Bill Text: IL SB1417 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Electronic Products Recycling and Reuse Act. Provides that a retailer may collect a fee for each covered electronic device or eligible electronic device collected. Provides that municipalities, townships, and other units of local government that are acting as collectors may collect a fee for each covered electronic device or eligible electronic device collected. Removes provisions providing that individual consumers shall not be charged a fee for bringing covered electronic devices or eligible electronic devices to collection sites. Provides that a retailer shall be considered to have complied with specified provisions prohibiting the sale of computers, computer monitors, printers, or televisions if certain conditions are met. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0433 [SB1417 Detail]

Download: Illinois-2017-SB1417-Chaptered.html



Public Act 100-0433
SB1417 EnrolledLRB100 09551 MJP 19717 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1. CONSUMER ELECTRONICS RECYCLING ACT
Section 1-1. Short title. This Act may be cited as the
Consumer Electronics Recycling Act. References in this Article
to "this Act" mean this Article.
Section 1-5. Definitions. As used in this Act:
"Agency" means the Illinois Environmental Protection
Agency.
"Best practices" means standards for collecting and
preparing items for shipment and recycling. "Best practices"
may include standards for packaging for transport, load size,
acceptable load contamination levels, non-CED items included
in a load, and other standards as determined under Section 1-85
of this Act. "Best practices" shall consider the desired intent
to preserve existing collection programs and relationships
when possible.
"Collector" means a person who collects residential CEDs at
any program collection site or one-day collection event and
prepares them for transport.
"Computer", often referred to as a "personal computer" or
"PC", means a desktop or notebook computer as further defined
below and used only in a residence, but does not mean an
automated typewriter, electronic printer, mobile telephone,
portable hand-held calculator, portable digital assistant
(PDA), MP3 player, or other similar device. "Computer" does not
include computer peripherals, commonly known as cables, mouse,
or keyboard. "Computer" is further defined as either:
(1) "Desktop computer", which means an electronic,
magnetic, optical, electrochemical, or other high-speed
data processing device performing logical, arithmetic, or
storage functions for general purpose needs that are met
through interaction with a number of software programs
contained therein, and that is not designed to exclusively
perform a specific type of logical, arithmetic, or storage
function or other limited or specialized application.
Human interface with a desktop computer is achieved through
a stand-alone keyboard, stand-alone monitor, or other
display unit, and a stand-alone mouse or other pointing
device, and is designed for a single user. A desktop
computer has a main unit that is intended to be
persistently located in a single location, often on a desk
or on the floor. A desktop computer is not designed for
portability and generally utilizes an external monitor,
keyboard, and mouse with an external or internal power
supply for a power source. Desktop computer does not
include an automated typewriter or typesetter; or
(2) "Notebook computer", which means an electronic,
magnetic, optical, electrochemical, or other high-speed
data processing device performing logical, arithmetic, or
storage functions for general purpose needs that are met
through interaction with a number of software programs
contained therein, and that is not designed to exclusively
perform a specific type of logical, arithmetic, or storage
function or other limited or specialized application.
Human interface with a notebook computer is achieved
through a keyboard, video display greater than 4 inches in
size, and mouse or other pointing device, all of which are
contained within the construction of the unit that
comprises the notebook computer; supplemental stand-alone
interface devices typically can also be attached to the
notebook computer. Notebook computers can use external,
internal, or batteries for a power source. Notebook
computer does not include a portable hand-held calculator,
or a portable digital assistant or similar specialized
device. A notebook computer has an incorporated video
display greater than 4 inches in size and can be carried as
one unit by an individual. A notebook computer is sometimes
referred to as a laptop computer.
(3) "Tablet computer", which means an electronic,
magnetic, optical, electrochemical, or other high-speed
data processing device performing logical, arithmetic, or
storage functions for general purpose needs that are met
through interaction with a number of software programs
contained therein, and that is not designed to exclusively
perform a specific type of logical, arithmetic, or storage
function or other limited or specialized application.
Human interface with a tablet computer is achieved through
a touch screen and video display screen greater than 6
inches in size (all of which are contained within the unit
that comprises the tablet computer). Tablet computers may
use an external or internal power source. "Tablet computer"
does not include a portable hand-held calculator, a
portable digital assistant, or a similar specialized
device.
"Computer monitor" means an electronic device that is a
cathode-ray tube or flat panel display primarily intended to
display information from a computer and is used only in a
residence.
"County collection site" means a collection site owned or
operated by a county or operated by a third party on behalf of
a county.
"County recycling coordinator" means the individual who is
designated as the recycling coordinator for a county in a waste
management plan developed pursuant to the Solid Waste Planning
and Recycling Act.
"Covered electronic device" or "CED" means any computer,
computer monitor, television, printer, electronic keyboard,
facsimile machine, videocassette recorder, portable digital
music player that has memory capability and is battery powered,
digital video disc player, video game console, electronic
mouse, scanner, digital converter box, cable receiver,
satellite receiver, digital video disc recorder, or
small-scale server sold at retail and taken out of service from
a residence in this State. "Covered electronic device" does not
include any of the following:
(1) an electronic device that is a part of a motor
vehicle or any component part of a motor vehicle assembled
by or for a vehicle manufacturer or franchised dealer,
including replacement parts for use in a motor vehicle;
(2) an electronic device that is functionally or
physically part of a larger piece of equipment or that is
taken out of service from an industrial, commercial
(including retail), library checkout, traffic control,
kiosk, security (other than household security),
governmental, agricultural, or medical setting, including
but not limited to diagnostic, monitoring, or control
equipment; or
(3) an electronic device that is contained within a
clothes washer, clothes dryer, refrigerator, refrigerator
and freezer, microwave oven, conventional oven or range,
dishwasher, room air conditioner, dehumidifier, water
pump, sump pump, or air purifier. To the extent allowed
under federal and State laws and regulations, a CED that is
being collected, recycled, or processed for reuse is not
considered to be hazardous waste, household waste, solid
waste, or special waste.
"Manufacturer" means a person, or a successor in interest
to a person, under whose brand or label a CED is or was sold at
retail. For any CED sold at retail under a brand or label that
is licensed from a person who is a mere brand owner and who
does not sell or produce a CED, the person who produced the CED
or his or her successor in interest is the manufacturer. For
any CED sold at retail under the brand or label of both the
retail seller and the person that produced the CED, the person
that produced the CED, or his or her successor in interest, is
the manufacturer.
"Manufacturer clearinghouse" means a group of 2 or more
manufacturers, representing at least 50% of the manufacturers'
total obligations under this Act for a program year, that are
cooperating with one another to collectively establish and
operate an e-waste program for the purpose of complying with
this Act.
"Manufacturer e-waste program" means any program
established, financed, and operated by a manufacturer,
individually or as part of a manufacturer clearinghouse, to
transport and subsequently recycle, in accordance with the
requirements of this Act, residential CEDs collected at program
collection sites and one-day collection events in accordance
with best practices.
"Municipal joint action agency" means a municipal joint
action agency created under Section 3.2 of the
Intergovernmental Cooperation Act.
"One-day collection event" means a one-day event used as a
substitute for a program collection site pursuant to Section
1-15 of this Act.
"Person" means an individual, partnership, co-partnership,
firm, company, limited liability company, corporation,
association, joint stock company, trust, estate, political
subdivision, State agency, or any other legal entity; or a
legal representative, agent, or assign of that entity. "Person"
includes a unit of local government.
"Printer" means desktop printers, multifunction printer
copiers, and printer/fax combinations taken out of service from
a residence that are designed to reside on a work surface, and
include various print technologies, including without
limitation laser and LED (electrographic), ink jet, dot matrix,
thermal, and digital sublimation, and "multi-function" or
"all-in-one" devices that perform different tasks, including
without limitation copying, scanning, faxing, and printing.
Printers do not include floor-standing printers, printers with
optional floor stand, point of sale (POS) receipt printers,
household printers such as a calculator with printing
capabilities or label makers, or non-stand-alone printers that
are embedded into products that are not CEDs.
"Program collection site" means a physical location that is
included in a manufacturer e-waste program and at which
residential CEDs are collected and prepared for transport by a
collector during a program year in accordance with the
requirements of this Act. Except as otherwise provided in this
Act, "program collection" site does not include a retail
collection site.
"Program year" means a calendar year. The first program
year is 2019.
"Recycler" means any person who transports or subsequently
recycles residential CEDs that have been collected and prepared
for transport by a collector at any program collection site or
one-day collection event.
"Recycling" has the meaning provided under Section 3.380 of
the Environmental Protection Act. "Recycling" includes any
process by which residential CEDs that would otherwise be
disposed of or discarded are collected, separated, or processed
and returned to the economic mainstream in the form of raw
materials or products.
"Residence" means a dwelling place or home in which one or
more individuals live.
"Residential covered electronic device" or "residential
CED" means any covered electronic device taken out of service
from a residence in the State.
"Retail collection site" means a private sector collection
site operated by a retailer collecting on behalf of a
manufacturer.
"Retailer" means a person who first sells, through a sales
outlet, catalogue, or the Internet, a covered electronic device
at retail to an individual for residential use or any permanent
establishment primarily where merchandise is displayed, held,
stored, or offered for sale to the public.
"Sale" means any retail transfer of title for consideration
of title including, but not limited to, transactions conducted
through sales outlets, catalogs, or the Internet or any other
similar electronic means. "Sale" does not include financing or
leasing.
"Small-scale server" means a computer that typically uses
desktop components in a desktop form designed primarily to
serve as a storage host for other computers. To be considered a
small-scale server, a computer must: be designed in a pedestal,
tower, or other form that is similar to that of a desktop
computer so that all data processing, storage, and network
interfacing is contained within one box or product; be designed
to be operational 24 hours per day and 7 days per week; have
very little unscheduled downtime, such as on the order of hours
per year; be capable of operating in a simultaneous multi-user
environment serving several users through networked client
units; and be designed for an industry-accepted operating
system for home or low-end server applications.
"Television" means an electronic device (i) containing a
cathode-ray tube or flat panel screen the size of which is
greater than 4 inches when measured diagonally, (ii) that is
intended to receive video programming via broadcast, cable, or
satellite transmission or to receive video from surveillance or
other similar cameras, and (iii) that is used only in a
residence.
Section 1-10. Manufacturer e-waste program.
(a) For program year 2019 and each program year thereafter,
each manufacturer shall, individually or as part of a
manufacturer clearinghouse, provide a manufacturer e-waste
program to transport and subsequently recycle, in accordance
with the requirements of this Act, residential CEDs collected
at, and prepared for transport from, the program collection
sites and one-day collection events included in the program
during the program year.
