Bill Amendment: IL HB1455 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ELECTRONIC PRODUCTS RECYCLING
Status: 2015-07-10 - Public Act . . . . . . . . . 99-0013 [HB1455 Detail]
Download: Illinois-2015-HB1455-House_Amendment_002.html
Bill Title: ELECTRONIC PRODUCTS RECYCLING
Status: 2015-07-10 - Public Act . . . . . . . . . 99-0013 [HB1455 Detail]
Download: Illinois-2015-HB1455-House_Amendment_002.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 1455
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 1455 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Electronic Products Recycling and Reuse Act | ||||||
5 | is amended by changing Sections 15, 20, 50, 55, and 80 and by | ||||||
6 | adding Section 82 as follows:
| ||||||
7 | (415 ILCS 150/15)
| ||||||
8 | Sec. 15. Statewide recycling and reuse goals for all | ||||||
9 | covered electronic devices. | ||||||
10 | (a) For program year 2010, the statewide recycling or reuse | ||||||
11 | goal for all CEDs is the product of: (i) the latest population | ||||||
12 | estimate for the State, as published on the U.S. Census | ||||||
13 | Bureau's website on January 1, 2010; multiplied by (ii) 2.5 | ||||||
14 | pounds per capita. | ||||||
15 | (b) For program year 2011, the statewide recycling or reuse | ||||||
16 | goal for all CEDs is the product of: (i) the 2010 base weight; |
| |||||||
| |||||||
1 | multiplied by (ii) the 2010 goal attainment percentage. | ||||||
2 | For the purposes of this subsection (b): | ||||||
3 | The "2010 base weight" means the greater of: (i) twice the | ||||||
4 | total weight of all CEDs that were recycled or processed for | ||||||
5 | reuse between January 1, 2010 and June 30, 2010 as reported to | ||||||
6 | the Agency under subsection (i) or (j) of Section 30; or (ii) | ||||||
7 | twice the total weight of all CEDs that were recycled or | ||||||
8 | processed for reuse between January 1, 2010 and June 30, 2010 | ||||||
9 | as reported to the Agency under subsection (c) of Section 55. | ||||||
10 | The "2010 goal attainment percentage" means: | ||||||
11 | (1) 90% if the 2010 base weight is less than 90% of the | ||||||
12 | statewide recycling or reuse goal for program year 2010; | ||||||
13 | (2) 95% if the 2010 base weight is 90% or greater, but | ||||||
14 | does not exceed 95%, of the statewide recycling or reuse | ||||||
15 | goal for program year 2010; | ||||||
16 | (3) 100% if the 2010 base weight is 95% or greater, but | ||||||
17 | does not exceed 105%, of the statewide recycling or reuse | ||||||
18 | goal for program year 2010; | ||||||
19 | (4) 105% if the 2010 base weight is 105% or greater, | ||||||
20 | but does not exceed 110%, of the statewide recycling or | ||||||
21 | reuse goal for program year 2010; and | ||||||
22 | (5) 110% if the 2010 base weight is 110% or greater of | ||||||
23 | the statewide recycling or reuse goal for program year | ||||||
24 | 2010. | ||||||
25 | (c) For program year 2012 and for each of the following | ||||||
26 | categories of electronic devices, each manufacturer shall |
| |||||||
| |||||||
1 | recycle or reuse at least 40% of the total weight of the | ||||||
2 | electronic devices that the manufacturer sold in that category | ||||||
3 | in Illinois during the calendar year beginning January 1, 2010: | ||||||
4 | computers, monitors, televisions, printers, electronic | ||||||
5 | keyboards, facsimile machines, video cassette recorders, | ||||||
6 | portable digital music players, digital video disc players, | ||||||
7 | video game consoles, electronic mice, scanners, digital | ||||||
8 | converter boxes, cable receivers, satellite receivers, digital | ||||||
9 | video disc recorders, and small-scale servers. To determine the | ||||||
10 | manufacturer's annual recycling or reuse goal, the | ||||||
11 | manufacturer shall use its own Illinois sales data or its own | ||||||
12 | national sales data proportioned to Illinois' share of the U.S. | ||||||
13 | population, based on the U.S. Census population estimate for | ||||||
14 | 2009. | ||||||
15 | (c-5) For program year 2013 and program year 2014 and | ||||||
16 | thereafter and for each of the following categories of | ||||||
17 | electronic devices, each manufacturer shall recycle or reuse at | ||||||
18 | least 50% of the total weight of the electronic devices that | ||||||
19 | the manufacturer sold in that category in Illinois during the | ||||||
20 | calendar year 2 years before the applicable program year: | ||||||
21 | computers, monitors, televisions, printers, electronic | ||||||
22 | keyboards, facsimile machines, video cassette recorders, | ||||||
23 | portable digital music players, digital video disc players, | ||||||
24 | video game consoles, electronic mice, scanners, digital | ||||||
25 | converter boxes, cable receivers, satellite receivers, digital | ||||||
26 | video disc recorders, and small-scale servers. |
| |||||||
| |||||||
1 | To determine the manufacturer's annual recycling or reuse | ||||||
2 | goal, the manufacturer shall use its own Illinois sales data or | ||||||
3 | its own national sales data proportioned to Illinois' share of | ||||||
4 | the U.S. population, based on the most recent U.S. Census data. | ||||||
5 | (c-6) For program year 2015, the total annual recycling | ||||||
6 | goal for all manufacturers shall be as follows: | ||||||
7 | (1) 30,800,000 pounds for manufacturers of televisions | ||||||
8 | and computer monitors; and | ||||||
9 | (2) 15,800,000 pounds for manufacturers of all other | ||||||
10 | covered electronic devices. | ||||||
11 | For program year 2016 and program year 2017, the total | ||||||
12 | annual recycling goal for all
manufacturers shall be as | ||||||
13 | follows: | ||||||
14 | (1) 34,000,000 pounds for manufacturers of televisions | ||||||
15 | and computer monitors; and | ||||||
16 | (2) 15,600,000 pounds for manufacturers of all other | ||||||
17 | covered electronic devices. | ||||||
18 | An individual manufacturer's annual recycling goal for | ||||||
