Illinois General Assembly - Full Text of Public Act 094-0732
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Public Act 094-0732


 

Public Act 0732 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0732
 
HB5578 Enrolled LRB094 19563 RSP 55658 b

    AN ACT concerning the environment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Mercury Switch Removal Act.
 
    Section 3. Legislative findings. The General Assembly
finds:
    (a) That switches containing mercury have been used for
convenience lighting and anti-lock braking systems in vehicles
sold in the State of Illinois.
    (b) That mercury from the switches may be released into the
environment when end-of-life vehicles are flattened, crushed,
baled, shredded, melted, or otherwise processed for recycling.
    (c) That removing mercury switches from end-of-life
vehicles is an effective way to prevent mercury from being
released into the environment.
    (d) That it is in the public interest of the residents of
the State of Illinois to reduce the quantity of mercury
entering the environment by removing mercury switches from
end-of-life vehicles.
 
    Section 5. Definitions. For the purposes of this Act:
    "Agency" means the Environmental Protection Agency.
    "Capture rate" means the number of convenience light
mercury switches removed from end-of-life vehicles prior to the
vehicle being flattened, crushed, baled, shredded, or
otherwise processed for recycling as a percentage of the total
number of convenience light mercury switches available for
removal from end-of-life vehicles that are flattened, crushed,
shredded, or otherwise processed for recycling.
    "End-of-life vehicle" means any vehicle that is sold,
given, or otherwise conveyed to a vehicle recycler or scrap
metal recycler for the purpose of resale of its parts or
recycling.
    "Manufacturer" means a person who is the last person in the
production or assembly process of a new motor vehicle that uses
one or more mercury switches or, in the case of an imported
vehicle, the importer or domestic distributor of the vehicle.
"Manufacturer" does not include any person engaged in the
business of selling new motor vehicles at retail or converting
or modifying new motor vehicles after the production or
assembly process.
    "Mercury switch" means each mercury-containing capsule or
mercury-containing switch assembly that is part of a
convenience light switch assembly or part of an anti-lock
braking system assembly installed in a vehicle. An anti-lock
braking system assembly may contain more than one mercury
switch.
    "Person" means any 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 their legal representative, agent, or assigns.
    "Scrap metal recycler" means a person who engages in the
business of shredding or otherwise processing end-of-life
vehicles or other scrap metal into prepared grades and whose
principal product is scrap iron, scrap steel, or nonferrous
metallic scrap for sale for remelting purposes.
    "Vehicle" means "motor vehicle" as that term is defined in
the Illinois Vehicle Code, but excluding second division
vehicles weighing more than 8,000 pounds.
    "Vehicle crusher" means a person, other than a vehicle
recycler or a scrap metal recycler, who engages in the business
of flattening, crushing, or otherwise processing end-of-life
vehicles for recycling. Vehicle crushers include, but are not
limited to, persons who use fixed or mobile equipment to
flatten or crush end-of-life vehicles for a vehicle recycler or
a scrap recycler.
    "Vehicle recycler" means a person who engages in the
business of acquiring, dismantling, removing parts from, or
destroying 6 or more end-of-life vehicles in a calendar year
for the primary purpose of reselling the vehicle parts.
 
    Section 10. Removal requirements.
    (a) Mercury switches removed from end-of-life vehicles
must be managed in accordance with the Environmental Protection
Act and regulations adopted thereunder.
    (b) No person shall represent that all mercury switches
have been removed from a vehicle if all mercury switches have
not been removed from the vehicle, except where a mercury
switch cannot be removed from the vehicle because the switch is
inaccessible due to significant damage to the vehicle in the
area surrounding the switch.
    (c) Consistent with the protection of confidential
business information, vehicle recyclers, vehicle crushers, and
scrap metal recyclers that remove mercury switches from
end-of-life vehicles must maintain records documenting the
following for each calendar quarter:
        (1) the number of mercury switches the vehicle
    recycler, vehicle crusher, or scrap metal recycler removed
    from end-of-life vehicles;
        (2) the number of end-of-life vehicles received by the
    vehicle recycler, vehicle crusher, or scrap metal recycler
    that contain one or more mercury switches;
        (3) the number of end-of-life vehicles the vehicle
    recycler, vehicle crusher, or scrap metal recycler
    flattened, crushed, shredded, or otherwise processed for
    recycling; and
        (4) the make and model of each car from which one or
    more mercury switches was removed by the vehicle recycler,
    vehicle crusher, or scrap metal recycler.
    The records required under this subsection (c) must be
retained at the vehicle recycler's or scrap metal recycler's
place of business for a minimum of 3 years and made available
for inspection and copying by the Agency during normal business
hours.
    (d) For the period of July 1, 2006 though June 30, 2007 and
for each period of July 1 though June 30 thereafter, no later
than 45 days after the close of the period vehicle recyclers,
vehicle crushers, and scrap metal recyclers that remove mercury
switches from end-of-life vehicles must submit to the Agency an
annual report containing the following information for the
period: (i) the number of mercury switches the vehicle
recycler, vehicle crusher, or scrap metal recycler removed from
end-of-life vehicles; (ii) the number of end-of-life vehicles
received by the vehicle recycler, vehicle crusher, or scrap
metal recycler that contain one or more mercury switches, and
(iii) the number of end-of-life vehicles the vehicle recycler,
vehicle crusher, or scrap metal recycler flattened, crushed,
shredded, or otherwise processed for recycling. Data required
to be reported to the United States Environmental Protection
Agency under federal law or regulation may be used in meeting
requirements of this subsection (d), if the data contains the
information required under items (i), (ii), and (iii) of this
subsection.
 
