Bill Text: IL SB0679 | 2015-2016 | 99th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Mercury Thermostat Collection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2015-07-23 - Public Act . . . . . . . . . 99-0122 [SB0679 Detail]
Download: Illinois-2015-SB0679-Engrossed.html
Bill Title: Amends the Mercury Thermostat Collection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2015-07-23 - Public Act . . . . . . . . . 99-0122 [SB0679 Detail]
Download: Illinois-2015-SB0679-Engrossed.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Mercury Thermostat Collection Act is amended | ||||||
5 | by changing Sections 5, 10, 15, 20, 25, 30, and 40 as follows:
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6 | (415 ILCS 98/5) | ||||||
7 | (Section scheduled to be repealed on January 1, 2021)
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8 | Sec. 5. Legislative findings. The General Assembly finds | ||||||
9 | that: | ||||||
10 | (1) many older thermostats used to activate heating and | ||||||
11 | cooling equipment contain mercury as part of a tilt switch | ||||||
12 | component in the thermostat; | ||||||
13 | (2) the total amount of mercury used in each of those | ||||||
14 | thermostats averages about 4 grams; | ||||||
15 | (3) millions of mercury-containing thermostats are still | ||||||
16 | in use in homes and businesses in the United States; | ||||||
17 | (4) mercury in those thermostats poses a risk to human | ||||||
18 | health and the environment if those thermostats are not | ||||||
19 | properly managed at the end of their useful life;
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20 | (5) the major thermostat manufacturers have established a | ||||||
21 | voluntary program to facilitate the collection and proper | ||||||
22 | management of mercury thermostats taken out of service;
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23 | (6) the annual average of mercury-containing thermostats |
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1 | collected for recycling in Illinois under the existing | ||||||
2 | voluntary collection program from 2006 to 2008 was 4,433;
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3 | (7) thousands of mercury-containing thermostats are taken | ||||||
4 | out of service annually in the State;
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5 | (8) it is in the public interest to achieve a significant | ||||||
6 | increase in the collection and proper management of mercury | ||||||
7 | thermostats taken out of service in the State ; .
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8 | (9) the manufacturers' program collects whole, intact | ||||||
9 | mercury thermostats and warns against including loose mercury | ||||||
10 | ampoules in collection bins, but participants frequently | ||||||
11 | include loose mercury ampoules in collection bins. | ||||||
12 | (Source: P.A. 96-1295, eff. 7-26-10.)
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13 | (415 ILCS 98/10) | ||||||
14 | (Section scheduled to be repealed on January 1, 2021)
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15 | Sec. 10. Definitions. | ||||||
16 | "Agency" means the Illinois Environmental Protection | ||||||
17 | Agency. | ||||||
18 | "Board" means the Illinois Pollution Control Board. | ||||||
19 | "Collection program" means a system for the collection, | ||||||
20 | transportation, recycling, and disposal of out-of-service | ||||||
21 | mercury thermostats that is financed and managed or provided by | ||||||
22 | a thermostat manufacturer individually or collectively with | ||||||
23 | other thermostat manufacturers in accordance with this Act. | ||||||
24 | "Contractor" means a person engaged in the business of | ||||||
25 | installation, service, or removal of heating, ventilation, and |
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1 | air-conditioning components. | ||||||
2 | "Loose mercury ampoule" means an enclosed glass vessel that | ||||||
3 | contains liquid mercury and has been removed intact from a | ||||||
4 | mercury thermostat. | ||||||
5 | "Mercury thermostat" means a thermostat that meets the | ||||||
6 | definition of a "mercury thermostat" under subsection (f) of | ||||||
7 | Section 22.23b of the Environmental Protection Act. | ||||||
8 | "Out-of-service mercury thermostat" means a mercury | ||||||
9 | thermostat that is removed, replaced, or otherwise taken out of | ||||||
10 | service. | ||||||
11 | "Person" means any individual, partnership, | ||||||
12 | co-partnership, firm, company, limited liability company, | ||||||
13 | corporation, association, joint stock company, trust, estate, | ||||||