19 | televisions, computer monitors,
and all other covered | ||||||
20 | electronic devices shall be in proportion to the manufacturer's | ||||||
21 | market share of those product types sold in Illinois during the | ||||||
22 | calendar year 2 years before the applicable program year. | ||||||
23 | For program year 2018 and thereafter, and for each of the | ||||||
24 | following categories of electronic devices, each manufacturer | ||||||
25 | shall recycle or reuse at least 50% of the total weight of the | ||||||
26 | electronic devices that the manufacturer sold in that category |
| |||||||
| |||||||
1 | in Illinois during the calendar year 2 years before the | ||||||
2 | applicable program year: computers, monitors, televisions, | ||||||
3 | printers, electronic keyboards, facsimile machines, video | ||||||
4 | cassette recorders, portable digital music players, digital | ||||||
5 | video disc players, video game consoles, electronic mice, | ||||||
6 | scanners, digital converter boxes, cable receivers, satellite | ||||||
7 | receivers, digital video disc recorders, and small-scale | ||||||
8 | servers. | ||||||
9 | To determine the manufacturer's annual recycling or reuse | ||||||
10 | goal for program year 2018 and thereafter, the manufacturer | ||||||
11 | shall use its own Illinois sales data or its own national sales | ||||||
12 | data proportioned to Illinois' share of the U.S. population, | ||||||
13 | based on the most recent U.S. census data. | ||||||
14 | (d) In order to further the policy of the State of Illinois | ||||||
15 | to reduce the environmental and economic impacts of | ||||||
16 | transporting and managing cathode-ray tube (CRT) glass, and to | ||||||
17 | support (i) the beneficial use of CRTs in accordance with | ||||||
18 | beneficial use determinations issued by the Agency under | ||||||
19 | Section 22.54 of the Environmental Protection Act and (ii) the | ||||||
20 | storage of CRTs in retrievable storage cells at locations | ||||||
21 | within the State for future recovery, the total weight of a CRT | ||||||
22 | device, prior to processing, may be applied toward the | ||||||
23 | manufacturer's annual recycling or reuse goal, provided that: | ||||||
24 | (1) all recyclable components are removed from the | ||||||
25 | device; and | ||||||
26 | (2) the glass from the device is either: |
| |||||||
| |||||||
1 | (A) beneficially reused in accordance with a | ||||||
2 | beneficial use determination issued under Section | ||||||
3 | 22.54 of the Environmental Protection Act; or | ||||||
4 | (B) placed in a storage cell, in a manner that | ||||||
5 | allows it to be retrieved in the future, at a waste | ||||||
6 | disposal site that is permitted to accept the glass.
| ||||||
7 | (Source: P.A. 97-287, eff. 8-10-11.)
| ||||||
8 | (415 ILCS 150/20)
| ||||||
9 | Sec. 20. Agency responsibilities. | ||||||
10 | (a) The Agency has the authority to monitor compliance with | ||||||
11 | this Act, enforce violations of the Act by administrative | ||||||
12 | citation, and refer violations of this Act to the Attorney | ||||||
13 | General. | ||||||
14 | (b) No later than October 1 of each program year, the | ||||||
15 | Agency shall post on its website a list of underserved counties | ||||||
16 | in the State for the next program year. The list of underserved | ||||||
17 | counties for program years 2010 and 2011 is set forth in | ||||||
18 | subsection (a) of Section 60. | ||||||
19 | (c) From July 1, 2009 until December 31, 2015, the Agency | ||||||
20 | shall implement a county and municipal government education | ||||||
21 | campaign to inform those entities about this Act and the | ||||||
22 | implications on solid waste collection in their localities. | ||||||
23 | (c-5) No later than February 1, 2012 and every February 1 | ||||||
24 | thereafter, the Agency shall use a portion of the manufacturer, | ||||||
25 | recycler, and refurbisher registration fees to provide a $2,000 |
| |||||||
| |||||||
1 | grant to the recycling coordinator in each county of the State | ||||||
2 | in order to inform residents in each county about this Act and | ||||||
3 | opportunities to recycle CEDs and EEDs. The recycling | ||||||
4 | coordinator shall expend the $2,000 grant before December 31 of | ||||||
5 | the program year in which the grant is received. The recycling | ||||||
6 | coordinator shall maintain records that document the use of the | ||||||
7 | grant funds. | ||||||
8 | (c-10) By June 15, 2012 and by December 15, 2012, and by | ||||||
9 | every June 15 and December 15 thereafter through December 15, | ||||||
10 | 2015, the Agency shall meet with associations that represent | ||||||
11 | Illinois retail merchants twice each year to discuss compliance | ||||||
12 | with Section 40. | ||||||
13 | (c-15) By December 15, 2012 and each December 15 | ||||||
14 | thereafter, the Agency shall post on its website: (i) the | ||||||
15 | mailing address of each collection site at which collectors | ||||||
16 | collected CEDs and EEDs during the program year and (ii) the | ||||||
17 | amount in pounds of total CEDs and total EEDs collected at the | ||||||
18 | collection site during the program year. | ||||||
19 | (d) By July 1, 2011 for the first program year, and by May | ||||||
20 | 15 for all subsequent program years, except for program years | ||||||
21 | 2015, 2016, and 2017, the Agency shall report to the Governor | ||||||
22 | and to the General Assembly annually on the previous program | ||||||
23 | year's performance. The report must be posted on the Agency's | ||||||
24 | website. The report must include, but not be limited to, the | ||||||
25 | following: | ||||||
26 | (1) the total overall weight of CEDs, as well as the |
| |||||||
| |||||||
1 | sub-total weight of computers, the sub-total weight of | ||||||
2 | computer monitors, the sub-total weight of printers, the | ||||||
3 | sub-total weight of televisions, and the total weight of | ||||||
4 | EEDs that were recycled or processed for reuse in the State | ||||||
