Bill Text: IL SB1417 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | ARTICLE 1. CONSUMER ELECTRONICS RECYCLING ACT | ||||||
5 | Section 1-1. Short title. This Act may be cited as the | ||||||
6 | Consumer Electronics Recycling Act. References in this Article | ||||||
7 | to "this Act" mean this Article.
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8 | Section 1-5. Definitions. As used in this Act: | ||||||
9 | "Agency" means the Illinois Environmental Protection | ||||||
10 | Agency. | ||||||
11 | "Best practices" means standards for collecting and | ||||||
12 | preparing items for shipment and recycling. "Best practices" | ||||||
13 | may include standards for packaging for transport, load size, | ||||||
14 | acceptable load contamination levels, non-CED items included | ||||||
15 | in a load, and other standards as determined under Section 1-85 | ||||||
16 | of this Act. "Best practices" shall consider the desired intent | ||||||
17 | to preserve existing collection programs and relationships | ||||||
18 | when possible. | ||||||
19 | "Collector" means a person who collects residential CEDs at | ||||||
20 | any program collection site or one-day collection event and | ||||||
21 | prepares them for transport. | ||||||
22 | "Computer", often referred to as a "personal computer" or |
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1 | "PC", means a desktop or notebook computer as further defined | ||||||
2 | below and used only in a residence, but does not mean an | ||||||
3 | automated typewriter, electronic printer, mobile telephone, | ||||||
4 | portable hand-held calculator, portable digital assistant | ||||||
5 | (PDA), MP3 player, or other similar device. "Computer" does not | ||||||
6 | include computer peripherals, commonly known as cables, mouse, | ||||||
7 | or keyboard. "Computer" is further defined as either: | ||||||
8 | (1) "Desktop computer", which means an electronic,
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9 | magnetic, optical, electrochemical, or other high-speed | ||||||
10 | data processing device performing logical, arithmetic, or | ||||||
11 | storage functions for general purpose needs that are met | ||||||
12 | through interaction with a number of software programs | ||||||
13 | contained therein, and that is not designed to exclusively | ||||||
14 | perform a specific type of logical, arithmetic, or storage | ||||||
15 | function or other limited or specialized application. | ||||||
16 | Human interface with a desktop computer is achieved through | ||||||
17 | a stand-alone keyboard, stand-alone monitor, or other | ||||||
18 | display unit, and a stand-alone mouse or other pointing | ||||||
19 | device, and is designed for a single user. A desktop | ||||||
20 | computer has a main unit that is intended to be | ||||||
21 | persistently located in a single location, often on a desk | ||||||
22 | or on the floor. A desktop computer is not designed for | ||||||
23 | portability and generally utilizes an external monitor, | ||||||
24 | keyboard, and mouse with an external or internal power | ||||||
25 | supply for a power source. Desktop computer does not | ||||||
26 | include an automated typewriter or typesetter; or |
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1 | (2) "Notebook computer", which means an electronic,
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2 | magnetic, optical, electrochemical, or other high-speed | ||||||
3 | data processing device performing logical, arithmetic, or | ||||||
4 | storage functions for general purpose needs that are met | ||||||
5 | through interaction with a number of software programs | ||||||
6 | contained therein, and that is not designed to exclusively | ||||||
7 | perform a specific type of logical, arithmetic, or storage | ||||||
8 | function or other limited or specialized application. | ||||||
9 | Human interface with a notebook computer is achieved | ||||||
10 | through a keyboard, video display greater than 4 inches in | ||||||
11 | size, and mouse or other pointing device, all of which are | ||||||
12 | contained within the construction of the unit that | ||||||
13 | comprises the notebook computer; supplemental stand-alone | ||||||
14 | interface devices typically can also be attached to the | ||||||
15 | notebook computer. Notebook computers can use external, | ||||||
16 | internal, or batteries for a power source. Notebook | ||||||
17 | computer does not include a portable hand-held calculator, | ||||||
18 | or a portable digital assistant or similar specialized | ||||||
19 | device. A notebook computer has an incorporated video | ||||||
20 | display greater than 4 inches in size and can be carried as | ||||||
21 | one unit by an individual. A notebook computer is sometimes | ||||||
22 | referred to as a laptop computer. | ||||||
23 | (3) "Tablet computer", which means an electronic,
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24 | magnetic, optical, electrochemical, or other high-speed | ||||||
25 | data processing device performing logical, arithmetic, or | ||||||
26 | storage functions for general purpose needs that are met |
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1 | through interaction with a number of software programs | ||||||
2 | contained therein, and that is not designed to exclusively | ||||||
3 | perform a specific type of logical, arithmetic, or storage | ||||||
4 | function or other limited or specialized application. | ||||||
5 | Human interface with a tablet computer is achieved through | ||||||
6 | a touch screen and video display screen greater than 6 | ||||||
7 | inches in size (all of which are contained within the unit | ||||||
8 | that comprises the tablet computer). Tablet computers may | ||||||
9 | use an external or internal power source. "Tablet computer" | ||||||
10 | does not include a portable hand-held calculator, a | ||||||
11 | portable digital assistant, or a similar specialized | ||||||
12 | device. | ||||||
13 | "Computer monitor" means an electronic device that is a | ||||||
14 | cathode-ray tube or flat panel display primarily intended to | ||||||
15 | display information from a computer and is used only in a | ||||||
16 | residence. | ||||||
17 | "County collection site" means a collection site owned or | ||||||
18 | operated by a county or operated by a third party on behalf of | ||||||
19 | a county. | ||||||
20 | "County recycling coordinator" means the individual who is | ||||||
21 | designated as the recycling coordinator for a county in a waste | ||||||
22 | management plan developed pursuant to the Solid Waste Planning | ||||||
23 | and Recycling Act. | ||||||
24 | "Covered electronic device" or "CED" means any computer, | ||||||
25 | computer monitor, television, printer, electronic keyboard, | ||||||
26 | facsimile machine, videocassette recorder, portable digital |
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1 | music player that has memory capability and is battery powered, | ||||||
2 | digital video disc player, video game console, electronic | ||||||
3 | mouse, scanner, digital converter box, cable receiver, | ||||||
4 | satellite receiver, digital video disc recorder, or | ||||||
5 | small-scale server sold at retail and taken out of service from | ||||||
6 | a residence in this State. "Covered electronic device" does not | ||||||
7 | include any of the following: | ||||||
8 | (1) an electronic device that is a part of a motor
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9 | vehicle or any component part of a motor vehicle assembled | ||||||
10 | by or for a vehicle manufacturer or franchised dealer, | ||||||
11 | including replacement parts for use in a motor vehicle; | ||||||
12 | (2) an electronic device that is functionally or
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13 | physically part of a larger piece of equipment or that is | ||||||
14 | taken out of service from an industrial, commercial | ||||||
15 | (including retail), library checkout, traffic control, | ||||||
16 | kiosk, security (other than household security), | ||||||
17 | governmental, agricultural, or medical setting, including | ||||||
18 | but not limited to diagnostic, monitoring, or control | ||||||
19 | equipment; or | ||||||
20 | (3) an electronic device that is contained within a
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21 | clothes washer, clothes dryer, refrigerator, refrigerator | ||||||
22 | and freezer, microwave oven, conventional oven or range, | ||||||
23 | dishwasher, room air conditioner, dehumidifier, water | ||||||
24 | pump, sump pump, or air purifier.
To the extent allowed | ||||||
25 | under federal and State laws and regulations, a CED that is | ||||||
26 | being collected, recycled, or processed for reuse is not |
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1 | considered to be hazardous waste, household waste, solid | ||||||
2 | waste, or special waste.
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3 | "Manufacturer" means a person, or a successor in interest | ||||||
4 | to a person, under whose brand or label a CED is or was sold at | ||||||
5 | retail. For any CED sold at retail under a brand or label that | ||||||
6 | is licensed from a person who is a mere brand owner and who | ||||||
7 | does not sell or produce a CED, the person who produced the CED | ||||||
8 | or his or her successor in interest is the manufacturer. For | ||||||
9 | any CED sold at retail under the brand or label of both the | ||||||
10 | retail seller and the person that produced the CED, the person | ||||||
11 | that produced the CED, or his or her successor in interest, is | ||||||
12 | the manufacturer. | ||||||
13 | "Manufacturer clearinghouse" means a group of 2 or more | ||||||
14 | manufacturers, representing at least 50% of the manufacturers' | ||||||
15 | total obligations under this Act for a program year, that are | ||||||
16 | cooperating with one another to collectively establish and | ||||||
17 | operate an e-waste program for the purpose of complying with | ||||||
18 | this Act. | ||||||
19 | "Manufacturer e-waste program" means any program | ||||||
20 | established, financed, and operated by a manufacturer, | ||||||
21 | individually or as part of a manufacturer clearinghouse, to | ||||||
22 | transport and subsequently recycle, in accordance with the | ||||||
23 | requirements of this Act, residential CEDs collected at program | ||||||
24 | collection sites and one-day collection events in accordance | ||||||
25 | with best practices. | ||||||
26 | "Municipal joint action agency" means a municipal joint |
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1 | action agency created under Section 3.2 of the | ||||||
2 | Intergovernmental Cooperation Act. | ||||||
3 | "One-day collection event" means a one-day event used as a | ||||||
4 | substitute for a program collection site pursuant to Section | ||||||
5 | 1-15 of this Act. | ||||||
6 | "Person" means an individual, partnership, co-partnership, | ||||||
7 | firm, company, limited liability company, corporation, | ||||||
8 | association, joint stock company, trust, estate, political | ||||||
9 | subdivision, State agency, or any other legal entity; or a | ||||||
10 | legal representative, agent, or assign of that entity. "Person" | ||||||
11 | includes a unit of local government. | ||||||
12 | "Printer" means desktop printers, multifunction printer | ||||||
13 | copiers, and printer/fax combinations taken out of service from | ||||||
14 | a residence that are designed to reside on a work surface, and | ||||||
15 | include various print technologies, including without | ||||||
16 | limitation laser and LED (electrographic), ink jet, dot matrix, | ||||||
17 | thermal, and digital sublimation, and "multi-function" or | ||||||
18 | "all-in-one" devices that perform different tasks, including | ||||||
19 | without limitation copying, scanning, faxing, and printing. | ||||||
20 | Printers do not include floor-standing printers, printers with | ||||||
21 | optional floor stand, point of sale (POS) receipt printers, | ||||||
22 | household printers such as a calculator with printing | ||||||
23 | capabilities or label makers, or non-stand-alone printers that | ||||||
24 | are embedded into products that are not CEDs. | ||||||
25 | "Program collection site" means a physical location that is | ||||||
26 | included in a manufacturer e-waste program and at which |
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1 | residential CEDs are collected and prepared for transport by a | ||||||
2 | collector during a program year in accordance with the | ||||||
3 | requirements of this Act. Except as otherwise provided in this | ||||||
4 | Act, "program collection" site does not include a retail | ||||||
5 | collection site. | ||||||
6 | "Program year" means a calendar year. The first program | ||||||
7 | year is 2019. | ||||||
8 | "Recycler" means any person who transports or subsequently | ||||||
9 | recycles residential CEDs that have been collected and prepared | ||||||
10 | for transport by a collector at any program collection site or | ||||||
11 | one-day collection event. | ||||||
12 | "Recycling" has the meaning provided under Section 3.380 of | ||||||
13 | the Environmental Protection Act. "Recycling" includes any | ||||||
14 | process by which residential CEDs that would otherwise be | ||||||
15 | disposed of or discarded are collected, separated, or processed | ||||||
16 | and returned to the economic mainstream in the form of raw | ||||||
17 | materials or products. | ||||||
18 | "Residence" means a dwelling place or home in which one or | ||||||
19 | more individuals live. | ||||||
20 | "Residential covered electronic device" or "residential | ||||||
21 | CED" means any covered electronic device taken out of service | ||||||
22 | from a residence in the State. | ||||||
23 | "Retail collection site" means a private sector collection | ||||||
24 | site operated by a retailer collecting on behalf of a | ||||||
25 | manufacturer. | ||||||
26 | "Retailer" means a person who first sells, through a sales |
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1 | outlet, catalogue, or the Internet, a covered electronic device | ||||||
2 | at retail to an individual for residential use or any permanent | ||||||
3 | establishment primarily where merchandise is displayed, held, | ||||||
4 | stored, or offered for sale to the public. | ||||||
5 | "Sale" means any retail transfer of title for consideration | ||||||
6 | of title including, but not limited to, transactions conducted | ||||||
7 | through sales outlets, catalogs, or the Internet or any other | ||||||
8 | similar electronic means. "Sale" does not include financing or | ||||||
9 | leasing. | ||||||
10 | "Small-scale server" means a computer that typically uses | ||||||
11 | desktop components in a desktop form designed primarily to | ||||||
12 | serve as a storage host for other computers. To be considered a | ||||||
13 | small-scale server, a computer must: be designed in a pedestal, | ||||||
14 | tower, or other form that is similar to that of a desktop | ||||||
15 | computer so that all data processing, storage, and network | ||||||
16 | interfacing is contained within one box or product; be designed | ||||||
17 | to be operational 24 hours per day and 7 days per week; have | ||||||
18 | very little unscheduled downtime, such as on the order of hours | ||||||
19 | per year; be capable of operating in a simultaneous multi-user | ||||||
20 | environment serving several users through networked client | ||||||
21 | units; and be designed for an industry-accepted operating | ||||||
22 | system for home or low-end server applications. | ||||||
23 | "Television" means an electronic device (i) containing a | ||||||
24 | cathode-ray tube or flat panel screen the size of which is | ||||||
25 | greater than 4 inches when measured diagonally, (ii) that is | ||||||
26 | intended to receive video programming via broadcast, cable, or |
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1 | satellite transmission or to receive video from surveillance or | ||||||
2 | other similar cameras, and (iii) that is used only in a | ||||||
3 | residence.
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4 | Section 1-10. Manufacturer e-waste program. | ||||||
5 | (a) For program year 2019 and each program year thereafter, | ||||||
6 | each manufacturer shall, individually or as part of a | ||||||
7 | manufacturer clearinghouse, provide a manufacturer e-waste | ||||||
8 | program to transport and subsequently recycle, in accordance | ||||||
9 | with the requirements of this Act, residential CEDs collected | ||||||
10 | at, and prepared for transport from, the program collection | ||||||
11 | sites and one-day collection events included in the program | ||||||
12 | during the program year. | ||||||
13 | (b) Each manufacturer e-waste program must include, at a | ||||||
14 | minimum, the following: | ||||||
15 | (1) satisfaction of the convenience standard described | ||||||
16 | in Section 1-15 of this Act; | ||||||
17 | (2) instructions for designated county recycling | ||||||
18 | coordinators and municipal joint action agencies to | ||||||
19 | annually file notice to participate in the program; | ||||||
20 | (3) transportation and subsequent recycling of the | ||||||
21 | residential CEDs collected at, and prepared for transport | ||||||
22 | from, the program collection sites and one-day collection | ||||||
23 | events included in the program during the program year; and | ||||||
24 | (4) submission of a report to the Agency, by January | ||||||
25 | 31, 2020, and each January 31 thereafter, which includes: |
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1 | (A) the total weight of all residential CEDs | ||||||
2 | transported from program collection sites and one-day | ||||||
3 | collection events throughout the State during the | ||||||
4 | preceding program year by CED category; | ||||||
5 | (B) the total weight of residential CEDs | ||||||
6 | transported from all program collection sites and | ||||||
7 | one-day collection events in each county in the State | ||||||
8 | during the preceding program year by CED category; and | ||||||
9 | (C) the total weight of residential CEDs | ||||||
10 | transported from all program collection sites and | ||||||
11 | one-day collection events in each county in the State | ||||||
12 | during that preceding program year and that was | ||||||
13 | recycled. | ||||||
14 | (c) The Agency shall make the instructions required under | ||||||
15 | paragraph (2) of subsection (b) available on the Agency's | ||||||
16 | website by December 1, 2017.
