Public Act 097-0545
 
HB2056 EnrolledLRB097 07029 JDS 47122 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 2. The Illinois Criminal Justice Information Act is 
amended  by adding Section 9.3 as follows:
 
    (20 ILCS 3930/9.3 new)
    Sec. 9.3. The Prescription Pill and Drug Disposal Fund. The 
Prescription Pill and Drug Disposal Fund is created as a 
special fund in the State treasury.  Moneys in the Fund shall be 
used for grants by the Illinois Criminal Justice Information 
Authority to local law enforcement agencies for the purpose of 
facilitating the collection, transportation, and incineration 
of pharmaceuticals from residential sources that are collected 
and transported by law enforcement agencies under Section 17.9A 
of the Environmental Protection Act.  Before awarding  a grant 
from this Fund but no later than July 1, 2012, the Authority 
shall adopt rules that (i) specify the conditions under which 
grants will be awarded from this Fund and  (ii) otherwise 
provide for the implementation and administration of the grant 
program created by this Section. Interest attributable to 
moneys in the Fund shall be paid into the Fund.
 
    Section 5. The State Finance Act is amended by adding 
Section 5.786 as follows:
 
    (30 ILCS 105/5.786 new)
    Sec. 5.786. The Prescription Pill and Drug Disposal Fund.
 
    Section 10. The Environmental Protection Act is amended  by 
changing Section 3.330 and  by adding Section 17.9A as follows:
 



    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)


    Sec. 3.330. Pollution control facility. 

    (a) "Pollution control facility" is any waste storage site, 
sanitary
landfill, waste disposal site, waste transfer 
station, waste treatment
facility, or waste incinerator.  This 
includes sewers, sewage treatment
plants, and any other 
facilities owned or operated by sanitary districts
organized 
under the Metropolitan Water Reclamation District Act.

    The following are not pollution control facilities:


        (1) (blank);


        (2) waste storage sites regulated under 40 CFR, Part 
    761.42;


        (3) sites or facilities used by any person conducting a 
    waste storage,
waste treatment, waste disposal, waste 
    transfer or waste incineration
operation, or a combination 
    thereof, for wastes generated by such person's
own 
    activities, when such wastes are stored, treated, disposed 
    of,
transferred or incinerated within the site or facility 
    owned, controlled or
operated by such person, or when such 
    wastes are transported within or
between sites or 
    facilities owned, controlled or operated by such person;


        (4) sites or facilities at which the State is 
    performing removal or
remedial action pursuant to Section 
    22.2 or 55.3;


        (5) abandoned quarries used solely for the disposal of 
    concrete, earth
materials, gravel, or aggregate debris 
    resulting from road construction
activities conducted by a 
    unit of government or construction activities due
to the 
    construction and installation of underground pipes, lines, 
    conduit
or wires off of the premises of a public utility 
    company which are
conducted by a public utility;


        (6) sites or facilities used by any person to 
    specifically conduct a
landscape composting operation;


        (7) regional facilities as defined in the Central 
    Midwest Interstate
Low-Level Radioactive Waste Compact;


        (8) the portion of a site or facility where coal 
    combustion wastes are
stored or disposed of in accordance 
    with subdivision (r)(2) or (r)(3) of
Section 21;


        (9) the portion of a site or facility used for the 
    collection,
storage or processing of waste tires as defined 
    in Title XIV;


        (10) the portion of a site or facility used for 
    treatment of
petroleum contaminated materials by 
    application onto or incorporation into
the soil surface and 
    any portion of that site or facility used for storage
of 
    petroleum contaminated materials before treatment.  Only 
    those categories
of petroleum listed in Section
57.9(a)(3) 
    are exempt under this subdivision (10);


        (11) the portion of a site or facility where used oil 
    is collected or
stored prior to shipment to a recycling or 
    energy recovery facility, provided
that the used oil is 
    generated by households or commercial establishments, and

    the site or facility is a recycling center or a business 
    where oil or gasoline
is sold at retail;
        (11.5) processing sites or facilities that receive 
    only on-specification used oil, as defined in 35 Ill. 
    Admin. Code 739, originating from used oil collectors for 
    processing that is managed under 35 Ill. Admin. Code 739 to 
    produce products for sale to off-site petroleum 
    facilities, if these processing sites or facilities are: 
    (i) located within a home rule unit of local government 
    with a population of at least 30,000 according to the 2000 
    federal census, that home rule unit of local government has 
    been designated as an Urban Round II Empowerment Zone by 
    the United States Department of Housing and Urban 
    Development, and that home rule unit of local government 
    has enacted an ordinance approving the location of the site 
    or facility and provided funding for the site or facility; 
    and (ii) in compliance with all applicable zoning 
    requirements;



