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Public Act 100-0433 | ||||
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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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ARTICLE 1. CONSUMER ELECTRONICS RECYCLING ACT | ||||
Section 1-1. Short title. This Act may be cited as the | ||||
Consumer Electronics Recycling Act. References in this Article | ||||
to "this Act" mean this Article. | ||||
Section 1-5. Definitions. As used in this Act: | ||||
"Agency" means the Illinois Environmental Protection | ||||
Agency. | ||||
"Best practices" means standards for collecting and | ||||
preparing items for shipment and recycling. "Best practices" | ||||
may include standards for packaging for transport, load size, | ||||
acceptable load contamination levels, non-CED items included | ||||
in a load, and other standards as determined under Section 1-85 | ||||
of this Act. "Best practices" shall consider the desired intent | ||||
to preserve existing collection programs and relationships | ||||
when possible. | ||||
"Collector" means a person who collects residential CEDs at | ||||
any program collection site or one-day collection event and | ||||
prepares them for transport. | ||||
"Computer", often referred to as a "personal computer" or |
"PC", means a desktop or notebook computer as further defined | ||
below and used only in a residence, but does not mean an | ||
automated typewriter, electronic printer, mobile telephone, | ||
portable hand-held calculator, portable digital assistant | ||
(PDA), MP3 player, or other similar device. "Computer" does not | ||
include computer peripherals, commonly known as cables, mouse, | ||
or keyboard. "Computer" is further defined as either: | ||
(1) "Desktop computer", which means an electronic,
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magnetic, optical, electrochemical, or other high-speed | ||
data processing device performing logical, arithmetic, or | ||
storage functions for general purpose needs that are met | ||
through interaction with a number of software programs | ||
contained therein, and that is not designed to exclusively | ||
perform a specific type of logical, arithmetic, or storage | ||
function or other limited or specialized application. | ||
Human interface with a desktop computer is achieved through | ||
a stand-alone keyboard, stand-alone monitor, or other | ||
display unit, and a stand-alone mouse or other pointing | ||
device, and is designed for a single user. A desktop | ||
computer has a main unit that is intended to be | ||
persistently located in a single location, often on a desk | ||
or on the floor. A desktop computer is not designed for | ||
portability and generally utilizes an external monitor, | ||
keyboard, and mouse with an external or internal power | ||
supply for a power source. Desktop computer does not | ||
include an automated typewriter or typesetter; or |
(2) "Notebook computer", which means an electronic,
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magnetic, optical, electrochemical, or other high-speed | ||
data processing device performing logical, arithmetic, or | ||
storage functions for general purpose needs that are met | ||
through interaction with a number of software programs | ||
contained therein, and that is not designed to exclusively | ||
perform a specific type of logical, arithmetic, or storage | ||
function or other limited or specialized application. | ||
Human interface with a notebook computer is achieved | ||
through a keyboard, video display greater than 4 inches in | ||
size, and mouse or other pointing device, all of which are | ||
contained within the construction of the unit that | ||
comprises the notebook computer; supplemental stand-alone | ||
interface devices typically can also be attached to the | ||
notebook computer. Notebook computers can use external, | ||
internal, or batteries for a power source. Notebook | ||
computer does not include a portable hand-held calculator, | ||
or a portable digital assistant or similar specialized | ||
device. A notebook computer has an incorporated video | ||
display greater than 4 inches in size and can be carried as | ||
one unit by an individual. A notebook computer is sometimes | ||
referred to as a laptop computer. | ||
(3) "Tablet computer", which means an electronic,
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magnetic, optical, electrochemical, or other high-speed | ||
data processing device performing logical, arithmetic, or | ||
storage functions for general purpose needs that are met |
through interaction with a number of software programs | ||
contained therein, and that is not designed to exclusively | ||
perform a specific type of logical, arithmetic, or storage | ||
function or other limited or specialized application. | ||
Human interface with a tablet computer is achieved through | ||
a touch screen and video display screen greater than 6 | ||
inches in size (all of which are contained within the unit | ||
that comprises the tablet computer). Tablet computers may | ||
use an external or internal power source. "Tablet computer" | ||
does not include a portable hand-held calculator, a | ||
portable digital assistant, or a similar specialized | ||
device. | ||
"Computer monitor" means an electronic device that is a | ||
cathode-ray tube or flat panel display primarily intended to | ||
display information from a computer and is used only in a | ||
residence. | ||
"County collection site" means a collection site owned or | ||
operated by a county or operated by a third party on behalf of | ||
a county. | ||
"County recycling coordinator" means the individual who is | ||
designated as the recycling coordinator for a county in a waste | ||
management plan developed pursuant to the Solid Waste Planning | ||
and Recycling Act. | ||
"Covered electronic device" or "CED" means any computer, | ||
computer monitor, television, printer, electronic keyboard, | ||
facsimile machine, videocassette recorder, portable digital |
music player that has memory capability and is battery powered, | ||
digital video disc player, video game console, electronic | ||
mouse, scanner, digital converter box, cable receiver, | ||
satellite receiver, digital video disc recorder, or | ||
small-scale server sold at retail and taken out of service from | ||
a residence in this State. "Covered electronic device" does not | ||
include any of the following: | ||
(1) an electronic device that is a part of a motor
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vehicle or any component part of a motor vehicle assembled | ||
by or for a vehicle manufacturer or franchised dealer, | ||
including replacement parts for use in a motor vehicle; | ||
(2) an electronic device that is functionally or
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physically part of a larger piece of equipment or that is | ||
taken out of service from an industrial, commercial | ||
(including retail), library checkout, traffic control, | ||
kiosk, security (other than household security), | ||
governmental, agricultural, or medical setting, including | ||
but not limited to diagnostic, monitoring, or control | ||
equipment; or | ||
(3) an electronic device that is contained within a
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clothes washer, clothes dryer, refrigerator, refrigerator | ||
and freezer, microwave oven, conventional oven or range, | ||
dishwasher, room air conditioner, dehumidifier, water | ||
pump, sump pump, or air purifier.
To the extent allowed | ||
under federal and State laws and regulations, a CED that is | ||
being collected, recycled, or processed for reuse is not |
considered to be hazardous waste, household waste, solid | ||
waste, or special waste.
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"Manufacturer" means a person, or a successor in interest | ||
to a person, under whose brand or label a CED is or was sold at | ||
retail. For any CED sold at retail under a brand or label that | ||
is licensed from a person who is a mere brand owner and who | ||
does not sell or produce a CED, the person who produced the CED | ||
or his or her successor in interest is the manufacturer. For | ||
any CED sold at retail under the brand or label of both the | ||
retail seller and the person that produced the CED, the person | ||
that produced the CED, or his or her successor in interest, is | ||
the manufacturer. | ||
"Manufacturer clearinghouse" means a group of 2 or more | ||
manufacturers, representing at least 50% of the manufacturers' | ||
total obligations under this Act for a program year, that are | ||
cooperating with one another to collectively establish and | ||
operate an e-waste program for the purpose of complying with | ||
this Act. | ||
"Manufacturer e-waste program" means any program | ||
established, financed, and operated by a manufacturer, | ||
individually or as part of a manufacturer clearinghouse, to | ||
transport and subsequently recycle, in accordance with the | ||
requirements of this Act, residential CEDs collected at program | ||
collection sites and one-day collection events in accordance | ||
with best practices. | ||
"Municipal joint action agency" means a municipal joint |
action agency created under Section 3.2 of the | ||
Intergovernmental Cooperation Act. | ||
"One-day collection event" means a one-day event used as a | ||
substitute for a program collection site pursuant to Section | ||
1-15 of this Act. | ||
"Person" means an individual, partnership, co-partnership, | ||
firm, company, limited liability company, corporation, | ||
association, joint stock company, trust, estate, political | ||
subdivision, State agency, or any other legal entity; or a | ||
legal representative, agent, or assign of that entity. "Person" | ||
includes a unit of local government. | ||
"Printer" means desktop printers, multifunction printer | ||
copiers, and printer/fax combinations taken out of service from | ||
a residence that are designed to reside on a work surface, and | ||
include various print technologies, including without | ||
limitation laser and LED (electrographic), ink jet, dot matrix, | ||
thermal, and digital sublimation, and "multi-function" or | ||
"all-in-one" devices that perform different tasks, including | ||
without limitation copying, scanning, faxing, and printing. | ||
Printers do not include floor-standing printers, printers with | ||
optional floor stand, point of sale (POS) receipt printers, | ||
household printers such as a calculator with printing | ||
capabilities or label makers, or non-stand-alone printers that | ||
are embedded into products that are not CEDs. | ||
"Program collection site" means a physical location that is | ||
included in a manufacturer e-waste program and at which |
residential CEDs are collected and prepared for transport by a | ||
collector during a program year in accordance with the | ||
requirements of this Act. Except as otherwise provided in this | ||
Act, "program collection" site does not include a retail | ||
collection site. | ||
"Program year" means a calendar year. The first program | ||
year is 2019. | ||
"Recycler" means any person who transports or subsequently | ||
recycles residential CEDs that have been collected and prepared | ||
for transport by a collector at any program collection site or | ||
one-day collection event. | ||
"Recycling" has the meaning provided under Section 3.380 of | ||
the Environmental Protection Act. "Recycling" includes any | ||
process by which residential CEDs that would otherwise be | ||
disposed of or discarded are collected, separated, or processed | ||
and returned to the economic mainstream in the form of raw | ||
materials or products. | ||
"Residence" means a dwelling place or home in which one or | ||
more individuals live. | ||
"Residential covered electronic device" or "residential | ||
CED" means any covered electronic device taken out of service | ||
from a residence in the State. | ||
"Retail collection site" means a private sector collection | ||
site operated by a retailer collecting on behalf of a | ||
manufacturer. | ||
"Retailer" means a person who first sells, through a sales |
outlet, catalogue, or the Internet, a covered electronic device | ||
at retail to an individual for residential use or any permanent | ||
establishment primarily where merchandise is displayed, held, | ||
stored, or offered for sale to the public. | ||
"Sale" means any retail transfer of title for consideration | ||
of title including, but not limited to, transactions conducted | ||
through sales outlets, catalogs, or the Internet or any other | ||
similar electronic means. "Sale" does not include financing or | ||
leasing. | ||
"Small-scale server" means a computer that typically uses | ||
desktop components in a desktop form designed primarily to | ||
serve as a storage host for other computers. To be considered a | ||
small-scale server, a computer must: be designed in a pedestal, | ||
tower, or other form that is similar to that of a desktop | ||
computer so that all data processing, storage, and network | ||
interfacing is contained within one box or product; be designed | ||
to be operational 24 hours per day and 7 days per week; have | ||
very little unscheduled downtime, such as on the order of hours | ||
per year; be capable of operating in a simultaneous multi-user | ||
environment serving several users through networked client | ||
units; and be designed for an industry-accepted operating | ||
system for home or low-end server applications. | ||
"Television" means an electronic device (i) containing a | ||
cathode-ray tube or flat panel screen the size of which is | ||
greater than 4 inches when measured diagonally, (ii) that is | ||
intended to receive video programming via broadcast, cable, or |
satellite transmission or to receive video from surveillance or | ||
other similar cameras, and (iii) that is used only in a | ||
residence. | ||
Section 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; | ||
(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 January | ||
31, 2020, and each January 31 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) The Agency shall make the instructions required under | ||
paragraph (2) of subsection (b) available on the Agency's | ||
website by December 1, 2017. | ||
Section 1-15. Convenience standard for program collection | ||
sites and one-day collection events. | ||
(a) Beginning in 2019 each manufacturer e-waste program for | ||
a program year must include, at a minimum, program collection | ||
sites in the following quantities in counties that elect to | ||
participate in the manufacturer e-waste program for the program | ||
year:
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(1) one program collection site in each county that has | ||
elected to participate in the manufacturer e-waste program |
for the program year and that has a population density that | ||
is less than 250 individuals per square mile;
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(2) two program collection sites in each county that | ||
has elected to participate in the manufacturer e-waste | ||
program for the program year and that has a population | ||
density that is greater than or equal to 250 individuals | ||
per square mile but less than 500 individuals per square | ||
mile;
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(3) three program collection sites in each county that | ||
has elected to participate in the manufacturer e-waste | ||
program for the program year and that has a population | ||
density that is greater than or equal to 500 individuals | ||
per square mile but less than 750 individuals per square | ||
mile;
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(4) four program collection sites in each county that | ||
has elected to participate in the manufacturer e-waste | ||
program for the program year and that has a population | ||
density that is greater than or equal to 750 individuals | ||
per square mile but less than 1,000 individuals per square | ||
mile;
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(5) five program collection sites in each county that | ||
has elected to participate in the manufacturer e-waste | ||
program for the program year and that has a population | ||
density that is greater than or equal to 1,000 individuals | ||
per square mile but less than 5,000 individuals per square | ||
mile; and
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(6) ten program collection sites in each county that | ||
has elected to participate in the manufacturer e-waste | ||
program for the program year and that has a population | ||
density that is greater than or equal to 5,000 individuals | ||
per square mile.