(b) Each manufacturer e-waste program must include, at a
minimum, the following:
(1) satisfaction of the convenience standard described
in Section 1-15 of this Act;
(2) instructions for designated county recycling
coordinators and municipal joint action agencies to
annually file notice to participate in the program;
(3) transportation and subsequent recycling of the
residential CEDs collected at, and prepared for transport
from, the program collection sites and one-day collection
events included in the program during the program year; and
(4) submission of a report to the Agency, by January
31, 2020, and each January 31 thereafter, which includes:
(A) the total weight of all residential CEDs
transported from program collection sites and one-day
collection events throughout the State during the
preceding program year by CED category;
(B) the total weight of residential CEDs
transported from all program collection sites and
one-day collection events in each county in the State
during the preceding program year by CED category; and
(C) the total weight of residential CEDs
transported from all program collection sites and
one-day collection events in each county in the State
during that preceding program year and that was
recycled.
(c) The Agency shall make the instructions required under
paragraph (2) of subsection (b) available on the Agency's
website by December 1, 2017.
Section 1-15. Convenience standard for program collection
sites and one-day collection events.
(a) Beginning in 2019 each manufacturer e-waste program for
a program year must include, at a minimum, program collection
sites in the following quantities in counties that elect to
participate in the manufacturer e-waste program for the program
year:
(1) one program collection site in each county that has
elected to participate in the manufacturer e-waste program
for the program year and that has a population density that
is less than 250 individuals per square mile;
(2) two program collection sites in each county that
has elected to participate in the manufacturer e-waste
program for the program year and that has a population
density that is greater than or equal to 250 individuals
per square mile but less than 500 individuals per square
mile;
(3) three program collection sites in each county that
has elected to participate in the manufacturer e-waste
program for the program year and that has a population
density that is greater than or equal to 500 individuals
per square mile but less than 750 individuals per square
mile;
(4) four program collection sites in each county that
has elected to participate in the manufacturer e-waste
program for the program year and that has a population
density that is greater than or equal to 750 individuals
per square mile but less than 1,000 individuals per square
mile;
(5) five program collection sites in each county that
has elected to participate in the manufacturer e-waste
program for the program year and that has a population
density that is greater than or equal to 1,000 individuals
per square mile but less than 5,000 individuals per square
mile; and
(6) ten program collection sites in each county that
has elected to participate in the manufacturer e-waste
program for the program year and that has a population
density that is greater than or equal to 5,000 individuals
per square mile.
If a municipality with a population of over 1,000,000
residents notifies the program of the municipality's desire to
participate in the program, then that municipality shall
receive 15 program collection sites to be located in that
municipality in addition to county sites, which shall be
located outside of the municipality.
A designated county recycling coordinator may elect to
operate more than the required minimum number of collection
sites.
(b) Notwithstanding subsection (a) of this Section, the
county recycling coordinator for a county that elects to
participate in a manufacturer e-waste program may enter into a
written agreement with the operators of any manufacturer
e-waste program in order to do one or more of the following:
(1) to decrease the number of program collection sites
in the county for the program year;
(2) to substitute a program collection site in the
county with either (i) 4 one-day collection events in the
county or (ii) a different number of such events in the
county as may be provided in the written agreement;
(3) to substitute the location of a program collection
site in the county for the program year with another
location in the county; or
(4) to substitute the location of a one-day collection
in the county with another location in the county.
An agreement made pursuant to paragraphs (1) or (2) of this
subsection (b) shall be reduced to writing and included in the
manufacturer e-waste program plan as required under subsection
(a) of Section 1-25 of this Act.
(c) To facilitate the equitable allocation of covered
electronic device collection and recycling obligations among
manufacturers participating in a manufacturer e-waste program,
beginning November 1, 2018 and by November 1 of each year
thereafter, the Agency shall determine each manufacturer's
collection obligation for each CED category that takes into
account the market share of a manufacturer so that the
manufacturer's obligations are allocated based on the weight of
the manufacturer's sales in each CED category, divided by the
weight of all sales in each CED category multiplied by the
proportion of the weight of CEDs in each CED category collected
from county collection sites used in the manufacturer's e-waste
program in the prior program year. The manufacturer's
collection obligation calculated in this subsection (c) shall
be expressed as a percentage.
(d) Nothing in this Act shall prevent a manufacturer from
using retail collection sites to satisfy the manufacturer's
obligations under this Section.
Section 1-20. Election to participate in manufacturer
e-waste programs. Beginning with program year 2019, a county
may elect to participate in a manufacturer e-waste program by
having the county recycling coordinator file with the
manufacturer e-waste program and the Agency, on or before March
1, 2018, and on or before March 1 of each year thereafter for
the upcoming program year, a written notice of election to
participate in the program. The written notice shall include a
list of proposed collection locations likely to be available
and appropriate to support this program, and may include
locations already providing similar collection services. The
written notice may include a list of registered recyclers that
the county would prefer using for its collection sites or
one-day events.
County program coordinators may contract with registered
collectors to operate collection sites. Eligible registered
collectors are not limited to private companies and
non-government organizations. All collectors operating county
supervised programs shall abide by the standards in Section
1-45.
Should a county elect not to participate in the program, a
municipal joint action agency, representing residents within a
certain geographic area in the non-participating county can
elect to participate in the e-waste program on behalf of the
residents of the municipal joint action agency.
Section 1-25. Manufacturer e-waste program plans.
(a) By July 1, 2018, and by July 1 of each year thereafter
for the upcoming program year, beginning with program year
2019, each manufacturer shall, individually or as a
manufacturer clearinghouse, submit to the Agency a
manufacturer e-waste program plan and assume the financial
responsibility for bulk transportation, packaging materials
necessary to prepare shipments in compliance with best
practices, and recycling of collected CEDs, which includes, at
a minimum, the following:
(1) the contact information for the individual who will
serve as the point of contact for the manufacturer e-waste
program;
(2) the identity of each county that has elected to
participate in the manufacturer e-waste program during the
program year;
(3) for each county, the location of each program
collection site and one-day collection event included in
the manufacturer e-waste program for the program year;
(4) the collector operating each program collection
site and one-day collection event included in the
manufacturer e-waste program for the program year;
(5) the recyclers that manufacturers plan to use during
the program year to transport and subsequently recycle
residential CEDs under the program, with the updated list
of recyclers to be provided to the Agency no later than
December 1 preceding each program year; and
(6) an explanation of any deviation by the program from
the standard program collection site distribution set
forth in subsection (a) of Section 1-15 of this Act for the
program year, along with copies of all written agreements
made pursuant to paragraphs (1) or (2) of subsection (b) of
Section 1-15 for the program year.
(b) Within 60 days after receiving a manufacturer e-waste
program plan, the Agency shall review the plan and approve the
plan or disapprove the plan.
(1) If the Agency determines that the program
collection sites and one-day collection events specified
in the plan will satisfy the convenience standard set forth
in Section 1-15 of this Act, then the Agency shall approve
the manufacturer e-waste program plan and provide written
notification of the approval to the individual who serves
as the point of contact for the manufacturer. The Agency
shall post the approved plan on the Agency's website.
(2) If the Agency determines the plan will not satisfy
the convenience standard set forth in Section 1-15 of this
Act, then the Agency shall disapprove the manufacturer
e-waste program plan and provide written notification of
the disapproval and the reasons for the disapproval to the
individual who serves as the point of contact for the
manufacturer. Within 30 days after the date of disapproval,
the individual who serves as the point of contact for the
manufacturer shall submit a revised manufacturer e-waste
program plan that addresses the deficiencies noted in the
Agency's disapproval.
Section 1-30. Manufacturer registration.
(a) By April 1, 2018, and by April 1 of each year
thereafter for the upcoming program year, beginning with
program year 2019, each manufacturer who sells CEDs in the
State must register with the Agency by: (i) submitting to the
Agency a $3,000 registration fee; and (ii) completing and
submitting to the Agency the registration form prescribed by
the Agency. Information on the registration form shall include,
without limitation, all of the following:
(1) a list of all of the brands and labels under which
the manufacturer's CEDs are sold or offered for sale in the
State; and
(2) the weight of all individual CEDs by category sold
or offered for sale under any of the manufacturer's brands
or labels in the United States during the calendar year 2
years before the applicable program year.
If, during a program year, any of the manufacturer's CEDs
are sold or offered for sale in the State under a brand that is
not listed in the manufacturer's registration, then, within 30
days after the first sale or offer for sale under that brand,
the manufacturer must amend its registration to add the brand.
All registration fees collected by the Agency pursuant to this
Section shall be deposited into the Solid Waste Management
Fund.
(b) The Agency shall post on its website a list of all
registered manufacturers.
(c) Beginning in program year 2019, a manufacturer whose
CEDs are sold or offered for sale in this State for the first
time on or after April 1 of a program year must register with
the Agency within 30 days after the date the CEDs are first
sold or offered for sale in the State.
(d) Beginning in program year 2019, manufacturers shall
ensure that only recyclers that have registered with the Agency
and meet the recycler standards set forth in Section 1-40 are
used to transport or recycle residential CEDs collected at any
program collection site or one-day collection event.
(e) Beginning in program year 2019, no manufacturer may
sell or offer for sale a CED in this State unless the
manufacturer is registered and operates a manufacturer program
either individually or as part of the manufacturer
clearinghouse as required in this Act.
(f) Beginning in program year 2019, no manufacturer may
sell or offer for sale a CED in this State unless the
manufacturer's brand name is permanently affixed to, and is
readily visible on, the CED.
Section 1-35. Retailer responsibilities.
(a) Beginning in program year 2019, no retailer who first
sells, through a sales outlet, catalogue, or the Internet, a
CED at retail to an individual for residential use may sell or
offer for sale any CED in or for delivery into this State
unless:
(1) the CED is labeled with a brand, and the label is
permanently affixed and readily visible; and
(2) the manufacturer is registered with the Agency at
the time the retailer purchases the CED.
(b) A retailer shall be considered to have complied with
paragraphs (1) and (2) of subsection (a) if:
(1) a manufacturer registers with the agency within 30
days of a retailer taking possession of the manufacturer's
CED;
(2) a manufacturer's registration expires and the
retailer ordered the CED prior to the expiration, in which
case the retailer may sell the CED, but only if the sale
takes place within 180 days of the expiration; or
(3) a manufacturer is no longer conducting business and
has no successor in interest the retailer may sell any
orphan CED ordered prior to the discontinuation of
business.
(c) Retailers shall not be considered collectors under the
convenience standard and retail collection sites shall not be
considered a collection site for the purposes of the
convenience standard pursuant to Sections 1-10, 1-15, and 1-25
unless otherwise agreed to in writing by the retailer,
operators of the manufacture e-waste program, and the county
coordinator. If retailers agree to participate in a county
program collection site, then the retailer collection site does
not have to collect all CEDs or register as a collector.
(d) Manufacturers may use retail collection sites for
satisfying some or all of their obligations pursuant to
Sections 1-10, 1-15 and 1-25.
(e) Nothing in this Act shall prohibit a retailer from
collecting a fee for each CED collected.
Section 1-40. Recycler responsibilities.
