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1 | AN ACT concerning safety.
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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 5. The Electronic Products Recycling and Reuse Act | ||||||||||||||||||||||||||||
5 | is amended by changing Sections 20, 30, and 50 as follows: | ||||||||||||||||||||||||||||
6 | (415 ILCS 150/20)
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7 | Sec. 20. Agency responsibilities. | ||||||||||||||||||||||||||||
8 | (a) The Agency has the authority to monitor compliance with | ||||||||||||||||||||||||||||
9 | this Act and to refer violations of this Act to the Attorney | ||||||||||||||||||||||||||||
10 | General. | ||||||||||||||||||||||||||||
11 | (b) No later than October 1 of each program year, the | ||||||||||||||||||||||||||||
12 | Agency shall post on its website a list of underserved counties | ||||||||||||||||||||||||||||
13 | in the State for the next program year. The list of underserved | ||||||||||||||||||||||||||||
14 | counties for the first program year is set forth in subsection | ||||||||||||||||||||||||||||
15 | (a) of Section 60. | ||||||||||||||||||||||||||||
16 | (c) By July 1, 2009, the Agency shall implement a county | ||||||||||||||||||||||||||||
17 | and municipal government education campaign to inform those | ||||||||||||||||||||||||||||
18 | entities about this Act and the implications on solid waste | ||||||||||||||||||||||||||||
19 | collection in their localities. | ||||||||||||||||||||||||||||
20 | (d) By July 1, 2011 for the first program year, and by | ||||||||||||||||||||||||||||
21 | April 1 for all subsequent program years, the Agency shall | ||||||||||||||||||||||||||||
22 | report to the Governor and to the General Assembly annually on | ||||||||||||||||||||||||||||
23 | the previous program year's performance. The report must be |
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1 | posted on the Agency's website. The report must include, but | ||||||
2 | not be limited to, the following: | ||||||
3 | (1) the total overall weight of CEDs, as well as the | ||||||
4 | sub-total weight of computers, the sub-total weight of | ||||||
5 | computer monitors, the sub-total weight of printers, the | ||||||
6 | sub-total weight of televisions, and the total weight of | ||||||
7 | EEDs that were recycled or processed for reuse in the State | ||||||
8 | during the program year, as reported by manufacturers and | ||||||
9 | collectors under Sections 30 and 55; | ||||||
10 | (2) a listing of all collection sites as set forth | ||||||
11 | under subsection (e) of Section 55; | ||||||
12 | (3) a statement of the manufacturers' progress toward | ||||||
13 | achieving the statewide recycling goal set forth in Section | ||||||
14 | 15 (calculated from the manufacturer reports pursuant to | ||||||
15 | Section 30 and the collector reports pursuant to Section | ||||||
16 | 55) and any identified State actions that may help expand | ||||||
17 | collection opportunities to help manufacturers achieve the | ||||||
18 | statewide recycling goal; | ||||||
19 | (4) a listing of any manufacturers whom the Agency | ||||||
20 | referred to the Attorney General's Office for enforcement | ||||||
21 | as a result of a violation of this Act; | ||||||
22 | (5) a discussion of the Agency's education and outreach | ||||||
23 | activities; and | ||||||
24 | (6) a discussion of the penalties, if any, incurred by | ||||||
25 | manufacturers for failure to achieve recycling goals, and a | ||||||
26 | recommendation to the General Assembly of any necessary or |
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1 | appropriate changes to the statewide recycling goals, | ||||||
2 | manufacturer's recycling goals, or penalty provisions | ||||||
3 | included in this Act. | ||||||
4 | (e) The Agency shall post on its website (1) a list of | ||||||
5 | manufacturers that have paid the current year's registration | ||||||
6 | fee as set forth in Section 30(b) and (2) a list of registered | ||||||
7 | collectors to whom Illinois residents can bring CEDs and EEDs | ||||||
8 | for recycling or processing for reuse, including links to the | ||||||
9 | collectors' websites and the collectors' phone numbers. | ||||||