    Section 15. Mercury switch collection programs.
    (a) Within 60 days of the effective date of this Act,
manufacturers of vehicles in Illinois that contain mercury
switches must begin to implement a mercury switch collection
program that facilitates the removal of mercury switches from
end-of-life vehicles prior to the vehicles being flattened,
crushed, shredded, or otherwise processed for recycling and to
collect and properly manage mercury switches in accordance with
the Environmental Protection Act and regulations adopted
thereunder. In order to ensure that the mercury switches are
removed and collected in a safe and consistent manner,
manufacturers must, to the extent practicable, use the
currently available end-of-life vehicle recycling
infrastructure. The collection program must be designed to
achieve capture rates of not less than (i) 35% for the period
of July 1, 2006, through June 30, 2007; (ii) 50% for the period
of July 1, 2007, through June 30, 2008; and (iii) 70% for the
period of July 1, 2008, through June 30, 2009 and for each
subsequent period of July 1 through June 30. At a minimum, the
collection program must:
        (1) Develop and provide educational materials that
    include guidance as to which vehicles may contain mercury
    switches and procedures for locating and removing mercury
    switches. The materials may include, but are not limited
    to, brochures, fact sheets, and videos.
        (2) Conduct outreach activities to encourage vehicle
    recyclers and vehicle crushers to participate in the
    mercury switch collection program. The activities may
    include, but are not limited to, direct mailings,
    workshops, and site visits.
        (3) Provide storage containers to participating
    vehicle recyclers and vehicle crushers for mercury
    switches removed under the program.
        (4) Provide a collection and transportation system to
    periodically collect and replace filled storage containers
    from vehicle recyclers, vehicle crushers, and scrap metal
    recyclers, either upon notification that a storage
    container is full or on a schedule predetermined by the
    manufacturers.
        (5) Establish an entity that will serve as a point of
    contact for the collection program and that will establish,
    implement, and oversee the collection program on behalf of
    the manufacturers.
        (6) Track participation in the collection program and
    the progress of mercury switch removals and collections.
    (b) Within 90 days of the effective date of this Act,
manufacturers of vehicles in Illinois that contain mercury
switches must submit to the Agency an implementation plan that
describes how the collection program under subsection (a) of
this Section will be carried out for the duration of the
program and how the program will achieve the capture rates set
forth in subsection (a) of this Section. At a minimum, the
implementation plan must:
        (A) Identify the educational materials that will
    assist vehicle recyclers, vehicle crushers, and scrap
    metal processors in identifying, removing, and properly
    managing mercury switches removed from end-of-life
    vehicles.
        (B) Describe the outreach program that will be
    undertaken to encourage vehicle recyclers and vehicle
    crushers to participate in the mercury switch collection
    program.
        (C) Describe how the manufacturers will ensure that
    mercury switches removed from end-of-life vehicles are
    managed in accordance with the Illinois Environmental
    Protection Act and regulations adopted thereunder.
        (D) Describe how the manufacturers will collect and
    document the information required in the quarterly reports
    submitted pursuant to subsection (e) of this Section.
        (E) Describe how the collection program will be
    financed and implemented.
        (F) Identify the manufacturer's address to which the
    Agency should send the notice required under subsection (f)
    of this Section.
    The Agency shall review the collection program plans it
receives for completeness and shall notify the manufacturer in
writing if a plan is incomplete. Within 30 days after receiving
a notification of incompleteness from the Agency the
manufacturer shall submit to the Agency a plan that contains
all of the required information.
    (c) The Agency must provide assistance to manufacturers in
their implementation of the collection program required under
this Section. The assistance shall include providing
manufacturers with information about businesses likely to be
engaged in vehicle recycling or vehicle crushing, conducting
site visits to promote participation in the collection program,
and assisting with the scheduling, locating, and staffing of
workshops conducted to encourage vehicle recyclers and vehicle
crushers to participate in the collection program.
    (d) Manufacturers subject to the collection program
requirements of this Section shall provide, to the extent