(a) By January 1, 2019, and by January 1 of each year
thereafter for that program year, beginning with program year
2019, each recycler must register with the Agency by (i)
submitting to the Agency a $3,000 registration fee and (ii)
completing and submitting to the Agency the registration form
prescribed by the Agency. The registration form prescribed by
the Agency shall include, without limitation, the address of
each location where the recycler manages residential CEDs. All
registration fees collected by the Agency pursuant to this
Section shall be deposited into the Solid Waste Management
Fund.
(b) The Agency shall post on the Agency's website a list of
all registered recyclers and the information requested by
subsection (d) of Section 1-40.
(c) Beginning in program year 2019, no person may act as a
recycler of residential CEDs for a manufacturer's e-waste
program unless the recycler is registered with the Agency as
required under this Section.
(d) Beginning in program year 2019, recyclers must, at a
minimum, comply with all of the following:
(1) Recyclers must comply with federal, State, and
local laws and regulations, including federal and State
minimum wage laws, specifically relevant to the handling,
processing, and recycling of residential CEDs and must have
proper authorization by all appropriate governing
authorities to perform the handling, processing, and
recycling.
(2) Recyclers must implement the appropriate measures
to safeguard occupational and environmental health and
safety, through the following:
(A) environmental health and safety training of
personnel, including training with regard to material
and equipment handling, worker exposure, controlling
releases, and safety and emergency procedures;
(B) an up-to-date, written plan for the
identification and management of hazardous materials;
and
(C) an up-to-date, written plan for reporting and
responding to exceptional pollutant releases,
including emergencies such as accidents, spills,
fires, and explosions.
(3) Recyclers must maintain (i) commercial general
liability insurance or the equivalent corporate guarantee
for accidents and other emergencies with limits of not less
than $1,000,000 per occurrence and $1,000,000 aggregate
and (ii) pollution legal liability insurance with limits
not less than $1,000,000 per occurrence for companies
engaged solely in the dismantling activities and
$5,000,000 per occurrence for companies engaged in
recycling.
(4) Recyclers must maintain on file documentation that
demonstrates the completion of an environmental health and
safety audit completed and certified by a competent
internal and external auditor annually. A competent
auditor is an individual who, through professional
training or work experience, is appropriately qualified to
evaluate the environmental health and safety conditions,
practices, and procedures of the facility. Documentation
of auditors' qualifications must be available for
inspection by Agency officials and third-party auditors.
(5) Recyclers must maintain on file proof of workers'
compensation and employers' liability insurance.
(6) Recyclers must provide adequate assurance, such as
bonds or corporate guarantees, to cover environmental and
other costs of the closure of the recycler's facility,
including cleanup of stockpiled equipment and materials.
(7) Recyclers must apply due diligence principles to
the selection of facilities to which components and
materials, such as plastics, metals, and circuit boards,
from residential CEDs are sent for reuse and recycling.
(8) Recyclers must establish a documented
environmental management system that is appropriate in
level of detail and documentation to the scale and function
of the facility, including documented regular self-audits
or inspections of the recycler's environmental compliance
at the facility.
(9) Recyclers must use the appropriate equipment for
the proper processing of incoming materials as well as
controlling environmental releases to the environment. The
dismantling operations and storage of residential CED
components that contain hazardous substances must be
conducted indoors and over impervious floors. Storage
areas must be adequate to hold all processed and
unprocessed inventory. When heat is used to soften solder
and when residential CED components are shredded,
operations must be designed to control indoor and outdoor
hazardous air emissions.
(10) Recyclers must establish a system for identifying
and properly managing components, such as circuit boards,
batteries, cathode-ray tubes, and mercury phosphor lamps,
that are removed from residential CEDs during disassembly.
Recyclers must properly manage all hazardous and other
components requiring special handling from residential
CEDs consistent with federal, State, and local laws and
regulations. Recyclers must provide visible tracking, such
as hazardous waste manifests or bills of lading, of
hazardous components and materials from the facility to the
destination facilities and documentation, such as
contracts, stating how the destination facility processes
the materials received. No recycler may send, either
directly or through intermediaries, hazardous wastes to
solid non-hazardous waste landfills or to non-hazardous
waste incinerators for disposal or energy recovery. For the
purpose of these guidelines, smelting of hazardous wastes
to recover metals for reuse in conformance with all
applicable laws and regulations is not considered disposal
or energy recovery.
(11) Recyclers must use a regularly implemented and
documented monitoring and record-keeping program that
tracks total inbound residential CED material weights and
total subsequent outbound weights to each destination,
injury and illness rates, and compliance with applicable
permit parameters including monitoring of effluents and
emissions. Recyclers must maintain contracts or other
documents, such as sales receipts, suitable to
demonstrate: (i) the reasonable expectation that there is a
downstream market or uses for designated electronics,
which may include recycling or reclamation processes such
as smelting to recover metals for reuse; and (ii) that any
residuals from recycling or reclamation processes, or
both, are properly handled and managed to maximize reuse
and recycling of materials to the extent practical.
(12) Recyclers must employ industry-accepted
procedures for the destruction or sanitization of data on
hard drives and other data storage devices. Acceptable
guidelines for the destruction or sanitization of data are
contained in the National Institute of Standards and
Technology's Guidelines for Media Sanitation or those
guidelines certified by the National Association for
Information Destruction.
(13) No recycler may employ prison labor in any
operation related to the collection, transportation, and
recycling of CEDs. No recycler may employ any third party
that uses or subcontracts for the use of prison labor.
(e) Each recycler shall, during each calendar year,
transport from each site that the recycler uses to manage
residential CEDs not less than 75% of the total weight of
residential CEDs present at the site during the preceding
calendar year. Each recycler shall maintain on-site records
that demonstrate compliance with this requirement and shall
make those records available to the Agency for inspection and
copying.
Nothing in this Act shall prevent a person from acting as a
recycler independently of a manufacturer e-waste program.
Section 1-45. Collector responsibilities.
(a) By January 1, 2019, and by January 1 of each year
thereafter for that program year, beginning with program year
2019, a person acting as a collector under a manufacturer
e-waste program shall register with the Agency by completing
and submitting to the Agency the registration form prescribed
by the Agency. The registration form prescribed by the Agency
must include, without limitation, the address of each location
at which the collector accepts residential CEDs.
(b) The Agency shall post on the Agency's website a list of
all registered collectors.
(c) Manufacturers and recyclers acting as collectors shall
so indicate on their registration under Section 1-30 or 1-40 of
this Act.
(d) By January 31, 2020 and every January 31 thereafter,
each collector that operates a program collection site or
one-day collection event shall report its previous program year
data on CEDs collected to the Agency and manufacturer
clearinghouse to assist in satisfying a manufacturer's
obligation pursuant to subsection (c) of Section 1-15.
(e) Each collector that operates a program collection site
or one-day event shall ensure that the collected CEDs are
sorted and loaded in compliance with local, State, and federal
law and in accordance with best practices recommended by the
recycler and Section 1-85 of this Act. In addition, at a
minimum, the collector shall also comply with the following
requirements:
(1) all CEDs must be accepted at the collection site or
one-day event unless otherwise provided in this Act;
(2) CEDs shall be kept separate from other material and
shall be:
(A) packaged in a manner to prevent breakage; and
(B) loaded onto pallets and secured with plastic
wrap or in pallet-sized bulk containers prior to
shipping; and
(C) on average per collection site 18,000 pounds
per shipment, and if not then the recycler may charge
the collector a prorate charge on the shortfall in
weight, not to exceed $600.
(3) CEDs shall be sorted into the following categories:
(A) computer monitors and televisions containing a
cathode-ray tube, other than televisions with wooden
exteriors;
(B) computer monitors and televisions containing a
flat panel screen;
(C) all other covered televisions;
(D) computers;
(E) all other CEDs; and
(F) any electronic device that is not part of the
manufacturer program that the collector has arranged
to have picked up with CEDs and for which a financial
arrangement has been made to cover the recycling costs
outside of the manufacturer program; and
(4) containers holding the CEDs must be structurally
sound for transportation.
(e) Except as provided in subsection (f) of this Section,
each collector that operates a program collection site or
one-day collection event during a program year shall accept all
residential CEDs that are delivered to the program collection
site or one-day collection event during the program year.
(f) No collector that operates a program collection site or
one-day collection event shall accept more than 7 residential
CEDs from an individual at any one time.
(g) Beginning in program year 2019, registered collectors
participating in county supervised collection programs may
collect a fee for each desktop computer monitor or television
accepted for recycling to cover costs for collection and
preparation for bulk shipment or cover cost for subsection (e)
of Section 1-45.
(h) Nothing in this Act shall prevent an individual from
acting as a collector independently of a manufacturer e-waste
program.
Section 1-50. Penalties.
(a) Except as otherwise provided in this Act, any person
who violates any provision of this Act is liable for a civil
penalty of $1,000 for the violation.
(b) The penalties provided for in this Section may be
recovered in a civil action brought in the name of the people
of the State of Illinois by the State's Attorney of the county
in which the violation occurred or by the Attorney General. Any
penalties collected under this Section in an action in which
the Attorney General has prevailed shall be deposited in the
Environmental Protection Trust Fund, to be used in accordance
with the provisions of the Environmental Trust Fund Act.
(c) The Attorney General or the State's Attorney of a
county in which a violation occurs may institute a civil action
for an injunction, prohibitory or mandatory, to restrain
violations of this Act or to require such actions as may be
necessary to address violations of this Act.
(d) A fine imposed by administrative citation pursuant to
Section 1-55 of this Act shall be $1,000 per violation, plus
any hearing costs incurred by the Illinois Pollution Control
Board and the Agency. Such fines shall be made payable to the
Environmental Protection Trust Fund to be used in accordance
with the Environmental Protection Trust Fund Act.
(e) The penalties and injunctions provided in this Act are
in addition to any penalties, injunctions, or other relief
provided under any other law. Nothing in this Act bars a cause
of action by the State for any other penalty, injunction, or
other relief provided by any other law.
(f) A knowing violation of subsections (a), (b), or (c) of
Section 1-83 of this Act by anyone other than a residential
consumer is a petty offense punishable by a fine of $500. A
knowing violation of subsections (a), (b), or (c) of Section
1-83 by a residential consumer is a petty offense punishable by
a fine of $25 for a first violation; however, a subsequent
violation by a residential consumer is a petty offense
punishable by a fine of $50.
Section 1-55. Administrative citations.
(a) Any violation of a registration requirement in Sections
1-30, 1-40, or 1-45 of this Act, any violation of the reporting
requirement in paragraph (4) of subsection (b) of Section 1-10
of this Act, and any violation of the plan submission
requirement in subsection (a) of Section 1-25 of this Act shall
be enforceable by administrative citation issued by the Agency.
Whenever Agency personnel shall, on the basis of direct
observation, determine that any person has violated any of
those provisions, the Agency may issue and serve, within 60
days after the observed violation, an administrative citation
upon that person. Each citation shall be served upon the person
named or the person's authorized agent for service of process
and shall include the following:
(1) a statement specifying the provisions of this Act
that the person has violated;
(2) the penalty imposed under subsection (d) of Section
1-50 of this Act for that violation; and
(3) an affidavit by the personnel observing the
violation, attesting to their material actions and
observations.