14 | political subdivision, State agency, or any other legal entity, | ||||||
15 | or its legal representatives, agents, or assigns. | ||||||
16 | "Qualified contractor" means a person engaged in the | ||||||
17 | business of installation, service, or removal of heating, | ||||||
18 | ventilation, and air-conditioning components who employs 7 or | ||||||
19 | more service technicians or installers or who is located in an | ||||||
20 | area outside of an urban area, as defined by the United States | ||||||
21 | Bureau of the Census. | ||||||
22 | "Qualified local government authorities" means household | ||||||
23 | hazardous waste facilities, solid waste management agencies, | ||||||
24 | environmental management agencies, or departments of public | ||||||
25 | health. | ||||||
26 | "Thermostat manufacturer" means a person who owns or owned |
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1 | a name brand of one or more mercury thermostats sold in the | ||||||
2 | State. | ||||||
3 | "Thermostat retailer" means a person who sells thermostats | ||||||
4 | of any kind primarily to homeowners or other nonprofessionals | ||||||
5 | through any sale or distribution mechanism, including, but not | ||||||
6 | limited to, sales using the Internet or catalogs. A thermostat | ||||||
7 | retailer that meets the definition of thermostat wholesaler | ||||||
8 | shall be considered a thermostat wholesaler. | ||||||
9 | "Thermostat wholesaler" means a person who is engaged in | ||||||
10 | the distribution and wholesale selling of heating, | ||||||
11 | ventilation, and air-conditioning components, including, but | ||||||
12 | not limited to, thermostats, to contractors, and whose total | ||||||
13 | wholesale sales account for 80% or more of its total sales. A | ||||||
14 | thermostat manufacturer, as defined in this Section, is not a | ||||||
15 | thermostat wholesaler.
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16 | (Source: P.A. 96-1295, eff. 7-26-10.)
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17 | (415 ILCS 98/15) | ||||||
18 | (Section scheduled to be repealed on January 1, 2021)
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19 | Sec. 15. Mercury thermostat collection programs. | ||||||
20 | (a) Each thermostat manufacturer shall, individually or | ||||||
21 | collectively with other thermostat manufacturers, establish | ||||||
22 | and maintain a collection program for the collection, | ||||||
23 | transportation, and proper management of out-of-service | ||||||
24 | mercury thermostats and loose mercury ampoules in accordance | ||||||
25 | with the provisions of this Act.
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1 | (b) Each thermostat manufacturer shall, individually or | ||||||
2 | collectively with other thermostat manufacturers through a | ||||||
3 | collection program, do the following:
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4 | (1) Compile On and after January 1, 2011, compile a | ||||||
5 | list of thermostat wholesalers in the State and offer each | ||||||
6 | thermostat wholesaler containers for the collection of | ||||||
7 | out-of-service mercury thermostats.
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8 | (2) Make On and after January 1, 2011, make collection | ||||||
9 | containers available to all qualified contractors, | ||||||
10 | thermostat wholesalers, thermostat retailers, and | ||||||
11 | qualified local government authorities in this State that | ||||||
12 | request a container. Each thermostat manufacturer shall | ||||||
13 | with each container include information regarding the | ||||||
14 | proper management of out-of-service mercury thermostats | ||||||
15 | and loose mercury ampoules as universal waste in accordance | ||||||
16 | with the collection program and Board's rules.
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17 | (3) Establish a system to collect, transport, and | ||||||
18 | properly manage out-of-service mercury thermostats and | ||||||
19 | loose mercury ampoules from all collection sites | ||||||
20 | established under this Section. | ||||||
21 | (4) Not include any fees or other charges to persons | ||||||
22 | participating in the program, except that each thermostat | ||||||
23 | wholesaler, qualified contractor, qualified local | ||||||
24 | government authority, or thermostat retailer that is | ||||||
25 | provided with one or more collection containers may be | ||||||
26 | charged a one-time program administration fee not to exceed |
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1 | $75 per collection container.
