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1     AN ACT concerning environmental safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Mercury Thermostat Collection Act.
 
6     Section 10. Definitions.
7     "Agency" means the Environmental Protection Agency.
8     "Board" means the Pollution Control Board.
9     "Mercury thermostat" means a product or device that uses a
10 mercury switch to sense and control room temperature through
11 communication with heating, ventilating, or air conditioning
12 equipment. "Mercury thermostat" includes thermostats used to
13 sense and control room temperature in residential, commercial,
14 industrial, and other buildings, but does not include
15 thermostats used to sense and control temperature as a part of
16 a manufacturing or industrial process.
17     "Thermostat manufacturer" means the person who owned or
18 owns the brand name of a thermostat.
19     "Thermostat retailer" means a person who sells thermostats
20 of any kind primarily to consumers.
21     "Thermostat technician" means a person who installs or
22 repairs thermostats, but does not include a person who installs
23 or repairs a thermostat serving his or her own residence.

 

 

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1     "Thermostat wholesaler" means a person who sells
2 thermostats of any kind primarily for resale.
 
3     Section 15. Mercury thermostat collection programs.
4     (a) This Section applies to thermostat manufacturers.
5 Thermostat manufacturers must, individually or collectively,
6 establish and maintain an Agency-approved program for the
7 collection and recycling of mercury thermostats that have been
8 removed, replaced, or otherwise taken out of service. The
9 program must:
10         (1) include outreach and education efforts directed
11     towards the following persons to inform them of the program
12     and encourage their participation: thermostat wholesalers,
13     thermostat technicians, thermostat retailers, and
14     homeowners;
15         (2) provide the following persons with containers to be
16     used for the collection of mercury thermostats:
17             (A) each thermostat wholesaler who requests to
18         participate in the program as a mercury thermostat
19         collection point;
20             (B) each thermostat technician that requests to
21         participate in the program as a mercury thermostat
22         collection point; and
23             (C) each thermostat retailer that requests to
24         participate in the program as a mercury thermostat
25         collection point;

 

 

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1         (3) ensure that mercury thermostats delivered to
2     persons participating in the program as mercury thermostat
3     collection points are properly managed as universal waste
4     in accordance with the Illinois Pollution Control Board's
5     universal waste regulations;
6         (4) be designed to achieve the collection goals in
7     subsection (e) of this Section;
8         (5) include financial or other incentives designed to
9     encourage sufficient participation in the program to
10     achieve the collection goals in subsection (e) of this
11     Section; and
12         (6) not include any fees or other charges to persons
13     participating in the program, except that each thermostat
14     wholesaler, thermostat technician, or thermostat retailer
15     that is provided with one or more collection containers may
16     be charged a program administration fee not to exceed $75
17     per collection container.
18     (b) No later than January 1, 2009, thermostat manufacturers
19 must, individually or collectively, submit to the Agency a plan
20 for a mercury thermostat collection program. The plan must
21 demonstrate that the collection program meets the requirements
22 of subsection (a) of this Section. In reviewing the plans, the
23 Agency may consider a plan's consistency with other thermostat
24 manufacturer's collection plans in this State and mercury
25 thermostat collection programs in other states. In addition,
26 the Agency may consult with thermostat manufacturers,

 

 

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1 thermostat wholesalers, thermostat technicians, thermostat
2 retailers, and environmental interest groups. Within 90 days
3 after its receipt of a plan, the Agency must approve or deny
4 the plan in writing. The Agency must approve the plan, with or
5 without modifications, if the thermostat manufacturer's
6 collection program meets the requirements of subsection (a) of
7 this Section. If the Agency denies the plan or approves the
8 plan with conditions, the Agency's decision shall be subject to
9 appeal to the Board in accordance with the procedures of
10 Section 40 of the Environmental Protection Act (415 ILCS 5/40)
11 for appealing permit denials or conditions.
12     (c) No later than July 1, 2009, thermostat manufacturers
13 must, individually or collectively, implement an
14 Agency-approved mercury thermostat collection program,
15 including any modifications required by the Agency.
16     (d) No later than March 1, 2010, and no later than March 1
17 of each year thereafter, thermostat manufacturers must,
18 individually or collectively, submit to the Agency a report on
19 their mercury thermostat collection program that at a minimum
20 contains the following information:
21         (1) the number of mercury thermostats collected under
22     the program during the previous calendar year;
23         (2) the estimated total amount of mercury contained in
24     the mercury thermostats collected under the program during
25     the previous calendar year;
26         (3) an evaluation of the effectiveness of the program,