(b) If the person named in the administrative citation
fails to petition the Illinois Pollution Control Board for
review within 35 days after the date of service, then the Board
shall adopt a final order, which shall include the
administrative citation and findings of violation as alleged in
the citation and shall impose the penalty specified in
subsection (d) of Section 1-50 of this Act.
(c) If a petition for review is filed with the Board to
contest an administrative citation issued under this Section,
then the Agency shall appear as a complainant at a hearing
before the Board to be conducted pursuant to subsection (d) of
this Section at a time not less than 21 days after notice of
the hearing has been sent by the Board to the Agency and the
person named in the citation. In those hearings, the burden of
proof shall be on the Agency. If, based on the record, the
Board finds that the alleged violation occurred, then the Board
shall adopt a final order, which shall include the
administrative citation and findings of violation as alleged in
the citation, and shall impose the penalty specified in
subsection (d) of Section 1-50 of this Act. However, if the
Board finds that the person appealing the citation has shown
that the violation resulted from uncontrollable circumstances,
then the Board shall adopt a final order that makes no finding
of violation and imposes no penalty.
(d) All hearings under this Section shall be held before a
qualified hearing officer, who may be attended by one or more
members of the Board, designated by the Chairman. All of these
hearings shall be open to the public, and any person may submit
written statements to the Board in connection with the subject
of these hearings. In addition, the Board may permit any person
to offer oral testimony. Any party to a hearing under this
Section may be represented by counsel, make oral or written
argument, offer testimony, cross-examine witnesses, or take
any combination of those actions. All testimony taken before
the Board shall be recorded stenographically. The transcript so
recorded and any additional matter accepted for the record
shall be open to public inspection, and copies of those
materials shall be made available to any person upon payment of
the actual cost of reproducing the original.
Section 1-60. Delegation of county rights and
responsibilities to municipal joint action agency. If a county
has delegated to a municipal joint action agency certain powers
or responsibilities under Section 3.2 of the Intergovernmental
Cooperation Act with respect to certain geographic areas of the
county, then the executive director of the municipal joint
action agency shall have, with respect to those geographic
areas, the rights and responsibilities that this Act would
otherwise afford to the county. If a county elects not to
participate in the program, then a municipal joint action
agency representing residents within the geographic area of the
municipal joint action agency can elect to participate in the
program.
Section 1-65. Relation to other State laws. Nothing in this
Act affects the validity or application of any other law of
this State, or regulations adopted thereunder.
Section 1-75. CRT Retrievable Storage. In order to further
the policy of the State to reduce the environmental and
economic impacts of transporting and managing cathode-ray tube
(CRT) glass, and to support (i) the beneficial use of CRTs in
accordance with beneficial use determinations issued by the
Agency under Section 22.54 of the Environmental Protection Act
and (ii) the storage of CRTs in retrievable storage cells at
locations within the State for future recovery; for the purpose
of this Act, a CRT shall be considered to be recycled if:
(1) all recyclable components are removed from the
device; and
(2) the glass from the device is either:
(A) beneficially reused in accordance with a
beneficial use determination issued under Section
22.54 of the Environmental Protection Act; or
(B) placed in a storage cell, in a manner that
allows it to be retrieved in the future, at a waste
disposal site that is permitted to accept the glass.
Section 1-80. Collection of CEDs outside of the
manufacturer e-waste program.
(a) Nothing in this Act prohibits a waste hauler from
entering into a contractual agreement with a unit of local
government to establish a collection program for the recycling
or reuse of CEDs, including services such as curbside
collection, home pick-up, drop-off locations, or similar
methods of collection.
(b) Nothing in this Act shall prohibit a person from
establishing an e-waste program independently of a
manufacturer e-waste program.
Section 1-83. Landfill ban.
(a) Beginning January 1, 2019, no person may knowingly
cause or allow the mixing of a CED, or any other computer,
computer monitor, printer, television, electronic keyboard,
facsimile machine, videocassette recorder, portable digital
music player, digital video disc player, video game console,
electronic mouse, scanner, digital converter box, cable
receiver, satellite receiver, digital video disc recorder, or
small-scale server with municipal waste that is intended for
disposal at a landfill.
(b) Beginning January 1, 2019, no person may knowingly
cause or allow the disposal of a CED or any other computer,
computer monitor, printer, television, electronic keyboard,
facsimile machine, videocassette recorder, portable digital
music player, digital video disc player, video game console,
electronic mouse, scanner, digital converter box, cable
receiver, satellite receiver, digital video disc recorder, or
small-scale server in a sanitary landfill.
(c) Beginning January 1, 2019, no person may knowingly
cause or allow the mixing of a CED, or any other computer,
computer monitor, printer, television, electronic keyboard,
facsimile machine, videocassette recorder, portable digital
music player, digital video disc player, video game console,
electronic mouse, scanner, digital converter box, cable
receiver, satellite receiver, digital video disc recorder, or
small-scale server with waste that is intended for disposal by
burning or incineration.
(d) Beginning January 1, 2019, no person may knowingly
cause or allow the burning or incineration of a CED, or any
other computer, computer monitor, printer, television,
electronic keyboard, facsimile machine, videocassette
recorder, portable digital music player, digital video disc
player, video game console, electronic mouse, scanner, digital
converter box, cable receiver, satellite receiver, digital
video disc recorder, or small-scale server.
Section 1-85. Best practices. By November 1, 2018 and
November 1 of each year thereafter, an advisory stakeholder
group shall submit a document, to be approved annually by a
majority of the stakeholder group, of agreed-to best practices
to be used in the following program year and made available on
the Agency website. The best practices stakeholder group shall
be made up of 8 members, appointed by the Director of the
Agency, including 2 representatives of county programs, 2
representatives of recycling companies, 2 representatives from
the manufacturing industry, one representative from a
statewide trade association representing retailers, one
representative of a statewide trade association representing
manufacturers, one representative of a statewide trade
association representing waste disposal companies, and one
representative of a national trade association representing
manufacturers.
Section 1-86. Public Reporting. Each year, the Agency shall
post on its website the information it receives pursuant to
subdivision (b)(4) of Section 1-10 showing the amounts of
residential CEDs being collected and recycled in each county in
each program year. The Agency shall notify the General Assembly
of the availability of this information.
Section 1-90. Repeal. This Article is repealed on December
31, 2026.
ARTICLE 5. AMENDATORY PROVISIONS
(30 ILCS 105/5.716 rep.)
Section 5-5. The State Finance Act is amended by repealing
Section 5.716.
Section 5-10. The Environmental Protection Act is amended
by changing Section 22.15 as follows:
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the "Solid Waste Management Fund",
to be constituted from the fees collected by the State pursuant
to this Section, and from repayments of loans made from the
Fund for solid waste projects, from registration fees collected
pursuant to the Consumer Electronics Recycling Act, and from
amounts transferred into the Fund pursuant to this amendatory
Act of the 100th General Assembly. Moneys received by the
Department of Commerce and Economic Opportunity in repayment of
loans made pursuant to the Illinois Solid Waste Management Act
shall be deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a fee in the amount
set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency to
dispose of solid waste if the sanitary landfill is located off
the site where such waste was produced and if such sanitary
landfill is owned, controlled, and operated by a person other
than the generator of such waste. The Agency shall deposit all
fees collected into the Solid Waste Management Fund. If a site
is contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee
under this subsection.
(1) If more than 150,000 cubic yards of non-hazardous
solid waste is permanently disposed of at a site in a
calendar year, the owner or operator shall either pay a fee
of 95 cents per cubic yard or, alternatively, the owner or
operator may weigh the quantity of the solid waste
permanently disposed of with a device for which
certification has been obtained under the Weights and
Measures Act and pay a fee of $2.00 per ton of solid waste
permanently disposed of. In no case shall the fee collected
or paid by the owner or operator under this paragraph
exceed $1.55 per cubic yard or $3.27 per ton.
(2) If more than 100,000 cubic yards but not more than
150,000 cubic yards of non-hazardous waste is permanently
disposed of at a site in a calendar year, the owner or
operator shall pay a fee of $52,630.
(3) If more than 50,000 cubic yards but not more than
100,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $23,790.
(4) If more than 10,000 cubic yards but not more than
50,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $7,260.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay a
fee of $1050.
(c) (Blank).
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such rules
shall include, but not be limited to:
(1) necessary records identifying the quantities of
solid waste received or disposed;
(2) the form and submission of reports to accompany the
payment of fees to the Agency;
(3) the time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly; and
(4) procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency and the
Department of Commerce and Economic Opportunity for the
purposes set forth in this Section and in the Illinois Solid
Waste Management Act, including for the costs of fee collection
and administration, and for the administration of (1) the
Consumer Electronics Recycling Act and (2) until January 1,
2020, the Electronic Products Recycling and Reuse Act.
(f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its
duties under this Section and the Illinois Solid Waste
Management Act.
(g) On the first day of January, April, July, and October
of each year, beginning on July 1, 1996, the State Comptroller
and Treasurer shall transfer $500,000 from the Solid Waste
Management Fund to the Hazardous Waste Fund. Moneys transferred
under this subsection (g) shall be used only for the purposes
set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial
assistance to units of local government for the performance of
inspecting, investigating and enforcement activities pursuant
to Section 4(r) at nonhazardous solid waste disposal sites.
(i) The Agency is authorized to support the operations of
an industrial materials exchange service, and to conduct
household waste collection and disposal programs.
(j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge with
regard to the permanent disposal of solid waste. All fees,
taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including
long-term monitoring and maintenance of landfills, planning,
implementation, inspection, enforcement and other activities
consistent with the Solid Waste Management Act and the Local
Solid Waste Disposal Act, or for any other environment-related
purpose, including but not limited to an environment-related
public works project, but not for the construction of a new
pollution control facility other than a household hazardous
waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection
(j) upon the solid waste disposal facility shall not exceed:
(1) 60 per cubic yard if more than 150,000 cubic yards
of non-hazardous solid waste is permanently disposed of at
the site in a calendar year, unless the owner or operator
weighs the quantity of the solid waste received with a
device for which certification has been obtained under the
Weights and Measures Act, in which case the fee shall not
exceed $1.27 per ton of solid waste permanently disposed
of.
(2) $33,350 if more than 100,000 cubic yards, but not
more than 150,000 cubic yards, of non-hazardous waste is
permanently disposed of at the site in a calendar year.
(3) $15,500 if more than 50,000 cubic yards, but not
more than 100,000 cubic yards, of non-hazardous solid waste
is permanently disposed of at the site in a calendar year.
(4) $4,650 if more than 10,000 cubic yards, but not
more than 50,000 cubic yards, of non-hazardous solid waste
is permanently disposed of at the site in a calendar year.
(5) $$650 if not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at the
site in a calendar year.
