Rep. Daniel Biss
Filed: 5/3/2011
 
 


 




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1
AMENDMENT TO SENATE BILL 2106




2 AMENDMENT NO. ______. Amend Senate Bill 2106 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Electronic Products Recycling and Reuse Act 
5is amended by changing Sections 5, 10, 15, 20, 30, 50, 55, 60, 
665, 80, and 95 as follows:

7 (415 ILCS 150/5)

8 Sec. 5. Findings and purpose. 
9 (a) The General Assembly finds all of the following:
10  (1) Electronic products are the fastest growing 
11 portion of the solid waste stream. In 2007, 3,000,000 2005, 
12 2,600,000 tons of electronic products became obsolete yet 
13 only 14% 13% of those products were recycled.
14  (2) Many electronic products contain lead, mercury, 
15 cadmium, hexavalent chromium, and other materials that 
16 pose environmental and health risks that must be managed.
 
 
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1  (3) Obsolete Many obsolete electronic products can be 
2 recycled or refurbished for reuse and then returned to the 
3 economic mainstream in the form of raw materials or 
4 products.
5  (4) Electronic products contain metals, plastics, and 
6 leaded glass, and other valuable materials that may be 
7 resold for reuse in new products have resale value. The 
8 reuse of these materials components conserves natural 
9 resources and energy. The reuse of these materials also , 
10 and the reuse also reduces air and water pollution and the 
11 air pollution associated with greenhouse gas emissions.
12  (5) The A management of obsolete residential products 
13 is necessary to prioritize place the reuse and recycling of 
14 these obsolete residential electronic products as the 
15 preferred management strategy over incineration and 
16 landfill disposal.
17  (6) The 2010 Recycling Economic Information Study 
18 Update for Illinois estimates that the total economic 
19 impact of recycling and reusing obsolete electronic 
20 products resulted in the creation of nearly 8,000 jobs and 
21 $622 million in annual receipts. The Illinois Recycling 
22 Economic Information Study of 2001 estimates that the total 
23 economic impact of establishing statewide recycling and 
24 reuse programs for residential electronic products may 
25 result in the creation of nearly 4,000 new jobs and $740 
26 million in annual receipts.
 
 
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1  (7) The State-appointed Computer Equipment Disposal 
2 and Recycling Commission issued a final report in May 2006 
3 recommending legislative, regulatory, or other actions to 
4 properly address the recycling and reuse of obsolete 
5 residential electronic products.
6 (b) The purpose of this Act is to set forth procedures by 
7which the recycling and processing for reuse of covered 
8electronic devices will be accomplished in Illinois.

9(Source: P.A. 95-959, eff. 9-17-08.)

10 (415 ILCS 150/10)

11 Sec. 10. Definitions. As used in this Act:
12 "Agency" means the Environmental Protection Agency.
13 "Cathode-ray tube" means a vacuum tube or picture tube used 
14to convert an electronic signal into a visual image, such as a 
15television or computer monitor.
16 "Collector" means a person who receives covered electronic 
17devices or eligible electronic devices directly from a 
18residence for recycling or processing for reuse. "Collector" 
19includes, but is not limited to, manufacturers, recyclers, and 
20refurbishers who receive CEDs or EEDs directly from the public.
21 "Computer", often referred to as a "personal computer" or 
22"PC", means a desktop or notebook computer as further defined 
23below and used only in a residence, but does not mean an 
24automated typewriter, electronic printer, mobile telephone, 
25portable hand-held calculator, portable digital assistant 
 
 
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1(PDA), MP3 player, or other similar device. "Computer" does not 
2include computer peripherals, commonly known as cables, mouse, 
3or keyboard. "Computer" is further defined as either:
4  (1) "Desktop computer", which means an electronic, 
5 magnetic, optical, electrochemical, or other high-speed 
6 data processing device performing logical, arithmetic, or 
7 storage functions for general purpose needs that are met 
8 through interaction with a number of software programs 
9 contained therein, and that is not designed to exclusively 
10 perform a specific type of logical, arithmetic, or storage 
11 function or other limited or specialized application. 
12 Human interface with a desktop computer is achieved through 
13 a stand-alone keyboard, stand-alone monitor, or other 
14 display unit, and a stand-alone mouse or other pointing 
15 device, and is designed for a single user. A desktop 
16 computer has a main unit that is intended to be 
17 persistently located in a single location, often on a desk 
18 or on the floor. A desktop computer is not designed for 
19 portability and generally utilizes an external monitor, 
20 keyboard, and mouse with an external or internal power 
21 supply for a power source. Desktop computer does not 
22 include an automated typewriter or typesetter; or
23  (2) "Notebook computer", which means an electronic, 
24 magnetic, optical, electrochemical, or other high-speed 
25 data processing device performing logical, arithmetic, or 
26 storage functions for general purpose needs that are met 
 
 
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1 through interaction with a number of software programs 
2 contained therein, and that is not designed to exclusively 
3 perform a specific type of logical, arithmetic, or storage 
4 function or other limited or specialized application. 
5 Human interface with a notebook computer is achieved 
6 through a keyboard, video display greater than 4 inches in 
7 size, and mouse or other pointing device, all of which are 
8 contained within the construction of the unit that 
9 comprises the notebook computer; supplemental stand-alone 
10 interface devices typically can also be attached to the 
11 notebook computer. Notebook computers can use external, 
12 internal, or batteries for a power source. Notebook 
13 computer does not include a portable hand-held calculator, 
14 or a portable digital assistant or similar specialized 
15 device. A notebook computer has an incorporated video 
16 display greater than 4 inches in size and can be carried as 
17 one unit by an individual. A notebook computer is sometimes 
18 referred to as a laptop computer.

19  (3) "Tablet computer", which means an electronic, 
20 magnetic, optical, electrochemical, or other high-speed 
21 data processing device performing logical, arithmetic, or 
22 storage functions for general purpose needs that are met 
23 through interaction with a number of software programs 
24 contained therein, and that is not designed to exclusively 
25 perform a specific type of logical, arithmetic, or storage 
26 function or other limited or specialized application. 
 
 
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1 Human interface with a tablet computer is achieved through 
2 a touch-screen and video display screen greater than 6 
3 inches in size (all of which are contained within the unit 
4 that comprises the tablet computer). Tablet computers may 
5 use an external or internal power source. "Tablet computer" 
6 does not include a portable hand-held calculator, a 
7 portable digital assistant, or a similar specialized 
8 device. 
9 "Computer monitor" means an electronic device that is a 
10cathode-ray tube or flat panel display primarily intended to 
11display information from a computer and is used only in a 
12residence.
13 "Covered electronic device" or "CED" means any computer, 
14computer monitor, television, or printer, electronic keyboard, 
15facsimile machine, videocassette recorder, portable digital 
16music player that has memory capability and is battery powered, 
17digital video disc player, video game console, electronic 
18mouse, scanner, digital converter box, cable receiver, 
19satellite receiver, digital video disc recorder, or small scale 
20server sold at retail and that is taken out of service from a 
21residence in this State regardless of purchase location. 
22"Covered electronic device" does not include any of the 
23following:
24  (1) an electronic device that is a part of a motor 
25 vehicle or any component part of a motor vehicle assembled 
26 by or for a vehicle manufacturer or franchised dealer, 
 
 
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1 including replacement parts for use in a motor vehicle;
2  (2) an electronic device that is functionally or 
3 physically part of a larger piece of equipment or that is 
4 taken out of service from an industrial, commercial 
5 (including retail), library checkout, traffic control, 
6 kiosk, security (other than household security), 
7 governmental, agricultural, or medical setting, including 
8 but not limited to diagnostic, monitoring, or control 
9 equipment; or
10  (3) an electronic device that is contained within a 
11 clothes washer, clothes dryer, refrigerator, refrigerator 
12 and freezer, microwave oven, conventional oven or range, 
13 dishwasher, room air conditioner, dehumidifier, water 
14 pump, sump pump, or air purifier.
15To the extent allowed under federal and State laws and 
16regulations, a CED that is being collected, recycled, or 
17processed for reuse is not considered to be hazardous waste, 
18household waste, solid waste, or special waste.
19 "Developmentally disabled", as defined by the Illinois 
20Department of Human Services, Division of Developmental 
21Disabilities Program Manual, means having mental retardation 
22or a related condition. For the purposes of this Act:
23  (1) "Mental retardation" means significantly 
24 subaverage general intellectual functioning as well as 
25 deficits in adaptive behavior that manifested before age 
26 18. A person's general intellectual functioning is 
 
 
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1 significantly subaverage if that person has an 
2 intelligence quotient (IQ) of 70 or below on standardized 
3 measures of intelligence. This upper limit, however, may be 
4 extended upward depending on the reliability of the 
5 intelligence test used.
6  (2) "Related condition" means a severe, chronic 
7 disability that (i) is attributable to cerebral palsy, 
8 epilepsy, or any other condition, other than mental 
9 illness, (ii) is found to be closely related to mental 
10 retardation because the condition results in impairment of 
11 general intellectual functioning or adaptive behavior 
12 similar to that of a person with mental retardation, and 
13 (iii) requires treatment or services similar to those 
14 required for persons with mental retardation. means having 
15 a severe disability, as defined by the Office of 
16 Rehabilitation Services of the Illinois Department of 
17 Human Services, that can be expected to result in death or 
18 that has lasted, or is expected to last, at least 12 months 
19 and that prevents working at a "substantial gainful 
20 activity" level.