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If a municipality with a population of over 1,000,000 | ||
residents notifies the program of the municipality's desire to | ||
participate in the program, then that municipality shall | ||
receive 15 program collection sites to be located in that | ||
municipality in addition to county sites, which shall be | ||
located outside of the municipality. | ||
A designated county recycling coordinator may elect to | ||
operate more than the required minimum number of collection | ||
sites. | ||
(b) Notwithstanding subsection (a) of this Section, the | ||
county recycling coordinator for a county that elects to | ||
participate in a manufacturer e-waste program may enter into a | ||
written agreement with the operators of any manufacturer | ||
e-waste program in order to do one or more of the following:
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(1) to decrease the number of program collection sites | ||
in the county for the program year;
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(2) to substitute a program collection site in the | ||
county with either (i) 4 one-day collection events in the | ||
county or (ii) a different number of such events in the | ||
county as may be provided in the written agreement;
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(3) to substitute the location of a program collection |
site in the county for the program year with another | ||
location in the county; or
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(4) to substitute the location of a one-day collection | ||
in the county with another location in the county.
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An agreement made pursuant to paragraphs (1) or (2) of this | ||
subsection (b) shall be reduced to writing and included in the | ||
manufacturer e-waste program plan as required under subsection | ||
(a) of Section 1-25 of this Act.
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(c) To facilitate the equitable allocation of covered | ||
electronic device collection and recycling obligations among | ||
manufacturers participating in a manufacturer e-waste program, | ||
beginning November 1, 2018 and by November 1 of each year | ||
thereafter, the Agency shall determine each manufacturer's | ||
collection obligation for each CED category that takes into | ||
account the market share of a manufacturer so that the | ||
manufacturer's obligations are allocated based on the weight of | ||
the manufacturer's sales in each CED category, divided by the | ||
weight of all sales in each CED category multiplied by the | ||
proportion of the weight of CEDs in each CED category collected | ||
from county collection sites used in the manufacturer's e-waste | ||
program in the prior program year. The manufacturer's | ||
collection obligation calculated in this subsection (c) shall | ||
be expressed as a percentage. | ||
(d) Nothing in this Act shall prevent a manufacturer from | ||
using retail collection sites to satisfy the manufacturer's | ||
obligations under this Section. |
Section 1-20. Election to participate in manufacturer | ||
e-waste programs. Beginning with program year 2019, a county | ||
may elect to participate in a manufacturer e-waste program by | ||
having the county recycling coordinator file with the | ||
manufacturer e-waste program and the Agency, on or before March | ||
1, 2018, and on or before March 1 of each year thereafter for | ||
the upcoming program year, a written notice of election to | ||
participate in the program. The written notice shall include a | ||
list of proposed collection locations likely to be available | ||
and appropriate to support this program, and may include | ||
locations already providing similar collection services. The | ||
written notice may include a list of registered recyclers that | ||
the county would prefer using for its collection sites or | ||
one-day events. | ||
County program coordinators may contract with registered | ||
collectors to operate collection sites. Eligible registered | ||
collectors are not limited to private companies and | ||
non-government organizations. All collectors operating county | ||
supervised programs shall abide by the standards in Section | ||
1-45. | ||
Should a county elect not to participate in the program, a | ||
municipal joint action agency, representing residents within a | ||
certain geographic area in the non-participating county can | ||
elect to participate in the e-waste program on behalf of the | ||
residents of the municipal joint action agency. |
Section 1-25. Manufacturer e-waste program plans. | ||
(a) By July 1, 2018, 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 and assume the financial | ||
responsibility for bulk transportation, packaging materials | ||
necessary to prepare shipments in compliance with best | ||
practices, and recycling of collected CEDs, 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 | ||
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 | ||
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 post the approved plan 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 individual who serves as the point of contact for 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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Section 1-30. Manufacturer registration. | ||
(a) By April 1, 2018, and by April 1 of each year | ||
thereafter for the upcoming program year, beginning with | ||
program year 2019, each manufacturer who sells CEDs in the | ||
State must register with the Agency by: (i) submitting to the | ||
Agency a $3,000 registration fee; and (ii) completing and | ||
submitting to the Agency the registration form prescribed by | ||
the Agency. Information on the registration form shall include, | ||
without limitation, all of the following: | ||
(1) a list of all of the brands and labels under which | ||
the manufacturer's CEDs are sold or offered for sale in the | ||
State; and | ||
(2) the weight of all individual CEDs by category sold | ||
or offered for sale under any of the manufacturer's brands | ||
or labels in the United States during the calendar year 2 | ||
years before the applicable program year. | ||
If, during a program year, any of the manufacturer's CEDs | ||
are sold or offered for sale in the State under a brand that is | ||
not listed in the manufacturer's registration, then, within 30 | ||
days after the first sale or offer for sale under that brand, | ||
the manufacturer must amend its registration to add the brand. |
All registration fees collected by the Agency pursuant to this | ||
Section shall be deposited into the Solid Waste Management | ||
Fund.
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(b) The Agency shall post on its website a list of all | ||
registered manufacturers.
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(c) Beginning in program year 2019, a manufacturer whose | ||
CEDs are sold or offered for sale in this State for the first | ||
time on or after April 1 of a program year must register with | ||
the Agency within 30 days after the date the CEDs are first | ||
sold or offered for sale in the State.
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(d) Beginning in program year 2019, manufacturers shall | ||
ensure that only recyclers that have registered with the Agency | ||
and meet the recycler standards set forth in Section 1-40 are | ||
used to transport or recycle residential CEDs collected at any | ||
program collection site or one-day collection event.
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(e) Beginning in program year 2019, no manufacturer may | ||
sell or offer for sale a CED in this State unless the | ||
manufacturer is registered and operates a manufacturer program | ||
either individually or as part of the manufacturer | ||
clearinghouse as required in this Act.
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(f) Beginning in program year 2019, no manufacturer may | ||
sell or offer for sale a CED in this State unless the | ||
manufacturer's brand name is permanently affixed to, and is | ||
readily visible on, the CED.
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Section 1-35. Retailer responsibilities. |
(a) Beginning in program year 2019, no retailer who first | ||
sells, through a sales outlet, catalogue, or the Internet, a | ||
CED at retail to an individual for residential use may sell or | ||
offer for sale any CED in or for delivery into this State | ||
unless:
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(1) the CED is labeled with a brand, and the label is | ||
permanently affixed and readily visible; and
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(2) the manufacturer is registered with the Agency at | ||
the time the retailer purchases the CED.
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(b) A retailer shall be considered to have complied with | ||
paragraphs (1) and (2) of subsection (a) if:
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(1) a manufacturer registers with the agency within 30 | ||
days of a retailer taking possession of the manufacturer's | ||
CED;
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(2) a manufacturer's registration expires and the | ||
retailer ordered the CED prior to the expiration, in which | ||
case the retailer may sell the CED, but only if the sale | ||
takes place within 180 days of the expiration; or
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(3) a manufacturer is no longer conducting business and | ||
has no successor in interest the retailer may sell any | ||
orphan CED ordered prior to the discontinuation of | ||
business.
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(c) Retailers shall not be considered collectors under the | ||
convenience standard and retail collection sites shall not be | ||
considered a collection site for the purposes of the | ||
convenience standard pursuant to Sections 1-10, 1-15, and 1-25 |
unless otherwise agreed to in writing by the retailer, | ||
operators of the manufacture e-waste program, and the county | ||
coordinator.
If retailers agree to participate in a county | ||
program collection site, then the retailer collection site does | ||
not have to collect all CEDs or register as a collector. | ||
(d) Manufacturers may use retail collection sites for | ||
satisfying some or all of their obligations pursuant to | ||
Sections 1-10, 1-15 and 1-25.
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(e) Nothing in this Act shall prohibit a retailer from | ||
collecting a fee for each CED collected. | ||
Section 1-40. Recycler responsibilities. | ||
(a) By January 1, 2019, and by January 1 of each year | ||
thereafter for that program year, beginning with program year | ||
2019, each recycler must register with the Agency by (i) | ||
submitting to the Agency a $3,000 registration fee and (ii) | ||
completing and submitting to the Agency the registration form | ||
prescribed by the Agency. The registration form prescribed by | ||
the Agency shall include, without limitation, the address of | ||
each location where the recycler manages residential CEDs. All | ||
registration fees collected by the Agency pursuant to this | ||
Section shall be deposited into the Solid Waste Management | ||
Fund.
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(b) The Agency shall post on the Agency's website a list of | ||
all registered recyclers and the information requested by | ||
subsection (d) of Section 1-40.
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(c) Beginning in program year 2019, no person may act as a | ||
recycler of residential CEDs for a manufacturer's e-waste | ||
program unless the recycler is registered with the Agency as | ||
required under this Section.
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(d) Beginning in program year 2019, recyclers must, at a | ||
minimum, comply with all of the following:
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(1) Recyclers must comply with federal, State, and | ||
local laws and regulations, including federal and State | ||
minimum wage laws, specifically relevant to the handling, | ||
processing, and recycling of residential CEDs and must have | ||
proper authorization by all appropriate governing | ||
authorities to perform the handling, processing, and | ||
recycling.
| ||
(2) Recyclers must implement the appropriate measures | ||
to safeguard occupational and environmental health and | ||
safety, through the following:
| ||
(A) environmental health and safety training of | ||
personnel, including training with regard to material | ||
and equipment handling, worker exposure, controlling | ||
releases, and safety and emergency procedures;
| ||
(B) an up-to-date, written plan for the | ||
identification and management of hazardous materials; | ||
and
| ||
(C) an up-to-date, written plan for reporting and | ||
responding to exceptional pollutant releases, | ||
including emergencies such as accidents, spills, |
fires, and explosions.
| ||
(3) Recyclers must maintain (i) commercial general | ||
liability insurance or the equivalent corporate guarantee | ||
for accidents and other emergencies with limits of not less | ||
than $1,000,000 per occurrence and $1,000,000 aggregate | ||
and (ii) pollution legal liability insurance with limits | ||
not less than $1,000,000 per occurrence for companies | ||
engaged solely in the dismantling activities and | ||
$5,000,000 per occurrence for companies engaged in | ||
recycling.
| ||
(4) Recyclers must maintain on file documentation that | ||
demonstrates the completion of an environmental health and | ||
safety audit completed and certified by a competent | ||
internal and external auditor annually. A competent | ||
auditor is an individual who, through professional | ||
training or work experience, is appropriately qualified to | ||
evaluate the environmental health and safety conditions, | ||
practices, and procedures of the facility. Documentation | ||
of auditors' qualifications must be available for | ||
inspection by Agency officials and third-party auditors.
| ||
(5) Recyclers must maintain on file proof of workers' | ||
compensation and employers' liability insurance.
| ||
(6) Recyclers must provide adequate assurance, such as | ||
bonds or corporate guarantees, to cover environmental and | ||
other costs of the closure of the recycler's facility, | ||
including cleanup of stockpiled equipment and materials.
|
(7) Recyclers must apply due diligence principles to | ||
the selection of facilities to which components and | ||
materials, such as plastics, metals, and circuit boards, | ||
from residential CEDs are sent for reuse and recycling.
| ||
(8) Recyclers must establish a documented | ||
environmental management system that is appropriate in | ||
level of detail and documentation to the scale and function | ||
of the facility, including documented regular self-audits | ||
or inspections of the recycler's environmental compliance | ||
at the facility.
| ||
(9) Recyclers must use the appropriate equipment for | ||
the proper processing of incoming materials as well as | ||
controlling environmental releases to the environment. The | ||
dismantling operations and storage of residential CED | ||
components that contain hazardous substances must be | ||
conducted indoors and over impervious floors. Storage | ||
areas must be adequate to hold all processed and | ||
unprocessed inventory. When heat is used to soften solder | ||
and when residential CED components are shredded, | ||
operations must be designed to control indoor and outdoor | ||
hazardous air emissions.