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a
highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped on
public property in violation of a State law or local ordinance.
A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in the
removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local
ordinance.
If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement with
the Agency pursuant to subsection (r) of Section 4. The unit of
local government and the Agency shall enter into such a written
delegation agreement within 60 days after the establishment of
such fees. At least annually, the Agency shall conduct an audit
of the expenditures made by units of local government from the
funds granted by the Agency to the units of local government
for purposes of local sanitary landfill inspection and
enforcement programs, to ensure that the funds have been
expended for the prescribed purposes under the grant.
The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local government
in a separate fund, and the interest received on the moneys in
the fund shall be credited to the fund. The monies in the fund
may be accumulated over a period of years to be expended in
accordance with this subsection.
A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and distribute to the Agency,
in April of each year, a report that details spending plans for
monies collected in accordance with this subsection. The report
will at a minimum include the following:
(1) The total monies collected pursuant to this
subsection.
(2) The most current balance of monies collected
pursuant to this subsection.
(3) An itemized accounting of all monies expended for
the previous year pursuant to this subsection.
(4) An estimation of monies to be collected for the
following 3 years pursuant to this subsection.
(5) A narrative detailing the general direction and
scope of future expenditures for one, 2 and 3 years.
The exemptions granted under Sections 22.16 and 22.16a, and
under subsection (k) of this Section, shall be applicable to
any fee, tax or surcharge imposed under this subsection (j);
except that the fee, tax or surcharge authorized to be imposed
under this subsection (j) may be made applicable by a unit of
local government to the permanent disposal of solid waste after
December 31, 1986, under any contract lawfully executed before
June 1, 1986 under which more than 150,000 cubic yards (or
50,000 tons) of solid waste is to be permanently disposed of,
even though the waste is exempt from the fee imposed by the
State under subsection (b) of this Section pursuant to an
exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1, 1989
the fee under subsection (b) and the fee, tax or surcharge
under subsection (j) shall not apply to:
(1) Waste which is hazardous waste; or
(2) Waste which is pollution control waste; or
(3) Waste from recycling, reclamation or reuse
processes which have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render such wastes reusable, provided that the process
renders at least 50% of the waste reusable; or
(4) Non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency; or
(5) Any landfill which is permitted by the Agency to
receive only demolition or construction debris or
landscape waste.
(Source: P.A. 97-333, eff. 8-12-11.)
Section 5-15. The Electronic Products Recycling and Reuse
Act is amended by changing Sections 15, 20, 30, 40, 50, 55, 60,
and 85 and by adding Section 100 as follows:
(415 ILCS 150/15)
Sec. 15. Statewide recycling and reuse goals for all
covered electronic devices.
(a) For program year 2010, the statewide recycling or reuse
goal for all CEDs is the product of: (i) the latest population
estimate for the State, as published on the U.S. Census
Bureau's website on January 1, 2010; multiplied by (ii) 2.5
pounds per capita.
(b) For program year 2011, the statewide recycling or reuse
goal for all CEDs is the product of: (i) the 2010 base weight;
multiplied by (ii) the 2010 goal attainment percentage.
For the purposes of this subsection (b):
The "2010 base weight" means the greater of: (i) twice the
total weight of all CEDs that were recycled or processed for
reuse between January 1, 2010 and June 30, 2010 as reported to
the Agency under subsection (i) or (j) of Section 30; or (ii)
twice the total weight of all CEDs that were recycled or
processed for reuse between January 1, 2010 and June 30, 2010
as reported to the Agency under subsection (c) of Section 55.
The "2010 goal attainment percentage" means:
(1) 90% if the 2010 base weight is less than 90% of the
statewide recycling or reuse goal for program year 2010;
(2) 95% if the 2010 base weight is 90% or greater, but
does not exceed 95%, of the statewide recycling or reuse
goal for program year 2010;
(3) 100% if the 2010 base weight is 95% or greater, but
does not exceed 105%, of the statewide recycling or reuse
goal for program year 2010;
(4) 105% if the 2010 base weight is 105% or greater,
but does not exceed 110%, of the statewide recycling or
reuse goal for program year 2010; and
(5) 110% if the 2010 base weight is 110% or greater of
the statewide recycling or reuse goal for program year
2010.
(c) For program year 2012 and for each of the following
categories of electronic devices, each manufacturer shall
recycle or reuse at least 40% of the total weight of the
electronic devices that the manufacturer sold in that category
in Illinois during the calendar year beginning January 1, 2010:
computers, monitors, televisions, printers, electronic
keyboards, facsimile machines, video cassette recorders,
portable digital music players, digital video disc players,
video game consoles, electronic mice, scanners, digital
converter boxes, cable receivers, satellite receivers, digital
video disc recorders, and small-scale servers. To determine the
manufacturer's annual recycling or reuse goal, the
manufacturer shall use its own Illinois sales data or its own
national sales data proportioned to Illinois' share of the U.S.
population, based on the U.S. Census population estimate for
2009.
(c-5) For program year 2013 and program year 2014 and for
each of the following categories of electronic devices, each
manufacturer shall recycle or reuse at least 50% of the total
weight of the electronic devices that the manufacturer sold in
that category in Illinois during the calendar year 2 years
before the applicable program year: computers, monitors,
televisions, printers, electronic keyboards, facsimile
machines, video cassette recorders, portable digital music
players, digital video disc players, video game consoles,
electronic mice, scanners, digital converter boxes, cable
receivers, satellite receivers, digital video disc recorders,
and small-scale servers.
To determine the manufacturer's annual recycling or reuse
goal, the manufacturer shall use its own Illinois sales data or
its own national sales data proportioned to Illinois' share of
the U.S. population, based on the most recent U.S. Census data.
(c-6) For program year 2015, the total annual recycling
goal for all manufacturers shall be as follows:
(1) 30,800,000 pounds for manufacturers of televisions
and computer monitors; and
(2) 15,800,000 pounds for manufacturers of all other
covered electronic devices.
For program year 2016 and program year 2017 and program
year 2018, the total annual recycling goal for all
manufacturers shall be as follows:
(1) 34,000,000 pounds for manufacturers of televisions
and computer monitors; and
(2) 15,600,000 pounds for manufacturers of all other
covered electronic devices.
An individual manufacturer's annual recycling goal for
televisions, computer monitors, and all other covered
electronic devices shall be in proportion to the manufacturer's
market share of those product types sold in Illinois during the
calendar year 2 years before the applicable program year.
For program year 2018 and thereafter, and for each of the
following categories of electronic devices, each manufacturer
shall recycle or reuse at least 50% of the total weight of the
electronic devices that the manufacturer sold in that category
in Illinois during the calendar year 2 years before the
applicable program year: computers, monitors, televisions,
printers, electronic keyboards, facsimile machines, video
cassette recorders, portable digital music players, digital
video disc players, video game consoles, electronic mice,
scanners, digital converter boxes, cable receivers, satellite
receivers, digital video disc recorders, and small-scale
servers.
To determine the manufacturer's annual recycling or reuse
goal for program year 2018 and thereafter, the manufacturer
shall use its own Illinois sales data or its own national sales
data proportioned to Illinois' share of the U.S. population,
based on the most recent U.S. census data.
(d) In order to further the policy of the State of Illinois
to reduce the environmental and economic impacts of
transporting and managing cathode-ray tube (CRT) glass, and to
support (i) the beneficial use of CRTs in accordance with
beneficial use determinations issued by the Agency under
Section 22.54 of the Environmental Protection Act and (ii) the
storage of CRTs in retrievable storage cells at locations
within the State for future recovery, the total weight of a CRT
device, prior to processing, may be applied toward the
manufacturer's annual recycling or reuse goal, provided that:
(1) all recyclable components are removed from the
device; and
(2) the glass from the device is either:
(A) beneficially reused in accordance with a
beneficial use determination issued under Section
22.54 of the Environmental Protection Act; or
(B) placed in a storage cell, in a manner that
allows it to be retrieved in the future, at a waste
disposal site that is permitted to accept the glass.
(Source: P.A. 99-13, eff. 7-10-15.)
(415 ILCS 150/20)
Sec. 20. Agency responsibilities.
(a) The Agency has the authority to monitor compliance with
this Act, enforce violations of the Act by administrative
citation, and refer violations of this Act to the Attorney
General.
(b) No later than October 1 of each program year, through
October 1, 2017, the Agency shall post on its website a list of
underserved counties in the State for the next program year.
The list of underserved counties for program years 2010 and
2011 is set forth in subsection (a) of Section 60.
(c) From July 1, 2009 until December 31, 2015, the Agency
shall implement a county and municipal government education
campaign to inform those entities about this Act and the
implications on solid waste collection in their localities.
(c-5) Subject to appropriation, no No later than February
1, 2012 and every February 1 thereafter, through February 1,
2018, the Agency shall use a portion of the manufacturer,
recycler, and refurbisher registration fees to provide a $2,000
grant to the recycling coordinator in each county of the State
in order to inform residents in each county about this Act and
opportunities to recycle CEDs and EEDs. The recycling
coordinator shall expend the $2,000 grant before December 31 of
the program year in which the grant is received. The recycling
coordinator shall maintain records that document the use of the
grant funds.
(c-10) By June 15, 2012 and by December 15, 2012, and by
every June 15 and December 15 thereafter through December 15,
2015, the Agency shall meet with associations that represent
Illinois retail merchants twice each year to discuss compliance
with Section 40.
(c-15) By December 15, 2012 and each December 15
thereafter, through December 15, 2018, the Agency shall post on
its website: (i) the mailing address of each collection site at
which collectors collected CEDs and EEDs during the program
year and (ii) the amount in pounds of total CEDs and total EEDs
collected at the collection site during the program year.
(d) By July 1, 2011 for the first program year, and by May
15 for all subsequent program years, except for program years
2015, 2016, and 2017, and 2018, the Agency shall report to the
Governor and to the General Assembly annually on the previous
program year's performance. The report must be posted on the
Agency's website. The report must include, but not be limited
to, the following:
(1) the total overall weight of CEDs, as well as the
sub-total weight of computers, the sub-total weight of
computer monitors, the sub-total weight of printers, the
sub-total weight of televisions, and the total weight of
EEDs that were recycled or processed for reuse in the State
during the program year, as reported by manufacturers and
collectors under Sections 30 and 55;
(2) a listing of all collection sites, as set forth
under subsection (a) of Section 55, and the addresses of
those sites;
(3) a statement showing, for the preceding program
year, (i) the total weight of CEDs and EEDs collected,
recycled, and processed for reuse by the manufacturers
pursuant to Section 30, (ii) the total weight of CEDs
processed for reuse by the manufacturers, and (iii) the
total weight of CEDs collected by the collectors;
(4) a listing of all entities or persons to whom the
Agency issued an administrative citation or with respect to
which the Agency made a referral for enforcement to the
Attorney General's Office as a result of a violation of
this Act;
(5) a discussion of the Agency's education and outreach
activities as set forth in subsection (c) of this Section;
and
(6) a discussion of the penalties, if any, incurred by
manufacturers for failure to achieve recycling goals, and a
recommendation to the General Assembly of any necessary or
appropriate changes to the manufacturers' recycling goals
or penalty provisions included in this Act.
