Bill Text: IL SB2106 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Moderate Partisan Bill (Democrat 50-8)
Status: (Passed) 2011-08-10 - Public Act . . . . . . . . . 97-0287 [SB2106 Detail]
Download: Illinois-2011-SB2106-Amended.html
Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Moderate Partisan Bill (Democrat 50-8)
Status: (Passed) 2011-08-10 - Public Act . . . . . . . . . 97-0287 [SB2106 Detail]
Download: Illinois-2011-SB2106-Amended.html
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1 | AMENDMENT TO SENATE BILL 2106
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2 | AMENDMENT NO. ______. Amend Senate Bill 2106, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Electronic Products Recycling and Reuse Act | ||||||
6 | is amended by changing Sections 5, 10, 15, 20, 30, 50, 55, 60, | ||||||
7 | 65, 80, and 95 as follows:
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8 | (415 ILCS 150/5)
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9 | Sec. 5. Findings and purpose. | ||||||
10 | (a) The General Assembly finds all of the following: | ||||||
11 | (1) Electronic products are the fastest growing | ||||||
12 | portion of the solid waste stream. In 2007, 3,000,000 2005, | ||||||
13 | 2,600,000 tons of electronic products became obsolete yet | ||||||
14 | only 14% 13% of those products were recycled. | ||||||
15 | (2) Many electronic products contain lead, mercury, | ||||||
16 | cadmium, hexavalent chromium, and other materials that |
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1 | pose environmental and health risks that must be managed. | ||||||
2 | (3) Obsolete Many obsolete electronic products can be | ||||||
3 | recycled or refurbished for reuse and then returned to the | ||||||
4 | economic mainstream in the form of raw materials or | ||||||
5 | products. | ||||||
6 | (4) Electronic products contain metals, plastics, and | ||||||
7 | leaded glass that have resale value. The reuse of these | ||||||
8 | components conserves natural resources and energy, and the | ||||||
9 | reuse also reduces air and water pollution and greenhouse | ||||||
10 | gas emissions. | ||||||
11 | (5) The A management of obsolete residential products | ||||||
12 | is necessary to prioritize place the reuse and recycling of | ||||||
13 | these obsolete residential electronic products as the | ||||||
14 | preferred management strategy over incineration and | ||||||
15 | landfill disposal. | ||||||
16 | (6) The 2010 Recycling Economic Information Study | ||||||
17 | Update for Illinois estimates that the total economic | ||||||
18 | impact of recycling and reusing obsolete electronic | ||||||
19 | products resulted in the creation of nearly 8,000 jobs and | ||||||
20 | $622 million in annual receipts. The Illinois Recycling | ||||||
21 | Economic Information Study of 2001 estimates that the total | ||||||
22 | economic impact of establishing statewide recycling and | ||||||
23 | reuse programs for residential electronic products may | ||||||
24 | result in the creation of nearly 4,000 new jobs and $740 | ||||||
25 | million in annual receipts. | ||||||
26 | (7) The State-appointed Computer Equipment Disposal |
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1 | and Recycling Commission issued a final report in May 2006 | ||||||
2 | recommending legislative, regulatory, or other actions to | ||||||
3 | properly address the recycling and reuse of obsolete | ||||||
4 | residential electronic products. | ||||||
5 | (b) The purpose of this Act is to set forth procedures by | ||||||
6 | which the recycling and processing for reuse of covered | ||||||
7 | electronic devices will be accomplished in Illinois.
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8 | (Source: P.A. 95-959, eff. 9-17-08.)
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9 | (415 ILCS 150/10)
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10 | Sec. 10. Definitions. As used in this Act: | ||||||
11 | "Agency" means the Environmental Protection Agency. | ||||||
12 | "Cathode-ray tube" means a vacuum tube or picture tube used | ||||||
13 | to convert an electronic signal into a visual image, such as a | ||||||
14 | television or computer monitor. | ||||||
15 | "Collector" means a person who receives covered electronic | ||||||
16 | devices or eligible electronic devices directly from a | ||||||
17 | residence for recycling or processing for reuse. "Collector" | ||||||
18 | includes, but is not limited to, manufacturers, recyclers, and | ||||||
19 | refurbishers who receive CEDs or EEDs directly from the public. | ||||||
20 | "Computer", often referred to as a "personal computer" or | ||||||
21 | "PC", means a desktop or notebook computer as further defined | ||||||
22 | below and used only in a residence, but does not mean an | ||||||
23 | automated typewriter, electronic printer, mobile telephone, | ||||||
24 | portable hand-held calculator, portable digital assistant | ||||||
25 | (PDA), MP3 player, or other similar device. "Computer" does not |
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1 | include computer peripherals, commonly known as cables, mouse, | ||||||
2 | or keyboard. "Computer" is further defined as either: | ||||||
3 | (1) "Desktop computer", which means an electronic, | ||||||
4 | magnetic, optical, electrochemical, or other high-speed | ||||||
5 | data processing device performing logical, arithmetic, or | ||||||
6 | storage functions for general purpose needs that are met | ||||||
7 | through interaction with a number of software programs | ||||||
8 | contained therein, and that is not designed to exclusively | ||||||
9 | perform a specific type of logical, arithmetic, or storage | ||||||
10 | function or other limited or specialized application. | ||||||
11 | Human interface with a desktop computer is achieved through | ||||||
12 | a stand-alone keyboard, stand-alone monitor, or other | ||||||
13 | display unit, and a stand-alone mouse or other pointing | ||||||
14 | device, and is designed for a single user. A desktop | ||||||
15 | computer has a main unit that is intended to be | ||||||
16 | persistently located in a single location, often on a desk | ||||||
17 | or on the floor. A desktop computer is not designed for | ||||||
18 | portability and generally utilizes an external monitor, | ||||||
19 | keyboard, and mouse with an external or internal power | ||||||
20 | supply for a power source. Desktop computer does not | ||||||
21 | include an automated typewriter or typesetter; or | ||||||
22 | (2) "Notebook computer", which means an electronic, | ||||||
23 | magnetic, optical, electrochemical, or other high-speed | ||||||
24 | data processing device performing logical, arithmetic, or | ||||||
25 | storage functions for general purpose needs that are met | ||||||
26 | through interaction with a number of software programs |
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1 | contained therein, and that is not designed to exclusively | ||||||
2 | perform a specific type of logical, arithmetic, or storage | ||||||
3 | function or other limited or specialized application. | ||||||
4 | Human interface with a notebook computer is achieved | ||||||
5 | through a keyboard, video display greater than 4 inches in | ||||||
6 | size, and mouse or other pointing device, all of which are | ||||||
7 | contained within the construction of the unit that | ||||||
8 | comprises the notebook computer; supplemental stand-alone | ||||||
9 | interface devices typically can also be attached to the | ||||||
10 | notebook computer. Notebook computers can use external, | ||||||
11 | internal, or batteries for a power source. Notebook | ||||||
12 | computer does not include a portable hand-held calculator, | ||||||
13 | or a portable digital assistant or similar specialized | ||||||
14 | device. A notebook computer has an incorporated video | ||||||
15 | display greater than 4 inches in size and can be carried as | ||||||
16 | one unit by an individual. A notebook computer is sometimes | ||||||
17 | referred to as a laptop computer.
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18 | (3) "Tablet computer", which means an electronic, | ||||||
19 | magnetic, optical, electrochemical, or other high-speed | ||||||
20 | data processing device performing logical, arithmetic, or | ||||||
21 | storage functions for general purpose needs that are met | ||||||
22 | through interaction with a number of software programs | ||||||
23 | contained therein, and that is not designed to exclusively | ||||||
24 | perform a specific type of logical, arithmetic, or storage | ||||||
25 | function or other limited or specialized application. | ||||||
26 | Human interface with a tablet computer is achieved through |
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1 | a touch-screen and video display screen greater than 6 | ||||||
2 | inches in size (all of which are contained within the unit | ||||||
3 | that comprises the tablet computer). Tablet computers may | ||||||
4 | use an external or internal power source. "Tablet computer" | ||||||
5 | does not include a portable hand-held calculator, a | ||||||
6 | portable digital assistant, or a similar specialized | ||||||
7 | device. | ||||||
8 | "Computer monitor" means an electronic device that is a | ||||||
9 | cathode-ray tube or flat panel display primarily intended to | ||||||
10 | display information from a computer and is used only in a | ||||||
11 | residence. | ||||||
12 | "Covered electronic device" or "CED" means any computer, | ||||||
13 | computer monitor, television, or printer , electronic keyboard, | ||||||
14 | facsimile machine, videocassette recorder, portable digital | ||||||
15 | music player that has memory capability and is battery powered, | ||||||
16 | digital video disc player, video game console, electronic | ||||||
17 | mouse, scanner, digital converter box, cable or satellite | ||||||
18 | receiver, digital video disc recorder, or small-scale server | ||||||
19 | sold at retail, provided that the item is taken out of service | ||||||
20 | from a residence in this State regardless of purchase location . | ||||||
21 | "Covered electronic device" does not include any of the | ||||||
22 | following: | ||||||
23 | (1) an electronic device that is a part of a motor | ||||||
24 | vehicle or any component part of a motor vehicle assembled | ||||||
25 | by or for a vehicle manufacturer or franchised dealer, | ||||||
26 | including replacement parts for use in a motor vehicle; |
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1 | (2) an electronic device that is functionally or | ||||||
2 | physically part of a larger piece of equipment or that is | ||||||
3 | taken out of service from an industrial, commercial | ||||||
4 | (including retail), library checkout, traffic control, | ||||||
5 | kiosk, security (other than household security), | ||||||
6 | governmental, agricultural, or medical setting, including | ||||||
7 | but not limited to diagnostic, monitoring, or control | ||||||
8 | equipment; or | ||||||
9 | (3) an electronic device that is contained within a | ||||||
10 | clothes washer, clothes dryer, refrigerator, refrigerator | ||||||
11 | and freezer, microwave oven, conventional oven or range, | ||||||
12 | dishwasher, room air conditioner, dehumidifier, water | ||||||
13 | pump, sump pump, or air purifier. | ||||||
14 | To the extent allowed under federal and State laws and | ||||||
15 | regulations, a CED that is being collected, recycled, or | ||||||
16 | processed for reuse is not considered to be hazardous waste, | ||||||
17 | household waste, solid waste, or special waste. | ||||||
18 | "Developmentally disabled" , as defined by the Illinois | ||||||
19 | Department of Human Services, Division of Developmental | ||||||
20 | Disabilities Program Manual, means having mental retardation | ||||||
21 | or a related condition. For the purposes of this Act: | ||||||
22 | (1) "Mental retardation" means significantly | ||||||
23 | subaverage general intellectual functioning as well as | ||||||
24 | deficits in adaptive behavior that manifested before age | ||||||
25 | 18. A person's general intellectual functioning is | ||||||
26 | significantly subaverage if that person has an |
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1 | intelligence quotient (IQ) of 70 or below on standardized | ||||||
2 | measures of intelligence. This upper limit, however, may be | ||||||
3 | extended upward depending on the reliability of the | ||||||
4 | intelligence test used. | ||||||
5 | (2) "Related condition" means a severe, chronic | ||||||
6 | disability that (i) is attributable to cerebral palsy, | ||||||
7 | epilepsy, or any other condition, other than mental | ||||||
8 | illness, (ii) is found to be closely related to mental | ||||||
9 | retardation because the condition results in impairment of | ||||||
10 | general intellectual functioning or adaptive behavior | ||||||
11 | similar to that of a person with mental retardation, and | ||||||
12 | (iii) requires treatment or services similar to those | ||||||
13 | required for persons with mental retardation. means having | ||||||
14 | a severe disability, as defined by the Office of | ||||||
15 | Rehabilitation Services of the Illinois Department of | ||||||
16 | Human Services, that can be expected to result in death or | ||||||
17 | that has lasted, or is expected to last, at least 12 months | ||||||
18 | and that prevents working at a "substantial gainful | ||||||
19 | activity" level.