| ||
(10) Recyclers must establish a system for identifying | ||
and properly managing components, such as circuit boards, | ||
batteries, cathode-ray tubes, and mercury phosphor lamps, | ||
that are removed from residential CEDs during disassembly. | ||
Recyclers must properly manage all hazardous and other |
components requiring special handling from residential | ||
CEDs consistent with federal, State, and local laws and | ||
regulations. Recyclers must provide visible tracking, such | ||
as hazardous waste manifests or bills of lading, of | ||
hazardous components and materials from the facility to the | ||
destination facilities and documentation, such as | ||
contracts, stating how the destination facility processes | ||
the materials received. No recycler may send, either | ||
directly or through intermediaries, hazardous wastes to | ||
solid non-hazardous waste landfills or to non-hazardous | ||
waste incinerators for disposal or energy recovery. For the | ||
purpose of these guidelines, smelting of hazardous wastes | ||
to recover metals for reuse in conformance with all | ||
applicable laws and regulations is not considered disposal | ||
or energy recovery.
| ||
(11) Recyclers must use a regularly implemented and | ||
documented monitoring and record-keeping program that | ||
tracks total inbound residential CED material weights and | ||
total subsequent outbound weights to each destination, | ||
injury and illness rates, and compliance with applicable | ||
permit parameters including monitoring of effluents and | ||
emissions. Recyclers must maintain contracts or other | ||
documents, such as sales receipts, suitable to | ||
demonstrate: (i) the reasonable expectation that there is a | ||
downstream market or uses for designated electronics, | ||
which may include recycling or reclamation processes such |
as smelting to recover metals for reuse; and (ii) that any | ||
residuals from recycling or reclamation processes, or | ||
both, are properly handled and managed to maximize reuse | ||
and recycling of materials to the extent practical.
| ||
(12) Recyclers must employ industry-accepted | ||
procedures for the destruction or sanitization of data on | ||
hard drives and other data storage devices. Acceptable | ||
guidelines for the destruction or sanitization of data are | ||
contained in the National Institute of Standards and | ||
Technology's Guidelines for Media Sanitation or those | ||
guidelines certified by the National Association for | ||
Information Destruction.
| ||
(13) No recycler may employ prison labor in any | ||
operation related to the collection, transportation, and | ||
recycling of CEDs. No recycler may employ any third party | ||
that uses or subcontracts for the use of prison labor.
| ||
(e) Each recycler shall, during each calendar year, | ||
transport from each site that the recycler uses to manage | ||
residential CEDs not less than 75% of the total weight of | ||
residential CEDs present at the site during the preceding | ||
calendar year. Each recycler shall maintain on-site records | ||
that demonstrate compliance with this requirement and shall | ||
make those records available to the Agency for inspection and | ||
copying. | ||
Nothing in this Act shall prevent a person from acting as a | ||
recycler independently of a manufacturer e-waste program. |
Section 1-45. Collector responsibilities. | ||
(a) By January 1, 2019, and by January 1 of each year | ||
thereafter for that program year, beginning with program year | ||
2019, a person acting as a collector under a manufacturer | ||
e-waste program shall register with the Agency by completing | ||
and submitting to the Agency the registration form prescribed | ||
by the Agency. The registration form prescribed by the Agency | ||
must include, without limitation, the address of each location | ||
at which the collector accepts residential CEDs.
| ||
(b) The Agency shall post on the Agency's website a list of | ||
all registered collectors.
| ||
(c) Manufacturers and recyclers acting as collectors shall | ||
so indicate on their registration under Section 1-30 or 1-40 of | ||
this Act.
| ||
(d) By January 31, 2020 and every January 31 thereafter, | ||
each collector that operates a program collection site or | ||
one-day collection event shall report its previous program year | ||
data on CEDs collected to the Agency and manufacturer | ||
clearinghouse to assist in satisfying a manufacturer's | ||
obligation pursuant to subsection (c) of Section 1-15. | ||
(e) Each collector that operates a program collection site | ||
or one-day event shall ensure that the collected CEDs are | ||
sorted and loaded in compliance with local, State, and federal | ||
law and in accordance with best practices recommended by the | ||
recycler and Section 1-85 of this Act. In addition, at a |
minimum, the collector shall also comply with the following | ||
requirements: | ||
(1) all CEDs must be accepted at the collection site or | ||
one-day event unless otherwise provided in this Act;
| ||
(2) CEDs shall be kept separate from other material and | ||
shall be: | ||
(A) packaged in a manner to prevent breakage; and
| ||
(B) loaded onto pallets and secured with plastic | ||
wrap or in pallet-sized bulk containers prior to | ||
shipping; and
| ||
(C) on average per collection site 18,000 pounds | ||
per shipment, and if not then the recycler may charge | ||
the collector a prorate charge on the shortfall in | ||
weight, not to exceed $600. | ||
(3) CEDs shall be sorted into the following categories:
| ||
(A) computer monitors and televisions containing a | ||
cathode-ray tube, other than televisions with wooden | ||
exteriors;
| ||
(B) computer monitors and televisions containing a | ||
flat panel screen;
| ||
(C) all other covered televisions;
| ||
(D) computers;
| ||
(E) all other CEDs; and
| ||
(F) any electronic device that is not part of the | ||
manufacturer program that the collector has arranged | ||
to have picked up with CEDs and for which a financial |
arrangement has been made to cover the recycling costs | ||
outside of the manufacturer program; and
| ||
(4) containers holding the CEDs must be structurally | ||
sound for transportation.
| ||
(e) Except as provided in subsection (f) of this Section, | ||
each collector that operates a program collection site or | ||
one-day collection event during a program year shall accept all | ||
residential CEDs that are delivered to the program collection | ||
site or one-day collection event during the program year.
| ||
(f) No collector that operates a program collection site or | ||
one-day collection event shall accept more than 7 residential | ||
CEDs from an individual at any one time.
| ||
(g) Beginning in program year 2019, registered collectors | ||
participating in county supervised collection programs may | ||
collect a fee for each desktop computer monitor or television | ||
accepted for recycling to cover costs for collection and | ||
preparation for bulk shipment or cover cost for subsection (e) | ||
of Section 1-45.
| ||
(h) Nothing in this Act shall prevent an individual from | ||
acting as a collector independently of a manufacturer e-waste | ||
program.
| ||
Section 1-50. Penalties. | ||
(a) Except as otherwise provided in this Act, any person | ||
who violates any provision of this Act is liable for a civil | ||
penalty of $1,000 for the violation.
|
(b) The penalties provided for in this Section may be | ||
recovered in a civil action brought in the name of the people | ||
of the State of Illinois by the State's Attorney of the county | ||
in which the violation occurred or by the Attorney General. Any | ||
penalties collected under this Section in an action in which | ||
the Attorney General has prevailed shall be deposited in the | ||
Environmental Protection Trust Fund, to be used in accordance | ||
with the provisions of the Environmental Trust Fund Act.
| ||
(c) The Attorney General or the State's Attorney of a | ||
county in which a violation occurs may institute a civil action | ||
for an injunction, prohibitory or mandatory, to restrain | ||
violations of this Act or to require such actions as may be | ||
necessary to address violations of this Act.
| ||
(d) A fine imposed by administrative citation pursuant to | ||
Section 1-55 of this Act shall be $1,000 per violation, plus | ||
any hearing costs incurred by the Illinois Pollution Control | ||
Board and the Agency. Such fines shall be made payable to the | ||
Environmental Protection Trust Fund to be used in accordance | ||
with the Environmental Protection Trust Fund Act. | ||
(e) The penalties and injunctions provided in this Act are | ||
in addition to any penalties, injunctions, or other relief | ||
provided under any other law. Nothing in this Act bars a cause | ||
of action by the State for any other penalty, injunction, or | ||
other relief provided by any other law.
| ||
(f) A knowing violation of subsections (a), (b), or (c) of | ||
Section 1-83 of this Act by anyone other than a residential |
consumer is a petty offense punishable by a fine of $500. A | ||
knowing violation of subsections (a), (b), or (c) of Section | ||
1-83 by a residential consumer is a petty offense punishable by | ||
a fine of $25 for a first violation; however, a subsequent | ||
violation by a residential consumer is a petty offense | ||
punishable by a fine of $50. | ||
Section 1-55. Administrative citations. | ||
(a) Any violation of a registration requirement in Sections | ||
1-30, 1-40, or 1-45 of this Act, any violation of the reporting | ||
requirement in paragraph (4) of subsection (b) of Section 1-10 | ||
of this Act, and any violation of the plan submission | ||
requirement in subsection (a) of Section 1-25 of this Act shall | ||
be enforceable by administrative citation issued by the Agency. | ||
Whenever Agency personnel shall, on the basis of direct | ||
observation, determine that any person has violated any of | ||
those provisions, the Agency may issue and serve, within 60 | ||
days after the observed violation, an administrative citation | ||
upon that person. Each citation shall be served upon the person | ||
named or the person's authorized agent for service of process | ||
and shall include the following:
| ||
(1) a statement specifying the provisions of this Act | ||
that the person has violated;
| ||
(2) the penalty imposed under subsection (d) of Section | ||
1-50 of this Act for that violation; and
| ||
(3) an affidavit by the personnel observing the |
violation, attesting to their material actions and | ||
observations.
| ||
(b) If the person named in the administrative citation | ||
fails to petition the Illinois Pollution Control Board for | ||
review within 35 days after the date of service, then the Board | ||
shall adopt a final order, which shall include the | ||
administrative citation and findings of violation as alleged in | ||
the citation and shall impose the penalty specified in | ||
subsection (d) of Section 1-50 of this Act.
| ||
(c) If a petition for review is filed with the Board to | ||
contest an administrative citation issued under this Section, | ||
then the Agency shall appear as a complainant at a hearing | ||
before the Board to be conducted pursuant to subsection (d) of | ||
this Section at a time not less than 21 days after notice of | ||
the hearing has been sent by the Board to the Agency and the | ||
person named in the citation. In those hearings, the burden of | ||
proof shall be on the Agency. If, based on the record, the | ||
Board finds that the alleged violation occurred, then the Board | ||
shall adopt a final order, which shall include the | ||
administrative citation and findings of violation as alleged in | ||
the citation, and shall impose the penalty specified in | ||
subsection (d) of Section 1-50 of this Act. However, if the | ||
Board finds that the person appealing the citation has shown | ||
that the violation resulted from uncontrollable circumstances, | ||
then the Board shall adopt a final order that makes no finding | ||
of violation and imposes no penalty.
|
(d) All hearings under this Section shall be held before a | ||
qualified hearing officer, who may be attended by one or more | ||
members of the Board, designated by the Chairman. All of these | ||
hearings shall be open to the public, and any person may submit | ||
written statements to the Board in connection with the subject | ||
of these hearings. In addition, the Board may permit any person | ||
to offer oral testimony. Any party to a hearing under this | ||
Section may be represented by counsel, make oral or written | ||
argument, offer testimony, cross-examine witnesses, or take | ||
any combination of those actions. All testimony taken before | ||
the Board shall be recorded stenographically. The transcript so | ||
recorded and any additional matter accepted for the record | ||
shall be open to public inspection, and copies of those | ||
materials shall be made available to any person upon payment of | ||
the actual cost of reproducing the original.
| ||
Section 1-60. Delegation of county rights and | ||
responsibilities to municipal joint action agency. If a county | ||
has delegated to a municipal joint action agency certain powers | ||
or responsibilities under Section 3.2 of the Intergovernmental | ||
Cooperation Act with respect to certain geographic areas of the | ||
county, then the executive director of the municipal joint | ||
action agency shall have, with respect to those geographic | ||
areas, the rights and responsibilities that this Act would | ||
otherwise afford to the county. If a county elects not to | ||
participate in the program, then a municipal joint action |
agency representing residents within the geographic area of the | ||
municipal joint action agency can elect to participate in the | ||
program. | ||
Section 1-65. Relation to other State laws. Nothing in this | ||
Act affects the validity or application of any other law of | ||
this State, or regulations adopted thereunder. | ||
Section 1-75. CRT Retrievable Storage. In order to further | ||
the policy of the State to reduce the environmental and | ||
economic impacts of transporting and managing cathode-ray tube | ||
(CRT) glass, and to support (i) the beneficial use of CRTs in | ||
accordance with beneficial use determinations issued by the | ||
Agency under Section 22.54 of the Environmental Protection Act | ||
and (ii) the storage of CRTs in retrievable storage cells at | ||
locations within the State for future recovery; for the purpose | ||
of this Act, a CRT shall be considered to be recycled if: | ||
(1) all recyclable components are removed from the | ||
device; and
| ||
(2) the glass from the device is either:
| ||
(A) beneficially reused in accordance with a | ||
beneficial use determination issued under Section | ||
22.54 of the Environmental Protection Act; or
| ||
(B) placed in a storage cell, in a manner that | ||
allows it to be retrieved in the future, at a waste | ||
disposal site that is permitted to accept the glass.