21 "Dismantling" means the demanufacturing and shredding of a 
22CED.
23 "Eligible electronic device" or "EED" means any of the 
24following electronic products sold at retail and taken out of 
25service from a residence in this State regardless of purchase 
26location: mobile telephone; computer cable, mouse, or 
 
 
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1keyboard; stand-alone facsimile machine; MP3 player; portable 
2digital assistant (PDA); or video game console, video cassette 
3recorder/player, digital video disk player, or similar video 
4device; zip drive; or scanner. To the extent allowed under 
5federal and state laws and regulations, an EED that is being 
6collected, recycled, or processed for reuse is not considered 
7to be hazardous waste, household waste, solid waste, or special 
8waste.
9 "Low income children and families" mean those children and 
10families that are subject to the most recent version of the 
11United States Department of Health and Human Services Federal 
12Poverty Guidelines.
13 "Manufacturer" means a person, or a successor in interest 
14to a person, under whose brand or label a computer, computer 
15monitor, television, printer, electronic keyboard, facsimile 
16machine, videocassette recorder, portable digital music 
17player, digital video disc player, video game console, 
18electronic mouse, scanner, digital converter box, cable 
19receiver, satellite receiver, digital video disc recorder, or 
20small scale server CED is or was sold at retail. For any of the 
21aforementioned electronic devices CEDs sold at retail under a 
22brand or label that is licensed from a person who is a mere 
23brand owner and who does not sell or produce any of the 
24aforementioned electronic devices the CED, the person who 
25produced the device the CED or his or her successor in interest 
26is the manufacturer. For any of the aforementioned electronic 
 
 
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1devices CEDs sold that were at retail under the brand or label 
2of both the retail seller and the person that produced the 
3device the CED, the person that produced the device the CED, or 
4his or her successor in interest, is the manufacturer. A retail 
5seller of any of the aforementioned electronic devices CEDs may 
6elect to be the manufacturer of one or more of the 
7aforementioned electronic devices CEDs if the retail seller 
8provides written notice to the Agency that it is accepting 
9responsibility as the manufacturer of the device the CED under 
10this Act and identifies any of the aforementioned electronic 
11devices the CEDs for which it is electing to be the 
12manufacturer.
13 "Municipal joint action agency" means a municipal joint 
14action agency created under Section 3.2 of the 
15Intergovernmental Cooperation Act.

16 "Orphan CEDs" means those CEDs that are returned for 
17recycling, or processing for reuse, whose manufacturer cannot 
18be identified, or whose manufacturer is no longer conducting 
19business and has no successor in interest.
20 "Person" means any individual, partnership, 
21co-partnership, firm, company, limited liability company, 
22corporation, association, joint stock company, trust, estate, 
23political subdivision, State agency, or any other legal entity, 
24or a legal representative, agent, or assign of that entity.
25 "Printer" means desktop printers, multifunction printer 
26copiers, and printer/fax combinations taken out of service from 
 
 
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1a residence that are designed to reside on a work surface, and 
2include various print technologies, including without 
3limitation laser and LED (electrographic), ink jet, dot matrix, 
4thermal, and digital sublimation, and "multi-function" or 
5"all-in-one" devices that perform different tasks, including 
6without limitation copying, scanning, faxing, and printing. 
7Printers do not include floor-standing printers, printers with 
8optional floor stand, point of sale (POS) receipt printers, 
9household printers such as a calculator with printing 
10capabilities or label makers, or non-stand-alone printers that 
11are embedded into products that are not CEDs.
12 "Processing for reuse" means any method, technique, or 
13process by which CEDs or EEDs that would otherwise be disposed 
14of or discarded are instead separated, processed, and returned 
15to their original intended purposes or to other useful purposes 
16as electronic devices. "Processing for reuse" includes the 
17collection and transportation of CEDs or EEDs. 
18 "Program Year" means a calendar year. The first program 
19year is 2010.
20 "Recycler" means a person who engages in the recycling of 
21CEDs or EEDs, but does not include telecommunications carriers, 
22telecommunications manufacturers, or commercial mobile service 
23providers with an existing recycling program.
24 "Recycling" means any method, technique, or process by 
25which CEDs or EEDs that would otherwise be disposed of or 
26discarded are instead collected, separated, or processed and 
 
 
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1are returned to the economic mainstream in the form of raw 
2materials or products. "Recycling" includes the collection, 
3transportation, dismantling, and shredding of the CEDs or EEDs.
4 "Recycling coordinator" means the person designated by 
5each county waste management plan to administer the county 
6recycling program, as set forth in the Solid Waste Management 
7Act. 
8 "Refurbisher" means any person who processes CEDs or EEDs 
9for reuse, but does not include telecommunications carriers, 
10telecommunications manufacturers, or commercial mobile service 
11providers with an existing recycling program.
12 "Residence" means a dwelling place or home in which one or 
13more individuals live.
14 "Retailer" means a person who sells, rents, or leases, 
15through sales outlets, catalogues, or the Internet, computers, 
16computer monitors, printers, or televisions, electronic 
17keyboards, facsimile machines, videocassette recorders, 
18portable digital music players, digital video disc players, 
19video game consoles, electronic mice, scanners, digital 
20converter boxes, cable receivers, satellite receivers, digital 
21video disc recorders, or small scale servers at retail to 
22individuals in this State. For purposes of this Act, sales to 
23individuals at retail are considered to be sales for 
24residential use. "Retailer" includes, but is not limited to, 
25manufacturers who sell computers, computer monitors, printers, 
26or televisions, electronic keyboards, facsimile machines, 
 
 
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1videocassette recorders, portable digital music players, 
2digital video disc players, video game consoles, electronic 
3mice, scanners, digital converter boxes, cable receivers, 
4satellite receivers, digital video disc recorders, or 
5small-scale servers at retail directly to individuals in this 
6State.
7 "Sale" means any retail transfer of title for consideration 
8of title including, but not limited to, transactions conducted 
9through sales outlets, catalogs, or the Internet or any other 
10similar electronic means but does not mean financing or 
11leasing.
12 "Small-scale server" means a computer that typically uses 
13desktop components in a desktop form designed primarily to 
14serve as a storage host for other computers. To be considered a 
15small-scale server, a computer must: be designed in a pedestal, 
16tower, or other form that is similar to that of a desktop 
17computer so that all data processing, storage, and network 
18interfacing is contained within one box or product; be designed 
19to be operational 24 hours per day and 7 days per week; have 
20very little unscheduled downtime (on the order of hours per 
21year); be capable of operating in a simultaneous multi-user 
22environment serving several users through networked client 
23units; and be designed for an industry accepted operating 
24system for home or low-end server applications. 
25 "Television" means an electronic device (i) containing a 
26cathode-ray tube or flat panel screen the size of which is 
 
 
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1greater than 4 inches when measured diagonally, (ii) that is 
2intended to receive video programming via broadcast, cable, or 
3satellite transmission or to receive video from surveillance or 
4other similar cameras, and (iii) that is used only in a 
5residence.

6 "Underserved counties" means those counties so identified 
7in Section 60. 
8(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)

9 (415 ILCS 150/15)

10 Sec. 15. Statewide recycling and reuse goals for all 
11covered electronic devices. 
12 (a) For program year 2010, the statewide recycling or reuse 
13goal for all CEDs is the product of: (i) the latest population 
14estimate for the State, as published on the U.S. Census 
15Bureau's website on January 1, 2010; multiplied by (ii) 2.5 
16pounds per capita.
17 (b) For program year 2011, the statewide recycling or reuse 
18goal for all CEDs is the product of: (i) the 2010 base weight; 
19multiplied by (ii) the 2010 goal attainment percentage.
20 For the purposes of this subsection (b):
21 The "2010 base weight" means the greater of: (i) twice the 
22total weight of all CEDs that were recycled or processed for 
23reuse between January 1, 2010 and June 30, 2010 as reported to 
24the Agency under subsection (i) or (j) of Section 30; or (ii) 
25twice the total weight of all CEDs that were recycled or 
 