        (12) the portion of a site or facility utilizing coal 
    combustion waste
for stabilization and treatment of only 
    waste generated on that site or
facility when used in 
    connection with response actions pursuant to the federal

    Comprehensive Environmental Response, Compensation, and 
    Liability Act of 1980,
the federal Resource Conservation 
    and Recovery Act of 1976, or the Illinois
Environmental 
    Protection Act or as authorized by the Agency;


        (13) the portion of a site or facility that (i) accepts 
    exclusively general
construction or demolition debris, 
    (ii) is located in a county with a population over

    3,000,000 as of January 1, 2000 or in a county that is 
    contiguous to such a county, and (iii) is operated and 
    located in accordance with Section 22.38 of this Act;
        (14) the portion of a site or facility, located within 
    a unit of local government that has enacted local zoning 
    requirements, used to accept, separate, and process 
    uncontaminated broken concrete, with or without protruding 
    metal bars, provided that the uncontaminated broken 
    concrete and metal bars are not speculatively accumulated, 
    are  at the site or facility no longer than one year after 
    their acceptance, and are returned to the economic 
    mainstream in the form of raw materials or products;

        (15) the portion of a site or facility located in a 
    county with a population over 3,000,000 that has obtained 
    local siting approval under Section 39.2 of this Act for a 
    municipal waste incinerator on or before July 1, 2005 and 
    that is used for a non-hazardous waste transfer station;

        (16) a site or facility that temporarily holds in 
    transit for 10 days or less, non-putrescible 
    non-petruscible solid waste in original containers, no 
    larger in capacity than 500 gallons, provided that such 
    waste is further transferred to a recycling, disposal, 
    treatment, or storage facility on a non-contiguous site and 
    provided such site or facility complies with the applicable 
    10-day transfer requirements of the federal Resource 
    Conservation and Recovery Act of 1976 and United States 
    Department of Transportation hazardous material 
    requirements.  For purposes of this Section only, 
    "non-putrescible non-petruscible solid waste" means waste 
    other than municipal garbage that does not rot or become 
    putrid,  including, but not limited to, paints, solvent, 
    filters, and absorbents;

        (17)
 the portion of a site or facility located in a 
    county with a population greater than 3,000,000 that has 
    obtained local siting approval, under Section 39.2 of this 
    Act, for a municipal waste incinerator on or before July 1, 
    2005 and that is used for wood combustion facilities for 
    energy recovery that accept and burn only wood material, as 
    included in a fuel specification approved by the Agency;

