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1 | AN ACT concerning the environment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Mercury Switch Removal Act. | |||||||||||||||||||
6 | Section 3. Legislative findings. The General Assembly | |||||||||||||||||||
7 | finds: | |||||||||||||||||||
8 | (a) That switches containing mercury have been used for | |||||||||||||||||||
9 | convenience lighting and anti-lock braking systems in vehicles | |||||||||||||||||||
10 | sold in the State of Illinois.
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11 | (b) That mercury from the switches may be released into the | |||||||||||||||||||
12 | environment when end-of-life vehicles are flattened, crushed, | |||||||||||||||||||
13 | baled, shredded, melted, or otherwise processed for recycling. | |||||||||||||||||||
14 | (c) That removing mercury switches from end-of-life | |||||||||||||||||||
15 | vehicles is an effective way to prevent mercury from being | |||||||||||||||||||
16 | released into the environment.
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17 | (d) That it is in the public interest of the residents of | |||||||||||||||||||
18 | the State of Illinois to reduce the quantity of mercury | |||||||||||||||||||
19 | entering the environment by removing mercury switches from | |||||||||||||||||||
20 | end-of-life vehicles.
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21 | Section 5. Definitions. For the purposes of this Act: | |||||||||||||||||||
22 | "Agency" means the Environmental Protection Agency. | |||||||||||||||||||
23 | "Capture rate" means the number of convenience light | |||||||||||||||||||
24 | mercury switches removed from end-of-life vehicles prior to the | |||||||||||||||||||
25 | vehicle being flattened, crushed, baled, shredded, or | |||||||||||||||||||
26 | otherwise processed for recycling as a percentage of the total | |||||||||||||||||||
27 | number of convenience light mercury switches available for | |||||||||||||||||||
28 | removal from end-of-life vehicles that are flattened, crushed, | |||||||||||||||||||
29 | shredded, or otherwise processed for recycling. | |||||||||||||||||||
30 | "End-of-life vehicle" means any vehicle that is sold, | |||||||||||||||||||
31 | given, or otherwise conveyed to a vehicle recycler or scrap |
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1 | metal recycler for the purpose of resale of its parts or | ||||||
2 | recycling. | ||||||
3 | "Manufacturer" means a person who is the last person in the | ||||||
4 | production or assembly process of a new motor vehicle that uses | ||||||
5 | one or more mercury switches or, in the case of an imported | ||||||
6 | vehicle, the importer or domestic distributor of the vehicle. | ||||||
7 | "Manufacturer" does not include any person engaged in the | ||||||
8 | business of selling new motor vehicles at retail or converting | ||||||
9 | or modifying new motor vehicles after the production or | ||||||
10 | assembly process. | ||||||
11 | "Mercury switch" means each mercury-containing capsule or | ||||||
12 | mercury-containing switch assembly that is part of a | ||||||
13 | convenience light switch assembly or part of an anti-lock | ||||||
14 | braking system assembly installed in a vehicle. An anti-lock | ||||||
15 | braking system assembly may contain more than one mercury | ||||||
16 | switch. | ||||||
17 | "Person" means any individual, partnership, | ||||||
18 | co-partnership, firm, company, limited liability company, | ||||||
19 | corporation, association, joint stock company, trust, estate, | ||||||
20 | political subdivision, State agency, or any other legal entity, | ||||||
21 | or their legal representative, agent, or assigns. | ||||||
22 | "Scrap metal recycler" means a person who engages in the | ||||||
23 | business of shredding or otherwise processing end-of-life | ||||||
24 | vehicles or other scrap metal into prepared grades and whose | ||||||
25 | principal product is scrap iron, scrap steel, or nonferrous | ||||||
26 | metallic scrap for sale for remelting purposes. | ||||||
27 | "Vehicle" means "motor vehicle" as that term is defined in | ||||||
28 | the Illinois Vehicle Code, but excluding second division | ||||||
29 | vehicles weighing more than 8,000 pounds. | ||||||
30 | "Vehicle crusher" means a person, other than a vehicle | ||||||
31 | recycler or a scrap metal recycler, who engages in the business | ||||||
32 | of flattening, crushing, or otherwise processing end-of-life | ||||||
33 | vehicles for recycling. Vehicle crushers include, but are not | ||||||
34 | limited to, persons who use fixed or mobile equipment to | ||||||
35 | flatten or crush end-of-life vehicles for a vehicle recycler or | ||||||
36 | a scrap recycler. |
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1 | "Vehicle recycler" means a person who engages in the | ||||||
2 | business of acquiring, dismantling, removing parts from, or | ||||||
3 | destroying 6 or more end-of-life vehicles in a calendar year | ||||||
4 | for the primary purpose of reselling the vehicle parts. | ||||||
5 | Section 10. Removal requirements. | ||||||
6 | (a) Mercury switches removed from end-of-life vehicles | ||||||
7 | must be managed in accordance with the Environmental Protection | ||||||
8 | Act and regulations adopted thereunder. | ||||||
9 | (b) No person shall represent that all mercury switches | ||||||
10 | have been removed from a vehicle if all mercury switches have | ||||||
11 | not been removed from the vehicle, except where a mercury | ||||||
12 | switch cannot be removed from the vehicle because the switch is | ||||||
13 | inaccessible due to significant damage to the vehicle in the | ||||||
14 | area surrounding the switch.
