SB3915 104TH GENERAL ASSEMBLY

LRB104 16614 BDA 30015 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3915

Introduced 2/6/2026, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:

See Index

Creates the Household Hazardous Waste Stewardship Act. Requires that manufacturers implement a stewardship plan, beginning January 1, 2028, and establishes related prohibitions. Requires a manufacturer to establish, fund, and implement a stewardship program individually or collectively as part of a stewardship organization, with certain funding requirements. Lists other manufacturer and stewardship organization obligations and requirements. Requires each manufacturer who sells covered products in the State to register with a stewardship organization by April 1, 2027, and annually thereafter, and subsequently also with the Environmental Protection Agency. Requires stewardship organizations to post certain information on a website by January 1, 2028. Prohibits a manufacturer from selling a covered product, beginning in program year 2028, unless the manufacturer is registered and operates a stewardship program or is part of a stewardship organization. Requires stewardship organizations to jointly prepare, no later than January 1, 2027, a household hazardous waste needs assessment. Prohibits a retailer from selling a covered product unless the manufacturer is identified as a participant in a stewardship organization with an approved stewardship plan. Requires collection sites to keep certain records and provide certain data. Lists requirements and procedures for stewardship plans. Lists collection convenience standard requirements. Requires each stewardship organization to jointly submit, by June 1, 2029, and annually thereafter, a report to the Agency. Requires a stewardship organization to pay an annual fee to the Agency and lists responsibilities of the Agency. Exempts activities under the Act from antitrust laws. Allows the Agency to adopt rules. Provides civil penalties for violations. Specifies that it is a Class 4 or Class 3 felony to make a fraudulent material statement to the Agency under the Act. Allows for collection of covered products using a premium collection service. Makes findings. Defines terms. Effective immediately.

A BILL FOR

AN ACT concerning safety.

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 Household Hazardous Waste Stewardship Act.

Section 5. Findings. The General Assembly finds that:

(1) It is in the best interest of the State of Illinois for manufacturers of products for household use that contain hazardous substances to assume responsibility for the development, financing, and implementation of a statewide stewardship program that conveniently serves all areas of the State for the collection and environmentally sound management of waste from those products. There are hundreds of products purchased by consumers that contain hazardous substances, including, but not limited to, aerosol products, fertilizers, herbicides, pesticides, fluorescent lamps, furniture stripper and varnish, gasoline, kerosene, used oil, antifreeze, household cleaners, solvent cleaners, and pool or hot tub chemicals.

(2) Improper management and disposal of household hazardous waste is a threat to public health and the environment.

(3) In 1991, the need for household hazardous waste collection programs throughout the State was recognized and the Household Hazardous Waste Collection Act was enacted. Since then, the Illinois Environmental Protection Agency and local governments have worked together to support collection events and develop 5 permanent household hazardous waste collection facilities. However, these existing services do not provide convenient collection services statewide, and the cost of these programs for the Agency and local governments exceeds $11,000,000 annually.

(4) In 2015, the Task Force on the Advancement of Materials Recycling issued a report to the General Assembly that unanimously recommended that a convenient statewide household hazardous waste collection infrastructure was needed. In 2021, the Statewide Materials Management Advisory Committee issued a report to the General Assembly that recommended up to 5 additional permanent household hazardous waste collection facilities be developed in the State.

Section 10. Definitions. In this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Antifreeze" means propylene glycol or ethylene glycol, including aggregated batches of propylene glycol or ethylene glycol, used as a heat transfer medium in an internal combustion engine; heating, ventilating, and air conditioning units; and electronics cooling applications; or used for winterizing equipment.

"Brand" means a name, symbols, words, or marks that identify a covered product and attribute the product to the owner of the brand as the manufacturer.