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20 | "Dismantling" means the demanufacturing and shredding of a | ||||||
21 | CED. | ||||||
22 | "Eligible electronic device" or "EED" means any of the | ||||||
23 | following electronic products sold at retail and taken out of | ||||||
24 | service from a residence in this State regardless of purchase | ||||||
25 | location : mobile telephone; computer cable , mouse, or | ||||||
26 | keyboard ; stand-alone facsimile machine; MP3 player; portable |
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1 | digital assistant (PDA); or video game console, video cassette | ||||||
2 | recorder/player, digital video disk player, or similar video | ||||||
3 | device; zip drive ; or scanner . To the extent allowed under | ||||||
4 | federal and state laws and regulations, an EED that is being | ||||||
5 | collected, recycled, or processed for reuse is not considered | ||||||
6 | to be hazardous waste, household waste, solid waste, or special | ||||||
7 | waste. | ||||||
8 | "Low income children and families" mean those children and | ||||||
9 | families that are subject to the most recent version of the | ||||||
10 | United States Department of Health and Human Services Federal | ||||||
11 | Poverty Guidelines. | ||||||
12 | "Manufacturer" means a person, or a successor in interest | ||||||
13 | to a person, under whose brand or label a CED is or was sold at | ||||||
14 | retail. For CEDs sold at retail under a brand or label that is | ||||||
15 | licensed from a person who is a mere brand owner and who does | ||||||
16 | not sell or produce the CED, the person who produced the CED or | ||||||
17 | his or her successor in interest is the manufacturer. For CEDs | ||||||
18 | sold that were at retail under the brand or label of both the | ||||||
19 | retail seller and the person that produced the CED, the person | ||||||
20 | that produced the CED, or his or her successor in interest, is | ||||||
21 | the manufacturer. A retail seller of CEDs may elect to be the | ||||||
22 | manufacturer of one or more CEDs if the retail seller provides | ||||||
23 | written notice to the Agency that it is accepting | ||||||
24 | responsibility as the manufacturer of the CED under this Act | ||||||
25 | and identifies the CEDs for which it is electing to be the | ||||||
26 | manufacturer. |
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1 | "Municipal joint action agency" means a municipal joint | ||||||
2 | action agency created under Section 3.2 of the | ||||||
3 | Intergovernmental Cooperation Act.
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4 | "Orphan CEDs" means those CEDs that are returned for | ||||||
5 | recycling, or processing for reuse, whose manufacturer cannot | ||||||
6 | be identified, or whose manufacturer is no longer conducting | ||||||
7 | business and has no successor in interest. | ||||||
8 | "Person" means any individual, partnership, | ||||||
9 | co-partnership, firm, company, limited liability company, | ||||||
10 | corporation, association, joint stock company, trust, estate, | ||||||
11 | political subdivision, State agency, or any other legal entity, | ||||||
12 | or a legal representative, agent, or assign of that entity. | ||||||
13 | "Printer" means desktop printers, multifunction printer | ||||||
14 | copiers, and printer/fax combinations taken out of service from | ||||||
15 | a residence that are designed to reside on a work surface, and | ||||||
16 | include various print technologies, including without | ||||||
17 | limitation laser and LED (electrographic), ink jet, dot matrix, | ||||||
18 | thermal, and digital sublimation, and "multi-function" or | ||||||
19 | "all-in-one" devices that perform different tasks, including | ||||||
20 | without limitation copying, scanning, faxing, and printing. | ||||||
21 | Printers do not include floor-standing printers, printers with | ||||||
22 | optional floor stand, point of sale (POS) receipt printers, | ||||||
23 | household printers such as a calculator with printing | ||||||
24 | capabilities or label makers, or non-stand-alone printers that | ||||||
25 | are embedded into products that are not CEDs. | ||||||
26 | "Processing for reuse" means any method, technique, or |
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1 | process by which CEDs or EEDs that would otherwise be disposed | ||||||
2 | of or discarded are instead separated, processed, and returned | ||||||
3 | to their original intended purposes or to other useful purposes | ||||||
4 | as electronic devices. "Processing for reuse" includes the | ||||||
5 | collection and transportation of CEDs or EEDs. | ||||||
6 | "Program Year" means a calendar year. The first program | ||||||
7 | year is 2010. | ||||||
8 | "Recycler" means a person who engages in the recycling of | ||||||
9 | CEDs or EEDs, but does not include telecommunications carriers, | ||||||
10 | telecommunications manufacturers, or commercial mobile service | ||||||
11 | providers with an existing recycling program. | ||||||
12 | "Recycling" means any method, technique, or process by | ||||||
13 | which CEDs or EEDs that would otherwise be disposed of or | ||||||
14 | discarded are instead collected, separated, or processed and | ||||||
15 | are returned to the economic mainstream in the form of raw | ||||||
16 | materials or products. "Recycling" includes the collection, | ||||||
17 | transportation, dismantling, and shredding of the CEDs or EEDs. | ||||||
18 | "Recycling coordinator" means the person designated by | ||||||
19 | each county waste management plan to administer the county | ||||||
20 | recycling program, as set forth in the Solid Waste Management | ||||||
21 | Act. | ||||||
22 | "Refurbisher" means any person who processes CEDs or EEDs | ||||||
23 | for reuse, but does not include telecommunications carriers, | ||||||
24 | telecommunications manufacturers, or commercial mobile service | ||||||
25 | providers with an existing recycling program. | ||||||
26 | "Residence" means a dwelling place or home in which one or |
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1 | more individuals live. | ||||||
2 | "Retailer" means a person who sells, rents, or leases, | ||||||
3 | through sales outlets, catalogues, or the Internet, computers, | ||||||
4 | computer monitors, printers, or televisions , electronic | ||||||
5 | keyboards, facsimile machines, videocassette recorders, | ||||||
6 | portable digital music players that have memory capability and | ||||||
7 | are battery powered, digital video disc players, video game | ||||||
8 | consoles, electronic mice, scanners, digital converter boxes, | ||||||
9 | cable or satellite receivers, digital video disc recorders, or | ||||||
10 | small-scale servers at retail to individuals in this State. For | ||||||
11 | purposes of this Act, sales to individuals at retail are | ||||||
12 | considered to be sales for residential use. "Retailer" | ||||||
13 | includes, but is not limited to, manufacturers who sell | ||||||
14 | computers, computer monitors, printers, or televisions , | ||||||
15 | electronic keyboards, facsimile machines, videocassette | ||||||
16 | recorders, portable digital music players that have memory | ||||||
17 | capability and are battery powered, digital video disc players, | ||||||
18 | video game consoles, electronic mice, scanners, digital | ||||||
19 | converter boxes, cable or satellite receivers, digital video | ||||||
20 | disc recorders, or small-scale servers at retail directly to | ||||||
21 | individuals in this State. | ||||||
22 | "Sale" means any retail transfer of title for consideration | ||||||
23 | of title including, but not limited to, transactions conducted | ||||||
24 | through sales outlets, catalogs, or the Internet or any other | ||||||
25 | similar electronic means but does not mean financing or | ||||||
26 | leasing. |
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1 | "Small-scale server" means a computer that typically uses | ||||||
2 | desktop components in a desktop form designed primarily to | ||||||
3 | serve as a storage host for other computers. To be considered a | ||||||
4 | small-scale server, a computer must: be designed in a pedestal, | ||||||
5 | tower, or other form that is similar to that of a desktop | ||||||
6 | computer so that all data processing, storage, and network | ||||||
7 | interfacing is contained within one box or product; be designed | ||||||
8 | to be operational 24 hours per day and 7 days per week; have | ||||||
9 | very little unscheduled downtime (on the order of hours per | ||||||
10 | year); be capable of operating in a simultaneous multi-user | ||||||
11 | environment serving several users through networked client | ||||||
12 | units; and be designed for an industry accepted operating | ||||||
13 | system for home or low-end server applications. | ||||||
14 | "Television" means an electronic device (i) containing a | ||||||
15 | cathode-ray tube or flat panel screen the size of which is | ||||||
16 | greater than 4 inches when measured diagonally, (ii) that is | ||||||
17 | intended to receive video programming via broadcast, cable, or | ||||||
18 | satellite transmission or to receive video from surveillance or | ||||||
19 | other similar cameras, and (iii) that is used only in a | ||||||
20 | residence.