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15 | (c) Consistent with the protection of confidential | ||||||
16 | business information, vehicle recyclers, vehicle crushers, and | ||||||
17 | scrap metal recyclers that remove mercury switches from | ||||||
18 | end-of-life vehicles must maintain records documenting the | ||||||
19 | following for each calendar quarter:
| ||||||
20 | (1) the number of mercury switches the vehicle | ||||||
21 | recycler, vehicle crusher, or scrap metal recycler removed | ||||||
22 | from end-of-life vehicles;
| ||||||
23 | (2) the number of end-of-life vehicles received by the | ||||||
24 | vehicle recycler, vehicle crusher, or scrap metal recycler | ||||||
25 | that contain one or more mercury switches; | ||||||
26 | (3) the number of end-of-life vehicles the vehicle | ||||||
27 | recycler, vehicle crusher, or scrap metal recycler | ||||||
28 | flattened, crushed, shredded, or otherwise processed for | ||||||
29 | recycling; and | ||||||
30 | (4) the make and model of each car from which one or | ||||||
31 | more mercury switches was removed by the vehicle recycler, | ||||||
32 | vehicle crusher, or scrap metal recycler.
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33 | The records required under this subsection (c) must be | ||||||
34 | retained at the vehicle recycler's or scrap metal recycler's | ||||||
35 | place of business for a minimum of 3 years and made available |
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1 | for inspection and copying by the Agency during normal business | ||||||
2 | hours.
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3 | (d) For the period of July 1, 2006 though June 30, 2007 and | ||||||
4 | for each period of July 1 though June 30 thereafter, no later | ||||||
5 | than 45 days after the close of the period vehicle recyclers, | ||||||
6 | vehicle crushers, and scrap metal recyclers that remove mercury | ||||||
7 | switches from end-of-life vehicles must submit to the Agency an | ||||||
8 | annual report containing the following information for the | ||||||
9 | period: (i) the number of mercury switches the vehicle | ||||||
10 | recycler, vehicle crusher, or scrap metal recycler removed from | ||||||
11 | end-of-life vehicles; (ii) the number of end-of-life vehicles | ||||||
12 | received by the vehicle recycler, vehicle crusher, or scrap | ||||||
13 | metal recycler that contain one or more mercury switches, and | ||||||
14 | (iii) the number of end-of-life vehicles the vehicle recycler, | ||||||
15 | vehicle crusher, or scrap metal recycler flattened, crushed, | ||||||
16 | shredded, or otherwise processed for recycling. Data required | ||||||
17 | to be reported to the United State Environmental Protection | ||||||
18 | Agency under federal law or regulation may be used in meeting | ||||||
19 | requirements of this subsection (d), if the data contains the | ||||||
20 | information required under items (i), (ii), and (iii) of this | ||||||
21 | subsection.