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17 | Section 1-15. Convenience standard for program collection | ||||||
18 | sites and one-day collection events. | ||||||
19 | (a) Beginning in 2019 each manufacturer e-waste program for | ||||||
20 | a program year must include, at a minimum, program collection | ||||||
21 | sites in the following quantities in counties that elect to | ||||||
22 | participate in the manufacturer e-waste program for the program | ||||||
23 | year:
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24 | (1) one program collection site in each county that has | ||||||
25 | elected to participate in the manufacturer e-waste program |
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1 | for the program year and that has a population density that | ||||||
2 | is less than 250 individuals per square mile;
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3 | (2) two program collection sites in each county that | ||||||
4 | has elected to participate in the manufacturer e-waste | ||||||
5 | program for the program year and that has a population | ||||||
6 | density that is greater than or equal to 250 individuals | ||||||
7 | per square mile but less than 500 individuals per square | ||||||
8 | mile;
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9 | (3) three program collection sites in each county that | ||||||
10 | has elected to participate in the manufacturer e-waste | ||||||
11 | program for the program year and that has a population | ||||||
12 | density that is greater than or equal to 500 individuals | ||||||
13 | per square mile but less than 750 individuals per square | ||||||
14 | mile;
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15 | (4) four program collection sites in each county that | ||||||
16 | has elected to participate in the manufacturer e-waste | ||||||
17 | program for the program year and that has a population | ||||||
18 | density that is greater than or equal to 750 individuals | ||||||
19 | per square mile but less than 1,000 individuals per square | ||||||
20 | mile;
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21 | (5) five program collection sites in each county that | ||||||
22 | has elected to participate in the manufacturer e-waste | ||||||
23 | program for the program year and that has a population | ||||||
24 | density that is greater than or equal to 1,000 individuals | ||||||
25 | per square mile but less than 5,000 individuals per square | ||||||
26 | mile; and
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1 | (6) ten program collection sites in each county that | ||||||
2 | has elected to participate in the manufacturer e-waste | ||||||
3 | program for the program year and that has a population | ||||||
4 | density that is greater than or equal to 5,000 individuals | ||||||
5 | per square mile.
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6 | If a municipality with a population of over 1,000,000 | ||||||
7 | residents notifies the program of the municipality's desire to | ||||||
8 | participate in the program, then that municipality shall | ||||||
9 | receive 15 program collection sites to be located in that | ||||||
10 | municipality in addition to county sites, which shall be | ||||||
11 | located outside of the municipality. | ||||||
12 | A designated county recycling coordinator may elect to | ||||||
13 | operate more than the required minimum number of collection | ||||||
14 | sites. | ||||||
15 | (b) Notwithstanding subsection (a) of this Section, the | ||||||
16 | county recycling coordinator for a county that elects to | ||||||
17 | participate in a manufacturer e-waste program may enter into a | ||||||
18 | written agreement with the operators of any manufacturer | ||||||
19 | e-waste program in order to do one or more of the following:
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20 | (1) to decrease the number of program collection sites | ||||||
21 | in the county for the program year;
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22 | (2) to substitute a program collection site in the | ||||||
23 | county with either (i) 4 one-day collection events in the | ||||||
24 | county or (ii) a different number of such events in the | ||||||
25 | county as may be provided in the written agreement;
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26 | (3) to substitute the location of a program collection |
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1 | site in the county for the program year with another | ||||||
2 | location in the county; or
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3 | (4) to substitute the location of a one-day collection | ||||||
4 | in the county with another location in the county.
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5 | An agreement made pursuant to paragraphs (1) or (2) of this | ||||||
6 | subsection (b) shall be reduced to writing and included in the | ||||||
7 | manufacturer e-waste program plan as required under subsection | ||||||
8 | (a) of Section 1-25 of this Act.
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9 | (c) To facilitate the equitable allocation of covered | ||||||
10 | electronic device collection and recycling obligations among | ||||||
11 | manufacturers participating in a manufacturer e-waste program, | ||||||
12 | beginning November 1, 2018 and by November 1 of each year | ||||||
13 | thereafter, the Agency shall determine each manufacturer's | ||||||
14 | collection obligation for each CED category that takes into | ||||||
15 | account the market share of a manufacturer so that the | ||||||
16 | manufacturer's obligations are allocated based on the weight of | ||||||
17 | the manufacturer's sales in each CED category, divided by the | ||||||
18 | weight of all sales in each CED category multiplied by the | ||||||
19 | proportion of the weight of CEDs in each CED category collected | ||||||
20 | from county collection sites used in the manufacturer's e-waste | ||||||
21 | program in the prior program year. The manufacturer's | ||||||
22 | collection obligation calculated in this subsection (c) shall | ||||||
23 | be expressed as a percentage. | ||||||
24 | (d) Nothing in this Act shall prevent a manufacturer from | ||||||
25 | using retail collection sites to satisfy the manufacturer's | ||||||
26 | obligations under this Section.
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1 | Section 1-20. Election to participate in manufacturer | ||||||
2 | e-waste programs. Beginning with program year 2019, a county | ||||||
3 | may elect to participate in a manufacturer e-waste program by | ||||||
4 | having the county recycling coordinator file with the | ||||||
5 | manufacturer e-waste program and the Agency, on or before March | ||||||
6 | 1, 2018, and on or before March 1 of each year thereafter for | ||||||
7 | the upcoming program year, a written notice of election to | ||||||
8 | participate in the program. The written notice shall include a | ||||||
9 | list of proposed collection locations likely to be available | ||||||
10 | and appropriate to support this program, and may include | ||||||
11 | locations already providing similar collection services. The | ||||||
12 | written notice may include a list of registered recyclers that | ||||||
13 | the county would prefer using for its collection sites or | ||||||
14 | one-day events. | ||||||
15 | County program coordinators may contract with registered | ||||||
16 | collectors to operate collection sites. Eligible registered | ||||||
17 | collectors are not limited to private companies and | ||||||
18 | non-government organizations. All collectors operating county | ||||||
19 | supervised programs shall abide by the standards in Section | ||||||
20 | 1-45. | ||||||
21 | Should a county elect not to participate in the program, a | ||||||
22 | municipal joint action agency, representing residents within a | ||||||
23 | certain geographic area in the non-participating county can | ||||||
24 | elect to participate in the e-waste program on behalf of the | ||||||
25 | residents of the municipal joint action agency.
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1 | Section 1-25. Manufacturer e-waste program plans. | ||||||
2 | (a) By July 1, 2018, and by July 1 of each year thereafter | ||||||
3 | for the upcoming program year, beginning with program year | ||||||
4 | 2019, each manufacturer shall, individually or as a | ||||||
5 | manufacturer clearinghouse, submit to the Agency a | ||||||
6 | manufacturer e-waste program plan and assume the financial | ||||||
7 | responsibility for bulk transportation, packaging materials | ||||||
8 | necessary to prepare shipments in compliance with best | ||||||
9 | practices, and recycling of collected CEDs, which includes, at | ||||||
10 | a minimum, the following:
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11 | (1) the contact information for the individual who will | ||||||
12 | serve as the point of contact for the manufacturer e-waste | ||||||
13 | program;
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14 | (2) the identity of each county that has elected to | ||||||
15 | participate in the manufacturer e-waste program during the | ||||||
16 | program year;
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17 | (3) for each county, the location of each program | ||||||
18 | collection site and one-day collection event included in | ||||||
19 | the manufacturer e-waste program for the program year;
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20 | (4) the collector operating each program collection | ||||||
21 | site and one-day collection event included in the | ||||||
22 | manufacturer e-waste program for the program year;
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23 | (5) the recyclers that manufacturers plan to use during | ||||||
24 | the program year to transport and subsequently recycle | ||||||
25 | residential CEDs under the program, with the updated list |
| |||||||
| |||||||
1 | of recyclers to be provided to the Agency no later than | ||||||
2 | December 1 preceding each program year; and
| ||||||
3 | (6) an explanation of any deviation by the program from | ||||||
4 | the standard program collection site distribution set | ||||||
5 | forth in subsection (a) of Section 1-15 of this Act for the | ||||||
6 | program year, along with copies of all written agreements | ||||||
7 | made pursuant to paragraphs (1) or (2) of subsection (b) of | ||||||
8 | Section 1-15 for the program year.
| ||||||
9 | (b) Within 60 days after receiving a manufacturer e-waste | ||||||
10 | program plan, the Agency shall review the plan and approve the | ||||||
11 | plan or disapprove the plan.
| ||||||
12 | (1) If the Agency determines that the program | ||||||
13 | collection sites and one-day collection events specified | ||||||
14 | in the plan will satisfy the convenience standard set forth | ||||||
15 | in Section 1-15 of this Act, then the Agency shall approve | ||||||
16 | the manufacturer e-waste program plan and provide written | ||||||
17 | notification of the approval to the individual who serves | ||||||
18 | as the point of contact for the manufacturer.
The Agency | ||||||
19 | shall post the approved plan on the Agency's website. | ||||||
20 | (2) If the Agency determines the plan will not satisfy | ||||||
21 | the convenience standard set forth in Section 1-15 of this | ||||||
22 | Act, then the Agency shall disapprove the manufacturer | ||||||
23 | e-waste program plan and provide written notification of | ||||||
24 | the disapproval and the reasons for the disapproval to the | ||||||
25 | individual who serves as the point of contact for the | ||||||
26 | manufacturer. Within 30 days after the date of disapproval, |
| |||||||
| |||||||
1 | the individual who serves as the point of contact for the | ||||||
2 | manufacturer shall submit a revised manufacturer e-waste | ||||||
3 | program plan that addresses the deficiencies noted in the | ||||||
4 | Agency's disapproval.
| ||||||
5 | Section 1-30. Manufacturer registration. | ||||||
6 | (a) By April 1, 2018, and by April 1 of each year | ||||||
7 | thereafter for the upcoming program year, beginning with | ||||||
8 | program year 2019, each manufacturer who sells CEDs in the | ||||||
9 | State must register with the Agency by: (i) submitting to the | ||||||
10 | Agency a $3,000 registration fee; and (ii) completing and | ||||||
11 | submitting to the Agency the registration form prescribed by | ||||||
12 | the Agency. Information on the registration form shall include, | ||||||
13 | without limitation, all of the following: | ||||||
14 | (1) a list of all of the brands and labels under which | ||||||
15 | the manufacturer's CEDs are sold or offered for sale in the | ||||||
16 | State; and | ||||||
17 | (2) the weight of all individual CEDs by category sold | ||||||
18 | or offered for sale under any of the manufacturer's brands | ||||||
19 | or labels in the United States during the calendar year 2 | ||||||
20 | years before the applicable program year. | ||||||
21 | If, during a program year, any of the manufacturer's CEDs | ||||||
22 | are sold or offered for sale in the State under a brand that is | ||||||
23 | not listed in the manufacturer's registration, then, within 30 | ||||||
24 | days after the first sale or offer for sale under that brand, | ||||||
25 | the manufacturer must amend its registration to add the brand. |
| |||||||
| |||||||
1 | All registration fees collected by the Agency pursuant to this | ||||||
2 | Section shall be deposited into the Solid Waste Management | ||||||
3 | Fund.
| ||||||
4 | (b) The Agency shall post on its website a list of all | ||||||
5 | registered manufacturers.
| ||||||
6 | (c) Beginning in program year 2019, a manufacturer whose | ||||||
7 | CEDs are sold or offered for sale in this State for the first | ||||||
8 | time on or after April 1 of a program year must register with | ||||||
9 | the Agency within 30 days after the date the CEDs are first | ||||||
10 | sold or offered for sale in the State.
| ||||||
11 | (d) Beginning in program year 2019, manufacturers shall | ||||||
12 | ensure that only recyclers that have registered with the Agency | ||||||
13 | and meet the recycler standards set forth in Section 1-40 are | ||||||
14 | used to transport or recycle residential CEDs collected at any | ||||||
15 | program collection site or one-day collection event.
| ||||||
16 | (e) Beginning in program year 2019, no manufacturer may | ||||||
17 | sell or offer for sale a CED in this State unless the | ||||||
18 | manufacturer is registered and operates a manufacturer program | ||||||
19 | either individually or as part of the manufacturer | ||||||
20 | clearinghouse as required in this Act.
| ||||||
21 | (f) Beginning in program year 2019, no manufacturer may | ||||||
22 | sell or offer for sale a CED in this State unless the | ||||||
23 | manufacturer's brand name is permanently affixed to, and is | ||||||
24 | readily visible on, the CED.
| ||||||
25 | Section 1-35. Retailer responsibilities. |
| |||||||
| |||||||
1 | (a) Beginning in program year 2019, no retailer who first | ||||||
2 | sells, through a sales outlet, catalogue, or the Internet, a | ||||||
3 | CED at retail to an individual for residential use may sell or | ||||||
4 | offer for sale any CED in or for delivery into this State | ||||||
5 | unless:
| ||||||
6 | (1) the CED is labeled with a brand, and the label is | ||||||
7 | permanently affixed and readily visible; and
| ||||||
8 | (2) the manufacturer is registered with the Agency at | ||||||
9 | the time the retailer purchases the CED.
| ||||||
10 | (b) A retailer shall be considered to have complied with | ||||||
11 | paragraphs (1) and (2) of subsection (a) if:
| ||||||
12 | (1) a manufacturer registers with the agency within 30 | ||||||
13 | days of a retailer taking possession of the manufacturer's | ||||||
14 | CED;
| ||||||
15 | (2) a manufacturer's registration expires and the | ||||||
16 | retailer ordered the CED prior to the expiration, in which | ||||||
17 | case the retailer may sell the CED, but only if the sale | ||||||
18 | takes place within 180 days of the expiration; or
| ||||||
19 | (3) a manufacturer is no longer conducting business and | ||||||
20 | has no successor in interest the retailer may sell any | ||||||
21 | orphan CED ordered prior to the discontinuation of | ||||||
22 | business.
| ||||||
23 | (c) Retailers shall not be considered collectors under the | ||||||
24 | convenience standard and retail collection sites shall not be | ||||||
25 | considered a collection site for the purposes of the | ||||||
26 | convenience standard pursuant to Sections 1-10, 1-15, and 1-25 |
| |||||||
| |||||||
1 | unless otherwise agreed to in writing by the retailer, | ||||||
2 | operators of the manufacture e-waste program, and the county | ||||||
3 | coordinator.
If retailers agree to participate in a county | ||||||
4 | program collection site, then the retailer collection site does | ||||||
5 | not have to collect all CEDs or register as a collector. | ||||||
6 | (d) Manufacturers may use retail collection sites for | ||||||
7 | satisfying some or all of their obligations pursuant to | ||||||
8 | Sections 1-10, 1-15 and 1-25.
| ||||||
9 | (e) Nothing in this Act shall prohibit a retailer from | ||||||
10 | collecting a fee for each CED collected.
| ||||||
11 | Section 1-40. Recycler responsibilities. | ||||||
12 | (a) By January 1, 2019, and by January 1 of each year | ||||||
13 | thereafter for that program year, beginning with program year | ||||||
14 | 2019, each recycler must register with the Agency by (i) | ||||||
15 | submitting to the Agency a $3,000 registration fee and (ii) | ||||||
16 | completing and submitting to the Agency the registration form | ||||||
17 | prescribed by the Agency. The registration form prescribed by | ||||||
18 | the Agency shall include, without limitation, the address of | ||||||
19 | each location where the recycler manages residential CEDs. All | ||||||
20 | registration fees collected by the Agency pursuant to this | ||||||
21 | Section shall be deposited into the Solid Waste Management | ||||||
22 | Fund.
| ||||||
23 | (b) The Agency shall post on the Agency's website a list of | ||||||
24 | all registered recyclers and the information requested by | ||||||
25 | subsection (d) of Section 1-40.
|
| |||||||
| |||||||
1 | (c) Beginning in program year 2019, no person may act as a | ||||||
2 | recycler of residential CEDs for a manufacturer's e-waste | ||||||
3 | program unless the recycler is registered with the Agency as | ||||||
4 | required under this Section.
| ||||||
5 | (d) Beginning in program year 2019, recyclers must, at a | ||||||
6 | minimum, comply with all of the following:
| ||||||
7 | (1) Recyclers must comply with federal, State, and | ||||||
8 | local laws and regulations, including federal and State | ||||||
9 | minimum wage laws, specifically relevant to the handling, | ||||||
10 | processing, and recycling of residential CEDs and must have | ||||||
11 | proper authorization by all appropriate governing | ||||||
12 | authorities to perform the handling, processing, and | ||||||
13 | recycling.
| ||||||
14 | (2) Recyclers must implement the appropriate measures | ||||||
15 | to safeguard occupational and environmental health and | ||||||
16 | safety, through the following:
| ||||||
17 | (A) environmental health and safety training of | ||||||
18 | personnel, including training with regard to material | ||||||
19 | and equipment handling, worker exposure, controlling | ||||||
20 | releases, and safety and emergency procedures;
| ||||||
21 | (B) an up-to-date, written plan for the | ||||||
22 | identification and management of hazardous materials; | ||||||
23 | and
| ||||||
24 | (C) an up-to-date, written plan for reporting and | ||||||
25 | responding to exceptional pollutant releases, | ||||||
26 | including emergencies such as accidents, spills, |
| |||||||
| |||||||
1 | fires, and explosions.