5 | during the program year, as reported by manufacturers and | ||||||
6 | collectors under Sections 30 and 55; | ||||||
7 | (2) a listing of all collection sites, as set forth | ||||||
8 | under subsection (a) of Section 55, and the addresses of | ||||||
9 | those sites; | ||||||
10 | (3) a statement showing, for the preceding program | ||||||
11 | year, (i) the total weight of CEDs and EEDs collected, | ||||||
12 | recycled, and processed for reuse by the manufacturers | ||||||
13 | pursuant to Section 30, (ii) the total weight of CEDs | ||||||
14 | processed for reuse by the manufacturers, and (iii) the | ||||||
15 | total weight of CEDs collected by the collectors; | ||||||
16 | (4) a listing of all entities or persons to whom the | ||||||
17 | Agency issued an administrative citation or with respect to | ||||||
18 | which the Agency made a referral for enforcement to the | ||||||
19 | Attorney General's Office as a result of a violation of | ||||||
20 | this Act; | ||||||
21 | (5) a discussion of the Agency's education and outreach | ||||||
22 | activities as set forth in subsection (c) of this Section; | ||||||
23 | and | ||||||
24 | (6) a discussion of the penalties, if any, incurred by | ||||||
25 | manufacturers for failure to achieve recycling goals, and a | ||||||
26 | recommendation to the General Assembly of any necessary or |
| |||||||
| |||||||
1 | appropriate changes to the manufacturers' recycling goals | ||||||
2 | or penalty provisions included in this Act. | ||||||
3 | For program years 2015, 2016, and 2017, the Agency shall | ||||||
4 | make available on its website the information described in | ||||||
5 | paragraphs (1) through (6) in whatever format it deems | ||||||
6 | appropriate. | ||||||
7 | (e) The Agency shall post on its website: (1) a list of | ||||||
8 | manufacturers that have paid the current year's registration | ||||||
9 | fee as set forth in subsection (b) of Section 30; (2) a list of | ||||||
10 | manufacturers that failed to pay the current year's | ||||||
11 | registration fee as set forth in subsection (b) of Section 30; | ||||||
12 | and (3) a list of registered collectors, the addresses of their | ||||||
13 | collection sites, their business telephone numbers, and a link | ||||||
14 | to their websites. | ||||||
15 | (f) In program years 2012, 2013, and 2014, and at its | ||||||
16 | discretion thereafter, the Agency shall convene and host an | ||||||
17 | Electronic Products Recycling Conference. The Agency may host | ||||||
18 | the conferences alone or with other public entities or with | ||||||
19 | organizations associated with electronic products recycling. | ||||||
20 | (g) No later than October 1 of each program year, the | ||||||
21 | Agency must post on its website the following information for | ||||||
22 | the next program year: (i) the individual recycling and reuse | ||||||
23 | goals for each manufacturer, as set forth in subsections (c) | ||||||
24 | and (c-5) of Section 15, as applicable, and (ii) the total | ||||||
25 | statewide recycling goal, determined by adding each individual | ||||||
26 | manufacturer's annual goal. |
| |||||||
| |||||||
1 | (h) By April 1, 2011, and by April 1 of all subsequent | ||||||
2 | years, the Agency shall award those manufacturers that have met | ||||||
3 | or exceeded their recycling or reuse goals for the previous | ||||||
4 | program year with an Electronic Industry Recycling Award. The | ||||||
5 | award shall acknowledge that the manufacturer has met or | ||||||
6 | exceeded its recycling goals and shall be posted on the Agency | ||||||
7 | website and in other media as appropriate. | ||||||
8 | (i) By March 1, 2011, and by March 1 of each subsequent | ||||||
9 | year, the Agency shall post on its website a list of registered | ||||||
10 | manufacturers that have not met their annual recycling and | ||||||
11 | reuse goal for the previous program year.
| ||||||
12 | (j) By July 1, 2015, the Agency shall solicit written | ||||||
13 | comments regarding all aspects of the program codified in this | ||||||
14 | Act, for the purpose of determining if the program requires any | ||||||
15 | modifications. | ||||||
16 | (1) Issues to be reviewed by the Agency are, but not | ||||||
17 | limited to, the following: | ||||||
18 | (A) Sufficiency of the annual statewide recycling | ||||||
19 | goals. | ||||||
20 | (B) Fairness of the formulas used to determine | ||||||
21 | individual manufacturer goals. | ||||||
22 | (C) Adequacy of, or the need for, continuation of | ||||||
23 | the credits outlined in Section 30(d)(1) through (3). | ||||||
24 | (D) Any temporary rescissions of county landfill | ||||||
25 | bans granted by the Illinois Pollution Control Board | ||||||
26 | pursuant to Section 95(e). |
| |||||||
| |||||||
1 | (E) Adequacy of, or the need for, the penalties | ||||||
2 | listed in Section 80 of this Act, which are scheduled | ||||||
3 | to take effect on January 1, 2013. | ||||||
4 | (F) Adequacy of the collection systems that have | ||||||
5 | been implemented as a result of this Act, with a | ||||||
6 | particular focus on promoting the most cost-effective | ||||||
7 | and convenient collection system possible for Illinois | ||||||
8 | residents. | ||||||
9 | (2) By July 1, 2015, the Agency shall complete its | ||||||
10 | review of the written comments received, as well as its own | ||||||
11 | reports on the preceding program years. By August 1, 2015, | ||||||
12 | the Agency shall hold a public hearing to present its | ||||||
13 | findings and solicit additional comments. All additional | ||||||
14 | comments shall be submitted to the Agency in writing no | ||||||
15 | later than October 1, 2015. | ||||||
16 | (3) The Agency's final report, which shall be issued no | ||||||
17 | later than February 1, 2016, shall be submitted to the | ||||||
18 | Governor and the General Assembly and shall include | ||||||
19 | specific recommendations for any necessary or appropriate | ||||||
20 | modifications to the program.