|
Section 1-80. Collection of CEDs outside of the | ||
manufacturer e-waste program. | ||
(a) Nothing in this Act prohibits a waste hauler from | ||
entering into a contractual agreement with a unit of local | ||
government to establish a collection program for the recycling | ||
or reuse of CEDs, including services such as curbside | ||
collection, home pick-up, drop-off locations, or similar | ||
methods of collection. | ||
(b) Nothing in this Act shall prohibit a person from | ||
establishing an e-waste program independently of a | ||
manufacturer e-waste program. | ||
Section 1-83. Landfill ban. | ||
(a) Beginning January 1, 2019, no person may knowingly | ||
cause or allow the mixing of a CED, or any other computer, | ||
computer monitor, printer, television, electronic keyboard, | ||
facsimile machine, videocassette recorder, portable digital | ||
music player, digital video disc player, video game console, | ||
electronic mouse, scanner, digital converter box, cable | ||
receiver, satellite receiver, digital video disc recorder, or | ||
small-scale server with municipal waste that is intended for | ||
disposal at a landfill. | ||
(b) Beginning January 1, 2019, no person may knowingly | ||
cause or allow the disposal of a CED or any other computer, | ||
computer monitor, printer, television, electronic keyboard, |
facsimile machine, videocassette recorder, portable digital | ||
music player, digital video disc player, video game console, | ||
electronic mouse, scanner, digital converter box, cable | ||
receiver, satellite receiver, digital video disc recorder, or | ||
small-scale server in a sanitary landfill. | ||
(c) Beginning January 1, 2019, no person may knowingly | ||
cause or allow the mixing of a CED, or any other computer, | ||
computer monitor, printer, television, electronic keyboard, | ||
facsimile machine, videocassette recorder, portable digital | ||
music player, digital video disc player, video game console, | ||
electronic mouse, scanner, digital converter box, cable | ||
receiver, satellite receiver, digital video disc recorder, or | ||
small-scale server with waste that is intended for disposal by | ||
burning or incineration. | ||
(d) Beginning January 1, 2019, no person may knowingly | ||
cause or allow the burning or incineration of a CED, or any | ||
other computer, computer monitor, printer, television, | ||
electronic keyboard, facsimile machine, videocassette | ||
recorder, portable digital music player, digital video disc | ||
player, video game console, electronic mouse, scanner, digital | ||
converter box, cable receiver, satellite receiver, digital | ||
video disc recorder, or small-scale server. | ||
Section 1-85. Best practices. By November 1, 2018 and | ||
November 1 of each year thereafter, an advisory stakeholder | ||
group shall submit a document, to be approved annually by a |
majority of the stakeholder group, of agreed-to best practices | ||
to be used in the following program year and made available on | ||
the Agency website. The best practices stakeholder group shall | ||
be made up of 8 members, appointed by the Director of the | ||
Agency, including 2 representatives of county programs, 2 | ||
representatives of recycling companies, 2 representatives from | ||
the manufacturing industry, one representative from a | ||
statewide trade association representing retailers, one | ||
representative of a statewide trade association representing | ||
manufacturers, one representative of a statewide trade | ||
association representing waste disposal companies, and one | ||
representative of a national trade association representing | ||
manufacturers. | ||
Section 1-86. Public Reporting. Each year, the Agency shall | ||
post on its website the information it receives pursuant to | ||
subdivision (b)(4) of Section 1-10 showing the amounts of | ||
residential CEDs being collected and recycled in each county in | ||
each program year. The Agency shall notify the General Assembly | ||
of the availability of this information. | ||
Section 1-90. Repeal. This Article is repealed on December | ||
31, 2026. | ||
ARTICLE 5. AMENDATORY PROVISIONS |
(30 ILCS 105/5.716 rep.) | ||
Section 5-5. The State Finance Act is amended by repealing | ||
Section 5.716. | ||
Section 5-10. The Environmental Protection Act is amended | ||
by changing Section 22.15 as follows:
| ||
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
| ||
Sec. 22.15. Solid Waste Management Fund; fees.
| ||
(a) There is hereby created within the State Treasury a
| ||
special fund to be known as the "Solid Waste Management Fund", | ||
to be
constituted from the fees collected by the State pursuant | ||
to this Section ,
and from repayments of loans made from the | ||
Fund for solid waste projects , from registration fees collected | ||
pursuant to the Consumer Electronics Recycling Act, and from | ||
amounts transferred into the Fund pursuant to this amendatory | ||
Act of the 100th General Assembly .
Moneys received by the | ||
Department of Commerce and Economic Opportunity
in repayment of | ||
loans made pursuant to the Illinois Solid Waste Management
Act | ||
shall be deposited into the General Revenue Fund.
| ||
(b) The Agency shall assess and collect a
fee in the amount | ||
set forth herein from the owner or operator of each sanitary
| ||
landfill permitted or required to be permitted by the Agency to | ||
dispose of
solid waste if the sanitary landfill is located off | ||
the site where such waste
was produced and if such sanitary | ||
landfill is owned, controlled, and operated
by a person other |
than the generator of such waste. The Agency shall deposit
all | ||
fees collected into the Solid Waste Management Fund. If a site | ||
is
contiguous to one or more landfills owned or operated by the | ||
same person, the
volumes permanently disposed of by each | ||
landfill shall be combined for purposes
of determining the fee | ||
under this subsection.
| ||
(1) If more than 150,000 cubic yards of non-hazardous | ||
solid waste is
permanently disposed of at a site in a | ||
calendar year, the owner or operator
shall either pay a fee | ||
of 95 cents per cubic yard or,
alternatively, the owner or | ||
operator may weigh the quantity of the solid waste
| ||
permanently disposed of with a device for which | ||
certification has been obtained
under the Weights and | ||
Measures Act and pay a fee of $2.00 per
ton of solid waste | ||
permanently disposed of. In no case shall the fee collected
| ||
or paid by the owner or operator under this paragraph | ||
exceed $1.55 per cubic yard or $3.27 per ton.
| ||
(2) If more than 100,000 cubic yards but not more than | ||
150,000 cubic
yards of non-hazardous waste is permanently | ||
disposed of at a site in a calendar
year, the owner or | ||
operator shall pay a fee of $52,630.
| ||
(3) If more than 50,000 cubic yards but not more than | ||
100,000 cubic
yards of non-hazardous solid waste is | ||
permanently disposed of at a site
in a calendar year, the | ||
owner or operator shall pay a fee of $23,790.
| ||
(4) If more than 10,000 cubic yards but not more than |
50,000 cubic
yards of non-hazardous solid waste is | ||
permanently disposed of at a site
in a calendar year, the | ||
owner or operator shall pay a fee of $7,260.
| ||
(5) If not more than 10,000 cubic yards of | ||
non-hazardous solid waste is
permanently disposed of at a | ||
site in a calendar year, the owner or operator
shall pay a | ||
fee of $1050.
| ||
(c) (Blank).
| ||
(d) The Agency shall establish rules relating to the | ||
collection of the
fees authorized by this Section. Such rules | ||
shall include, but not be
limited to:
| ||
(1) necessary records identifying the quantities of | ||
solid waste received
or disposed;
| ||
(2) the form and submission of reports to accompany the | ||
payment of fees
to the Agency;
| ||
(3) the time and manner of payment of fees to the | ||
Agency, which payments
shall not be more often than | ||
quarterly; and
| ||
(4) procedures setting forth criteria establishing | ||
when an owner or
operator may measure by weight or volume | ||
during any given quarter or other
fee payment period.
| ||
(e) Pursuant to appropriation, all monies in the Solid | ||
Waste Management
Fund shall be used by the Agency and the | ||
Department of Commerce and Economic Opportunity for the | ||
purposes set forth in this Section and in the Illinois
Solid | ||
Waste Management Act, including for the costs of fee collection |
and
administration , and for the administration of (1) the | ||
Consumer Electronics Recycling Act and (2) until January 1, | ||
2020, the Electronic Products Recycling and Reuse Act .
| ||
(f) The Agency is authorized to enter into such agreements | ||
and to
promulgate such rules as are necessary to carry out its | ||
duties under this
Section and the Illinois Solid Waste | ||
Management Act.
| ||
(g) On the first day of January, April, July, and October | ||
of each year,
beginning on July 1, 1996, the State Comptroller | ||
and Treasurer shall
transfer $500,000 from the Solid Waste | ||
Management Fund to the Hazardous Waste
Fund. Moneys transferred | ||
under this subsection (g) shall be used only for the
purposes | ||
set forth in item (1) of subsection (d) of Section 22.2.
| ||
(h) The Agency is authorized to provide financial | ||
assistance to units of
local government for the performance of | ||
inspecting, investigating and
enforcement activities pursuant | ||
to Section 4(r) at nonhazardous solid
waste disposal sites.
| ||
(i) The Agency is authorized to support the operations of | ||
an industrial
materials exchange service, and to conduct | ||
household waste collection and
disposal programs.
| ||
(j) A unit of local government, as defined in the Local | ||
Solid Waste Disposal
Act, in which a solid waste disposal | ||
facility is located may establish a fee,
tax, or surcharge with | ||
regard to the permanent disposal of solid waste.
All fees, | ||
taxes, and surcharges collected under this subsection shall be
| ||
utilized for solid waste management purposes, including |
long-term monitoring
and maintenance of landfills, planning, | ||
implementation, inspection, enforcement
and other activities | ||
consistent with the Solid Waste Management Act and the
Local | ||
Solid Waste Disposal Act, or for any other environment-related | ||
purpose,
including but not limited to an environment-related | ||
public works project, but
not for the construction of a new | ||
pollution control facility other than a
household hazardous | ||
waste facility. However, the total fee, tax or surcharge
| ||
imposed by all units of local government under this subsection | ||
(j) upon the
solid waste disposal facility shall not exceed:
| ||
(1) 60¢ per cubic yard if more than 150,000 cubic yards | ||
of non-hazardous
solid waste is permanently disposed of at | ||
the site in a calendar year, unless
the owner or operator | ||
weighs the quantity of the solid waste received with a
| ||
device for which certification has been obtained under the | ||
Weights and Measures
Act, in which case the fee shall not | ||
exceed $1.27 per ton of solid waste
permanently disposed | ||
of.
| ||
(2) $33,350 if more than 100,000
cubic yards, but not | ||
more than 150,000 cubic yards, of non-hazardous waste
is | ||
permanently disposed of at the site in a calendar year.
| ||
(3) $15,500 if more than 50,000 cubic
yards, but not | ||
more than 100,000 cubic yards, of non-hazardous solid waste | ||
is
permanently disposed of at the site in a calendar year.
| ||
(4) $4,650 if more than 10,000 cubic
yards, but not | ||
more than 50,000 cubic yards, of non-hazardous solid waste
|
is permanently disposed of at the site in a calendar year.
| ||
(5) $$650 if not more than 10,000 cubic
yards of | ||
non-hazardous solid waste is permanently disposed of at the | ||
site in
a calendar year.
| ||
The corporate authorities of the unit of local government
| ||
may use proceeds from the fee, tax, or surcharge to reimburse a | ||
highway
commissioner whose road district lies wholly or | ||
partially within the
corporate limits of the unit of local | ||
government for expenses incurred in
the removal of | ||
nonhazardous, nonfluid municipal waste that has been dumped
on | ||
public property in violation of a State law or local ordinance.
| ||
A county or Municipal Joint Action Agency that imposes a | ||
fee, tax, or
surcharge under this subsection may use the | ||
proceeds thereof to reimburse a
municipality that lies wholly | ||
or partially within its boundaries for expenses
incurred in the | ||
removal of nonhazardous, nonfluid municipal waste that has been
| ||
dumped on public property in violation of a State law or local | ||
ordinance.
| ||
If the fees are to be used to conduct a local sanitary | ||
landfill
inspection or enforcement program, the unit of local | ||
government must enter
into a written delegation agreement with | ||
the Agency pursuant to subsection
(r) of Section 4. The unit of | ||
local government and the Agency shall enter
into such a written | ||
delegation agreement within 60 days after the
establishment of | ||
such fees. At least annually,
the Agency shall conduct an audit | ||
of the expenditures made by units of local
government from the |
funds granted by the Agency to the units of local
government | ||
for purposes of local sanitary landfill inspection and | ||
enforcement
programs, to ensure that the funds have been | ||
expended for the prescribed
purposes under the grant.
| ||
The fees, taxes or surcharges collected under this | ||
subsection (j) shall
be placed by the unit of local government | ||
in a separate fund, and the
interest received on the moneys in | ||
the fund shall be credited to the fund. The
monies in the fund | ||
may be accumulated over a period of years to be
expended in | ||
accordance with this subsection.
