SB2106 EngrossedLRB097 07435 JDS 47544 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Electronic Products Recycling and Reuse Act
5is amended by changing Sections 5, 10, 15, 20, 30, 50, 55, 60,
665, 80, and 95 as follows:
 
7    (415 ILCS 150/5)
8    Sec. 5. Findings and purpose.
9    (a) The General Assembly finds all of the following:
10        (1) Electronic products are the fastest growing
11    portion of the solid waste stream. In 2007, 3,000,000 2005,
12    2,600,000 tons of electronic products became obsolete yet
13    only 14% 13% of those products were recycled.
14        (2) Many electronic products contain lead, mercury,
15    cadmium, hexavalent chromium, and other materials that
16    pose environmental and health risks that must be managed.
17        (3) Obsolete Many obsolete electronic products can be
18    recycled or refurbished for reuse and then returned to the
19    economic mainstream in the form of raw materials or
20    products.
21        (4) Electronic products contain metals, plastics, and
22    leaded glass that have resale value. The reuse of these
23    components conserves natural resources and energy, and the

 

 

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1    reuse also reduces air and water pollution and greenhouse
2    gas emissions.
3        (5) The A management of obsolete residential products
4    is necessary to prioritize place the reuse and recycling of
5    these obsolete residential electronic products as the
6    preferred management strategy over incineration and
7    landfill disposal.
8        (6) The 2010 Recycling Economic Information Study
9    Update for Illinois estimates that the total economic
10    impact of recycling and reusing obsolete electronic
11    products resulted in the creation of nearly 8,000 jobs and
12    $622 million in annual receipts. The Illinois Recycling
13    Economic Information Study of 2001 estimates that the total
14    economic impact of establishing statewide recycling and
15    reuse programs for residential electronic products may
16    result in the creation of nearly 4,000 new jobs and $740
17    million in annual receipts.
18        (7) The State-appointed Computer Equipment Disposal
19    and Recycling Commission issued a final report in May 2006
20    recommending legislative, regulatory, or other actions to
21    properly address the recycling and reuse of obsolete
22    residential electronic products.
23    (b) The purpose of this Act is to set forth procedures by
24which the recycling and processing for reuse of covered
25electronic devices will be accomplished in Illinois.
26(Source: P.A. 95-959, eff. 9-17-08.)
 

 

 

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1    (415 ILCS 150/10)
2    Sec. 10. Definitions. As used in this Act:
3    "Agency" means the Environmental Protection Agency.
4    "Cathode-ray tube" means a vacuum tube or picture tube used
5to convert an electronic signal into a visual image, such as a
6television or computer monitor.
7    "Collector" means a person who receives covered electronic
8devices or eligible electronic devices directly from a
9residence for recycling or processing for reuse. "Collector"
10includes, but is not limited to, manufacturers, recyclers, and
11refurbishers who receive CEDs or EEDs directly from the public.
12    "Computer", often referred to as a "personal computer" or
13"PC", means a desktop or notebook computer as further defined
14below and used only in a residence, but does not mean an
15automated typewriter, electronic printer, mobile telephone,
16portable hand-held calculator, portable digital assistant
17(PDA), MP3 player, or other similar device. "Computer" does not
18include computer peripherals, commonly known as cables, mouse,
19or keyboard. "Computer" is further defined as either:
20        (1) "Desktop computer", which means an electronic,
21    magnetic, optical, electrochemical, or other high-speed
22    data processing device performing logical, arithmetic, or
23    storage functions for general purpose needs that are met
24    through interaction with a number of software programs
25    contained therein, and that is not designed to exclusively

 

 

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1    perform a specific type of logical, arithmetic, or storage
2    function or other limited or specialized application.
3    Human interface with a desktop computer is achieved through
4    a stand-alone keyboard, stand-alone monitor, or other
5    display unit, and a stand-alone mouse or other pointing
6    device, and is designed for a single user. A desktop
7    computer has a main unit that is intended to be
8    persistently located in a single location, often on a desk
9    or on the floor. A desktop computer is not designed for
10    portability and generally utilizes an external monitor,
11    keyboard, and mouse with an external or internal power
12    supply for a power source. Desktop computer does not
13    include an automated typewriter or typesetter; or
14        (2) "Notebook computer", which means an electronic,
15    magnetic, optical, electrochemical, or other high-speed
16    data processing device performing logical, arithmetic, or
17    storage functions for general purpose needs that are met
18    through interaction with a number of software programs
19    contained therein, and that is not designed to exclusively
20    perform a specific type of logical, arithmetic, or storage
21    function or other limited or specialized application.
22    Human interface with a notebook computer is achieved
23    through a keyboard, video display greater than 4 inches in
24    size, and mouse or other pointing device, all of which are
25    contained within the construction of the unit that
26    comprises the notebook computer; supplemental stand-alone