practicable, the opportunity for trade associations of vehicle
recyclers, vehicle crushers, and scrap metal recyclers to be
involved in the delivery and dissemination of educational
materials regarding the identification, removal, collection,
and proper management of mercury switches in end-of-life
vehicles.
    (e) For the calendar quarter ending March 31, 2007, and for
each calendar quarter thereafter, not later than 45 days
following the close of the calendar quarter manufacturers
subject to the collection program requirements of this Section
must submit to the Agency a quarterly report that contains the
following information: (i) the number of vehicle recyclers,
vehicle crushers, and scrap metal recyclers participating in
the manufacturer's collection program during the reported
quarter, (ii) the number of mercury switches removed from
end-of-life vehicles during the reported quarter by the vehicle
recyclers, vehicle crushers, and scrap metal recyclers
participating in the program, and (iii) the amount of mercury
collected and recycled through the manufacturer's collection
program during the reported calendar quarter.
    (f) If the reports required under this Act indicate that
the capture rates set forth in subsection (a) of this Section
for the period of July 1, 2007, though June 30, 2008, or for
any subsequent period have not been met the Agency shall
provide notice that the capture rate was not met; provided,
however, that the Agency is not required to provide notice if
it determines that the capture rate was not met due to a force
majeure. The Agency shall provide the notice by posting a
statement on its website and by sending a written notice via
certified mail to the manufacturers subject to the collection
program requirement of this Section at the addresses provided
in the manufacturers' collection plans. Once the Agency
provides notice pursuant to this subsection (f) it is not
required to provide notice in subsequent periods in which the
capture rate is not met.
    (g) Beginning 30 days after the Agency first provides
notice pursuant to subsection (f) of this Section, the
following shall apply:
        (1) Vehicle recyclers must remove all mercury switches
    from end-of-life vehicles prior to delivering the vehicles
    to an on-site or off-site vehicle crusher or to a scrap
    metal recycler, provided that a vehicle recycler is not
    required to remove a mercury switch that is inaccessible
    due to significant damage to the vehicle in the area
    surrounding the mercury switch that occurred prior to the
    vehicle recycler's receipt of the vehicle in which case the
    damage must be noted in the records the vehicle recycler is
    required to maintain under Section 10(c) of this Act.
        (2) No vehicle recycler, vehicle crusher, or scrap
    metal recycler shall flatten, crush, or otherwise process
    an end-of-life vehicle for recycling unless all mercury
    switches have been removed from the vehicle, provided that
    a mercury switch that is inaccessible due to significant
    damage to the vehicle in the area surrounding the mercury
    switch that occurred prior to the vehicle recycler's or the
    vehicle crusher's receipt of the vehicle is not required to
    be removed. The damage must be noted in the records the
    vehicle recycler or vehicle crusher is required to maintain
    under Section 10(c) of this Act.
        (3) Notwithstanding subsection (g)(1) of this Section,
    a scrap metal recycler may agree to accept an end-of-life
    vehicle that contains one or more mercury switches and that
    has not been flattened, crushed, shredded, or otherwise
    processed for recycling provided the scrap metal recycler
    removes all mercury switches from the vehicle before the
    vehicle is flattened, crushed, shredded, or otherwise
    processed for recycling. Scrap metal recyclers are not
    required to remove a mercury switch that is inaccessible
    due to significant damage to the vehicle in the area
    surrounding the mercury switch that occurred prior to the
    scrap metal recycler's receipt of the vehicle. The damage
    must be noted in the records the scrap metal recycler is
    required to maintain under Section 10(c) of this Act.
        (4) Manufacturers subject to the collection program
    requirements of this Section must provide to vehicle
    recyclers, vehicle crushers, and scrap metal recyclers the
    following compensation for all mercury switches removed
    from end-of-life vehicles on or after the date of the
    notice: $2.00 for each mercury switch removed by the
    vehicle recycler, vehicle crusher, or the scrap metal
    recycler, the costs of the containers in which the mercury
    switches are collected, and the costs of packaging and
    transporting the mercury switches off-site. Payment of
    this compensation must be provided in a prompt manner.
    (h) In meeting the requirements of this Section
manufacturers may work individually or as part of a group of 2
or more manufacturers.
 