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21 | "Underserved counties" means those counties so identified | ||||||
22 | in Section 60. | ||||||
23 | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
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24 | (415 ILCS 150/15)
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25 | Sec. 15. Statewide recycling and reuse goals for all |
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1 | covered electronic devices. | ||||||
2 | (a) For program year 2010, the statewide recycling or reuse | ||||||
3 | goal for all CEDs is the product of: (i) the latest population | ||||||
4 | estimate for the State, as published on the U.S. Census | ||||||
5 | Bureau's website on January 1, 2010; multiplied by (ii) 2.5 | ||||||
6 | pounds per capita. | ||||||
7 | (b) For program year 2011, the statewide recycling or reuse | ||||||
8 | goal for all CEDs is the product of: (i) the 2010 base weight; | ||||||
9 | multiplied by (ii) the 2010 goal attainment percentage. | ||||||
10 | For the purposes of this subsection (b): | ||||||
11 | The "2010 base weight" means the greater of: (i) twice the | ||||||
12 | total weight of all CEDs that were recycled or processed for | ||||||
13 | reuse between January 1, 2010 and June 30, 2010 as reported to | ||||||
14 | the Agency under subsection (i) or (j) of Section 30; or (ii) | ||||||
15 | twice the total weight of all CEDs that were recycled or | ||||||
16 | processed for reuse between January 1, 2010 and June 30, 2010 | ||||||
17 | as reported to the Agency under subsection (c) of Section 55. | ||||||
18 | The "2010 goal attainment percentage" means: | ||||||
19 | (1) 90% if the 2010 base weight is less than 90% of the | ||||||
20 | statewide recycling or reuse goal for program year 2010; | ||||||
21 | (2) 95% if the 2010 base weight is 90% or greater, but | ||||||
22 | does not exceed 95%, of the statewide recycling or reuse | ||||||
23 | goal for program year 2010; | ||||||
24 | (3) 100% if the 2010 base weight is 95% or greater, but | ||||||
25 | does not exceed 105%, of the statewide recycling or reuse | ||||||
26 | goal for program year 2010; |
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1 | (4) 105% if the 2010 base weight is 105% or greater, | ||||||
2 | but does not exceed 110%, of the statewide recycling or | ||||||
3 | reuse goal for program year 2010; and | ||||||
4 | (5) 110% if the 2010 base weight is 110% or greater of | ||||||
5 | the statewide recycling or reuse goal for program year | ||||||
6 | 2010. | ||||||
7 | (c) For program year years 2012 , each manufacturer of CEDs | ||||||
8 | shall recycle or reuse CEDs and EEDs whose total weight is | ||||||
9 | equal to 40% of all the CEDs the manufacturer sold in Illinois | ||||||
10 | during the calendar year beginning January 1, 2010. Each CED | ||||||
11 | manufacturer shall use its own sales data or national sales | ||||||
12 | data proportioned to Illinois' share of the U.S. population, | ||||||
13 | based on the U.S. Census population estimate for 2009, to | ||||||
14 | determine the manufacturer's annual recycling or reuse goal. | ||||||
15 | (c-5) For program years 2013 and thereafter, each | ||||||
16 | manufacturer of CEDs shall annually recycle or reuse CEDs and | ||||||
17 | EEDs whose total weight is equal to 50% of all the CEDs the | ||||||
18 | manufacturer sold in Illinois during the calendar year that | ||||||
19 | began 2 years before the beginning of the applicable program | ||||||
20 | year. Each CED manufacturer shall use its own sales data or | ||||||
21 | national sales data proportioned to Illinois' share of the U.S. | ||||||
22 | population, based on the most recent U.S. Census data, to | ||||||
23 | determine the manufacturer's annual recycling goal. and | ||||||
24 | thereafter, the statewide recycling or reuse goal for all CEDs | ||||||
25 | is the product of: (i) the base weight; multiplied by (ii) the | ||||||
26 | goal attainment percentage. |
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1 | For the purposes of this subsection (c): | ||||||
2 | The "base weight" means the greater of: (i) the total | ||||||
3 | weight of all CEDs recycled or processed for reuse during the | ||||||
4 | previous program year as reported to the Agency under | ||||||
5 | subsection (k) or (l) of Section 30; or (ii) the total weight | ||||||
6 | of all CEDs recycled or processed for reuse during the previous | ||||||
7 | program year as reported to the Agency under subsection (d) of | ||||||
8 | Section 55. | ||||||
9 | The "goal attainment percentage" means: | ||||||
10 | (1) 90% if the base weight is less than 90% of the | ||||||
11 | statewide recycling or reuse goal for the previous program | ||||||
12 | year; | ||||||
13 | (2) 95% if the base weight is 90% or greater, but does | ||||||
14 | not exceed 95%, of the statewide recycling or reuse goal | ||||||
15 | for the previous program year; | ||||||
16 | (3) 100% if the base weight is 95% or greater, but does | ||||||
17 | not exceed 105%, of the statewide recycling or reuse goal | ||||||
18 | for the previous program year; | ||||||
19 | (4) 105% if the base weight is 105% or greater, but | ||||||
20 | does not exceed 110%, of the statewide recycling or reuse | ||||||
21 | goal for the previous program year; and | ||||||
22 | (5) 110% if the base weight is 110% or greater of the | ||||||
23 | statewide recycling or reuse goal for the previous program | ||||||
24 | year.
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25 | (Source: P.A. 95-959, eff. 9-17-08.)
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1 | (415 ILCS 150/20)
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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 to refer violations of this Act to the Attorney | ||||||
6 | General. | ||||||
7 | (b) No later than October 1 of each program year, the | ||||||
8 | Agency shall post on its website a list of underserved counties | ||||||
9 | in the State for the next program year. The list of underserved | ||||||
10 | counties for program years 2010 and 2011 the first program year | ||||||
11 | is set forth in subsection (a) of Section 60. | ||||||
12 | (c) From By July 1, 2009 until December 31, 2015 , the | ||||||
13 | Agency shall implement a county and municipal government | ||||||
14 | education campaign to inform those entities about this Act and | ||||||
15 | the implications on solid waste collection in their localities. | ||||||
16 | (c-5) No later than February 1, 2012 and every February 1 | ||||||
17 | thereafter, the Agency shall use a portion of the manufacturer, | ||||||
18 | recycler, and refurbisher registration fees to provide a $2,000 | ||||||
19 | grant to the recycling coordinator in each county of the State | ||||||
20 | in order to inform residents in each county about this Act and | ||||||
21 | opportunities to recycle CEDs and EEDs. The recycling | ||||||
22 | coordinator shall expend the $2,000 grant before December 31 of | ||||||
23 | the program year in which the grant is received. The recycling | ||||||
24 | coordinator shall maintain records that document the use of the | ||||||
25 | grant funds. | ||||||
26 | (c-10) By June 15, 2012 and by December 15, 2012, and by |
| |||||||
| |||||||
1 | every June 15 and December 15 thereafter through December 15, | ||||||
2 | 2015, the Agency shall meet with the Illinois Retail Merchants' | ||||||
3 | Association to discuss compliance with Section 40. | ||||||
4 | (c-15) By December 15, 2012 and each December 15 | ||||||
5 | thereafter, the Agency shall post on its website: (i) the | ||||||
6 | mailing address of each collection site at which collectors | ||||||
7 | collected CEDs during the program year and (ii) the amount in | ||||||
8 | pounds of each CED collected at the collection site during the | ||||||
9 | program year. | ||||||
10 | (d) By July 1, 2011 for the first program year, and by May | ||||||
11 | 15 April 1 for all subsequent program years, the Agency shall | ||||||
12 | report to the Governor and to the General Assembly annually on | ||||||
13 | the previous program year's performance. The report must be | ||||||
14 | posted on the Agency's website. The report must include, but | ||||||
15 | not be limited to, the following: | ||||||
16 | (1) the total overall weight of CEDs, as well as the | ||||||
17 | sub-total weight of computers, the sub-total weight of | ||||||
18 | computer monitors, the sub-total weight of printers, the | ||||||
19 | sub-total weight of televisions, and the total weight of | ||||||
20 | EEDs that were recycled or processed for reuse in the State | ||||||
21 | during the program year, as reported by manufacturers and | ||||||
22 | collectors under Sections 30 and 55; | ||||||
23 | (2) a listing of all collection sites , as set forth | ||||||
24 | under subsection (a) (e) of Section 55 , and the addresses | ||||||
25 | of those sites ; | ||||||
26 | (3) a statement showing, for the preceding program |
| |||||||
| |||||||
1 | year,(i) the total weight of CEDs and EEDs collected, | ||||||
2 | recycled, and processed for reuse by the manufacturers | ||||||
3 | pursuant to Section 30, (ii) the total weight of CEDs | ||||||
4 | processed for reuse by the manufacturers, and (iii) the | ||||||
5 | total weight of CEDs collected by the collectors of the | ||||||
6 | manufacturers' progress toward achieving the statewide | ||||||
7 | recycling goal set forth in Section 15 (calculated from the | ||||||
8 | manufacturer reports pursuant to Section 30 and the | ||||||
9 | collector reports pursuant to Section 55) and any | ||||||
10 | identified State actions that may help expand collection | ||||||
11 | opportunities to help manufacturers achieve the statewide | ||||||
12 | recycling goal ; | ||||||
13 | (4) a listing of all entities or persons to any | ||||||
14 | manufacturers whom the Agency issued an administrative | ||||||
15 | citation or with respect to which the Agency made a | ||||||
16 | referral for enforcement referred to the Attorney | ||||||
17 | General's Office for enforcement as a result of a violation | ||||||
18 | of this Act; | ||||||
19 | (5) a discussion of the Agency's education and outreach | ||||||
20 | activities as set forth in subsection (c) of this Section ; | ||||||
21 | and | ||||||
22 | (6) a discussion of the penalties, if any, incurred by | ||||||
23 | manufacturers for failure to achieve recycling goals, and a | ||||||
24 | recommendation to the General Assembly of any necessary or | ||||||
25 | appropriate changes to the manufacturers' statewide | ||||||
26 | recycling goals, manufacturer's recycling goals , or |
| |||||||
| |||||||
1 | penalty provisions included in this Act. | ||||||
2 | (e) The Agency shall post on its website : (1) a list of | ||||||
3 | manufacturers that have paid the current year's registration | ||||||
4 | fee as set forth in subsection (b) of Section 30; (2) a list of | ||||||
5 | manufacturers that failed to pay the current year's | ||||||
6 | registration fee as set forth in subsection (b) of Section 30; | ||||||
7 | and (3) Section 30(b) and (2) a list of registered collectors , | ||||||
8 | the addresses of their collection sites, their business | ||||||
9 | telephone numbers, and a link to their websites. to whom | ||||||
10 | Illinois residents can bring CEDs and EEDs for recycling or | ||||||
11 | processing for reuse, including links to the collectors' | ||||||
12 | websites and the collectors' phone numbers. | ||||||
13 | (f) In program years 2012, 2013, and 2014, and at its | ||||||
14 | discretion thereafter, the Agency shall convene and host an | ||||||
15 | Electronic Products Recycling Conference. The Agency may host | ||||||
16 | the conferences alone or with other public entities or with | ||||||
17 | organizations associated with electronic products recycling. | ||||||
18 | (g) No later than October 1 of each program year, the | ||||||
19 | Agency must post on its website the following information for | ||||||
20 | the next program year: (i) the individual recycling and reuse | ||||||
21 | goals for each manufacturer, as set forth in subsection (c) of | ||||||
22 | Section 15, and (ii) the total statewide recycling goal, | ||||||
23 | determined by adding each individual manufacturer's annual | ||||||
24 | goal. | ||||||
25 | (1) The overall statewide recycling and reuse goal for | ||||||
26 | CEDs, as well as the sub-goals for televisions, and |
| |||||||
| |||||||
1 | computers, computer monitors, and printers as set forth in | ||||||
2 | Section 15. | ||||||
3 | (2) The market shares of television manufacturers and | ||||||
4 | the return shares of computer, computer monitor, and | ||||||
5 | printer manufacturers, as set forth in Section 18, and | ||||||
6 | (3) The individual recycling and reuse goals for each | ||||||
7 | manufacturer, as set forth in Section 19. | ||||||
8 | (h) By April 1, 2011, and by April 1 of all subsequent | ||||||
9 | years, the Agency shall award recognize those manufacturers | ||||||
10 | that have met or exceeded their recycling or reuse goals for | ||||||
11 | the previous program year with . Such recognition shall be the | ||||||
12 | awarding to all such manufacturers of an Electronic Industry | ||||||
13 | Recycling Award . The award shall acknowledge that the | ||||||
14 | manufacturer has met or exceeded its recycling goals and shall | ||||||
15 | be posted , which shall be recognized on the Agency website and | ||||||
16 | in other media as appropriate. | ||||||
17 | (i) By March 1, 2011, and by March 1 of each subsequent | ||||||
18 | year, the Agency shall post on its website a list of registered | ||||||
19 | manufacturers that have not met their annual recycling and | ||||||
20 | reuse goal for the previous program year.