 

 

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1     including, but not limited to, the program's contribution
2     to meeting the collection goals set forth in subsection (e)
3     of this Section and the effectiveness of the incentives
4     required under subsection (a)(5) of this Section; and
5         (4) a list of all thermostat wholesalers, thermostat
6     technicians, and thermostat retailers participating in the
7     program as mercury thermostat collection points.
8     (e) The mercury thermostat collection programs required
9 under this Act must be designed to collectively achieve the
10 following collection goals:
11         (1) For calendar years 2011 and 2012, the collection
12     goal for each year is 15% of the estimated number of
13     mercury thermostats in this State that are removed,
14     replaced, or otherwise taken out of service during the
15     calendar year.
16         (2) For calendar years 2013 and 2014, the collection
17     goal for each year is 30% of the estimated mercury
18     thermostats in this State that are removed, replaced, or
19     otherwise taken out of service during the calendar year.
20         (3) For calendar years 2015 and 2016, the collection
21     goal for each year is 50% of the estimated mercury
22     thermostats in this State that are removed, replaced, or
23     otherwise taken out of service during the calendar year.
24         (4) For calendar year 2017 and each calendar year
25     thereafter, the collection goal for each year is 80% of the
26     estimated mercury thermostats in this State that are

 

 

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1     removed, replaced, or otherwise taken out of service during
2     the calendar year.
3     The estimated number of mercury thermostats in this State
4 that are removed, replaced, or otherwise taken out of service
5 each year must be determined by the Agency in consultation with
6 thermostat manufacturers, thermostat wholesalers, thermostat
7 technicians, thermostat retailers, and environmental interest
8 groups. No later than March 1, 2013, and no later than March 1
9 of each year thereafter, the Agency must publish on its website
10 the estimated number of mercury thermostats that were removed,
11 replaced, or otherwise taken out of service during the previous
12 calendar year.
13     (f) If the collection goals set forth in subsection (e) of
14 this Section are not met for the calendar year 2012, 2014,
15 2016, or 2018, the Agency may require one or more thermostat
16 manufacturers to revise their mercury thermostat collection
17 programs. Thermostat manufacturers required to revise their
18 collection programs must, individually or collectively, submit
19 plans for revised collection programs no later than 90 days
20 after the Agency's written notice that a revised collection
21 program is required. The Agency shall review and approve
22 revised plans in accordance with subsection (b) of this
23 Section. Thermostat manufacturers must, individually or
24 collectively, implement revised plans within 90 days after the
25 Agency approves the revised plans in writing, including any
26 modifications required by the Agency.
 

 

 

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1     Section 20. Removal of mercury thermostats. Any person who
2 removes, replaces, or otherwise takes out of service a mercury
3 thermostat must properly manage the mercury thermostat as
4 universal waste in accordance with the Board's universal waste
5 regulations. This Section does not apply to a person who (i)
6 removes, replaces, or otherwise takes out of service a mercury
7 thermostat that serves his or her own residence and (ii)
8 disposes of the thermostat as household waste.
 
9     Section 25. Certain prohibited activities. On and after
10 July 1, 2009:
11         (1) No thermostat manufacturer that is in violation of
12     this Act may sell, offer to sell, distribute, or offer to
13     distribute a non-mercury thermostat.
14         (2) No thermostat wholesaler may sell, offer to sell,
15     distribute, or offer to distribute a non-mercury
16     thermostat unless the wholesaler participates in one or
17     more collection programs required under this Act as a
18     mercury thermostat collection point.
19         (3) No thermostat technician may remove, replace, or
20     otherwise take out of service a mercury thermostat unless
21     the thermostat technician delivers it to a person
22     participating in a collection program required under this
23     Act as a mercury thermostat collection point.
 

 

 

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1     Section 27. Educational materials. The Agency shall
2 develop an educational template to be made available to
3 businesses and consumers to inform consumers about programs for
4 the collection of mercury thermostats. The materials in this
5 educational template may include, without limitation, labels,
6 inserts, brochures, or signs.
 
7     Section 30. Information regarding the collection and
8 recycling of mercury thermostats. No later than June 1, 2010,
9 and no later than June 1 of each year thereafter, the Agency
10 must post on its website information regarding the collection
11 and recycling of mercury thermostats in this State. The
12 information must include, but is not limited to, the following:
13         (1) a description of the collection programs
14     established under this Act; and
15         (2) a report on the thermostat manufacturers' success
16     in achieving the collection goals set forth in Section
17     15(e) of this Act.
 