| ||||||
2 | (3) Recyclers must maintain (i) commercial general | ||||||
3 | liability insurance or the equivalent corporate guarantee | ||||||
4 | for accidents and other emergencies with limits of not less | ||||||
5 | than $1,000,000 per occurrence and $1,000,000 aggregate | ||||||
6 | and (ii) pollution legal liability insurance with limits | ||||||
7 | not less than $1,000,000 per occurrence for companies | ||||||
8 | engaged solely in the dismantling activities and | ||||||
9 | $5,000,000 per occurrence for companies engaged in | ||||||
10 | recycling.
| ||||||
11 | (4) Recyclers must maintain on file documentation that | ||||||
12 | demonstrates the completion of an environmental health and | ||||||
13 | safety audit completed and certified by a competent | ||||||
14 | internal and external auditor annually. A competent | ||||||
15 | auditor is an individual who, through professional | ||||||
16 | training or work experience, is appropriately qualified to | ||||||
17 | evaluate the environmental health and safety conditions, | ||||||
18 | practices, and procedures of the facility. Documentation | ||||||
19 | of auditors' qualifications must be available for | ||||||
20 | inspection by Agency officials and third-party auditors.
| ||||||
21 | (5) Recyclers must maintain on file proof of workers' | ||||||
22 | compensation and employers' liability insurance.
| ||||||
23 | (6) Recyclers must provide adequate assurance, such as | ||||||
24 | bonds or corporate guarantees, to cover environmental and | ||||||
25 | other costs of the closure of the recycler's facility, | ||||||
26 | including cleanup of stockpiled equipment and materials.
|
| |||||||
| |||||||
1 | (7) Recyclers must apply due diligence principles to | ||||||
2 | the selection of facilities to which components and | ||||||
3 | materials, such as plastics, metals, and circuit boards, | ||||||
4 | from residential CEDs are sent for reuse and recycling.
| ||||||
5 | (8) Recyclers must establish a documented | ||||||
6 | environmental management system that is appropriate in | ||||||
7 | level of detail and documentation to the scale and function | ||||||
8 | of the facility, including documented regular self-audits | ||||||
9 | or inspections of the recycler's environmental compliance | ||||||
10 | at the facility.
| ||||||
11 | (9) Recyclers must use the appropriate equipment for | ||||||
12 | the proper processing of incoming materials as well as | ||||||
13 | controlling environmental releases to the environment. The | ||||||
14 | dismantling operations and storage of residential CED | ||||||
15 | components that contain hazardous substances must be | ||||||
16 | conducted indoors and over impervious floors. Storage | ||||||
17 | areas must be adequate to hold all processed and | ||||||
18 | unprocessed inventory. When heat is used to soften solder | ||||||
19 | and when residential CED components are shredded, | ||||||
20 | operations must be designed to control indoor and outdoor | ||||||
21 | hazardous air emissions.
| ||||||
22 | (10) Recyclers must establish a system for identifying | ||||||
23 | and properly managing components, such as circuit boards, | ||||||
24 | batteries, cathode-ray tubes, and mercury phosphor lamps, | ||||||
25 | that are removed from residential CEDs during disassembly. | ||||||
26 | Recyclers must properly manage all hazardous and other |
| |||||||
| |||||||
1 | components requiring special handling from residential | ||||||
2 | CEDs consistent with federal, State, and local laws and | ||||||
3 | regulations. Recyclers must provide visible tracking, such | ||||||
4 | as hazardous waste manifests or bills of lading, of | ||||||
5 | hazardous components and materials from the facility to the | ||||||
6 | destination facilities and documentation, such as | ||||||
7 | contracts, stating how the destination facility processes | ||||||
8 | the materials received. No recycler may send, either | ||||||
9 | directly or through intermediaries, hazardous wastes to | ||||||
10 | solid non-hazardous waste landfills or to non-hazardous | ||||||
11 | waste incinerators for disposal or energy recovery. For the | ||||||
12 | purpose of these guidelines, smelting of hazardous wastes | ||||||
13 | to recover metals for reuse in conformance with all | ||||||
14 | applicable laws and regulations is not considered disposal | ||||||
15 | or energy recovery.
| ||||||
16 | (11) Recyclers must use a regularly implemented and | ||||||
17 | documented monitoring and record-keeping program that | ||||||
18 | tracks total inbound residential CED material weights and | ||||||
19 | total subsequent outbound weights to each destination, | ||||||
20 | injury and illness rates, and compliance with applicable | ||||||
21 | permit parameters including monitoring of effluents and | ||||||
22 | emissions. Recyclers must maintain contracts or other | ||||||
23 | documents, such as sales receipts, suitable to | ||||||
24 | demonstrate: (i) the reasonable expectation that there is a | ||||||
25 | downstream market or uses for designated electronics, | ||||||
26 | which may include recycling or reclamation processes such |
| |||||||
| |||||||
1 | as smelting to recover metals for reuse; and (ii) that any | ||||||
2 | residuals from recycling or reclamation processes, or | ||||||
3 | both, are properly handled and managed to maximize reuse | ||||||
4 | and recycling of materials to the extent practical.
| ||||||
5 | (12) Recyclers must employ industry-accepted | ||||||
6 | procedures for the destruction or sanitization of data on | ||||||
7 | hard drives and other data storage devices. Acceptable | ||||||
8 | guidelines for the destruction or sanitization of data are | ||||||
9 | contained in the National Institute of Standards and | ||||||
10 | Technology's Guidelines for Media Sanitation or those | ||||||
11 | guidelines certified by the National Association for | ||||||
12 | Information Destruction.
| ||||||
13 | (13) No recycler may employ prison labor in any | ||||||
14 | operation related to the collection, transportation, and | ||||||
15 | recycling of CEDs. No recycler may employ any third party | ||||||
16 | that uses or subcontracts for the use of prison labor.
| ||||||
17 | (e) Each recycler shall, during each calendar year, | ||||||
18 | transport from each site that the recycler uses to manage | ||||||
19 | residential CEDs not less than 75% of the total weight of | ||||||
20 | residential CEDs present at the site during the preceding | ||||||
21 | calendar year. Each recycler shall maintain on-site records | ||||||
22 | that demonstrate compliance with this requirement and shall | ||||||
23 | make those records available to the Agency for inspection and | ||||||
24 | copying. | ||||||
25 | Nothing in this Act shall prevent a person from acting as a | ||||||
26 | recycler independently of a manufacturer e-waste program.
|
| |||||||
| |||||||
1 | Section 1-45. Collector responsibilities. | ||||||
2 | (a) By January 1, 2019, and by January 1 of each year | ||||||
3 | thereafter for that program year, beginning with program year | ||||||
4 | 2019, a person acting as a collector under a manufacturer | ||||||
5 | e-waste program shall register with the Agency by completing | ||||||
6 | and submitting to the Agency the registration form prescribed | ||||||
7 | by the Agency. The registration form prescribed by the Agency | ||||||
8 | must include, without limitation, the address of each location | ||||||
9 | at which the collector accepts residential CEDs.
| ||||||
10 | (b) The Agency shall post on the Agency's website a list of | ||||||
11 | all registered collectors.
| ||||||
12 | (c) Manufacturers and recyclers acting as collectors shall | ||||||
13 | so indicate on their registration under Section 1-30 or 1-40 of | ||||||
14 | this Act.
| ||||||
15 | (d) By January 31, 2020 and every January 31 thereafter, | ||||||
16 | each collector that operates a program collection site or | ||||||
17 | one-day collection event shall report its previous program year | ||||||
18 | data on CEDs collected to the Agency and manufacturer | ||||||
19 | clearinghouse to assist in satisfying a manufacturer's | ||||||
20 | obligation pursuant to subsection (c) of Section 1-15. | ||||||
21 | (e) Each collector that operates a program collection site | ||||||
22 | or one-day event shall ensure that the collected CEDs are | ||||||
23 | sorted and loaded in compliance with local, State, and federal | ||||||
24 | law and in accordance with best practices recommended by the | ||||||
25 | recycler and Section 1-85 of this Act. In addition, at a |
| |||||||
| |||||||
1 | minimum, the collector shall also comply with the following | ||||||
2 | requirements: | ||||||
3 | (1) all CEDs must be accepted at the collection site or | ||||||
4 | one-day event unless otherwise provided in this Act;
| ||||||
5 | (2) CEDs shall be kept separate from other material and | ||||||
6 | shall be: | ||||||
7 | (A) packaged in a manner to prevent breakage; and
| ||||||
8 | (B) loaded onto pallets and secured with plastic | ||||||
9 | wrap or in pallet-sized bulk containers prior to | ||||||
10 | shipping; and
| ||||||
11 | (C) on average per collection site 18,000 pounds | ||||||
12 | per shipment, and if not then the recycler may charge | ||||||
13 | the collector a prorate charge on the shortfall in | ||||||
14 | weight, not to exceed $600. | ||||||
15 | (3) CEDs shall be sorted into the following categories:
| ||||||
16 | (A) computer monitors and televisions containing a | ||||||
17 | cathode-ray tube, other than televisions with wooden | ||||||
18 | exteriors;
| ||||||
19 | (B) computer monitors and televisions containing a | ||||||
20 | flat panel screen;
| ||||||
21 | (C) all other covered televisions;
| ||||||
22 | (D) computers;
| ||||||
23 | (E) all other CEDs; and
| ||||||
24 | (F) any electronic device that is not part of the | ||||||
25 | manufacturer program that the collector has arranged | ||||||
26 | to have picked up with CEDs and for which a financial |
| |||||||
| |||||||
1 | arrangement has been made to cover the recycling costs | ||||||
2 | outside of the manufacturer program; and
| ||||||
3 | (4) containers holding the CEDs must be structurally | ||||||
4 | sound for transportation.
| ||||||
5 | (e) Except as provided in subsection (f) of this Section, | ||||||
6 | each collector that operates a program collection site or | ||||||
7 | one-day collection event during a program year shall accept all | ||||||
8 | residential CEDs that are delivered to the program collection | ||||||
9 | site or one-day collection event during the program year.
| ||||||
10 | (f) No collector that operates a program collection site or | ||||||
11 | one-day collection event shall accept more than 7 residential | ||||||
12 | CEDs from an individual at any one time.
| ||||||
13 | (g) Beginning in program year 2019, registered collectors | ||||||
14 | participating in county supervised collection programs may | ||||||
15 | collect a fee for each desktop computer monitor or television | ||||||
16 | accepted for recycling to cover costs for collection and | ||||||
17 | preparation for bulk shipment or cover cost for subsection (e) | ||||||
18 | of Section 1-45.
| ||||||
19 | (h) Nothing in this Act shall prevent an individual from | ||||||
20 | acting as a collector independently of a manufacturer e-waste | ||||||
21 | program.
| ||||||
22 | Section 1-50. Penalties. | ||||||
23 | (a) Except as otherwise provided in this Act, any person | ||||||
24 | who violates any provision of this Act is liable for a civil | ||||||
25 | penalty of $1,000 for the violation.
|
| |||||||
| |||||||
1 | (b) The penalties provided for in this Section may be | ||||||
2 | recovered in a civil action brought in the name of the people | ||||||
3 | of the State of Illinois by the State's Attorney of the county | ||||||
4 | in which the violation occurred or by the Attorney General. Any | ||||||
5 | penalties collected under this Section in an action in which | ||||||
6 | the Attorney General has prevailed shall be deposited in the | ||||||
7 | Environmental Protection Trust Fund, to be used in accordance | ||||||
8 | with the provisions of the Environmental Trust Fund Act.
| ||||||
9 | (c) The Attorney General or the State's Attorney of a | ||||||
10 | county in which a violation occurs may institute a civil action | ||||||
11 | for an injunction, prohibitory or mandatory, to restrain | ||||||
12 | violations of this Act or to require such actions as may be | ||||||
13 | necessary to address violations of this Act.
| ||||||
14 | (d) A fine imposed by administrative citation pursuant to | ||||||
15 | Section 1-55 of this Act shall be $1,000 per violation, plus | ||||||
16 | any hearing costs incurred by the Illinois Pollution Control | ||||||
17 | Board and the Agency. Such fines shall be made payable to the | ||||||
18 | Environmental Protection Trust Fund to be used in accordance | ||||||
19 | with the Environmental Protection Trust Fund Act. | ||||||
20 | (e) The penalties and injunctions provided in this Act are | ||||||
21 | in addition to any penalties, injunctions, or other relief | ||||||
22 | provided under any other law. Nothing in this Act bars a cause | ||||||
23 | of action by the State for any other penalty, injunction, or | ||||||
24 | other relief provided by any other law.
| ||||||
25 | (f) A knowing violation of subsections (a), (b), or (c) of | ||||||
26 | Section 1-83 of this Act by anyone other than a residential |
| |||||||
| |||||||
1 | consumer is a petty offense punishable by a fine of $500. A | ||||||
2 | knowing violation of subsections (a), (b), or (c) of Section | ||||||
3 | 1-83 by a residential consumer is a petty offense punishable by | ||||||
4 | a fine of $25 for a first violation; however, a subsequent | ||||||
5 | violation by a residential consumer is a petty offense | ||||||
6 | punishable by a fine of $50.
| ||||||
7 | Section 1-55. Administrative citations. | ||||||
8 | (a) Any violation of a registration requirement in Sections | ||||||
9 | 1-30, 1-40, or 1-45 of this Act, any violation of the reporting | ||||||
10 | requirement in paragraph (4) of subsection (b) of Section 1-10 | ||||||
11 | of this Act, and any violation of the plan submission | ||||||
12 | requirement in subsection (a) of Section 1-25 of this Act shall | ||||||
13 | be enforceable by administrative citation issued by the Agency. | ||||||
14 | Whenever Agency personnel shall, on the basis of direct | ||||||
15 | observation, determine that any person has violated any of | ||||||
16 | those provisions, the Agency may issue and serve, within 60 | ||||||
17 | days after the observed violation, an administrative citation | ||||||
18 | upon that person. Each citation shall be served upon the person | ||||||
19 | named or the person's authorized agent for service of process | ||||||
20 | and shall include the following:
| ||||||
21 | (1) a statement specifying the provisions of this Act | ||||||
22 | that the person has violated;
| ||||||
23 | (2) the penalty imposed under subsection (d) of Section | ||||||
24 | 1-50 of this Act for that violation; and
| ||||||
25 | (3) an affidavit by the personnel observing the |
| |||||||
| |||||||
1 | violation, attesting to their material actions and | ||||||
2 | observations.
| ||||||
3 | (b) If the person named in the administrative citation | ||||||
4 | fails to petition the Illinois Pollution Control Board for | ||||||
5 | review within 35 days after the date of service, then the Board | ||||||
6 | shall adopt a final order, which shall include the | ||||||
7 | administrative citation and findings of violation as alleged in | ||||||
8 | the citation and shall impose the penalty specified in | ||||||
9 | subsection (d) of Section 1-50 of this Act.
| ||||||
10 | (c) If a petition for review is filed with the Board to | ||||||
11 | contest an administrative citation issued under this Section, | ||||||
12 | then the Agency shall appear as a complainant at a hearing | ||||||
13 | before the Board to be conducted pursuant to subsection (d) of | ||||||
14 | this Section at a time not less than 21 days after notice of | ||||||
15 | the hearing has been sent by the Board to the Agency and the | ||||||
16 | person named in the citation. In those hearings, the burden of | ||||||
17 | proof shall be on the Agency. If, based on the record, the | ||||||
18 | Board finds that the alleged violation occurred, then the Board | ||||||
19 | shall adopt a final order, which shall include the | ||||||
20 | administrative citation and findings of violation as alleged in | ||||||
21 | the citation, and shall impose the penalty specified in | ||||||
22 | subsection (d) of Section 1-50 of this Act. However, if the | ||||||
23 | Board finds that the person appealing the citation has shown | ||||||
24 | that the violation resulted from uncontrollable circumstances, | ||||||
25 | then the Board shall adopt a final order that makes no finding | ||||||
26 | of violation and imposes no penalty.