| ||||||
21 | (j) By July 1, 2015 2012 , the Agency shall solicit written | ||||||
22 | comments regarding all aspects of the program codified in this | ||||||
23 | Act, for the purpose of determining if the program requires any | ||||||
24 | modifications. | ||||||
25 | (1) Issues to be reviewed by the Agency are, but not | ||||||
26 | limited to, the following: |
| |||||||
| |||||||
1 | (A) Sufficiency of the annual statewide recycling | ||||||
2 | goals. | ||||||
3 | (B) Fairness of the formulas used to determine | ||||||
4 | individual manufacturer goals. | ||||||
5 | (C) Adequacy of, or the need for, continuation of | ||||||
6 | the credits outlined in Section 30(d)(1) through (3). | ||||||
7 | (D) Any temporary recissions of county landfill | ||||||
8 | bans granted by the Illinois Pollution Control Board | ||||||
9 | pursuant to Section 95(e). | ||||||
10 | (E) Adequacy of, or the need for, the penalties | ||||||
11 | listed in Section 80 of this Act, which are scheduled | ||||||
12 | to take effect on January 1, 2013. | ||||||
13 | (F) Adequacy of the collection systems that have | ||||||
14 | been implemented as a result of this Act, with a | ||||||
15 | particular focus on promoting the most cost-effective | ||||||
16 | and convenient collection system possible for Illinois | ||||||
17 | residents. | ||||||
18 | (2) By July 1, 2015 2012 , the Agency shall complete its | ||||||
19 | review of the written comments received, as well as its own | ||||||
20 | reports on the preceding program years 2010 and 2011 . By | ||||||
21 | August 1, 2015 2012 , the Agency shall hold a public hearing | ||||||
22 | to present its findings and solicit additional comments. | ||||||
23 | All additional comments shall be submitted to the Agency in | ||||||
24 | writing no later than October 1, 2015 2012 . | ||||||
25 | (3) The Agency's final report, which shall be issued no | ||||||
26 | later than February 1, 2016 2013 , shall be submitted to the |
| |||||||
| |||||||
1 | Governor and the General Assembly and shall include | ||||||
2 | specific recommendations for any necessary or appropriate | ||||||
3 | modifications to the program.
| ||||||
4 | (k) Any violation of this Act shall be enforceable by | ||||||
5 | administrative citation. Whenever the Agency personnel or | ||||||
6 | county personnel to whom the Agency has delegated the authority | ||||||
7 | to monitor compliance with this Act shall, on the basis of | ||||||
8 | direct observation, determine that any person has violated any | ||||||
9 | provision of this Act, the Agency or county personnel may issue | ||||||
10 | and serve, within 60 days after the observed violation, an | ||||||
11 | administrative citation upon that person or the entity | ||||||
12 | employing that person. Each citation shall be served upon the | ||||||
13 | person named or the person's authorized agent for service of | ||||||
14 | process and shall include the following: | ||||||
15 | (1) a statement specifying the provisions of this Act | ||||||
16 | that the person or the entity employing the person has | ||||||
17 | violated; | ||||||
18 | (2) a copy of the inspection report in which the Agency | ||||||
19 | or local government recorded the violation and the date and | ||||||
20 | time of the inspection; | ||||||
21 | (3) the penalty imposed under Section 80; and | ||||||
22 | (4) an affidavit by the personnel observing the | ||||||
23 | violation, attesting to their material actions and | ||||||
24 | observations. | ||||||
25 | (l) If the person named in the administrative citation | ||||||
26 | fails to petition the Illinois Pollution Control Board for |
| |||||||
| |||||||
1 | review within 35 days after the date of service, the Board | ||||||
2 | shall adopt a final order, which shall include the | ||||||
3 | administrative citation and findings of violation as alleged in | ||||||
4 | the citation and shall impose the penalty specified in Section | ||||||
5 | 80. | ||||||
6 | (m) If a petition for review is filed with the Board to | ||||||
7 | contest an administrative citation issued under this Section, | ||||||
8 | the Agency or unit of local government shall appear as a | ||||||
9 | complainant at a hearing before the Board to be conducted | ||||||
10 | pursuant to subsection (n) of this Section at a time not less | ||||||
11 | than 21 days after notice of the hearing has been sent by the | ||||||
12 | Board to the Agency or unit of local government and the person | ||||||
13 | named in the citation. In those hearings, the burden of proof | ||||||
14 | shall be on the Agency or unit of local government. If, based | ||||||
15 | on the record, the Board finds that the alleged violation | ||||||
16 | occurred, it shall adopt a final order, which shall include the | ||||||
17 | administrative citation and findings of violation as alleged in | ||||||
18 | the citation, and shall impose the penalty specified in Section | ||||||
19 | 80 of this Act. However, if the Board finds that the person | ||||||
20 | appealing the citation has shown that the violation resulted | ||||||
21 | from uncontrollable circumstances, the Board shall adopt a | ||||||
22 | final order that makes no finding of violation and imposes no | ||||||
23 | penalty. | ||||||
24 | (n) All hearings under this Act shall be held before a | ||||||
25 | qualified hearing officer, who may be attended by one or more | ||||||
26 | members of the Board, designated by the Chairman. All of these |
| |||||||
| |||||||
1 | hearings shall be open to the public, and any person may submit | ||||||
2 | written statements to the Board in connection with the subject | ||||||
3 | of these hearings. In addition, the Board may permit any person | ||||||
4 | to offer oral testimony.
Any party to a hearing under this | ||||||
5 | subsection may be represented by counsel, make oral or written | ||||||
6 | argument, offer testimony, cross-examine witnesses, or take | ||||||
7 | any combination of those actions. All testimony taken before | ||||||
8 | the Board shall be recorded stenographically. The transcript so | ||||||
9 | recorded and any additional matter accepted for the record | ||||||
10 | shall be open to public inspection, and copies of those | ||||||
11 | materials shall be made available to any person upon payment of | ||||||
12 | the actual cost of reproducing the original. | ||||||
13 | (o) Counties that have entered into a delegation agreement | ||||||
14 | with the Agency pursuant to subsection (r) of Section 4 of the | ||||||
15 | Illinois Environmental Protection Act for the purpose of | ||||||
16 | conducting inspection, investigation, or enforcement-related | ||||||
17 | functions may conduct inspections for noncompliance with this | ||||||
18 | Act. | ||||||
19 | (Source: P.A. 95-959, eff. 9-17-08; 96-328, eff. 8-11-09.)
| ||||||
20 | (415 ILCS 150/30) | ||||||
21 | Sec. 30. Manufacturer responsibilities. | ||||||
22 | (a) Prior to April 1, 2009 for the first program year, and | ||||||
23 | by October 1 for program year 2011 and each program year | ||||||
24 | thereafter, manufacturers who sell whose computers, computer | ||||||
25 | monitors, printers, or televisions , electronic keyboards, |
| |||||||
| |||||||
1 | facsimile machines, videocassette recorders, portable digital | ||||||
2 | music players that have memory capability and are battery | ||||||
3 | powered, digital video disc players, video game consoles, | ||||||
4 | electronic mice, scanners, digital converter boxes, cable or | ||||||
5 | satellite receivers, digital video disc recorders, or | ||||||
6 | small-scale servers sold at retail are sold in this State must | ||||||
7 | register with the Agency. The registration must be submitted in | ||||||
8 | the form and manner required by the Agency. The registration | ||||||
9 | must include, without limitation, all of the following: | ||||||
10 | (1) a list of all of the manufacturer's brands of | ||||||
11 | computers, computer monitors, printers, or televisions to | ||||||
12 | be offered for sale in the next program year; | ||||||
13 | (2) (blank) for manufacturers of both televisions and | ||||||
14 | computers, computer monitors, or printers, an | ||||||
15 | identification of whether, for residential use, (i) | ||||||
16 | televisions or (ii) computers, computer monitors, and | ||||||
17 | printers, represent the larger number of units sold for the | ||||||
18 | manufacturer ; and | ||||||
19 | (3) a statement disclosing whether : (A) any computer, | ||||||
20 | computer monitor, printer, or television sold in this State | ||||||
21 | exceeds the maximum concentration values established for | ||||||
22 | lead, mercury, cadmium, hexavalent chromium, | ||||||
23 | polybrominated biphenyls (PBBs), and polybrominated | ||||||
24 | diphenyl ethers (PBDEEs) under the RoHS (restricting the | ||||||
25 | use of certain hazardous substances in electrical and | ||||||
26 | electronic equipment) Directive 2002/95/EC of the European |
| |||||||
| |||||||
1 | Parliament and Council and any amendments thereto and, if | ||||||
2 | so, an identification of that computer, computer monitor, | ||||||
3 | printer, or television ; or (B) the manufacturer has | ||||||
4 | received an exemption from one or more of those maximum | ||||||
5 | concentration values under the RoHS Directive that has been | ||||||
6 | approved and published by the European Commission . | ||||||
7 | If, during the program year, a manufacturer's computer, | ||||||
8 | computer monitor, printer, or television , electronic keyboard, | ||||||
9 | facsimile machine, videocassette recorder, portable digital | ||||||
10 | music player that has memory capability and is battery powered, | ||||||
11 | digital video disc player, video game console, electronic | ||||||
12 | mouse, scanner, digital converter box, cable or satellite | ||||||
13 | receiver, digital video disc recorder, or small-scale server | ||||||
14 | sold at retail is sold or offered for sale in Illinois under a | ||||||
15 | new brand that is not listed in the manufacturer's | ||||||
16 | registration, then, within 30 days after the first sale or | ||||||
17 | offer for sale under the new brand, the manufacturer must amend | ||||||
18 | its registration to add the new brand. | ||||||
19 | (b) Prior to July 1, 2009 for the first program year, and | ||||||
20 | by the November 1 preceding program years 2011 and later, all | ||||||
21 | manufacturers whose CEDs whose computers, computer monitors, | ||||||
22 | printers, or televisions are offered for sale sold in the State | ||||||
23 | shall submit to the Agency, at an address prescribed by the | ||||||
24 | Agency, the registration fee for the next program year. The | ||||||
25 | registration fee for program year 2010 is $5,000. The | ||||||
26 | registration fee for program year 2011 is $5,000, increased by |
| |||||||
| |||||||
1 | the applicable inflation factor as described below. In program | ||||||
2 | year 2012, if, in program year 2011, a manufacturer sold 250 or | ||||||
3 | fewer CEDs in the State, then the registration fee for that | ||||||
4 | manufacturer is $1,250. In each program year after 2012, if, in | ||||||
5 | the proceeding program year, a manufacturer sold 250 or fewer | ||||||
6 | CEDs in the State, then the registration fee is the fee that | ||||||
7 | applied in the previous year to manufacturers that sold that | ||||||
8 | number of CEDs, increased by the applicable inflation factor as | ||||||
9 | described below. In program year 2012, if, in the proceeding | ||||||
10 | program year a manufacturer sold 251 or more CEDs in the State, | ||||||
11 | then the registration fee for that manufacturer is $5,000. In | ||||||
12 | each program year after 2012, if, in the proceeding program | ||||||
13 | year, a manufacturer sold 251 or more CEDs in the State, then | ||||||
14 | the registration fee is the fee that applied in the previous | ||||||
15 | year to manufacturers that sold that number of CEDs, increased | ||||||
16 | by the applicable inflation factor as described below. For | ||||||
17 | program year years 2011 , program year 2013, and each program | ||||||
18 | year thereafter later , the applicable registration fee is | ||||||