 
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1processed for reuse between January 1, 2010 and June 30, 2010 
2as reported to the Agency under subsection (c) of Section 55.
3 The "2010 goal attainment percentage" means:
4  (1) 90% if the 2010 base weight is less than 90% of the 
5 statewide recycling or reuse goal for program year 2010;
6  (2) 95% if the 2010 base weight is 90% or greater, but 
7 does not exceed 95%, of the statewide recycling or reuse 
8 goal for program year 2010;
9  (3) 100% if the 2010 base weight is 95% or greater, but 
10 does not exceed 105%, of the statewide recycling or reuse 
11 goal for program year 2010;
12  (4) 105% if the 2010 base weight is 105% or greater, 
13 but does not exceed 110%, of the statewide recycling or 
14 reuse goal for program year 2010; and
15  (5) 110% if the 2010 base weight is 110% or greater of 
16 the statewide recycling or reuse goal for program year 
17 2010.
18 (c) For program year years 2012 and for each of the 
19following categories of electronic devices, each manufacturer 
20shall recycle or reuse at least 40% of the total weight of the 
21electronic devices that the manufacturer sold in that category 
22in Illinois during the calendar year beginning January 1, 2010: 
23computers, monitors, televisions, printers, electric 
24keyboards, facsimile machines, video cassette recorders, 
25portable digital music players, digital video disc players, 
26video game consoles, electronic mice, scanners, digital 
 
 
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1converter boxes, cable receivers, satellite receivers, digital 
2video disc recorders, and small scale servers. To determine the 
3manufacturer's annual recycling or reuse goal, the 
4manufacturer shall use its own Illinois sales data or its own 
5national sales data proportioned to Illinois' share of the U.S. 
6population, based on the U.S. Census population estimate for 
72009.
8 (c-5) For program year 2013 and thereafter and for each of 
9the following categories of electronic devices, each 
10manufacturer shall recycle or reuse at least 50% of the total 
11weight of the electronic devices that the manufacturer sold in 
12that category in Illinois during the calendar year 2 years 
13before the applicable program year: computers, monitors, 
14televisions, printers, electric keyboards, facsimile machines, 
15video cassette recorders, portable digital music players, 
16digital video disc players, video game consoles, electronic 
17mice, scanners, digital converter boxes, cable receivers, 
18satellite receivers, digital video disc recorders, and small 
19scale servers. To determine the manufacturer's annual 
20recycling or reuse goal, the manufacturer shall use its own 
21Illinois sales data or its own national sales data proportioned 
22to Illinois' share of the U.S. population, based on the most 
23recent U.S. Census data. and thereafter, the statewide 
24recycling or reuse goal for all CEDs is the product of: (i) the 
25base weight; multiplied by (ii) the goal attainment percentage.
26 For the purposes of this subsection (c):
 
 
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1 The "base weight" means the greater of: (i) the total 
2weight of all CEDs recycled or processed for reuse during the 
3previous program year as reported to the Agency under 
4subsection (k) or (l) of Section 30; or (ii) the total weight 
5of all CEDs recycled or processed for reuse during the previous 
6program year as reported to the Agency under subsection (d) of 
7Section 55.
8 The "goal attainment percentage" means:
9  (1) 90% if the base weight is less than 90% of the 
10 statewide recycling or reuse goal for the previous program 
11 year;
12  (2) 95% if the base weight is 90% or greater, but does 
13 not exceed 95%, of the statewide recycling or reuse goal 
14 for the previous program year;
15  (3) 100% if the base weight is 95% or greater, but does 
16 not exceed 105%, of the statewide recycling or reuse goal 
17 for the previous program year;
18  (4) 105% if the base weight is 105% or greater, but 
19 does not exceed 110%, of the statewide recycling or reuse 
20 goal for the previous program year; and
21  (5) 110% if the base weight is 110% or greater of the 
22 statewide recycling or reuse goal for the previous program 
23 year.

24(Source: P.A. 95-959, eff. 9-17-08.)

25 (415 ILCS 150/20)

 
 
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1 Sec. 20. Agency responsibilities. 
2 (a) The Agency has the authority to monitor compliance with 
3this Act, enforce violations of the Act by administrative 
4citation, and to refer violations of this Act to the Attorney 
5General.
6 (b) No later than October 1 of each program year, the 
7Agency shall post on its website a list of underserved counties 
8in the State for the next program year. The list of underserved 
9counties for program years 2010 and 2011 the first program year 
10is set forth in subsection (a) of Section 60.
11 (c) From By July 1, 2009 until December 31, 2015, the 
12Agency shall implement a county and municipal government 
13education campaign to inform those entities about this Act and 
14the implications on solid waste collection in their localities.
15 (c-5) No later than February 1, 2012 and every February 1 
16thereafter, the Agency shall use a portion of the manufacturer, 
17recycler, and refurbisher registration fees to provide a $2,000 
18grant to the recycling coordinator in each county of the State 
19in order to inform residents in each county about this Act and 
20opportunities to recycle CEDs and EEDs. The recycling 
21coordinator shall expend the $2,000 grant before December 31 of 
22the program year in which the grant is received. The recycling 
23coordinator shall maintain records that document the use of the 
24grant funds.
25 (c-10) By June 15, 2012 and by December 15, 2012, and by 
26every June 15 and December 15 thereafter through December 15, 
 
 
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12015, the Agency shall meet with associations that represent 
2Illinois retail merchants twice each year to discuss compliance 
3with Section 40.
4 (c-15) By December 15, 2012 and each December 15 
5thereafter, the Agency shall post on its website: (i) the 
6mailing address of each collection site at which collectors 
7collected CEDs during the program year and (ii) the amount in 
8pounds of each CED collected at the collection site during the 
9program year.
10 (d) By July 1, 2011 for the first program year, and by May 
1115 April 1 for all subsequent program years, the Agency shall 
12report to the Governor and to the General Assembly annually on 
13the previous program year's performance. The report must be 
14posted on the Agency's website. The report must include, but 
15not 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 
 
 
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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 
 
 
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1 penalty provisions included in this Act.
2 (e) The Agency shall post on its website: (1) a list of 
3manufacturers that have paid the current year's registration 
4fee as set forth in subsection (b) of Section 30; (2) a list of 
5manufacturers that failed to pay the current year's 
6registration fee as set forth in subsection (b) of Section 30; 
7and (3) Section 30(b) and (2) a list of registered collectors, 
8the addresses of their collection sites, their business 
9telephone numbers, and a link to their websites. to whom 
10Illinois residents can bring CEDs and EEDs for recycling or 
11processing for reuse, including links to the collectors' 
12websites and the collectors' phone numbers.
13 (f) In program years 2012, 2013, and 2014, and at its 
14discretion thereafter, the Agency shall convene and host an 
15Electronic Products Recycling Conference. The Agency may host 
16the conferences alone or with other public entities or with 
17organizations associated with electronic products recycling.
18 (g) No later than October 1 of each program year, the 
19Agency must post on its website the following information for 
20the next program year: (i) the individual recycling and reuse 
21goals for each manufacturer, as set forth in subsections (c) 
22and (c-5) of Section 15, as applicable, and (ii) the total 
23statewide recycling goal, determined by adding each individual 
24manufacturer's annual goal. 
25  (1) The overall statewide recycling and reuse goal for 
26 CEDs, as well as the sub-goals for televisions, and 
 
 
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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 
9years, the Agency shall award recognize those manufacturers 
10that have met or exceeded their recycling or reuse goals for 
11the previous program year with . Such recognition shall be the 
12awarding to all such manufacturers of an Electronic Industry 
13Recycling Award. The award shall acknowledge that the 
14manufacturer has met or exceeded its recycling goals and shall 
15be posted , which shall be recognized on the Agency website and 
16in other media as appropriate.
17 (i) By March 1, 2011, and by March 1 of each subsequent 
18year, the Agency shall post on its website a list of registered 
19manufacturers that have not met their annual recycling and 
20reuse goal for the previous program year.

21 (j) By July 1, 2015 2012, the Agency shall solicit written 
22comments regarding all aspects of the program codified in this 
23Act, for the purpose of determining if the program requires any 
24modifications.
25  (1) Issues to be reviewed by the Agency are, but not 
26 limited to, the following:
 
 
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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 rescissions recissions of county 
8 landfill bans granted by the Illinois Pollution 
9 Control Board 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 
 
 
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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 
5administrative citation. Whenever the Agency personnel or 
6county personnel to whom the Agency has delegated the authority 
7to monitor compliance with this Act shall, on the basis of 
8direct observation, determine that any person has violated any 
9provision of this Act, the Agency or county personnel may issue 
10and serve, within 60 days after the observed violation, an 
11administrative citation upon that person or the entity 
12employing that person. Each citation shall be served upon the 
13person named or the person's authorized agent for service of 
14process 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 
26fails to petition the Illinois Pollution Control Board for 
 
 
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1review within 35 days after the date of service, the Board 
2shall adopt a final order, which shall include the 
3administrative citation and findings of violation as alleged in 
4the citation and shall impose the penalty specified in Section 
580.
6 (m) If a petition for review is filed with the Board to 
7contest an administrative citation issued under this Section, 
8the Agency or unit of local government shall appear as a 
9complainant at a hearing before the Board to be conducted 
10pursuant to subsection (n) of this Section at a time not less 
11than 21 days after notice of the hearing has been sent by the 
12Board to the Agency or unit of local government and the person 
13named in the citation. In those hearings, the burden of proof 
14shall be on the Agency or unit of local government. If, based 
15on the record, the Board finds that the alleged violation 
16occurred, it shall adopt a final order, which shall include the 
17administrative citation and findings of violation as alleged in 
18the citation, and shall impose the penalty specified in Section 
1980 of this Act. However, if the Board finds that the person 
20appealing the citation has shown that the violation resulted 
21from uncontrollable circumstances, the Board shall adopt a 
22final order that makes no finding of violation and imposes no 
23penalty.
24 (n) All hearings under this Act shall be held before a 
25qualified hearing officer, who may be attended by one or more 
26members of the Board, designated by the Chairman. All of these 
 