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2 | (5) From January 1, 2011, through December 31, 2013, | ||||||
3 | conduct education and outreach efforts, including, but not | ||||||
4 | limited to the following:
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5 | (A) create a public service announcement promoting | ||||||
6 | collection and proper management of out-of-service | ||||||
7 | mercury thermostats, copies of which shall be provided | ||||||
8 | to the Agency;
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9 | (B) establish and maintain a publicly accessible | ||||||
10 | website for the dissemination of educational materials | ||||||
11 | to promote the collection of out-of-service mercury | ||||||
12 | thermostats. This website shall include templates of | ||||||
13 | the educational materials on the Internet website in a | ||||||
14 | form and format that can be easily downloaded and | ||||||
15 | printed. The link to this website shall be provided to | ||||||
16 | the Agency;
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17 | (C) contact thermostat wholesalers at least once a | ||||||
18 | year to encourage their support and participation in | ||||||
19 | educating their customers on the importance of and | ||||||
20 | statutory requirements for the collection and proper | ||||||
21 | management of out-of-service mercury thermostats;
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22 | (D) develop and implement strategies to encourage | ||||||
23 | participating thermostat retailers to educate their | ||||||
24 | customers on the importance of and opportunities for | ||||||
25 | collecting and recycling out-of-service mercury | ||||||
26 | thermostats;
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1 | (E) create and maintain a web-based program that | ||||||
2 | allows contractors and consumers to identify | ||||||
3 | collection sites for out-of-service mercury | ||||||
4 | thermostats by zip code in the State;
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5 | (F) prepare and mail to contractor associations a | ||||||
6 | postcard or other notice that provides information on | ||||||
7 | the collection program for out-of-service mercury | ||||||
8 | thermostats; and
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9 | (G) develop informational articles, press | ||||||
10 | releases, and news stories pertaining to the | ||||||
11 | importance of and opportunities for collecting and | ||||||
12 | recycling out-of-service mercury thermostats and | ||||||
13 | distribute those materials to trade publications, | ||||||
14 | local media, and stakeholder groups.
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15 | (6) Develop On or before January 1, 2011, develop and | ||||||
16 | update as necessary educational and other outreach | ||||||
17 | materials for distribution to contractors, contractor | ||||||
18 | associations, and consumers. Those materials shall be made | ||||||
19 | available for use by participating thermostat wholesalers, | ||||||
20 | thermostat retailers, contractors, and qualified local | ||||||
21 | government authorities. The materials shall include, but | ||||||
22 | not be limited to, the following: | ||||||
23 | (A) signage, such as posters and cling signage, | ||||||
24 | that can be prominently displayed to promote the | ||||||
25 | collection of out-of-service mercury thermostats to | ||||||
26 | contractors and consumers; and
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1 | (B) written materials or templates of materials | ||||||
2 | for reproduction by thermostat wholesalers and | ||||||
3 | thermostat retailers to be provided to customers at the | ||||||
4 | time of purchase or delivery of a thermostat. The | ||||||
5 | materials shall include, but not be limited to, | ||||||
6 | information on the importance of properly managing | ||||||
7 | out-of-service mercury thermostats and opportunities | ||||||
8 | for the collection of those thermostats.
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9 | (7) Provide an opportunity for the Agency and other | ||||||
10 | interested stakeholders to offer feedback and suggestions | ||||||
11 | on the collection program. | ||||||
12 | (c) If the collection programs do not collectively achieve | ||||||
13 | the collection goals provided for in Section 25 of this Act for | ||||||
14 | calendar year 2013, 2015 or 2017, thermostat manufacturers | ||||||
15 | shall, individually or collectively, submit to the Agency for | ||||||
16 | review and approval proposed revisions to the collection | ||||||
17 | programs that are designed to achieve the goals in subsequent | ||||||
18 | calendar years. The proposed revisions shall be submitted to | ||||||
19 | the Agency with the annual report required in Section 20 of | ||||||
20 | this Act. | ||||||
21 | (d) Within 90 days after receipt of the proposed collection | ||||||
22 | program revisions required under subsection (c) of this | ||||||
23 | Section, the Agency shall review and (i) approve, (ii) | ||||||
24 | disapprove, or (iii) approve with modifications the proposed | ||||||
25 | collection program revisions. | ||||||
26 | (1) The Agency shall approve proposed revisions if the |
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1 | Agency determines that the revised collection programs | ||||||
2 | will collectively achieve the collection goals set forth in | ||||||
3 | Section 25 of this Act.