| ||
A unit of local government, as defined in the Local Solid | ||
Waste Disposal
Act, shall prepare and distribute to the Agency, | ||
in April of each year, a
report that details spending plans for | ||
monies collected in accordance with
this subsection. The report | ||
will at a minimum include the following:
| ||
(1) The total monies collected pursuant to this | ||
subsection.
| ||
(2) The most current balance of monies collected | ||
pursuant to this
subsection.
| ||
(3) An itemized accounting of all monies expended for | ||
the previous year
pursuant to this subsection.
| ||
(4) An estimation of monies to be collected for the | ||
following 3
years pursuant to this subsection.
| ||
(5) A narrative detailing the general direction and | ||
scope of future
expenditures for one, 2 and 3 years.
| ||
The exemptions granted under Sections 22.16 and 22.16a, and |
under
subsection (k) of this Section, shall be applicable to | ||
any fee,
tax or surcharge imposed under this subsection (j); | ||
except that the fee,
tax or surcharge authorized to be imposed | ||
under this subsection (j) may be
made applicable by a unit of | ||
local government to the permanent disposal of
solid waste after | ||
December 31, 1986, under any contract lawfully executed
before | ||
June 1, 1986 under which more than 150,000 cubic yards (or | ||
50,000 tons)
of solid waste is to be permanently disposed of, | ||
even though the waste is
exempt from the fee imposed by the | ||
State under subsection (b) of this Section
pursuant to an | ||
exemption granted under Section 22.16.
| ||
(k) In accordance with the findings and purposes of the | ||
Illinois Solid
Waste Management Act, beginning January 1, 1989 | ||
the fee under subsection
(b) and the fee, tax or surcharge | ||
under subsection (j) shall not apply to:
| ||
(1) Waste which is hazardous waste; or
| ||
(2) Waste which is pollution control waste; or
| ||
(3) Waste from recycling, reclamation or reuse | ||
processes which have been
approved by the Agency as being | ||
designed to remove any contaminant from
wastes so as to | ||
render such wastes reusable, provided that the process
| ||
renders at least 50% of the waste reusable; or
| ||
(4) Non-hazardous solid waste that is received at a | ||
sanitary landfill
and composted or recycled through a | ||
process permitted by the Agency; or
| ||
(5) Any landfill which is permitted by the Agency to |
receive only
demolition or construction debris or | ||
landscape waste.
| ||
(Source: P.A. 97-333, eff. 8-12-11.)
| ||
Section 5-15. The Electronic Products Recycling and Reuse | ||
Act is amended by changing Sections 15, 20, 30, 40, 50, 55, 60, | ||
and 85 and by adding Section 100 as follows: | ||
(415 ILCS 150/15)
| ||
Sec. 15. Statewide recycling and reuse goals for all | ||
covered electronic devices. | ||
(a) For program year 2010, the statewide recycling or reuse | ||
goal for all CEDs is the product of: (i) the latest population | ||
estimate for the State, as published on the U.S. Census | ||
Bureau's website on January 1, 2010; multiplied by (ii) 2.5 | ||
pounds per capita. | ||
(b) For program year 2011, the statewide recycling or reuse | ||
goal for all CEDs is the product of: (i) the 2010 base weight; | ||
multiplied by (ii) the 2010 goal attainment percentage. | ||
For the purposes of this subsection (b): | ||
The "2010 base weight" means the greater of: (i) twice the | ||
total weight of all CEDs that were recycled or processed for | ||
reuse between January 1, 2010 and June 30, 2010 as reported to | ||
the Agency under subsection (i) or (j) of Section 30; or (ii) | ||
twice the total weight of all CEDs that were recycled or | ||
processed for reuse between January 1, 2010 and June 30, 2010 |
as reported to the Agency under subsection (c) of Section 55. | ||
The "2010 goal attainment percentage" means: | ||
(1) 90% if the 2010 base weight is less than 90% of the | ||
statewide recycling or reuse goal for program year 2010; | ||
(2) 95% if the 2010 base weight is 90% or greater, but | ||
does not exceed 95%, of the statewide recycling or reuse | ||
goal for program year 2010; | ||
(3) 100% if the 2010 base weight is 95% or greater, but | ||
does not exceed 105%, of the statewide recycling or reuse | ||
goal for program year 2010; | ||
(4) 105% if the 2010 base weight is 105% or greater, | ||
but does not exceed 110%, of the statewide recycling or | ||
reuse goal for program year 2010; and | ||
(5) 110% if the 2010 base weight is 110% or greater of | ||
the statewide recycling or reuse goal for program year | ||
2010. | ||
(c) For program year 2012 and for each of the following | ||
categories of electronic devices, each manufacturer shall | ||
recycle or reuse at least 40% of the total weight of the | ||
electronic devices that the manufacturer sold in that category | ||
in Illinois during the calendar year beginning January 1, 2010: | ||
computers, monitors, televisions, printers, electronic | ||
keyboards, facsimile machines, video cassette recorders, | ||
portable digital music players, digital video disc players, | ||
video game consoles, electronic mice, scanners, digital | ||
converter boxes, cable receivers, satellite receivers, digital |
video disc recorders, and small-scale servers. To determine the | ||
manufacturer's annual recycling or reuse goal, the | ||
manufacturer shall use its own Illinois sales data or its own | ||
national sales data proportioned to Illinois' share of the U.S. | ||
population, based on the U.S. Census population estimate for | ||
2009. | ||
(c-5) For program year 2013 and program year 2014 and for | ||
each of the following categories of electronic devices, each | ||
manufacturer shall recycle or reuse at least 50% of the total | ||
weight of the electronic devices that the manufacturer sold in | ||
that category in Illinois during the calendar year 2 years | ||
before the applicable program year: computers, monitors, | ||
televisions, printers, electronic keyboards, facsimile | ||
machines, video cassette recorders, portable digital music | ||
players, digital video disc players, video game consoles, | ||
electronic mice, scanners, digital converter boxes, cable | ||
receivers, satellite receivers, digital video disc recorders, | ||
and small-scale servers. | ||
To determine the manufacturer's annual recycling or reuse | ||
goal, the manufacturer shall use its own Illinois sales data or | ||
its own national sales data proportioned to Illinois' share of | ||
the U.S. population, based on the most recent U.S. Census data. | ||
(c-6) For program year 2015, the total annual recycling | ||
goal for all manufacturers shall be as follows: | ||
(1) 30,800,000 pounds for manufacturers of televisions | ||
and computer monitors; and |
(2) 15,800,000 pounds for manufacturers of all other | ||
covered electronic devices. | ||
For program year 2016 and program year 2017 and program | ||
year 2018 , the total annual recycling goal for all
| ||
manufacturers shall be as follows: | ||
(1) 34,000,000 pounds for manufacturers of televisions | ||
and computer monitors; and | ||
(2) 15,600,000 pounds for manufacturers of all other | ||
covered electronic devices. | ||
An individual manufacturer's annual recycling goal for | ||
televisions, computer monitors,
and all other covered | ||
electronic devices shall be in proportion to the manufacturer's | ||
market share of those product types sold in Illinois during the | ||
calendar year 2 years before the applicable program year. | ||
For program year 2018 and thereafter, and for each of the | ||
following categories of electronic devices, each manufacturer | ||
shall recycle or reuse at least 50% of the total weight of the | ||
electronic devices that the manufacturer sold in that category | ||
in Illinois during the calendar year 2 years before the | ||
applicable program year: computers, monitors, televisions, | ||
printers, electronic keyboards, facsimile machines, video | ||
cassette recorders, portable digital music players, digital | ||
video disc players, video game consoles, electronic mice, | ||
scanners, digital converter boxes, cable receivers, satellite | ||
receivers, digital video disc recorders, and small-scale | ||
servers. |
To determine the manufacturer's annual recycling or reuse | ||
goal for program year 2018 and thereafter, the manufacturer | ||
shall use its own Illinois sales data or its own national sales | ||
data proportioned to Illinois' share of the U.S. population, | ||
based on the most recent U.S. census data. | ||
(d) In order to further the policy of the State of Illinois | ||
to reduce the environmental and economic impacts of | ||
transporting and managing cathode-ray tube (CRT) glass, and to | ||
support (i) the beneficial use of CRTs in accordance with | ||
beneficial use determinations issued by the Agency under | ||
Section 22.54 of the Environmental Protection Act and (ii) the | ||
storage of CRTs in retrievable storage cells at locations | ||
within the State for future recovery, the total weight of a CRT | ||
device, prior to processing, may be applied toward the | ||
manufacturer's annual recycling or reuse goal, provided that: | ||
(1) all recyclable components are removed from the | ||
device; and | ||
(2) the glass from the device is either: | ||
(A) beneficially reused in accordance with a | ||
beneficial use determination issued under Section | ||
22.54 of the Environmental Protection Act; or | ||
(B) placed in a storage cell, in a manner that | ||
allows it to be retrieved in the future, at a waste | ||
disposal site that is permitted to accept the glass.
| ||
(Source: P.A. 99-13, eff. 7-10-15.) |
(415 ILCS 150/20)
| ||
Sec. 20. Agency responsibilities. | ||
(a) The Agency has the authority to monitor compliance with | ||
this Act, enforce violations of the Act by administrative | ||
citation, and refer violations of this Act to the Attorney | ||
General. | ||
(b) No later than October 1 of each program year, through | ||
October 1, 2017, the Agency shall post on its website a list of | ||
underserved counties in the State for the next program year. | ||
The list of underserved counties for program years 2010 and | ||
2011 is set forth in subsection (a) of Section 60. | ||
(c) From July 1, 2009 until December 31, 2015, the Agency | ||
shall implement a county and municipal government education | ||
campaign to inform those entities about this Act and the | ||
implications on solid waste collection in their localities. | ||
(c-5) Subject to appropriation, no No later than February | ||
1, 2012 and every February 1 thereafter, through February 1, | ||
2018, the Agency shall use a portion of the manufacturer, | ||
recycler, and refurbisher registration fees to provide a $2,000 | ||
grant to the recycling coordinator in each county of the State | ||
in order to inform residents in each county about this Act and | ||
opportunities to recycle CEDs and EEDs. The recycling | ||
coordinator shall expend the $2,000 grant before December 31 of | ||
the program year in which the grant is received. The recycling | ||
coordinator shall maintain records that document the use of the | ||
grant funds. |
(c-10) By June 15, 2012 and by December 15, 2012, and by | ||
every June 15 and December 15 thereafter through December 15, | ||
2015, the Agency shall meet with associations that represent | ||
Illinois retail merchants twice each year to discuss compliance | ||
with Section 40. | ||
(c-15) By December 15, 2012 and each December 15 | ||
thereafter, through December 15, 2018, the Agency shall post on | ||
its website: (i) the mailing address of each collection site at | ||
which collectors collected CEDs and EEDs during the program | ||
year and (ii) the amount in pounds of total CEDs and total EEDs | ||
collected at the collection site during the program year. | ||
(d) By July 1, 2011 for the first program year, and by May | ||
15 for all subsequent program years, except for program years | ||
2015, 2016, and 2017 , and 2018 , the Agency shall report to the | ||
Governor and to the General Assembly annually on the previous | ||
program year's performance. The report must be posted on the | ||
Agency's website. The report must include, but not be limited | ||
to, the following: | ||
(1) the total overall weight of CEDs, as well as the | ||
sub-total weight of computers, the sub-total weight of | ||
computer monitors, the sub-total weight of printers, the | ||
sub-total weight of televisions, and the total weight of | ||
EEDs that were recycled or processed for reuse in the State | ||
during the program year, as reported by manufacturers and | ||
collectors under Sections 30 and 55; | ||
(2) a listing of all collection sites, as set forth |
under subsection (a) of Section 55, and the addresses of | ||
those sites; | ||
(3) a statement showing, for the preceding program | ||
year, (i) the total weight of CEDs and EEDs collected, | ||
recycled, and processed for reuse by the manufacturers | ||
pursuant to Section 30, (ii) the total weight of CEDs | ||
processed for reuse by the manufacturers, and (iii) the | ||
total weight of CEDs collected by the collectors; | ||
(4) a listing of all entities or persons to whom the | ||
Agency issued an administrative citation or with respect to | ||
which the Agency made a referral for enforcement to the | ||
Attorney General's Office as a result of a violation of | ||
this Act; | ||
(5) a discussion of the Agency's education and outreach | ||
activities as set forth in subsection (c) of this Section; | ||
and | ||
(6) a discussion of the penalties, if any, incurred by | ||
manufacturers for failure to achieve recycling goals, and a | ||
recommendation to the General Assembly of any necessary or | ||
appropriate changes to the manufacturers' recycling goals | ||
or penalty provisions included in this Act. | ||
For program years 2015, 2016, and 2017 , and 2018 , the | ||
Agency shall make available on its website the information | ||
described in paragraphs (1) through (6) in whatever format it | ||
deems appropriate. | ||
(e) Through program year 2018, the The Agency shall post on |
its website: (1) a list of manufacturers that have paid the | ||
current year's registration fee as set forth in subsection (b) | ||
of Section 30; (2) a list of manufacturers that failed to pay | ||
the current year's registration fee as set forth in subsection | ||
(b) of Section 30; and (3) a list of registered collectors, the | ||
addresses of their collection sites, their business telephone | ||
numbers, and a link to their websites. | ||
(f) In program years 2012, 2013, and 2014, and at its | ||
discretion thereafter, the Agency shall convene and host an | ||
Electronic Products Recycling Conference. The Agency may host | ||
the conferences alone or with other public entities or with | ||
organizations associated with electronic products recycling. | ||
(g) No later than October 1 of each program year, through | ||
October 1, 2017, the Agency must post on its website the | ||
following information for the next program year: (i) the | ||
individual recycling and reuse goals for each manufacturer, as | ||
set forth in subsections (c) and (c-5) of Section 15, as | ||
applicable, and (ii) the total statewide recycling goal, | ||
determined by adding each individual manufacturer's annual | ||
goal. | ||
(h) By April 1, 2011, and by April 1 of all subsequent | ||
years, through April 1, 2019, the Agency shall award those | ||
manufacturers that have met or exceeded their recycling or | ||
reuse goals for the previous program year with an Electronic | ||
Industry Recycling Award. The award shall acknowledge that the | ||
manufacturer has met or exceeded its recycling goals and shall |
be posted on the Agency website and in other media as | ||
appropriate. | ||
(i) By March 1, 2011, and by March 1 of each subsequent | ||
year, through March 1, 2019, the Agency shall post on its | ||
website a list of registered manufacturers that have not met | ||
their annual recycling and reuse goal for the previous program | ||
year.