 
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1hearings shall be open to the public, and any person may submit 
2written statements to the Board in connection with the subject 
3of these hearings. In addition, the Board may permit any person 
4to offer oral testimony.
Any party to a hearing under this 
5subsection may be represented by counsel, make oral or written 
6argument, offer testimony, cross-examine witnesses, or take 
7any combination of those actions. All testimony taken before 
8the Board shall be recorded stenographically. The transcript so 
9recorded and any additional matter accepted for the record 
10shall be open to public inspection, and copies of those 
11materials shall be made available to any person upon payment of 
12the actual cost of reproducing the original. 
13 (o) Counties that have entered into a delegation agreement 
14with the Agency pursuant to subsection (r) of Section 4 of the 
15Illinois Environmental Protection Act for the purpose of 
16conducting inspection, investigation, or enforcement-related 
17functions may conduct inspections for noncompliance with this 
18Act. 
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 
23by October 1 for program year 2011 and each program year 
24thereafter, manufacturers who sell whose computers, computer 
25monitors, printers, or televisions, electronic keyboards, 
 
 
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1facsimile machines, videocassette recorders, portable digital 
2music players, digital video disc players, video game consoles, 
3electronic mice, scanners, digital converter boxes, cable 
4receivers, satellite receivers, digital video disc recorders, 
5or small-scale servers are sold in this State must register 
6with the Agency. The registration must be submitted in the form 
7and manner required by the Agency. The registration must 
8include, without limitation, all of the following:
9  (1) a list of all of the manufacturer's brands of 
10 computers, computer monitors, printers, or televisions, 
11 electronic keyboards, facsimile machines, videocassette 
12 recorders, portable digital music players, digital video 
13 disc players, video game consoles, electronic mice, 
14 scanners, digital converter boxes, cable receivers, 
15 satellite receivers, digital video disc recorders, and 
16 small scale servers to be offered for sale in the next 
17 program year;  
18  (2) (blank) for manufacturers of both televisions and 
19 computers, computer monitors, or printers, an 
20 identification of whether, for residential use, (i) 
21 televisions or (ii) computers, computer monitors, and 
22 printers, represent the larger number of units sold for the 
23 manufacturer; and
24  (3) a statement disclosing whether: (A) any of the 
25 manufacturer's computers, computer monitors, printers, 
26 televisions, electronic keyboards, facsimile machines, 
 
 
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1 videocassette recorders, portable digital music players, 
2 digital video disc players, video game consoles, 
3 electronic mice, scanners, digital converter boxes, cable 
4 receivers, satellite receivers, digital video disc 
5 recorders, or small scale servers computer, computer 
6 monitor, printer, or television sold in this State exceed 
7 exceeds the maximum concentration values established for 
8 lead, mercury, cadmium, hexavalent chromium, 
9 polybrominated biphenyls (PBBs), and polybrominated 
10 diphenyl ethers (PBDEEs) under the RoHS (restricting the 
11 use of certain hazardous substances in electrical and 
12 electronic equipment) Directive 2002/95/EC of the European 
13 Parliament and Council and any amendments thereto and, if 
14 so, an identification of the aforementioned electronic 
15 device that exceeds the directive that computer, computer 
16 monitor, printer, or television; or (B) the manufacturer 
17 has received an exemption from one or more of those maximum 
18 concentration values under the RoHS Directive that has been 
19 approved and published by the European Commission.
20 If, during the program year, any of the a manufacturer's 
21aforementioned electronic devices are computer, computer 
22monitor, printer, or television is sold or offered for sale in 
23Illinois under a new brand that is not listed in the 
24manufacturer's registration, then, within 30 days after the 
25first sale or offer for sale under the new brand, the 
26manufacturer must amend its registration to add the new brand.
 
 
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1 (b) Prior to July 1, 2009 for the first program year, and 
2by the November 1 preceding program years 2011 and later, all 
3manufacturers whose computers, computer monitors, printers, or 
4televisions, electronic keyboards, facsimile machines, 
5videocassette recorders, portable digital music players, 
6digital video disc players, video game consoles, electronic 
7mice, scanners, digital converter boxes, cable receivers, 
8satellite receivers, digital video disc recorders, or small 
9scale servers are offered for sale sold in the State shall 
10submit to the Agency, at an address prescribed by the Agency, 
11the registration fee for the next program year. The 
12registration fee for program year 2010 is $5,000. The 
13registration fee for program year 2011 is $5,000, increased by 
14the applicable inflation factor as described below. In program 
15year 2012, if, in program year 2011, a manufacturer sold 250 or 
16fewer of the aforementioned electronic devices in the State, 
17then the registration fee for that manufacturer is $1,250. In 
18each program year after 2012, if, in the preceding program 
19year, a manufacturer sold 250 or fewer of the aforementioned 
20electronic devices in the State, then the registration fee is 
21the fee that applied in the previous year to manufacturers that 
22sold that number of the aforementioned electronic devices, 
23increased by the applicable inflation factor as described 
24below. In program year 2012, if, in the preceding program year 
25a manufacturer sold 251 or more of the aforementioned 
26electronic devices in the State, then the registration fee for 
 
 
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1that manufacturer is $5,000. In each program year after 2012, 
2if, in the preceding program year, a manufacturer sold 251 or 
3more of the aforementioned electronic devices in the State, 
4then the registration fee is the fee that applied in the 
5previous year to manufacturers that sold that number of the 
6aforementioned electronic devices, increased by the applicable 
7inflation factor as described below. For program year years 
82011, program year 2013, and each program year thereafter 
9later, the applicable registration fee is increased each year 
10by an inflation factor determined by the annual Implicit Price 
11Deflator for Gross National Product, as published by the U.S. 
12Department of Commerce in its Survey of Current Business. The 
13inflation factor must be calculated each year by dividing the 
14latest published annual Implicit Price Deflator for Gross 
15National Product by the annual Implicit Price Deflator for 
16Gross National Product for the previous year. The inflation 
17factor must be rounded to the nearest 1/100th, and the 
18resulting registration fee must be rounded to the nearest whole 
19dollar. No later than October 1 of each program year, the 
20Agency shall post on its website the registration fee for the 
21next program year.
22 (c) A manufacturer whose computers, computer monitors, 
23printers, or televisions, electronic keyboards, facsimile 
24machines, videocassette recorders, portable digital music 
25players, digital video disc players, video game consoles, 
26electronic mice, scanners, digital converter boxes, cable 
 
 
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1receivers, satellite receivers, digital video disc recorders, 
2or small scale servers are first sold or offered for sale in 
3this State on or after January 1 of a program year must 
4register with the Agency within 30 days after the first sale or 
5offer for sale in accordance with subsection (a) of this 
6Section and submit the registration fee required under 
7subsection (b) of this Section prior to the aforementioned 
8electronic devices manufacturer's computers, computer 
9monitors, printers, or televisions being sold or offered for 
10sale.
11 (d) Each manufacturer shall recycle or process for reuse 
12CEDs and EEDs whose total weight equals or exceeds the 
13manufacturer's individual recycling and reuse goal set forth in 
14Section 15 Section 19 of this Act. Individual consumers shall 
15may not be charged a an end-of-life fee when bringing their 
16CEDs and EEDs to permanent or temporary collection locations, 
17unless a financial incentive of equal or greater value, such as 
18a coupon, is provided. Collectors may charge a fee for premium 
19services such as curbside collection, home pick-up, or a 
20similar method of collection.
21 When determining whether a manufacturer has met or exceeded 
22its individual recycling and reuse goal set forth in Section 15 
23Section 19 of this Act, all of the following adjustments must 
24be made:
25  (1) The total weight of CEDs processed for reuse by the 
26 manufacturer, its recyclers, or its refurbishers for reuse 
 
 
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1 is doubled.
2  (2) The total weight of CEDs is tripled if they are 
3 donated for reuse by the manufacturer to a primary or 
4 secondary public education institution the majority of 
5 whose students are considered low income or 
6 developmentally disabled or to a not-for-profit entity 
7 that is established under Section 501(c)(3) of the Internal 
8 Revenue Code of 1986 and whose principal mission is to 
9 assist low-income children or families or to assist the 
10 developmentally disabled in Illinois. This subsection 
11 applies only to CEDs for which the manufacturer has 
12 received a written confirmation that the recipient has 
13 accepted the donation. Copies of all written confirmations 
14 must be submitted in the annual report required under 
15 Section 30.
16  (3) The total weight of CEDs collected by manufacturers 
17 free of charge in underserved counties is doubled. This 
18 subsection applies only to CEDs that are documented by 
19 collectors as being collected or received free of charge in 
20 underserved counties. This documentation must include, 
21 without limitation, the date and location of collection or 
22 receipt, the weight of the CEDs collected or received, and 
23 an acknowledgement by the collector that the CEDs were 
24 collected or received free of charge. Copies of the 
25 documentation must be submitted in the annual report 
26 required under subsection (h), (i), (j), (k), or (l) of 
 