        (18)
 a transfer station used exclusively for landscape 
    waste, including a transfer station where landscape waste 
    is ground to reduce its volume, where the landscape waste 
    is held no longer than 24 hours from the time it was 
    received;
        (19) the portion of a site or facility that (i) is used 
    for the composting of food scrap, livestock waste, crop 
    residue, uncontaminated wood waste, or paper waste, 
    including, but not limited to, corrugated paper or 
    cardboard, and (ii) meets all of the following 
    requirements:
            (A) There must not be more than a total of 30,000 
        cubic yards of livestock waste in raw form or in the 
        process of being composted at the site or facility at 
        any one time.
            (B) All food scrap, livestock waste, crop residue, 
        uncontaminated wood waste, and paper waste must, by the 
        end of each operating day, be processed and placed into 
        an enclosed vessel in which air flow and temperature 
        are controlled, or all of the following additional 
        requirements must be met:
                (i) The portion of the site or facility used 
            for the composting operation must include a 
            setback of at least 200 feet from the nearest 
            potable water supply well.
                (ii) The portion of the site or facility used 
            for the composting operation must be located 
            outside the boundary of the 10-year floodplain or 
            floodproofed.
                (iii) The portion of the site or facility used 
            for the composting operation must be located at 
            least one-eighth of a mile from the nearest 
            residence, other than a residence located on the 
            same property as the site or facility.
                (iv) The portion of the site or facility used 
            for the composting operation must be located at 
            least one-eighth of a mile from the property line 
            of all of the following areas:
                    (I) Facilities that primarily serve to 
                house or treat people that are 
                immunocompromised or immunosuppressed, such as 
                cancer or AIDS patients; people with asthma, 
                cystic fibrosis, or bioaerosol allergies; or 
                children under the age of one year.
                    (II) Primary and secondary schools and 
                adjacent areas that the schools use for 
                recreation.
                    (III) Any facility for child care licensed 
                under Section 3 of the Child Care Act of 1969; 
                preschools; and adjacent areas that the 
                facilities or preschools use for recreation.
                (v) By the end of each operating day, all food 
            scrap, livestock waste, crop residue, 
            uncontaminated wood waste, and paper waste must be 
            (i) processed into windrows or other piles and (ii) 
            covered in a manner that prevents scavenging by 
            birds and animals and that prevents other 
            nuisances.
            (C) Food scrap, livestock waste, crop residue, 
        uncontaminated wood waste, paper waste, and compost 
        must not be placed within 5 feet of the water table.
            (D) The site or facility must meet all of the 
        requirements of the Wild and Scenic Rivers Act (16 
        U.S.C. 1271 et seq.).
            (E) The site or facility must not (i) restrict the 
        flow of a 100-year flood, (ii) result in washout of 
        food scrap, livestock waste, crop residue, 
        uncontaminated wood waste, or paper waste from a 
        100-year flood, or (iii) reduce the temporary water 
        storage capacity of the 100-year floodplain, unless 
        measures are undertaken to provide alternative storage 
        capacity, such as by providing lagoons, holding tanks, 
        or drainage around structures at the facility.
            (F) The site or facility must not be located in any 
        area where it may pose a threat of harm or destruction 
        to the features for which:
                (i) an irreplaceable historic or 
            archaeological site has been listed under the 
            National Historic Preservation Act (16 U.S.C. 470 
            et seq.) or the Illinois Historic Preservation 
            Act;
                (ii) a natural landmark has been designated by 
            the National Park Service or the Illinois State 
            Historic Preservation Office; or
                (iii) a natural area has been designated as a 
            Dedicated Illinois Nature Preserve under the 
            Illinois Natural Areas Preservation Act.
            (G) The site or facility must not be located in an 
        area where it may jeopardize the continued existence of 
        any designated endangered species, result in the 
        destruction or adverse modification of the critical 
        habitat for such species, or cause or contribute to the 
        taking of any endangered or threatened species of 
        plant, fish, or wildlife listed under the Endangered 
        Species Act (16 U.S.C. 1531 et seq.) or the Illinois 
        Endangered Species Protection Act; and 
        (20) the portion of a site or facility that is located 
    entirely within a home rule unit having a population of no 
    less than 120,000 and no more than 135,000, according to 
    the 2000 federal census, and  that meets all of the 
    following requirements:
                (i) the portion of the site or facility is used 
            exclusively to perform testing of a thermochemical 
            conversion technology using only woody biomass, 
            collected as landscape waste within the boundaries 
            of the home rule unit, as the hydrocarbon feedstock 
            for the production of synthetic gas in accordance 
            with Section 39.9 of this Act;
                (ii) the portion of the site or facility is in 
            compliance with all applicable zoning 
            requirements; and
                (iii) a complete application for a 
            demonstration permit at the portion of the site or 
            facility has been submitted to the Agency in 
            accordance with Section 39.9 of this Act within one 
            year after July 27, 2010 (the effective date of 
            Public Act 96-1314); this amendatory Act of the 
            96th General Assembly
        (21) (19) the portion of a site or facility used to 
    perform limited testing of a gasification conversion 
    technology in accordance with Section 39.8 of this Act and 
    for which a complete permit application has been submitted 
    to the Agency prior to one year from April 9, 2010 (the 
    effective date of Public Act 96-887); and this amendatory 
    Act of the 96th General Assembly.

        (22) the portion of  a site or facility that is used to 
    incinerate only pharmaceuticals from residential sources 
    that are collected and transported by law enforcement 
    agencies under Section 17.9A of this Act. 
    (b) A new pollution control facility is:


        (1) a pollution control facility initially permitted 
    for development or
construction after July 1, 1981; or


        (2) the area of expansion beyond the boundary of a 
    currently permitted
pollution control facility; or


        (3) a permitted pollution  control facility requesting 
    approval to
store, dispose of, transfer or incinerate, for 
    the first time, any special
or hazardous waste.

(Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; 
95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. 
8-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; 96-887, 
eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff. 7-16-10; 
96-1314, eff. 7-27-10; revised 9-2-10.)

 
    (415 ILCS 5/17.9A new)
    Sec. 17.9A. Collection and transportation of 
pharmaceuticals by law enforcement agencies. Notwithstanding 
any other provision of this Act, to the extent allowed by 
federal law, a law enforcement agency may collect 
pharmaceuticals from residential sources and transport them to 
an incinerator permitted by the Agency to be incinerated in 
accordance with the permit, permit conditions, this Act, and 
rules adopted under this Act.  For the purposes of this Section, 
"law enforcement agency" means an agency of the State or of a 
unit of local of government which is vested by law or ordinance 
with the duty to maintain public order and to enforce criminal 
laws.
 