|
| |||||||
| |||||||
1 | (d) All hearings under this Section shall be held before a | ||||||
2 | qualified hearing officer, who may be attended by one or more | ||||||
3 | members of the Board, designated by the Chairman. All of these | ||||||
4 | hearings shall be open to the public, and any person may submit | ||||||
5 | written statements to the Board in connection with the subject | ||||||
6 | of these hearings. In addition, the Board may permit any person | ||||||
7 | to offer oral testimony. Any party to a hearing under this | ||||||
8 | Section may be represented by counsel, make oral or written | ||||||
9 | argument, offer testimony, cross-examine witnesses, or take | ||||||
10 | any combination of those actions. All testimony taken before | ||||||
11 | the Board shall be recorded stenographically. The transcript so | ||||||
12 | recorded and any additional matter accepted for the record | ||||||
13 | shall be open to public inspection, and copies of those | ||||||
14 | materials shall be made available to any person upon payment of | ||||||
15 | the actual cost of reproducing the original.
| ||||||
16 | Section 1-60. Delegation of county rights and | ||||||
17 | responsibilities to municipal joint action agency. If a county | ||||||
18 | has delegated to a municipal joint action agency certain powers | ||||||
19 | or responsibilities under Section 3.2 of the Intergovernmental | ||||||
20 | Cooperation Act with respect to certain geographic areas of the | ||||||
21 | county, then the executive director of the municipal joint | ||||||
22 | action agency shall have, with respect to those geographic | ||||||
23 | areas, the rights and responsibilities that this Act would | ||||||
24 | otherwise afford to the county. If a county elects not to | ||||||
25 | participate in the program, then a municipal joint action |
| |||||||
| |||||||
1 | agency representing residents within the geographic area of the | ||||||
2 | municipal joint action agency can elect to participate in the | ||||||
3 | program.
| ||||||
4 | Section 1-65. Relation to other State laws. Nothing in this | ||||||
5 | Act affects the validity or application of any other law of | ||||||
6 | this State, or regulations adopted thereunder.
| ||||||
7 | Section 1-75. CRT Retrievable Storage. In order to further | ||||||
8 | the policy of the State to reduce the environmental and | ||||||
9 | economic impacts of transporting and managing cathode-ray tube | ||||||
10 | (CRT) glass, and to support (i) the beneficial use of CRTs in | ||||||
11 | accordance with beneficial use determinations issued by the | ||||||
12 | Agency under Section 22.54 of the Environmental Protection Act | ||||||
13 | and (ii) the storage of CRTs in retrievable storage cells at | ||||||
14 | locations within the State for future recovery; for the purpose | ||||||
15 | of this Act, a CRT shall be considered to be recycled if: | ||||||
16 | (1) all recyclable components are removed from the | ||||||
17 | device; and
| ||||||
18 | (2) the glass from the device is either:
| ||||||
19 | (A) beneficially reused in accordance with a | ||||||
20 | beneficial use determination issued under Section | ||||||
21 | 22.54 of the Environmental Protection Act; or
| ||||||
22 | (B) placed in a storage cell, in a manner that | ||||||
23 | allows it to be retrieved in the future, at a waste | ||||||
24 | disposal site that is permitted to accept the glass.
|
| |||||||
| |||||||
1 | Section 1-80. Collection of CEDs outside of the | ||||||
2 | manufacturer e-waste program. | ||||||
3 | (a) Nothing in this Act prohibits a waste hauler from | ||||||
4 | entering into a contractual agreement with a unit of local | ||||||
5 | government to establish a collection program for the recycling | ||||||
6 | or reuse of CEDs, including services such as curbside | ||||||
7 | collection, home pick-up, drop-off locations, or similar | ||||||
8 | methods of collection. | ||||||
9 | (b) Nothing in this Act shall prohibit a person from | ||||||
10 | establishing an e-waste program independently of a | ||||||
11 | manufacturer e-waste program.
| ||||||
12 | Section 1-83. Landfill ban. | ||||||
13 | (a) Beginning January 1, 2019, no person may knowingly | ||||||
14 | cause or allow the mixing of a CED, or any other computer, | ||||||
15 | computer monitor, printer, television, electronic keyboard, | ||||||
16 | facsimile machine, videocassette recorder, portable digital | ||||||
17 | music player, digital video disc player, video game console, | ||||||
18 | electronic mouse, scanner, digital converter box, cable | ||||||
19 | receiver, satellite receiver, digital video disc recorder, or | ||||||
20 | small-scale server with municipal waste that is intended for | ||||||
21 | disposal at a landfill. | ||||||
22 | (b) Beginning January 1, 2019, no person may knowingly | ||||||
23 | cause or allow the disposal of a CED or any other computer, | ||||||
24 | computer monitor, printer, television, electronic keyboard, |
| |||||||
| |||||||
1 | facsimile machine, videocassette recorder, portable digital | ||||||
2 | music player, digital video disc player, video game console, | ||||||
3 | electronic mouse, scanner, digital converter box, cable | ||||||
4 | receiver, satellite receiver, digital video disc recorder, or | ||||||
5 | small-scale server in a sanitary landfill. | ||||||
6 | (c) Beginning January 1, 2019, no person may knowingly | ||||||
7 | cause or allow the mixing of a CED, or any other computer, | ||||||
8 | computer monitor, printer, television, electronic keyboard, | ||||||
9 | facsimile machine, videocassette recorder, portable digital | ||||||
10 | music player, digital video disc player, video game console, | ||||||
11 | electronic mouse, scanner, digital converter box, cable | ||||||
12 | receiver, satellite receiver, digital video disc recorder, or | ||||||
13 | small-scale server with waste that is intended for disposal by | ||||||
14 | burning or incineration. | ||||||
15 | (d) Beginning January 1, 2019, no person may knowingly | ||||||
16 | cause or allow the burning or incineration of a CED, or any | ||||||
17 | other computer, computer monitor, printer, television, | ||||||
18 | electronic keyboard, facsimile machine, videocassette | ||||||
19 | recorder, portable digital music player, digital video disc | ||||||
20 | player, video game console, electronic mouse, scanner, digital | ||||||
21 | converter box, cable receiver, satellite receiver, digital | ||||||
22 | video disc recorder, or small-scale server.
| ||||||
23 | Section 1-85. Best practices. By November 1, 2018 and | ||||||
24 | November 1 of each year thereafter, an advisory stakeholder | ||||||
25 | group shall submit a document, to be approved annually by a |
| |||||||
| |||||||
1 | majority of the stakeholder group, of agreed-to best practices | ||||||
2 | to be used in the following program year and made available on | ||||||
3 | the Agency website. The best practices stakeholder group shall | ||||||
4 | be made up of 8 members, appointed by the Director of the | ||||||
5 | Agency, including 2 representatives of county programs, 2 | ||||||
6 | representatives of recycling companies, 2 representatives from | ||||||
7 | the manufacturing industry, one representative from a | ||||||
8 | statewide trade association representing retailers, one | ||||||
9 | representative of a statewide trade association representing | ||||||
10 | manufacturers, one representative of a statewide trade | ||||||
11 | association representing waste disposal companies, and one | ||||||
12 | representative of a national trade association representing | ||||||
13 | manufacturers.
| ||||||
14 | Section 1-86. Public Reporting. Each year, the Agency shall | ||||||
15 | post on its website the information it receives pursuant to | ||||||
16 | subdivision (b)(4) of Section 1-10 showing the amounts of | ||||||
17 | residential CEDs being collected and recycled in each county in | ||||||
18 | each program year. The Agency shall notify the General Assembly | ||||||
19 | of the availability of this information.
| ||||||
20 | Section 1-90. Repeal. This Article is repealed on December | ||||||
21 | 31, 2026.
| ||||||
22 | ARTICLE 5. AMENDATORY PROVISIONS |
| |||||||
| |||||||
1 | (30 ILCS 105/5.716 rep.) | ||||||
2 | Section 5-5. The State Finance Act is amended by repealing | ||||||
3 | Section 5.716.
| ||||||
4 | Section 5-10. The Environmental Protection Act is amended | ||||||
5 | by changing Section 22.15 as follows:
| ||||||
6 | (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
| ||||||
7 | Sec. 22.15. Solid Waste Management Fund; fees.
| ||||||
8 | (a) There is hereby created within the State Treasury a
| ||||||
9 | special fund to be known as the "Solid Waste Management Fund", | ||||||
10 | to be
constituted from the fees collected by the State pursuant | ||||||
11 | to this Section ,
and from repayments of loans made from the | ||||||
12 | Fund for solid waste projects , from registration fees collected | ||||||
13 | pursuant to the Consumer Electronics Recycling Act, and from | ||||||
14 | amounts transferred into the Fund pursuant to this amendatory | ||||||
15 | Act of the 100th General Assembly .
Moneys received by the | ||||||
16 | Department of Commerce and Economic Opportunity
in repayment of | ||||||
17 | loans made pursuant to the Illinois Solid Waste Management
Act | ||||||
18 | shall be deposited into the General Revenue Fund.
| ||||||
19 | (b) The Agency shall assess and collect a
fee in the amount | ||||||
20 | set forth herein from the owner or operator of each sanitary
| ||||||
21 | landfill permitted or required to be permitted by the Agency to | ||||||
22 | dispose of
solid waste if the sanitary landfill is located off | ||||||
23 | the site where such waste
was produced and if such sanitary | ||||||
24 | landfill is owned, controlled, and operated
by a person other |
| |||||||
| |||||||
1 | than the generator of such waste. The Agency shall deposit
all | ||||||
2 | fees collected into the Solid Waste Management Fund. If a site | ||||||
3 | is
contiguous to one or more landfills owned or operated by the | ||||||
4 | same person, the
volumes permanently disposed of by each | ||||||
5 | landfill shall be combined for purposes
of determining the fee | ||||||
6 | under this subsection.
| ||||||
7 | (1) If more than 150,000 cubic yards of non-hazardous | ||||||
8 | solid waste is
permanently disposed of at a site in a | ||||||
9 | calendar year, the owner or operator
shall either pay a fee | ||||||
10 | of 95 cents per cubic yard or,
alternatively, the owner or | ||||||
11 | operator may weigh the quantity of the solid waste
| ||||||
12 | permanently disposed of with a device for which | ||||||
13 | certification has been obtained
under the Weights and | ||||||
14 | Measures Act and pay a fee of $2.00 per
ton of solid waste | ||||||
15 | permanently disposed of. In no case shall the fee collected
| ||||||
16 | or paid by the owner or operator under this paragraph | ||||||
17 | exceed $1.55 per cubic yard or $3.27 per ton.
| ||||||
18 | (2) If more than 100,000 cubic yards but not more than | ||||||
19 | 150,000 cubic
yards of non-hazardous waste is permanently | ||||||
20 | disposed of at a site in a calendar
year, the owner or | ||||||
21 | operator shall pay a fee of $52,630.
| ||||||
22 | (3) If more than 50,000 cubic yards but not more than | ||||||
23 | 100,000 cubic
yards of non-hazardous solid waste is | ||||||
24 | permanently disposed of at a site
in a calendar year, the | ||||||
25 | owner or operator shall pay a fee of $23,790.
| ||||||
26 | (4) If more than 10,000 cubic yards but not more than |
| |||||||
| |||||||
1 | 50,000 cubic
yards of non-hazardous solid waste is | ||||||
2 | permanently disposed of at a site
in a calendar year, the | ||||||
3 | owner or operator shall pay a fee of $7,260.
| ||||||
4 | (5) If not more than 10,000 cubic yards of | ||||||
5 | non-hazardous solid waste is
permanently disposed of at a | ||||||
6 | site in a calendar year, the owner or operator
shall pay a | ||||||
7 | fee of $1050.
| ||||||
8 | (c) (Blank).
| ||||||
9 | (d) The Agency shall establish rules relating to the | ||||||
10 | collection of the
fees authorized by this Section. Such rules | ||||||
11 | shall include, but not be
limited to:
| ||||||
12 | (1) necessary records identifying the quantities of | ||||||
13 | solid waste received
or disposed;
| ||||||
14 | (2) the form and submission of reports to accompany the | ||||||
15 | payment of fees
to the Agency;
| ||||||
16 | (3) the time and manner of payment of fees to the | ||||||
17 | Agency, which payments
shall not be more often than | ||||||
18 | quarterly; and
| ||||||
19 | (4) procedures setting forth criteria establishing | ||||||
20 | when an owner or
operator may measure by weight or volume | ||||||
21 | during any given quarter or other
fee payment period.
| ||||||
22 | (e) Pursuant to appropriation, all monies in the Solid | ||||||
23 | Waste Management
Fund shall be used by the Agency and the | ||||||
24 | Department of Commerce and Economic Opportunity for the | ||||||
25 | purposes set forth in this Section and in the Illinois
Solid | ||||||
26 | Waste Management Act, including for the costs of fee collection |
| |||||||
| |||||||
1 | and
administration , and for the administration of (1) the | ||||||
2 | Consumer Electronics Recycling Act and (2) until January 1, | ||||||
3 | 2020, the Electronic Products Recycling and Reuse Act .
| ||||||
4 | (f) The Agency is authorized to enter into such agreements | ||||||
5 | and to
promulgate such rules as are necessary to carry out its | ||||||
6 | duties under this
Section and the Illinois Solid Waste | ||||||
7 | Management Act.
| ||||||
8 | (g) On the first day of January, April, July, and October | ||||||
9 | of each year,
beginning on July 1, 1996, the State Comptroller | ||||||
10 | and Treasurer shall
transfer $500,000 from the Solid Waste | ||||||
11 | Management Fund to the Hazardous Waste
Fund. Moneys transferred | ||||||
12 | under this subsection (g) shall be used only for the
purposes | ||||||
13 | set forth in item (1) of subsection (d) of Section 22.2.
| ||||||
14 | (h) The Agency is authorized to provide financial | ||||||
15 | assistance to units of
local government for the performance of | ||||||
16 | inspecting, investigating and
enforcement activities pursuant | ||||||
17 | to Section 4(r) at nonhazardous solid
waste disposal sites.
| ||||||
18 | (i) The Agency is authorized to support the operations of | ||||||
19 | an industrial
materials exchange service, and to conduct | ||||||
20 | household waste collection and
disposal programs.
| ||||||
21 | (j) A unit of local government, as defined in the Local | ||||||
22 | Solid Waste Disposal
Act, in which a solid waste disposal | ||||||
23 | facility is located may establish a fee,
tax, or surcharge with | ||||||
24 | regard to the permanent disposal of solid waste.