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4 | (2) If the Agency determines the revised collection | ||||||
5 | programs will not collectively achieve the collection | ||||||
6 | goals set forth in Section 25 of this Act, the Agency may | ||||||
7 | require modifications to one or more collection programs | ||||||
8 | that the Agency determines are necessary to achieve the | ||||||
9 | collection goals. Modifications required by the Agency may | ||||||
10 | include improvements to outreach and education conducted | ||||||
11 | under the collection program, expansion of the number and | ||||||
12 | location of collection sites established under the | ||||||
13 | program, modification of the roles of participants, and a | ||||||
14 | $5 financial incentive in the form of either cash or a | ||||||
15 | coupon offered by the manufacturer to contractors and | ||||||
16 | consumers for each out-of-service mercury thermostat | ||||||
17 | returned to a collection site.
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18 | (3) Prior to issuing any decision under this subsection | ||||||
19 | (d) the Agency shall consult with thermostat manufacturers | ||||||
20 | and other interested groups.
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21 | (4) Thermostat manufacturers shall begin the process | ||||||
22 | to implement collection program revisions approved by the | ||||||
23 | Agency, with or without modifications, within 90 days after | ||||||
24 | approval.
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25 | (5) If the program revisions are disapproved, the | ||||||
26 | Agency shall notify the thermostat manufacturers in |
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1 | writing as to the reasons for the disapproval. The | ||||||
2 | thermostat manufacturers shall have 35 days to submit a new | ||||||
3 | collection program revision.
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4 | (6) Any action by the Agency to disapprove or modify | ||||||
5 | proposed collection program revisions under this | ||||||
6 | subsection (d) shall be subject to appeal to the Board in | ||||||
7 | the same manner as provided for a permit decision under | ||||||
8 | Section 40 of the Environmental Protection Act.
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9 | (Source: P.A. 96-1295, eff. 7-26-10.)
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10 | (415 ILCS 98/20) | ||||||
11 | (Section scheduled to be repealed on January 1, 2021)
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12 | Sec. 20. Reporting on collection efforts. | ||||||
13 | (a) No later than September 1, 2011, and no later than | ||||||
14 | September 1 of each year thereafter , each thermostat | ||||||
15 | manufacturer shall, individually or collectively with other | ||||||
16 | thermostat manufacturers, submit a mid-term report on its | ||||||
17 | collection program to the Agency covering the six-month period | ||||||
18 | beginning on January 1st of the year in which the report is | ||||||
19 | due. The mid-term report shall identify the number of | ||||||
20 | out-of-service mercury thermostats and the number of loose | ||||||
21 | mercury ampoules collected under the program and a listing of | ||||||
22 | all collection sites in the State.