 
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1 Section 30.
2  (4) If an entity (i) collects, recycles, or refurbishes 
3 CEDs for a manufacturer, (ii) qualifies for non-profit 
4 status under Section 501(c)(3) of the Internal Revenue Code 
5 of 1986, and (iii) at least 75% of its employees are 
6 developmentally disabled, then the total weight of CEDs 
7 will be tripled. A manufacturer that uses such a recycler 
8 or refurbisher shall submit documentation in the annual 
9 report required under Section 30 identifying the name, 
10 location, and length of service of the entity that 
11 qualifies for credit under this subsection. 
12 (e) (Blank). Manufacturers of computers, computer 
13monitors, or printers, either individually or collectively, 
14shall hire an independent third-party auditor to perform 
15statistically significant return share samples of CEDs 
16received by recyclers and refurbishers for recycling or 
17processing for reuse. Each third-party auditor shall perform a 
18return share sample of CEDs for at least one 8-hour period, 
19once a quarter during the program year at the facility of each 
20registered recycler and refurbisher under contract with the 
21manufacturer or group of manufacturers that has hired the 
22auditor. The audit shall contain the following data:
23  (1) the number and weight of CEDs, sorted by brand name 
24 and product type, including a category for orphan CEDs;
25  (2) the total weight of the sample by product type;
26  (3) the date, location, and time of the sampling;
 
 
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1  (4) the name or names of the manufacturer for whom the 
2 recycler is performing activities under this Act; and
3  (5) a certification by the third-party auditor that the 
4 sampling is statistically significant and, if not, an 
5 explanation as to what occurred to render the sampling 
6 insignificant.
7 The manufacturer shall notify the Agency 30 days prior to 
8the third-party auditor's return share sampling by providing 
9the Agency with the time and date on which the third-party 
10auditor will perform the return share sample. The Agency may, 
11at its discretion, be present at any sampling event and may 
12audit the methodology and the results of the third-party 
13auditor.
14 No less than 30 days after the close of each calendar 
15quarter, the manufacturer shall submit to the Agency the 
16results of the third-party samplings conducted during the 
17quarter. The results shall be submitted in the form and manner 
18required by the Agency.
19 (f) Manufacturers shall ensure that only recyclers and 
20refurbishers that have registered with the Agency are used to 
21meet the individual recycling and reuse goals set forth in this 
22Act.
23 (g) Manufacturers shall ensure that the recyclers and 
24refurbishers used to meet the individual recycling and reuse 
25goals set forth in this Act shall, at a minimum, comply with 
26the standards set forth under subsection (d) of Section 50 of 
 
 
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1this Act. By November 1, 2011 and every November 1 thereafter, 
2manufacturers shall submit a document, as prescribed by the 
3Agency, listing each registered recycler and refurbisher that 
4will be used to meet the manufacturer's annual CED recycling 
5and reuse goal and certifying that those recyclers or 
6refurbishers comply with the standards set forth in subsection 
7(d) of Section 50. 
8 (h) By September 1, 2012 and every September 1 thereafter 
9August 15, 2009, television manufacturers of computers, 
10computer monitors, printers, televisions, electronic 
11keyboards, facsimile machines, videocassette recorders, 
12portable digital music players, digital video disc players, 
13video game consoles, electronic mice, scanners, digital 
14converter boxes, cable receivers, satellite receivers, digital 
15video disc recorders, or small scale servers shall submit to 
16the Agency, in the form and manner required by the Agency, a 
17report that contains the total weight of the aforementioned 
18electronic devices televisions sold under each of the 
19manufacturer's brands to individuals at retail in this State as 
20calculated under subsection (c) and (c-5) of Section 15, as 
21applicable. Each manufacturer shall indicate on the report 
22whether the total weight of the aforementioned electronic 
23devices was derived from its own sales records or national 
24sales data. If a manufacturer's weight for aforementioned 
25electronic devices is derived from national sales data, the 
26manufacturer shall indicate the source of the sales data. , as 
 
 
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1set forth in the reports to manufacturers by retailers under 
2subsection (c) of Section 40.
3 (i) (Blank). No later than September 1, 2010, television 
4manufacturers must submit to the Agency, in the form and manner 
5required by the Agency, a report for the period January 1, 2010 
6through June 30, 2010 that contains both of the following:
7  (1) The total weight of televisions sold under each of 
8 the manufacturer's brands to individuals at retail in this 
9 State, from one of the following 2 sources, with the 
10 manufacturer indicating in the report which of the 2 data 
11 sources was used, and, if a national sales data report was 
12 used, the name of the national sales data source:
13   (A) the manufacturer's own sales reports; or
14   (B) national sales data reports obtained by the 
15 manufacturer and pro-rated to Illinois by multiplying 
16 the weight of the manufacturer's televisions sold 
17 nationally by the quotient that results from dividing 
18 the population of Illinois by the population of the 
19 United States. The population of Illinois and the 
20 United States shall be obtained using the most recent 
21 U.S. census data.
22  (2) The total weight of computers, the total weight of 
23 computer monitors, the total weight of printers, the total 
24 weight of televisions, and the total weight of EEDs 
25 recycled or processed for reuse.
26 (j) (Blank). By August 15, 2010, computer, computer 
 
 
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1monitor, and printer manufacturers shall submit to the Agency, 
2on forms and in a format prescribed by the Agency, a report for 
3the period January 1, 2010 through June 30, 2010 that contains 
4the total weight of computers, the total weight of computer 
5monitors, the total weight of printers, the total weight of 
6televisions, and the total weight of EEDs, recycled or 
7processed for reuse.
8 (k) (Blank). No later than April 1 of program years 2011 
9and thereafter, television manufacturers shall submit to the 
10Agency, in the form and manner required by the Agency, a report 
11that contains all of the following information for the previous 
12program year:
13  (1) The total weight of televisions sold under each of 
14 the manufacturer's brands to individuals at retail in this 
15 State, from one of the following 2 sources, with the 
16 manufacturer indicating in the report which of the two data 
17 sources was used, and, if a national sales data report was 
18 used, the name of the national sales data source:
19   (a) the manufacturer's own sales reports; or
20   (b) national sales data reports obtained by the 
21 manufacturer and pro-rated to Illinois by multiplying 
22 the weight of the manufacturer's televisions sold 
23 nationally by the quotient that results from dividing 
24 the population of Illinois by the population of the 
25 United States. The population of Illinois and the 
26 United States shall be obtained using the most recent 
 
 
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1 U.S. census data.
2  (2) The total weight of computers, the total weight of 
3 computer monitors, the total weight of printers, the total 
4 weight of televisions, and the total weight of EEDs 
5 recycled or processed for reuse.
6  (3) The identification of all weights that are adjusted 
7 under subsection (d) of this Section. For all weights 
8 adjusted under item (2) of subsection (d), the manufacturer 
9 must include copies of the written confirmation required 
10 under that subsection.
11  (4) A list of each recycler, refurbisher, and collector 
12 used by the manufacturer to fulfill the manufacturer's 
13 individual recycling and reuse goal set forth in Section 19 
14 of this Act.
15  (5) A summary of the manufacturer's consumer education 
16 program required under subsection (m) of this Section.
17 (l) On or before January 31, 2013 and on or before every 
18January 31 No later than April 1 of program years 2011 and 
19thereafter, computer, computer monitor, and printer 
20manufacturers of computers, computer monitors, printers, 
21televisions, electronic keyboards, facsimile machines, 
22videocassette recorders, portable digital music players, 
23digital video disc players, video game consoles, electronic 
24mice, scanners, digital converter boxes, cable receivers, 
25satellite receivers, digital video disc recorders, and small 
26scale servers shall submit to the Agency, on forms and in a 
 
 
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1format prescribed by the Agency, a report that contains all of 
2the following information for the previous program year:
3  (1) The the total weight of computers, the total weight 
4 of computer monitors, the total weight of printers, the 
5 total weight of televisions, the total weight of electronic 
6 keyboards, the total weight of facsimile machines, the 
7 total weight of videocassette recorders, the total weight 
8 of portable digital music players, the total weight of 
9 digital video disc players, the total weight of video game 
10 consoles players, the total weight of electronic mice, the 
11 total weight of scanners, the total weight of digital 
12 converter boxes, the total weight of cable receivers, the 
13 total weight of satellite receivers, the total weight of 
14 digital video disc recorders, the total weight of small 
15 scale servers, and the total weight of EEDs recycled or 
16 processed for reuse. ;
17  (2) The the identification of all weights that are 
18 adjusted under subsection (d) of this Section. For all 
19 weights adjusted under item (2) of subsection (d), the 
20 manufacturer must include copies of the written 
21 confirmation required under that subsection. ;
22  (3) A a list of each recycler, refurbisher, and 
23 collector used by the manufacturer to fulfill the 
24 manufacturer's individual recycling and reuse goal set 
25 forth in subsections subsection (c) and (c-5) of Section 15 
26 of this Act. ; and
 