| ||||||
21 | (k) Any violation of this Act shall be enforceable by | ||||||
22 | administrative citation. Whenever the Agency personnel or | ||||||
23 | county personnel to whom the Agency has delegated the authority | ||||||
24 | to monitor compliance with this Act shall, on the basis of | ||||||
25 | direct observation, determine that any person has violated any | ||||||
26 | provision of this Act, the Agency or county personnel may issue |
| |||||||
| |||||||
1 | and serve, within 60 days after the observed violation, an | ||||||
2 | administrative citation upon that person or the entity | ||||||
3 | employing that person. Each citation shall be served upon the | ||||||
4 | person named or the person's authorized agent for service of | ||||||
5 | process and shall include the following: | ||||||
6 | (1) a statement specifying the provisions of this Act | ||||||
7 | that the person or the entity employing the person has | ||||||
8 | violated; | ||||||
9 | (2) a copy of the inspection report in which the Agency | ||||||
10 | or local government recorded the violation and the date and | ||||||
11 | time of the inspection; | ||||||
12 | (3) the penalty imposed under Section 80; and | ||||||
13 | (4) an affidavit by the personnel observing the | ||||||
14 | violation, attesting to their material actions and | ||||||
15 | observations. | ||||||
16 | (l) If the person named in the administrative citation | ||||||
17 | fails to petition the Illinois Pollution Control Board for | ||||||
18 | review within 35 days after the date of service, the Board | ||||||
19 | shall adopt a final order, which shall include the | ||||||
20 | administrative citation and findings of violation as alleged in | ||||||
21 | the citation and shall impose the penalty specified in Section | ||||||
22 | 80. | ||||||
23 | (m) If a petition for review is filed with the Board to | ||||||
24 | contest an administrative citation issued under this Section, | ||||||
25 | the Agency or unit of local government shall appear as a | ||||||
26 | complainant at a hearing before the Board to be conducted |
| |||||||
| |||||||
1 | pursuant to subsection (n) of this Section at a time not less | ||||||
2 | than 21 days after notice of the hearing has been sent by the | ||||||
3 | Board to the Agency or unit of local government and the person | ||||||
4 | named in the citation. In those hearings, the burden of proof | ||||||
5 | shall be on the Agency or unit of local government. If, based | ||||||
6 | on the record, the Board finds that the alleged violation | ||||||
7 | occurred, it shall adopt a final order, which shall include the | ||||||
8 | administrative citation and findings of violation as alleged in | ||||||
9 | the citation, and shall impose the penalty specified in Section | ||||||
10 | 80 of this Act. However, if the Board finds that the person | ||||||
11 | appealing the citation has shown that the violation resulted | ||||||
12 | from uncontrollable circumstances, the Board shall adopt a | ||||||
13 | final order that makes no finding of violation and imposes no | ||||||
14 | penalty. | ||||||
15 | (n) All hearings under this Act shall be held before a | ||||||
16 | qualified hearing officer, who may be attended by one or more | ||||||
17 | members of the Board, designated by the Chairman. All of these | ||||||
18 | hearings shall be open to the public, and any person may submit | ||||||
19 | written statements to the Board in connection with the subject | ||||||
20 | of these hearings. In addition, the Board may permit any person | ||||||
21 | to offer oral testimony.
Any party to a hearing under this | ||||||
22 | subsection may be represented by counsel, make oral or written | ||||||
23 | argument, offer testimony, cross-examine witnesses, or take | ||||||
24 | any combination of those actions. All testimony taken before | ||||||
25 | the Board shall be recorded stenographically. The transcript so | ||||||
26 | recorded and any additional matter accepted for the record |
| |||||||
| |||||||
1 | shall be open to public inspection, and copies of those | ||||||
2 | materials shall be made available to any person upon payment of | ||||||
3 | the actual cost of reproducing the original. | ||||||
4 | (o) Counties that have entered into a delegation agreement | ||||||
5 | with the Agency pursuant to subsection (r) of Section 4 of the | ||||||
6 | Illinois Environmental Protection Act for the purpose of | ||||||
7 | conducting inspection, investigation, or enforcement-related | ||||||
8 | functions may conduct inspections for noncompliance with this | ||||||
9 | Act. | ||||||
10 | (Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.)
| ||||||
11 | (415 ILCS 150/50)
| ||||||
12 | Sec. 50. Recycler and refurbisher registration. | ||||||
13 | (a) Prior to January 1 of each program year, each recycler | ||||||
14 | and refurbisher must register with the Agency and submit a | ||||||
15 | registration fee pursuant to subsection (b) for that program | ||||||
16 | year. Registration must be on forms and in a format prescribed | ||||||
17 | by the Agency and shall include, but not be limited to, the | ||||||
18 | address of each location where the recycler or refurbisher | ||||||
19 | manages CEDs or EEDs and identification of each location at | ||||||
20 | which the recycler or refurbisher accepts CEDs or EEDs from a | ||||||
21 | residence. | ||||||
22 | (b) The registration fee for program year 2010 is $2,000. | ||||||
23 | For program year 2011, if a recycler's or refurbisher's annual | ||||||
24 | combined total weight of CEDs and EEDs is less than 1,000 tons | ||||||
25 | per year, the registration fee shall be $500. For program year |
| |||||||
| |||||||
1 | 2012 and for all subsequent program years, both registration | ||||||
2 | fees shall be increased each year by an inflation factor | ||||||
3 | determined by the annual Implicit Price Deflator for Gross | ||||||
4 | National Product as published by the U.S. Department of | ||||||
5 | Commerce in its Survey of Current Business. The inflation | ||||||
6 | factor must be calculated each year by dividing the latest | ||||||
7 | published annual Implicit Price Deflator for Gross National | ||||||
8 | Product by the annual Implicit Price Deflator for Gross | ||||||
9 | National Product for the previous year. The inflation factor | ||||||
10 | must be rounded to the nearest 1/100th, and the resulting | ||||||
11 | registration fee must be rounded to the nearest whole dollar. | ||||||
12 | No later than October 1 of each program year, the Agency shall | ||||||
13 | post on its website the registration fee for the next program | ||||||
14 | year. | ||||||
15 | (c) No person may act as a recycler or a refurbisher of | ||||||