10 | (f) In program years 2012, 2013, and 2014, and at its | ||||||
11 | discretion thereafter, the Agency shall convene and host an | ||||||
12 | Electronic Products Recycling Conference. The Agency may host | ||||||
13 | the conferences alone or with other public entities or with | ||||||
14 | organizations associated with electronic products recycling. | ||||||
15 | (g) No later than October 1 of each program year, the | ||||||
16 | Agency must post on its website the following information for | ||||||
17 | the next program year: | ||||||
18 | (1) The overall statewide recycling and reuse goal for | ||||||
19 | CEDs, as well as the sub-goals for televisions, and | ||||||
20 | computers, computer monitors, and printers as set forth in | ||||||
21 | Section 15. | ||||||
22 | (2) The market shares of television manufacturers and | ||||||
23 | the return shares of computer, computer monitor, and | ||||||
24 | printer manufacturers, as set forth in Section 18 . , and | ||||||
25 | (3) The individual recycling and reuse goals for each | ||||||
26 | manufacturer, as set forth in Section 19. |
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1 | (4) A list of refurbishers that were not required to | ||||||
2 | pay a registration fee in the last program year because of | ||||||
3 | the operation of subsection (e) of Section 50. | ||||||
4 | (h) By April 1, 2011, and by April 1 of all subsequent | ||||||
5 | years, the Agency shall recognize those manufacturers that have | ||||||
6 | met or exceeded their recycling or reuse goals for the previous | ||||||
7 | program year. Such recognition shall be the awarding to all | ||||||
8 | such manufacturers of an Electronic Industry Recycling Award, | ||||||
9 | which shall be recognized on the Agency website and other media | ||||||
10 | as appropriate. | ||||||
11 | (i) By March 1, 2011, and by March 1 of each subsequent | ||||||
12 | year, the Agency shall post on its website a list of registered | ||||||
13 | manufacturers that have not met their annual recycling and | ||||||
14 | reuse goal for the previous program year.
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15 | (j) By July 1, 2012, the Agency shall solicit written | ||||||
16 | comments regarding all aspects of the program codified in this | ||||||
17 | Act, for the purpose of determining if the program requires any | ||||||
18 | modifications. | ||||||
19 | (1) Issues to be reviewed by the Agency are, but not | ||||||
20 | limited to, the following: | ||||||
21 | (A) Sufficiency of the annual statewide recycling | ||||||
22 | goals. | ||||||
23 | (B) Fairness of the formulas used to determine | ||||||
24 | individual manufacturer goals. | ||||||
25 | (C) Adequacy of, or the need for, continuation of | ||||||
26 | the credits outlined in Section 30(d)(1) through (3). |
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1 | (D) Any temporary recissions of county landfill | ||||||
2 | bans granted by the Illinois Pollution Control Board | ||||||
3 | pursuant to Section 95(e). | ||||||
4 | (E) Adequacy of, or the need for, the penalties | ||||||
5 | listed in Section 80 of this Act, which are scheduled | ||||||
6 | to take effect on January 1, 2013. | ||||||
7 | (F) Adequacy of the collection systems that have | ||||||
8 | been implemented as a result of this Act, with a | ||||||
9 | particular focus on promoting the most cost-effective | ||||||
10 | and convenient collection system possible for Illinois | ||||||
11 | residents. | ||||||
12 | (2) By July 1, 2012, the Agency shall complete its | ||||||
13 | review of the written comments received, as well as its own | ||||||
14 | reports on program years 2010 and 2011. By August 1, 2012, | ||||||
15 | the Agency shall hold a public hearing to present its | ||||||
16 | findings and solicit additional comments. All additional | ||||||
17 | comments shall be submitted to the Agency in writing no | ||||||
18 | later than October 1, 2012. | ||||||
19 | (3) The Agency's final report, which shall be issued no | ||||||
20 | later than February 1, 2013, shall be submitted to the | ||||||
21 | Governor and the General Assembly and shall include | ||||||
22 | specific recommendations for any necessary or appropriate | ||||||
23 | modifications to the program.