    Section 15. The Unified Code of Corrections is amended  by 
changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 


    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)



    (Text of Section from P.A. 94-550, 96-132, and 96-402)

    Sec. 5-9-1.1. Drug related offenses. 

    (a) When a person has been adjudged guilty of a drug 
related
offense involving possession or delivery of cannabis or 
possession or delivery
of a controlled substance, other than 
methamphetamine, as defined in the Cannabis Control Act, as 
amended,
or the Illinois Controlled Substances Act, as amended, 
in addition to any
other penalty imposed, a fine shall be 
levied by the court at not less than
the full street value of 
the cannabis or controlled substances seized.

    "Street value" shall be determined by the court on the 
basis of testimony
of law enforcement personnel and the 
defendant as to the amount seized and
such testimony as may be 
required by the court as to the current street
value of the 
cannabis or controlled substance seized.

    (b) In addition to any penalty imposed under subsection (a) 
of this
Section, a fine of
$100 shall be levied by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act
for deposit into the Trauma
Center Fund 
for distribution as provided under Section 3.225 of the 
Emergency
Medical Services (EMS) Systems Act.

    (c) In addition to any penalty imposed under subsection (a) 
of this
Section, a fee of $5 shall be assessed by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act for deposit into the Spinal Cord
Injury 
Paralysis Cure Research Trust Fund.
This additional fee of $5 
shall not be considered a part of the fine for
purposes of any 
reduction in the fine for time served either before or after

sentencing.

    (d) In addition to any penalty imposed under subsection (a) 
of this
Section for a drug related
offense involving possession 
or delivery
of cannabis or possession or delivery of a 
controlled substance as defined in the Cannabis Control Act, 
the Illinois Controlled Substances Act, or the Methamphetamine 
Control and Community Protection Act, a fee of $50 shall be 
assessed by the court, the proceeds of which
shall be collected 
by the Circuit Clerk and remitted to the State Treasurer
under 
Section 27.6 of the Clerks of Courts Act for deposit into the 
Performance-enhancing Substance Testing Fund.
This additional 
fee of $50 shall not be considered a part of the fine for

purposes of any reduction in the fine for time served either 
before or after
sentencing. The provisions of this subsection 
(d), other than this sentence, are inoperative after June 30, 
2011. 
    (e) (d)  In addition to any penalty imposed under subsection 
(a) of this
Section, a $25 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk and remitted to the State Treasurer for deposit into the 
State Police Services Fund and shall be used for grants by the 
Department of State Police to drug task forces and Metropolitan 
Enforcement Groups in accordance with the Intergovernmental 
Drug Laws Enforcement Act. 
    (f) In addition to any penalty imposed under subsection (a) 
of this
Section, a $20 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk. Of the collected proceeds, (i) 90% shall be remitted to 
the State Treasurer for deposit into the Prescription Pill and  
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into 
the Criminal Justice Information Projects Fund, for use by the 
Illinois Criminal Justice Information Authority for the costs 
associated with making grants from the Prescription Pill and 
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% 
for deposit into the Circuit Court Clerk Operation and 
Administrative Fund for the costs associated with 
administering this subsection. 
(Source: P.A. 94-550, eff. 1-1-06; 96-132, eff. 8-7-09; 96-402, 
eff. 1-1-10, revised 10-6-09.)

 
    (Text of Section from P.A. 94-556, 96-132, and 96-402)

    Sec. 5-9-1.1. Drug related offenses. 

    (a) When a person has been adjudged guilty of a drug 
related
offense involving possession or delivery of cannabis or 
possession or delivery
of a controlled substance as defined in 
the Cannabis Control Act, the Illinois Controlled Substances 
Act, or the Methamphetamine Control and Community Protection 
Act,  in addition to any
other penalty imposed, a fine shall be 
levied by the court at not less than
the full street value of 
the cannabis or controlled substances seized.

    "Street value" shall be determined by the court on the 
basis of testimony
of law enforcement personnel and the 
defendant as to the amount seized and
such testimony as may be 
required by the court as to the current street
value of the 
cannabis or controlled substance seized.

    (b) In addition to any penalty imposed under subsection (a) 
of this
Section, a fine of $100 shall be levied by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act for deposit into the Trauma
Center Fund 
for distribution as provided under Section 3.225 of the 
Emergency
Medical Services (EMS) Systems Act.