All fees, | ||||||
25 | taxes, and surcharges collected under this subsection shall be
| ||||||
26 | utilized for solid waste management purposes, including |
| |||||||
| |||||||
1 | long-term monitoring
and maintenance of landfills, planning, | ||||||
2 | implementation, inspection, enforcement
and other activities | ||||||
3 | consistent with the Solid Waste Management Act and the
Local | ||||||
4 | Solid Waste Disposal Act, or for any other environment-related | ||||||
5 | purpose,
including but not limited to an environment-related | ||||||
6 | public works project, but
not for the construction of a new | ||||||
7 | pollution control facility other than a
household hazardous | ||||||
8 | waste facility. However, the total fee, tax or surcharge
| ||||||
9 | imposed by all units of local government under this subsection | ||||||
10 | (j) upon the
solid waste disposal facility shall not exceed:
| ||||||
11 | (1) 60¢ per cubic yard if more than 150,000 cubic yards | ||||||
12 | of non-hazardous
solid waste is permanently disposed of at | ||||||
13 | the site in a calendar year, unless
the owner or operator | ||||||
14 | weighs the quantity of the solid waste received with a
| ||||||
15 | device for which certification has been obtained under the | ||||||
16 | Weights and Measures
Act, in which case the fee shall not | ||||||
17 | exceed $1.27 per ton of solid waste
permanently disposed | ||||||
18 | of.
| ||||||
19 | (2) $33,350 if more than 100,000
cubic yards, but not | ||||||
20 | more than 150,000 cubic yards, of non-hazardous waste
is | ||||||
21 | permanently disposed of at the site in a calendar year.
| ||||||
22 | (3) $15,500 if more than 50,000 cubic
yards, but not | ||||||
23 | more than 100,000 cubic yards, of non-hazardous solid waste | ||||||
24 | is
permanently disposed of at the site in a calendar year.
| ||||||
25 | (4) $4,650 if more than 10,000 cubic
yards, but not | ||||||
26 | more than 50,000 cubic yards, of non-hazardous solid waste
|
| |||||||
| |||||||
1 | is permanently disposed of at the site in a calendar year.
| ||||||
2 | (5) $$650 if not more than 10,000 cubic
yards of | ||||||
3 | non-hazardous solid waste is permanently disposed of at the | ||||||
4 | site in
a calendar year.
| ||||||
5 | The corporate authorities of the unit of local government
| ||||||
6 | may use proceeds from the fee, tax, or surcharge to reimburse a | ||||||
7 | highway
commissioner whose road district lies wholly or | ||||||
8 | partially within the
corporate limits of the unit of local | ||||||
9 | government for expenses incurred in
the removal of | ||||||
10 | nonhazardous, nonfluid municipal waste that has been dumped
on | ||||||
11 | public property in violation of a State law or local ordinance.
| ||||||
12 | A county or Municipal Joint Action Agency that imposes a | ||||||
13 | fee, tax, or
surcharge under this subsection may use the | ||||||
14 | proceeds thereof to reimburse a
municipality that lies wholly | ||||||
15 | or partially within its boundaries for expenses
incurred in the | ||||||
16 | removal of nonhazardous, nonfluid municipal waste that has been
| ||||||
17 | dumped on public property in violation of a State law or local | ||||||
18 | ordinance.
| ||||||
19 | If the fees are to be used to conduct a local sanitary | ||||||
20 | landfill
inspection or enforcement program, the unit of local | ||||||
21 | government must enter
into a written delegation agreement with | ||||||
22 | the Agency pursuant to subsection
(r) of Section 4. The unit of | ||||||
23 | local government and the Agency shall enter
into such a written | ||||||
24 | delegation agreement within 60 days after the
establishment of | ||||||
25 | such fees. At least annually,
the Agency shall conduct an audit | ||||||
26 | of the expenditures made by units of local
government from the |
| |||||||
| |||||||
1 | funds granted by the Agency to the units of local
government | ||||||
2 | for purposes of local sanitary landfill inspection and | ||||||
3 | enforcement
programs, to ensure that the funds have been | ||||||
4 | expended for the prescribed
purposes under the grant.
| ||||||
5 | The fees, taxes or surcharges collected under this | ||||||
6 | subsection (j) shall
be placed by the unit of local government | ||||||
7 | in a separate fund, and the
interest received on the moneys in | ||||||
8 | the fund shall be credited to the fund. The
monies in the fund | ||||||
9 | may be accumulated over a period of years to be
expended in | ||||||
10 | accordance with this subsection.
| ||||||
11 | A unit of local government, as defined in the Local Solid | ||||||
12 | Waste Disposal
Act, shall prepare and distribute to the Agency, | ||||||
13 | in April of each year, a
report that details spending plans for | ||||||
14 | monies collected in accordance with
this subsection. The report | ||||||
15 | will at a minimum include the following:
| ||||||
16 | (1) The total monies collected pursuant to this | ||||||
17 | subsection.
| ||||||
18 | (2) The most current balance of monies collected | ||||||
19 | pursuant to this
subsection.
| ||||||
20 | (3) An itemized accounting of all monies expended for | ||||||
21 | the previous year
pursuant to this subsection.
| ||||||
22 | (4) An estimation of monies to be collected for the | ||||||
23 | following 3
years pursuant to this subsection.
| ||||||
24 | (5) A narrative detailing the general direction and | ||||||
25 | scope of future
expenditures for one, 2 and 3 years.
| ||||||
26 | The exemptions granted under Sections 22.16 and 22.16a, and |
| |||||||
| |||||||
1 | under
subsection (k) of this Section, shall be applicable to | ||||||
2 | any fee,
tax or surcharge imposed under this subsection (j); | ||||||
3 | except that the fee,
tax or surcharge authorized to be imposed | ||||||
4 | under this subsection (j) may be
made applicable by a unit of | ||||||
5 | local government to the permanent disposal of
solid waste after | ||||||
6 | December 31, 1986, under any contract lawfully executed
before | ||||||
7 | June 1, 1986 under which more than 150,000 cubic yards (or | ||||||
8 | 50,000 tons)
of solid waste is to be permanently disposed of, | ||||||
9 | even though the waste is
exempt from the fee imposed by the | ||||||
10 | State under subsection (b) of this Section
pursuant to an | ||||||
11 | exemption granted under Section 22.16.
| ||||||
12 | (k) In accordance with the findings and purposes of the | ||||||
13 | Illinois Solid
Waste Management Act, beginning January 1, 1989 | ||||||
14 | the fee under subsection
(b) and the fee, tax or surcharge | ||||||
15 | under subsection (j) shall not apply to:
| ||||||
16 | (1) Waste which is hazardous waste; or
| ||||||
17 | (2) Waste which is pollution control waste; or
| ||||||
18 | (3) Waste from recycling, reclamation or reuse | ||||||
19 | processes which have been
approved by the Agency as being | ||||||
20 | designed to remove any contaminant from
wastes so as to | ||||||
21 | render such wastes reusable, provided that the process
| ||||||
22 | renders at least 50% of the waste reusable; or
| ||||||
23 | (4) Non-hazardous solid waste that is received at a | ||||||
24 | sanitary landfill
and composted or recycled through a | ||||||
25 | process permitted by the Agency; or
| ||||||
26 | (5) Any landfill which is permitted by the Agency to |
| |||||||
| |||||||
1 | receive only
demolition or construction debris or | ||||||
2 | landscape waste.
| ||||||
3 | (Source: P.A. 97-333, eff. 8-12-11.)
| ||||||
4 | Section 5-15. The Electronic Products Recycling and Reuse | ||||||
5 | Act is amended by changing Sections 15, 20, 30, 40, 50, 55, 60, | ||||||
6 | and 85 and by adding Section 100 as follows:
| ||||||
7 | (415 ILCS 150/15)
| ||||||
8 | Sec. 15. Statewide recycling and reuse goals for all | ||||||
9 | covered electronic devices. | ||||||
10 | (a) For program year 2010, the statewide recycling or reuse | ||||||
11 | goal for all CEDs is the product of: (i) the latest population | ||||||
12 | estimate for the State, as published on the U.S. Census | ||||||
13 | Bureau's website on January 1, 2010; multiplied by (ii) 2.5 | ||||||
14 | pounds per capita. | ||||||
15 | (b) For program year 2011, the statewide recycling or reuse | ||||||
16 | goal for all CEDs is the product of: (i) the 2010 base weight; | ||||||
17 | multiplied by (ii) the 2010 goal attainment percentage. | ||||||
18 | For the purposes of this subsection (b): | ||||||
19 | The "2010 base weight" means the greater of: (i) twice the | ||||||
20 | total weight of all CEDs that were recycled or processed for | ||||||
21 | reuse between January 1, 2010 and June 30, 2010 as reported to | ||||||
22 | the Agency under subsection (i) or (j) of Section 30; or (ii) | ||||||
23 | twice the total weight of all CEDs that were recycled or | ||||||
24 | processed for reuse between January 1, 2010 and June 30, 2010 |
| |||||||
| |||||||
1 | as reported to the Agency under subsection (c) of Section 55. | ||||||
2 | The "2010 goal attainment percentage" means: | ||||||
3 | (1) 90% if the 2010 base weight is less than 90% of the | ||||||
4 | statewide recycling or reuse goal for program year 2010; | ||||||
5 | (2) 95% if the 2010 base weight is 90% or greater, but | ||||||
6 | does not exceed 95%, of the statewide recycling or reuse | ||||||
7 | goal for program year 2010; | ||||||
8 | (3) 100% if the 2010 base weight is 95% or greater, but | ||||||
9 | does not exceed 105%, of the statewide recycling or reuse | ||||||
10 | goal for program year 2010; | ||||||
11 | (4) 105% if the 2010 base weight is 105% or greater, | ||||||
12 | but does not exceed 110%, of the statewide recycling or | ||||||
13 | reuse goal for program year 2010; and | ||||||
14 | (5) 110% if the 2010 base weight is 110% or greater of | ||||||
15 | the statewide recycling or reuse goal for program year | ||||||
16 | 2010. | ||||||
17 | (c) For program year 2012 and for each of the following | ||||||
18 | categories of electronic devices, each manufacturer shall | ||||||
19 | recycle or reuse at least 40% of the total weight of the | ||||||
20 | electronic devices that the manufacturer sold in that category | ||||||
21 | in Illinois during the calendar year beginning January 1, 2010: | ||||||
22 | computers, monitors, televisions, printers, electronic | ||||||
23 | keyboards, facsimile machines, video cassette recorders, | ||||||
24 | portable digital music players, digital video disc players, | ||||||
25 | video game consoles, electronic mice, scanners, digital | ||||||
26 | converter boxes, cable receivers, satellite receivers, digital |
| |||||||
| |||||||
1 | video disc recorders, and small-scale servers. To determine the | ||||||
2 | manufacturer's annual recycling or reuse goal, the | ||||||
3 | manufacturer shall use its own Illinois sales data or its own | ||||||
4 | national sales data proportioned to Illinois' share of the U.S. | ||||||
5 | population, based on the U.S. Census population estimate for | ||||||
6 | 2009. | ||||||
7 | (c-5) For program year 2013 and program year 2014 and for | ||||||
8 | each of the following categories of electronic devices, each | ||||||
9 | manufacturer shall recycle or reuse at least 50% of the total | ||||||
10 | weight of the electronic devices that the manufacturer sold in | ||||||
11 | that category in Illinois during the calendar year 2 years | ||||||
12 | before the applicable program year: computers, monitors, | ||||||
13 | televisions, printers, electronic keyboards, facsimile | ||||||
14 | machines, video cassette recorders, portable digital music | ||||||
15 | players, digital video disc players, video game consoles, | ||||||
16 | electronic mice, scanners, digital converter boxes, cable | ||||||
17 | receivers, satellite receivers, digital video disc recorders, | ||||||
18 | and small-scale servers. | ||||||
19 | To determine the manufacturer's annual recycling or reuse | ||||||
20 | goal, the manufacturer shall use its own Illinois sales data or | ||||||
21 | its own national sales data proportioned to Illinois' share of | ||||||
22 | the U.S. population, based on the most recent U.S. Census data. | ||||||
23 | (c-6) For program year 2015, the total annual recycling | ||||||
24 | goal for all manufacturers shall be as follows: | ||||||
25 | (1) 30,800,000 pounds for manufacturers of televisions | ||||||
26 | and computer monitors; and |
| |||||||
| |||||||
1 | (2) 15,800,000 pounds for manufacturers of all other | ||||||
2 | covered electronic devices. | ||||||
3 | For program year 2016 and program year 2017 and program | ||||||
4 | year 2018 , the total annual recycling goal for all
| ||||||
5 | manufacturers shall be as follows: | ||||||
6 | (1) 34,000,000 pounds for manufacturers of televisions | ||||||
7 | and computer monitors; and | ||||||
8 | (2) 15,600,000 pounds for manufacturers of all other | ||||||
9 | covered electronic devices. | ||||||
10 | An individual manufacturer's annual recycling goal for | ||||||
11 | televisions, computer monitors,
and all other covered | ||||||
12 | electronic devices shall be in proportion to the manufacturer's | ||||||
13 | market share of those product types sold in Illinois during the | ||||||
14 | calendar year 2 years before the applicable program year. | ||||||
15 | For program year 2018 and thereafter, and for each of the | ||||||
16 | following categories of electronic devices, each manufacturer | ||||||
17 | shall recycle or reuse at least 50% of the total weight of the | ||||||
18 | electronic devices that the manufacturer sold in that category | ||||||
19 | in Illinois during the calendar year 2 years before the | ||||||
20 | applicable program year: computers, monitors, televisions, | ||||||
21 | printers, electronic keyboards, facsimile machines, video | ||||||
22 | cassette recorders, portable digital music players, digital | ||||||
23 | video disc players, video game consoles, electronic mice, | ||||||
24 | scanners, digital converter boxes, cable receivers, satellite | ||||||
25 | receivers, digital video disc recorders, and small-scale | ||||||
26 | servers. |
| |||||||
| |||||||
1 | To determine the manufacturer's annual recycling or reuse | ||||||
2 | goal for program year 2018 and thereafter, the manufacturer | ||||||
3 | shall use its own Illinois sales data or its own national sales | ||||||
4 | data proportioned to Illinois' share of the U.S. population, | ||||||
5 | based on the most recent U.S. census data. | ||||||
6 | (d) In order to further the policy of the State of Illinois | ||||||
7 | to reduce the environmental and economic impacts of | ||||||
8 | transporting and managing cathode-ray tube (CRT) glass, and to | ||||||
9 | support (i) the beneficial use of CRTs in accordance with | ||||||
10 | beneficial use determinations issued by the Agency under | ||||||
11 | Section 22.54 of the Environmental Protection Act and (ii) the | ||||||
12 | storage of CRTs in retrievable storage cells at locations | ||||||
13 | within the State for future recovery, the total weight of a CRT | ||||||
14 | device, prior to processing, may be applied toward the | ||||||
15 | manufacturer's annual recycling or reuse goal, provided that: | ||||||
16 | (1) all recyclable components are removed from the | ||||||
17 | device; and | ||||||
18 | (2) the glass from the device is either: | ||||||
19 | (A) beneficially reused in accordance with a | ||||||
20 | beneficial use determination issued under Section | ||||||
21 | 22.54 of the Environmental Protection Act; or | ||||||
22 | (B) placed in a storage cell, in a manner that | ||||||
23 | allows it to be retrieved in the future, at a waste | ||||||
24 | disposal site that is permitted to accept the glass.
| ||||||
25 | (Source: P.A. 99-13, eff. 7-10-15.)