16 | CEDs for a manufacturer obligated to meet goals under this Act | ||||||
17 | unless the recycler or refurbisher is registered with the | ||||||
18 | Agency and has paid the registration fee as required under this | ||||||
19 | Section. Beginning in program year 2016, all recycling or | ||||||
20 | refurbishing facilities used by collectors of CEDs and EEDs | ||||||
21 | shall be accredited by the Responsible Recycling (R2) Practices | ||||||
22 | or e-Stewards certification programs or any other equivalent | ||||||
23 | certification programs recognized by the United States | ||||||
24 | Environmental Protection Agency. Manufacturers of CEDs and | ||||||
25 | EEDs shall ensure that recycling or refurbishing facilities | ||||||
26 | used as part of their recovery programs meet this requirement. |
| |||||||
| |||||||
1 | No person may act as a recycler or a refurbisher of CEDs for a | ||||||
2 | manufacturer obligated to meet goals under this Act unless the | ||||||
3 | recycler or refurbisher is registered and has paid the | ||||||
4 | registration fee as required under this Section. | ||||||
5 | (c-5) A Neither a registered recycler or nor a refurbisher | ||||||
6 | of CEDs and EEDs for a manufacturer obligated to meet goals | ||||||
7 | under this Act may not charge individual consumers or units of | ||||||
8 | local government acting as collectors a fee to recycle or | ||||||
9 | refurbish CEDs and EEDs, unless the recycler or refurbisher | ||||||
10 | provides (i) a financial incentive, such as a coupon, that is | ||||||
11 | of greater or equal value to the fee being charged or (ii) | ||||||
12 | premium service, such as curbside collection, home pick-up, or | ||||||
13 | a similar methods method of collection. Local units of | ||||||
14 | government serving as collectors of CEDs and EEDs shall not | ||||||
15 | charge a manufacturer for collection costs and shall offer the | ||||||
16 | manufacturer or its representative all CEDs and EEDs collected | ||||||
17 | by the local government at no cost. Nothing in this Act | ||||||
18 | requires a local unit of government to serve as a collector. | ||||||
19 | (c-10) Nothing in this Act prohibits any waste hauler from | ||||||
20 | entering into a contractual agreement with a unit of local | ||||||
21 | government to establish a collection program for the recycling | ||||||
22 | or reuse of CEDs or EEDs, including services such as curbside | ||||||
23 | collection, home pick-up, drop-off locations, or similar | ||||||
24 | methods of collection. | ||||||
25 | (d) Recyclers and refurbishers must, at a minimum, comply | ||||||
26 | with all of the following: |
| |||||||
| |||||||
1 | (1) Recyclers and refurbishers must comply with | ||||||
2 | federal, State, and local laws and regulations, including | ||||||
3 | federal and State minimum wage laws, specifically relevant | ||||||
4 | to the handling, processing, refurbishing and recycling of | ||||||
5 | residential CEDs and must have proper authorization by all | ||||||
6 | appropriate governing authorities to perform the handling, | ||||||
7 | processing, refurbishment, and recycling. | ||||||
8 | (2) Recyclers and refurbishers must implement the | ||||||
9 | appropriate measures to safeguard occupational and | ||||||
10 | environmental health and safety, through the following: | ||||||
11 | (A) environmental health and safety training of | ||||||
12 | personnel, including training with regard to material | ||||||
13 | and equipment handling, worker exposure, controlling | ||||||
14 | releases, and safety and emergency procedures; | ||||||
15 | (B) an up-to-date, written plan for the | ||||||
16 | identification and management of hazardous materials; | ||||||
17 | and | ||||||
18 | (C) an up-to-date, written plan for reporting and | ||||||
19 | responding to exceptional pollutant releases, | ||||||
20 | including emergencies such as accidents, spills, | ||||||
21 | fires, and explosions. | ||||||
22 | (3) Recyclers and refurbishers must maintain (i) | ||||||
23 | commercial general liability insurance or the equivalent | ||||||
24 | corporate guarantee for accidents and other emergencies | ||||||
25 | with limits of not less than $1,000,000 per occurrence and | ||||||
26 | $1,000,000 aggregate and (ii) pollution legal liability |
| |||||||
| |||||||
1 | insurance with limits not less than $1,000,000 per | ||||||
2 | occurrence for companies engaged solely in the dismantling | ||||||
3 | activities and $5,000,000 per occurrence for companies | ||||||
4 | engaged in recycling. | ||||||
5 | (4) Recyclers and refurbishers must maintain on file | ||||||
6 | documentation that demonstrates the completion of an | ||||||
7 | environmental health and safety audit completed and | ||||||
8 | certified by a competent internal and external auditor | ||||||
9 | annually. A competent auditor is an individual who, through | ||||||
10 | professional training or work experience, is appropriately | ||||||
11 | qualified to evaluate the environmental health and safety | ||||||
12 | conditions, practices, and procedures of the facility. | ||||||
13 | Documentation of auditors' qualifications must be | ||||||
14 | available for inspection by Agency officials and | ||||||
15 | third-party auditors. | ||||||
16 | (5) Recyclers and refurbishers must maintain on file | ||||||
17 | proof of workers' compensation and employers' liability | ||||||
18 | insurance. | ||||||
19 | (6) Recyclers and refurbishers must provide adequate | ||||||
20 | assurance (such as bonds or corporate guarantee) to cover | ||||||
21 | environmental and other costs of the closure of the | ||||||
22 | recycler or refurbisher's facility, including cleanup of | ||||||
23 | stockpiled equipment and materials. | ||||||
24 | (7) Recyclers and refurbishers must apply due | ||||||
25 | diligence principles to the selection of facilities to | ||||||
26 | which components and materials (such as plastics, metals, |
| |||||||
| |||||||
1 | and circuit boards) from CEDs and EEDs are sent for reuse | ||||||
2 | and recycling. | ||||||
3 | (8) Recyclers and refurbishers must establish a | ||||||
4 | documented environmental management system that is | ||||||
5 | appropriate in level of detail and documentation to the | ||||||
6 | scale and function of the facility, including documented | ||||||
7 | regular self-audits or inspections of the recycler or | ||||||
8 | refurbisher's environmental compliance at the facility. | ||||||
9 | (9) Recyclers and refurbishers must use the | ||||||
10 | appropriate equipment for the proper processing of | ||||||
11 | incoming materials as well as controlling environmental | ||||||
12 | releases to the environment. The dismantling operations | ||||||