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24 | (Source: P.A. 95-959, eff. 9-17-08; 96-328, eff. 8-11-09.) | ||||||
25 | (415 ILCS 150/30) |
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1 | Sec. 30. Manufacturer responsibilities. | ||||||
2 | (a) Prior to April 1, 2009 for the first program year, and | ||||||
3 | by October 1 for program year 2011 and thereafter, | ||||||
4 | manufacturers whose computers, computer monitors, printers, or | ||||||
5 | televisions are sold in this State must register with the | ||||||
6 | Agency. The registration must be submitted in the form and | ||||||
7 | manner required by the Agency. The registration must include, | ||||||
8 | without limitation, all of the following: | ||||||
9 | (1) a list of all of the manufacturer's brands of | ||||||
10 | computers, computer monitors, printers, or televisions to | ||||||
11 | be offered for sale in the next program year; | ||||||
12 | (2) for manufacturers of both televisions and | ||||||
13 | computers, computer monitors, or printers, an | ||||||
14 | identification of whether, for residential use, (i) | ||||||
15 | televisions or (ii) computers, computer monitors, and | ||||||
16 | printers, represent the larger number of units sold for the | ||||||
17 | manufacturer; and | ||||||
18 | (3) a statement disclosing whether: | ||||||
19 | (A) any computer, computer monitor, printer, or | ||||||
20 | television sold in this State exceeds the maximum | ||||||
21 | concentration values established for lead, mercury, | ||||||
22 | cadmium, hexavalent chromium, polybrominated biphenyls | ||||||
23 | (PBBs), and polybrominated diphenyl ethers (PBDEEs) | ||||||
24 | under the RoHS (restricting the use of certain | ||||||
25 | hazardous substances in electrical and electronic | ||||||
26 | equipment) Directive 2002/95/EC of the European |
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1 | Parliament and Council and any amendments thereto and, | ||||||
2 | if so, an identification of that computer, computer | ||||||
3 | monitor, or television; or | ||||||
4 | (B) the manufacturer has received an exemption | ||||||
5 | from one or more of those maximum concentration values | ||||||
6 | under the RoHS Directive that has been approved and | ||||||
7 | published by the European Commission. | ||||||
8 | If, during the program year, a manufacturer's computer, | ||||||
9 | computer monitor, printer, or television is sold or offered for | ||||||
10 | sale under a new brand that is not listed in the manufacturer's | ||||||
11 | registration, then, within 30 days after the first sale or | ||||||
12 | offer for sale under the new brand, the manufacturer must amend | ||||||
13 | its registration to add the new brand. | ||||||
14 | (b) Prior to July 1, 2009 for the first program year, and | ||||||
15 | by the November 1 preceding program years 2011 and later, all | ||||||
16 | manufacturers whose computers, computer monitors, or | ||||||
17 | televisions are sold in the State shall submit to the Agency, | ||||||
18 | at an address prescribed by the Agency, the registration fee | ||||||
19 | for the next program year. The registration fee for program | ||||||
20 | year 2010 is $5,000. | ||||||
21 | For program years 2011 and later, the registration fee is | ||||||
22 | increased each year by an inflation factor determined by the | ||||||
23 | annual Implicit Price Deflator for Gross National Product, as | ||||||
24 | published by the U.S. Department of Commerce in its Survey of | ||||||
25 | Current Business. The inflation factor must be calculated each | ||||||
26 | year by dividing the latest published annual Implicit Price |
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1 | Deflator for Gross National Product by the annual Implicit | ||||||
2 | Price Deflator for Gross National Product for the previous | ||||||
3 | year. The inflation factor must be rounded to the nearest | ||||||
4 | 1/100th, and the resulting registration fee must be rounded to | ||||||
5 | the nearest whole dollar. No later than October 1 of each | ||||||
6 | program year, the Agency shall post on its website the | ||||||
7 | registration fee for the next program year. | ||||||
8 | (c) A manufacturer whose computers, computer monitors, | ||||||
9 | printers, or televisions are first sold or offered for sale in | ||||||
10 | this State on or after January 1 of a program year must | ||||||
11 | register with the Agency in accordance with subsection (a) of | ||||||
12 | this Section and submit the registration fee required under | ||||||
13 | subsection (b) of this Section prior to the manufacturer's | ||||||
14 | computers, computer monitors, printers, or televisions being | ||||||
15 | sold or offered for sale. | ||||||
16 | (d) Each manufacturer shall recycle or process for reuse | ||||||
17 | CEDs and EEDs whose total weight equals or exceeds the | ||||||
18 | manufacturer's individual recycling and reuse goal set forth in | ||||||
19 | Section 19 of this Act. Individual consumers may not be charged | ||||||