"Collection cost" means costs related to the collection of covered products, including, but not limited to: facility siting costs; facility permitting costs; facility construction costs; facility maintenance costs; equipment costs; fork lift costs; truck costs; labor and benefits; costs for supplies, including traffic control devices, test kits for unknown waste, tape, plastic sheeting, and spill clean-up kits; building and equipment maintenance costs; event costs, including marketing costs; third-party contractor costs, including event set-up costs; environmental service fees; insurance fees; costs for shipping containers and materials; pallet costs; and personal protective equipment costs.

"Collection site" means a permanent facility permitted by the Agency to accept, manage, and store covered products or a location where a one-day collection event is held to collect covered products which are then transported offsite for proper management.

"Covered entity" means any person who presents a covered product to a collection site from that person's use at a household, with the exception of large quantity generators, small quantity generators, or very small quantity generators.

"Covered product" means any product offered for retail sale for household use contained in the receptacle in which the product is offered for retail sale, except for used oil, antifreeze, gasoline, and kerosene, if the product has any of the following characteristics:

(1) the physical properties of the product meet the criteria for characteristic wastes under the federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq., including ignitability, corrosivity, reactivity or toxicity as defined in 40 CFR 261.20 to 261.24;

(2) the physical properties of the product meet the criteria for designation as a class 2, 3, 4, 5, 6, or 8 hazardous material, as defined in 49 CFR 173, by the United States Department of Transportation under the Hazardous Materials Transportation Act of 1975, 49 U.S.C. 5101 et seq.; or

(3) the product requires registration under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136.

"Covered product" includes a product added by rule under Section 70 of this Act.

"Covered product" does not include:

(1) automotive fluids, including, without limitation, (i) household do-it-yourselfer used oil as defined under 35 Ill. Adm. Code 739.100 or successor rules and (ii) antifreeze;

(2) a covered battery, as defined in the Portable and Medium-Format Battery Stewardship Act;

(3) a drug, as defined in 21 U.S.C. 321(g)(1); a biological product, as defined in 42 U.S.C. 262(i); a device, as defined by 21 U.S.C. 321(h)(1); or any combination of those items;

(4) products sold for commercial agricultural use that require registration under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136;

(5) architectural paint, as defined in the Paint Stewardship Act;

(6) a covered electronic device, as defined in the Consumer Electronics Recycling Act;

(7) a vitamin or dietary supplement;

(8) a liquefied petroleum or other gas container, cylinder, or receptacle;

(9) a fire extinguisher;

(10) an oil filter;

(11) a smoke detector, ionizing type;

(12) ammunition, fireworks, explosives, and projectile marine flares;

(13) potentially infectious medical waste, as defined in Section 3.360 of the Illinois Environmental Protection Act;

(14) electronic cigarettes, as defined in the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, and their apparatuses, including, but not limited to, vape pods;

(15) an antimicrobial product that requires registration under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136, and is labeled in accordance with federal requirements for pesticide products intended for household use only; and

(16) a product that is subtracted by rule under Section 70 of this Act.

"Disposal cost" means the costs related to the final disposition of the collected covered products.

"Environmental justice community" means environmental justice community, as determined by the Agency.

"Environmentally sound management" means management practices implemented in a manner that is designed to protect public health, safety, and the environment, including, but not limited to:

(1) adequate recordkeeping;

(2) keeping detailed documentation of the methods used to:

(A) manage covered products; and

(B) track and document the fate of covered products from collection through final disposition within this State and outside this State;

(3) performance audits and inspections;

(4) compliance with worker health and safety requirements; and

(5) maintenance of adequate environmental liability insurance and financial assurances for a stewardship organization and contractors working for the stewardship organization.

"Final disposition" means the point beyond which no further processing takes place and the covered product has been either transformed for direct use as a feedstock in producing new products, discarded in a manner approved by the Agency, processed for energy recovery in permitted facilities, or incinerated without energy recovery in permitted facilities.