19 | increased each year by an inflation factor determined by the | ||||||
20 | annual Implicit Price Deflator for Gross National Product, as | ||||||
21 | published by the U.S. Department of Commerce in its Survey of | ||||||
22 | Current Business. The inflation factor must be calculated each | ||||||
23 | year by dividing the latest published annual Implicit Price | ||||||
24 | Deflator for Gross National Product by the annual Implicit | ||||||
25 | Price Deflator for Gross National Product for the previous | ||||||
26 | year. The inflation factor must be rounded to the nearest |
| |||||||
| |||||||
1 | 1/100th, and the resulting registration fee must be rounded to | ||||||
2 | the nearest whole dollar. No later than October 1 of each | ||||||
3 | program year, the Agency shall post on its website the | ||||||
4 | registration fee for the next program year. | ||||||
5 | (c) A manufacturer whose CEDs computers, computer | ||||||
6 | monitors, printers, or televisions are first sold or offered | ||||||
7 | for sale in this State on or after January 1 of a program year | ||||||
8 | must register with the Agency within 30 days after the first | ||||||
9 | sale or offer for sale in accordance with subsection (a) of | ||||||
10 | this Section and submit the registration fee required under | ||||||
11 | subsection (b) of this Section prior to the CEDs manufacturer's | ||||||
12 | computers, computer monitors, printers, or televisions being | ||||||
13 | sold or offered for sale. | ||||||
14 | (d) Each manufacturer shall recycle or process for reuse | ||||||
15 | CEDs and EEDs whose total weight equals or exceeds the | ||||||
16 | manufacturer's individual recycling and reuse goal set forth in | ||||||
17 | Section 15 Section 19 of this Act. Individual consumers shall | ||||||
18 | may not be charged a an end-of-life fee when bringing their | ||||||
19 | CEDs and EEDs to permanent or temporary collection locations, | ||||||
20 | unless a financial incentive of equal or greater value, such as | ||||||
21 | a coupon, is provided. Collectors may charge a fee for premium | ||||||
22 | services such as curbside collection, home pick-up, or a | ||||||
23 | similar method of collection. | ||||||
24 | When determining whether a manufacturer has met or exceeded | ||||||
25 | its individual recycling and reuse goal set forth in Section 15 | ||||||
26 | Section 19 of this Act, all of the following adjustments must |
| |||||||
| |||||||
1 | be made: | ||||||
2 | (1) The total weight of CEDs processed for reuse by the | ||||||
3 | manufacturer, its recyclers, or its refurbishers for reuse | ||||||
4 | is doubled. | ||||||
5 | (2) The total weight of CEDs is tripled if they are | ||||||
6 | donated for reuse by the manufacturer to a primary or | ||||||
7 | secondary public education institution the majority of | ||||||
8 | whose students are considered low income or | ||||||
9 | developmentally disabled or to a not-for-profit entity | ||||||
10 | that is established under Section 501(c)(3) of the Internal | ||||||
11 | Revenue Code of 1986 and whose principal mission is to | ||||||
12 | assist low-income children or families or to assist the | ||||||
13 | developmentally disabled in Illinois. This subsection | ||||||
14 | applies only to CEDs for which the manufacturer has | ||||||
15 | received a written confirmation that the recipient has | ||||||
16 | accepted the donation. Copies of all written confirmations | ||||||
17 | must be submitted in the annual report required under | ||||||
18 | Section 30. | ||||||
19 | (3) The total weight of CEDs collected by manufacturers | ||||||
20 | free of charge in underserved counties is doubled. This | ||||||
21 | subsection applies only to CEDs that are documented by | ||||||
22 | collectors as being collected or received free of charge in | ||||||
23 | underserved counties. This documentation must include, | ||||||
24 | without limitation, the date and location of collection or | ||||||
25 | receipt, the weight of the CEDs collected or received, and | ||||||
26 | an acknowledgement by the collector that the CEDs were |
| |||||||
| |||||||
1 | collected or received free of charge. Copies of the | ||||||
2 | documentation must be submitted in the annual report | ||||||
3 | required under subsection (h), (i), (j), (k), or (l) of | ||||||
4 | Section 30. | ||||||
5 | (4) If an entity (i) collects, recycles, or refurbishes | ||||||
6 | CEDs for a manufacturer, (ii) qualifies for non-profit | ||||||
7 | status under Section 501(c)(3) of the Internal Revenue Code | ||||||
8 | of 1986, and (iii) at least 75% of its employees are | ||||||
9 | developmentally disabled, then the total weight of CEDs | ||||||
10 | will be tripled. A manufacturer that uses such a recycler | ||||||
11 | or refurbisher shall submit documentation in the annual | ||||||
12 | report required under Section 30 identifying the name, | ||||||
13 | location, and length of service of the entity that | ||||||
14 | qualifies for credit under this subsection. | ||||||
15 | (e) Manufacturers of computers, computer monitors, or | ||||||
16 | printers, either individually or collectively, shall hire an | ||||||
17 | independent third-party auditor to perform statistically | ||||||
18 | significant return share samples of CEDs received by recyclers | ||||||
19 | and refurbishers for recycling or processing for reuse. Each | ||||||
20 | third-party auditor shall perform a return share sample of CEDs | ||||||
21 | for at least one 8-hour period, once a quarter during the | ||||||
22 | program year at the facility of each registered recycler and | ||||||
23 | refurbisher under contract with the manufacturer or group of | ||||||
24 | manufacturers that has hired the auditor. The audit shall | ||||||
25 | contain the following data: | ||||||
26 | (1) the number and weight of CEDs, sorted by brand name |
| |||||||
| |||||||
1 | and product type, including a category for orphan CEDs; | ||||||
2 | (2) the total weight of the sample by product type; | ||||||
3 | (3) the date, location, and time of the sampling; | ||||||
4 | (4) the name or names of the manufacturer for whom the | ||||||
5 | recycler is performing activities under this Act; and | ||||||
6 | (5) a certification by the third-party auditor that the | ||||||
7 | sampling is statistically significant and, if not, an | ||||||
8 | explanation as to what occurred to render the sampling | ||||||
9 | insignificant. | ||||||
10 | The manufacturer shall notify the Agency 30 days prior to | ||||||
11 | the third-party auditor's return share sampling by providing | ||||||
12 | the Agency with the time and date on which the third-party | ||||||
13 | auditor will perform the return share sample. The Agency may, | ||||||
14 | at its discretion, be present at any sampling event and may | ||||||
15 | audit the methodology and the results of the third-party | ||||||
16 | auditor. | ||||||
17 | No less than 30 days after the close of each calendar | ||||||
18 | quarter, the manufacturer shall submit to the Agency the | ||||||
19 | results of the third-party samplings conducted during the | ||||||
20 | quarter. The results shall be submitted in the form and manner | ||||||
21 | required by the Agency. | ||||||
22 | (f) Manufacturers shall ensure that only recyclers and | ||||||
23 | refurbishers that have registered with the Agency are used to | ||||||
24 | meet the individual recycling and reuse goals set forth in this | ||||||
25 | Act. | ||||||
26 | (g) Manufacturers shall ensure that the recyclers and |
| |||||||
| |||||||
1 | refurbishers used to meet the individual recycling and reuse | ||||||
2 | goals set forth in this Act shall, at a minimum, comply with | ||||||
3 | the standards set forth under subsection (d) of Section 50 of | ||||||
4 | this Act. By November 1, 2011 and every November 1 thereafter, | ||||||
5 | manufacturers shall submit a document, as prescribed by the | ||||||
6 | Agency, listing each registered recycler and refurbisher that | ||||||
7 | will be used to meet the manufacturer's annual CED recycling | ||||||
8 | and reuse goal and certifying that those recyclers or | ||||||
9 | refurbishers comply with the standards set forth in subsection | ||||||
10 | (d) of Section 50. | ||||||
11 | (h) By September 1, 2012 and every September 1 thereafter | ||||||
12 | August 15, 2009 , CED television manufacturers shall submit to | ||||||
13 | the Agency, in the form and manner required by the Agency, a | ||||||
14 | report that contains the total weight of CEDs televisions sold | ||||||
15 | under each of the manufacturer's brands to individuals at | ||||||
16 | retail in this State as calculated under subsection (c) and | ||||||
17 | (c-15) of Section 15. Each manufacturer shall indicate on the | ||||||
18 | report whether the total weight of CEDs was derived from its | ||||||
19 | own sales records or national sales data. If a manufacturer's | ||||||
20 | CED weight is derived from national sales data, the | ||||||
21 | manufacturer shall indicate the source of the sales data. , as | ||||||
22 | set forth in the reports to manufacturers by retailers under | ||||||
23 | subsection (c) of Section 40. | ||||||
24 | (i) (Blank). No later than September 1, 2010, television | ||||||
25 | manufacturers must submit to the Agency, in the form and manner | ||||||
26 | required by the Agency, a report for the period January 1, 2010 |
| |||||||
| |||||||
1 | through June 30, 2010 that contains both of the following: | ||||||
2 | (1) The total weight of televisions sold under each of | ||||||
3 | the manufacturer's brands to individuals at retail in this | ||||||
4 | State, from one of the following 2 sources, with the | ||||||
5 | manufacturer indicating in the report which of the 2 data | ||||||
6 | sources was used, and, if a national sales data report was | ||||||
7 | used, the name of the national sales data source: | ||||||
8 | (A) the manufacturer's own sales reports; or | ||||||
9 | (B) national sales data reports obtained by the | ||||||
10 | manufacturer and pro-rated to Illinois by multiplying | ||||||
11 | the weight of the manufacturer's televisions sold | ||||||
12 | nationally by the quotient that results from dividing | ||||||
13 | the population of Illinois by the population of the | ||||||
14 | United States. The population of Illinois and the | ||||||
15 | United States shall be obtained using the most recent | ||||||
16 | U.S. census data. | ||||||
17 | (2) The total weight of computers, the total weight of | ||||||
18 | computer monitors, the total weight of printers, the total | ||||||
19 | weight of televisions, and the total weight of EEDs | ||||||
20 | recycled or processed for reuse. | ||||||
21 | (j) (Blank). By August 15, 2010, computer, computer | ||||||
22 | monitor, and printer manufacturers shall submit to the Agency, | ||||||
23 | on forms and in a format prescribed by the Agency, a report for | ||||||
24 | the period January 1, 2010 through June 30, 2010 that contains | ||||||
25 | the total weight of computers, the total weight of computer | ||||||
26 | monitors, the total weight of printers, the total weight of |
| |||||||
| |||||||
1 | televisions, and the total weight of EEDs, recycled or | ||||||
2 | processed for reuse. | ||||||
3 | (k) (Blank). No later than April 1 of program years 2011 and | ||||||
4 | thereafter, television manufacturers shall submit to the | ||||||
5 | Agency, in the form and manner required by the Agency, a report | ||||||
6 | that contains all of the following information for the previous | ||||||
7 | program year: | ||||||
8 | (1) The total weight of televisions sold under each of | ||||||
9 | the manufacturer's brands to individuals at retail in this | ||||||
10 | State, from one of the following 2 sources, with the | ||||||
11 | manufacturer indicating in the report which of the two data | ||||||
12 | sources was used, and, if a national sales data report was | ||||||
13 | used, the name of the national sales data source: | ||||||
14 | (a) the manufacturer's own sales reports; or | ||||||
15 | (b) national sales data reports obtained by the | ||||||
16 | manufacturer and pro-rated to Illinois by multiplying | ||||||