 

 

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1    interface devices typically can also be attached to the
2    notebook computer. Notebook computers can use external,
3    internal, or batteries for a power source. Notebook
4    computer does not include a portable hand-held calculator,
5    or a portable digital assistant or similar specialized
6    device. A notebook computer has an incorporated video
7    display greater than 4 inches in size and can be carried as
8    one unit by an individual. A notebook computer is sometimes
9    referred to as a laptop computer.
10        (3) "Tablet computer", which means an electronic,
11    magnetic, optical, electrochemical, or other high-speed
12    data processing device performing logical, arithmetic, or
13    storage functions for general purpose needs that are met
14    through interaction with a number of software programs
15    contained therein, and that is not designed to exclusively
16    perform a specific type of logical, arithmetic, or storage
17    function or other limited or specialized application.
18    Human interface with a tablet computer is achieved through
19    a touch-screen and video display screen greater than 6
20    inches in size (all of which are contained within the unit
21    that comprises the tablet computer). Tablet computers may
22    use an external or internal power source. "Tablet computer"
23    does not include a portable hand-held calculator, a
24    portable digital assistant, or a similar specialized
25    device.
26    "Computer monitor" means an electronic device that is a

 

 

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1cathode-ray tube or flat panel display primarily intended to
2display information from a computer and is used only in a
3residence.
4    "Covered electronic device" or "CED" means any computer,
5computer monitor, television, or printer, electronic keyboard,
6facsimile machine, videocassette recorder, portable digital
7music player that has memory capability and is battery powered,
8digital video disc player, video game console, electronic
9mouse, scanner, digital converter box, cable or satellite
10receiver, digital video disc recorder, or small-scale server
11sold at retail, provided that the item is taken out of service
12from a residence in this State regardless of purchase location.
13"Covered electronic device" does not include any of the
14following:
15        (1) an electronic device that is a part of a motor
16    vehicle or any component part of a motor vehicle assembled
17    by or for a vehicle manufacturer or franchised dealer,
18    including replacement parts for use in a motor vehicle;
19        (2) an electronic device that is functionally or
20    physically part of a larger piece of equipment or that is
21    taken out of service from an industrial, commercial
22    (including retail), library checkout, traffic control,
23    kiosk, security (other than household security),
24    governmental, agricultural, or medical setting, including
25    but not limited to diagnostic, monitoring, or control
26    equipment; or

 

 

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1        (3) an electronic device that is contained within a
2    clothes washer, clothes dryer, refrigerator, refrigerator
3    and freezer, microwave oven, conventional oven or range,
4    dishwasher, room air conditioner, dehumidifier, water
5    pump, sump pump, or air purifier.
6To the extent allowed under federal and State laws and
7regulations, a CED that is being collected, recycled, or
8processed for reuse is not considered to be hazardous waste,
9household waste, solid waste, or special waste.
10    "Developmentally disabled", as defined by the Illinois
11Department of Human Services, Division of Developmental
12Disabilities Program Manual, means having mental retardation
13or a related condition. For the purposes of this Act:
14        (1) "Mental retardation" means significantly
15    subaverage general intellectual functioning as well as
16    deficits in adaptive behavior that manifested before age
17    18. A person's general intellectual functioning is
18    significantly subaverage if that person has an
19    intelligence quotient (IQ) of 70 or below on standardized
20    measures of intelligence. This upper limit, however, may be
21    extended upward depending on the reliability of the
22    intelligence test used.
23        (2) "Related condition" means a severe, chronic
24    disability that (i) is attributable to cerebral palsy,
25    epilepsy, or any other condition, other than mental
26    illness, (ii) is found to be closely related to mental

 

 