"Manufacturer" means a person who:

(1) manufactures or manufactured a covered product under its own brand or label for sale in the State;

(2) sells in the State under its own brand or label a covered product produced by another supplier;

(3) owns a brand that it licenses or licensed to another person for use on a covered product sold in the State;

(4) imports a covered product manufactured by a person without a presence in the United States into the United States for sale in the United States;

(5) manufactures a covered product for sale in the State without affixing a brand name; or

(6) is the manufacturer of a covered product sold, offered for sale, or distributed in or into this State, as defined in this Section, except if another party has contractually accepted responsibility as a responsible manufacturer and has joined a stewardship organization as the manufacturer for that covered product.

"Orphan covered product" means a covered product for which no manufacturer can be identified.

"Person" has the meaning given to that term in Section 3.315 of the Environmental Protection Act.

"Premium collection service" means collection service provided at a location that is not a collection site such as at-home pickup service, including curbside pickup service.

"Program year" means a calendar year. The first program year is 2028.

"Retailer" means a person who first sells, through any means, including a sales outlet, catalog, the Internet, or electronic means, a covered product to a customer for residential use or any permanent establishment where merchandise is displayed, held, stored, or offered for sale to the public.

"Stewardship organization" means a manufacturer that directly implements a stewardship program required under this Act, a corporation designated by a manufacturer or group of manufacturers to implement a stewardship program under this Act, or a nonprofit organization designated by a manufacturer or group of manufacturers to implement a stewardship program under this Act.

"Stewardship plan" means a plan developed by a manufacturer or a stewardship organization that is consistent with this Act and approved by the Agency.

"Stewardship program" means a program implemented by a stewardship organization consistent with this Act and the approved stewardship plan.

"Transfer facility" has the meaning given to that term in 35 Ill. Adm. Code 723.112 or successor rules.

"Transfer station" has the meaning given to that term in Section 3.500 of the Environmental Protection Act.

"Transportation cost" means the cost associated with loading and shipping covered products to a transfer station, transfer facility, or final disposition location.

Section 15. Requirement that manufacturers implement a stewardship program.

(a) Beginning January 1, 2028, a manufacturer selling, making available for sale, or distributing covered products in or into the State of Illinois shall participate in an approved stewardship plan.

(b) Beginning January 1, 2028, no manufacturer shall sell covered products in or into the State who does not participate in a stewardship organization and stewardship plan.

(c) Beginning January 1, 2028, no manufacturer shall sell covered products in or into the State if the covered product is not labeled with a brand or if the original manufacturer is not identified on the label.

Section 20. Manufacturer obligations.

(a) A manufacturer shall establish, fund, and implement a stewardship program individually or collectively as part of a stewardship organization. The proportion of funding by manufacturers shall be:

(1) 50% of the collection cost for all collection sites in an approved stewardship program in program year 2028, 60% of the collection cost for all collection sites in an approved stewardship program in program year 2029, 70% of the collection cost for all collection sites in an approved stewardship program in program year 2030, 80% of the collection cost for all collection sites in an approved stewardship program in program year 2031, and 90% of the collection cost for all collection sites in an approved stewardship program in each program year thereafter; and

(2) 100% of the transportation cost and disposal cost for covered products and orphan covered products collected in accordance with this Act; and

(3) 100% of the collection cost, transportation cost, and disposal cost for collection sites operated by the stewardship organization.

(4) 60% of the capital cost to construct a new, permanent household hazardous waste collection facility if a unit of local government has secured at least 40% of the capital cost needed for construction on or between January 1, 2028 and January 1, 2030.

(b) If there is more than one stewardship organization representing manufacturers, manufacturers shall jointly submit a single stewardship plan that meets the requirements of Section 40 and a single annual report that meets the requirements of Section 55.

(c) If there is more than one stewardship organization, manufacturers shall designate one stewardship organization to enter into mutual agreements with collection sites.

(d) Each stewardship organization shall equitably allocate stewardship program costs to manufacturers participating in the stewardship program. The method of cost allocation shall be included in the stewardship plan required under Section 40.