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22 | Section 15. Mercury switch collection programs. | ||||||
23 | (a) Within 60 days of the effective date of this Act, | ||||||
24 | manufacturers of vehicles in Illinois that contain mercury | ||||||
25 | switches must begin to implement a mercury switch collection | ||||||
26 | program that facilitates the removal of mercury switches from | ||||||
27 | end-of-life vehicles prior to the vehicles being flattened, | ||||||
28 | crushed, shredded, or otherwise processed for recycling and to | ||||||
29 | collect and properly manage mercury switches in accordance with | ||||||
30 | the Environmental Protection Act and regulations adopted | ||||||
31 | thereunder. In order to ensure that the mercury switches are | ||||||
32 | removed and collected in a safe and consistent manner, | ||||||
33 | manufacturers must, to the extent practicable, use the | ||||||
34 | currently available end-of-life vehicle recycling | ||||||
35 | infrastructure. The collection program must be designed to |
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1 | achieve capture rates of not less than (i) 35% for the period | ||||||
2 | of July 1, 2006, through June 30, 2007; (ii) 50% for the period | ||||||
3 | of July 1, 2007, through June 30, 2008; and (iii) 70% for the | ||||||
4 | period of July 1, 2008, through June 30, 2009 and for each | ||||||
5 | subsequent period of July 1 through June 30. At a minimum, the | ||||||
6 | collection program must: | ||||||
7 | (1) Develop and provide educational materials that | ||||||
8 | include guidance as to which vehicles may contain mercury | ||||||
9 | switches and procedures for locating and removing mercury | ||||||
10 | switches. The materials may include, but are not limited | ||||||
11 | to, brochures, fact sheets, and videos. | ||||||
12 | (2) Conduct outreach activities to encourage vehicle | ||||||
13 | recyclers and vehicle crushers to participate in the | ||||||
14 | mercury switch collection program. The activities may | ||||||
15 | include, but are not limited to, direct mailings, | ||||||
16 | workshops, and site visits.
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17 | (3) Provide storage containers to participating | ||||||
18 | vehicle recyclers and vehicle crushers for mercury | ||||||
19 | switches removed under the program.
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20 | (4) Provide a collection and transportation system to | ||||||
21 | periodically collect and replace filled storage containers | ||||||
22 | from vehicle recyclers, vehicle crushers, and scrap metal | ||||||
23 | recyclers, either upon notification that a storage | ||||||
24 | container is full or on a schedule predetermined by the | ||||||
25 | manufacturers. | ||||||
26 | (5) Establish an entity that will serve as a point of | ||||||
27 | contact for the collection program and that will establish, | ||||||
28 | implement, and oversee the collection program on behalf of | ||||||
29 | the manufacturers. | ||||||
30 | (6) Track participation in the collection program and | ||||||
31 | the progress of mercury switch removals and collections.
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32 | (b) Within 90 days of the effective date of this Act, | ||||||
33 | manufacturers of vehicles in Illinois that contain mercury | ||||||
34 | switches must submit to the Agency an implementation plan that | ||||||
35 | describes how the collection program under subsection (a) of | ||||||
36 | this Section will be carried out for the duration of the |
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1 | program and how the program will achieve the capture rates set | ||||||
2 | forth in subsection (a) of this Section. At a minimum, the | ||||||
3 | implementation plan must: | ||||||
4 | (A) Identify the educational materials that will | ||||||
5 | assist vehicle recyclers, vehicle crushers, and scrap | ||||||
6 | metal processors in identifying, removing, and properly | ||||||
7 | managing mercury switches removed from end-of-life | ||||||
8 | vehicles.
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9 | (B) Describe the outreach program that will be | ||||||
10 | undertaken to encourage vehicle recyclers and vehicle | ||||||
11 | crushers to participate in the mercury switch collection | ||||||
12 | program.
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13 | (C) Describe how the manufacturers will ensure that | ||||||
14 | mercury switches removed from end-of-life vehicles are | ||||||
15 | managed in accordance with the Illinois Environmental | ||||||
16 | Protection Act and regulations adopted thereunder. | ||||||
17 | (D) Describe how the manufacturers will collect and | ||||||
18 | document the information required in the quarterly reports | ||||||
19 | submitted pursuant to subsection (e) of this Section.
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20 | (E) Describe how the collection program will be | ||||||
21 | financed and implemented. | ||||||
22 | (F) Identify the manufacturer's address to which the | ||||||
23 | Agency should send the notice required under subsection (f) | ||||||
24 | of this Section.