| ||
(j) By July 1, 2015, the Agency shall solicit written | ||
comments regarding all aspects of the program codified in this | ||
Act, for the purpose of determining if the program requires any | ||
modifications. | ||
(1) Issues to be reviewed by the Agency are, but not | ||
limited to, the following: | ||
(A) Sufficiency of the annual statewide recycling | ||
goals. | ||
(B) Fairness of the formulas used to determine | ||
individual manufacturer goals. | ||
(C) Adequacy of, or the need for, continuation of | ||
the credits outlined in Section 30(d)(1) through (3). | ||
(D) Any temporary rescissions of county landfill | ||
bans granted by the Illinois Pollution Control Board | ||
pursuant to Section 95(e). | ||
(E) Adequacy of, or the need for, the penalties | ||
listed in Section 80 of this Act, which are scheduled | ||
to take effect on January 1, 2013. | ||
(F) Adequacy of the collection systems that have |
been implemented as a result of this Act, with a | ||
particular focus on promoting the most cost-effective | ||
and convenient collection system possible for Illinois | ||
residents. | ||
(2) By July 1, 2015, the Agency shall complete its | ||
review of the written comments received, as well as its own | ||
reports on the preceding program years. By August 1, 2015, | ||
the Agency shall hold a public hearing to present its | ||
findings and solicit additional comments. All additional | ||
comments shall be submitted to the Agency in writing no | ||
later than October 1, 2015. | ||
(3) The Agency's final report, which shall be issued no | ||
later than February 1, 2016, shall be submitted to the | ||
Governor and the General Assembly and shall include | ||
specific recommendations for any necessary or appropriate | ||
modifications to the program.
| ||
(k) Through December 31, 2019, any Any violation of this | ||
Act shall be enforceable by administrative citation. Whenever | ||
the Agency personnel or county personnel to whom the Agency has | ||
delegated the authority to monitor compliance with this Act | ||
shall, on the basis of direct observation, determine that any | ||
person has violated any provision of this Act, the Agency or | ||
county personnel may issue and serve, within 60 days after the | ||
observed violation, an administrative citation upon that | ||
person or the entity employing that person. Each citation shall | ||
be served upon the person named or the person's authorized |
agent for service of process and shall include the following: | ||
(1) a statement specifying the provisions of this Act | ||
that the person or the entity employing the person has | ||
violated; | ||
(2) a copy of the inspection report in which the Agency | ||
or local government recorded the violation and the date and | ||
time of the inspection; | ||
(3) the penalty imposed under Section 80; and | ||
(4) an affidavit by the personnel observing the | ||
violation, attesting to their material actions and | ||
observations. | ||
(l) If the person named in the administrative citation | ||
fails to petition the Illinois Pollution Control Board for | ||
review within 35 days after the date of service, the Board | ||
shall adopt a final order, which shall include the | ||
administrative citation and findings of violation as alleged in | ||
the citation and shall impose the penalty specified in Section | ||
80. | ||
(m) If a petition for review is filed with the Board to | ||
contest an administrative citation issued under this Section, | ||
the Agency or unit of local government shall appear as a | ||
complainant at a hearing before the Board to be conducted | ||
pursuant to subsection (n) of this Section at a time not less | ||
than 21 days after notice of the hearing has been sent by the | ||
Board to the Agency or unit of local government and the person | ||
named in the citation. In those hearings, the burden of proof |
shall be on the Agency or unit of local government. If, based | ||
on the record, the Board finds that the alleged violation | ||
occurred, it shall adopt a final order, which shall include the | ||
administrative citation and findings of violation as alleged in | ||
the citation, and shall impose the penalty specified in Section | ||
80 of this Act. However, if the Board finds that the person | ||
appealing the citation has shown that the violation resulted | ||
from uncontrollable circumstances, the Board shall adopt a | ||
final order that makes no finding of violation and imposes no | ||
penalty. | ||
(n) All hearings under this Act shall be held before a | ||
qualified hearing officer, who may be attended by one or more | ||
members of the Board, designated by the Chairman. All of these | ||
hearings shall be open to the public, and any person may submit | ||
written statements to the Board in connection with the subject | ||
of these hearings. In addition, the Board may permit any person | ||
to offer oral testimony.
Any party to a hearing under this | ||
subsection may be represented by counsel, make oral or written | ||
argument, offer testimony, cross-examine witnesses, or take | ||
any combination of those actions. All testimony taken before | ||
the Board shall be recorded stenographically. The transcript so | ||
recorded and any additional matter accepted for the record | ||
shall be open to public inspection, and copies of those | ||
materials shall be made available to any person upon payment of | ||
the actual cost of reproducing the original. | ||
(o) Through December 31, 2019, counties Counties that have |
entered into a delegation agreement with the Agency pursuant to | ||
subsection (r) of Section 4 of the Illinois Environmental | ||
Protection Act for the purpose of conducting inspection, | ||
investigation, or enforcement-related functions may conduct | ||
inspections for noncompliance with this Act. | ||
(Source: P.A. 98-714, eff. 7-16-14; 99-13, eff. 7-10-15.) | ||
(415 ILCS 150/30) | ||
Sec. 30. Manufacturer responsibilities. | ||
(a) Prior to April 1, 2009 for the first program year, and | ||
by October 1 for program year 2011 and each program year | ||
thereafter, through program year 2018, manufacturers who sell | ||
computers, computer monitors, printers, televisions, | ||
electronic keyboards, facsimile machines, videocassette | ||
recorders, portable digital music players, digital video disc | ||
players, video game consoles, electronic mice, scanners, | ||
digital converter boxes, cable receivers, satellite receivers, | ||
digital video disc recorders, or small-scale servers in this | ||
State must register with the Agency. The registration must be | ||
submitted in the form and manner required by the Agency. The | ||
registration must include, without limitation, all of the | ||
following: | ||
(1) a list of all of the manufacturer's brands of | ||
computers, computer monitors, printers, televisions, | ||
electronic keyboards, facsimile machines, videocassette | ||
recorders, portable digital music players, digital video |
disc players, video game consoles, electronic mice, | ||
scanners, digital converter boxes, cable receivers, | ||
satellite receivers, digital video disc recorders, and | ||
small-scale servers to be offered for sale in the next | ||
program year; | ||
(2) (blank); and | ||
(3) a statement disclosing whether any of the | ||
manufacturer's computers, computer monitors, printers, | ||
televisions, electronic keyboards, facsimile machines, | ||
videocassette recorders, portable digital music players, | ||
digital video disc players, video game consoles, | ||
electronic mice, scanners, digital converter boxes, cable | ||
receivers, satellite receivers, digital video disc | ||
recorders, or small-scale servers sold in this State exceed | ||
the maximum concentration values established for lead, | ||
mercury, cadmium, hexavalent chromium, polybrominated | ||
biphenyls (PBBs), and polybrominated diphenyl ethers | ||
(PBDEEs) under the RoHS (restricting the use of certain | ||
hazardous substances in electrical and electronic | ||
equipment) Directive 2002/95/EC of the European Parliament | ||
and Council and any amendments thereto and, if so, an | ||
identification of the aforementioned electronic device | ||
that exceeds the directive. | ||
If, during the program year, any of the manufacturer's | ||
aforementioned electronic devices are sold or offered for sale | ||
in Illinois under a new brand that is not listed in the |
manufacturer's registration, then, within 30 days after the | ||
first sale or offer for sale under the new brand, the | ||
manufacturer must amend its registration to add the new brand. | ||
(b) Prior to July 1, 2009 for the first program year, and | ||
by the November 1 preceding each program year thereafter, | ||
through program year 2018 years 2011 and later , all | ||
manufacturers whose computers, computer monitors, printers, | ||
televisions, electronic keyboards, facsimile machines, | ||
videocassette recorders, portable digital music players, | ||
digital video disc players, video game consoles, electronic | ||
mice, scanners, digital converter boxes, cable receivers, | ||
satellite receivers, digital video disc recorders, or | ||
small-scale servers are offered for sale in the State shall | ||
submit to the Agency, at an address prescribed by the Agency, | ||
the registration fee for the next program year. The | ||
registration fee for program year 2010 is $5,000. The | ||
registration fee for program year 2011 is $5,000, increased by | ||
the applicable inflation factor as described below. In program | ||
year 2012, if, in program year 2011, a manufacturer sold 250 or | ||
fewer of the aforementioned electronic devices in the State, | ||
then the registration fee for that manufacturer is $1,250. In | ||
each program year after 2012, if, in the preceding program | ||
year, a manufacturer sold 250 or fewer of the aforementioned | ||
electronic devices in the State, then the registration fee is | ||
the fee that applied in the previous year to manufacturers that | ||
sold that number of the aforementioned electronic devices, |
increased by the applicable inflation factor as described | ||
below. In program year 2012, if, in the preceding program year | ||
a manufacturer sold 251 or more of the aforementioned | ||
electronic devices in the State, then the registration fee for | ||
that manufacturer is $5,000. In each program year after 2012 | ||
through program year 2018 , if, in the preceding program year, a | ||
manufacturer sold 251 or more of the aforementioned electronic | ||
devices in the State, then the registration fee is the fee that | ||
applied in the previous year to manufacturers that sold that | ||
number of the aforementioned electronic devices, increased by | ||
the applicable inflation factor as described below. For program | ||
year 2011, program year 2013, and each program year thereafter, | ||
through program year 2018, the applicable registration fee is | ||
increased each year by an inflation factor determined by the | ||
annual Implicit Price Deflator for Gross National Product, as | ||
published by the U.S. Department of Commerce in its Survey of | ||
Current Business. The inflation factor must be calculated each | ||
year by dividing the latest published annual Implicit Price | ||
Deflator for Gross National Product by the annual Implicit | ||
Price Deflator for Gross National Product for the previous | ||
year. The inflation factor must be rounded to the nearest | ||
1/100th, and the resulting registration fee must be rounded to | ||
the nearest whole dollar. No later than October 1 of each | ||
program year, through October 1, 2017, the Agency shall post on | ||
its website the registration fee for the next program year. | ||
(c) Through program year 2018, a A manufacturer whose |
computers, computer monitors, printers, televisions, | ||
electronic keyboards, facsimile machines, videocassette | ||
recorders, portable digital music players, digital video disc | ||
players, video game consoles, electronic mice, scanners, | ||
digital converter boxes, cable receivers, satellite receivers, | ||
digital video disc recorders, or small-scale servers are sold | ||
or offered for sale in this State on or after January 1 of a | ||
program year must register with the Agency within 30 days after | ||
the first sale or offer for sale in accordance with subsection | ||
(a) of this Section and submit the registration fee required | ||
under subsection (b) of this Section prior to the | ||
aforementioned electronic devices being sold or offered for | ||
sale. | ||
(d) Through program year 2018, each Each manufacturer shall | ||
recycle or process for reuse CEDs and EEDs whose total weight | ||
equals or exceeds the manufacturer's individual recycling and | ||
reuse goal set forth in Section 15 of this Act. Individual | ||
consumers shall not be charged a fee when bringing their CEDs | ||
and EEDs to collection locations, unless a financial incentive | ||
of equal or greater value, such as a coupon, is provided. | ||
Collectors may charge a fee for premium services such as | ||
curbside collection, home pick-up, or a similar method of | ||
collection. | ||
When determining whether a manufacturer has met or exceeded | ||
its individual recycling and reuse goal set forth in Section 15 | ||
of this Act, all of the following adjustments must be made: |
(1) The total weight of CEDs processed by the | ||
manufacturer, its recyclers, or its refurbishers for reuse | ||
is doubled. | ||
(2) The total weight of CEDs is tripled if they are | ||
donated for reuse by the manufacturer to a primary or | ||
secondary public education institution the majority of | ||
whose students are considered low income or | ||
developmentally disabled or to low-income children or | ||
families or to assist the developmentally disabled in | ||
Illinois. This subsection applies only to CEDs for which | ||