(e) A manufacturer, stewardship organization, or retailer shall not charge:

(1) a specific point-of-sale fee to a covered entity to recoup the costs of the stewardship program; or

(2) a specific fee at the time the covered products are collected from a covered entity.

(f) A manufacturer or stewardship organization shall not charge a fee to any person collecting covered products under this Act.

(g) Beginning January 1, 2028, units of local government and any person with a permanent collection site, an Agency sponsored one-day collection site, or a contractually obligated one-day collection site shall be included in the stewardship organization's plan and stewardship program and shall be counted toward complying with the collection requirements in Section 50. A stewardship organization must reimburse collection sites for collection costs incurred due to serving as a collection site for a stewardship program in accordance with this Section. A stewardship organization must establish a mutual agreement with each collection site and provide reimbursement for collection costs no less frequently than every 3 months.

(h) A stewardship organization must accept and fund the collection, transportation, and disposal costs associated with orphan covered products.

(i) A stewardship organization is not responsible for funding the cost associated with premium collection service.

Section 25. Manufacturer registration.

(a) By April 1, 2027, and by April 1 of each year thereafter for the upcoming program year, beginning with program year 2028, each manufacturer who sells covered products in the State must register with a stewardship organization by submitting to the stewardship organization a list of all the brands under which the manufacturer sells or offers for sale in the State. Each stewardship organization shall subsequently register with the Agency, on a form prescribed by the Agency, and provide a list of all the brands and manufacturers covered by the stewardship organization.

(b) By January 1, 2028, each stewardship organization shall post on the single, coordinated website, as required by Section 40, a list of all registered manufacturers and associated brands.

(c) Beginning in program year 2028, a manufacturer whose covered products are sold or offered for sale in this State for the first time on or after April 1 of the program year must register with a stewardship organization within 30 days after the date the covered products are first sold or offered for sale in the State. The stewardship organization must provide the Agency the name of the manufacturer and its brand or brands, in writing, within 30 days of the date the manufacturer registered with the stewardship organization.

(d) Beginning in program year 2028, no manufacturer may sell or offer to sell a covered product in this State unless the manufacturer is registered and operates a stewardship program either individually or as part of a stewardship organization.

Section 28. Household hazardous waste needs assessment.

(a) Each stewardship organization shall jointly prepare and equitably share in the cost for the preparation of a single household hazardous waste needs assessment. The needs assessment shall be completed and submitted to the Agency no later than January 1, 2027.

(b) The needs assessment shall address, at a minimum, the following:

(1) a description of the Agency's program for collecting household hazardous waste in the State, including a listing of all collection sites and the disposal costs for each collection site on an annual basis for calendar years 2023, 2024, and 2025;

(2) an evaluation of the Agency's current contract for disposal of household hazardous waste, including the scope of acceptable wastes allowed under the contract and the costs for disposal of the wastes on a unit cost basis;

(3) an evaluation of household hazardous waste collected by each collection site by type of waste as reported to the Agency by the collection sites and by the Agency's disposal contractor;

(4) an estimate of the collection costs incurred by the collection sites in calendar years 2023, 2024, and 2025;

(5) a detailed analysis of household hazardous waste collected by the permanent collection sites by waste type, brand, and manufacturer and amount by volume or weight for each manufacturer of the products;

(6) an evaluation of the potential for reuse or recycling of household hazardous waste currently collected by collection sites, including an estimate of the total amount of household hazardous waste collected in calendar year 2025 that may have been suitable for reuse or recycling and the cost savings compared to disposal if the waste had been reused or recycled;

(7) a comparison of the scope of covered products, as defined in Section 10 of this Act, to the acceptable wastes collected under the Agency's current contract;

(8) an estimate of collection costs and disposal costs to meet the collection requirements in Section 50 of this Act;

(9) an estimate of the impact of the following education programs on the cost to dispose of household hazardous waste collected in 2025: education programs directed at encouraging consumers to purchase only the products and amounts that are necessary, to avoid waste, and to avoid the necessity of taking a product to a collection site; and

(10) an evaluation of the method and cost for manufacturers to be responsible under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the final disposal of the covered products.