|
| |||||||
| |||||||
1 | (415 ILCS 150/20)
| ||||||
2 | Sec. 20. Agency responsibilities. | ||||||
3 | (a) The Agency has the authority to monitor compliance with | ||||||
4 | this Act, enforce violations of the Act by administrative | ||||||
5 | citation, and refer violations of this Act to the Attorney | ||||||
6 | General. | ||||||
7 | (b) No later than October 1 of each program year, through | ||||||
8 | October 1, 2017, the Agency shall post on its website a list of | ||||||
9 | underserved counties in the State for the next program year. | ||||||
10 | The list of underserved counties for program years 2010 and | ||||||
11 | 2011 is set forth in subsection (a) of Section 60. | ||||||
12 | (c) From July 1, 2009 until December 31, 2015, the Agency | ||||||
13 | shall implement a county and municipal government education | ||||||
14 | campaign to inform those entities about this Act and the | ||||||
15 | implications on solid waste collection in their localities. | ||||||
16 | (c-5) Subject to appropriation, no No later than February | ||||||
17 | 1, 2012 and every February 1 thereafter, through February 1, | ||||||
18 | 2018, the Agency shall use a portion of the manufacturer, | ||||||
19 | recycler, and refurbisher registration fees to provide a $2,000 | ||||||
20 | grant to the recycling coordinator in each county of the State | ||||||
21 | in order to inform residents in each county about this Act and | ||||||
22 | opportunities to recycle CEDs and EEDs. The recycling | ||||||
23 | coordinator shall expend the $2,000 grant before December 31 of | ||||||
24 | the program year in which the grant is received. The recycling | ||||||
25 | coordinator shall maintain records that document the use of the | ||||||
26 | grant funds. |
| |||||||
| |||||||
1 | (c-10) By June 15, 2012 and by December 15, 2012, and by | ||||||
2 | every June 15 and December 15 thereafter through December 15, | ||||||
3 | 2015, the Agency shall meet with associations that represent | ||||||
4 | Illinois retail merchants twice each year to discuss compliance | ||||||
5 | with Section 40. | ||||||
6 | (c-15) By December 15, 2012 and each December 15 | ||||||
7 | thereafter, through December 15, 2018, the Agency shall post on | ||||||
8 | its website: (i) the mailing address of each collection site at | ||||||
9 | which collectors collected CEDs and EEDs during the program | ||||||
10 | year and (ii) the amount in pounds of total CEDs and total EEDs | ||||||
11 | collected at the collection site during the program year. | ||||||
12 | (d) By July 1, 2011 for the first program year, and by May | ||||||
13 | 15 for all subsequent program years, except for program years | ||||||
14 | 2015, 2016, and 2017 , and 2018 , the Agency shall report to the | ||||||
15 | Governor and to the General Assembly annually on the previous | ||||||
16 | program year's performance. The report must be posted on the | ||||||
17 | Agency's website. The report must include, but not be limited | ||||||
18 | to, the following: | ||||||
19 | (1) the total overall weight of CEDs, as well as the | ||||||
20 | sub-total weight of computers, the sub-total weight of | ||||||
21 | computer monitors, the sub-total weight of printers, the | ||||||
22 | sub-total weight of televisions, and the total weight of | ||||||
23 | EEDs that were recycled or processed for reuse in the State | ||||||
24 | during the program year, as reported by manufacturers and | ||||||
25 | collectors under Sections 30 and 55; | ||||||
26 | (2) a listing of all collection sites, as set forth |
| |||||||
| |||||||
1 | under subsection (a) of Section 55, and the addresses of | ||||||
2 | those sites; | ||||||
3 | (3) a statement showing, for the preceding program | ||||||
4 | year, (i) the total weight of CEDs and EEDs collected, | ||||||
5 | recycled, and processed for reuse by the manufacturers | ||||||
6 | pursuant to Section 30, (ii) the total weight of CEDs | ||||||
7 | processed for reuse by the manufacturers, and (iii) the | ||||||
8 | total weight of CEDs collected by the collectors; | ||||||
9 | (4) a listing of all entities or persons to whom the | ||||||
10 | Agency issued an administrative citation or with respect to | ||||||
11 | which the Agency made a referral for enforcement to the | ||||||
12 | Attorney General's Office as a result of a violation of | ||||||
13 | this Act; | ||||||
14 | (5) a discussion of the Agency's education and outreach | ||||||
15 | activities as set forth in subsection (c) of this Section; | ||||||
16 | and | ||||||
17 | (6) a discussion of the penalties, if any, incurred by | ||||||
18 | manufacturers for failure to achieve recycling goals, and a | ||||||
19 | recommendation to the General Assembly of any necessary or | ||||||
20 | appropriate changes to the manufacturers' recycling goals | ||||||
21 | or penalty provisions included in this Act. | ||||||
22 | For program years 2015, 2016, and 2017 , and 2018 , the | ||||||
23 | Agency shall make available on its website the information | ||||||
24 | described in paragraphs (1) through (6) in whatever format it | ||||||
25 | deems appropriate. | ||||||
26 | (e) Through program year 2018, the The Agency shall post on |
| |||||||
| |||||||
1 | its website: (1) a list of manufacturers that have paid the | ||||||
2 | current year's registration fee as set forth in subsection (b) | ||||||
3 | of Section 30; (2) a list of manufacturers that failed to pay | ||||||
4 | the current year's registration fee as set forth in subsection | ||||||
5 | (b) of Section 30; and (3) a list of registered collectors, the | ||||||
6 | addresses of their collection sites, their business telephone | ||||||
7 | numbers, and a link to their websites. | ||||||
8 | (f) In program years 2012, 2013, and 2014, and at its | ||||||
9 | discretion thereafter, the Agency shall convene and host an | ||||||
10 | Electronic Products Recycling Conference. The Agency may host | ||||||
11 | the conferences alone or with other public entities or with | ||||||
12 | organizations associated with electronic products recycling. | ||||||
13 | (g) No later than October 1 of each program year, through | ||||||
14 | October 1, 2017, the Agency must post on its website the | ||||||
15 | following information for the next program year: (i) the | ||||||
16 | individual recycling and reuse goals for each manufacturer, as | ||||||
17 | set forth in subsections (c) and (c-5) of Section 15, as | ||||||
18 | applicable, and (ii) the total statewide recycling goal, | ||||||
19 | determined by adding each individual manufacturer's annual | ||||||
20 | goal. | ||||||
21 | (h) By April 1, 2011, and by April 1 of all subsequent | ||||||
22 | years, through April 1, 2019, the Agency shall award those | ||||||
23 | manufacturers that have met or exceeded their recycling or | ||||||
24 | reuse goals for the previous program year with an Electronic | ||||||
25 | Industry Recycling Award. The award shall acknowledge that the | ||||||
26 | manufacturer has met or exceeded its recycling goals and shall |
| |||||||
| |||||||
1 | be posted on the Agency website and in other media as | ||||||
2 | appropriate. | ||||||
3 | (i) By March 1, 2011, and by March 1 of each subsequent | ||||||
4 | year, through March 1, 2019, the Agency shall post on its | ||||||
5 | website a list of registered manufacturers that have not met | ||||||
6 | their annual recycling and reuse goal for the previous program | ||||||
7 | year.
| ||||||
8 | (j) By July 1, 2015, the Agency shall solicit written | ||||||
9 | comments regarding all aspects of the program codified in this | ||||||
10 | Act, for the purpose of determining if the program requires any | ||||||
11 | modifications. | ||||||
12 | (1) Issues to be reviewed by the Agency are, but not | ||||||
13 | limited to, the following: | ||||||
14 | (A) Sufficiency of the annual statewide recycling | ||||||
15 | goals. | ||||||
16 | (B) Fairness of the formulas used to determine | ||||||
17 | individual manufacturer goals. | ||||||
18 | (C) Adequacy of, or the need for, continuation of | ||||||
19 | the credits outlined in Section 30(d)(1) through (3). | ||||||
20 | (D) Any temporary rescissions of county landfill | ||||||
21 | bans granted by the Illinois Pollution Control Board | ||||||
22 | pursuant to Section 95(e). | ||||||
23 | (E) Adequacy of, or the need for, the penalties | ||||||
24 | listed in Section 80 of this Act, which are scheduled | ||||||
25 | to take effect on January 1, 2013. | ||||||
26 | (F) Adequacy of the collection systems that have |
| |||||||
| |||||||
1 | been implemented as a result of this Act, with a | ||||||
2 | particular focus on promoting the most cost-effective | ||||||
3 | and convenient collection system possible for Illinois | ||||||
4 | residents. | ||||||
5 | (2) By July 1, 2015, the Agency shall complete its | ||||||
6 | review of the written comments received, as well as its own | ||||||
7 | reports on the preceding program years. By August 1, 2015, | ||||||
8 | the Agency shall hold a public hearing to present its | ||||||
9 | findings and solicit additional comments. All additional | ||||||
10 | comments shall be submitted to the Agency in writing no | ||||||
11 | later than October 1, 2015. | ||||||
12 | (3) The Agency's final report, which shall be issued no | ||||||
13 | later than February 1, 2016, shall be submitted to the | ||||||
14 | Governor and the General Assembly and shall include | ||||||
15 | specific recommendations for any necessary or appropriate | ||||||
16 | modifications to the program.
| ||||||
17 | (k) Through December 31, 2019, any Any violation of this | ||||||
18 | Act shall be enforceable by administrative citation. Whenever | ||||||
19 | the Agency personnel or county personnel to whom the Agency has | ||||||
20 | delegated the authority to monitor compliance with this Act | ||||||
21 | shall, on the basis of direct observation, determine that any | ||||||
22 | person has violated any provision of this Act, the Agency or | ||||||
23 | county personnel may issue and serve, within 60 days after the | ||||||
24 | observed violation, an administrative citation upon that | ||||||
25 | person or the entity employing that person. Each citation shall | ||||||
26 | be served upon the person named or the person's authorized |
| |||||||
| |||||||
1 | agent for service of process and shall include the following: | ||||||
2 | (1) a statement specifying the provisions of this Act | ||||||
3 | that the person or the entity employing the person has | ||||||
4 | violated; | ||||||
5 | (2) a copy of the inspection report in which the Agency | ||||||
6 | or local government recorded the violation and the date and | ||||||
7 | time of the inspection; | ||||||
8 | (3) the penalty imposed under Section 80; and | ||||||
9 | (4) an affidavit by the personnel observing the | ||||||
10 | violation, attesting to their material actions and | ||||||
11 | observations. | ||||||
12 | (l) If the person named in the administrative citation | ||||||
13 | fails to petition the Illinois Pollution Control Board for | ||||||
14 | review within 35 days after the date of service, the Board | ||||||
15 | shall adopt a final order, which shall include the | ||||||
16 | administrative citation and findings of violation as alleged in | ||||||
17 | the citation and shall impose the penalty specified in Section | ||||||
18 | 80. | ||||||
19 | (m) If a petition for review is filed with the Board to | ||||||
20 | contest an administrative citation issued under this Section, | ||||||
21 | the Agency or unit of local government shall appear as a | ||||||
22 | complainant at a hearing before the Board to be conducted | ||||||
23 | pursuant to subsection (n) of this Section at a time not less | ||||||
24 | than 21 days after notice of the hearing has been sent by the | ||||||
25 | Board to the Agency or unit of local government and the person | ||||||
26 | named in the citation. In those hearings, the burden of proof |
| |||||||
| |||||||
1 | shall be on the Agency or unit of local government. If, based | ||||||
2 | on the record, the Board finds that the alleged violation | ||||||
3 | occurred, it shall adopt a final order, which shall include the | ||||||
4 | administrative citation and findings of violation as alleged in | ||||||
5 | the citation, and shall impose the penalty specified in Section | ||||||
6 | 80 of this Act. However, if the Board finds that the person | ||||||
7 | appealing the citation has shown that the violation resulted | ||||||
8 | from uncontrollable circumstances, the Board shall adopt a | ||||||
9 | final order that makes no finding of violation and imposes no | ||||||
10 | penalty. | ||||||
11 | (n) All hearings under this Act shall be held before a | ||||||
12 | qualified hearing officer, who may be attended by one or more | ||||||
13 | members of the Board, designated by the Chairman. All of these | ||||||
14 | hearings shall be open to the public, and any person may submit | ||||||
15 | written statements to the Board in connection with the subject | ||||||
16 | of these hearings. In addition, the Board may permit any person | ||||||
17 | to offer oral testimony.
Any party to a hearing under this | ||||||
18 | subsection may be represented by counsel, make oral or written | ||||||
19 | argument, offer testimony, cross-examine witnesses, or take | ||||||
20 | any combination of those actions. All testimony taken before | ||||||
21 | the Board shall be recorded stenographically. The transcript so | ||||||
22 | recorded and any additional matter accepted for the record | ||||||
23 | shall be open to public inspection, and copies of those | ||||||
24 | materials shall be made available to any person upon payment of | ||||||
25 | the actual cost of reproducing the original. | ||||||
26 | (o) Through December 31, 2019, counties Counties that have |
| |||||||
| |||||||
1 | entered into a delegation agreement with the Agency pursuant to | ||||||
2 | subsection (r) of Section 4 of the Illinois Environmental | ||||||
3 | Protection Act for the purpose of conducting inspection, | ||||||
4 | investigation, or enforcement-related functions may conduct | ||||||
5 | inspections for noncompliance with this Act. | ||||||
6 | (Source: P.A. 98-714, eff. 7-16-14; 99-13, eff. 7-10-15.)
| ||||||
7 | (415 ILCS 150/30) | ||||||
8 | Sec. 30. Manufacturer responsibilities. | ||||||
9 | (a) Prior to April 1, 2009 for the first program year, and | ||||||
10 | by October 1 for program year 2011 and each program year | ||||||
11 | thereafter, through program year 2018, manufacturers who sell | ||||||
12 | computers, computer monitors, printers, televisions, | ||||||
13 | electronic keyboards, facsimile machines, videocassette | ||||||
14 | recorders, portable digital music players, digital video disc | ||||||
15 | players, video game consoles, electronic mice, scanners, | ||||||
16 | digital converter boxes, cable receivers, satellite receivers, | ||||||
17 | digital video disc recorders, or small-scale servers in this | ||||||
18 | State must register with the Agency. The registration must be | ||||||
19 | submitted in the form and manner required by the Agency. The | ||||||
20 | registration must include, without limitation, all of the | ||||||
21 | following: | ||||||
22 | (1) a list of all of the manufacturer's brands of | ||||||
23 | computers, computer monitors, printers, televisions, | ||||||
24 | electronic keyboards, facsimile machines, videocassette | ||||||
25 | recorders, portable digital music players, digital video |
| |||||||
| |||||||
1 | disc players, video game consoles, electronic mice, | ||||||
2 | scanners, digital converter boxes, cable receivers, | ||||||
3 | satellite receivers, digital video disc recorders, and | ||||||
4 | small-scale servers to be offered for sale in the next | ||||||
5 | program year; | ||||||
6 | (2) (blank); and | ||||||
7 | (3) a statement disclosing whether any of the | ||||||
8 | manufacturer's computers, computer monitors, printers, | ||||||
9 | televisions, electronic keyboards, facsimile machines, | ||||||
10 | videocassette recorders, portable digital music players, | ||||||
11 | digital video disc players, video game consoles, | ||||||
12 | electronic mice, scanners, digital converter boxes, cable | ||||||
13 | receivers, satellite receivers, digital video disc | ||||||
14 | recorders, or small-scale servers sold in this State exceed | ||||||
15 | the maximum concentration values established for lead, | ||||||
16 | mercury, cadmium, hexavalent chromium, polybrominated | ||||||
17 | biphenyls (PBBs), and polybrominated diphenyl ethers | ||||||
18 | (PBDEEs) under the RoHS (restricting the use of certain | ||||||
19 | hazardous substances in electrical and electronic | ||||||
20 | equipment) Directive 2002/95/EC of the European Parliament | ||||||
21 | and Council and any amendments thereto and, if so, an | ||||||
22 | identification of the aforementioned electronic device | ||||||
23 | that exceeds the directive. | ||||||
24 | If, during the program year, any of the manufacturer's | ||||||
25 | aforementioned electronic devices are sold or offered for sale | ||||||
26 | in Illinois under a new brand that is not listed in the |
| |||||||
| |||||||
1 | manufacturer's registration, then, within 30 days after the | ||||||
2 | first sale or offer for sale under the new brand, the | ||||||
3 | manufacturer must amend its registration to add the new brand. | ||||||
4 | (b) Prior to July 1, 2009 for the first program year, and | ||||||
5 | by the November 1 preceding each program year thereafter, | ||||||
6 | through program year 2018 years 2011 and later , all | ||||||
7 | manufacturers whose computers, computer monitors, printers, | ||||||
8 | televisions, electronic keyboards, facsimile machines, | ||||||
9 | videocassette recorders, portable digital music players, | ||||||
10 | digital video disc players, video game consoles, electronic | ||||||
11 | mice, scanners, digital converter boxes, cable receivers, | ||||||
12 | satellite receivers, digital video disc recorders, or | ||||||
13 | small-scale servers are offered for sale in the State shall | ||||||
14 | submit to the Agency, at an address prescribed by the Agency, | ||||||
15 | the registration fee for the next program year. The | ||||||
16 | registration fee for program year 2010 is $5,000. The | ||||||
17 | registration fee for program year 2011 is $5,000, increased by | ||||||
18 | the applicable inflation factor as described below. In program | ||||||
19 | year 2012, if, in program year 2011, a manufacturer sold 250 or | ||||||
20 | fewer of the aforementioned electronic devices in the State, | ||||||