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1    retardation because the condition results in impairment of
2    general intellectual functioning or adaptive behavior
3    similar to that of a person with mental retardation, and
4    (iii) requires treatment or services similar to those
5    required for persons with mental retardation. means having
6    a severe disability, as defined by the Office of
7    Rehabilitation Services of the Illinois Department of
8    Human Services, that can be expected to result in death or
9    that has lasted, or is expected to last, at least 12 months
10    and that prevents working at a "substantial gainful
11    activity" level.
12    "Dismantling" means the demanufacturing and shredding of a
13CED.
14    "Eligible electronic device" or "EED" means any of the
15following electronic products sold at retail and taken out of
16service from a residence in this State regardless of purchase
17location: mobile telephone; computer cable, mouse, or
18keyboard; stand-alone facsimile machine; MP3 player; portable
19digital assistant (PDA); or video game console, video cassette
20recorder/player, digital video disk player, or similar video
21device; zip drive; or scanner. To the extent allowed under
22federal and state laws and regulations, an EED that is being
23collected, recycled, or processed for reuse is not considered
24to be hazardous waste, household waste, solid waste, or special
25waste.
26    "Low income children and families" mean those children and

 

 

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1families that are subject to the most recent version of the
2United States Department of Health and Human Services Federal
3Poverty Guidelines.
4    "Manufacturer" means a person, or a successor in interest
5to a person, under whose brand or label a CED is or was sold at
6retail. For CEDs sold at retail under a brand or label that is
7licensed from a person who is a mere brand owner and who does
8not sell or produce the CED, the person who produced the CED or
9his or her successor in interest is the manufacturer. For CEDs
10sold that were at retail under the brand or label of both the
11retail seller and the person that produced the CED, the person
12that produced the CED, or his or her successor in interest, is
13the manufacturer. A retail seller of CEDs may elect to be the
14manufacturer of one or more CEDs if the retail seller provides
15written notice to the Agency that it is accepting
16responsibility as the manufacturer of the CED under this Act
17and identifies the CEDs for which it is electing to be the
18manufacturer.
19    "Municipal joint action agency" means a municipal joint
20action agency created under Section 3.2 of the
21Intergovernmental Cooperation Act.
22    "Orphan CEDs" means those CEDs that are returned for
23recycling, or processing for reuse, whose manufacturer cannot
24be identified, or whose manufacturer is no longer conducting
25business and has no successor in interest.
26    "Person" means any individual, partnership,

 

 

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1co-partnership, firm, company, limited liability company,
2corporation, association, joint stock company, trust, estate,
3political subdivision, State agency, or any other legal entity,
4or a legal representative, agent, or assign of that entity.
5    "Printer" means desktop printers, multifunction printer
6copiers, and printer/fax combinations taken out of service from
7a residence that are designed to reside on a work surface, and
8include various print technologies, including without
9limitation laser and LED (electrographic), ink jet, dot matrix,
10thermal, and digital sublimation, and "multi-function" or
11"all-in-one" devices that perform different tasks, including
12without limitation copying, scanning, faxing, and printing.
13Printers do not include floor-standing printers, printers with
14optional floor stand, point of sale (POS) receipt printers,
15household printers such as a calculator with printing
16capabilities or label makers, or non-stand-alone printers that
17are embedded into products that are not CEDs.
18    "Processing for reuse" means any method, technique, or
19process by which CEDs or EEDs that would otherwise be disposed
20of or discarded are instead separated, processed, and returned
21to their original intended purposes or to other useful purposes
22as electronic devices. "Processing for reuse" includes the
23collection and transportation of CEDs or EEDs.
24    "Program Year" means a calendar year. The first program
25year is 2010.
26    "Recycler" means a person who engages in the recycling of

 

 

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1CEDs or EEDs, but does not include telecommunications carriers,
2telecommunications manufacturers, or commercial mobile service
3providers with an existing recycling program.
4    "Recycling" means any method, technique, or process by
5which CEDs or EEDs that would otherwise be disposed of or
6discarded are instead collected, separated, or processed and
7are returned to the economic mainstream in the form of raw
8materials or products. "Recycling" includes the collection,
9transportation, dismantling, and shredding of the CEDs or EEDs.
10    "Recycling coordinator" means the person designated by
11each county waste management plan to administer the county
12recycling program, as set forth in the Solid Waste Management
13Act.
14    "Refurbisher" means any person who processes CEDs or EEDs
15for reuse, but does not include telecommunications carriers,
16telecommunications manufacturers, or commercial mobile service
17providers with an existing recycling program.
18    "Residence" means a dwelling place or home in which one or
19more individuals live.
20    "Retailer" means a person who sells, rents, or leases,
21through sales outlets, catalogues, or the Internet, computers,
22computer monitors, printers, or televisions, electronic
23keyboards, facsimile machines, videocassette recorders,
24portable digital music players that have memory capability and
25are battery powered, digital video disc players, video game
26consoles, electronic mice, scanners, digital converter boxes,

