Bill Text: IL SB1690 | 2009-2010 | 96th General Assembly | Engrossed
Bill Title: Creates the Mercury Thermostat Collection Act. Requires thermostat manufacturers to establish and maintain a program for the collection and recycling of mercury thermostats. Sets forth requirements for the program. Requires that mercury thermostats be handled as universal waste. Prohibits wholesalers, retailers, and technicians from selling or distributing non-mercury thermostats if they have not taken certain actions with respect to the disposal of mercury thermostats. Sets forth penalties for violations of the Act. Requires the Environmental Protection Agency to publish certain information and make recommendations to the Governor and General Assembly concerning the collection of mercury thermostats. Contains other provisions. Effective immediately.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2009-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB1690 Detail]
Download: Illinois-2009-SB1690-Engrossed.html
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1 | AN ACT concerning environmental safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Mercury Thermostat Collection Act.
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6 | Section 5. Legislative Findings. The General Assembly | ||||||
7 | finds that it is a goal of the State that programs to collect | ||||||
8 | and recycle mercury thermostats that have been removed, | ||||||
9 | replaced, or otherwise taken out of service should achieve a | ||||||
10 | rate of at least 75 percent by 2014.
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11 | Section 10. Definitions. | ||||||
12 | "Agency" means the Illinois Environmental Protection | ||||||
13 | Agency. | ||||||
14 | "Board" means the Illinois Pollution Control Board. | ||||||
15 | "Mercury thermostat" means a thermostat that meets the | ||||||
16 | definition of a "mercury thermostat" under subdivision (f) of | ||||||
17 | Section 22.23b of the Environmental Protection Act. | ||||||
18 | "Person" means any individual, partnership, | ||||||
19 | co-partnership, firm, company, limited liability company, | ||||||
20 | corporation, association, joint stock company, trust, estate, | ||||||
21 | political subdivision, state agency, or any other legal entity, | ||||||
22 | or its legal representative, agent, or assigns. |
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1 | "Thermostat manufacturer" means a person that (i) produced | ||||||
2 | a mercury thermostat sold in this State prior to July 1, 2008, | ||||||
3 | or (ii) served as an importer or domestic distributor of a | ||||||
4 | mercury thermostat produced outside of the United States and | ||||||
5 | sold in this State prior to July 1, 2008. "Thermostat | ||||||
6 | manufacturer" does not include retailers for whom importing is | ||||||
7 | not their primary business. | ||||||
8 | "Thermostat retailer" means a person who sells thermostats | ||||||
9 | of any kind primarily to retail consumers. | ||||||
10 | "Thermostat technician" means a person that removes, | ||||||
11 | replaces, or otherwise takes out of service a mercury | ||||||
12 | thermostat. "Thermostat technician" does not include an | ||||||
13 | individual who removes, replaces, or otherwise takes out of | ||||||
14 | service a mercury thermostat that serves his or her own | ||||||
15 | residence. | ||||||
16 | "Thermostat wholesaler" means a person who sells | ||||||
17 | thermostats for resale.