21 | then the registration fee for that manufacturer is $1,250. In | ||||||
22 | each program year after 2012, if, in the preceding program | ||||||
23 | year, a manufacturer sold 250 or fewer of the aforementioned | ||||||
24 | electronic devices in the State, then the registration fee is | ||||||
25 | the fee that applied in the previous year to manufacturers that | ||||||
26 | sold that number of the aforementioned electronic devices, |
| |||||||
| |||||||
1 | increased by the applicable inflation factor as described | ||||||
2 | below. In program year 2012, if, in the preceding program year | ||||||
3 | a manufacturer sold 251 or more of the aforementioned | ||||||
4 | electronic devices in the State, then the registration fee for | ||||||
5 | that manufacturer is $5,000. In each program year after 2012 | ||||||
6 | through program year 2018 , if, in the preceding program year, a | ||||||
7 | manufacturer sold 251 or more of the aforementioned electronic | ||||||
8 | devices in the State, then the registration fee is the fee that | ||||||
9 | applied in the previous year to manufacturers that sold that | ||||||
10 | number of the aforementioned electronic devices, increased by | ||||||
11 | the applicable inflation factor as described below. For program | ||||||
12 | year 2011, program year 2013, and each program year thereafter, | ||||||
13 | through program year 2018, the applicable registration fee is | ||||||
14 | increased each year by an inflation factor determined by the | ||||||
15 | annual Implicit Price Deflator for Gross National Product, as | ||||||
16 | published by the U.S. Department of Commerce in its Survey of | ||||||
17 | Current Business. The inflation factor must be calculated each | ||||||
18 | year by dividing the latest published annual Implicit Price | ||||||
19 | Deflator for Gross National Product by the annual Implicit | ||||||
20 | Price Deflator for Gross National Product for the previous | ||||||
21 | year. The inflation factor must be rounded to the nearest | ||||||
22 | 1/100th, and the resulting registration fee must be rounded to | ||||||
23 | the nearest whole dollar. No later than October 1 of each | ||||||
24 | program year, through October 1, 2017, the Agency shall post on | ||||||
25 | its website the registration fee for the next program year. | ||||||
26 | (c) Through program year 2018, a A manufacturer whose |
| |||||||
| |||||||
1 | computers, computer monitors, printers, televisions, | ||||||
2 | electronic keyboards, facsimile machines, videocassette | ||||||
3 | recorders, portable digital music players, digital video disc | ||||||
4 | players, video game consoles, electronic mice, scanners, | ||||||
5 | digital converter boxes, cable receivers, satellite receivers, | ||||||
6 | digital video disc recorders, or small-scale servers are sold | ||||||
7 | or offered for sale in this State on or after January 1 of a | ||||||
8 | program year must register with the Agency within 30 days after | ||||||
9 | the first sale or offer for sale in accordance with subsection | ||||||
10 | (a) of this Section and submit the registration fee required | ||||||
11 | under subsection (b) of this Section prior to the | ||||||
12 | aforementioned electronic devices being sold or offered for | ||||||
13 | sale. | ||||||
14 | (d) Through program year 2018, each Each manufacturer shall | ||||||
15 | recycle or process for reuse CEDs and EEDs whose total weight | ||||||
16 | equals or exceeds the manufacturer's individual recycling and | ||||||
17 | reuse goal set forth in Section 15 of this Act. Individual | ||||||
18 | consumers shall not be charged a fee when bringing their CEDs | ||||||
19 | and EEDs to collection locations, unless a financial incentive | ||||||
20 | of equal or greater value, such as a coupon, is provided. | ||||||
21 | Collectors may charge a fee for premium services such as | ||||||
22 | curbside collection, home pick-up, or a similar method of | ||||||
23 | collection. | ||||||
24 | When determining whether a manufacturer has met or exceeded | ||||||
25 | its individual recycling and reuse goal set forth in Section 15 | ||||||
26 | of this Act, all of the following adjustments must be made: |
| |||||||
| |||||||
1 | (1) The total weight of CEDs processed by the | ||||||
2 | manufacturer, its recyclers, or its refurbishers for reuse | ||||||
3 | is doubled. | ||||||
4 | (2) The total weight of CEDs is tripled if they are | ||||||
5 | donated for reuse by the manufacturer to a primary or | ||||||
6 | secondary public education institution the majority of | ||||||
7 | whose students are considered low income or | ||||||
8 | developmentally disabled or to low-income children or | ||||||
9 | families or to assist the developmentally disabled in | ||||||
10 | Illinois. This subsection applies only to CEDs for which | ||||||
11 | the manufacturer has received a written confirmation that | ||||||
12 | the recipient has accepted the donation. Copies of all | ||||||
13 | written confirmations must be submitted in the annual | ||||||
14 | report required under Section 30. | ||||||
15 | (3) The total weight of CEDs collected by manufacturers | ||||||
16 | free of charge in underserved counties is doubled. This | ||||||
17 | subsection applies only to CEDs that are documented by | ||||||
18 | collectors as being collected or received free of charge in | ||||||
19 | underserved counties. This documentation must include, | ||||||
20 | without limitation, the date and location of collection or | ||||||
21 | receipt, the weight of the CEDs collected or received, and | ||||||
22 | an acknowledgement by the collector that the CEDs were | ||||||
23 | collected or received free of charge. Copies of the | ||||||
24 | documentation must be submitted in the annual report | ||||||
25 | required under subsection (h), (i), (j), (k), or (l) of | ||||||
26 | Section 30. |
| |||||||
| |||||||
1 | (4) If an entity (i) collects, recycles, or refurbishes | ||||||
2 | CEDs for a manufacturer, (ii) qualifies for non-profit | ||||||
3 | status under Section 501(c)(3) of the Internal Revenue Code | ||||||
4 | of 1986, and (iii) at least 75% of its employees are | ||||||
5 | developmentally disabled, then the total weight of CEDs | ||||||
6 | will be tripled. A manufacturer that uses such a recycler | ||||||
7 | or refurbisher shall submit documentation in the annual | ||||||
8 | report required under Section 30 identifying the name, | ||||||
9 | location, and length of service of the entity that | ||||||
10 | qualifies for credit under this subsection. | ||||||
11 | (e) (Blank). | ||||||
12 | (f) Through program year 2018, manufacturers Manufacturers | ||||||
13 | shall ensure that only recyclers and refurbishers that have | ||||||
14 | registered with the Agency are used to meet the individual | ||||||
15 | recycling and reuse goals set forth in this Act. | ||||||
16 | (g) Through program year 2018, manufacturers Manufacturers | ||||||
17 | shall ensure that the recyclers and refurbishers used to meet | ||||||
18 | the individual recycling and reuse goals set forth in this Act | ||||||
19 | shall, at a minimum, comply with the standards set forth under | ||||||
20 | subsection (d) of Section 50 of this Act. By November 1, 2011 | ||||||
21 | and every November 1 thereafter, through November 1, 2017, | ||||||
22 | manufacturers shall submit a document, as prescribed by the | ||||||
23 | Agency, listing each registered recycler and refurbisher that | ||||||
24 | will be used to meet the manufacturer's annual CED recycling | ||||||
25 | and reuse goal and certifying that those recyclers or | ||||||
26 | refurbishers comply with the standards set forth in subsection |
| |||||||
| |||||||
1 | (d) of Section 50. | ||||||
2 | (h) By September 1, 2012 and every September 1 thereafter, | ||||||
3 | through September 1, 2017, manufacturers of computers, | ||||||
4 | computer monitors, printers, televisions, electronic | ||||||
5 | keyboards, facsimile machines, videocassette recorders, | ||||||
6 | portable digital music players, digital video disc players, | ||||||
7 | video game consoles, electronic mice, scanners, digital | ||||||
8 | converter boxes, cable receivers, satellite receivers, digital | ||||||
9 | video disc recorders, or small-scale servers shall submit to | ||||||
10 | the Agency, in the form and manner required by the Agency, a | ||||||
11 | report that contains the total weight of the aforementioned | ||||||
12 | electronic devices sold under each of the manufacturer's brands | ||||||
13 | to individuals in this State as calculated under subsection (c) | ||||||
14 | and (c-5) of Section 15, as applicable. Each manufacturer shall | ||||||
15 | indicate on the report whether the total weight of the | ||||||
16 | aforementioned electronic devices was derived from its own | ||||||
17 | sales records or national sales data. If a manufacturer's | ||||||
18 | weight for aforementioned electronic devices is derived from | ||||||
19 | national sales data, the manufacturer shall indicate the source | ||||||
20 | of the sales data. | ||||||
21 | (i) (Blank). | ||||||
22 | (j) (Blank). | ||||||
23 | (k) (Blank). | ||||||
24 | (l) On or before January 31, 2013 and on or before every | ||||||
25 | January 31 thereafter, through January 31, 2019, manufacturers | ||||||
26 | of computers, computer monitors, printers, televisions, |
| |||||||
| |||||||
1 | electronic keyboards, facsimile machines, videocassette | ||||||
2 | recorders, portable digital music players, digital video disc | ||||||
3 | players, video game consoles, electronic mice, scanners, | ||||||
4 | digital converter boxes, cable receivers, satellite receivers, | ||||||
5 | digital video disc recorders, and small-scale servers shall | ||||||
6 | submit to the Agency, on forms and in a format prescribed by | ||||||
7 | the Agency, a report that contains all of the following | ||||||
8 | information for the previous program year: | ||||||
9 | (1) The total weight of computers, the total weight of | ||||||
10 | computer monitors, the total weight of printers, facsimile | ||||||
11 | machines, and scanners, the total weight of televisions, | ||||||
12 | the total weight of the remaining CEDs, and the total | ||||||
13 | weight of EEDs recycled or processed for reuse. | ||||||
14 | (2) The identification of all weights that are adjusted | ||||||
15 | under subsection (d) of this Section. For all weights | ||||||
16 | adjusted under item (2) of subsection (d), the manufacturer | ||||||
17 | must include copies of the written confirmation required | ||||||
18 | under that subsection. | ||||||
19 | (3) A list of each recycler, refurbisher, and collector | ||||||
20 | used by the manufacturer to fulfill the manufacturer's | ||||||
21 | individual recycling and reuse goal set forth in | ||||||
22 | subsections (c) and (c-5) of Section 15 of this Act. | ||||||
23 | (4) A summary of the manufacturer's consumer education | ||||||
24 | program required under subsection (m) of this Section. | ||||||
25 | (m) Through program year 2018, manufacturers Manufacturers | ||||||
26 | must develop and maintain a consumer education program that |
| |||||||
| |||||||
1 | complements and corresponds to the primary retailer-driven | ||||||
2 | campaign required under Section 40 of this Act. The education | ||||||
3 | program shall promote the recycling of electronic products and | ||||||
4 | proper end-of-life management of the products by consumers. | ||||||
5 | (n) Beginning January 1, 2012, and through December 31, | ||||||
6 | 2018, no manufacturer may sell a computer, computer monitor, | ||||||
7 | printer, television, electronic keyboard, facsimile machine, | ||||||
8 | videocassette recorder, portable digital music player, digital | ||||||
9 | video disc player, video game console, electronic mouse, | ||||||
10 | scanner, digital converter box, cable receiver, satellite | ||||||
11 | receiver, digital video disc recorder, or small-scale server in | ||||||
12 | this State unless the manufacturer is registered with the State | ||||||
13 | as required under this Act, has paid the required registration | ||||||
14 | fee, and is otherwise in compliance with the provisions of this | ||||||
15 | Act. | ||||||
16 | (o) Beginning January 1, 2012, and through December 31, | ||||||
17 | 2018, no manufacturer may sell a computer, computer monitor, | ||||||
18 | printer, television, electronic keyboard, facsimile machine, | ||||||
19 | videocassette recorder, portable digital music player, digital | ||||||
20 | video disc player, video game console, electronic mouse, | ||||||
21 | scanner, digital converter box, cable receiver, satellite | ||||||
22 | receiver, digital video disc recorder, or small-scale server in | ||||||
23 | this State unless the manufacturer's brand name is permanently | ||||||
24 | affixed to, and is readily visible on, the computer, computer | ||||||
25 | monitor, printer, or television. | ||||||
26 | (Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.)
|
| |||||||
| |||||||
1 | (415 ILCS 150/40) | ||||||
2 | Sec. 40. Retailer responsibilities. | ||||||
3 | (a) Through program year 2018, retailers Retailers shall be | ||||||
4 | a primary source of information about end-of-life options to | ||||||
5 | residential consumers of computers, computer monitors, | ||||||
6 | printers, and televisions. At the time of sale, the retailer | ||||||
7 | shall provide each residential consumer with information from | ||||||
8 | the Agency's website that provides information detailing where | ||||||
9 | and how a consumer can recycle a CED or return a CED for reuse. | ||||||
10 | (b) Beginning January 1, 2010, and through December 31, | ||||||
11 | 2018, no retailer may sell or offer for sale any computer, | ||||||
12 | computer monitor, printer, or television in or for delivery | ||||||
13 | into this State unless: | ||||||
14 | (1) the computer, computer monitor, printer, or | ||||||
15 | television is labeled with a brand and the label is
| ||||||
16 | permanently affixed and readily visible; and | ||||||
17 | (2) the manufacturer is registered with the Agency and | ||||||
18 | has paid the required registration fee as required under | ||||||
19 | Section 20 of this Act. | ||||||
20 | This subsection (b) does not apply to any computer, computer | ||||||
21 | monitor, printer, or television that was purchased prior to | ||||||
22 | January 1, 2010. | ||||||
23 | (c) By July 1, 2009, retailers shall report to each | ||||||
24 | television manufacturer, by model, the number of televisions | ||||||
25 | sold at retail to individuals in this State under each of the |
| |||||||
| |||||||
1 | manufacturer's brands during the 6-month period from October 1, | ||||||
2 | 2008 through March 31, 2009. | ||||||
3 | (d) (Blank). | ||||||
4 | (e) (Blank). | ||||||
5 | (f) Notwithstanding any other provision in this Act, a | ||||||
6 | retailer may collect a fee for any CED or EED accepted. | ||||||
7 | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
| ||||||
8 | (415 ILCS 150/50)
| ||||||
9 | Sec. 50. Recycler and refurbisher registration. | ||||||
10 | (a) Prior to January 1 of each program year, through | ||||||
11 | program year 2018, each recycler and refurbisher must register | ||||||
12 | with the Agency and submit a registration fee pursuant to | ||||||
13 | subsection (b) for that program year. Registration must be on | ||||||
14 | forms and in a format prescribed by the Agency and shall | ||||||
15 | include, but not be limited to, the address of each location | ||||||
16 | where the recycler or refurbisher manages CEDs or EEDs and | ||||||
17 | identification of each location at which the recycler or | ||||||
18 | refurbisher accepts CEDs or EEDs from a residence. | ||||||
19 | (b) The registration fee for program year 2010 is $2,000. | ||||||
20 | For program year 2011, if a recycler's or refurbisher's annual | ||||||
21 | combined total weight of CEDs and EEDs is less than 1,000 tons | ||||||
22 | per year, the registration fee shall be $500. For program year | ||||||
23 | 2012 and for all subsequent program years, through program year | ||||||
24 | 2018, both registration fees shall be increased each year by an | ||||||
25 | inflation factor determined by the annual Implicit Price |
| |||||||
| |||||||
1 | Deflator for Gross National Product as published by the U.S. | ||||||
2 | Department of Commerce in its Survey of Current Business. The | ||||||
3 | inflation factor must be calculated each year by dividing the | ||||||
4 | latest published annual Implicit Price Deflator for Gross | ||||||
5 | National Product by the annual Implicit Price Deflator for | ||||||
6 | Gross National Product for the previous year. The inflation | ||||||
7 | factor must be rounded to the nearest 1/100th, and the | ||||||
8 | resulting registration fee must be rounded to the nearest whole | ||||||
9 | dollar. No later than October 1 of each program year, through | ||||||
10 | October 1, 2017, the Agency shall post on its website the | ||||||
11 | registration fee for the next program year. | ||||||
12 | (c) Through program year 2018, no No person may act as a | ||||||
13 | recycler or a refurbisher of CEDs for a manufacturer obligated | ||||||
14 | to meet goals under this Act unless the recycler or refurbisher | ||||||
15 | is registered with the Agency and has paid the registration fee | ||||||
16 | as required under this Section. Beginning in program year 2016, | ||||||
17 | and through program year 2018, all recycling or refurbishing | ||||||
18 | facilities used by collectors of CEDs and EEDs shall be | ||||||
19 | accredited by the Responsible Recycling (R2) Practices or | ||||||
20 | e-Stewards certification programs or any other equivalent | ||||||
21 | certification programs recognized by the United States | ||||||
22 | Environmental Protection Agency. Manufacturers of CEDs and | ||||||
23 | EEDs shall ensure that recycling or refurbishing facilities | ||||||
24 | used as part of their recovery programs meet this requirement. | ||||||
25 | (c-5) Through program year 2018, a A registered recycler or | ||||||
26 | refurbisher of CEDs and EEDs for a manufacturer obligated to |
| |||||||
| |||||||
1 | meet goals under this Act may not charge individual consumers | ||||||
2 | or units of local government acting as collectors a fee to | ||||||
3 | recycle or refurbish CEDs and EEDs, unless the recycler or | ||||||
4 | refurbisher provides (i) a financial incentive, such as a | ||||||
5 | coupon, that is of greater or equal value to the fee being | ||||||
6 | charged or (ii) premium service, such as curbside collection, | ||||||
7 | home pick-up, or similar methods of collection. Local units of | ||||||