20 | an end-of-life fee when bringing their CEDs and EEDs to | ||||||
21 | permanent or temporary collection locations, unless a | ||||||
22 | financial incentive of equal or greater value, such as a | ||||||
23 | coupon, is provided. Collectors may charge a fee for premium | ||||||
24 | services such as curbside collection, home pick-up, or a | ||||||
25 | similar method of collection. | ||||||
26 | When determining whether a manufacturer has met or exceeded |
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1 | its individual recycling and reuse goal set forth in Section 19 | ||||||
2 | of this Act, all of the following adjustments must be made: | ||||||
3 | (1) The total weight of CEDs processed for reuse by the | ||||||
4 | manufacturer, its recyclers, or its refurbishers is | ||||||
5 | doubled. | ||||||
6 | (2) The total weight of CEDs is tripled if they are | ||||||
7 | donated for reuse by the manufacturer to a primary or | ||||||
8 | secondary public education institution or to a | ||||||
9 | not-for-profit entity that is established under Section | ||||||
10 | 501(c)(3) of the Internal Revenue Code of 1986 and whose | ||||||
11 | principal mission is to assist low-income children or | ||||||
12 | families or to assist the developmentally disabled in | ||||||
13 | Illinois. This subsection applies only to CEDs for which | ||||||
14 | the manufacturer has received a written confirmation that | ||||||
15 | the recipient has accepted the donation. Copies of all | ||||||
16 | written confirmations must be submitted in the annual | ||||||
17 | report required under Section 30. | ||||||
18 | (3) The total weight of CEDs collected by manufacturers | ||||||
19 | free of charge in underserved counties is doubled. This | ||||||
20 | subsection applies only to CEDs that are documented by | ||||||
21 | collectors as being collected or received free of charge in | ||||||
22 | underserved counties. This documentation must include, | ||||||
23 | without limitation, the date and location of collection or | ||||||
24 | receipt, the weight of the CEDs collected or received, and | ||||||
25 | an acknowledgement by the collector that the CEDs were | ||||||
26 | collected or received free of charge. Copies of the |
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1 | documentation must be submitted in the annual report | ||||||
2 | required under subsection (h), (i), (j), (k), or (l) of | ||||||
3 | Section 30. | ||||||
4 | (4) The total weight of CEDs is tripled if they are | ||||||
5 | donated for reuse by the manufacturer to a refurbisher that | ||||||
6 | is not required to pay a registration fee because of the | ||||||
7 | operation of subsection (e) of Section 50. | ||||||
8 | (e) Manufacturers of computers, computer monitors, or | ||||||
9 | printers, either individually or collectively, shall hire an | ||||||
10 | independent third-party auditor to perform statistically | ||||||
11 | significant return share samples of CEDs received by recyclers | ||||||
12 | and refurbishers for recycling or processing for reuse. Each | ||||||
13 | third-party auditor shall perform a return share sample of CEDs | ||||||
14 | for at least one 8-hour period, once a quarter during the | ||||||
15 | program year at the facility of each registered recycler and | ||||||
16 | refurbisher under contract with the manufacturer or group of | ||||||
17 | manufacturers that has hired the auditor. The audit shall | ||||||
18 | contain the following data: | ||||||
19 | (1) the number and weight of CEDs, sorted by brand name | ||||||
20 | and product type, including a category for orphan CEDs; | ||||||
21 | (2) the total weight of the sample by product type; | ||||||
22 | (3) the date, location, and time of the sampling; | ||||||
23 | (4) the name or names of the manufacturer for whom the | ||||||
24 | recycler is performing activities under this Act; and | ||||||
25 | (5) a certification by the third-party auditor that the | ||||||
26 | sampling is statistically significant and, if not, an |
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1 | explanation as to what occurred to render the sampling | ||||||
2 | insignificant. | ||||||
3 | The manufacturer shall notify the Agency 30 days prior to | ||||||
4 | the third-party auditor's return share sampling by providing | ||||||
5 | the Agency with the time and date on which the third-party | ||||||
6 | auditor will perform the return share sample. The Agency may, | ||||||
7 | at its discretion, be present at any sampling event and may | ||||||
8 | audit the methodology and the results of the third-party | ||||||
9 | auditor. | ||||||
10 | No less than 30 days after the close of each calendar | ||||||
11 | quarter, the manufacturer shall submit to the Agency the | ||||||
12 | results of the third-party samplings conducted during the | ||||||
13 | quarter. The results shall be submitted in the form and manner | ||||||
14 | required by the Agency. | ||||||
15 | (f) Manufacturers shall ensure that only recyclers and | ||||||
16 | refurbishers that have registered with the Agency are used to | ||||||
