Environmental Health Committee

Filed: 3/11/2008

 

 


 

 


 
09500HB5773ham003 LRB095 19930 RCE 48001 a

1
AMENDMENT TO HOUSE BILL 5773

2     AMENDMENT NO. ______. Amend House Bill 5773, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The State Finance Act is amended by adding
6 Section 5.708 as follows:
 
7     (30 ILCS 105/5.708 new)
8     Sec. 5.708. The White Goods Recycling Fund.
 
9     Section 10. The Environmental Protection Act is amended by
10 changing Section 22.28 as follows:
 
11     (415 ILCS 5/22.28)  (from Ch. 111 1/2, par. 1022.28)
12     Sec. 22.28. White goods.
13     (a) Beginning July 1, 2008 1994, no owner or operator of a
14 landfill shall knowingly accept any white goods or white goods

 

 

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1 components for final disposal.
2     (b) Beginning July 1, 2008, no person shall knowingly
3 process white goods by destruction or recycling unless the
4 white good components have been removed.
5     (c) Beginning one year after the effective date of this
6 amendatory Act of the 95th General Assembly, no person may
7 knowingly deliver a white good for destruction and recycling
8 unless it has had the white good components removed and has the
9 notification number of a registered white goods processor
10 affixed to it, except that white goods may be delivered for
11 destruction and recycling with white good components intact if
12 the person accepting the white goods for destruction and
13 recycling has registered with the Agency as a white goods
14 processor and has received a notification number pursuant to
15 subsection (e) of this Section.
16     (d) Beginning July 1, 2008, all white good components
17 removed by a white goods processor must be managed as special
18 waste and treated in accordance with this Act and rules
19 promulgated under this Act. No person may knowingly vent
20 fluorocarbon refrigerant gasses into the atmosphere during the
21 maintenance, servicing, repair, or disposal of refrigeration
22 or air conditioning equipment in violation of State or federal
23 statutes, rules, or regulations.
24     (e) Beginning July 1, 2008, any person who knowingly
25 removes white good components from discarded white goods shall
26 register with the Agency, before removing white good

 

 

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1 components, as a white goods processor and shall submit to the
2 Agency, on a form prescribed and provided by the Agency, the
3 following information:
4         (1) the name, address, and phone number of the
5     processing facility;
6         (2) the name, address, and phone number of the owner
7     and operator of the facility;
8         (3) a list of equipment and removal procedures to be
9     used to assure proper removal of the major appliance
10     components; and
11         (4) procedures for safe storage of major appliance
12     components after removal.
13     The Agency shall assign a unique notification number to
14 each white goods processing facility registered by an owner or
15 operator.
16     (f) The White Goods Recycling Fund is created as a special
17 fund in the State treasury. All amounts from penalties or
18 punitive damages for violations of this Section must be
19 deposited into the Fund. The Agency, subject to appropriation,
20 shall use those amounts to enforce the provisions of this
21 Section.
22     (g) Every 2 years, the Agency shall report to the Governor
23 and to the General Assembly on its activities relating to
24 enforcement of this Section.
25      person shall knowingly offer for collection or collect
26 white goods for the purpose of disposal by landfilling unless

 

 

09500HB5773ham003 - 4 - LRB095 19930 RCE 48001 a

1 the white good components have been removed.
2     (b) Beginning July 1, 1994, no owner or operator of a
3 landfill shall accept any white goods for final disposal,
4 except that white goods may be accepted if:
5         (1) the landfill participates in the Industrial
6     Materials Exchange Service by communicating the
7     availability of white goods;
8         (2) prior to final disposal, any white good components
9     have been removed from the white goods; and
10         (3) if white good components are removed from the white
11     goods at the landfill, a site operating plan satisfying
12     this Act has been approved under the site operating permit
13     and the conditions of such operating plan are met.
14     (h) (c) For the purposes of this Section:
15         (1) "White goods" shall include all discarded
16     refrigerators, ranges, water heaters, freezers, air
17     conditioners, stoves, clothes washers, clothes dryers,
18     dehumidifiers, ovens, dishwashers, water coolers, heat
19     pumps, chillers, furnaces, and boilers humidifiers and
20     other similar domestic and commercial large appliances.
21         (2) "White good components" shall include:
22             (i) any chlorofluorocarbon refrigerant gas;
23             (ii) any electrical switch containing mercury;
24             (iii) any device that contains or may contain PCBs
25         in a closed system, such as a dielectric fluid for a
26         capacitor, ballast or other component; and