Section 30. Role of retailers.

(a) Beginning July 1, 2028, a retailer may not sell, offer for sale, distribute, or otherwise make available for sale a covered product unless the manufacturer of the covered product is identified as a participant in a stewardship organization whose stewardship plan has been approved by the Agency.

(b) A retailer is not in violation of the requirements of subsection (a) of this Section if the information on the single, coordinated website made available under subsection (b) of Section 25 lists the manufacturer as a participant in a stewardship organization whose stewardship plan has been approved by the Agency.

(c) A retailer selling or offering covered products for sale in the State shall provide information to covered entities, provided by the stewardship organization, regarding available end-of-life management options for covered products. The information that a stewardship organization must make available to retailers for use by retailers must include, but is not limited to, in-store signage, written materials, and other promotional materials that retailers may use to inform customers of the available end-of-life management options for covered products.

Section 35. Role of collection sites.

(a) Collection sites must keep accurate records to demonstrate collection costs associated with the stewardship program.

(b) Collection sites must provide data as required by a stewardship organization to comply with the requirements of Section 55.

Section 40. Stewardship plan components.

(a) By June 1, 2027, each stewardship organization must coordinate and submit to the Agency for approval a single stewardship plan for covered products. The Agency shall review and approve a plan based on whether it:

(1) lists each manufacturer and brand of covered products registered with each stewardship organization, including manufacturers who have contractually accepted responsibility as a manufacturer in accordance with paragraph (6) of the definition of "manufacturer" in this Act;

(2) provides for free, convenient, and accessible statewide access for the collection of covered products from covered entities in the State;

(3) describes how retailers will be made aware of their obligation to sell only covered products from manufacturers participating in an approved stewardship plan;

(4) describes the education and communications strategy being implemented to promote participation in the stewardship program by covered entities and provides the information necessary for effective participation in the stewardship program, including the development of a single, coordinated website and providing information to retailers under subsection (c) of Section 30 of this Act;

(5) describes the information to be provided on the single, coordinated website, including, but not limited to, information about collection site locations, including a map showing the locations of all collection sites, hours of operation, contact information, and a list of acceptable covered products and nonacceptable items;

(6) describes efforts by manufacturers to reduce the environmental health and safety impacts of covered products;

(7) provides for the environmentally sound management of covered products;

(8) provides the name, location, and permit status of final disposition facilities where covered products will be transported and the covered products managed by each final disposition facility;

(9) demonstrates compliance with the collection convenience standard requirements in Section 50;

(10) describes how data regarding the covered products collected in a program year will be reported, including independent data for each collection site regarding the amount of covered products collected and the number of covered entities that participated in the stewardship program;

(11) describes how a stewardship organization will incorporate existing permanent collection sites and one-day collection sites into the stewardship program;

(12) describes how a stewardship organization will incorporate new, permanent collection sites, developed under paragraph (4) of subsection (a) of Section 20 of this Act, into the stewardship program;

(13) describes the method to establish and administer a means for fully funding the stewardship program in a manner that equitably distributes the stewardship program's costs among the manufacturers that are part of each stewardship organization and that provides for sufficient funding to implement the program beginning January 1, 2028; for manufacturers that choose to meet the requirements of this Act individually, without joining a stewardship organization, the plan must describe the proposed method to establish and administer a means for fully funding the stewardship program; and

(14) describes efforts that will be made to ensure that areas designated as environmental justice communities will have convenient access to collection sites.

(b) A stewardship organization must submit a new stewardship plan to the Agency for approval no less than every 5 years.