17 | meet the individual recycling and reuse goals set forth in this | ||||||
18 | Act. | ||||||
19 | (g) Manufacturers shall ensure that the recyclers and | ||||||
20 | refurbishers used to meet the individual recycling and reuse | ||||||
21 | goals set forth in this Act shall, at a minimum, comply with | ||||||
22 | the standards set forth under subsection (d) of Section 50 of | ||||||
23 | this Act. | ||||||
24 | (h) By August 15, 2009, television manufacturers shall | ||||||
25 | submit to the Agency, in the form and manner required by the | ||||||
26 | Agency, a report that contains the total weight of televisions |
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1 | sold under each of the manufacturer's brands to individuals at | ||||||
2 | retail in this State, as set forth in the reports to | ||||||
3 | manufacturers by retailers under subsection (c) of Section 40. | ||||||
4 | (i) No later than September 1, 2010, television | ||||||
5 | manufacturers must submit to the Agency, in the form and manner | ||||||
6 | required by the Agency, a report for the period January 1, 2010 | ||||||
7 | through June 30, 2010 that contains the following information: | ||||||
8 | (1) the total weight of televisions sold under each of | ||||||
9 | the manufacturer's brands to individuals at retail in this | ||||||
10 | State, as set forth in the reports submitted under | ||||||
11 | subsection (d) of Section 40; and | ||||||
12 | (2) the total weight of computers, the total weight of | ||||||
13 | computer monitors, the total weight of printers, the total | ||||||
14 | weight of televisions, and the total weight of EEDs | ||||||
15 | recycled or processed for reuse. | ||||||
16 | (j) By August 15, 2010, computer, computer monitor, and | ||||||
17 | printer manufacturers shall submit to the Agency, on forms and | ||||||
18 | in a format prescribed by the Agency, a report for the period | ||||||
19 | January 1, 2010 through June 30, 2010 that contains the total | ||||||
20 | weight of computers, the total weight of computer monitors, the | ||||||
21 | total weight of printers, the total weight of televisions, and | ||||||
22 | the total weight of EEDs, recycled or processed for reuse. | ||||||
23 | (k) No later than April 1 of program years 2011 and | ||||||
24 | thereafter, television manufacturers shall submit to the | ||||||
25 | Agency, in the form and manner required by the Agency, a report | ||||||
26 | that contains the following information for the previous |
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1 | program year: | ||||||
2 | (1) the total weight of televisions sold under each of | ||||||
3 | the manufacturer's brands to individuals at retail in this | ||||||
4 | State, as set forth in the reports submitted under | ||||||
5 | subsection (e) of Section 40; | ||||||
6 | (2) the total weight of computers, the total weight of | ||||||
7 | computer monitors, the total weight of printers, the total | ||||||
8 | weight of televisions, and the total weight of EEDs | ||||||
9 | recycled or processed for reuse; | ||||||
10 | (3) the identification of all weights that are adjusted | ||||||
11 | under subsection (d) of this Section. For all weights | ||||||
12 | adjusted under item (2) of subsection (d), the manufacturer | ||||||
13 | must include copies of the written confirmation required | ||||||
14 | under that subsection; | ||||||
15 | (4) a list of each recycler, refurbisher, and collector | ||||||
16 | used by the manufacturer to fulfill the manufacturer's | ||||||
17 | individual recycling and reuse goal set forth in Section 19 | ||||||
18 | of this Act; | ||||||
19 | (5) a summary of the manufacturer's consumer education | ||||||
20 | program required under subsection (m) of this Section. | ||||||
21 | (l) No later than April 1 of program years 2011 and | ||||||
22 | thereafter, computer, computer monitor, and printer | ||||||
23 | manufacturers shall submit to the Agency, on forms and in a | ||||||
24 | format prescribed by the Agency, a report that contains the | ||||||
25 | following information for the previous program year: | ||||||
26 | (1) the total weight of computers, the total weight of |
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1 | computer monitors, the total weight of printers, the total | ||||||
2 | weight of televisions, and the total weight of EEDs | ||||||
3 | recycled or processed for reuse; | ||||||
4 | (2) the identification of all weights that are adjusted | ||||||
5 | under subsection (d) of this Section. For all weights | ||||||
6 | adjusted under item (2) of subsection (d), the manufacturer | ||||||
7 | must include copies of the written confirmation required | ||||||
8 | under that subsection; | ||||||
9 | (3) a list of each recycler, refurbisher, and collector | ||||||
10 | used by the manufacturer to fulfill the manufacturer's | ||||||
11 | individual recycling and reuse goal set forth in subsection | ||||||
12 | (c) of Section 15 of this Act; and | ||||||
13 | (4) a summary of the manufacturer's consumer education | ||||||