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25 | The Agency shall review the collection program plans it | ||||||
26 | receives for completeness and shall notify the manufacturer in | ||||||
27 | writing if a plan is incomplete. Within 30 days after receiving | ||||||
28 | a notification of incompleteness from the Agency the | ||||||
29 | manufacturer shall submit to the Agency a plan that contains | ||||||
30 | all of the required information. | ||||||
31 | (c) The Agency must provide assistance to manufacturers in | ||||||
32 | their implementation of the collection program required under | ||||||
33 | this Section. The assistance shall include providing | ||||||
34 | manufacturers with information about businesses likely to be | ||||||
35 | engaged in vehicle recycling or vehicle crushing, conducting | ||||||
36 | site visits to promote participation in the collection program, |
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1 | and assisting with the scheduling, locating, and staffing of | ||||||
2 | workshops conducted to encourage vehicle recyclers and vehicle | ||||||
3 | crushers to participate in the collection program. | ||||||
4 | (d) Manufacturers subject to the collection program | ||||||
5 | requirements of this Section shall provide, to the extent | ||||||
6 | practicable, the opportunity for trade associations of vehicle | ||||||
7 | recyclers, vehicle crushers, and scrap metal recyclers to be | ||||||
8 | involved in the delivery and dissemination of educational | ||||||
9 | materials regarding the identification, removal, collection, | ||||||
10 | and proper management of mercury switches in end-of-life | ||||||
11 | vehicles. | ||||||
12 | (e) For the calendar quarter ending March 31, 2007, and for | ||||||
13 | each calendar quarter thereafter, not later than 45 days | ||||||
14 | following the close of the calendar quarter manufacturers | ||||||
15 | subject to the collection program requirements of this Section | ||||||
16 | must submit to the Agency a quarterly report that contains the | ||||||
17 | following information: (i) the number of vehicle recyclers, | ||||||
18 | vehicle crushers, and scrap metal recyclers participating in | ||||||
19 | the manufacturer's collection program during the reported | ||||||
20 | quarter, (ii) the number of mercury switches removed from | ||||||
21 | end-of-life vehicles during the reported quarter by the vehicle | ||||||
22 | recyclers, vehicle crushers, and scrap metal recyclers | ||||||
23 | participating in the program, and (iii) the amount of mercury | ||||||
24 | collected and recycled through the manufacturer's collection | ||||||
25 | program during the reported calendar quarter. | ||||||
26 | (f) If the reports required under this Act indicate that | ||||||
27 | the capture rates set forth in Subsection (a) of this Section | ||||||
28 | for the period of July 1, 2007, though June 30, 2008, or for | ||||||
29 | any subsequent period have not been met the Agency shall | ||||||
30 | provide notice that the capture rate was not met; provided, | ||||||
31 | however, that the Agency is not required to provide notice if | ||||||
32 | it determines that the capture rate was not met due to a force | ||||||
33 | majeure. The Agency shall provide the notice by posting a | ||||||
34 | statement on its website and by sending a written notice via | ||||||
35 | certified mail to the manufacturers subject to the collection | ||||||
36 | program requirement of this Section at the addresses provided |
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1 | in the manufacturers' collection plans. Once the Agency | ||||||
2 | provides notice pursuant to this subsection (f) it is not | ||||||
3 | required to provide notice in subsequent periods in which the | ||||||
4 | capture rate is not met. | ||||||
5 | (g) Beginning 30 days after the Agency first provides | ||||||
6 | notice pursuant to subsection (f) of this Section, the | ||||||
7 | following shall apply: | ||||||
8 | (1) Vehicle recyclers must remove all mercury switches | ||||||
9 | from end-of-life vehicles prior to delivering the vehicles | ||||||