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23 | (b) No later than April 1, 2012, and no later than April 1 | ||||||
24 | of each year thereafter , each thermostat manufacturer shall, | ||||||
25 | individually or collectively with other thermostat |
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1 | manufacturers, submit an annual report on its collection | ||||||
2 | program to the Agency covering the one-year period ending | ||||||
3 | December 31st of the previous year. Each report shall be posted | ||||||
4 | on the manufacturer's or program operator's respective | ||||||
5 | internet website. The annual report shall include, but not be | ||||||
6 | limited to, the following:
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7 | (1) the number of out-of-service mercury thermostats | ||||||
8 | collected and managed under this Act during the previous | ||||||
9 | calendar year;
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10 | (1.1) for the annual report due on April 1, 2016, and | ||||||
11 | for each annual report due thereafter, the number of loose | ||||||
12 | mercury ampoules collected and managed under this Act | ||||||
13 | during the previous calendar year; | ||||||
14 | (2) the estimated total amount of mercury contained in | ||||||
15 | the out-of-service mercury thermostats collected under | ||||||
16 | this Act during the previous calendar year;
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17 | (2.1) for the annual report due on April 1, 2016, and | ||||||
18 | for each annual report due thereafter, the estimated total | ||||||
19 | amount of mercury contained in the loose mercury ampoules | ||||||
20 | collected under this Act during the previous calendar year; | ||||||
21 | (3) an evaluation of the effectiveness of the | ||||||
22 | collection program;
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23 | (4) a list of all thermostat wholesalers, contractors, | ||||||
24 | qualified local government authorities, and thermostat | ||||||
25 | retailers participating in the program as mercury | ||||||
26 | thermostat collection sites and the number of |
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1 | out-of-service mercury thermostats returned by each;
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2 | (5) an accounting of the program's administrative | ||||||
3 | costs;
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4 | (6) a description of outreach strategies employed | ||||||
5 | under item (5) of subsection (b) of Section 15 of this Act;
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6 | (7) examples of outreach and educational materials | ||||||
7 | used under item (6) of subsection (b) of Section 15 of this | ||||||
8 | Act;
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9 | (8) the Internet website address or addresses where the | ||||||
10 | annual report may be viewed online;
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11 | (9) a description of how the out-of-service mercury | ||||||
12 | thermostats and loose mercury ampoules were managed;
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13 | (10) any modifications that the thermostat | ||||||
14 | manufacturer has made or is planning to make in its | ||||||
15 | collection program; and
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16 | (11) the identification of a collection program | ||||||
17 | contact and the business phone number, mailing address, and | ||||||
18 | e-mail address for the contact.
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19 | (Source: P.A. 96-1295, eff. 7-26-10.)
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20 | (415 ILCS 98/25) | ||||||
21 | (Section scheduled to be repealed on January 1, 2021)
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22 | Sec. 25. Collection goals. The collection programs | ||||||
23 | established by thermostat manufacturers under this Act shall be | ||||||
24 | designed to collectively achieve the following statewide | ||||||
25 | goals: |
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1 | (a) For calendar year 2011, the collection of least 5,000 | ||||||
2 | mercury thermostats taken out of service in the State during | ||||||
3 | the calendar year.
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4 | (b) For calendar years 2012, 2013, and 2014, the collection | ||||||
5 | of at least 15,000 mercury thermostats taken out of service in | ||||||
6 | the State during each calendar year.
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7 | (c) For calendar years 2015 through 2020, the collection | ||||||
8 | goals shall be established by the Agency. The Agency shall | ||||||
9 | establish collection goals no later than November 1, 2014. The | ||||||
10 | collection goals established by the Agency shall maximize the | ||||||
11 | annual collection of out-of-service mercury thermostats in the | ||||||
12 | State. In developing the collection goals, the Agency shall | ||||||
13 | take into account, at a minimum, (i) the effectiveness of | ||||||
14 | collection programs for out-of-service mercury thermostats in | ||||||
15 | the State and other states, including education and outreach | ||||||
16 | efforts, (ii) collection requirements in other states, (iii) | ||||||
17 | any reports or studies on the number of out-of-service mercury | ||||||
18 | thermostats that are available for collection in this State, | ||||||
19 | other states, and nationally, and (iv) other factors. Prior to | ||||||
20 | establishing the collection goals, the Agency shall consult | ||||||
21 | with stakeholder groups that include, at a minimum, | ||||||
22 | representatives of thermostat manufacturers, environmental | ||||||
23 | groups, thermostat wholesalers, contractors, and thermostat | ||||||
24 | retailers. | ||||||
25 | (d) The collection goals established by the Agency under | ||||||
26 | subsection (c) of this Section are statements of general |
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1 | applicability under Section 1-70 of the Illinois | ||||||
2 | Administrative Procedure Act and shall be adopted in accordance | ||||||
3 | with the procedures of that Act. Any person adversely affected | ||||||
4 | by a goal established by the Agency under subsection (c) of | ||||||
5 | this Section may obtain a determination of the validity or | ||||||
6 | application of the goal by filing a petition for review within | ||||||
7 | 35 days after the date the adopted goal is published in the | ||||||
8 | Illinois Register pursuant to subsection (d) of Section 40 of | ||||||
9 | the Illinois Administrative Procedure Act. Review shall be | ||||||
10 | afforded directly in the Appellate Court for the District in | ||||||
11 | which the cause of action arose and not the Circuit Court. | ||||||
12 | During the pendency of the review, the goal under review shall | ||||||
13 | remain in effect.