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18 | Section 15. Mercury thermostat collection programs. | ||||||
19 | (a)
Thermostat manufacturers must, individually or | ||||||
20 | collectively, establish and maintain an Agency-approved | ||||||
21 | program for the collection and recycling of mercury thermostats | ||||||
22 | that have been removed, replaced, or otherwise taken out of | ||||||
23 | service. The program must: | ||||||
24 | (1) include outreach and education efforts directed | ||||||
25 | towards the following persons to inform them of the program |
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1 | and encourage their participation: thermostat wholesalers, | ||||||
2 | thermostat technicians, thermostat retailers, and retail | ||||||
3 | consumers; | ||||||
4 | (2) provide the following persons with containers to be | ||||||
5 | used for the collection of mercury thermostats along with | ||||||
6 | information regarding the proper management of mercury | ||||||
7 | thermostats as universal waste in accordance with the | ||||||
8 | Board's universal waste regulations: | ||||||
9 | (A) each thermostat wholesaler who requests to | ||||||
10 | participate in the program as a mercury thermostat | ||||||
11 | collection point; | ||||||
12 | (B) each thermostat technician that requests to | ||||||
13 | participate in the program as a mercury thermostat | ||||||
14 | collection point; and | ||||||
15 | (C) each thermostat retailer that requests to | ||||||
16 | participate in the program as a mercury thermostat | ||||||
17 | collection point; | ||||||
18 | (3) establish a financial incentive with a minimum | ||||||
19 | value of $5.00 for the return of each mercury thermostat to | ||||||
20 | a collection point participating in the program. The | ||||||
21 | financial incentive shall be in the form of cash or in the | ||||||
22 | form of a coupon that can be redeemed for cash from the | ||||||
23 | thermostat manufacturer or can be redeemed for a credit | ||||||
24 | toward purchase of merchandise from the wholesaler or in | ||||||
25 | the retail location where the thermostat was returned. The | ||||||
26 | incentive terminates on, and this subdivision (a)(3) does |
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1 | not apply after, December 31, 2015; and | ||||||
2 | (4) not include any fees or other charges to persons | ||||||
3 | participating in the program, except that each thermostat | ||||||
4 | wholesaler, thermostat technician, or thermostat retailer | ||||||
5 | that is provided with one or more collection containers may | ||||||
6 | be charged a program administration fee not to exceed $75 | ||||||
7 | per collection container. | ||||||
8 | (a-5) The education and outreach efforts required under | ||||||
9 | subdivision (a)(1) of this Section must include: | ||||||
10 | (A) The development of public service announcements | ||||||
11 | promoting the proper management of mercury thermostats | ||||||
12 | taken out of service. | ||||||
13 | (B) The creation and maintenance of a publicly | ||||||
14 | accessible website for the dissemination of educational | ||||||
15 | materials. The materials must be in a form and format that | ||||||
16 | can be easily downloaded and printed. The Agency must be | ||||||
17 | provided with a link to the website. The materials posted | ||||||
18 | on the website must include, but are not limited to, all of | ||||||
19 | the following: | ||||||
20 | (i) Signs designed to inform thermostat | ||||||
21 | technicians and retail consumers of the program and | ||||||
22 | encourage their participation. The signs must be | ||||||
23 | designed so that they can be prominently displayed and | ||||||
24 | will be easily visible to thermostat technicians and | ||||||
25 | retail consumers. | ||||||
26 | (ii) Written materials, or templates of written |
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1 | materials, that thermostat wholesalers and thermostat | ||||||
2 | retailers can provide to technicians and retail | ||||||
3 | consumers at the time thermostats are purchased or | ||||||
4 | delivered. The written material or templates must | ||||||
5 | include, but are not limited to, information about the | ||||||
6 | proper management of mercury thermostats taken out of | ||||||
7 | service and opportunities for the collection of such | ||||||
8 | thermostats. | ||||||
9 | (C) The development of strategies to contact and work | ||||||
10 | with thermostat wholesalers, technicians, and retailers to | ||||||
11 | secure support for, and participation in, the proper | ||||||
12 | management of mercury thermostats taken out of service. | ||||||
13 | (D) The development of strategies to encourage support | ||||||
14 | and participation by thermostat retailers to educate | ||||||
15 | retail consumers on the proper management of mercury | ||||||
16 | thermostats taken out of service. | ||||||
17 | (b) No later than January 1, 2010, thermostat manufacturers | ||||||
18 | must, individually or collectively, submit to the Agency a plan | ||||||
19 | for a mercury thermostat collection program. The plan must | ||||||