14 | program required under subsection (m) of this Section. | ||||||
15 | (m) Manufacturers must develop and maintain a consumer | ||||||
16 | education program that complements and corresponds to the | ||||||
17 | primary retailer-driven campaign required under Section 40 of | ||||||
18 | this Act. The education program shall promote the recycling of | ||||||
19 | electronic products and proper end-of-life management of the | ||||||
20 | products by consumers. | ||||||
21 | (n) Beginning January 1 2010, no manufacturer may sell a | ||||||
22 | computer, computer monitor, printer, or television in this | ||||||
23 | State unless the manufacturer is registered with the State as | ||||||
24 | required under this Act, has paid the required registration | ||||||
25 | fee, and is otherwise in compliance with the provisions of this | ||||||
26 | Act. |
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1 | (o) Beginning January 1, 2010, no manufacturer may sell a | ||||||
2 | computer, computer monitor, printer, or television in this | ||||||
3 | State unless the manufacturer's brand name is permanently | ||||||
4 | affixed to, and is readily visible on, the computer, computer | ||||||
5 | monitor, printer, or television. | ||||||
6 | (Source: P.A. 95-959, eff. 9-17-08.) | ||||||
7 | (415 ILCS 150/50)
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8 | Sec. 50. Recycler and refurbisher registration. | ||||||
9 | (a) Prior to January 1 of each program year, each recycler | ||||||
10 | and refurbisher must register with the Agency and submit a | ||||||
11 | registration fee pursuant to subsection (b) for that program | ||||||
12 | year. Registration must be on forms and in a format prescribed | ||||||
13 | by the Agency and shall include, but not be limited to, the | ||||||
14 | address of each location where the recycler or refurbisher | ||||||
15 | manages CEDs or EEDs and identification of each location at | ||||||
16 | which the recycler or refurbisher accepts CEDs or EEDs from a | ||||||
17 | residence. | ||||||
18 | (b) The registration fee for program year 2010 is $2,000. | ||||||
19 | For program years 2011 and thereafter, the registration fee is | ||||||
20 | increased each year by an inflation factor determined by the | ||||||
21 | annual Implicit Price Deflator for Gross National Product as | ||||||
22 | published by the U.S. Department of Commerce in its Survey of | ||||||
23 | Current Business. The inflation factor must be calculated each | ||||||
24 | year by dividing the latest published annual Implicit Price | ||||||
25 | Deflator for Gross National Product by the annual Implicit |
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| |||||||
1 | Price Deflator for Gross National Product for the previous | ||||||
2 | year. The inflation factor must be rounded to the nearest | ||||||
3 | 1/100th, and the resulting registration fee must be rounded to | ||||||
4 | the nearest whole dollar. No later than October 1 of each | ||||||
5 | program year, the Agency shall post on its website the | ||||||
6 | registration fee for the next program year. | ||||||
7 | (c) No person may act as a recycler or a refurbisher of | ||||||
8 | CEDs for a manufacturer obligated to meet goals under this Act | ||||||
9 | unless the recycler or refurbisher is registered and has paid | ||||||
10 | the registration fee as required under this Section. | ||||||
11 | (d) Recyclers and refurbishers must, at a minimum, comply | ||||||
12 | with all of the following: | ||||||
13 | (1) Recyclers and refurbishers must comply with | ||||||
14 | federal, State, and local laws and regulations, including | ||||||
15 | federal and State minimum wage laws, specifically relevant | ||||||
16 | to the handling, processing, refurbishing and recycling of | ||||||
17 | residential CEDs and must have proper authorization by all | ||||||
18 | appropriate governing authorities to perform the handling, | ||||||
19 | processing, refurbishment, and recycling. | ||||||
20 | (2) Recyclers and refurbishers must implement the | ||||||
21 | appropriate measures to safeguard occupational and | ||||||
22 | environmental health and safety, through the following: | ||||||
23 | (A) environmental health and safety training of | ||||||
24 | personnel, including training with regard to material | ||||||
25 | and equipment handling, worker exposure, controlling | ||||||
26 | releases, and safety and emergency procedures; |
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1 | (B) an up-to-date, written plan for the | ||||||
2 | identification and management of hazardous materials; | ||||||
3 | and | ||||||
4 | (C) an up-to-date, written plan for reporting and | ||||||
5 | responding to exceptional pollutant releases, | ||||||
6 | including emergencies such as accidents, spills, | ||||||
7 | fires, and explosions. | ||||||
8 | (3) Recyclers and refurbishers must maintain (i) | ||||||
9 | commercial general liability insurance or the equivalent | ||||||
10 | corporate guarantee for accidents and other emergencies | ||||||