 
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1  (4) A a summary of the manufacturer's consumer 
2 education program required under subsection (m) of this 
3 Section. 
4 (m) Manufacturers must develop and maintain a consumer 
5education program that complements and corresponds to the 
6primary retailer-driven campaign required under Section 40 of 
7this Act. The education program shall promote the recycling of 
8electronic products and proper end-of-life management of the 
9products by consumers.
10 (n) Beginning January 1, 2012 2010, no manufacturer may 
11sell a computer, computer monitor, printer, or television, 
12electronic keyboard, facsimile machine, videocassette 
13recorder, portable digital music player, digital video disc 
14player, video game console, electronic mouse, scanner, digital 
15converter box, cable receiver, satellite receiver, digital 
16video disc recorder, or small scale server in this State unless 
17the manufacturer is registered with the State as required under 
18this Act, has paid the required registration fee, and is 
19otherwise in compliance with the provisions of this Act.
20 (o) Beginning January 1, 2012 2010, no manufacturer may 
21sell a computer, computer monitor, printer, or television, 
22electronic keyboard, facsimile machine, videocassette 
23recorder, portable digital music player, digital video disc 
24player, video game console, electronic mouse, scanner, digital 
25converter box, cable receiver, satellite receiver, digital 
26video disc recorder, or small scale server in this State unless 
 
 
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1the manufacturer's brand name is permanently affixed to, and is 
2readily visible on, the computer, computer monitor, printer, or 
3television. 
4(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)

5 (415 ILCS 150/50)

6 Sec. 50. Recycler and refurbisher registration. 
7 (a) Prior to January 1 of each program year, each recycler 
8and refurbisher must register with the Agency and submit a 
9registration fee pursuant to subsection (b) for that program 
10year. Registration must be on forms and in a format prescribed 
11by the Agency and shall include, but not be limited to, the 
12address of each location where the recycler or refurbisher 
13manages CEDs or EEDs and identification of each location at 
14which the recycler or refurbisher accepts CEDs or EEDs from a 
15residence.
16 (b) The registration fee for program year 2010 is $2,000. 
17For program year 2011, if a recycler's or refurbisher's annual 
18combined total weight of CEDs and EEDs is less than 1,000 tons 
19per year, the registration fee shall be $500. For program year 
202012 and for all subsequent program years, both registration 
21fees shall be increased each year by an inflation factor 
22determined by the annual Implicit Price Deflator for Gross 
23National Product as published by the U.S. Department of 
24Commerce in its Survey of Current Business. The inflation 
25factor must be calculated each year by dividing the latest 
 
 
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1published annual Implicit Price Deflator for Gross National 
2Product by the annual Implicit Price Deflator for Gross 
3National Product for the previous year. The inflation factor 
4must be rounded to the nearest 1/100th, and the resulting 
5registration fee must be rounded to the nearest whole dollar. 
6No later than October 1 of each program year, the Agency shall 
7post on its website the registration fee for the next program 
8year.
9 (c) No person may act as a recycler or a refurbisher of 
10CEDs for a manufacturer obligated to meet goals under this Act 
11unless the recycler or refurbisher is registered and has paid 
12the registration fee as required under this Section. Neither a 
13registered recycler nor a refurbisher may charge individual 
14consumers a fee to recycle or refurbish CEDs and EEDs, unless 
15the recycler or refurbisher provides (i) a financial incentive, 
16such as a coupon, that is of greater or equal value to the fee 
17being charged or (ii) premium service, such as curbside 
18collection, home pick-up, or a similar method of collection. 
19 (d) Recyclers and refurbishers must, at a minimum, comply 
20with all of the following:
21  (1) Recyclers and refurbishers must comply with 
22 federal, State, and local laws and regulations, including 
23 federal and State minimum wage laws, specifically relevant 
24 to the handling, processing, refurbishing and recycling of 
25 residential CEDs and must have proper authorization by all 
26 appropriate governing authorities to perform the handling, 
 
 
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1 processing, refurbishment, and recycling.
2  (2) Recyclers and refurbishers must implement the 
3 appropriate measures to safeguard occupational and 
4 environmental health and safety, through the following:
5   (A) environmental health and safety training of 
6 personnel, including training with regard to material 
7 and equipment handling, worker exposure, controlling 
8 releases, and safety and emergency procedures;
9   (B) an up-to-date, written plan for the 
10 identification and management of hazardous materials; 
11 and
12   (C) an up-to-date, written plan for reporting and 
13 responding to exceptional pollutant releases, 
14 including emergencies such as accidents, spills, 
15 fires, and explosions.
16  (3) Recyclers and refurbishers must maintain (i) 
17 commercial general liability insurance or the equivalent 
18 corporate guarantee for accidents and other emergencies 
19 with limits of not less than $1,000,000 per occurrence and 
20 $1,000,000 aggregate and (ii) pollution legal liability 
21 insurance with limits not less than $1,000,000 per 
22 occurrence for companies engaged solely in the dismantling 
23 activities and $5,000,000 per occurrence for companies 
24 engaged in recycling.
25  (4) Recyclers and refurbishers must maintain on file 
26 documentation that demonstrates the completion of an 
 
 
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1 environmental health and safety audit completed and 
2 certified by a competent internal and external auditor 
3 annually. A competent auditor is an individual who, through 
4 professional training or work experience, is appropriately 
5 qualified to evaluate the environmental health and safety 
6 conditions, practices, and procedures of the facility. 
7 Documentation of auditors' qualifications must be 
8 available for inspection by Agency officials and 
9 third-party auditors.
10  (5) Recyclers and refurbishers must maintain on file 
11 proof of workers' compensation and employers' liability 
12 insurance.
13  (6) Recyclers and refurbishers must provide adequate 
14 assurance (such as bonds or corporate guarantee) to cover 
15 environmental and other costs of the closure of the 
16 recycler or refurbisher's facility, including cleanup of 
17 stockpiled equipment and materials.
18  (7) Recyclers and refurbishers must apply due 
19 diligence principles to the selection of facilities to 
20 which components and materials (such as plastics, metals, 
21 and circuit boards) from CEDs and EEDs are sent for reuse 
22 and recycling.
23  (8) Recyclers and refurbishers must establish a 
24 documented environmental management system that is 
25 appropriate in level of detail and documentation to the 
26 scale and function of the facility, including documented 
 
 
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1 regular self-audits or inspections of the recycler or 
2 refurbisher's environmental compliance at the facility.
3  (9) Recyclers and refurbishers must use the 
4 appropriate equipment for the proper processing of 
5 incoming materials as well as controlling environmental 
6 releases to the environment. The dismantling operations 
7 and storage of CED and EED components that contain 
8 hazardous substances must be conducted indoors and over 
9 impervious floors. Storage areas must be adequate to hold 
10 all processed and unprocessed inventory. When heat is used 
11 to soften solder and when CED and EED components are 
12 shredded, operations must be designed to control indoor and 
13 outdoor hazardous air emissions.
14  (10) Recyclers and refurbishers must establish a 
15 system for identifying and properly managing components 
16 (such as circuit boards, batteries, CRTs, and mercury 
17 phosphor lamps) that are removed from CEDs and EEDs during 
18 disassembly. Recyclers and refurbishers must properly 
19 manage all hazardous and other components requiring 
20 special handling from CEDs and EEDs consistent with 
21 federal, State, and local laws and regulations. Recyclers 
22 and refurbishers must provide visible tracking (such as 
23 hazardous waste manifests or bills of lading) of hazardous 
24 components and materials from the facility to the 
25 destination facilities and documentation (such as 
26 contracts) stating how the destination facility processes 
 
 
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1 the materials received. No recycler or refurbisher may 
2 send, either directly or through intermediaries, hazardous 
3 wastes to solid waste (non-hazardous waste) landfills or to 
4 non-hazardous waste incinerators for disposal or energy 
5 recovery. For the purpose of these guidelines, smelting of 
6 hazardous wastes to recover metals for reuse in conformance 
7 with all applicable laws and regulations is not considered 
8 disposal or energy recovery.
9  (11) Recyclers and refurbishers must use a regularly 
10 implemented and documented monitoring and record-keeping 
11 program that tracks inbound CED and EED material weights 
12 (total) and subsequent outbound weights (total to each 
13 destination), injury and illness rates, and compliance 
14 with applicable permit parameters including monitoring of 
15 effluents and emissions. Recyclers and refurbishers must 
16 maintain contracts or other documents, such as sales 
17 receipts, suitable to demonstrate: (i) the reasonable 
18 expectation that there is a downstream market or uses for 
19 designated electronics (which may include recycling or 
20 reclamation processes such as smelting to recover metals 
21 for reuse); and (ii) that any residuals from recycling or 
22 reclamation processes, or both, are properly handled and 
23 managed to maximize reuse and recycling of materials to the 
24 extent practical.
25  (12) Recyclers and refurbishers must comply with 
26 federal and international law and agreements regarding the 
 