10 | to an on-site or off-site vehicle crusher or to a scrap | ||||||
11 | metal recycler, provided that a vehicle recycler is not | ||||||
12 | required to remove a mercury switch that is inaccessible | ||||||
13 | due to significant damage to the vehicle in the area | ||||||
14 | surrounding the mercury switch that occurred prior to the | ||||||
15 | vehicle recycler's receipt of the vehicle in which case the | ||||||
16 | damage must be noted in the records the vehicle recycler is | ||||||
17 | required to maintain under Section 10(c) of this Act. | ||||||
18 | (2) No vehicle recycler, vehicle crusher, or scrap | ||||||
19 | metal recycler shall flatten, crush, or otherwise process | ||||||
20 | an end-of-life vehicle for recycling unless all mercury | ||||||
21 | switches have been removed from the vehicle, provided that | ||||||
22 | a mercury switch that is inaccessible due to significant | ||||||
23 | damage to the vehicle in the area surrounding the mercury | ||||||
24 | switch that occurred prior to the vehicle recycler's or the | ||||||
25 | vehicle crusher's receipt of the vehicle is not required to | ||||||
26 | be removed. The damage must
be noted in the records the | ||||||
27 | vehicle recycler or vehicle crusher is required to maintain | ||||||
28 | under Section 10(c) of this Act. | ||||||
29 | (3) Notwithstanding subsection (g)(1) of this Section, | ||||||
30 | a scrap metal recycler may agree to accept an end-of-life | ||||||
31 | vehicle that contains one or more mercury switches and that | ||||||
32 | has not been flattened, crushed, shredded, or otherwise | ||||||
33 | processed for recycling provided the scrap metal recycler | ||||||
34 | removes all mercury switches from the vehicle before the | ||||||
35 | vehicle is flattened, crushed, shredded, or otherwise | ||||||
36 | processed for recycling. Scrap metal recyclers are not |
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1 | required to remove a mercury switch that is inaccessible | ||||||
2 | due to significant damage to the vehicle in the area | ||||||
3 | surrounding the mercury switch that occurred prior to the | ||||||
4 | scrap metal recycler's receipt of the vehicle. The damage | ||||||
5 | must be noted in the records the scrap metal recycler is | ||||||
6 | required to maintain under Section 10(c) of this Act. | ||||||
7 | (4) Manufacturers subject to the collection program | ||||||
8 | requirements of this Section must provide to vehicle | ||||||
9 | recyclers, vehicle crushers, and scrap metal recyclers the | ||||||
10 | following compensation for all mercury switches removed | ||||||
11 | from end-of-life vehicles on or after the date of the | ||||||
12 | notice: $2.00 for each mercury switch removed by the | ||||||
13 | vehicle recycler, vehicle crusher, or the scrap metal | ||||||
14 | recycler, the costs of the containers in which the mercury | ||||||
15 | switches are collected, and the costs of packaging and | ||||||
16 | transporting the mercury switches off-site.
Payment of | ||||||
17 | this compensation must be provided in a prompt manner. | ||||||
18 | (h) In meeting the requirements of this Section | ||||||
19 | manufacturers may work individually or as part of a group of 2 | ||||||
20 | or more manufacturers. | ||||||
21 | Section 20. Evaluation. At the end of calendar year 2007, | ||||||
22 | and at the end of each year thereafter through calendar year | ||||||
23 | 2016, the Agency shall meet with manufacturers subject to the | ||||||
24 | collection program requirements of Section 15 of this Act to | ||||||
25 | review the performance of the manufacturers' mercury switch | ||||||
26 | collection program, provided that the manufacturers must | ||||||
27 | request such a meeting. If the program is not accomplishing the | ||||||
28 | objectives set forth in the implementation plan the Agency may | ||||||
29 | recommend modifications to the program or recommend the | ||||||
30 | investigation of additional methods to promote the removal, | ||||||
31 | collection, and proper management of mercury switches from | ||||||
32 | end-of-life vehicles. | ||||||
33 | Section 25. Agency recommendations.