13 | and storage of CED and EED components that contain | ||||||
14 | hazardous substances must be conducted indoors and over | ||||||
15 | impervious floors. Storage areas must be adequate to hold | ||||||
16 | all processed and unprocessed inventory. When heat is used | ||||||
17 | to soften solder and when CED and EED components are | ||||||
18 | shredded, operations must be designed to control indoor and | ||||||
19 | outdoor hazardous air emissions. | ||||||
20 | (10) Recyclers and refurbishers must establish a | ||||||
21 | system for identifying and properly managing components | ||||||
22 | (such as circuit boards, batteries, CRTs, and mercury | ||||||
23 | phosphor lamps) that are removed from CEDs and EEDs during | ||||||
24 | disassembly. Recyclers and refurbishers must properly | ||||||
25 | manage all hazardous and other components requiring | ||||||
26 | special handling from CEDs and EEDs consistent with |
| |||||||
| |||||||
1 | federal, State, and local laws and regulations. Recyclers | ||||||
2 | and refurbishers must provide visible tracking (such as | ||||||
3 | hazardous waste manifests or bills of lading) of hazardous | ||||||
4 | components and materials from the facility to the | ||||||
5 | destination facilities and documentation (such as | ||||||
6 | contracts) stating how the destination facility processes | ||||||
7 | the materials received. No recycler or refurbisher may | ||||||
8 | send, either directly or through intermediaries, hazardous | ||||||
9 | wastes to solid waste (non-hazardous waste) landfills or to | ||||||
10 | non-hazardous waste incinerators for disposal or energy | ||||||
11 | recovery. For the purpose of these guidelines, smelting of | ||||||
12 | hazardous wastes to recover metals for reuse in conformance | ||||||
13 | with all applicable laws and regulations is not considered | ||||||
14 | disposal or energy recovery. | ||||||
15 | (11) Recyclers and refurbishers must use a regularly | ||||||
16 | implemented and documented monitoring and record-keeping | ||||||
17 | program that tracks inbound CED and EED material weights | ||||||
18 | (total) and subsequent outbound weights (total to each | ||||||
19 | destination), injury and illness rates, and compliance | ||||||
20 | with applicable permit parameters including monitoring of | ||||||
21 | effluents and emissions. Recyclers and refurbishers must | ||||||
22 | maintain contracts or other documents, such as sales | ||||||
23 | receipts, suitable to demonstrate: (i) the reasonable | ||||||
24 | expectation that there is a downstream market or uses for | ||||||
25 | designated electronics (which may include recycling or | ||||||
26 | reclamation processes such as smelting to recover metals |
| |||||||
| |||||||
1 | for reuse); and (ii) that any residuals from recycling or | ||||||
2 | reclamation processes, or both, are properly handled and | ||||||
3 | managed to maximize reuse and recycling of materials to the | ||||||
4 | extent practical. | ||||||
5 | (12) Recyclers and refurbishers must comply with | ||||||
6 | federal and international law and agreements regarding the | ||||||
7 | export of used products or materials. In the case of | ||||||
8 | exports of CEDs and EEDs, recyclers and refurbishers must | ||||||
9 | comply with applicable requirements of the U.S. and of the | ||||||
10 | import and transit countries and must maintain proper | ||||||
11 | business records documenting its compliance. No recycler | ||||||
12 | or refurbisher may establish or use intermediaries for the | ||||||
13 | purpose of circumventing these U.S. import and transit | ||||||
14 | country requirements. | ||||||
15 | (13) Recyclers and refurbishers that conduct | ||||||
16 | transactions involving the transboundary shipment of used | ||||||
17 | CEDs and EEDs shall use contracts (or the equivalent | ||||||
18 | commercial arrangements) made in advance that detail the | ||||||
19 | quantity and nature of the materials to be shipped. For the | ||||||
20 | export of materials to a foreign country (directly or | ||||||
21 | indirectly through downstream market contractors): (i) the | ||||||
22 | shipment of intact televisions and computer monitors | ||||||
23 | destined for reuse must include only whole products that | ||||||
24 | are tested and certified as being in working order or | ||||||
25 | requiring only minor repair (e.g. not requiring the | ||||||
26 | replacement of circuit boards or CRTs), must be destined |
| |||||||
| |||||||
1 | for reuse with respect to the original purpose, and the | ||||||
2 | recipient must have verified a market for the sale or | ||||||
3 | donation of such product for reuse; (ii) the shipments of | ||||||
4 | CEDs and EEDs for material recovery must be prepared in a | ||||||
5 | manner for recycling, including, without limitation, | ||||||
6 | smelting where metals will be recovered, plastics recovery | ||||||
7 | and glass-to-glass recycling; or (iii) the shipment of CEDs | ||||||
8 | and EEDs are being exported to companies or facilities that | ||||||
9 | are owned or controlled by the original equipment | ||||||
10 | manufacturer. | ||||||
11 | (14) Recyclers and refurbishers must maintain the | ||||||
12 | following export records for each shipment on file for a | ||||||
13 | minimum of 3 years: (i) the facility name and the address | ||||||
14 | to which shipment is exported; (ii) the shipment contents | ||||||
15 | and volumes; (iii) the intended use of contents by the | ||||||
16 | destination facility; (iv) any specification required by | ||||||
17 | the destination facility in relation to shipment contents; | ||||||
18 | (v) an assurance that all shipments for export, as | ||||||
19 | applicable to the CED manufacturer, are legal and satisfy | ||||||
20 | all applicable laws of the destination country. | ||||||
21 | (15) Recyclers and refurbishers must employ | ||||||
22 | industry-accepted procedures for the destruction or | ||||||
23 | sanitization of data on hard drives and other data storage | ||||||
24 | devices. Acceptable guidelines for the destruction or | ||||||
25 | sanitization of data are contained in the National | ||||||
26 | Institute of Standards and Technology's Guidelines for |
| |||||||
| |||||||
1 | Media Sanitation or those guidelines certified by the | ||||||
2 | National Association for Information Destruction; | ||||||
3 | (16) No recycler or refurbisher may employ prison labor | ||||||
4 | in any operation related to the collection, | ||||||
5 | transportation, recycling, and refurbishment of CEDs and | ||||||
6 | EEDs. No recycler or refurbisher may employ any third party | ||||||
7 | that uses or subcontracts for the use of prison labor.