11 | with limits of not less than $1,000,000 per occurrence and | ||||||
12 | $1,000,000 aggregate and (ii) pollution legal liability | ||||||
13 | insurance with limits not less than $1,000,000 per | ||||||
14 | occurrence for companies engaged solely in the dismantling | ||||||
15 | activities and $5,000,000 per occurrence for companies | ||||||
16 | engaged in recycling. | ||||||
17 | (4) Recyclers and refurbishers must maintain on file | ||||||
18 | documentation that demonstrates the completion of an | ||||||
19 | environmental health and safety audit completed and | ||||||
20 | certified by a competent internal and external auditor | ||||||
21 | annually. A competent auditor is an individual who, through | ||||||
22 | professional training or work experience, is appropriately | ||||||
23 | qualified to evaluate the environmental health and safety | ||||||
24 | conditions, practices, and procedures of the facility. | ||||||
25 | Documentation of auditors' qualifications must be | ||||||
26 | available for inspection by Agency officials and |
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1 | third-party auditors. | ||||||
2 | (5) Recyclers and refurbishers must maintain on file | ||||||
3 | proof of workers' compensation and employers' liability | ||||||
4 | insurance. | ||||||
5 | (6) Recyclers and refurbishers must provide adequate | ||||||
6 | assurance (such as bonds or corporate guarantee) to cover | ||||||
7 | environmental and other costs of the closure of the | ||||||
8 | recycler or refurbisher's facility, including cleanup of | ||||||
9 | stockpiled equipment and materials. | ||||||
10 | (7) Recyclers and refurbishers must apply due | ||||||
11 | diligence principles to the selection of facilities to | ||||||
12 | which components and materials (such as plastics, metals, | ||||||
13 | and circuit boards) from CEDs and EEDs are sent for reuse | ||||||
14 | and recycling. | ||||||
15 | (8) Recyclers and refurbishers must establish a | ||||||
16 | documented environmental management system that is | ||||||
17 | appropriate in level of detail and documentation to the | ||||||
18 | scale and function of the facility, including documented | ||||||
19 | regular self-audits or inspections of the recycler or | ||||||
20 | refurbisher's environmental compliance at the facility. | ||||||
21 | (9) Recyclers and refurbishers must use the | ||||||
22 | appropriate equipment for the proper processing of | ||||||
23 | incoming materials as well as controlling environmental | ||||||
24 | releases to the environment. The dismantling operations | ||||||
25 | and storage of CED and EED components that contain | ||||||
26 | hazardous substances must be conducted indoors and over |
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1 | impervious floors. Storage areas must be adequate to hold | ||||||
2 | all processed and unprocessed inventory. When heat is used | ||||||
3 | to soften solder and when CED and EED components are | ||||||
4 | shredded, operations must be designed to control indoor and | ||||||
5 | outdoor hazardous air emissions. | ||||||
6 | (10) Recyclers and refurbishers must establish a | ||||||
7 | system for identifying and properly managing components | ||||||
8 | (such as circuit boards, batteries, CRTs, and mercury | ||||||
9 | phosphor lamps) that are removed from CEDs and EEDs during | ||||||
10 | disassembly. Recyclers and refurbishers must properly | ||||||
11 | manage all hazardous and other components requiring | ||||||
12 | special handling from CEDs and EEDs consistent with | ||||||
13 | federal, State, and local laws and regulations. Recyclers | ||||||
14 | and refurbishers must provide visible tracking (such as | ||||||
15 | hazardous waste manifests or bills of lading) of hazardous | ||||||
16 | components and materials from the facility to the | ||||||
17 | destination facilities and documentation (such as | ||||||
18 | contracts) stating how the destination facility processes | ||||||
19 | the materials received. No recycler or refurbisher may | ||||||
20 | send, either directly or through intermediaries, hazardous | ||||||
21 | wastes to solid waste (non-hazardous waste) landfills or to | ||||||
22 | non-hazardous waste incinerators for disposal or energy | ||||||
23 | recovery. For the purpose of these guidelines, smelting of | ||||||
24 | hazardous wastes to recover metals for reuse in conformance | ||||||
25 | with all applicable laws and regulations is not considered | ||||||
26 | disposal or energy recovery. |
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1 | (11) Recyclers and refurbishers must use a regularly | ||||||
2 | implemented and documented monitoring and record-keeping | ||||||
3 | program that tracks inbound CED and EED material weights | ||||||
4 | (total) and subsequent outbound weights (total to each | ||||||
5 | destination), injury and illness rates, and compliance | ||||||
6 | with applicable permit parameters including monitoring of | ||||||
7 | effluents and emissions. Recyclers and refurbishers must | ||||||