For program years 2015, 2016, and 2017, and 2018, the
Agency shall make available on its website the information
described in paragraphs (1) through (6) in whatever format it
deems appropriate.
(e) Through program year 2018, the The Agency shall post on
its website: (1) a list of manufacturers that have paid the
current year's registration fee as set forth in subsection (b)
of Section 30; (2) a list of manufacturers that failed to pay
the current year's registration fee as set forth in subsection
(b) of Section 30; and (3) a list of registered collectors, the
addresses of their collection sites, their business telephone
numbers, and a link to their websites.
(f) In program years 2012, 2013, and 2014, and at its
discretion thereafter, the Agency shall convene and host an
Electronic Products Recycling Conference. The Agency may host
the conferences alone or with other public entities or with
organizations associated with electronic products recycling.
(g) No later than October 1 of each program year, through
October 1, 2017, the Agency must post on its website the
following information for the next program year: (i) the
individual recycling and reuse goals for each manufacturer, as
set forth in subsections (c) and (c-5) of Section 15, as
applicable, and (ii) the total statewide recycling goal,
determined by adding each individual manufacturer's annual
goal.
(h) By April 1, 2011, and by April 1 of all subsequent
years, through April 1, 2019, the Agency shall award those
manufacturers that have met or exceeded their recycling or
reuse goals for the previous program year with an Electronic
Industry Recycling Award. The award shall acknowledge that the
manufacturer has met or exceeded its recycling goals and shall
be posted on the Agency website and in other media as
appropriate.
(i) By March 1, 2011, and by March 1 of each subsequent
year, through March 1, 2019, the Agency shall post on its
website a list of registered manufacturers that have not met
their annual recycling and reuse goal for the previous program
year.
(j) By July 1, 2015, the Agency shall solicit written
comments regarding all aspects of the program codified in this
Act, for the purpose of determining if the program requires any
modifications.
(1) Issues to be reviewed by the Agency are, but not
limited to, the following:
(A) Sufficiency of the annual statewide recycling
goals.
(B) Fairness of the formulas used to determine
individual manufacturer goals.
(C) Adequacy of, or the need for, continuation of
the credits outlined in Section 30(d)(1) through (3).
(D) Any temporary rescissions of county landfill
bans granted by the Illinois Pollution Control Board
pursuant to Section 95(e).
(E) Adequacy of, or the need for, the penalties
listed in Section 80 of this Act, which are scheduled
to take effect on January 1, 2013.
(F) Adequacy of the collection systems that have
been implemented as a result of this Act, with a
particular focus on promoting the most cost-effective
and convenient collection system possible for Illinois
residents.
(2) By July 1, 2015, the Agency shall complete its
review of the written comments received, as well as its own
reports on the preceding program years. By August 1, 2015,
the Agency shall hold a public hearing to present its
findings and solicit additional comments. All additional
comments shall be submitted to the Agency in writing no
later than October 1, 2015.
(3) The Agency's final report, which shall be issued no
later than February 1, 2016, shall be submitted to the
Governor and the General Assembly and shall include
specific recommendations for any necessary or appropriate
modifications to the program.
(k) Through December 31, 2019, any Any violation of this
Act shall be enforceable by administrative citation. Whenever
the Agency personnel or county personnel to whom the Agency has
delegated the authority to monitor compliance with this Act
shall, on the basis of direct observation, determine that any
person has violated any provision of this Act, the Agency or
county personnel may issue and serve, within 60 days after the
observed violation, an administrative citation upon that
person or the entity employing that person. Each citation shall
be served upon the person named or the person's authorized
agent for service of process and shall include the following:
(1) a statement specifying the provisions of this Act
that the person or the entity employing the person has
violated;
(2) a copy of the inspection report in which the Agency
or local government recorded the violation and the date and
time of the inspection;
(3) the penalty imposed under Section 80; and
(4) an affidavit by the personnel observing the
violation, attesting to their material actions and
observations.
(l) If the person named in the administrative citation
fails to petition the Illinois Pollution Control Board for
review within 35 days after the date of service, the Board
shall adopt a final order, which shall include the
administrative citation and findings of violation as alleged in
the citation and shall impose the penalty specified in Section
80.
(m) If a petition for review is filed with the Board to
contest an administrative citation issued under this Section,
the Agency or unit of local government shall appear as a
complainant at a hearing before the Board to be conducted
pursuant to subsection (n) of this Section at a time not less
than 21 days after notice of the hearing has been sent by the
Board to the Agency or unit of local government and the person
named in the citation. In those hearings, the burden of proof
shall be on the Agency or unit of local government. If, based
on the record, the Board finds that the alleged violation
occurred, it shall adopt a final order, which shall include the
administrative citation and findings of violation as alleged in
the citation, and shall impose the penalty specified in Section
80 of this Act. However, if the Board finds that the person
appealing the citation has shown that the violation resulted
from uncontrollable circumstances, the Board shall adopt a
final order that makes no finding of violation and imposes no
penalty.
(n) All hearings under this Act shall be held before a
qualified hearing officer, who may be attended by one or more
members of the Board, designated by the Chairman. All of these
hearings shall be open to the public, and any person may submit
written statements to the Board in connection with the subject
of these hearings. In addition, the Board may permit any person
to offer oral testimony. Any party to a hearing under this
subsection may be represented by counsel, make oral or written
argument, offer testimony, cross-examine witnesses, or take
any combination of those actions. All testimony taken before
the Board shall be recorded stenographically. The transcript so
recorded and any additional matter accepted for the record
shall be open to public inspection, and copies of those
materials shall be made available to any person upon payment of
the actual cost of reproducing the original.
(o) Through December 31, 2019, counties Counties that have
entered into a delegation agreement with the Agency pursuant to
subsection (r) of Section 4 of the Illinois Environmental
Protection Act for the purpose of conducting inspection,
investigation, or enforcement-related functions may conduct
inspections for noncompliance with this Act.
(Source: P.A. 98-714, eff. 7-16-14; 99-13, eff. 7-10-15.)
(415 ILCS 150/30)
Sec. 30. Manufacturer responsibilities.
(a) Prior to April 1, 2009 for the first program year, and
by October 1 for program year 2011 and each program year
thereafter, through program year 2018, manufacturers who sell
computers, computer monitors, printers, televisions,
electronic keyboards, facsimile machines, videocassette
recorders, portable digital music players, digital video disc
players, video game consoles, electronic mice, scanners,
digital converter boxes, cable receivers, satellite receivers,
digital video disc recorders, or small-scale servers in this
State must register with the Agency. The registration must be
submitted in the form and manner required by the Agency. The
registration must include, without limitation, all of the
following:
(1) a list of all of the manufacturer's brands of
computers, computer monitors, printers, televisions,
electronic keyboards, facsimile machines, videocassette
recorders, portable digital music players, digital video
disc players, video game consoles, electronic mice,
scanners, digital converter boxes, cable receivers,
satellite receivers, digital video disc recorders, and
small-scale servers to be offered for sale in the next
program year;
(2) (blank); and
(3) a statement disclosing whether any of the
manufacturer's computers, computer monitors, printers,
televisions, electronic keyboards, facsimile machines,
videocassette recorders, portable digital music players,
digital video disc players, video game consoles,
electronic mice, scanners, digital converter boxes, cable
receivers, satellite receivers, digital video disc
recorders, or small-scale servers sold in this State exceed
the maximum concentration values established for lead,
mercury, cadmium, hexavalent chromium, polybrominated
biphenyls (PBBs), and polybrominated diphenyl ethers
(PBDEEs) under the RoHS (restricting the use of certain
hazardous substances in electrical and electronic
equipment) Directive 2002/95/EC of the European Parliament
and Council and any amendments thereto and, if so, an
identification of the aforementioned electronic device
that exceeds the directive.
If, during the program year, any of the manufacturer's
aforementioned electronic devices are sold or offered for sale
in Illinois under a new brand that is not listed in the
manufacturer's registration, then, within 30 days after the
first sale or offer for sale under the new brand, the
manufacturer must amend its registration to add the new brand.
(b) Prior to July 1, 2009 for the first program year, and
by the November 1 preceding each program year thereafter,
through program year 2018 years 2011 and later, all
manufacturers whose computers, computer monitors, printers,
televisions, electronic keyboards, facsimile machines,
videocassette recorders, portable digital music players,
digital video disc players, video game consoles, electronic
mice, scanners, digital converter boxes, cable receivers,
satellite receivers, digital video disc recorders, or
small-scale servers are offered for sale in the State shall
submit to the Agency, at an address prescribed by the Agency,
the registration fee for the next program year. The
registration fee for program year 2010 is $5,000. The
registration fee for program year 2011 is $5,000, increased by
the applicable inflation factor as described below. In program
year 2012, if, in program year 2011, a manufacturer sold 250 or
fewer of the aforementioned electronic devices in the State,
then the registration fee for that manufacturer is $1,250. In
each program year after 2012, if, in the preceding program
year, a manufacturer sold 250 or fewer of the aforementioned
electronic devices in the State, then the registration fee is
the fee that applied in the previous year to manufacturers that
sold that number of the aforementioned electronic devices,
increased by the applicable inflation factor as described
below. In program year 2012, if, in the preceding program year
a manufacturer sold 251 or more of the aforementioned
electronic devices in the State, then the registration fee for
that manufacturer is $5,000. In each program year after 2012
through program year 2018, if, in the preceding program year, a
manufacturer sold 251 or more of the aforementioned electronic
devices in the State, then the registration fee is the fee that
applied in the previous year to manufacturers that sold that
number of the aforementioned electronic devices, increased by
the applicable inflation factor as described below. For program
year 2011, program year 2013, and each program year thereafter,
through program year 2018, the applicable registration fee is
increased each year by an inflation factor determined by the
annual Implicit Price Deflator for Gross National Product, as
published by the U.S. Department of Commerce in its Survey of
Current Business. The inflation factor must be calculated each
year by dividing the latest published annual Implicit Price
Deflator for Gross National Product by the annual Implicit
Price Deflator for Gross National Product for the previous
year. The inflation factor must be rounded to the nearest
1/100th, and the resulting registration fee must be rounded to
the nearest whole dollar. No later than October 1 of each
program year, through October 1, 2017, the Agency shall post on
its website the registration fee for the next program year.
(c) Through program year 2018, a A manufacturer whose
computers, computer monitors, printers, televisions,
electronic keyboards, facsimile machines, videocassette
recorders, portable digital music players, digital video disc
players, video game consoles, electronic mice, scanners,
digital converter boxes, cable receivers, satellite receivers,
digital video disc recorders, or small-scale servers are sold
or offered for sale in this State on or after January 1 of a
program year must register with the Agency within 30 days after
the first sale or offer for sale in accordance with subsection
(a) of this Section and submit the registration fee required
under subsection (b) of this Section prior to the
aforementioned electronic devices being sold or offered for
sale.