| ||||||
8 | (Source: P.A. 96-1154, eff. 7-21-10; 97-287, eff. 8-10-11.)
| ||||||
9 | (415 ILCS 150/55)
| ||||||
10 | Sec. 55. Collector responsibilities. | ||||||
11 | (a) No later than January 1 of each program year, | ||||||
12 | collectors that collect or receive CEDs or EEDs for one or more | ||||||
13 | manufacturers, recyclers, or refurbishers shall register with | ||||||
14 | the Agency. Registration must be in the form and manner | ||||||
15 | required by the Agency and must include, without limitation, | ||||||
16 | the address of each location where CEDs or EEDs are received | ||||||
17 | and the identification of each location at which the collector | ||||||
18 | accepts CEDs or EEDs from a residence. Beginning January 1, | ||||||
19 | 2016, collectors shall work only with certified recyclers and | ||||||
20 | refurbishers as provided in subsection (c) of Section 50 of | ||||||
21 | this Act. | ||||||
22 | (b) Manufacturers, recyclers, refurbishers also acting as | ||||||
23 | collectors shall so indicate on their registration under | ||||||
24 | Section 30 or 50 and not register separately as collectors. | ||||||
25 | (c) No later than August 15, 2010, collectors must submit |
| |||||||
| |||||||
1 | to the Agency, on forms and in a format prescribed by the | ||||||
2 | Agency, a report for the period from January 1, 2010 through | ||||||
3 | June 30, 2010 that contains the following information: the | ||||||
4 | total weight of computers, the total weight of computer | ||||||
5 | monitors, the total weight of printers, the total weight of | ||||||
6 | televisions, and the total weight of EEDs collected or received | ||||||
7 | for each manufacturer. | ||||||
8 | (d) By January 31 of each program year, collectors must | ||||||
9 | submit to the Agency, on forms and in a format prescribed by | ||||||
10 | the Agency, a report that contains the following information | ||||||
11 | for the previous program year: | ||||||
12 | (1) The total weight of computers, the total weight of | ||||||
13 | computer monitors, the total weight of printers, facsimile | ||||||
14 | machines, and scanners, the total weight of televisions, | ||||||
15 | the total weight of the remaining CEDs collected, and the | ||||||
16 | total weight of EEDs collected or received for each | ||||||
17 | manufacturer during the previous program year. | ||||||
18 | (2) A list of each recycler and refurbisher that | ||||||
19 | received CEDs and EEDs from the collector and the total | ||||||
20 | weight each recycler and refurbisher received. | ||||||
21 | (3) The address of each collector's facility where the | ||||||
22 | CEDs and EEDs were collected or received. Each facility | ||||||
23 | address must include the county in which the facility is | ||||||
24 | located. | ||||||
25 | (e) Collectors may accept no more than 10 CEDs or EEDs at | ||||||
26 | one time from individual members of the public and, when |
| |||||||
| |||||||
1 | scheduling collection events, shall provide no fewer than 30 | ||||||
2 | days' notice to the county waste agency of those events.
| ||||||
3 | (f) No collector of CEDs and EEDs may recycle, or refurbish | ||||||
4 | for reuse or resale, CEDs or EEDs to a third party unless the | ||||||
5 | collector registers as a recycler or refurbisher pursuant to | ||||||
6 | Section 50 and pays the registration fee pursuant to Section | ||||||
7 | 50. | ||||||
8 | (Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.)
| ||||||
9 | (415 ILCS 150/80)
| ||||||
10 | Sec. 80. Penalties. | ||||||
11 | (a) Except as otherwise provided in this Act, any person | ||||||
12 | who violates any provision of this Act or fails to perform any | ||||||
13 | duty under this Act is liable for a civil penalty of $7,000 for | ||||||
14 | the violation and an additional civil penalty not to exceed | ||||||
15 | $1,000 for each day the violation continues. | ||||||
16 | (b) A manufacturer that is not registered with the Agency | ||||||
17 | as required under this Act, or that has not paid the | ||||||
18 | registration fee as required under this Act, is liable for a | ||||||
19 | civil penalty not to exceed $10,000 for the violation and an | ||||||
20 | additional civil penalty not to exceed $10,000 for each day the | ||||||
21 | violation continues. | ||||||
22 | (c) A manufacturer in violation of subsection (d) of | ||||||
23 | Section 30 of this Act in program year 2012 or thereafter is | ||||||
24 | liable for a civil penalty equal to the following: | ||||||
25 | (1) In program year 2012, if the total weight of CEDs |
| |||||||
| |||||||
1 | and EEDs recycled or processed for reuse by the | ||||||
2 | manufacturer is less than 50% of the manufacturer's | ||||||
3 | individual recycling or reuse goal set forth in subsection | ||||||
4 | (c) of Section 15 of this Act, the manufacturer shall pay a | ||||||
5 | penalty equal to the product of: (i) $0.70 per pound; | ||||||
6 | multiplied by (ii) the difference between the | ||||||
7 | manufacturer's individual recycling or reuse goal and the | ||||||
8 | total weight of CEDs and EEDs recycled or processed for | ||||||
9 | reuse by the manufacturer during the program year. | ||||||
10 | (2) In program year 2013, if the total weight of CEDs | ||||||
11 | and EEDs recycled or processed for reuse by the | ||||||
12 | manufacturer is less than 60% of the manufacturer's | ||||||
13 | individual recycling or reuse goal set forth in subsection | ||||||
14 | (c-5) of Section 15 of this Act, the manufacturer shall pay | ||||||
15 | a penalty equal to the product of: (i) $0.70 per pound; | ||||||