 
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1 export of used products or materials. In the case of 
2 exports of CEDs and EEDs, recyclers and refurbishers must 
3 comply with applicable requirements of the U.S. and of the 
4 import and transit countries and must maintain proper 
5 business records documenting its compliance. No recycler 
6 or refurbisher may establish or use intermediaries for the 
7 purpose of circumventing these U.S. import and transit 
8 country requirements.
9  (13) Recyclers and refurbishers that conduct 
10 transactions involving the transboundary shipment of used 
11 CEDs and EEDs shall use contracts (or the equivalent 
12 commercial arrangements) made in advance that detail the 
13 quantity and nature of the materials to be shipped. For the 
14 export of materials to a foreign country (directly or 
15 indirectly through downstream market contractors): (i) the 
16 shipment of intact televisions and computer monitors 
17 destined for reuse must include only whole products that 
18 are tested and certified as being in working order or 
19 requiring only minor repair (e.g. not requiring the 
20 replacement of circuit boards or CRTs), must be destined 
21 for reuse with respect to the original purpose, and the 
22 recipient must have verified a market for the sale or 
23 donation of such product for reuse; (ii) the shipments of 
24 CEDs and EEDs for material recovery must be prepared in a 
25 manner for recycling, including, without limitation, 
26 smelting where metals will be recovered, plastics recovery 
 
 
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1 and glass-to-glass recycling; or (iii) the shipment of CEDs 
2 and EEDs are being exported to companies or facilities that 
3 are owned or controlled by the original equipment 
4 manufacturer.
5  (14) Recyclers and refurbishers must maintain the 
6 following export records for each shipment on file for a 
7 minimum of 3 years: (i) the facility name and the address 
8 to which shipment is exported; (ii) the shipment contents 
9 and volumes; (iii) the intended use of contents by the 
10 destination facility; (iv) any specification required by 
11 the destination facility in relation to shipment contents; 
12 (v) an assurance that all shipments for export, as 
13 applicable to the CED manufacturer, are legal and satisfy 
14 all applicable laws of the destination country.
15  (15) Recyclers and refurbishers must employ 
16 industry-accepted procedures for the destruction or 
17 sanitization of data on hard drives and other data storage 
18 devices. Acceptable guidelines for the destruction or 
19 sanitization of data are contained in the National 
20 Institute of Standards and Technology's Guidelines for 
21 Media Sanitation or those guidelines certified by the 
22 National Association for Information Destruction;
23  (16) No recycler or refurbisher may employ prison labor 
24 in any operation related to the collection, 
25 transportation, recycling, and refurbishment of CEDs and 
26 EEDs. No recycler or refurbisher may employ any third party 
 
 
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1 that uses or subcontracts for the use of prison labor.

2(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)

3 (415 ILCS 150/55)

4 Sec. 55. Collector responsibilities. 
5 (a) No later than January 1 of each program year, 
6collectors that collect or receive CEDs or EEDs for one or more 
7manufacturers, recyclers, or refurbishers shall register with 
8the Agency. Registration must be in the form and manner 
9required by the Agency and must include, without limitation, 
10the address of each location where CEDs or EEDs are received 
11and the identification of each location at which the collector 
12accepts CEDs or EEDs from a residence.
13 (b) Manufacturers, recyclers, refurbishers also acting as 
14collectors shall so indicate on their registration under 
15Section 30 or 50 and not register separately as collectors.
16 (c) No later than August 15, 2010, collectors must submit 
17to the Agency, on forms and in a format prescribed by the 
18Agency, a report for the period from January 1, 2010 through 
19June 30, 2010 that contains the following information: the 
20total weight of computers, the total weight of computer 
21monitors, the total weight of printers, the total weight of 
22televisions, and the total weight of EEDs collected or received 
23for each manufacturer.
24 (d) By January 31 No later than May 1 of each program year, 
25collectors must submit to the Agency, on forms and in a format 
 
 
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1prescribed by the Agency, a report that contains the following 
2information for the previous program year:
3  (1) The the total weight of individual CEDs collected 
4 computers, the total weight of computer monitors, the total 
5 weight of printers, the total weight of televisions, and 
6 the total weight of EEDs collected or received for each 
7 manufacturer during the previous program year.
8  (2) A a list of each recycler and refurbisher that 
9 received CEDs and EEDs from the collector and the total 
10 weight each recycler and refurbisher received.
11  (3) The the address of each collector's facility where 
12 the CEDs and EEDs were collected or received. Each facility 
13 address must include the county in which the facility is 
14 located.
15 (e) Collectors may accept no more than 10 CEDs or EEDs at 
16one time from individual members of the public and, when 
17scheduling collection events, shall provide no fewer than 30 
18days' notice to the county waste agency of those events.

19 (f) No collector of CEDs and EEDs may recycle, or refurbish 
20for reuse or resale, CEDs or EEDs to a third-party unless the 
21collector registers as a recycler or refurbisher pursuant to 
22Section 50 and pays the registration fee pursuant to Section 
2350. 
24(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)

25 (415 ILCS 150/60)

 
 
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1 Sec. 60. Collection strategy for underserved counties. 
2 (a) For program year 2010 and 2011, all counties in this 
3State except the following are considered underserved: 
4Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock, 
5Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston, 
6Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock 
7Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren, 
8Will, Williamson, and Winnebago.
9 (b) For program year 2012 and each program year thereafter 
10underserved counties shall be those counties within the State 
11of Illinois with a population density of 190 persons or less 
12per square mile based on the most recent U.S. Census population 
13estimate. For program years 2011 and later, underserved 
14counties shall be counties in this State that, during the 
15program year 2 years prior, were not served by a minimum of one 
16collection site that (i) accepted all types of CEDs and EEDs 
17and (ii) was open for a minimum of 8 hours on at least one day 
18per month of that program year. For the purposes of this 
19subsection (b), 2009 shall be considered to have been a program 
20year, and for the program year 2012 the determination of 
21whether a county is underserved shall be based on the criteria 
22of this subsection (b) instead of the county's inclusion in the 
23list set forth in subsection (a) of this Section.

24(Source: P.A. 95-959, eff. 9-17-08.)

25 (415 ILCS 150/65)

 
 
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1 Sec. 65. State government procurement. 
2 (a) The Department of Central Management Services shall 
3ensure that all bid specifications and contracts for the 
4purchase or lease of desktop computers, laptop or notebook 
5computers, and computer monitors, by State agencies under a 
6statewide master contract require that the electronic products 
7have a Bronze performance tier or higher registration under the 
8Electronic Product Environmental Assessment Tool ("EPEAT") 
9operated by the Green Electronics Council.
10 (b) The Department of Central Management Services shall 
11ensure that bid specifications and contracts for the purchase 
12or lease of televisions, and printers, electronic keyboards, 
13facsimile machines, videocassette recorders, portable digital 
14music players that have memory capability and are battery 
15powered, digital video disc players, video game consoles, 
16electronic mice, scanners, digital converter boxes, cable or 
17satellite receivers, digital video disc recorders, or 
18small-scale servers by State agencies under a statewide master 
19contract require that those items the televisions have a Bronze 
20performance tier or higher registration under EPEAT if the 
21Department determines that there are an adequate number of 
22those items the televisions or printers registered under EPEAT 
23to provide a sufficiently competitive bidding environment.
24 (c) This Section applies to bid specifications issued, and 
25contracts entered into, on or after January 1, 2010.

26(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)

 
 
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1 (415 ILCS 150/80)

2 Sec. 80. Penalties. 
3 (a) Except as otherwise provided in this Act, any person 
4who violates any provision of this Act or fails to perform any 
5duty under this Act is liable for a civil penalty not to exceed 
6of $7,000 $1,000 for the violation and an additional civil 
7penalty not to exceed $1,000 for each day the violation 
8continues and is liable for a civil penalty not to exceed 
9$5,000 for a second or subsequent violation and an additional 
10civil penalty not to exceed $1,000 for each day the second or 
11subsequent violation continues.
12 (b) A manufacturer that is not registered with the Agency 
13as required under this Act, or that has not paid the 
14registration fee as required under this Act, is liable for a 
15civil penalty not to exceed $10,000 for the violation and an 
16additional civil penalty not to exceed $10,000 for each day the 
17violation continues.
18 (c) A manufacturer in violation of subsection (d) of 
19Section 30 of this Act in program year 2012 or thereafter is 
20liable for a civil penalty equal to the following:
21  (1) In program year 2012, if the total weight of CEDs 
22 and EEDs recycled or processed for reuse by the 
23 manufacturer is less than 50% 60% of the manufacturer's 
24 individual recycling or reuse goal set forth in subsection 
25 (c) of Section 15 Section 19 of this Act, the manufacturer 
 