(d) Through program year 2018, each Each manufacturer shall
recycle or process for reuse CEDs and EEDs whose total weight
equals or exceeds the manufacturer's individual recycling and
reuse goal set forth in Section 15 of this Act. Individual
consumers shall not be charged a fee when bringing their CEDs
and EEDs to collection locations, unless a financial incentive
of equal or greater value, such as a coupon, is provided.
Collectors may charge a fee for premium services such as
curbside collection, home pick-up, or a similar method of
collection.
When determining whether a manufacturer has met or exceeded
its individual recycling and reuse goal set forth in Section 15
of this Act, all of the following adjustments must be made:
(1) The total weight of CEDs processed by the
manufacturer, its recyclers, or its refurbishers for reuse
is doubled.
(2) The total weight of CEDs is tripled if they are
donated for reuse by the manufacturer to a primary or
secondary public education institution the majority of
whose students are considered low income or
developmentally disabled or to low-income children or
families or to assist the developmentally disabled in
Illinois. This subsection applies only to CEDs for which
the manufacturer has received a written confirmation that
the recipient has accepted the donation. Copies of all
written confirmations must be submitted in the annual
report required under Section 30.
(3) The total weight of CEDs collected by manufacturers
free of charge in underserved counties is doubled. This
subsection applies only to CEDs that are documented by
collectors as being collected or received free of charge in
underserved counties. This documentation must include,
without limitation, the date and location of collection or
receipt, the weight of the CEDs collected or received, and
an acknowledgement by the collector that the CEDs were
collected or received free of charge. Copies of the
documentation must be submitted in the annual report
required under subsection (h), (i), (j), (k), or (l) of
Section 30.
(4) If an entity (i) collects, recycles, or refurbishes
CEDs for a manufacturer, (ii) qualifies for non-profit
status under Section 501(c)(3) of the Internal Revenue Code
of 1986, and (iii) at least 75% of its employees are
developmentally disabled, then the total weight of CEDs
will be tripled. A manufacturer that uses such a recycler
or refurbisher shall submit documentation in the annual
report required under Section 30 identifying the name,
location, and length of service of the entity that
qualifies for credit under this subsection.
(e) (Blank).
(f) Through program year 2018, manufacturers Manufacturers
shall ensure that only recyclers and refurbishers that have
registered with the Agency are used to meet the individual
recycling and reuse goals set forth in this Act.
(g) Through program year 2018, manufacturers Manufacturers
shall ensure that the recyclers and refurbishers used to meet
the individual recycling and reuse goals set forth in this Act
shall, at a minimum, comply with the standards set forth under
subsection (d) of Section 50 of this Act. By November 1, 2011
and every November 1 thereafter, through November 1, 2017,
manufacturers shall submit a document, as prescribed by the
Agency, listing each registered recycler and refurbisher that
will be used to meet the manufacturer's annual CED recycling
and reuse goal and certifying that those recyclers or
refurbishers comply with the standards set forth in subsection
(d) of Section 50.
(h) By September 1, 2012 and every September 1 thereafter,
through September 1, 2017, manufacturers of computers,
computer monitors, printers, televisions, electronic
keyboards, facsimile machines, videocassette recorders,
portable digital music players, digital video disc players,
video game consoles, electronic mice, scanners, digital
converter boxes, cable receivers, satellite receivers, digital
video disc recorders, or small-scale servers shall submit to
the Agency, in the form and manner required by the Agency, a
report that contains the total weight of the aforementioned
electronic devices sold under each of the manufacturer's brands
to individuals in this State as calculated under subsection (c)
and (c-5) of Section 15, as applicable. Each manufacturer shall
indicate on the report whether the total weight of the
aforementioned electronic devices was derived from its own
sales records or national sales data. If a manufacturer's
weight for aforementioned electronic devices is derived from
national sales data, the manufacturer shall indicate the source
of the sales data.
(i) (Blank).
(j) (Blank).
(k) (Blank).
(l) On or before January 31, 2013 and on or before every
January 31 thereafter, through January 31, 2019, manufacturers
of computers, computer monitors, printers, televisions,
electronic keyboards, facsimile machines, videocassette
recorders, portable digital music players, digital video disc
players, video game consoles, electronic mice, scanners,
digital converter boxes, cable receivers, satellite receivers,
digital video disc recorders, and small-scale servers shall
submit to the Agency, on forms and in a format prescribed by
the Agency, a report that contains all of the following
information for the previous program year:
(1) The total weight of computers, the total weight of
computer monitors, the total weight of printers, facsimile
machines, and scanners, the total weight of televisions,
the total weight of the remaining CEDs, and the total
weight of EEDs recycled or processed for reuse.
(2) The identification of all weights that are adjusted
under subsection (d) of this Section. For all weights
adjusted under item (2) of subsection (d), the manufacturer
must include copies of the written confirmation required
under that subsection.
(3) A list of each recycler, refurbisher, and collector
used by the manufacturer to fulfill the manufacturer's
individual recycling and reuse goal set forth in
subsections (c) and (c-5) of Section 15 of this Act.
(4) A summary of the manufacturer's consumer education
program required under subsection (m) of this Section.
(m) Through program year 2018, manufacturers Manufacturers
must develop and maintain a consumer education program that
complements and corresponds to the primary retailer-driven
campaign required under Section 40 of this Act. The education
program shall promote the recycling of electronic products and
proper end-of-life management of the products by consumers.
(n) Beginning January 1, 2012, and through December 31,
2018, no manufacturer may sell a computer, computer monitor,
printer, television, electronic keyboard, facsimile machine,
videocassette recorder, portable digital music player, digital
video disc player, video game console, electronic mouse,
scanner, digital converter box, cable receiver, satellite
receiver, digital video disc recorder, or small-scale server in
this State unless the manufacturer is registered with the State
as required under this Act, has paid the required registration
fee, and is otherwise in compliance with the provisions of this
Act.
(o) Beginning January 1, 2012, and through December 31,
2018, no manufacturer may sell a computer, computer monitor,
printer, television, electronic keyboard, facsimile machine,
videocassette recorder, portable digital music player, digital
video disc player, video game console, electronic mouse,
scanner, digital converter box, cable receiver, satellite
receiver, digital video disc recorder, or small-scale server in
this State unless the manufacturer's brand name is permanently
affixed to, and is readily visible on, the computer, computer
monitor, printer, or television.
(Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.)
(415 ILCS 150/40)
Sec. 40. Retailer responsibilities.
(a) Through program year 2018, retailers Retailers shall be
a primary source of information about end-of-life options to
residential consumers of computers, computer monitors,
printers, and televisions. At the time of sale, the retailer
shall provide each residential consumer with information from
the Agency's website that provides information detailing where
and how a consumer can recycle a CED or return a CED for reuse.
(b) Beginning January 1, 2010, and through December 31,
2018, no retailer may sell or offer for sale any computer,
computer monitor, printer, or television in or for delivery
into this State unless:
(1) the computer, computer monitor, printer, or
television is labeled with a brand and the label is
permanently affixed and readily visible; and
(2) the manufacturer is registered with the Agency and
has paid the required registration fee as required under
Section 20 of this Act.
This subsection (b) does not apply to any computer, computer
monitor, printer, or television that was purchased prior to
January 1, 2010.
(c) By July 1, 2009, retailers shall report to each
television manufacturer, by model, the number of televisions
sold at retail to individuals in this State under each of the
manufacturer's brands during the 6-month period from October 1,
2008 through March 31, 2009.
(d) (Blank).
(e) (Blank).
(f) Notwithstanding any other provision in this Act, a
retailer may collect a fee for any CED or EED accepted.
(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
(415 ILCS 150/50)
Sec. 50. Recycler and refurbisher registration.
(a) Prior to January 1 of each program year, through
program year 2018, each recycler and refurbisher must register
with the Agency and submit a registration fee pursuant to
subsection (b) for that program year. Registration must be on
forms and in a format prescribed by the Agency and shall
include, but not be limited to, the address of each location
where the recycler or refurbisher manages CEDs or EEDs and
identification of each location at which the recycler or
refurbisher accepts CEDs or EEDs from a residence.
(b) The registration fee for program year 2010 is $2,000.
For program year 2011, if a recycler's or refurbisher's annual
combined total weight of CEDs and EEDs is less than 1,000 tons
per year, the registration fee shall be $500. For program year
2012 and for all subsequent program years, through program year
2018, both registration fees shall be increased each year by an
inflation factor determined by the annual Implicit Price
Deflator for Gross National Product as published by the U.S.
Department of Commerce in its Survey of Current Business. The
inflation factor must be calculated each year by dividing the
latest published annual Implicit Price Deflator for Gross
National Product by the annual Implicit Price Deflator for
Gross National Product for the previous year. The inflation
factor must be rounded to the nearest 1/100th, and the
resulting registration fee must be rounded to the nearest whole
dollar. No later than October 1 of each program year, through
October 1, 2017, the Agency shall post on its website the
registration fee for the next program year.
(c) Through program year 2018, no No person may act as a
recycler or a refurbisher of CEDs for a manufacturer obligated
to meet goals under this Act unless the recycler or refurbisher
is registered with the Agency and has paid the registration fee
as required under this Section. Beginning in program year 2016,
and through program year 2018, all recycling or refurbishing
facilities used by collectors of CEDs and EEDs shall be
accredited by the Responsible Recycling (R2) Practices or
e-Stewards certification programs or any other equivalent
certification programs recognized by the United States
Environmental Protection Agency. Manufacturers of CEDs and
EEDs shall ensure that recycling or refurbishing facilities
used as part of their recovery programs meet this requirement.
(c-5) Through program year 2018, a A registered recycler or
refurbisher of CEDs and EEDs for a manufacturer obligated to
meet goals under this Act may not charge individual consumers
or units of local government acting as collectors a fee to
recycle or refurbish CEDs and EEDs, unless the recycler or
refurbisher provides (i) a financial incentive, such as a
coupon, that is of greater or equal value to the fee being
charged or (ii) premium service, such as curbside collection,
home pick-up, or similar methods of collection. Local units of
government serving as collectors of CEDs and EEDs shall not
charge a manufacturer for collection costs and shall offer the
manufacturer or its representative all CEDs and EEDs collected
by the local government at no cost. Nothing in this Act
requires a local unit of government to serve as a collector.
(c-10) Nothing in this Act prohibits any waste hauler from
entering into a contractual agreement with a unit of local
government to establish a collection program for the recycling
or reuse of CEDs or EEDs, including services such as curbside
collection, home pick-up, drop-off locations, or similar
methods of collection.
(d) Through program year 2018, recyclers Recyclers and
refurbishers must, at a minimum, comply with all of the
following:
(1) Recyclers and refurbishers must comply with
federal, State, and local laws and regulations, including
federal and State minimum wage laws, specifically relevant
to the handling, processing, refurbishing and recycling of
residential CEDs and must have proper authorization by all
appropriate governing authorities to perform the handling,
processing, refurbishment, and recycling.
