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| Public Act 100-1165
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| SB3550 Enrolled | LRB100 19769 MJP 35044 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Consumer Electronics Recycling Act is |
amended by changing Sections 1-10 and 1-25 as follows:
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(415 ILCS 151/1-10)
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(Section scheduled to be repealed on December 31, 2026) |
Sec. 1-10. Manufacturer e-waste program. |
(a) For program year 2019 and each program year thereafter, |
each manufacturer shall, individually or as part of a |
manufacturer clearinghouse, provide a manufacturer e-waste |
program to transport and subsequently recycle, in accordance |
with the requirements of this Act, residential CEDs collected |
at, and prepared for transport from, the program collection |
sites and one-day collection events included in the program |
during the program year. |
(b) Each manufacturer e-waste program must include, at a |
minimum, the following: |
(1) satisfaction of the convenience standard described |
in Section 1-15 of this Act; |
(2) instructions for designated county recycling |
coordinators and municipal joint action agencies to |
annually file notice to participate in the program; |
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(3) transportation and subsequent recycling of the |
residential CEDs collected at, and prepared for transport |
from, the program collection sites and one-day collection |
events included in the program during the program year; and |
(4) submission of a report to the Agency, by March 1, |
2020, and each March 1 thereafter, which includes: |
(A) the total weight of all residential CEDs |
transported from program collection sites and one-day |
collection events throughout the State during the |
preceding program year by CED category; |
(B) the total weight of residential CEDs |
transported from all program collection sites and |
one-day collection events in each county in the State |
during the preceding program year by CED category; and |
(C) the total weight of residential CEDs |
transported from all program collection sites and |
one-day collection events in each county in the State |
during that preceding program year and that was |
recycled. |
(c) Each manufacturer e-waste program shall make the |
instructions required under paragraph (2) of subsection (b) |
available on its website by December 1, 2017, and the program |
shall provide to the Agency a hyperlink to the website for |
posting on the Agency's website.
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(d) Nothing in this Act shall prevent a manufacturer from |
accepting, through a manufacturer e-waste program, residential |
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CEDs collected through a curbside or drop-off collection |
program that is operated pursuant to a residential franchise |
collection an agreement authorized by Section 11-19-1 of the |
Illinois Municipal Code or Section 5-1048 of the Counties Code |
between a third party and a unit of local government located |
within a county or municipal joint action agency that has |
elected to participate in a manufacturer e-waste program. |
(e) A collection program operated in accordance with this |
Section shall: |
(1) meet the collector responsibilities under |
subsections (a), (a-5), (d), (e), and (g) under Section |
1-45 and require certification on the bill of lading or |
similar manifest from the unit of local government, the |
third party, and the county or municipal joint action |
agency that elected to participate in the manufacturer |
e-waste program that the CEDs were collected, to the best |
of their knowledge, from residential consumers in the State |
of Illinois; |
(2) comply with the audit provisions under subsection |
(g) of Section 1-30; |
(3) locate any drop-off location where CEDs are |
collected on property owned by a unit of local government; |
and |
(4) have signage at any drop-off location indicating |
only residential CEDs are accepted for recycling. |
Manufacturers of CEDs are not financially responsible for |
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transporting and consolidating CEDs collected from a |
collection program's drop-off location. Any drop-off location |
used in 2019 must have been identified by the county or |
municipal joint action agency in the written notice of election |
to participate in the manufacturer e-waste program in |
accordance with Section 1-20 by March 1, 2018. Any drop-off |
location operating in 2020 or in subsequent years must be |
identified by the county or municipal joint action agency in |
the annual written notice of election to participate in a |
manufacturer e-waste program in accordance with Section 1-20 to |
be eligible for the subsequent program year. |
(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
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(415 ILCS 151/1-25)
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(Section scheduled to be repealed on December 31, 2026) |
Sec. 1-25. Manufacturer e-waste program plans. |
(a) By September July 1, 2018 for program year 2019, and by |
July 1 of each year thereafter for the upcoming program year, |
beginning with program year 2019, each manufacturer shall, |
individually or as a manufacturer clearinghouse, submit to the |
Agency a manufacturer e-waste program plan, which includes, at |
a minimum, the following:
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(1) the contact information for the individual who will |
serve as the point of contact for the manufacturer e-waste |
program;
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(2) the identity of each county that has elected to |
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participate in the manufacturer e-waste program during the |
program year;
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(3) for each county, the location of each program |
collection site and one-day collection event included in |
the manufacturer e-waste program for the program year;
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(4) the collector operating each program collection |
site and one-day collection event included in the |
manufacturer e-waste program for the program year;
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(5) the recyclers that manufacturers plan to use during |
the program year to transport and subsequently recycle |
residential CEDs under the program, with the updated list |
of recyclers to be provided to the Agency no later than |
December 1 preceding each program year; and
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(6) an explanation of any deviation by the program from |
the standard program collection site distribution set |
forth in subsection (a) of Section 1-15 of this Act for the |
program year, along with copies of all written agreements |
made pursuant to paragraphs (1) or (2) of subsection (b) of |
Section 1-15 for the program year.
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(b) Within 60 days after receiving a manufacturer e-waste |
program plan, the Agency shall review the plan and approve the |
plan or disapprove the plan.
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(1) If the Agency determines that the program |
collection sites and one-day collection events specified |
in the plan will satisfy the convenience standard set forth |
in Section 1-15 of this Act, then the Agency shall approve |
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the manufacturer e-waste program plan and provide written |
notification of the approval to the individual who serves |
as the point of contact for the manufacturer.
The Agency |
shall make the approved plan available on the Agency's |
website. |
(2) If the Agency determines the plan will not satisfy |
the convenience standard set forth in Section 1-15 of this |
Act, then the Agency shall disapprove the manufacturer |
e-waste program plan and provide written notification of |
the disapproval and the reasons for the disapproval to the |
individual who serves as the point of contact for the |
manufacturer. Within 30 days after the date of disapproval, |
the manufacturer shall submit a revised manufacturer |
e-waste program plan that addresses the deficiencies noted |
in the Agency's disapproval.
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(c) Manufacturers shall assume financial responsibility |
for carrying out their e-waste program plans, including, but |
not limited to, financial responsibility for providing the |
packaging materials necessary to prepare shipments of |
collected residential CEDs in compliance with subsection (e) of |
Section 1-45, as well as financial responsibility for bulk |
transportation and recycling of collected residential CEDs. |
(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
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