16 | multiplied by (ii) the difference between the | ||||||
17 | manufacturer's individual recycling or reuse goal and the | ||||||
18 | total weight of CEDs and EEDs recycled or processed for | ||||||
19 | reuse by the manufacturer during the program year. | ||||||
20 | (3) In program year 2014, and each year thereafter, if | ||||||
21 | the total weight of CEDs and EEDs recycled or processed for | ||||||
22 | reuse by the manufacturer is less than 70% of the | ||||||
23 | manufacturer's individual recycling or reuse goal set | ||||||
24 | forth in subsection (c-5) of Section 15 of this Act, the | ||||||
25 | manufacturer shall pay a penalty equal to the product of: | ||||||
26 | (i) $0.70 per pound; multiplied by (ii) the difference |
| |||||||
| |||||||
1 | between the manufacturer's individual recycling or reuse | ||||||
2 | goal and the total weight of CEDs and EEDs recycled or | ||||||
3 | processed for reuse by the manufacturer during the program | ||||||
4 | year. | ||||||
5 | (4) In program year 2015, and each year thereafter, if | ||||||
6 | the total weight of CEDs and EEDs recycled or processed for | ||||||
7 | reuse by the manufacturer is less than 100% of the | ||||||
8 | manufacturer's individual recycling or reuse goal set | ||||||
9 | forth in subsection (c-5) and (c-6) of Section 15 of this | ||||||
10 | Act, the manufacturer shall pay a penalty equal to the | ||||||
11 | following: | ||||||
12 | (i) Forty-five cents per pound for a manufacturer | ||||||
13 | if the weight of CEDs and EEDs recycled by or on behalf | ||||||
14 | of the manufacturer is less than 50% of the target | ||||||
15 | recycling weight. | ||||||
16 | (ii) Thirty-five cents per pound for a | ||||||
17 | manufacturer if the weight of CEDs and EEDs recycled by | ||||||
18 | or on behalf of the manufacturer is at least 50% but no | ||||||
19 | more than 90% of the target recycling weight. | ||||||
20 | All weight shall be measured by the difference between | ||||||
21 | the manufacturer's individual recycling or reuse goal and | ||||||
22 | the total weight of CEDs and EEDs recycled or processed for | ||||||
23 | reuse by the manufacturer during the program year. | ||||||
24 | (d) A manufacturer in violation of subsection (e), (h), | ||||||
25 | (i), (j), (k), (l), or (m) of Section 30 is liable for a civil | ||||||
26 | penalty not to exceed $5,000 for the violation. |
| |||||||
| |||||||
1 | (e) Any person in violation of Section 50 of this Act is | ||||||
2 | liable for a civil penalty not to exceed $5,000 for the | ||||||
3 | violation. | ||||||
4 | (f) A knowing violation of subsection (a), (b), or (c) of | ||||||
5 | Section 95 of this Act by anyone other than a residential | ||||||
6 | consumer is a petty offense punishable by a fine of $500. A | ||||||
7 | knowing violation of subsection (a), (b), or (c) of Section 95 | ||||||
8 | of this Act by a residential consumer is a petty offense | ||||||
9 | punishable by a fine of $25 for a first violation; however, a | ||||||
10 | subsequent violation by a residential consumer is a petty | ||||||
11 | offense punishable by a fine of $50. | ||||||
12 | (g) The penalties provided for in this Act may be recovered | ||||||
13 | in a civil action brought by the Attorney General in the name | ||||||
14 | of the People of the State of Illinois. Any moneys collected | ||||||
15 | under this Section in which the Attorney General has prevailed | ||||||
16 | may be deposited into the Electronic Recycling Fund, | ||||||
17 | established under this Act. | ||||||
18 | (h) The Attorney General, at the request of the Agency or | ||||||
19 | on his or her own motion, may institute a civil action for an | ||||||
20 | injunction, prohibitory or mandatory, to restrain violations | ||||||
21 | of this Act or to require such actions as may be necessary to | ||||||
22 | address violations of this Act. | ||||||
23 | (i) The penalties and injunctions provided in this Act are | ||||||
24 | in addition to any penalties, injunctions, or other relief | ||||||
25 | provided under any other law. Nothing in this Act bars a cause | ||||||
26 | of action by the State for any other penalty, injunction, or |
| |||||||
| |||||||
1 | relief provided by any other law. | ||||||
2 | (j) A fine imposed by administrative citation pursuant to | ||||||
3 | subsection (k) of Section 20 shall be limited to $1,000. | ||||||
4 | Administrative citations may be used to enforce violations of | ||||||
5 | the landfill ban subject to fines set forth in subsection (f) | ||||||
6 | of this Section.
| ||||||
7 | (Source: P.A. 97-287, eff. 8-10-11.)
| ||||||
8 | (415 ILCS 150/82 new) | ||||||
9 | Sec. 82. Credits. In program years 2015 and 2016, to | ||||||
10 | encourage manufacturers to recycle or reuse more CEDs or EEDs | ||||||
11 | than their target weight, a manufacturer shall earn recycling | ||||||
12 | credits equal to 25% of weight the manufacturer collects over | ||||||
13 | its recycling target for the year. Manufacturers may use | ||||||
14 | credits to help meet their recycling target in the following | ||||||
15 | program year, or may sell credits to another manufacturer for | ||||||
16 | use in the next program year. A manufacturer may not use more | ||||||
17 | than 25% of its earned credits to fulfill its target in any | ||||||
18 | program year. Manufacturers will report to the Agency by April | ||||||
19 | 1 the amount of credits earned in the previous program year and | ||||||
20 | the amount of credits applied, sold or bought during the | ||||||
21 | previous program year.
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
|