8 | government serving as collectors of CEDs and EEDs shall not | ||||||
9 | charge a manufacturer for collection costs and shall offer the | ||||||
10 | manufacturer or its representative all CEDs and EEDs collected | ||||||
11 | by the local government at no cost. Nothing in this Act | ||||||
12 | requires a local unit of government to serve as a collector. | ||||||
13 | (c-10) Nothing in this Act prohibits any waste hauler from | ||||||
14 | entering into a contractual agreement with a unit of local | ||||||
15 | government to establish a collection program for the recycling | ||||||
16 | or reuse of CEDs or EEDs, including services such as curbside | ||||||
17 | collection, home pick-up, drop-off locations, or similar | ||||||
18 | methods of collection. | ||||||
19 | (d) Through program year 2018, recyclers Recyclers and | ||||||
20 | refurbishers must, at a minimum, comply with all of the | ||||||
21 | following: | ||||||
22 | (1) Recyclers and refurbishers must comply with | ||||||
23 | federal, State, and local laws and regulations, including | ||||||
24 | federal and State minimum wage laws, specifically relevant | ||||||
25 | to the handling, processing, refurbishing and recycling of | ||||||
26 | residential CEDs and must have proper authorization by all |
| |||||||
| |||||||
1 | appropriate governing authorities to perform the handling, | ||||||
2 | processing, refurbishment, and recycling. | ||||||
3 | (2) Recyclers and refurbishers must implement the | ||||||
4 | appropriate measures to safeguard occupational and | ||||||
5 | environmental health and safety, through the following: | ||||||
6 | (A) environmental health and safety training of | ||||||
7 | personnel, including training with regard to material | ||||||
8 | and equipment handling, worker exposure, controlling | ||||||
9 | releases, and safety and emergency procedures; | ||||||
10 | (B) an up-to-date, written plan for the | ||||||
11 | identification and management of hazardous materials; | ||||||
12 | and | ||||||
13 | (C) an up-to-date, written plan for reporting and | ||||||
14 | responding to exceptional pollutant releases, | ||||||
15 | including emergencies such as accidents, spills, | ||||||
16 | fires, and explosions. | ||||||
17 | (3) Recyclers and refurbishers must maintain (i) | ||||||
18 | commercial general liability insurance or the equivalent | ||||||
19 | corporate guarantee for accidents and other emergencies | ||||||
20 | with limits of not less than $1,000,000 per occurrence and | ||||||
21 | $1,000,000 aggregate and (ii) pollution legal liability | ||||||
22 | insurance with limits not less than $1,000,000 per | ||||||
23 | occurrence for companies engaged solely in the dismantling | ||||||
24 | activities and $5,000,000 per occurrence for companies | ||||||
25 | engaged in recycling. | ||||||
26 | (4) Recyclers and refurbishers must maintain on file |
| |||||||
| |||||||
1 | documentation that demonstrates the completion of an | ||||||
2 | environmental health and safety audit completed and | ||||||
3 | certified by a competent internal and external auditor | ||||||
4 | annually. A competent auditor is an individual who, through | ||||||
5 | professional training or work experience, is appropriately | ||||||
6 | qualified to evaluate the environmental health and safety | ||||||
7 | conditions, practices, and procedures of the facility. | ||||||
8 | Documentation of auditors' qualifications must be | ||||||
9 | available for inspection by Agency officials and | ||||||
10 | third-party auditors. | ||||||
11 | (5) Recyclers and refurbishers must maintain on file | ||||||
12 | proof of workers' compensation and employers' liability | ||||||
13 | insurance. | ||||||
14 | (6) Recyclers and refurbishers must provide adequate | ||||||
15 | assurance (such as bonds or corporate guarantee) to cover | ||||||
16 | environmental and other costs of the closure of the | ||||||
17 | recycler or refurbisher's facility, including cleanup of | ||||||
18 | stockpiled equipment and materials. | ||||||
19 | (7) Recyclers and refurbishers must apply due | ||||||
20 | diligence principles to the selection of facilities to | ||||||
21 | which components and materials (such as plastics, metals, | ||||||
22 | and circuit boards) from CEDs and EEDs are sent for reuse | ||||||
23 | and recycling. | ||||||
24 | (8) Recyclers and refurbishers must establish a | ||||||
25 | documented environmental management system that is | ||||||
26 | appropriate in level of detail and documentation to the |
| |||||||
| |||||||
1 | scale and function of the facility, including documented | ||||||
2 | regular self-audits or inspections of the recycler or | ||||||
3 | refurbisher's environmental compliance at the facility. | ||||||
4 | (9) Recyclers and refurbishers must use the | ||||||
5 | appropriate equipment for the proper processing of | ||||||
6 | incoming materials as well as controlling environmental | ||||||
7 | releases to the environment. The dismantling operations | ||||||
8 | and storage of CED and EED components that contain | ||||||
9 | hazardous substances must be conducted indoors and over | ||||||
10 | impervious floors. Storage areas must be adequate to hold | ||||||
11 | all processed and unprocessed inventory. When heat is used | ||||||
12 | to soften solder and when CED and EED components are | ||||||
13 | shredded, operations must be designed to control indoor and | ||||||
14 | outdoor hazardous air emissions. | ||||||
15 | (10) Recyclers and refurbishers must establish a | ||||||
16 | system for identifying and properly managing components | ||||||
17 | (such as circuit boards, batteries, CRTs, and mercury | ||||||
18 | phosphor lamps) that are removed from CEDs and EEDs during | ||||||
19 | disassembly. Recyclers and refurbishers must properly | ||||||
20 | manage all hazardous and other components requiring | ||||||
21 | special handling from CEDs and EEDs consistent with | ||||||
22 | federal, State, and local laws and regulations. Recyclers | ||||||
23 | and refurbishers must provide visible tracking (such as | ||||||
24 | hazardous waste manifests or bills of lading) of hazardous | ||||||
25 | components and materials from the facility to the | ||||||
26 | destination facilities and documentation (such as |
| |||||||
| |||||||
1 | contracts) stating how the destination facility processes | ||||||
2 | the materials received. No recycler or refurbisher may | ||||||
3 | send, either directly or through intermediaries, hazardous | ||||||
4 | wastes to solid waste (non-hazardous waste) landfills or to | ||||||
5 | non-hazardous waste incinerators for disposal or energy | ||||||
6 | recovery. For the purpose of these guidelines, smelting of | ||||||
7 | hazardous wastes to recover metals for reuse in conformance | ||||||
8 | with all applicable laws and regulations is not considered | ||||||
9 | disposal or energy recovery. | ||||||
10 | (11) Recyclers and refurbishers must use a regularly | ||||||
11 | implemented and documented monitoring and record-keeping | ||||||
12 | program that tracks inbound CED and EED material weights | ||||||
13 | (total) and subsequent outbound weights (total to each | ||||||
14 | destination), injury and illness rates, and compliance | ||||||
15 | with applicable permit parameters including monitoring of | ||||||
16 | effluents and emissions. Recyclers and refurbishers must | ||||||
17 | maintain contracts or other documents, such as sales | ||||||
18 | receipts, suitable to demonstrate: (i) the reasonable | ||||||
19 | expectation that there is a downstream market or uses for | ||||||
20 | designated electronics (which may include recycling or | ||||||
21 | reclamation processes such as smelting to recover metals | ||||||
22 | for reuse); and (ii) that any residuals from recycling or | ||||||
23 | reclamation processes, or both, are properly handled and | ||||||
24 | managed to maximize reuse and recycling of materials to the | ||||||
25 | extent practical. | ||||||
26 | (12) Recyclers and refurbishers must comply with |
| |||||||
| |||||||
1 | federal and international law and agreements regarding the | ||||||
2 | export of used products or materials. In the case of | ||||||
3 | exports of CEDs and EEDs, recyclers and refurbishers must | ||||||
4 | comply with applicable requirements of the U.S. and of the | ||||||
5 | import and transit countries and must maintain proper | ||||||
6 | business records documenting its compliance. No recycler | ||||||
7 | or refurbisher may establish or use intermediaries for the | ||||||
8 | purpose of circumventing these U.S. import and transit | ||||||
9 | country requirements. | ||||||
10 | (13) Recyclers and refurbishers that conduct | ||||||
11 | transactions involving the transboundary shipment of used | ||||||
12 | CEDs and EEDs shall use contracts (or the equivalent | ||||||
13 | commercial arrangements) made in advance that detail the | ||||||
14 | quantity and nature of the materials to be shipped. For the | ||||||
15 | export of materials to a foreign country (directly or | ||||||
16 | indirectly through downstream market contractors): (i) the | ||||||
17 | shipment of intact televisions and computer monitors | ||||||
18 | destined for reuse must include only whole products that | ||||||
19 | are tested and certified as being in working order or | ||||||
20 | requiring only minor repair (e.g. not requiring the | ||||||
21 | replacement of circuit boards or CRTs), must be destined | ||||||
22 | for reuse with respect to the original purpose, and the | ||||||
23 | recipient must have verified a market for the sale or | ||||||
24 | donation of such product for reuse; (ii) the shipments of | ||||||
25 | CEDs and EEDs for material recovery must be prepared in a | ||||||
26 | manner for recycling, including, without limitation, |
| |||||||
| |||||||
1 | smelting where metals will be recovered, plastics recovery | ||||||
2 | and glass-to-glass recycling; or (iii) the shipment of CEDs | ||||||
3 | and EEDs are being exported to companies or facilities that | ||||||
4 | are owned or controlled by the original equipment | ||||||
5 | manufacturer. | ||||||
6 | (14) Recyclers and refurbishers must maintain the | ||||||
7 | following export records for each shipment on file for a | ||||||
8 | minimum of 3 years: (i) the facility name and the address | ||||||
9 | to which shipment is exported; (ii) the shipment contents | ||||||
10 | and volumes; (iii) the intended use of contents by the | ||||||
11 | destination facility; (iv) any specification required by | ||||||
12 | the destination facility in relation to shipment contents; | ||||||
13 | (v) an assurance that all shipments for export, as | ||||||
14 | applicable to the CED manufacturer, are legal and satisfy | ||||||
15 | all applicable laws of the destination country. | ||||||
16 | (15) Recyclers and refurbishers must employ | ||||||
17 | industry-accepted procedures for the destruction or | ||||||
18 | sanitization of data on hard drives and other data storage | ||||||
19 | devices. Acceptable guidelines for the destruction or | ||||||
20 | sanitization of data are contained in the National | ||||||
21 | Institute of Standards and Technology's Guidelines for | ||||||
22 | Media Sanitation or those guidelines certified by the | ||||||
23 | National Association for Information Destruction; | ||||||
24 | (16) No recycler or refurbisher may employ prison labor | ||||||
25 | in any operation related to the collection, | ||||||
26 | transportation, recycling, and refurbishment of CEDs and |
| |||||||
| |||||||
1 | EEDs. No recycler or refurbisher may employ any third party | ||||||
2 | that uses or subcontracts for the use of prison labor.
| ||||||
3 | (Source: P.A. 99-13, eff. 7-10-15.)
| ||||||
4 | (415 ILCS 150/55)
| ||||||
5 | Sec. 55. Collector responsibilities. | ||||||
6 | (a) No later than January 1 of each program year, through | ||||||
7 | program year 2018, collectors that collect or receive CEDs or | ||||||
8 | EEDs for one or more manufacturers, recyclers, or refurbishers | ||||||
9 | shall register with the Agency. Registration must be in the | ||||||
10 | form and manner required by the Agency and must include, | ||||||
11 | without limitation, the address of each location where CEDs or | ||||||
12 | EEDs are received and the identification of each location at | ||||||
13 | which the collector accepts CEDs or EEDs from a residence. | ||||||
14 | Beginning January 1, 2016, and through December 31, 2018, | ||||||
15 | collectors shall work only with certified recyclers and | ||||||
16 | refurbishers as provided in subsection (c) of Section 50 of | ||||||
17 | this Act. | ||||||
18 | (b) Through program year 2018, manufacturers | ||||||
19 | Manufacturers , recyclers, refurbishers also acting as | ||||||
20 | collectors shall so indicate on their registration under | ||||||
21 | Section 30 or 50 and not register separately as collectors. | ||||||
22 | (c) No later than August 15, 2010, collectors must submit | ||||||
23 | to the Agency, on forms and in a format prescribed by the | ||||||
24 | Agency, a report for the period from January 1, 2010 through | ||||||
25 | June 30, 2010 that contains the following information: the |
| |||||||
| |||||||
1 | total weight of computers, the total weight of computer | ||||||
2 | monitors, the total weight of printers, the total weight of | ||||||
3 | televisions, and the total weight of EEDs collected or received | ||||||
4 | for each manufacturer. | ||||||
5 | (d) By January 31 of each program year, through January 31, | ||||||
6 | 2019, collectors must submit to the Agency, on forms and in a | ||||||
7 | format prescribed by the Agency, a report that contains the | ||||||
8 | following information for the previous program year: | ||||||
9 | (1) The total weight of computers, the total weight of | ||||||
10 | computer monitors, the total weight of printers, facsimile | ||||||
11 | machines, and scanners, the total weight of televisions, | ||||||
12 | the total weight of the remaining CEDs collected, and the | ||||||
13 | total weight of EEDs collected or received for each | ||||||
14 | manufacturer during the previous program year. | ||||||
15 | (2) A list of each recycler and refurbisher that | ||||||
16 | received CEDs and EEDs from the collector and the total | ||||||
17 | weight each recycler and refurbisher received. | ||||||
18 | (3) The address of each collector's facility where the | ||||||
19 | CEDs and EEDs were collected or received. Each facility | ||||||
20 | address must include the county in which the facility is | ||||||
21 | located. | ||||||
22 | (e) Through program year 2018, collectors Collectors may | ||||||
23 | accept no more than 10 CEDs or EEDs at one time from individual | ||||||
24 | members of the public and, when scheduling collection events, | ||||||
25 | shall provide no fewer than 30 days' notice to the county waste | ||||||
26 | agency of those events.
|
| |||||||
| |||||||
1 | (f) Through program year 2018, no No collector of CEDs and | ||||||
2 | EEDs may recycle, or refurbish for reuse or resale, CEDs or | ||||||
3 | EEDs to a third party unless the collector registers as a | ||||||
4 | recycler or refurbisher pursuant to Section 50 and pays the | ||||||
5 | registration fee pursuant to Section 50. | ||||||
6 | (Source: P.A. 98-714, eff. 7-16-14; 99-13, eff. 7-10-15.)
| ||||||
7 | (415 ILCS 150/60)
| ||||||
8 | Sec. 60. Collection strategy for underserved counties. | ||||||
9 | (a) For program year 2010 and 2011, all counties in this | ||||||
10 | State except the following are considered underserved: | ||||||
11 | Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock, | ||||||
12 | Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston, | ||||||
13 | Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock | ||||||
14 | Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren, | ||||||
15 | Will, Williamson, and Winnebago. | ||||||
16 | (b) For program year 2012 and each program year thereafter , | ||||||
17 | through program year 2018, underserved counties shall be those | ||||||
18 | counties within the State of Illinois with a population density | ||||||
19 | of 190 persons or less per square mile based on the most recent | ||||||
20 | U.S. Census population estimate.
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21 | (Source: P.A. 97-287, eff. 8-10-11.)
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22 | (415 ILCS 150/85)
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23 | Sec. 85. Electronics Recycling Fund. The Electronics | ||||||
24 | Recycling Fund is created as a special fund in the State |
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1 | treasury. The Agency shall deposit all registration fees | ||||||
2 | received under this Act into the Fund. All amounts held in the | ||||||
3 | Fund shall be invested at interest by the State Treasurer. All | ||||||
4 | income earned from the investments shall be deposited into the | ||||||
5 | Electronics Recycling Fund no less frequently than quarterly. | ||||||
6 | Pursuant to appropriation, all moneys in the Electronics | ||||||
7 | Recycling Fund may be used by the Agency for its administration | ||||||
8 | of this Act and the Consumer Electronics Recycling Act . Any | ||||||
9 | moneys appropriated from the Electronics Recycling Fund, but | ||||||
10 | not obligated, shall revert to the Fund. On July 1, 2018, the | ||||||
11 | Comptroller shall order transferred, and the Treasurer shall | ||||||
12 | transfer, all unexpended moneys in the Electronics Recycling | ||||||
13 | Fund into the Solid Waste Management Fund. On December 31, | ||||||
14 | 2019, the Comptroller shall order transferred, and the | ||||||
15 | Treasurer shall transfer, any remaining balance in the | ||||||
16 | Electronics Recycling Fund into the Solid Waste Management | ||||||
17 | Fund.
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18 | (Source: P.A. 95-959, eff. 9-17-08.)
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19 | (415 ILCS 150/100 new) | ||||||
20 | Sec. 100. Repeal. This Act is repealed on January 1, 2019.
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21 | ARTICLE 98. SEVERABILITY | ||||||
22 | Section 98-5. Severability. The provisions of this Act are | ||||||
23 | severable under Section 1.31 of the Statute on Statutes.
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1 | ARTICLE 99. EFFECTIVE DATE
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2 | Section 99-999. Effective date. This Act takes effect upon | ||||||
3 | becoming law, except that Section 5-5 takes effect on January | ||||||
4 | 1, 2020.
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