    Section 20. Evaluation. At the end of calendar year 2007,
and at the end of each year thereafter through calendar year
2016, the Agency shall meet with manufacturers subject to the
collection program requirements of Section 15 of this Act to
review the performance of the manufacturers' mercury switch
collection program, provided that the manufacturers must
request such a meeting. If the program is not accomplishing the
objectives set forth in the implementation plan the Agency may
recommend modifications to the program or recommend the
investigation of additional methods to promote the removal,
collection, and proper management of mercury switches from
end-of-life vehicles.
 
    Section 25. Agency recommendations. Every 3 years the
Agency shall make a recommendation to the General Assembly as
to whether the $2 fee required under Section 15 of this Act
should be modified to ensure adequate compensation for the
removal of mercury switches from end-of-life vehicles. In
developing its recommendations, the Agency shall seek comments
or information from interested persons, including, but not
limited to, representatives of vehicle recyclers, scrap metal
recyclers, vehicle manufacturers, steel and iron
manufacturers, and environmental groups.
 
    Section 30. All information required to be submitted to the
Agency under this Act must be submitted on forms prescribed by
the Agency.
 
    Section 35. The Agency shall have the duty to investigate
violations of this Act.
 
    Section 40. Penalties.
    (a) Any manufacturer that willfully or knowingly violates
any provision of this Act or willfully or knowingly fails to
perform any duty imposed by this Act shall be liable for a
civil penalty not to exceed $1,000 for the violation and an
additional civil penalty not to exceed $1,000 for each day the
violation continues, and shall be liable for a civil penalty
not to exceed $5,000 for a second or subsequent violation and
an additional civil penalty not to exceed $1,000 for each day
the second or subsequent violation continues.
    (b) Any vehicle recycler, vehicle crusher, or scrap metal
recycler that willfully or knowingly violates any provision of
this Act or fails to perform any duty imposed by this Act shall
be liable for a civil penalty not to exceed $250 for the first
violation and not to exceed $500 for a second or subsequent
violation.
    (c) 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.
Without limiting any other authority that may exist for the
awarding of attorney's fees and costs, a court of competent
jurisdiction may award costs and reasonable attorney's fees,
including the reasonable costs of expert witnesses and
consultants, to the State's Attorney or the Attorney General in
a case where he or she has prevailed against a person who has
committed a willful, knowing, or repeated violation of this
Act. Any funds collected under this Section in an action in
which the Attorney General has prevailed shall be deposited in
the Hazardous Waste Fund established under the Environmental
Protection Act. Any funds collected under this Section in an
action in which a State's Attorney has prevailed shall be
retained by the county in which he or she serves.
    (d) The State's Attorney of the county in which the
violation occurred or the Attorney General may, at the request
of the Agency or on his or her own motion, institute a civil
action for an injunction, prohibitory or mandatory, to restrain
violations of this Act or to require such other actions as may
be necessary to address violations of this 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 shall bar a
cause of action by the State for any other penalty, injunction,
or relief provided by any other law.
 
    Section 45. Manufacturers subject to the collection
program requirement of Section 15 of this Act shall indemnify,
defend, and hold harmless vehicle recyclers, vehicle crushers,
and scrap metal recyclers for any liabilities arising from
releases from a mercury switch after the switch is transferred
under the manufacturer's collection program to the
manufacturer or its agent, provided that the switch has been
managed in accordance with the Environmental Protection Act and
regulations adopted thereunder prior to the transfer.
 
    Section 50. If the Agency determines that the requirements
of this Act are no longer necessary because a federal program
provides equal or greater protection of human health and safety
and the environment in this State, the Agency shall submit a
report of its determination to the General Assembly. In making
its determination the Agency shall seek comments or information
from interested persons, including, but not limited to,
representatives of vehicle recyclers, vehicle crushers, scrap
metal recyclers, vehicle manufacturers, steel and iron
manufacturers, and environmental groups.
 
    Section 55. Repealer. This Act is repealed on January 1,
2011.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 04/24/2006