the manufacturer has received a written confirmation that | ||
the recipient has accepted the donation. Copies of all | ||
written confirmations must be submitted in the annual | ||
report required under Section 30. | ||
(3) The total weight of CEDs collected by manufacturers | ||
free of charge in underserved counties is doubled. This | ||
subsection applies only to CEDs that are documented by | ||
collectors as being collected or received free of charge in | ||
underserved counties. This documentation must include, | ||
without limitation, the date and location of collection or | ||
receipt, the weight of the CEDs collected or received, and | ||
an acknowledgement by the collector that the CEDs were | ||
collected or received free of charge. Copies of the | ||
documentation must be submitted in the annual report | ||
required under subsection (h), (i), (j), (k), or (l) of | ||
Section 30. |
(4) If an entity (i) collects, recycles, or refurbishes | ||
CEDs for a manufacturer, (ii) qualifies for non-profit | ||
status under Section 501(c)(3) of the Internal Revenue Code | ||
of 1986, and (iii) at least 75% of its employees are | ||
developmentally disabled, then the total weight of CEDs | ||
will be tripled. A manufacturer that uses such a recycler | ||
or refurbisher shall submit documentation in the annual | ||
report required under Section 30 identifying the name, | ||
location, and length of service of the entity that | ||
qualifies for credit under this subsection. | ||
(e) (Blank). | ||
(f) Through program year 2018, manufacturers Manufacturers | ||
shall ensure that only recyclers and refurbishers that have | ||
registered with the Agency are used to meet the individual | ||
recycling and reuse goals set forth in this Act. | ||
(g) Through program year 2018, manufacturers Manufacturers | ||
shall ensure that the recyclers and refurbishers used to meet | ||
the individual recycling and reuse goals set forth in this Act | ||
shall, at a minimum, comply with the standards set forth under | ||
subsection (d) of Section 50 of this Act. By November 1, 2011 | ||
and every November 1 thereafter, through November 1, 2017, | ||
manufacturers shall submit a document, as prescribed by the | ||
Agency, listing each registered recycler and refurbisher that | ||
will be used to meet the manufacturer's annual CED recycling | ||
and reuse goal and certifying that those recyclers or | ||
refurbishers comply with the standards set forth in subsection |
(d) of Section 50. | ||
(h) By September 1, 2012 and every September 1 thereafter, | ||
through September 1, 2017, manufacturers of computers, | ||
computer monitors, printers, televisions, electronic | ||
keyboards, facsimile machines, videocassette recorders, | ||
portable digital music players, digital video disc players, | ||
video game consoles, electronic mice, scanners, digital | ||
converter boxes, cable receivers, satellite receivers, digital | ||
video disc recorders, or small-scale servers shall submit to | ||
the Agency, in the form and manner required by the Agency, a | ||
report that contains the total weight of the aforementioned | ||
electronic devices sold under each of the manufacturer's brands | ||
to individuals in this State as calculated under subsection (c) | ||
and (c-5) of Section 15, as applicable. Each manufacturer shall | ||
indicate on the report whether the total weight of the | ||
aforementioned electronic devices was derived from its own | ||
sales records or national sales data. If a manufacturer's | ||
weight for aforementioned electronic devices is derived from | ||
national sales data, the manufacturer shall indicate the source | ||
of the sales data. | ||
(i) (Blank). | ||
(j) (Blank). | ||
(k) (Blank). | ||
(l) On or before January 31, 2013 and on or before every | ||
January 31 thereafter, through January 31, 2019, manufacturers | ||
of computers, computer monitors, printers, televisions, |
electronic keyboards, facsimile machines, videocassette | ||
recorders, portable digital music players, digital video disc | ||
players, video game consoles, electronic mice, scanners, | ||
digital converter boxes, cable receivers, satellite receivers, | ||
digital video disc recorders, and small-scale servers shall | ||
submit to the Agency, on forms and in a format prescribed by | ||
the Agency, a report that contains all of the following | ||
information for the previous program year: | ||
(1) The total weight of computers, the total weight of | ||
computer monitors, the total weight of printers, facsimile | ||
machines, and scanners, the total weight of televisions, | ||
the total weight of the remaining CEDs, and the total | ||
weight of EEDs recycled or processed for reuse. | ||
(2) The identification of all weights that are adjusted | ||
under subsection (d) of this Section. For all weights | ||
adjusted under item (2) of subsection (d), the manufacturer | ||
must include copies of the written confirmation required | ||
under that subsection. | ||
(3) A list of each recycler, refurbisher, and collector | ||
used by the manufacturer to fulfill the manufacturer's | ||
individual recycling and reuse goal set forth in | ||
subsections (c) and (c-5) of Section 15 of this Act. | ||
(4) A summary of the manufacturer's consumer education | ||
program required under subsection (m) of this Section. | ||
(m) Through program year 2018, manufacturers Manufacturers | ||
must develop and maintain a consumer education program that |
complements and corresponds to the primary retailer-driven | ||
campaign required under Section 40 of this Act. The education | ||
program shall promote the recycling of electronic products and | ||
proper end-of-life management of the products by consumers. | ||
(n) Beginning January 1, 2012, and through December 31, | ||
2018, no manufacturer may sell a computer, computer monitor, | ||
printer, television, electronic keyboard, facsimile machine, | ||
videocassette recorder, portable digital music player, digital | ||
video disc player, video game console, electronic mouse, | ||
scanner, digital converter box, cable receiver, satellite | ||
receiver, digital video disc recorder, or small-scale server in | ||
this State unless the manufacturer is registered with the State | ||
as required under this Act, has paid the required registration | ||
fee, and is otherwise in compliance with the provisions of this | ||
Act. | ||
(o) Beginning January 1, 2012, and through December 31, | ||
2018, no manufacturer may sell a computer, computer monitor, | ||
printer, television, electronic keyboard, facsimile machine, | ||
videocassette recorder, portable digital music player, digital | ||
video disc player, video game console, electronic mouse, | ||
scanner, digital converter box, cable receiver, satellite | ||
receiver, digital video disc recorder, or small-scale server in | ||
this State unless the manufacturer's brand name is permanently | ||
affixed to, and is readily visible on, the computer, computer | ||
monitor, printer, or television. | ||
(Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.) |
(415 ILCS 150/40) | ||
Sec. 40. Retailer responsibilities. | ||
(a) Through program year 2018, retailers Retailers shall be | ||
a primary source of information about end-of-life options to | ||
residential consumers of computers, computer monitors, | ||
printers, and televisions. At the time of sale, the retailer | ||
shall provide each residential consumer with information from | ||
the Agency's website that provides information detailing where | ||
and how a consumer can recycle a CED or return a CED for reuse. | ||
(b) Beginning January 1, 2010, and through December 31, | ||
2018, no retailer may sell or offer for sale any computer, | ||
computer monitor, printer, or television in or for delivery | ||
into this State unless: | ||
(1) the computer, computer monitor, printer, or | ||
television is labeled with a brand and the label is
| ||
permanently affixed and readily visible; and | ||
(2) the manufacturer is registered with the Agency and | ||
has paid the required registration fee as required under | ||
Section 20 of this Act. | ||
This subsection (b) does not apply to any computer, computer | ||
monitor, printer, or television that was purchased prior to | ||
January 1, 2010. | ||
(c) By July 1, 2009, retailers shall report to each | ||
television manufacturer, by model, the number of televisions | ||
sold at retail to individuals in this State under each of the |
manufacturer's brands during the 6-month period from October 1, | ||
2008 through March 31, 2009. | ||
(d) (Blank). | ||
(e) (Blank). | ||
(f) Notwithstanding any other provision in this Act, a | ||
retailer may collect a fee for any CED or EED accepted. | ||
(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | ||
(415 ILCS 150/50)
| ||
Sec. 50. Recycler and refurbisher registration. | ||
(a) Prior to January 1 of each program year, through | ||
program year 2018, each recycler and refurbisher must register | ||
with the Agency and submit a registration fee pursuant to | ||
subsection (b) for that program year. Registration must be on | ||
forms and in a format prescribed by the Agency and shall | ||
include, but not be limited to, the address of each location | ||
where the recycler or refurbisher manages CEDs or EEDs and | ||
identification of each location at which the recycler or | ||
refurbisher accepts CEDs or EEDs from a residence. | ||
(b) The registration fee for program year 2010 is $2,000. | ||
For program year 2011, if a recycler's or refurbisher's annual | ||
combined total weight of CEDs and EEDs is less than 1,000 tons | ||
per year, the registration fee shall be $500. For program year | ||
2012 and for all subsequent program years, through program year | ||
2018, both registration fees shall be increased each year by an | ||
inflation factor determined by the annual Implicit Price |
Deflator for Gross National Product as published by the U.S. | ||
Department of Commerce in its Survey of Current Business. The | ||
inflation factor must be calculated each year by dividing the | ||
latest published annual Implicit Price Deflator for Gross | ||
National Product by the annual Implicit Price Deflator for | ||
Gross National Product for the previous year. The inflation | ||
factor must be rounded to the nearest 1/100th, and the | ||
resulting registration fee must be rounded to the nearest whole | ||
dollar. No later than October 1 of each program year, through | ||
October 1, 2017, the Agency shall post on its website the | ||
registration fee for the next program year. | ||
(c) Through program year 2018, no No person may act as a | ||
recycler or a refurbisher of CEDs for a manufacturer obligated | ||
to meet goals under this Act unless the recycler or refurbisher | ||
is registered with the Agency and has paid the registration fee | ||
as required under this Section. Beginning in program year 2016, | ||
and through program year 2018, all recycling or refurbishing | ||
facilities used by collectors of CEDs and EEDs shall be | ||
accredited by the Responsible Recycling (R2) Practices or | ||
e-Stewards certification programs or any other equivalent | ||
certification programs recognized by the United States | ||
Environmental Protection Agency. Manufacturers of CEDs and | ||
EEDs shall ensure that recycling or refurbishing facilities | ||
used as part of their recovery programs meet this requirement. | ||
(c-5) Through program year 2018, a A registered recycler or | ||
refurbisher of CEDs and EEDs for a manufacturer obligated to |
meet goals under this Act may not charge individual consumers | ||
or units of local government acting as collectors a fee to | ||
recycle or refurbish CEDs and EEDs, unless the recycler or | ||
refurbisher provides (i) a financial incentive, such as a | ||
coupon, that is of greater or equal value to the fee being | ||
charged or (ii) premium service, such as curbside collection, | ||
home pick-up, or similar methods of collection. Local units of | ||
government serving as collectors of CEDs and EEDs shall not | ||
charge a manufacturer for collection costs and shall offer the | ||
manufacturer or its representative all CEDs and EEDs collected | ||
by the local government at no cost. Nothing in this Act | ||
requires a local unit of government to serve as a collector. | ||
(c-10) Nothing in this Act prohibits any waste hauler from | ||
entering into a contractual agreement with a unit of local | ||
government to establish a collection program for the recycling | ||
or reuse of CEDs or EEDs, including services such as curbside | ||
collection, home pick-up, drop-off locations, or similar | ||
methods of collection. | ||
(d) Through program year 2018, recyclers Recyclers and | ||
refurbishers must, at a minimum, comply with all of the | ||
following: | ||
(1) Recyclers and refurbishers must comply with | ||
federal, State, and local laws and regulations, including | ||
federal and State minimum wage laws, specifically relevant | ||
to the handling, processing, refurbishing and recycling of | ||
residential CEDs and must have proper authorization by all |
appropriate governing authorities to perform the handling, | ||
processing, refurbishment, and recycling. | ||
(2) Recyclers and refurbishers must implement the | ||
appropriate measures to safeguard occupational and | ||
environmental health and safety, through the following: | ||
(A) environmental health and safety training of | ||
personnel, including training with regard to material | ||
and equipment handling, worker exposure, controlling | ||
releases, and safety and emergency procedures; | ||
(B) an up-to-date, written plan for the | ||
identification and management of hazardous materials; | ||
and | ||
(C) an up-to-date, written plan for reporting and | ||
responding to exceptional pollutant releases, | ||