 
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1 shall pay a penalty equal to the product of: (i) $0.70 per 
2 pound; multiplied by (ii) the difference between the 
3 manufacturer's individual recycling or reuse goal and the 
4 total weight of CEDs and EEDs recycled or processed for 
5 reuse by the manufacturer during the program year.
6  (2) In program year 2013, and each year thereafter, if 
7 the total weight of CEDs and EEDs recycled or processed for 
8 reuse by the manufacturer is less than 60% 75% of the 
9 manufacturer's individual recycling or reuse goal set 
10 forth in subsection (c-5) of Section 15 Section 19 of this 
11 Act, the manufacturer shall pay a penalty equal to the 
12 product of: (i) $0.70 per pound; multiplied by (ii) the 
13 difference between the manufacturer's individual recycling 
14 or reuse goal and the total weight of CEDs and EEDs 
15 recycled or processed for reuse by the manufacturer during 
16 the program year.
17  (3) In program year 2014, and each year thereafter, if 
18 the total weight of CEDs and EEDs recycled or processed for 
19 reuse by the manufacturer is less than 70% of the 
20 manufacturer's individual recycling or reuse goal set 
21 forth in subsection (c-5) of Section 15 of this Act, the 
22 manufacturer shall pay a penalty equal to the product of: 
23 (i) $0.70 per pound; multiplied by (ii) the difference 
24 between the manufacturer's individual recycling or reuse 
25 goal and the total weight of CEDs and EEDs recycled or 
26 processed for reuse by the manufacturer during the program 
 
 
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1 year. 
2 (d) A Beginning January 1, 2010, a manufacturer in 
3violation of subsection (e), (h), (i), (j), (k), or (l), or (m) 
4of Section 30 is liable for a civil penalty not to exceed 
5$5,000 for the violation.
6 (e) Any person in violation of Section 50 of this Act is 
7liable for a civil penalty not to exceed $5,000 for the 
8violation.
9 (f) A knowing violation of subsections (a) and (c) of 
10Section 95 of this Act by anyone other than a residential 
11consumer is a petty offense punishable by a fine of $500. A 
12knowing violation of subsections (a) and (c) of Section 95 of 
13this Act by a residential consumer is a petty offense 
14punishable by a fine of $25 for a first violation; however, a 
15subsequent violation by a residential consumer is a petty 
16offense punishable by a fine of $50 $100.
17 (g) The penalties provided for in this Act may be recovered 
18in a civil action brought by the Attorney General in the name 
19of the People of the State of Illinois. Any moneys collected 
20under this Section in which the Attorney General has prevailed 
21may be deposited into the Electronic Recycling Fund, 
22established under this Act.
23 (h) The Attorney General, at the request of the Agency or 
24on his or her own motion, may institute a civil action for an 
25injunction, prohibitory or mandatory, to restrain violations 
26of this Act or to require such actions as may be necessary to 
 
 
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1address violations of this Act.
2 (i) The penalties and injunctions provided in this Act are 
3in addition to any penalties, injunctions, or other relief 
4provided under any other law. Nothing in this Act bars a cause 
5of action by the State for any other penalty, injunction, or 
6relief provided by any other law.
7 (j) The fine associated with the administrative citations 
8set forth in subsection (k) of Section 20 shall be limited to 
9$1,000. Administrative citations may be used to enforce 
10violation of the landfill ban subject to fines set forth in 
11subsection (f) of this Section. 

12(Source: P.A. 95-959, eff. 9-17-08.)

13 (415 ILCS 150/95)

14 Sec. 95. Landfill ban. 
15 (a) Except as may be provided pursuant to subsection (e) of 
16this Section, and beginning January 1, 2012, no person may 
17knowingly cause or allow the mixing of a CED, or any other 
18computer, computer monitor, printer, or television, electronic 
19keyboard, facsimile machine, videocassette recorder, portable 
20digital music player, digital video disc player, video game 
21console, electronic mouse, scanner, digital converter box, 
22cable receiver, satellite receiver, digital video disc 
23recorder, or small scale server with municipal waste that is 
24intended for disposal at a landfill.
25 (b) Except as may be provided pursuant to subsection (e) of 
 
 
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1this Section, and beginning January 1, 2012, no person may 
2knowingly cause or allow the disposal of a CED or any other 
3computer, computer monitor, printer, or television, electronic 
4keyboard, facsimile machine, videocassette recorder, portable 
5digital music player, digital video disc player, video game 
6console, electronic mouse, scanner, digital converter box, 
7cable receiver, satellite receiver, digital video disc 
8recorder, or small scale server in a sanitary landfill.
9 (c) Beginning January 1, 2012, no person may knowingly 
10cause or allow the mixing of a CED, or any other computer, 
11computer monitor, printer, or television, electronic keyboard, 
12facsimile machine, videocassette recorder, portable digital 
13music player, digital video disc player, video game console, 
14electronic mouse, scanner, digital converter box, cable 
15receiver, satellite receiver, digital video disc recorder, or 
16small scale server with waste that is intended for disposal by 
17burning or incineration.
18 (d) Beginning January 1, 2012, no person may knowingly 
19cause or allow the burning or incineration of a CED, or any 
20other computer, computer monitor, printer, or television, 
21electronic keyboard, facsimile machine, videocassette 
22recorder, portable digital music player, digital video disc 
23player, video game console, electronic mouse, scanner, digital 
24converter box, cable receiver, satellite receiver, digital 
25video disc recorder, or small scale server.
26 (e) Beginning April 1, 2012 but no later than December 31, 
 
 
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12013, the Illinois Pollution Control Board (Board) is 
2authorized to review temporary CED landfill ban waiver 
3petitions by county governments or municipal joint action 
4agencies (action agencies) and determine whether the 
5respective county's or action agency's jurisdiction may be 
6granted a temporary CED landfill ban waiver due to a lack of 
7funds and a lack of collection opportunities to collect CEDs 
8and EEDs within the county's or action agency's jurisdiction. 
9If the Board grants a waiver under this subsection (e), 
10subsections (a) and (b) of this Section shall not apply to CEDs 
11and EEDs that are taken out of service from residences within 
12the jurisdiction of the county or action agency receiving the 
13waiver and disposed of during the remainder of the program year 
14in which the petition is filed.
15  (1) The petition from the county or action agency shall 
16 include the following:
17   (A) documentation of the county's or action 
18 agency's attempts to gain funding, as well as the total 
19 funding obtained, for the collection of CEDs and EEDs 
20 in its jurisdiction from manufacturers or other units 
21 of government in the State; and

22   (B) an assessment of other collection 
23 opportunities in the county's or action agency's 
24 jurisdiction demonstrating insufficient capacity for 
25 the anticipated volume of CEDs and EEDs for the 
26 remainder of the program year in which the petition is 
 
 
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1 being filed.

2  (2) In addition to the criteria listed in item (1), the 
3 Board shall consider the following additional criteria 
4 when reviewing a petition:

5   (A) total weight of CEDs and EEDs collected in the 
6 county's or action agency's jurisdiction during all 
7 preceding program years;

8   (B) total weight of CEDs and EEDs collected in the 
9 county's or action agency's jurisdiction during the 
10 year in which the petition is filed; and

11   (C) the projected difference in weight between 
12 prior program years and the year in which the petition 
13 is filed.

14  (3) Within 60 days after the filing of the petition 
15 with the Board, the Board shall determine, based on the 
16 criteria in items (1) and (2), whether a temporary CED 
17 landfill ban waiver shall be granted to the respective 
18 county or action agency for the remainder of the program 
19 year in which the petition is filed. The Board's decision 
20 to grant such a waiver shall be based upon a showing by 
21 clear and convincing evidence that a county or action 
22 agency has a lack of funds and its respective jurisdiction 
23 lacks sufficient collection opportunities to collect CEDs 
24 and EEDs. If the Board denies the petition for a landfill 
25 ban waiver, the Board's order shall be final and 
26 immediately appealable to the circuit court having 
 
 
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1 jurisdiction over the petitioner.

2  (4) Within 5 days after granting a temporary CED 
3 landfill ban waiver, the Board shall provide written notice 
4 to the Agency of the Board's decision. The notice shall be 
5 provided at least 15 days prior to the waiver taking 
6 effect.

7  (5) Any county or action agency granted a temporary CED 
8 landfill ban waiver shall, within 7 days after receiving 
9 the waiver, inform all solid waste haulers and landfill 
10 operators used by the county or action agency for solid 
11 waste disposal that a waiver has been granted for the 
12 remainder of the program year. The notification shall be 
13 provided to the solid waste haulers and landfill operators 
14 at least 15 days prior to the waiver taking effect.

15  (6) Between April 1, 2012 and December 31, 2013, if a 
16 temporary CED landfill ban waiver has been granted to a 
17 petitioner, no person disposing of a CED shall be subject 
18 to any enforcement proceeding unless he or she disposes of 
19 the CED with knowledge that the CED is from a county or 
20 action agency that has not received a temporary CED 
21 landfill ban waiver.


22(Source: P.A. 95-959, eff. 9-17-08.)


23 (415 ILCS 150/16 rep.)
24 (415 ILCS 150/17 rep.)
25 (415 ILCS 150/18 rep.)
 
 
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1 (415 ILCS 150/19 rep.)
2 Section 10. The Electronic Products Recycling and Reuse Act 
3is amended by repealing Sections 16, 17, 18, and 19.


4 Section 99. Effective date. This Act takes effect upon 
5becoming law.".