:
(1) eliminates the infectious potential of the waste;
(2) prevents compaction and rupture of containers     during handling operations;
(3) disposes of treatment residuals in accordance     with this Act and regulations adopted thereunder;
(4) provides for quality assurance programs;
(5) provides for periodic testing using biological     testing, where appropriate, that demonstrate proper treatment of the waste;
(6) provides for assurances that clearly demonstrate     that potentially infectious medical waste has been properly treated; and
(7) is in compliance with all Federal and State laws     and regulations pertaining to environmental protection.
(b)  After the effective date of the Board regulations adopted under
subsection (a), each applicant for a potentially infectious medical waste
treatment permit shall prove that the facility will not cause a violation
of the Act or of regulations adopted thereunder.
(c) No later than July 1, 1993, the Board shall adopt regulations
in accordance with Title VII of this Act prescribing standards and criteria
for transporting, packaging, segregating, labeling, and marking potentially
infectious medical waste.
(d) In accord with Title VII of this Act, no later than January 1, 1992,
the Board shall repeal Subpart I of 35 Ill. Adm. Code 809.
(e) No later than January 1, 1992, the Board shall adopt rules that are
identical in substance to the list of etiologic agents identified as Class
4 agents as set forth in "Classification of Etiological Agents on the Basis
of Hazard, 1974", published by the Centers for Disease Control. On and after the effective date of this amendatory Act of the 102nd General Assembly, any person, including the Agency, may propose rules under Section 28 to amend the listing of etiologic agents
identified as Class 4 agents. When proposing rules, the proponent may consult classifications published by the U.S. Department of Health and Human Services, "Guidelines for Research Involving Recombinant DNA Molecules" published by the National Institutes for Health, or "Biosafety in Microbiological and Biomedical Laboratories" published by the Centers for Disease Control and Prevention. The Board shall take action on a proposal to amend the listing of Class 4 agents not later than 6 months after receiving it.
(f) In accord with Title VII of this Act, the Board may adopt regulations
to promote the purposes of this Title.  The regulations prescribed in
subsection (a), (c), and (e) shall not limit the generality of this authority.
(Source: P.A. 102-243, eff. 8-3-21.)
(415 ILCS 5/56.3) (from Ch. 111 1/2, par. 1056.3)
Sec. 56.3. 
		
		Commencing March 31, 1993, and annually thereafter, each
transporter of potentially infectious medical waste required to have a
permit under subsection (f) of Section 56.1 of this Act, each facility for
which a permit is required under subsection (g) of Section 56.1 of this Act
that stores, treats, or transfers potentially infectious medical waste and
each facility not required to have a permit under subsection (g) of Section
56.1 of this Act that treats more than 50 pounds per month of potentially
infectious medical waste shall file a report with the Agency specifying the
quantities and disposition of potentially infectious medical waste
transported, stored, treated, disposed, or transferred during the previous
calendar year.  Such reports shall be on forms prescribed and provided by
the Agency.
(Source: P.A. 87-752; 87-1097.)
(415 ILCS 5/56.4) (from Ch. 111 1/2, par. 1056.4)
Sec. 56.4. 
		Medical waste manifests.
(a) Manifests for potentially infectious medical waste shall
consist of an original (the first page of the form) and 3 copies.  Upon
delivery of potentially infectious medical waste by a generator to a
transporter, the transporter shall deliver one copy of the completed
manifest to the generator.  Upon delivery of potentially infectious medical
waste by a transporter to a treatment or disposal facility,
the transporter shall keep
one copy of the completed manifest, and the transporter shall deliver the
original and one copy of the completed manifest to the treatment or
disposal facility.
The treatment or disposal facility shall keep one copy of the
completed manifest and
return the original to the generator within 35 days.  The manifest,
as provided for in this Section, shall not terminate while
being transferred between the generator, transporter, transfer station, or
storage facility, unless transfer activities are conducted at the treatment or
disposal facility.  The manifest shall terminate at the treatment or disposal
facility.
(b) Potentially infectious medical waste manifests shall be in a form
prescribed and provided by the Agency. Generators and transporters of
potentially infectious medical waste and facilities accepting potentially
infectious medical waste are not required to submit copies of such
manifests to the Agency. The manifest described in this Section shall be
used for the transportation of potentially infectious medical waste instead
of the manifest described in Section 22.01 of this Act. Copies of each
manifest shall be retained for 3 years by generators, transporters, and
facilities, and shall be available for inspection and copying by the Agency.