    (c) In addition to any penalty imposed under subsection (a) 
of this
Section, a fee of $5 shall be assessed by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act for deposit into the Spinal Cord
Injury 
Paralysis Cure Research Trust Fund.
This additional fee of $5 
shall not be considered a part of the fine for
purposes of any 
reduction in the fine for time served either before or after

sentencing.

    (d) In addition to any penalty imposed under subsection (a) 
of this
Section for a drug related
offense involving possession 
or delivery
of cannabis or possession or delivery of a 
controlled substance as defined in the Cannabis Control Act, 
the Illinois Controlled Substances Act, or the Methamphetamine 
Control  and Community Protection Act, a fee of $50 shall be 
assessed by the court, the proceeds of which
shall be collected 
by the Circuit Clerk and remitted to the State Treasurer
under 
Section 27.6 of the Clerks of Courts Act for deposit into the 
Performance-enhancing Substance Testing Fund.
This additional 
fee of $50 shall not be considered a part of the fine for

purposes of any reduction in the fine for time served either 
before or after
sentencing. The provisions of this subsection 
(d), other than this sentence, are inoperative after June 30, 
2011. 
    (e) (d)  In addition to any penalty imposed under subsection 
(a) of this
Section, a $25 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk and remitted to the State Treasurer for deposit into the 
State Police Services Fund and shall be used for grants by the 
Department of State Police to drug task forces and Metropolitan 
Enforcement Groups in accordance with the Intergovernmental 
Drug Laws Enforcement Act. 
    (f) In addition to any penalty imposed under subsection (a) 
of this
Section, a $20 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk. Of the collected proceeds, (i) 90% shall be remitted to 
the State Treasurer for deposit into the Prescription Pill and  
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into 
the Criminal Justice Information Projects Fund, for use by the 
Illinois Criminal Justice Information Authority for the costs 
associated with making grants from the Prescription Pill and 
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% 
for deposit into the Circuit Court Clerk Operation and 
Administrative Fund for the costs associated with 
administering this subsection. 
(Source: P.A. 94-556, eff. 9-11-05; 96-132, eff. 8-7-09; 
96-402, eff. 1-1-10, revised 10-6-09.)

 
    (730 ILCS 5/5-9-1.1-5)
    Sec. 5-9-1.1-5. Methamphetamine related offenses.
    (a) When a person has been adjudged guilty of a 
methamphetamine related
offense involving possession or 
delivery of methamphetamine or any salt of an optical isomer of 
methamphetamine or possession of a methamphetamine 
manufacturing material as set forth in Section 10 of the 
Methamphetamine Control and Community Protection Act with the 
intent to manufacture a substance containing methamphetamine 
or salt of an optical isomer of methamphetamine, in addition to 
any
other penalty imposed, a fine shall be levied by the court 
at not less than
the full street value of the methamphetamine 
or salt of an optical isomer of methamphetamine or 
methamphetamine manufacturing materials seized.
    "Street value" shall be determined by the court on the 
basis of testimony
of law enforcement personnel and the 
defendant as to the amount seized and
such testimony as may be 
required by the court as to the current street
value of the 
methamphetamine or salt of an optical isomer of methamphetamine 
or methamphetamine manufacturing materials seized.
    (b) In addition to any penalty imposed under subsection (a) 
of this
Section, a fine of
$100 shall be levied by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act
for deposit into the Methamphetamine Law 
Enforcement Fund and allocated as provided in subsection (d) of 
Section 5-9-1.2.

    (c)  In addition to any penalty imposed under subsection (a) 
of this
Section, a $25 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk and remitted to the State Treasurer for deposit into the 
Drug Traffic Prevention Fund. The moneys deposited into the 
Drug Traffic Prevention Fund pursuant to this Section shall be 
appropriated to and administered by the Department of State 
Police for funding of drug task forces and Metropolitan 
Enforcement Groups in accordance with the Intergovernmental 
Drug Laws Enforcement Act.
    (d) In addition to any penalty imposed under subsection (a) 
of this
Section, a $20 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk. Of the collected proceeds, (i) 90% shall be remitted to 
the State Treasurer for deposit into the Prescription Pill and  
Drug Disposal Fund; (ii) 5% shall be remitted for deposit into 
the Criminal Justice Information Projects Fund, for use by the 
Illinois Criminal Justice Information Authority for the costs 
associated with making grants from the Prescription Pill and 
Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5% 
for deposit into the Circuit Court Clerk Operation and 
Administrative Fund for the costs associated with 
administering this subsection. 
(Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10; 
96-1000, eff. 7-2-10; 96-1234, eff. 7-23-10.)