17 | the weight of the manufacturer's televisions sold | ||||||
18 | nationally by the quotient that results from dividing | ||||||
19 | the population of Illinois by the population of the | ||||||
20 | United States. The population of Illinois and the | ||||||
21 | United States shall be obtained using the most recent | ||||||
22 | U.S. census data. | ||||||
23 | (2) The total weight of computers, the total weight of | ||||||
24 | computer monitors, the total weight of printers, the total | ||||||
25 | weight of televisions, and the total weight of EEDs | ||||||
26 | recycled or processed for reuse. |
| |||||||
| |||||||
1 | (3) The identification of all weights that are adjusted | ||||||
2 | under subsection (d) of this Section. For all weights | ||||||
3 | adjusted under item (2) of subsection (d), the manufacturer | ||||||
4 | must include copies of the written confirmation required | ||||||
5 | under that subsection. | ||||||
6 | (4) A list of each recycler, refurbisher, and collector | ||||||
7 | used by the manufacturer to fulfill the manufacturer's | ||||||
8 | individual recycling and reuse goal set forth in Section 19 | ||||||
9 | of this Act. | ||||||
10 | (5) A summary of the manufacturer's consumer education | ||||||
11 | program required under subsection (m) of this Section. | ||||||
12 | (l) On or before January 31, 2013 and on or before every | ||||||
13 | January 31 No later than April 1 of program years 2011 and | ||||||
14 | thereafter, CED computer, computer monitor, and printer | ||||||
15 | manufacturers shall submit to the Agency, on forms and in a | ||||||
16 | format prescribed by the Agency, a report that contains all of | ||||||
17 | the following information for the previous program year: | ||||||
18 | (1) The the total weight of computers, the total weight | ||||||
19 | of computer monitors, the total weight of printers, the | ||||||
20 | total weight of televisions, and the total weight of EEDs | ||||||
21 | recycled or processed for reuse . ; | ||||||
22 | (2) The the identification of all weights that are | ||||||
23 | adjusted under subsection (d) of this Section. For all | ||||||
24 | weights adjusted under item (2) of subsection (d), the | ||||||
25 | manufacturer must include copies of the written | ||||||
26 | confirmation required under that subsection . ; |
| |||||||
| |||||||
1 | (3) A a list of each recycler, refurbisher, and | ||||||
2 | collector used by the manufacturer to fulfill the | ||||||
3 | manufacturer's individual recycling and reuse goal set | ||||||
4 | forth in subsection (c) of Section 15 of this Act . ; and | ||||||
5 | (4) A a summary of the manufacturer's consumer | ||||||
6 | education program required under subsection (m) of this | ||||||
7 | Section. | ||||||
8 | (m) Manufacturers must develop and maintain a consumer | ||||||
9 | education program that complements and corresponds to the | ||||||
10 | primary retailer-driven campaign required under Section 40 of | ||||||
11 | this Act. The education program shall promote the recycling of | ||||||
12 | electronic products and proper end-of-life management of the | ||||||
13 | products by consumers. | ||||||
14 | (n) Beginning January 1 2010, no manufacturer may sell a | ||||||
15 | computer, computer monitor, printer, or television in this | ||||||
16 | State unless the manufacturer is registered with the State as | ||||||
17 | required under this Act, has paid the required registration | ||||||
18 | fee, and is otherwise in compliance with the provisions of this | ||||||
19 | Act. | ||||||
20 | (o) Beginning January 1, 2010, no manufacturer may sell a | ||||||
21 | computer, computer monitor, printer, or television in this | ||||||
22 | State unless the manufacturer's brand name is permanently | ||||||
23 | affixed to, and is readily visible on, the computer, computer | ||||||
24 | monitor, printer, or television. | ||||||
25 | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
|
| |||||||
| |||||||
1 | (415 ILCS 150/50)
| ||||||
2 | Sec. 50. Recycler and refurbisher registration. | ||||||
3 | (a) Prior to January 1 of each program year, each recycler | ||||||
4 | and refurbisher must register with the Agency and submit a | ||||||
5 | registration fee pursuant to subsection (b) for that program | ||||||
6 | year. Registration must be on forms and in a format prescribed | ||||||
7 | by the Agency and shall include, but not be limited to, the | ||||||
8 | address of each location where the recycler or refurbisher | ||||||
9 | manages CEDs or EEDs and identification of each location at | ||||||
10 | which the recycler or refurbisher accepts CEDs or EEDs from a | ||||||
11 | residence. | ||||||
12 | (b) The registration fee for program year 2010 is $2,000. | ||||||
13 | For program year 2011, if a recycler's or refurbisher's annual | ||||||
14 | combined total weight of CEDs and EEDs is less than 1,000 tons | ||||||
15 | per year, the registration fee shall be $500. For program year | ||||||
16 | 2012 and for all subsequent program years, both registration | ||||||
17 | fees shall be increased each year by an inflation factor | ||||||
18 | determined by the annual Implicit Price Deflator for Gross | ||||||
19 | National Product as published by the U.S. Department of | ||||||
20 | Commerce in its Survey of Current Business. The inflation | ||||||
21 | factor must be calculated each year by dividing the latest | ||||||
22 | published annual Implicit Price Deflator for Gross National | ||||||
23 | Product by the annual Implicit Price Deflator for Gross | ||||||
24 | National Product for the previous year. The inflation factor | ||||||
25 | must be rounded to the nearest 1/100th, and the resulting | ||||||
26 | registration fee must be rounded to the nearest whole dollar. |
| |||||||
| |||||||
1 | No later than October 1 of each program year, the Agency shall | ||||||
2 | post on its website the registration fee for the next program | ||||||
3 | year. | ||||||
4 | (c) No person may act as a recycler or a refurbisher of | ||||||
5 | CEDs for a manufacturer obligated to meet goals under this Act | ||||||
6 | unless the recycler or refurbisher is registered and has paid | ||||||
7 | the registration fee as required under this Section. Registered | ||||||
8 | recyclers and refurbishers must accept any delivered CED or | ||||||
9 | EED. Neither a registered recycler nor a refurbisher may charge | ||||||
10 | individual consumers a fee to recycle or refurbish CEDs and | ||||||
11 | EEDs, unless the recycler or refurbisher provides (i) a | ||||||
12 | financial incentive, such as a coupon, that is of greater or | ||||||
13 | equal value to the applicable item or (ii) premium service, | ||||||
14 | such as curbside collection, home pick-up, or a similar method | ||||||
15 | of collection. | ||||||
16 | (d) Recyclers and refurbishers must, at a minimum, comply | ||||||
17 | with all of the following: | ||||||
18 | (1) Recyclers and refurbishers must comply with | ||||||
19 | federal, State, and local laws and regulations, including | ||||||
20 | federal and State minimum wage laws, specifically relevant | ||||||
21 | to the handling, processing, refurbishing and recycling of | ||||||
22 | residential CEDs and must have proper authorization by all | ||||||
23 | appropriate governing authorities to perform the handling, | ||||||
24 | processing, refurbishment, and recycling. | ||||||
25 | (2) Recyclers and refurbishers must implement the | ||||||
26 | appropriate measures to safeguard occupational and |
| |||||||
| |||||||
1 | environmental health and safety, through the following: | ||||||
2 | (A) environmental health and safety training of | ||||||
3 | personnel, including training with regard to material | ||||||
4 | and equipment handling, worker exposure, controlling | ||||||
5 | releases, and safety and emergency procedures; | ||||||
6 | (B) an up-to-date, written plan for the | ||||||
7 | identification and management of hazardous materials; | ||||||
8 | and | ||||||
9 | (C) an up-to-date, written plan for reporting and | ||||||
10 | responding to exceptional pollutant releases, | ||||||
11 | including emergencies such as accidents, spills, | ||||||
12 | fires, and explosions. | ||||||
13 | (3) Recyclers and refurbishers must maintain (i) | ||||||
14 | commercial general liability insurance or the equivalent | ||||||
15 | corporate guarantee for accidents and other emergencies | ||||||
16 | with limits of not less than $1,000,000 per occurrence and | ||||||
17 | $1,000,000 aggregate and (ii) pollution legal liability | ||||||
18 | insurance with limits not less than $1,000,000 per | ||||||
19 | occurrence for companies engaged solely in the dismantling | ||||||
20 | activities and $5,000,000 per occurrence for companies | ||||||
21 | engaged in recycling. | ||||||
22 | (4) Recyclers and refurbishers must maintain on file | ||||||
23 | documentation that demonstrates the completion of an | ||||||
24 | environmental health and safety audit completed and | ||||||
25 | certified by a competent internal and external auditor | ||||||
26 | annually. A competent auditor is an individual who, through |
| |||||||
| |||||||
1 | professional training or work experience, is appropriately | ||||||
2 | qualified to evaluate the environmental health and safety | ||||||
3 | conditions, practices, and procedures of the facility. | ||||||
4 | Documentation of auditors' qualifications must be | ||||||
5 | available for inspection by Agency officials and | ||||||
6 | third-party auditors. | ||||||
7 | (5) Recyclers and refurbishers must maintain on file | ||||||
8 | proof of workers' compensation and employers' liability | ||||||
9 | insurance. | ||||||
10 | (6) Recyclers and refurbishers must provide adequate | ||||||
11 | assurance (such as bonds or corporate guarantee) to cover | ||||||
12 | environmental and other costs of the closure of the | ||||||
13 | recycler or refurbisher's facility, including cleanup of | ||||||
14 | stockpiled equipment and materials. | ||||||
15 | (7) Recyclers and refurbishers must apply due | ||||||
16 | diligence principles to the selection of facilities to | ||||||
17 | which components and materials (such as plastics, metals, | ||||||
18 | and circuit boards) from CEDs and EEDs are sent for reuse | ||||||
19 | and recycling. | ||||||
20 | (8) Recyclers and refurbishers must establish a | ||||||
21 | documented environmental management system that is | ||||||
22 | appropriate in level of detail and documentation to the | ||||||
23 | scale and function of the facility, including documented | ||||||
24 | regular self-audits or inspections of the recycler or | ||||||
25 | refurbisher's environmental compliance at the facility. | ||||||
26 | (9) Recyclers and refurbishers must use the |
| |||||||
| |||||||
1 | appropriate equipment for the proper processing of | ||||||
2 | incoming materials as well as controlling environmental | ||||||
3 | releases to the environment. The dismantling operations | ||||||
4 | and storage of CED and EED components that contain | ||||||
5 | hazardous substances must be conducted indoors and over | ||||||
6 | impervious floors. Storage areas must be adequate to hold | ||||||
7 | all processed and unprocessed inventory. When heat is used | ||||||
8 | to soften solder and when CED and EED components are | ||||||
9 | shredded, operations must be designed to control indoor and | ||||||
10 | outdoor hazardous air emissions. | ||||||
11 | (10) Recyclers and refurbishers must establish a | ||||||
12 | system for identifying and properly managing components | ||||||
13 | (such as circuit boards, batteries, CRTs, and mercury | ||||||
14 | phosphor lamps) that are removed from CEDs and EEDs during | ||||||
15 | disassembly. Recyclers and refurbishers must properly | ||||||
16 | manage all hazardous and other components requiring | ||||||
17 | special handling from CEDs and EEDs consistent with | ||||||
18 | federal, State, and local laws and regulations. Recyclers | ||||||
19 | and refurbishers must provide visible tracking (such as | ||||||
20 | hazardous waste manifests or bills of lading) of hazardous | ||||||
21 | components and materials from the facility to the | ||||||
22 | destination facilities and documentation (such as | ||||||