18     Section 35. Duty to investigate. The Agency has the duty to
19 investigate violations of this Act.
 
20     Section 40. Penalties.
21     (a) Any thermostat manufacturer who violates any provision
22 of this Act or fails to perform any duty imposed by this Act
23 (i) is liable for a civil penalty not to exceed $1,000 for the

 

 

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1 violation and an additional civil penalty not to exceed $1,000
2 for each day the violation continues and (ii) is liable for a
3 civil penalty not to exceed $5,000 for a second or subsequent
4 violation and an additional civil penalty not to exceed $1,000
5 for each day the second or subsequent violation continues.
6     (b) Any thermostat wholesaler, thermostat technician, or
7 thermostat retailer who violates any provision of this Act or
8 fails to perform any duty imposed by this Act is liable for a
9 civil penalty not to exceed $250 for the first violation and
10 not to exceed $500 for a second or subsequent violation.
11     (c) The penalties provided for in this Section may be
12 recovered in a civil action brought by the Attorney General on
13 behalf of the Agency and the People of the State of Illinois,
14 or by the State's Attorney of the county in which the violation
15 occurred. Without limiting any other authority that may exist
16 for the awarding of attorney's fees and costs, a court of
17 competent jurisdiction may award costs and reasonable
18 attorney's fees, including the reasonable costs of expert
19 witnesses and consultants, to the Attorney General or the
20 State's Attorney in a case where he or she has prevailed
21 against a person who has committed a willful, knowing, or
22 repeated violation of this Act. Any funds collected under this
23 Section in an action in which the Attorney General has
24 prevailed must be deposited into the Hazardous Waste Fund
25 established under the Environmental Protection Act. Any funds
26 collected under this Section in an action in which a State's

 

 

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1 Attorney has prevailed shall be retained by the county in which
2 he or she serves.
3     (d) The Attorney General or the State's Attorney of the
4 county in which the violation occurred may, at the request of
5 the Agency or on his or her own motion, institute a civil
6 action for an injunction, prohibitory or mandatory, to restrain
7 violations of this Act or to require such other actions as may
8 be necessary to address violations of this Act.
9     (e) The penalties and injunctions provided in this Act are
10 in addition to any penalties, injunctions, or other relief
11 provided under any other law. Nothing in this Act bars a cause
12 of action by the State for any other penalty, injunction, or
13 relief provided by any other law.
14     (f) There is no penalty under this Section for a thermostat
15 manufacturer's failure to achieve the collection goals set
16 forth in subsection (e) of Section 15 of this Act.
 
17     Section 45. Recommendations to the Governor and the General
18 Assembly. On or before January 1, 2010, the Agency shall
19 investigate and make recommendations to the Governor and the
20 General Assembly regarding strategies for improving the
21 collection and proper management of mercury thermostats
22 removed, replaced, or otherwise taken out of service by
23 homeowners. In developing its recommendations, the Agency
24 shall consult with thermostat manufacturers, thermostat
25 retailers, local governments, recycling associations,

 

 

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1 environmental interest groups, and other appropriate
2 stakeholder groups. The Agency shall identify the best
3 available options for collecting mercury thermostats from
4 homeowners taking into account such considerations as cost and
5 convenience, safety and training, education and outreach
6 needs, and shared responsibilities for implementing the
7 collection and recycling program.
 
8     Section 50. No rulemaking authority. Notwithstanding any
9 other rulemaking authority that may exist, neither the Governor
10 nor any agency or agency head under the jurisdiction of the
11 Governor has any authority to make or promulgate rules to
12 implement or enforce the provisions of this Act. If, however,
13 the Governor believes that rules are necessary to implement or
14 enforce the provisions of this Act, the Governor may suggest
15 rules to the General Assembly by filing them with the Clerk of
16 the House and the Secretary of the Senate and by requesting
17 that the General Assembly authorize such rulemaking by law,
18 enact those suggested rules into law, or take any other
19 appropriate action in the General Assembly's discretion.
20 Nothing contained in this Act shall be interpreted to grant
21 rulemaking authority under any other Illinois statute where
22 such authority is not otherwise explicitly given. For the
23 purposes of this Section, "rules" is given the meaning
24 contained in Section 1-70 of the Illinois Administrative
25 Procedure Act, and "agency" and "agency head" are given the

 

 

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1 meanings contained in Sections 1-20 and 1-25 of the Illinois
2 Administrative Procedure Act to the extent that such
3 definitions apply to agencies or agency heads under the
4 jurisdiction of the Governor.
 
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.