(2) Recyclers and refurbishers must implement the
appropriate measures to safeguard occupational and
environmental health and safety, through the following:
(A) environmental health and safety training of
personnel, including training with regard to material
and equipment handling, worker exposure, controlling
releases, and safety and emergency procedures;
(B) an up-to-date, written plan for the
identification and management of hazardous materials;
and
(C) an up-to-date, written plan for reporting and
responding to exceptional pollutant releases,
including emergencies such as accidents, spills,
fires, and explosions.
(3) Recyclers and refurbishers must maintain (i)
commercial general liability insurance or the equivalent
corporate guarantee for accidents and other emergencies
with limits of not less than $1,000,000 per occurrence and
$1,000,000 aggregate and (ii) pollution legal liability
insurance with limits not less than $1,000,000 per
occurrence for companies engaged solely in the dismantling
activities and $5,000,000 per occurrence for companies
engaged in recycling.
(4) Recyclers and refurbishers must maintain on file
documentation that demonstrates the completion of an
environmental health and safety audit completed and
certified by a competent internal and external auditor
annually. A competent auditor is an individual who, through
professional training or work experience, is appropriately
qualified to evaluate the environmental health and safety
conditions, practices, and procedures of the facility.
Documentation of auditors' qualifications must be
available for inspection by Agency officials and
third-party auditors.
(5) Recyclers and refurbishers must maintain on file
proof of workers' compensation and employers' liability
insurance.
(6) Recyclers and refurbishers must provide adequate
assurance (such as bonds or corporate guarantee) to cover
environmental and other costs of the closure of the
recycler or refurbisher's facility, including cleanup of
stockpiled equipment and materials.
(7) Recyclers and refurbishers must apply due
diligence principles to the selection of facilities to
which components and materials (such as plastics, metals,
and circuit boards) from CEDs and EEDs are sent for reuse
and recycling.
(8) Recyclers and refurbishers must establish a
documented environmental management system that is
appropriate in level of detail and documentation to the
scale and function of the facility, including documented
regular self-audits or inspections of the recycler or
refurbisher's environmental compliance at the facility.
(9) Recyclers and refurbishers must use the
appropriate equipment for the proper processing of
incoming materials as well as controlling environmental
releases to the environment. The dismantling operations
and storage of CED and EED components that contain
hazardous substances must be conducted indoors and over
impervious floors. Storage areas must be adequate to hold
all processed and unprocessed inventory. When heat is used
to soften solder and when CED and EED components are
shredded, operations must be designed to control indoor and
outdoor hazardous air emissions.
(10) Recyclers and refurbishers must establish a
system for identifying and properly managing components
(such as circuit boards, batteries, CRTs, and mercury
phosphor lamps) that are removed from CEDs and EEDs during
disassembly. Recyclers and refurbishers must properly
manage all hazardous and other components requiring
special handling from CEDs and EEDs consistent with
federal, State, and local laws and regulations. Recyclers
and refurbishers must provide visible tracking (such as
hazardous waste manifests or bills of lading) of hazardous
components and materials from the facility to the
destination facilities and documentation (such as
contracts) stating how the destination facility processes
the materials received. No recycler or refurbisher may
send, either directly or through intermediaries, hazardous
wastes to solid waste (non-hazardous waste) landfills or to
non-hazardous waste incinerators for disposal or energy
recovery. For the purpose of these guidelines, smelting of
hazardous wastes to recover metals for reuse in conformance
with all applicable laws and regulations is not considered
disposal or energy recovery.
(11) Recyclers and refurbishers must use a regularly
implemented and documented monitoring and record-keeping
program that tracks inbound CED and EED material weights
(total) and subsequent outbound weights (total to each
destination), injury and illness rates, and compliance
with applicable permit parameters including monitoring of
effluents and emissions. Recyclers and refurbishers must
maintain contracts or other documents, such as sales
receipts, suitable to demonstrate: (i) the reasonable
expectation that there is a downstream market or uses for
designated electronics (which may include recycling or
reclamation processes such as smelting to recover metals
for reuse); and (ii) that any residuals from recycling or
reclamation processes, or both, are properly handled and
managed to maximize reuse and recycling of materials to the
extent practical.
(12) Recyclers and refurbishers must comply with
federal and international law and agreements regarding the
export of used products or materials. In the case of
exports of CEDs and EEDs, recyclers and refurbishers must
comply with applicable requirements of the U.S. and of the
import and transit countries and must maintain proper
business records documenting its compliance. No recycler
or refurbisher may establish or use intermediaries for the
purpose of circumventing these U.S. import and transit
country requirements.
(13) Recyclers and refurbishers that conduct
transactions involving the transboundary shipment of used
CEDs and EEDs shall use contracts (or the equivalent
commercial arrangements) made in advance that detail the
quantity and nature of the materials to be shipped. For the
export of materials to a foreign country (directly or
indirectly through downstream market contractors): (i) the
shipment of intact televisions and computer monitors
destined for reuse must include only whole products that
are tested and certified as being in working order or
requiring only minor repair (e.g. not requiring the
replacement of circuit boards or CRTs), must be destined
for reuse with respect to the original purpose, and the
recipient must have verified a market for the sale or
donation of such product for reuse; (ii) the shipments of
CEDs and EEDs for material recovery must be prepared in a
manner for recycling, including, without limitation,
smelting where metals will be recovered, plastics recovery
and glass-to-glass recycling; or (iii) the shipment of CEDs
and EEDs are being exported to companies or facilities that
are owned or controlled by the original equipment
manufacturer.
(14) Recyclers and refurbishers must maintain the
following export records for each shipment on file for a
minimum of 3 years: (i) the facility name and the address
to which shipment is exported; (ii) the shipment contents
and volumes; (iii) the intended use of contents by the
destination facility; (iv) any specification required by
the destination facility in relation to shipment contents;
(v) an assurance that all shipments for export, as
applicable to the CED manufacturer, are legal and satisfy
all applicable laws of the destination country.
(15) Recyclers and refurbishers must employ
industry-accepted procedures for the destruction or
sanitization of data on hard drives and other data storage
devices. Acceptable guidelines for the destruction or
sanitization of data are contained in the National
Institute of Standards and Technology's Guidelines for
Media Sanitation or those guidelines certified by the
National Association for Information Destruction;
(16) No recycler or refurbisher may employ prison labor
in any operation related to the collection,
transportation, recycling, and refurbishment of CEDs and
EEDs. No recycler or refurbisher may employ any third party
that uses or subcontracts for the use of prison labor.
(Source: P.A. 99-13, eff. 7-10-15.)
(415 ILCS 150/55)
Sec. 55. Collector responsibilities.
(a) No later than January 1 of each program year, through
program year 2018, collectors that collect or receive CEDs or
EEDs for one or more manufacturers, recyclers, or refurbishers
shall register with the Agency. Registration must be in the
form and manner required by the Agency and must include,
without limitation, the address of each location where CEDs or
EEDs are received and the identification of each location at
which the collector accepts CEDs or EEDs from a residence.
Beginning January 1, 2016, and through December 31, 2018,
collectors shall work only with certified recyclers and
refurbishers as provided in subsection (c) of Section 50 of
this Act.
(b) Through program year 2018, manufacturers
Manufacturers, recyclers, refurbishers also acting as
collectors shall so indicate on their registration under
Section 30 or 50 and not register separately as collectors.
(c) No later than August 15, 2010, collectors must submit
to the Agency, on forms and in a format prescribed by the
Agency, a report for the period from January 1, 2010 through
June 30, 2010 that contains the following information: the
total weight of computers, the total weight of computer
monitors, the total weight of printers, the total weight of
televisions, and the total weight of EEDs collected or received
for each manufacturer.
(d) By January 31 of each program year, through January 31,
2019, collectors must submit to the Agency, on forms and in a
format prescribed by the Agency, a report that contains the
following information for the previous program year:
(1) The total weight of computers, the total weight of
computer monitors, the total weight of printers, facsimile
machines, and scanners, the total weight of televisions,
the total weight of the remaining CEDs collected, and the
total weight of EEDs collected or received for each
manufacturer during the previous program year.
(2) A list of each recycler and refurbisher that
received CEDs and EEDs from the collector and the total
weight each recycler and refurbisher received.
(3) The address of each collector's facility where the
CEDs and EEDs were collected or received. Each facility
address must include the county in which the facility is
located.
(e) Through program year 2018, collectors Collectors may
accept no more than 10 CEDs or EEDs at one time from individual
members of the public and, when scheduling collection events,
shall provide no fewer than 30 days' notice to the county waste
agency of those events.
(f) Through program year 2018, no No collector of CEDs and
EEDs may recycle, or refurbish for reuse or resale, CEDs or
EEDs to a third party unless the collector registers as a
recycler or refurbisher pursuant to Section 50 and pays the
registration fee pursuant to Section 50.
(Source: P.A. 98-714, eff. 7-16-14; 99-13, eff. 7-10-15.)
(415 ILCS 150/60)
Sec. 60. Collection strategy for underserved counties.
(a) For program year 2010 and 2011, all counties in this
State except the following are considered underserved:
Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock,
Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston,
Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock
Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren,
Will, Williamson, and Winnebago.
(b) For program year 2012 and each program year thereafter,
through program year 2018, underserved counties shall be those
counties within the State of Illinois with a population density
of 190 persons or less per square mile based on the most recent
U.S. Census population estimate.
(Source: P.A. 97-287, eff. 8-10-11.)
(415 ILCS 150/85)
Sec. 85. Electronics Recycling Fund. The Electronics
Recycling Fund is created as a special fund in the State
treasury. The Agency shall deposit all registration fees
received under this Act into the Fund. All amounts held in the
Fund shall be invested at interest by the State Treasurer. All
income earned from the investments shall be deposited into the
Electronics Recycling Fund no less frequently than quarterly.
Pursuant to appropriation, all moneys in the Electronics
Recycling Fund may be used by the Agency for its administration
of this Act and the Consumer Electronics Recycling Act. Any
moneys appropriated from the Electronics Recycling Fund, but
not obligated, shall revert to the Fund. On July 1, 2018, the
Comptroller shall order transferred, and the Treasurer shall
transfer, all unexpended moneys in the Electronics Recycling
Fund into the Solid Waste Management Fund. On December 31,
2019, the Comptroller shall order transferred, and the
Treasurer shall transfer, any remaining balance in the
Electronics Recycling Fund into the Solid Waste Management
Fund.
(Source: P.A. 95-959, eff. 9-17-08.)
(415 ILCS 150/100 new)
Sec. 100. Repeal. This Act is repealed on January 1, 2019.
ARTICLE 98. SEVERABILITY
Section 98-5. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
ARTICLE 99. EFFECTIVE DATE
Section 99-999. Effective date. This Act takes effect upon
becoming law, except that Section 5-5 takes effect on January
1, 2020.
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