8 | maintain contracts or other documents, such as sales | ||||||
9 | receipts, suitable to demonstrate: (i) the reasonable | ||||||
10 | expectation that there is a downstream market or uses for | ||||||
11 | designated electronics (which may include recycling or | ||||||
12 | reclamation processes such as smelting to recover metals | ||||||
13 | for reuse); and (ii) that any residuals from recycling or | ||||||
14 | reclamation processes, or both, are properly handled and | ||||||
15 | managed to maximize reuse and recycling of materials to the | ||||||
16 | extent practical. | ||||||
17 | (12) Recyclers and refurbishers must comply with | ||||||
18 | federal and international law and agreements regarding the | ||||||
19 | export of used products or materials. In the case of | ||||||
20 | exports of CEDs and EEDs, recyclers and refurbishers must | ||||||
21 | comply with applicable requirements of the U.S. and of the | ||||||
22 | import and transit countries and must maintain proper | ||||||
23 | business records documenting its compliance. No recycler | ||||||
24 | or refurbisher may establish or use intermediaries for the | ||||||
25 | purpose of circumventing these U.S. import and transit | ||||||
26 | country requirements. |
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1 | (13) Recyclers and refurbishers that conduct | ||||||
2 | transactions involving the transboundary shipment of used | ||||||
3 | CEDs and EEDs shall use contracts (or the equivalent | ||||||
4 | commercial arrangements) made in advance that detail the | ||||||
5 | quantity and nature of the materials to be shipped. For the | ||||||
6 | export of materials to a foreign country (directly or | ||||||
7 | indirectly through downstream market contractors): (i) the | ||||||
8 | shipment of intact televisions and computer monitors | ||||||
9 | destined for reuse must include only whole products that | ||||||
10 | are tested and certified as being in working order or | ||||||
11 | requiring only minor repair (e.g. not requiring the | ||||||
12 | replacement of circuit boards or CRTs), must be destined | ||||||
13 | for reuse with respect to the original purpose, and the | ||||||
14 | recipient must have verified a market for the sale or | ||||||
15 | donation of such product for reuse; (ii) the shipments of | ||||||
16 | CEDs and EEDs for material recovery must be prepared in a | ||||||
17 | manner for recycling, including, without limitation, | ||||||
18 | smelting where metals will be recovered, plastics recovery | ||||||
19 | and glass-to-glass recycling; or (iii) the shipment of CEDs | ||||||
20 | and EEDs are being exported to companies or facilities that | ||||||
21 | are owned or controlled by the original equipment | ||||||
22 | manufacturer. | ||||||
23 | (14) Recyclers and refurbishers must maintain the | ||||||
24 | following export records for each shipment on file for a | ||||||
25 | minimum of 3 years: (i) the facility name and the address | ||||||
26 | to which shipment is exported; (ii) the shipment contents |
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1 | and volumes; (iii) the intended use of contents by the | ||||||
2 | destination facility; (iv) any specification required by | ||||||
3 | the destination facility in relation to shipment contents; | ||||||
4 | and (v) an assurance that all shipments for export, as | ||||||
5 | applicable to the CED manufacturer, are legal and satisfy | ||||||
6 | all applicable laws of the destination country. | ||||||
7 | (15) Recyclers and refurbishers must employ | ||||||
8 | industry-accepted procedures for the destruction or | ||||||
9 | sanitization of data on hard drives and other data storage | ||||||
10 | devices. Acceptable guidelines for the destruction or | ||||||
11 | sanitization of data are contained in the National | ||||||
12 | Institute of Standards and Technology's Guidelines for | ||||||
13 | Media Sanitation or those guidelines certified by the | ||||||
14 | National Association for Information Destruction . ; | ||||||
15 | (16) No recycler or refurbisher may employ prison labor | ||||||
16 | in any operation related to the collection, | ||||||
17 | transportation, recycling, and refurbishment of CEDs and | ||||||
18 | EEDs. No recycler or refurbisher may employ any third party | ||||||
19 | that uses or subcontracts for the use of prison labor.
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20 | (e) A refurbisher that is a not-for-profit entity | ||||||
21 | established under Section 501(c)(3) of the Internal Revenue | ||||||
22 | Code, had, during its most recent fiscal year, an annual | ||||||
23 | operating budget of less than $250,000, and distributes | ||||||
24 | refurbished products to low-income families or the | ||||||
25 | developmentally disabled is exempt from the registration fee | ||||||
26 | otherwise required under this Section. |
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1 | (Source: P.A. 95-959, eff. 9-17-08.)
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