including emergencies such as accidents, spills, | ||
fires, and explosions. | ||
(3) Recyclers and refurbishers must maintain (i) | ||
commercial general liability insurance or the equivalent | ||
corporate guarantee for accidents and other emergencies | ||
with limits of not less than $1,000,000 per occurrence and | ||
$1,000,000 aggregate and (ii) pollution legal liability | ||
insurance with limits not less than $1,000,000 per | ||
occurrence for companies engaged solely in the dismantling | ||
activities and $5,000,000 per occurrence for companies | ||
engaged in recycling. | ||
(4) Recyclers and refurbishers must maintain on file |
documentation that demonstrates the completion of an | ||
environmental health and safety audit completed and | ||
certified by a competent internal and external auditor | ||
annually. A competent auditor is an individual who, through | ||
professional training or work experience, is appropriately | ||
qualified to evaluate the environmental health and safety | ||
conditions, practices, and procedures of the facility. | ||
Documentation of auditors' qualifications must be | ||
available for inspection by Agency officials and | ||
third-party auditors. | ||
(5) Recyclers and refurbishers must maintain on file | ||
proof of workers' compensation and employers' liability | ||
insurance. | ||
(6) Recyclers and refurbishers must provide adequate | ||
assurance (such as bonds or corporate guarantee) to cover | ||
environmental and other costs of the closure of the | ||
recycler or refurbisher's facility, including cleanup of | ||
stockpiled equipment and materials. | ||
(7) Recyclers and refurbishers must apply due | ||
diligence principles to the selection of facilities to | ||
which components and materials (such as plastics, metals, | ||
and circuit boards) from CEDs and EEDs are sent for reuse | ||
and recycling. | ||
(8) Recyclers and refurbishers must establish a | ||
documented environmental management system that is | ||
appropriate in level of detail and documentation to the |
scale and function of the facility, including documented | ||
regular self-audits or inspections of the recycler or | ||
refurbisher's environmental compliance at the facility. | ||
(9) Recyclers and refurbishers must use the | ||
appropriate equipment for the proper processing of | ||
incoming materials as well as controlling environmental | ||
releases to the environment. The dismantling operations | ||
and storage of CED and EED components that contain | ||
hazardous substances must be conducted indoors and over | ||
impervious floors. Storage areas must be adequate to hold | ||
all processed and unprocessed inventory. When heat is used | ||
to soften solder and when CED and EED components are | ||
shredded, operations must be designed to control indoor and | ||
outdoor hazardous air emissions. | ||
(10) Recyclers and refurbishers must establish a | ||
system for identifying and properly managing components | ||
(such as circuit boards, batteries, CRTs, and mercury | ||
phosphor lamps) that are removed from CEDs and EEDs during | ||
disassembly. Recyclers and refurbishers must properly | ||
manage all hazardous and other components requiring | ||
special handling from CEDs and EEDs consistent with | ||
federal, State, and local laws and regulations. Recyclers | ||
and refurbishers must provide visible tracking (such as | ||
hazardous waste manifests or bills of lading) of hazardous | ||
components and materials from the facility to the | ||
destination facilities and documentation (such as |
contracts) stating how the destination facility processes | ||
the materials received. No recycler or refurbisher may | ||
send, either directly or through intermediaries, hazardous | ||
wastes to solid waste (non-hazardous waste) landfills or to | ||
non-hazardous waste incinerators for disposal or energy | ||
recovery. For the purpose of these guidelines, smelting of | ||
hazardous wastes to recover metals for reuse in conformance | ||
with all applicable laws and regulations is not considered | ||
disposal or energy recovery. | ||
(11) Recyclers and refurbishers must use a regularly | ||
implemented and documented monitoring and record-keeping | ||
program that tracks inbound CED and EED material weights | ||
(total) and subsequent outbound weights (total to each | ||
destination), injury and illness rates, and compliance | ||
with applicable permit parameters including monitoring of | ||
effluents and emissions. Recyclers and refurbishers must | ||
maintain contracts or other documents, such as sales | ||
receipts, suitable to demonstrate: (i) the reasonable | ||
expectation that there is a downstream market or uses for | ||
designated electronics (which may include recycling or | ||
reclamation processes such as smelting to recover metals | ||
for reuse); and (ii) that any residuals from recycling or | ||
reclamation processes, or both, are properly handled and | ||
managed to maximize reuse and recycling of materials to the | ||
extent practical. | ||
(12) Recyclers and refurbishers must comply with |
federal and international law and agreements regarding the | ||
export of used products or materials. In the case of | ||
exports of CEDs and EEDs, recyclers and refurbishers must | ||
comply with applicable requirements of the U.S. and of the | ||
import and transit countries and must maintain proper | ||
business records documenting its compliance. No recycler | ||
or refurbisher may establish or use intermediaries for the | ||
purpose of circumventing these U.S. import and transit | ||
country requirements. | ||
(13) Recyclers and refurbishers that conduct | ||
transactions involving the transboundary shipment of used | ||
CEDs and EEDs shall use contracts (or the equivalent | ||
commercial arrangements) made in advance that detail the | ||
quantity and nature of the materials to be shipped. For the | ||
export of materials to a foreign country (directly or | ||
indirectly through downstream market contractors): (i) the | ||
shipment of intact televisions and computer monitors | ||
destined for reuse must include only whole products that | ||
are tested and certified as being in working order or | ||
requiring only minor repair (e.g. not requiring the | ||
replacement of circuit boards or CRTs), must be destined | ||
for reuse with respect to the original purpose, and the | ||
recipient must have verified a market for the sale or | ||
donation of such product for reuse; (ii) the shipments of | ||
CEDs and EEDs for material recovery must be prepared in a | ||
manner for recycling, including, without limitation, |
smelting where metals will be recovered, plastics recovery | ||
and glass-to-glass recycling; or (iii) the shipment of CEDs | ||
and EEDs are being exported to companies or facilities that | ||
are owned or controlled by the original equipment | ||
manufacturer. | ||
(14) Recyclers and refurbishers must maintain the | ||
following export records for each shipment on file for a | ||
minimum of 3 years: (i) the facility name and the address | ||
to which shipment is exported; (ii) the shipment contents | ||
and volumes; (iii) the intended use of contents by the | ||
destination facility; (iv) any specification required by | ||
the destination facility in relation to shipment contents; | ||
(v) an assurance that all shipments for export, as | ||
applicable to the CED manufacturer, are legal and satisfy | ||
all applicable laws of the destination country. | ||
(15) Recyclers and refurbishers must employ | ||
industry-accepted procedures for the destruction or | ||
sanitization of data on hard drives and other data storage | ||
devices. Acceptable guidelines for the destruction or | ||
sanitization of data are contained in the National | ||
Institute of Standards and Technology's Guidelines for | ||
Media Sanitation or those guidelines certified by the | ||
National Association for Information Destruction; | ||
(16) No recycler or refurbisher may employ prison labor | ||
in any operation related to the collection, | ||
transportation, recycling, and refurbishment of CEDs and |
EEDs. No recycler or refurbisher may employ any third party | ||
that uses or subcontracts for the use of prison labor.
| ||
(Source: P.A. 99-13, eff. 7-10-15.) | ||
(415 ILCS 150/55)
| ||
Sec. 55. Collector responsibilities. | ||
(a) No later than January 1 of each program year, through | ||
program year 2018, collectors that collect or receive CEDs or | ||
EEDs for one or more manufacturers, recyclers, or refurbishers | ||
shall register with the Agency. Registration must be in the | ||
form and manner required by the Agency and must include, | ||
without limitation, the address of each location where CEDs or | ||
EEDs are received and the identification of each location at | ||
which the collector accepts CEDs or EEDs from a residence. | ||
Beginning January 1, 2016, and through December 31, 2018, | ||
collectors shall work only with certified recyclers and | ||
refurbishers as provided in subsection (c) of Section 50 of | ||
this Act. | ||
(b) Through program year 2018, manufacturers | ||
Manufacturers , recyclers, refurbishers also acting as | ||
collectors shall so indicate on their registration under | ||
Section 30 or 50 and not register separately as collectors. | ||
(c) No later than August 15, 2010, collectors must submit | ||
to the Agency, on forms and in a format prescribed by the | ||
Agency, a report for the period from January 1, 2010 through | ||
June 30, 2010 that contains the following information: the |
total weight of computers, the total weight of computer | ||
monitors, the total weight of printers, the total weight of | ||
televisions, and the total weight of EEDs collected or received | ||
for each manufacturer. | ||
(d) By January 31 of each program year, through January 31, | ||
2019, collectors must submit to the Agency, on forms and in a | ||
format prescribed by the Agency, a report that contains the | ||
following information for the previous program year: | ||
(1) The total weight of computers, the total weight of | ||
computer monitors, the total weight of printers, facsimile | ||
machines, and scanners, the total weight of televisions, | ||
the total weight of the remaining CEDs collected, and the | ||
total weight of EEDs collected or received for each | ||
manufacturer during the previous program year. | ||
(2) A list of each recycler and refurbisher that | ||
received CEDs and EEDs from the collector and the total | ||
weight each recycler and refurbisher received. | ||
(3) The address of each collector's facility where the | ||
CEDs and EEDs were collected or received. Each facility | ||
address must include the county in which the facility is | ||
located. | ||
(e) Through program year 2018, collectors Collectors may | ||
accept no more than 10 CEDs or EEDs at one time from individual | ||
members of the public and, when scheduling collection events, | ||
shall provide no fewer than 30 days' notice to the county waste | ||
agency of those events.
|
(f) Through program year 2018, no No collector of CEDs and | ||
EEDs may recycle, or refurbish for reuse or resale, CEDs or | ||
EEDs to a third party unless the collector registers as a | ||
recycler or refurbisher pursuant to Section 50 and pays the | ||
registration fee pursuant to Section 50. | ||
(Source: P.A. 98-714, eff. 7-16-14; 99-13, eff. 7-10-15.) | ||
(415 ILCS 150/60)
| ||
Sec. 60. Collection strategy for underserved counties. | ||
(a) For program year 2010 and 2011, all counties in this | ||
State except the following are considered underserved: | ||
Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock, | ||
Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston, | ||
Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock | ||
Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren, | ||
Will, Williamson, and Winnebago. | ||
(b) For program year 2012 and each program year thereafter , | ||
through program year 2018, underserved counties shall be those | ||
counties within the State of Illinois with a population density | ||
of 190 persons or less per square mile based on the most recent | ||
U.S. Census population estimate.
| ||
(Source: P.A. 97-287, eff. 8-10-11.) | ||
(415 ILCS 150/85)
| ||
Sec. 85. Electronics Recycling Fund. The Electronics | ||
Recycling Fund is created as a special fund in the State |
treasury. The Agency shall deposit all registration fees | ||
received under this Act into the Fund. All amounts held in the | ||
Fund shall be invested at interest by the State Treasurer. All | ||
income earned from the investments shall be deposited into the | ||
Electronics Recycling Fund no less frequently than quarterly. | ||
Pursuant to appropriation, all moneys in the Electronics | ||
Recycling Fund may be used by the Agency for its administration | ||
of this Act and the Consumer Electronics Recycling Act . Any | ||
moneys appropriated from the Electronics Recycling Fund, but | ||
not obligated, shall revert to the Fund. On July 1, 2018, the | ||
Comptroller shall order transferred, and the Treasurer shall | ||
transfer, all unexpended moneys in the Electronics Recycling | ||
Fund into the Solid Waste Management Fund. On December 31, | ||
2019, the Comptroller shall order transferred, and the | ||
Treasurer shall transfer, any remaining balance in the | ||
Electronics Recycling Fund into the Solid Waste Management | ||
Fund.
| ||
(Source: P.A. 95-959, eff. 9-17-08.) | ||
(415 ILCS 150/100 new) | ||
Sec. 100. Repeal. This Act is repealed on January 1, 2019. | ||
ARTICLE 98. SEVERABILITY | ||
Section 98-5. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. |
ARTICLE 99. EFFECTIVE DATE
| ||
Section 99-999. Effective date. This Act takes effect upon | ||
becoming law, except that Section 5-5 takes effect on January | ||
1, 2020.
|