Household Waste Drop-off Points and One-day Collection Events Under the Illinois Environmental Protection Act

The purpose of 415 ILCS 5/22.55, Household Waste Drop-off Points, is to improve the collection of waste from households by diverting certain wastes from the general household waste stream. The act provides for collection centers that can be located at commercial establishments, as well as allowing for the collection of waste in one-day collection events. Both types of collection are discussed in this post.

The first major section of the act allows retail establishments to collect certain types of household wastes from their customers. A household waste drop-off point is defined as “the portion of a site or facility used solely for the receipt and temporary storage of household waste.” 415 ILCS 5/22.55(b). A drop-off point is limited to accepting “pharmaceutical products, personal care products, batteries other than lead-acid batteries, paints automotive fluids, compact fluorescent lightbulbs, mercury thermometers, and mercury thermostats.” 415 ILCS 5/22.55(c)(1). However, the types of waste collected must be the same as those sold, distributed or dispensed by the facility. 415 ILCS 5/22.55(c)(2). By way of example, the regulations state that a drop-off point that accepts pharmaceutical waste must be located a site where prescriptions are filled, such as a pharmacy or hospital. Id. Additionally, mercury-containing devices may be collected at a location although only non-mercury containing devices are now sold. 415 ILCS 5/22.55(c)(2)(b). Government and school sponsored drop-off points are exempt from the limitations of 415 ILCS 5/22.55(c)(2) and are able to collect any type of household waste. 415 ILCS 5/22.55(c)(2)(a).

The location for the acceptance of the drop-off must be clearly identified. 415 ILCS 5/22.55(c)(3). A facility that accepts pharmaceutical waste must use the labeling prescribed by the IEPA, and must clearly prohibit the collection of controlled substances. Id. In addition, if more than one type of waste is collected, the wastes must not be comingled. 415 ILCS 5/22.55(c)(5). Wastes can only be collected from private individuals, meaning that commercial entities cannot dispose of their waste under the act. 415 ILCS 5/22.55(c)(4). Once collected, the wastes must be managed appropriately, and may not be held for more than 90 days. 415 ILCS 5/22.55(c)(7), (6). Finally, the eventual transfer of waste must comply with federal regulations. 415 ILCS 5/22.55(c)(9).

The second aspect of the Act allows for the collection of waste during a one-day household waste collection event. A collection event is defined as a household waste collection event approved by the agency. 415 ILCS 5/22.55(b). A facility that wants to host a one day collection event must first apply for a permit with the IEPA. 415 ILCS 5/22.55(d). A facility can only host one collection event per quarter. Id. The collection event must be completed in accordance with any permit conditions imposed by the IEPA. Id.

When hosting a collection event, the facility must ensure that no garbage, landscape waste or controlled substances are collected. 415 ILCS 5/22.55(d)(1). In addition, the host must ensure that waste is only collected from private individuals. 415 ILCS 5/22.55(d)(2). Similar to the drop-off points, all waste must be managed appropriately 415 ILCS 5/22.55(d)(3); however, wastes must be removed from the event site by the end of the next day. 415 ILCS 5/22.55(d)(5).

This post is a follow-up to a previous post on the Illinois Safe Pharmaceutical Disposal Act.

If you have any questions regarding the Illinois Household Waste Drop-off Points Act or would like advice on hosting a collection event, please contact us at 773-467-7134 or info@thornenvironmentallaw.com, or through our web contact form.

Disclaimer: This article cannot, and does not, create any attorney/client or consultant/client relationship.