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14 | (e) For the purposes of determining compliance with the | ||||||
15 | collection goals established under this Section, for calendar | ||||||
16 | year 2015 and for each calendar year thereafter, the number of | ||||||
17 | out-of-service mercury thermostats represented by loose | ||||||
18 | ampoules shall be calculated: | ||||||
19 | (1) using a conversion factor such that each loose | ||||||
20 | mercury ampoule collected shall be deemed the equivalent of | ||||||
21 | 0.85 mercury thermostats; or | ||||||
22 | (2) using an alternative conversion factor determined | ||||||
23 | by the manufacturer or group of manufacturers. | ||||||
24 | A manufacturer or group of manufacturers shall include data | ||||||
25 | and calculations to support its use of an alternative | ||||||
26 | conversion factor. |
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1 | (Source: P.A. 96-1295, eff. 7-26-10; 97-333, eff. 8-12-11.)
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2 | (415 ILCS 98/30) | ||||||
3 | (Section scheduled to be repealed on January 1, 2021)
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4 | Sec. 30. Management of out-of-service mercury thermostats | ||||||
5 | and loose mercury ampoules . All contractors, thermostat | ||||||
6 | wholesalers, thermostat manufacturers, and thermostat | ||||||
7 | retailers participating in the program shall handle and manage | ||||||
8 | the out-of-service mercury thermostats and loose mercury | ||||||
9 | ampoules in a manner that is consistent with the provisions of | ||||||
10 | the universal waste regulations adopted by the Board.
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11 | (Source: P.A. 96-1295, eff. 7-26-10.)
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12 | (415 ILCS 98/40) | ||||||
13 | (Section scheduled to be repealed on January 1, 2021)
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14 | Sec. 40. Agency responsibilities. | ||||||
15 | (a) The No later than June 1, 2011, the Agency shall | ||||||
16 | maintain on its website information regarding the collection | ||||||
17 | and proper management of out-of-service mercury thermostats | ||||||
18 | and loose mercury ampoules in the State. The information shall | ||||||
19 | include, but is not limited to, the following: | ||||||
20 | (1) a description of the collection programs | ||||||
21 | established under this Act;
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22 | (2) a report on the progress towards achieving the | ||||||
23 | statewide collection goals set forth in Section 25 of this | ||||||
24 | Act; and
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1 | (3) a list of all thermostat wholesalers, contractors, | ||||||
2 | qualified local government authorities, and thermostat | ||||||
3 | retailers participating in the program as collection | ||||||
4 | sites.
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5 | (b) No later than November 1, 2019, the Agency shall submit | ||||||
6 | a written report to the Governor and General Assembly regarding | ||||||
7 | the effectiveness of the collection programs established under | ||||||
8 | this Act, information on the number of out-of-service | ||||||
9 | thermostats and loose mercury ampoules collected, how the | ||||||
10 | out-of-service thermostats and loose mercury ampoules were | ||||||
11 | managed, and an estimate of the number of thermostats that are | ||||||
12 | available for collection. The Agency shall use this information | ||||||
13 | to recommend whether the sunset date specified in Section 55 | ||||||
14 | for this Act should be extended, along with any other statutory | ||||||
15 | changes. In preparing the report, the Agency shall consult with | ||||||
16 | mercury thermostat manufacturers, environmental organizations, | ||||||
17 | and other interest groups.
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18 | (c) In conjunction with the educational and outreach | ||||||
19 | programs implemented by the thermostat manufacturers under | ||||||
20 | this Act, the Agency shall conduct outreach to promote the | ||||||
21 | collection and proper management of out-of-service mercury | ||||||
22 | thermostats and loose mercury ampoules .
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23 | (Source: P.A. 96-1295, eff. 7-26-10.)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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