 

 

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1cable or satellite receivers, digital video disc recorders, or
2small-scale servers at retail to individuals in this State. For
3purposes of this Act, sales to individuals at retail are
4considered to be sales for residential use. "Retailer"
5includes, but is not limited to, manufacturers who sell
6computers, computer monitors, printers, or televisions,
7electronic keyboards, facsimile machines, videocassette
8recorders, portable digital music players that have memory
9capability and are battery powered, digital video disc players,
10video game consoles, electronic mice, scanners, digital
11converter boxes, cable or satellite receivers, digital video
12disc recorders, or small-scale servers at retail directly to
13individuals in this State.
14    "Sale" means any retail transfer of title for consideration
15of title including, but not limited to, transactions conducted
16through sales outlets, catalogs, or the Internet or any other
17similar electronic means but does not mean financing or
18leasing.
19    "Small-scale server" means a computer that typically uses
20desktop components in a desktop form designed primarily to
21serve as a storage host for other computers. To be considered a
22small-scale server, a computer must: be designed in a pedestal,
23tower, or other form that is similar to that of a desktop
24computer so that all data processing, storage, and network
25interfacing is contained within one box or product; be designed
26to be operational 24 hours per day and 7 days per week; have

 

 

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1very little unscheduled downtime (on the order of hours per
2year); be capable of operating in a simultaneous multi-user
3environment serving several users through networked client
4units; and be designed for an industry accepted operating
5system for home or low-end server applications.
6    "Television" means an electronic device (i) containing a
7cathode-ray tube or flat panel screen the size of which is
8greater than 4 inches when measured diagonally, (ii) that is
9intended to receive video programming via broadcast, cable, or
10satellite transmission or to receive video from surveillance or
11other similar cameras, and (iii) that is used only in a
12residence.
13    "Underserved counties" means those counties so identified
14in Section 60.
15(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
16    (415 ILCS 150/15)
17    Sec. 15. Statewide recycling and reuse goals for all
18covered electronic devices.
19    (a) For program year 2010, the statewide recycling or reuse
20goal for all CEDs is the product of: (i) the latest population
21estimate for the State, as published on the U.S. Census
22Bureau's website on January 1, 2010; multiplied by (ii) 2.5
23pounds per capita.
24    (b) For program year 2011, the statewide recycling or reuse
25goal for all CEDs is the product of: (i) the 2010 base weight;

 

 

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1multiplied by (ii) the 2010 goal attainment percentage.
2    For the purposes of this subsection (b):
3    The "2010 base weight" means the greater of: (i) twice the
4total weight of all CEDs that were recycled or processed for
5reuse between January 1, 2010 and June 30, 2010 as reported to
6the Agency under subsection (i) or (j) of Section 30; or (ii)
7twice the total weight of all CEDs that were recycled or
8processed for reuse between January 1, 2010 and June 30, 2010
9as reported to the Agency under subsection (c) of Section 55.
10    The "2010 goal attainment percentage" means:
11        (1) 90% if the 2010 base weight is less than 90% of the
12    statewide recycling or reuse goal for program year 2010;
13        (2) 95% if the 2010 base weight is 90% or greater, but
14    does not exceed 95%, of the statewide recycling or reuse
15    goal for program year 2010;
16        (3) 100% if the 2010 base weight is 95% or greater, but
17    does not exceed 105%, of the statewide recycling or reuse
18    goal for program year 2010;
19        (4) 105% if the 2010 base weight is 105% or greater,
20    but does not exceed 110%, of the statewide recycling or
21    reuse goal for program year 2010; and
22        (5) 110% if the 2010 base weight is 110% or greater of
23    the statewide recycling or reuse goal for program year
24    2010.
25    (c) For program year years 2012, each manufacturer of CEDs
26shall recycle or reuse CEDs and EEDs whose total weight is