20 | demonstrate that the collection program meets the requirements | ||||||
21 | of subsection (a) of this Section. In reviewing a plan, the | ||||||
22 | Agency may consider the plan's consistency with other | ||||||
23 | thermostat manufacturer's collection plans in this State and | ||||||
24 | mercury thermostat collection programs in other states. In | ||||||
25 | addition, the Agency may consult with thermostat | ||||||
26 | manufacturers, thermostat wholesalers, thermostat technicians, |
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1 | thermostat retailers, and environmental interest groups. | ||||||
2 | Within 120 days after its receipt of a plan, the Agency must | ||||||
3 | approve or deny the plan in writing. The Agency must approve | ||||||
4 | the plan, with or without modifications, if the thermostat | ||||||
5 | manufacturer's collection program meets the requirements of | ||||||
6 | subsection (a) of this Section. If the Agency denies the plan | ||||||
7 | or approves the plan with conditions, the Agency's decision | ||||||
8 | shall be subject to appeal to the Board in accordance with the | ||||||
9 | procedures of Section 40 of the Environmental Protection Act | ||||||
10 | for appealing permit denials or conditions. | ||||||
11 | (c) No later than September 1, 2010, thermostat | ||||||
12 | manufacturers must, individually or collectively, implement an | ||||||
13 | Agency-approved mercury thermostat collection program, | ||||||
14 | including any modifications required by the Agency. | ||||||
15 | (d) No later than March 1, 2011, and no later than March 1 | ||||||
16 | of each year thereafter, thermostat manufacturers must, | ||||||
17 | individually or collectively, submit to the Agency a report on | ||||||
18 | their mercury thermostat collection program that at a minimum | ||||||
19 | contains the following information: | ||||||
20 | (1) the number of mercury thermostats collected under | ||||||
21 | the program during the previous calendar year; | ||||||
22 | (2) the estimated total amount of mercury contained in | ||||||
23 | the mercury thermostats collected under the program during | ||||||
24 | the previous calendar year; | ||||||
25 | (3) an evaluation of the effectiveness of the program, | ||||||
26 | including, but not limited to, the effectiveness of the |
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1 | incentives required under subdivision (a)(3) of this | ||||||
2 | Section; and | ||||||
3 | (4) a list of all thermostat wholesalers, thermostat | ||||||
4 | technicians, and thermostat retailers participating in the | ||||||
5 | program as mercury thermostat collection points.
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6 | Section 20. Management of out-of-service mercury | ||||||
7 | thermostats. Any thermostat technician, wholesaler, | ||||||
8 | manufacturer, or retailer participating in the program must | ||||||
9 | properly manage the mercury thermostat as universal waste in | ||||||
10 | accordance with the Board's universal waste regulations.
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11 | Section 25. Certain prohibited activities. On and after | ||||||
12 | July 1, 2010: | ||||||
13 | (1) No thermostat wholesaler may sell, offer to sell, | ||||||
14 | distribute, or offer to distribute a non-mercury | ||||||
15 | thermostat unless the wholesaler participates in one or | ||||||
16 | more collection programs required under this Act as a | ||||||
17 | mercury thermostat collection point. | ||||||
18 | (2) No thermostat technician may remove, replace, or | ||||||
19 | otherwise take out of service a mercury thermostat unless | ||||||
20 | the thermostat technician delivers it to a person | ||||||
21 | participating in a collection program required under this | ||||||
22 | Act as a mercury thermostat collection point.
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23 | Section 30. Information regarding the collection and |
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1 | recycling of mercury thermostats. | ||||||
2 | (a) No later than June 1, 2011, and no later than June 1 of | ||||||
3 | each year thereafter, the Agency must post on its website | ||||||
4 | information regarding the collection and recycling of mercury | ||||||
5 | thermostats in this State. The information must include, but is | ||||||
6 | not limited to, the following: | ||||||
7 | (1) a description of the collection programs | ||||||
8 | established under this Act; | ||||||
9 | (2) a report on the thermostat manufacturers' progress | ||||||
10 | towards achieving the collection goal set forth in Section | ||||||
11 | 5 of this Act; and | ||||||
12 | (3) a list of all thermostat wholesalers, thermostat | ||||||
13 | technicians, and thermostat retailers participating in the | ||||||
14 | program as collection points. | ||||||
15 | (b) No later than December 31, 2014 the Agency shall report | ||||||
16 | to the Governor and General Assembly regarding the | ||||||
17 | effectiveness of the program and make recommendations for | ||||||
18 | changes, and whether the incentives required under subdivision | ||||||
19 | (a)(3) of Section 15 should be continued.