(c) The Agency shall assess a fee of $4.00 for each
potentially infectious medical waste manifest provided by the Agency.
(d) All fees collected by the Agency under this Section shall be
deposited into the Environmental Protection Permit and Inspection Fund. The
Agency may establish procedures relating to the collection of fees under
this Section.  The Agency shall not refund any fee paid to it under this
Section.
(Source: P.A. 93-32, eff. 7-1-03.)
(415 ILCS 5/56.5) (from Ch. 111 1/2, par. 1056.5)
Sec. 56.5. 
		Medical waste hauling fees.
(a) The Agency shall annually collect a $2000 fee
for each potentially infectious medical waste hauling permit application
and, in addition, shall collect a fee of $250 for each potentially
infectious medical waste hauling vehicle identified in the annual permit
application and for each vehicle that is added to the permit during the
annual period.  Each applicant required to pay a fee under this Section
shall submit the fee along with the permit application.  The Agency shall
deny any permit application for which a fee is required under this Section
that does not contain the appropriate fee.
(b) All fees collected by the Agency under this Section shall be
deposited into the Environmental Protection Permit and Inspection Fund.
The Agency may establish procedures relating to the collection of fees
under this Section.  The Agency shall not refund any fee paid to it under
this Section.
(c) The Agency shall not collect a fee under this Section from any
hospital that transports only potentially infectious medical waste
generated by its own activities or by members of its medical staff.
(Source: P.A. 93-32, eff. 7-1-03.)
(415 ILCS 5/56.6) (from Ch. 111 1/2, par. 1056.6)
Sec. 56.6. 
		Medical waste transportation fees.
(a) The Agency shall collect from each transporter of potentially
infectious medical waste required to have a permit under Section 56.1(f)
of this Act a fee in the amount of 3 cents per pound of
potentially infectious medical waste transported.  The Agency shall collect
from each transporter of potentially infectious medical waste not required
to have a permit under Section 56.1(f)(1)(A) of this Act a fee in the
amount of 3 cents per pound of potentially infectious medical waste
transported to a site or facility not owned, controlled, or operated by the
transporter.  The Agency shall deny any permit required under Section
56.1(f) of this Act from any applicant who has not paid to the Agency all
fees due under this Section.
A fee in the amount of 3 cents per pound of potentially
infectious medical waste shall be collected by the Agency from a potentially
infectious medical waste storage site or treatment facility receiving
potentially infectious medical waste, unless the fee has been previously paid
by a transporter.
(b) The Agency shall establish procedures, not later than January 1,
1992, relating to the collection of the fees authorized by this Section.
These procedures shall include, but not be limited to: (i) necessary
records identifying the quantities of potentially infectious medical waste
transported; (ii) the form and submission of reports to accompany the
payment of fees to the Agency; and (iii) the time and manner of payment of
fees to the Agency, which payments shall be not more often than quarterly.
(c) All fees collected by the Agency under this Section shall be
deposited into the Environmental Protection Permit and Inspection Fund.  The
Agency may establish procedures relating to the collection of fees under
this Section.  The Agency shall not refund any fee paid to it under this
Section.
(d) The Agency shall not collect a fee under this Section from a
person transporting potentially infectious medical waste to a hospital when
the person is a member of the hospital's medical staff.
(Source: P.A. 93-32, eff. 7-1-03.)
(415 ILCS 5/56.7)
Sec. 56.7. No permit shall be required under subsection (d)(1) of Section 21 or subsection (g) of Section 56.1 of this
Act for a sharps collection station if the station is operated in accordance
with all of the following:
(1) The only waste accepted at the sharps collection     station is (i) hypodermic, intravenous, or other medical needles or syringes or other sharps, or (ii) medical household waste containing used or unused sharps, including but not limited to, hypodermic, intravenous, or other medical needles or  syringes or other sharps.
(2) The waste is stored and transferred in the same     manner as required for potentially infectious medical waste under this Act and under Board regulations.
(3) The waste is not treated at the sharps collection     station unless it is treated in the same manner as required for potentially infectious medical waste under this Act and under Board regulations.
(4) The waste is not disposed of at the sharps     collection station.
(5) The waste is transported in the same manner as     required for potentially infectious medical waste under this Act and under Board regulations.
(Source: P.A. 94-641, eff. 8-22-05.)
(415 ILCS 5/56.8)
Sec. 56.8. (Repealed).
(Source: P.A. 100-925, eff. 1-1-19. Repealed internally, eff. 12-31-22.)