 

 

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1equal to 40% of all the CEDs the manufacturer sold in Illinois
2during the calendar year beginning January 1, 2010. Each CED
3manufacturer shall use its own sales data or national sales
4data proportioned to Illinois' share of the U.S. population,
5based on the U.S. Census population estimate for 2009, to
6determine the manufacturer's annual recycling or reuse goal.
7    (c-5) For program years 2013 and thereafter, each
8manufacturer of CEDs shall annually recycle or reuse CEDs and
9EEDs whose total weight is equal to 50% of all the CEDs the
10manufacturer sold in Illinois during the calendar year that
11began 2 years before the beginning of the applicable program
12year. Each CED manufacturer shall use its own sales data or
13national sales data proportioned to Illinois' share of the U.S.
14population, based on the most recent U.S. Census data, to
15determine the manufacturer's annual recycling goal. and
16thereafter, the statewide recycling or reuse goal for all CEDs
17is the product of: (i) the base weight; multiplied by (ii) the
18goal attainment percentage.
19    For the purposes of this subsection (c):
20    The "base weight" means the greater of: (i) the total
21weight of all CEDs recycled or processed for reuse during the
22previous program year as reported to the Agency under
23subsection (k) or (l) of Section 30; or (ii) the total weight
24of all CEDs recycled or processed for reuse during the previous
25program year as reported to the Agency under subsection (d) of
26Section 55.

 

 

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1    The "goal attainment percentage" means:
2        (1) 90% if the base weight is less than 90% of the
3    statewide recycling or reuse goal for the previous program
4    year;
5        (2) 95% if the base weight is 90% or greater, but does
6    not exceed 95%, of the statewide recycling or reuse goal
7    for the previous program year;
8        (3) 100% if the base weight is 95% or greater, but does
9    not exceed 105%, of the statewide recycling or reuse goal
10    for the previous program year;
11        (4) 105% if the base weight is 105% or greater, but
12    does not exceed 110%, of the statewide recycling or reuse
13    goal for the previous program year; and
14        (5) 110% if the base weight is 110% or greater of the
15    statewide recycling or reuse goal for the previous program
16    year.
17(Source: P.A. 95-959, eff. 9-17-08.)
 
18    (415 ILCS 150/20)
19    Sec. 20. Agency responsibilities.
20    (a) The Agency has the authority to monitor compliance with
21this Act, enforce violations of the Act by administrative
22citation, and to refer violations of this Act to the Attorney
23General.
24    (b) No later than October 1 of each program year, the
25Agency shall post on its website a list of underserved counties

 

 

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1in the State for the next program year. The list of underserved
2counties for program years 2010 and 2011 the first program year
3is set forth in subsection (a) of Section 60.
4    (c) From By July 1, 2009 until December 31, 2015, the
5Agency shall implement a county and municipal government
6education campaign to inform those entities about this Act and
7the implications on solid waste collection in their localities.
8    (c-5) No later than February 1, 2012 and every February 1
9thereafter, the Agency shall use a portion of the manufacturer,
10recycler, and refurbisher registration fees to provide a $2,000
11grant to the recycling coordinator in each county of the State
12in order to inform residents in each county about this Act and
13opportunities to recycle CEDs and EEDs. The recycling
14coordinator shall expend the $2,000 grant before December 31 of
15the program year in which the grant is received. The recycling
16coordinator shall maintain records that document the use of the
17grant funds.
18    (c-10) By June 15, 2012 and by December 15, 2012, and by
19every June 15 and December 15 thereafter through December 15,
202015, the Agency shall meet with the Illinois Retail Merchants
21Association to discuss compliance with Section 40.
22    (c-15) By December 15, 2012 and each December 15
23thereafter, the Agency shall post on its website: (i) the
24mailing address of each collection site at which collectors
25collected CEDs during the program year and (ii) the amount in
26pounds of each CED collected at the collection site during the

 

 