(c) A stewardship organization must provide plan amendments to the Agency for approval when proposing changes to the approved stewardship plan or when requested by the Agency due to deficiencies in the stewardship program being implemented under the stewardship plan in effect.

Section 45. Stewardship plan approval.

(a) The Agency shall approve the proposed stewardship plan if each manufacturer participating in the stewardship plan has registered under Section 25 and the stewardship plan demonstrates compliance with the requirements of Section 40.

(b) Within 90 days after receiving the stewardship plan, the Agency shall either approve, reject, or approve with modification the stewardship plan in writing for each stewardship organization. If the Agency rejects the stewardship plan, it shall provide the reason for the rejection in the written notification to the stewardship organization.

(c) No later than 60 days after receipt of a notice of rejection under subsection (b) of this Section, a revised stewardship plan must be submitted to the Agency. Within 30 days after receipt of the revised stewardship plan, the Agency shall either approve or reject the revised stewardship plan in writing for the stewardship organization.

(d) After approval, manufacturers must, either individually or collectively as a stewardship organization, initiate operation of the stewardship program outlined in the stewardship plan no later than January 1, 2028.

Section 50. Collection convenience standard requirements.

(a) A stewardship organization implementing a stewardship plan must provide for the collection of all covered products to all covered entities on a free, continuous, and statewide basis. If there is more than one stewardship organization, those stewardship organizations may coordinate and meet the requirements of this Section jointly.

(b) For covered products, by the beginning of program year 2028, statewide collection requirements must include all permanent collection sites permitted to collect covered products as of January 1, 2028, all Agency sponsored one-day collection sites under which the Agency has an agreement to conduct one-day events, and all one-day collection sites that are contractually obligated by any person.

(c) For covered products, statewide collection requirements by the beginning of program year 2030 must include:

(1) at least one collection site that is a permanent collection site for covered products within a 15-mile radius for at least 60% of State residents; and

(2) at least one collection site that is a one-day collection site for covered products within a 25-mile radius for at least an additional 20% of State residents.

(d) For covered products, statewide collection requirements by the beginning of program year 2031 must include:

(1) at least one collection site that is a permanent collection site for covered products within a 15-mile radius for at least 70% of State residents; and

(2) at least one collection site that is a one-day collection site for covered products within a 25-mile radius for at least 25% of State residents.

(e) Collection convenience shall be for at least the number of hours allowed by the site's Agency permit for a permanent collection site. Collection convenience for a one-day collection site shall be at least once per year or as contractually obligated and shall be at least 6 hours in length per collection event.

(f) Any new, permanent household hazardous waste collection facility developed under paragraph (4) of subsection (a) of Section 20 of this Act shall be included in the stewardship program.

Section 55. Reporting requirements.

(a) By June 1, 2029, and each June 1 thereafter, each stewardship organization must jointly submit a single annual report to the Agency covering the preceding program year and post the annual report on its website. The report must include the following:

(1) an independent financial assessment of the stewardship program implemented by each stewardship organization, including a breakdown of the program's expenses, including, but not limited to, collection cost, disposal cost, transportation cost, and administrative cost;

(2) a summary financial statement documenting the financing of each stewardship organization's program and an analysis of program costs and expenditures. A stewardship organization implementing similar programs in other states may submit a financial statement, including all other covered states, if the statement breaks out financial information pertinent to Illinois;

(3) a breakdown of the type and manifested weight of covered products collected by the stewardship program for each collection site and the number of covered entities who brought covered products to each collection site;

(4) the name and address of each collection site used to collect covered products, including an up-to-date map indicating the location of all collection sites;

(5) the name and address of each person transporting the covered products for final disposition;

(6) a breakdown of the final disposition of the covered products including a list of the facilities used in the disposition of the covered products that includes the name and geographic location of the facilities, the covered products managed at each facility, and any violations of environmental laws, rules, or regulations over the previous 3 years at each facility;

(7) an assessment of whether the collection convenience standard requirements in Section 50 have been met or not;

(8) a description of the education and communication efforts, including examples of marketing materials and efforts used, including an assessment of the success of the educational efforts; and

(9) any recommendations for changes to the stewardship program.