23 | contracts) stating how the destination facility processes | ||||||
24 | the materials received. No recycler or refurbisher may | ||||||
25 | send, either directly or through intermediaries, hazardous | ||||||
26 | wastes to solid waste (non-hazardous waste) landfills or to |
| |||||||
| |||||||
1 | non-hazardous waste incinerators for disposal or energy | ||||||
2 | recovery. For the purpose of these guidelines, smelting of | ||||||
3 | hazardous wastes to recover metals for reuse in conformance | ||||||
4 | with all applicable laws and regulations is not considered | ||||||
5 | disposal or energy recovery. | ||||||
6 | (11) Recyclers and refurbishers must use a regularly | ||||||
7 | implemented and documented monitoring and record-keeping | ||||||
8 | program that tracks inbound CED and EED material weights | ||||||
9 | (total) and subsequent outbound weights (total to each | ||||||
10 | destination), injury and illness rates, and compliance | ||||||
11 | with applicable permit parameters including monitoring of | ||||||
12 | effluents and emissions. Recyclers and refurbishers must | ||||||
13 | maintain contracts or other documents, such as sales | ||||||
14 | receipts, suitable to demonstrate: (i) the reasonable | ||||||
15 | expectation that there is a downstream market or uses for | ||||||
16 | designated electronics (which may include recycling or | ||||||
17 | reclamation processes such as smelting to recover metals | ||||||
18 | for reuse); and (ii) that any residuals from recycling or | ||||||
19 | reclamation processes, or both, are properly handled and | ||||||
20 | managed to maximize reuse and recycling of materials to the | ||||||
21 | extent practical. | ||||||
22 | (12) Recyclers and refurbishers must comply with | ||||||
23 | federal and international law and agreements regarding the | ||||||
24 | export of used products or materials. In the case of | ||||||
25 | exports of CEDs and EEDs, recyclers and refurbishers must | ||||||
26 | comply with applicable requirements of the U.S. and of the |
| |||||||
| |||||||
1 | import and transit countries and must maintain proper | ||||||
2 | business records documenting its compliance. No recycler | ||||||
3 | or refurbisher may establish or use intermediaries for the | ||||||
4 | purpose of circumventing these U.S. import and transit | ||||||
5 | country requirements. | ||||||
6 | (13) Recyclers and refurbishers that conduct | ||||||
7 | transactions involving the transboundary shipment of used | ||||||
8 | CEDs and EEDs shall use contracts (or the equivalent | ||||||
9 | commercial arrangements) made in advance that detail the | ||||||
10 | quantity and nature of the materials to be shipped. For the | ||||||
11 | export of materials to a foreign country (directly or | ||||||
12 | indirectly through downstream market contractors): (i) the | ||||||
13 | shipment of intact televisions and computer monitors | ||||||
14 | destined for reuse must include only whole products that | ||||||
15 | are tested and certified as being in working order or | ||||||
16 | requiring only minor repair (e.g. not requiring the | ||||||
17 | replacement of circuit boards or CRTs), must be destined | ||||||
18 | for reuse with respect to the original purpose, and the | ||||||
19 | recipient must have verified a market for the sale or | ||||||
20 | donation of such product for reuse; (ii) the shipments of | ||||||
21 | CEDs and EEDs for material recovery must be prepared in a | ||||||
22 | manner for recycling, including, without limitation, | ||||||
23 | smelting where metals will be recovered, plastics recovery | ||||||
24 | and glass-to-glass recycling; or (iii) the shipment of CEDs | ||||||
25 | and EEDs are being exported to companies or facilities that | ||||||
26 | are owned or controlled by the original equipment |
| |||||||
| |||||||
1 | manufacturer. | ||||||
2 | (14) Recyclers and refurbishers must maintain the | ||||||
3 | following export records for each shipment on file for a | ||||||
4 | minimum of 3 years: (i) the facility name and the address | ||||||
5 | to which shipment is exported; (ii) the shipment contents | ||||||
6 | and volumes; (iii) the intended use of contents by the | ||||||
7 | destination facility; (iv) any specification required by | ||||||
8 | the destination facility in relation to shipment contents; | ||||||
9 | (v) an assurance that all shipments for export, as | ||||||
10 | applicable to the CED manufacturer, are legal and satisfy | ||||||
11 | all applicable laws of the destination country. | ||||||
12 | (15) Recyclers and refurbishers must employ | ||||||
13 | industry-accepted procedures for the destruction or | ||||||
14 | sanitization of data on hard drives and other data storage | ||||||
15 | devices. Acceptable guidelines for the destruction or | ||||||
16 | sanitization of data are contained in the National | ||||||
17 | Institute of Standards and Technology's Guidelines for | ||||||
18 | Media Sanitation or those guidelines certified by the | ||||||
19 | National Association for Information Destruction; | ||||||
20 | (16) No recycler or refurbisher may employ prison labor | ||||||
21 | in any operation related to the collection, | ||||||
22 | transportation, recycling, and refurbishment of CEDs and | ||||||
23 | EEDs. No recycler or refurbisher may employ any third party | ||||||
24 | that uses or subcontracts for the use of prison labor.
| ||||||
25 | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
|
| |||||||
| |||||||
1 | (415 ILCS 150/55)
| ||||||
2 | Sec. 55. Collector responsibilities. | ||||||
3 | (a) No later than January 1 of each program year, | ||||||
4 | collectors that collect or receive CEDs or EEDs for one or more | ||||||
5 | manufacturers, recyclers, or refurbishers shall register with | ||||||
6 | the Agency. Registration must be in the form and manner | ||||||
7 | required by the Agency and must include, without limitation, | ||||||
8 | the address of each location where CEDs or EEDs are received | ||||||
9 | and the identification of each location at which the collector | ||||||
10 | accepts CEDs or EEDs from a residence. | ||||||
11 | (b) Manufacturers, recyclers, refurbishers also acting as | ||||||
12 | collectors shall so indicate on their registration under | ||||||
13 | Section 30 or 50 and not register separately as collectors. | ||||||
14 | (c) No later than August 15, 2010, collectors must submit | ||||||
15 | to the Agency, on forms and in a format prescribed by the | ||||||
16 | Agency, a report for the period from January 1, 2010 through | ||||||
17 | June 30, 2010 that contains the following information: the | ||||||
18 | total weight of computers, the total weight of computer | ||||||
19 | monitors, the total weight of printers, the total weight of | ||||||
20 | televisions, and the total weight of EEDs collected or received | ||||||
21 | for each manufacturer. | ||||||
22 | (d) By January 31 No later than May 1 of each program year, | ||||||
23 | collectors must submit to the Agency, on forms and in a format | ||||||
24 | prescribed by the Agency, a report that contains the following | ||||||
25 | information for the previous program year: | ||||||
26 | (1) The the total weight of individual CEDs collected |
| |||||||
| |||||||
1 | computers, the total weight of computer monitors, the total | ||||||
2 | weight of printers, the total weight of televisions, and | ||||||
3 | the total weight of EEDs collected or received for each | ||||||
4 | manufacturer during the previous program year. | ||||||
5 | (2) A a list of each recycler and refurbisher that | ||||||
6 | received CEDs and EEDs from the collector and the total | ||||||
7 | weight each recycler and refurbisher received. | ||||||
8 | (3) The the address of each collector's facility where | ||||||
9 | the CEDs and EEDs were collected or received. Each facility | ||||||
10 | address must include the county in which the facility is | ||||||
11 | located. | ||||||
12 | (e) Collectors may accept no more than 10 CEDs or EEDs at | ||||||
13 | one time from individual members of the public and, when | ||||||
14 | scheduling collection events, shall provide no fewer than 30 | ||||||
15 | days' notice to the county waste agency of those events.
| ||||||
16 | (f) No collector of CEDs and EEDs may recycle, or refurbish | ||||||
17 | for reuse or resale CEDs or EEDs, to a third-party unless the | ||||||
18 | collector registers as a recycler or refurbisher pursuant to | ||||||
19 | Section 50 and pays the registration fee pursuant to Section | ||||||
20 | 50. | ||||||
21 | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
| ||||||
22 | (415 ILCS 150/60)
| ||||||
23 | Sec. 60. Collection strategy for underserved counties. | ||||||
24 | (a) For program year 2010 and 2011 , all counties in this | ||||||
25 | State except the following are considered underserved: |
| |||||||
| |||||||
1 | Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock, | ||||||
2 | Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston, | ||||||
3 | Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock | ||||||
4 | Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren, | ||||||
5 | Will, Williamson, and Winnebago. | ||||||
6 | (b) For program year 2012 and each program year thereafter | ||||||
7 | underserved counties shall be those counties within the state | ||||||
8 | of Illinois with a population density of 190 persons or less | ||||||
9 | per square mile based on the most recent U.S. Census population | ||||||
10 | estimate. For program years 2011 and later, underserved | ||||||
11 | counties shall be counties in this State that, during the | ||||||
12 | program year 2 years prior, were not served by a minimum of one | ||||||
13 | collection site that (i) accepted all types of CEDs and EEDs | ||||||
14 | and (ii) was open for a minimum of 8 hours on at least one day | ||||||
15 | per month of that program year. For the purposes of this | ||||||
16 | subsection (b), 2009 shall be considered to have been a program | ||||||
17 | year, and for the program year 2012 the determination of | ||||||
18 | whether a county is underserved shall be based on the criteria | ||||||
19 | of this subsection (b) instead of the county's inclusion in the | ||||||
20 | list set forth in subsection (a) of this Section.
| ||||||
21 | (Source: P.A. 95-959, eff. 9-17-08.)
| ||||||
22 | (415 ILCS 150/65)
| ||||||
23 | Sec. 65. State government procurement. | ||||||
24 | (a) The Department of Central Management Services shall | ||||||
25 | ensure that all bid specifications and contracts for the |
| |||||||
| |||||||
1 | purchase or lease of desktop computers, laptop or notebook | ||||||
2 | computers, and computer monitors, by State agencies under a | ||||||
3 | statewide master contract require that the electronic products | ||||||
4 | have a Bronze performance tier or higher registration under the | ||||||
5 | Electronic Product Environmental Assessment Tool ("EPEAT") | ||||||
6 | operated by the Green Electronics Council. | ||||||
7 | (b) The Department of Central Management Services shall | ||||||
8 | ensure that bid specifications and contracts for the purchase | ||||||
9 | or lease of televisions , and printers , electronic keyboards, | ||||||
10 | facsimile machines, videocassette recorders, portable digital | ||||||
11 | music players that have memory capability and are battery | ||||||
12 | powered, digital video disc players, video game consoles, | ||||||
13 | electronic mice, scanners, digital converter boxes, cable or | ||||||
14 | satellite receivers, digital video disc recorders, or | ||||||
15 | small-scale servers by State agencies under a statewide master | ||||||
16 | contract require that those items the televisions have a Bronze | ||||||
17 | performance tier or higher registration under EPEAT if the | ||||||
18 | Department determines that there are an adequate number of | ||||||
19 | those items the televisions or printers registered under EPEAT | ||||||
20 | to provide a sufficiently competitive bidding environment. | ||||||
21 | (c) This Section applies to bid specifications issued, and | ||||||
22 | contracts entered into, on or after January 1, 2010.