Every 3 years the | ||||||
34 | Agency shall make a recommendation to the General Assembly as |
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1 | to whether the $2 fee required under Section 15 of this Act | ||||||
2 | should be modified to ensure adequate compensation for the | ||||||
3 | removal of mercury switches from end-of-life vehicles. In | ||||||
4 | developing its recommendations, the Agency shall seek comments | ||||||
5 | or information from interested persons, including, but not | ||||||
6 | limited to, representatives of vehicle recyclers, scrap metal | ||||||
7 | recyclers, vehicle manufacturers, steel and iron | ||||||
8 | manufacturers, and environmental groups. | ||||||
9 | Section 30. All information required to be submitted to the | ||||||
10 | Agency under this Act must be submitted on forms prescribed by | ||||||
11 | the Agency. | ||||||
12 | Section 35. The Agency shall have the duty to investigate | ||||||
13 | violations of this Act. | ||||||
14 | Section 40. Penalties. | ||||||
15 | (a) Any manufacturer that willfully or knowingly violates | ||||||
16 | any provision of this Act or fails to perform any duty imposed | ||||||
17 | by this Act shall be liable for a civil penalty not to exceed | ||||||
18 | $1,000 for the violation and an additional civil penalty not to | ||||||
19 | exceed $1,000 for each day the violation continues, and shall | ||||||
20 | be liable for a civil penalty not to exceed $10,000 for a | ||||||
21 | second or subsequent violation and an additional civil penalty | ||||||
22 | not to exceed $1,000 for each day the second or subsequent | ||||||
23 | violation continues. | ||||||
24 | (b) Any vehicle recycler, vehicle crusher, or scrap metal | ||||||
25 | recycler that willfully or knowingly violates any provision of | ||||||
26 | this Act or fails to perform any duty imposed by this Act shall | ||||||
27 | be liable for a civil penalty not to exceed $250 for the first | ||||||
28 | violation and not to exceed $500 for a second or subsequent | ||||||
29 | violation.
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30 | (c) The penalties provided for in this Section may be | ||||||
31 | recovered in a civil action brought in the name of the people | ||||||
32 | of the State of Illinois by the State's Attorney of the county | ||||||
33 | in which the violation occurred or by the Attorney General. |
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1 | Without limiting any other authority that may exist for the | ||||||
2 | awarding of attorney's fees and costs, a court of competent | ||||||
3 | jurisdiction may award costs and reasonable attorney's fees, | ||||||
4 | including the reasonable costs of expert witnesses and | ||||||
5 | consultants, to the State's Attorney or the Attorney General in | ||||||
6 | a case where he or she has prevailed against a person who has | ||||||
7 | committed a willful, knowing, or repeated violation of this | ||||||
8 | Act. Any funds collected under this Section in an action in | ||||||
9 | which the Attorney General has prevailed shall be deposited in | ||||||
10 | the Hazardous Waste Fund established under the Environmental | ||||||
11 | Protection Act. Any funds collected under this Section in an | ||||||
12 | action in which a State's Attorney has prevailed shall be | ||||||
13 | retained by the county in which he or she serves. | ||||||
14 | (d) The State's Attorney of the county in which the | ||||||
15 | violation occurred or the Attorney General may, at the request | ||||||
16 | of the Agency or on his or her own motion, institute a civil | ||||||
17 | action for an injunction, prohibitory or mandatory, to restrain | ||||||
18 | violations of this Act or to require such other actions as may | ||||||
19 | be necessary to address violations of this Act.
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20 | (e) The penalties and injunctions provided in this Act are | ||||||
21 | in addition to any penalties, injunctions, or other relief | ||||||
22 | provided under any other law. Nothing in this Act shall bar a | ||||||
23 | cause of action by the State for any other penalty, injunction, | ||||||
24 | or relief provided by any other law.
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25 | Section 45. Manufacturers subject to the collection | ||||||
26 | program requirement of Section 15 of this Act shall indemnify, | ||||||
27 | defend, and hold harmless vehicle recyclers, vehicle crushers, | ||||||
28 | and scrap metal recyclers for any liabilities arising from | ||||||
29 | releases from a mercury switch after the switch is transferred | ||||||
30 | under the manufacturer's collection program to the | ||||||
31 | manufacturer or its agent. | ||||||
32 | Section 50. If the Agency determines that the requirements | ||||||
33 | of this Act are no longer necessary because a federal program | ||||||
34 | provides equal or greater protection of human health and safety |
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| |||||||
1 | and the environment in this State, the Agency shall submit a | ||||||
2 | report of its determination to the General Assembly. In making | ||||||
3 | its determination the Agency shall seek comments or information | ||||||
4 | from interested persons, including, but not limited to, | ||||||
5 | representatives of vehicle recyclers, vehicle crushers, scrap | ||||||
6 | metal recyclers, vehicle manufacturers, steel and iron | ||||||
7 | manufacturers, and environmental groups. | ||||||
8 | Section 55. Repealer. This Act is repealed on January 1, | ||||||
9 | 2018.
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
|