(b) Proprietary information submitted to the Agency under this Act is exempted from disclosure as provided under paragraphs (g) and (mm) of subsection (1) of Section 7 of the Freedom of Information Act.

(c) Within 30 days after Agency approval of the annual report, the annual report shall be posted to the single, coordinated website required under Section 40.

Section 60. Fee and Agency role.

(a) By July 1, 2027, and by July 1 of each year thereafter, a stewardship organization shall pay to the Agency an annual fee set by the Agency by rule. If there is more than one stewardship organization, the stewardship organizations shall equitably split the annual fee under this Section. The fee shall cover the Agency's full costs of implementing, administering, and enforcing this Act. The annual fee shall be deposited into the Solid Waste Management Fund to be used for costs associated with the administration of this Act.

(b) The responsibilities of the Agency in implementing, administering, and enforcing this Act include:

(1) reviewing submitted stewardship plans and plan amendments and making determinations as to whether to approve the plan or plan amendment;

(2) reviewing annual reports submitted under Section 55 to ensure compliance with that Section;

(3) maintaining a link on its website to the single, coordinated website required under paragraph (5) of subsection (a) of Section 40;

(4) maintaining the list of registered manufacturers on its website; and

(5) providing technical assistance to producers, retailers, and collection sites related to the requirements of this Act.

Section 65. Antitrust immunity. The activities authorized by this Act require collaboration among the covered manufacturers and the collection sites. These activities will enable safe and secure collection, transportation, and disposal of covered products in Illinois and are, therefore, in the best interest of the public. The benefits of collaboration, together with active State supervision, outweigh potential adverse impacts. Therefore, the General Assembly intends to exempt State antitrust laws and provide immunity through the state action doctrine from federal antitrust laws, activities that are undertaken under this Act that might otherwise be constrained by such laws. The General Assembly does not intend to authorize any person or entity to engage in activities not provided for by this Act, and the General Assembly neither exempts nor provides immunity for such activities.

Section 70. Rulemaking authority. The Agency may adopt any rules that are necessary and that are consistent with the provisions of this Act.

Section 75. Penalties and civil actions.

(a) Any person who violates any provision of this Act is liable for a civil penalty of $7,000 per violation, except that failure to pay a fee under this Act shall cause the person who fails to pay the fee to be liable for a civil penalty that is double the applicable fee.

(b) The penalties provided 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 into the Environmental Protection Trust Fund, to be used in accordance with the provisions of the Environmental Protection 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) The penalties and injunctions provided in this Act are in addition to any penalties, injunctions, or other relief provided under any other State 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.

(e) Any person who makes a false, fictitious, or fraudulent material statement, orally or in writing, to the Agency, related to or required by this Act or any rule adopted under this Act commits a Class 4 felony, and each such statement or writing shall be considered a separate Class 4 felony. A person who, after being convicted under this subsection, violates this subsection a second or subsequent time commits a Class 3 felony.

Section 80. Collection of covered products using premium collection service. Nothing in this Act shall prevent or prohibit a person from offering or performing a fee-based, household collection of covered products provided such person's premium collection services must be performed in compliance with all applicable federal, State, and local laws and requirements, including, but not limited to, all applicable U.S. Department of Transportation laws and regulations, and all applicable provisions of the Environmental Protection Act. Such person collecting covered products may make available to the stewardship organization some or all of the covered products collected using premium collection service at no expense. After consolidation of some or all of the covered products at the person's facilities, the transport to and processing of such covered products by the stewardship organization's processors of some or all of the covered products shall be at the stewardship organization's expense. The stewardship organization may count the households serviced by premium collection service toward the collection and convenience standard requirements in Section 50 of this Act.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

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