| ||||||
23 | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
| ||||||
24 | (415 ILCS 150/80)
| ||||||
25 | Sec. 80. Penalties. |
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1 | (a) Except as otherwise provided in this Act, any person | ||||||
2 | who violates any provision of this Act or fails to perform any | ||||||
3 | duty under this Act is liable for a civil penalty not to exceed | ||||||
4 | $15,000 $1,000 for the violation and an additional civil | ||||||
5 | penalty not to exceed $5,000 $1,000 for each day the violation | ||||||
6 | continues and is liable for a civil penalty not to exceed | ||||||
7 | $5,000 for a second or subsequent violation and an additional | ||||||
8 | civil penalty not to exceed $1,000 for each day the second or | ||||||
9 | subsequent violation continues . | ||||||
10 | (b) A manufacturer that is not registered with the Agency | ||||||
11 | as required under this Act, or that has not paid the | ||||||
12 | registration fee as required under this Act, is liable for a | ||||||
13 | civil penalty not to exceed $10,000 for the violation and an | ||||||
14 | additional civil penalty not to exceed $10,000 for each day the | ||||||
15 | violation continues. | ||||||
16 | (c) A manufacturer in violation of subsection (d) of | ||||||
17 | Section 30 of this Act in program year 2012 or thereafter is | ||||||
18 | liable for a civil penalty equal to the following: | ||||||
19 | (1) In program year 2012, if the total weight of CEDs | ||||||
20 | and EEDs recycled or processed for reuse by the | ||||||
21 | manufacturer is less than 60% of the manufacturer's | ||||||
22 | individual recycling or reuse goal set forth in subsection | ||||||
23 | (c) of Section 15 Section 19 of this Act, the manufacturer | ||||||
24 | shall pay a penalty equal to the product of: (i) $0.70 per | ||||||
25 | pound; multiplied by (ii) the difference between the | ||||||
26 | manufacturer's individual recycling or reuse goal and the |
| |||||||
| |||||||
1 | total weight of CEDs and EEDs recycled or processed for | ||||||
2 | reuse by the manufacturer during the program year. | ||||||
3 | (2) In program year 2013, and each year thereafter, if | ||||||
4 | the total weight of CEDs and EEDs recycled or processed for | ||||||
5 | reuse by the manufacturer less than 75% of the | ||||||
6 | manufacturer's individual recycling or reuse goal set | ||||||
7 | forth in Section 19 of this Act, the manufacturer shall pay | ||||||
8 | a penalty equal to the product of: (i) $0.70 per pound; | ||||||
9 | multiplied by (ii) the difference between the | ||||||
10 | manufacturer's individual recycling or reuse goal and the | ||||||
11 | total weight of CEDs and EEDs recycled or processed for | ||||||
12 | reuse by the manufacturer during the program year. | ||||||
13 | (d) Beginning January 1, 2010, a manufacturer in violation | ||||||
14 | of subsection (e), (h), (i), (j), (k), or (l) , or (m) of | ||||||
15 | Section 30 is liable for a civil penalty not to exceed $5,000 | ||||||
16 | for the violation. | ||||||
17 | (e) Any person in violation of Section 50 of this Act is | ||||||
18 | liable for a civil penalty not to exceed $5,000 for the | ||||||
19 | violation. | ||||||
20 | (f) A knowing violation of subsections (a) and (c) of | ||||||
21 | Section 95 of this Act is a petty offense punishable by a fine | ||||||
22 | of $1500; however, a knowing violation of subsections (a) and | ||||||
23 | (c) of Section 95 of this Act by a residential consumer is a | ||||||
24 | petty offense punishable by a fine of $100. | ||||||
25 | (g) The penalties provided for in this Act may be recovered | ||||||
26 | in a civil action brought by the Attorney General in the name |
| |||||||
| |||||||
1 | of the People of the State of Illinois. Any moneys collected | ||||||
2 | under this Section in which the Attorney General has prevailed | ||||||
3 | may be deposited into the Electronic Recycling Fund, | ||||||
4 | established under this Act. | ||||||
5 | (h) The Attorney General, at the request of the Agency or | ||||||
6 | on his or her own motion, may institute a civil action for an | ||||||
7 | injunction, prohibitory or mandatory, to restrain violations | ||||||
8 | of this Act or to require such actions as may be necessary to | ||||||
9 | address violations of this Act. | ||||||
10 | (i) The penalties and injunctions provided in this Act are | ||||||
11 | in addition to any penalties, injunctions, or other relief | ||||||
12 | provided under any other law. Nothing in this Act bars a cause | ||||||
13 | of action by the State for any other penalty, injunction, or | ||||||
14 | relief provided by any other law.
| ||||||
15 | (Source: P.A. 95-959, eff. 9-17-08.)
| ||||||
16 | (415 ILCS 150/95)
| ||||||
17 | Sec. 95. Landfill ban. | ||||||
18 | (a) Except as may be provided pursuant to subsection (e) of | ||||||
19 | this Section, and beginning January 1, 2012, no person may | ||||||
20 | knowingly cause or allow the mixing of a CED, or any other | ||||||
21 | computer, computer monitor, printer, or television , electronic | ||||||
22 | keyboard, facsimile machine, videocassette recorder, portable | ||||||
23 | digital music player, digital video disc player, or video game | ||||||
24 | console with municipal waste that is intended for disposal at a | ||||||
25 | landfill. |
| |||||||
| |||||||
1 | (b) Except as may be provided pursuant to subsection (e) of | ||||||
2 | this Section, and beginning January 1, 2012, no person may | ||||||
3 | knowingly cause or allow the disposal of a CED or any other | ||||||
4 | computer, computer monitor, printer, or television , electronic | ||||||
5 | keyboard, facsimile machine, videocassette recorder, portable | ||||||
6 | digital music player, digital video disc player, or video game | ||||||
7 | console in a sanitary landfill. | ||||||
8 | (c) Beginning January 1, 2012, no person may knowingly | ||||||
9 | cause or allow the mixing of a CED, or any other computer, | ||||||
10 | computer monitor, printer, or television , electronic keyboard, | ||||||
11 | facsimile machine, videocassette recorder, portable digital | ||||||
12 | music player, digital video disc player, or video game console | ||||||
13 | with waste that is intended for disposal by burning or | ||||||
14 | incineration. | ||||||
15 | (d) Beginning January 1, 2012, no person may knowingly | ||||||
16 | cause or allow the burning or incineration of a CED, or any | ||||||
17 | other computer, computer monitor, printer, or television , | ||||||
18 | electronic keyboard, facsimile machine, videocassette | ||||||
19 | recorder, portable digital music player, digital video disc | ||||||
20 | player, or video game console . | ||||||
21 | (e) Beginning April 1, 2012 but no later than December 31, | ||||||
22 | 2013, the Illinois Pollution Control Board (Board) is | ||||||
23 | authorized to review temporary CED landfill ban waiver | ||||||
24 | petitions by county governments or municipal joint action | ||||||
25 | agencies (action agencies) and determine whether the | ||||||
26 | respective county's or action agency's jurisdiction may be |
| |||||||
| |||||||
1 | granted a temporary CED landfill ban waiver due to a lack of | ||||||
2 | funds and a lack of collection opportunities to collect CEDs | ||||||
3 | and EEDs within the county's or action agency's jurisdiction. | ||||||
4 | If the Board grants a waiver under this subsection (e), | ||||||
5 | subsections (a) and (b) of this Section shall not apply to CEDs | ||||||
6 | and EEDs that are taken out of service from residences within | ||||||
7 | the jurisdiction of the county or action agency receiving the | ||||||
8 | waiver and disposed of during the remainder of the program year | ||||||
9 | in which the petition is filed. | ||||||
10 | (1) The petition from the county or action agency shall | ||||||
11 | include the following: | ||||||
12 | (A) documentation of the county's or action | ||||||
13 | agency's attempts to gain funding, as well as the total | ||||||
14 | funding obtained, for the collection of CEDs and EEDs | ||||||
15 | in its jurisdiction from manufacturers or other units | ||||||
16 | of government in the State; and
| ||||||
17 | (B) an assessment of other collection | ||||||
18 | opportunities in the county's or action agency's | ||||||
19 | jurisdiction demonstrating insufficient capacity for | ||||||
20 | the anticipated volume of CEDs and EEDs for the | ||||||
21 | remainder of the program year in which the petition is | ||||||
22 | being filed.
| ||||||
23 | (2) In addition to the criteria listed in item (1), the | ||||||
24 | Board shall consider the following additional criteria | ||||||
25 | when reviewing a petition:
| ||||||
26 | (A) total weight of CEDs and EEDs collected in the |
| |||||||
| |||||||
1 | county's or action agency's jurisdiction during all | ||||||
2 | preceding program years;
| ||||||
3 | (B) total weight of CEDs and EEDs collected in the | ||||||
4 | county's or action agency's jurisdiction during the | ||||||
5 | year in which the petition is filed; and
| ||||||
6 | (C) the projected difference in weight between | ||||||
7 | prior program years and the year in which the petition | ||||||
8 | is filed.
| ||||||
9 | (3) Within 60 days after the filing of the petition | ||||||
10 | with the Board, the Board shall determine, based on the | ||||||
11 | criteria in items (1) and (2), whether a temporary CED | ||||||
12 | landfill ban waiver shall be granted to the respective | ||||||
13 | county or action agency for the remainder of the program | ||||||
14 | year in which the petition is filed. The Board's decision | ||||||
15 | to grant such a waiver shall be based upon a showing by | ||||||
16 | clear and convincing evidence that a county or action | ||||||
17 | agency has a lack of funds and its respective jurisdiction | ||||||
18 | lacks sufficient collection opportunities to collect CEDs | ||||||
19 | and EEDs. If the Board denies the petition for a landfill | ||||||
20 | ban waiver, the Board's order shall be final and | ||||||
21 | immediately appealable to the circuit court having | ||||||
22 | jurisdiction over the petitioner.
| ||||||
23 | (4) Within 5 days after granting a temporary CED | ||||||
24 | landfill ban waiver, the Board shall provide written notice | ||||||
25 | to the Agency of the Board's decision. The notice shall be | ||||||
26 | provided at least 15 days prior to the waiver taking |
| |||||||
| |||||||
1 | effect.
| ||||||
2 | (5) Any county or action agency granted a temporary CED | ||||||
3 | landfill ban waiver shall, within 7 days after receiving | ||||||
4 | the waiver, inform all solid waste haulers and landfill | ||||||
5 | operators used by the county or action agency for solid | ||||||
6 | waste disposal that a waiver has been granted for the | ||||||
7 | remainder of the program year. The notification shall be | ||||||
8 | provided to the solid waste haulers and landfill operators | ||||||
9 | at least 15 days prior to the waiver taking effect.
| ||||||
10 | (6) Between April 1, 2012 and December 31, 2013, if a | ||||||
11 | temporary CED landfill ban waiver has been granted to a | ||||||
12 | petitioner, no person disposing of a CED shall be subject | ||||||
13 | to any enforcement proceeding unless he or she disposes of | ||||||
14 | the CED with knowledge that the CED is from a county or | ||||||
15 | action agency that has not received a temporary CED | ||||||
16 | landfill ban waiver.
| ||||||
17 | (Source: P.A. 95-959, eff. 9-17-08.)
| ||||||
18 | (415 ILCS 150/16 rep.) | ||||||
19 | (415 ILCS 150/17 rep.) | ||||||
20 | (415 ILCS 150/18 rep.) | ||||||
21 | (415 ILCS 150/19 rep.) | ||||||
22 | Section 10. The Electronic Products Recycling and Reuse Act | ||||||
23 | is amended by repealing Sections 16, 17, 18, and 19.
| ||||||
24 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.".
|