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20 | Section 35. Duty to investigate. The Agency has the duty to | ||||||
21 | investigate violations of this Act.
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22 | Section 40. Penalties. | ||||||
23 | (a) Any thermostat manufacturer who violates any provision | ||||||
24 | of this Act or fails to perform any duty imposed by this Act |
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1 | (i) is liable for a civil penalty not to exceed $1,000 for the | ||||||
2 | first violation and an additional civil penalty not to exceed | ||||||
3 | $1,000 for each day the first violation continues and (ii) is | ||||||
4 | liable for a civil penalty not to exceed $5,000 for a second or | ||||||
5 | subsequent violation and an additional civil penalty not to | ||||||
6 | exceed $1,000 for each day the second or subsequent violation | ||||||
7 | continues. | ||||||
8 | (b) Any thermostat wholesaler, thermostat technician, or | ||||||
9 | thermostat retailer who violates any provision of this Act or | ||||||
10 | fails to perform any duty imposed by this Act is liable for a | ||||||
11 | civil penalty not to exceed $250 for the first violation and | ||||||
12 | not to exceed $500 for a second or subsequent violation. | ||||||
13 | (c) The penalties provided for in this Section may be | ||||||
14 | recovered in a civil action brought by the Attorney General on | ||||||
15 | behalf of the Agency and the People of the State of Illinois, | ||||||
16 | or by the State's Attorney of the county in which the violation | ||||||
17 | occurred. Without limiting any other authority that may exist | ||||||
18 | for the awarding of attorney's fees and costs, a court of | ||||||
19 | competent jurisdiction may award costs and reasonable | ||||||
20 | attorney's fees, including the reasonable costs of expert | ||||||
21 | witnesses and consultants, to the Attorney General or the | ||||||
22 | State's Attorney in a case where he or she has prevailed | ||||||
23 | against a person who has committed a willful, knowing, or | ||||||
24 | repeated violation of this Act. Any funds collected under this | ||||||
25 | Section in an action in which the Attorney General has | ||||||
26 | prevailed must be deposited into the Hazardous Waste Fund |
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1 | established under the Environmental Protection Act. Any funds | ||||||
2 | collected under this Section in an action in which a State's | ||||||
3 | Attorney has prevailed shall be retained by the county in which | ||||||
4 | he or she serves. | ||||||
5 | (d) The Attorney General or the State's Attorney of the | ||||||
6 | county in which the violation occurred may, at the request of | ||||||
7 | the Agency or on his or her own motion, institute a civil | ||||||
8 | action for an injunction, prohibitory or mandatory, to restrain | ||||||
9 | violations of this Act or to require such other actions as may | ||||||
10 | be necessary to address violations of this Act. | ||||||
11 | (e) The penalties and injunctions provided in this Act are | ||||||
12 | in addition to any penalties, injunctions, or other relief | ||||||
13 | provided under any other law. Nothing in this Act bars a cause | ||||||
14 | of action by the State for any other penalty, injunction, or | ||||||
15 | relief provided by any other law.
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16 | Section 45. Recommendations to the Governor and the General | ||||||
17 | Assembly. On or before January 1, 2011, the Agency shall | ||||||
18 | investigate and make recommendations to the Governor and the | ||||||
19 | General Assembly regarding strategies for improving the | ||||||
20 | collection and proper management of mercury thermostats | ||||||
21 | removed, replaced, or otherwise taken out of service by | ||||||
22 | homeowners. In developing its recommendations, the Agency | ||||||
23 | shall consult with thermostat manufacturers, thermostat | ||||||
24 | retailers, local governments, recycling associations, | ||||||
25 | environmental interest groups, and other appropriate |
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1 | stakeholder groups. The Agency shall identify the best | ||||||
2 | available options for collecting mercury thermostats from | ||||||
3 | homeowners taking into account such considerations as cost and | ||||||
4 | convenience, safety and training, education and outreach | ||||||
5 | needs, and shared responsibilities for implementing the | ||||||
6 | collection and recycling program.
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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