 

 

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1             (iv) any fluorescent lamp that contains mercury.
2     (d) The Agency is authorized to provide financial
3 assistance to units of local government from the Solid Waste
4 Management Fund to plan for and implement programs to collect,
5 transport and manage white goods. Units of local government may
6 apply jointly for financial assistance under this Section.
7     Applications for such financial assistance shall be
8 submitted to the Agency and must provide a description of:
9             (A) the area to be served by the program;
10             (B) the white goods intended to be included in the
11         program;
12             (C) the methods intended to be used for collecting
13         and receiving materials;
14             (D) the property, buildings, equipment and
15         personnel included in the program;
16             (E) the public education systems to be used as part
17         of the program;
18             (F) the safety and security systems that will be
19         used;
20             (G) the intended processing methods for each white
21         goods type;
22             (H) the intended destination for final material
23         handling location; and
24             (I) any staging sites used to handle collected
25         materials, the activities to be performed at such sites
26         and the procedures for assuring removal of collected

 

 

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1         materials from such sites.
2     The application may be amended to reflect changes in
3 operating procedures, destinations for collected materials, or
4 other factors.
5     Financial assistance shall be awarded for a State fiscal
6 year, and may be renewed, upon application, if the Agency
7 approves the operation of the program.
8     (e) All materials collected or received under a program
9 operated with financial assistance under this Section shall be
10 recycled whenever possible. Treatment or disposal of collected
11 materials are not eligible for financial assistance unless the
12 applicant shows and the Agency approves which materials may be
13 treated or disposed of under various conditions.
14     Any revenue from the sale of materials collected under such
15 a program shall be retained by the unit of local government and
16 may be used only for the same purposes as the financial
17 assistance under this Section.
18     (i) (f) The Agency is authorized to adopt rules necessary
19 or appropriate to the administration of this Section.
20     (j) No rulemaking authority. Notwithstanding any other
21 rulemaking authority that may exist, neither the Governor nor
22 any agency or agency head under the jurisdiction of the
23 Governor has any authority to make or promulgate rules to
24 implement or enforce the provisions of this amendatory Act of
25 the 95th General Assembly. If, however, the Governor believes
26 that rules are necessary to implement or enforce the provisions

 

 

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1 of this amendatory Act of the 95th General Assembly, the
2 Governor may suggest rules to the General Assembly by filing
3 them with the Clerk of the House and Secretary of the Senate
4 and by requesting that the General Assembly authorize such
5 rulemaking by law, enact those suggested rules into law, or
6 take any other appropriate action in the General Assembly's
7 discretion. Nothing contained in this amendatory Act of the
8 95th General Assembly shall be interpreted to grant rulemaking
9 authority under any other Illinois statute where such authority
10 is not otherwise explicitly given. For the purposes of this
11 subsection, "rules" is given the meaning contained in Section
12 1-70 of the Illinois Administrative Procedure Act, and "agency"
13 and "agency head" are given the meanings contained in Sections
14 1-20 and 1-25 of the Illinois Administrative Procedure Act to
15 the extent that such definitions apply to agencies or agency
16 heads under the jurisdiction of the Governor.
17     (g) (Blank).
18 (Source: P.A. 91-798, eff. 7-9-00.)
 
19     Section 99. Effective date. This Act takes effect upon
20 becoming law.".