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1program year.
2    (d) By July 1, 2011 for the first program year, and by May
315 April 1 for all subsequent program years, the Agency shall
4report to the Governor and to the General Assembly annually on
5the previous program year's performance. The report must be
6posted on the Agency's website. The report must include, but
7not be limited to, the following:
8        (1) the total overall weight of CEDs, as well as the
9    sub-total weight of computers, the sub-total weight of
10    computer monitors, the sub-total weight of printers, the
11    sub-total weight of televisions, and the total weight of
12    EEDs that were recycled or processed for reuse in the State
13    during the program year, as reported by manufacturers and
14    collectors under Sections 30 and 55;
15        (2) a listing of all collection sites, as set forth
16    under subsection (a) (e) of Section 55, and the addresses
17    of those sites;
18        (3) a statement showing, for the preceding program
19    year, (i) the total weight of CEDs and EEDs collected,
20    recycled, and processed for reuse by the manufacturers
21    pursuant to Section 30, (ii) the total weight of CEDs
22    processed for reuse by the manufacturers, and (iii) the
23    total weight of CEDs collected by the collectors of the
24    manufacturers' progress toward achieving the statewide
25    recycling goal set forth in Section 15 (calculated from the
26    manufacturer reports pursuant to Section 30 and the

 

 

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1    collector reports pursuant to Section 55) and any
2    identified State actions that may help expand collection
3    opportunities to help manufacturers achieve the statewide
4    recycling goal;
5        (4) a listing of all entities or persons to any
6    manufacturers whom the Agency issued an administrative
7    citation or with respect to which the Agency made a
8    referral for enforcement referred to the Attorney
9    General's Office for enforcement as a result of a violation
10    of this Act;
11        (5) a discussion of the Agency's education and outreach
12    activities as set forth in subsection (c) of this Section;
13    and
14        (6) a discussion of the penalties, if any, incurred by
15    manufacturers for failure to achieve recycling goals, and a
16    recommendation to the General Assembly of any necessary or
17    appropriate changes to the manufacturers' statewide
18    recycling goals, manufacturer's recycling goals, or
19    penalty provisions included in this Act.
20    (e) The Agency shall post on its website: (1) a list of
21manufacturers that have paid the current year's registration
22fee as set forth in subsection (b) of Section 30; (2) a list of
23manufacturers that failed to pay the current year's
24registration fee as set forth in subsection (b) of Section 30;
25and (3) Section 30(b) and (2) a list of registered collectors,
26the addresses of their collection sites, their business

 

 

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1telephone numbers, and a link to their websites. to whom
2Illinois residents can bring CEDs and EEDs for recycling or
3processing for reuse, including links to the collectors'
4websites and the collectors' phone numbers.
5    (f) In program years 2012, 2013, and 2014, and at its
6discretion thereafter, the Agency shall convene and host an
7Electronic Products Recycling Conference. The Agency may host
8the conferences alone or with other public entities or with
9organizations associated with electronic products recycling.
10    (g) No later than October 1 of each program year, the
11Agency must post on its website the following information for
12the next program year: (i) the individual recycling and reuse
13goals for each manufacturer, as set forth in subsection (c) of
14Section 15, and (ii) the total statewide recycling goal,
15determined by adding each individual manufacturer's annual
16goal.
17        (1) The overall statewide recycling and reuse goal for
18    CEDs, as well as the sub-goals for televisions, and
19    computers, computer monitors, and printers as set forth in
20    Section 15.
21        (2) The market shares of television manufacturers and
22    the return shares of computer, computer monitor, and
23    printer manufacturers, as set forth in Section 18, and
24        (3) The individual recycling and reuse goals for each
25    manufacturer, as set forth in Section 19.
26    (h) By April 1, 2011, and by April 1 of all subsequent

 

 

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1years, the Agency shall award recognize those manufacturers
2that have met or exceeded their recycling or reuse goals for
3the previous program year with . Such recognition shall be the
4awarding to all such manufacturers of an Electronic Industry
5Recycling Award. The award shall acknowledge that the
6manufacturer has met or exceeded its recycling goals and shall
7be posted , which shall be recognized on the Agency website and
8in other media as appropriate.
9    (i) By March 1, 2011, and by March 1 of each subsequent
10year, the Agency shall post on its website a list of registered
11manufacturers that have not met their annual recycling and
12reuse goal for the previous program year.
13    (j) By July 1, 2015 2012, the Agency shall solicit written
14comments regarding all aspects of the program codified in this
15Act, for the purpose of determining if the program requires any
16modifications.
17        (1) Issues to be reviewed by the Agency are, but not
18    limited to, the following:
19            (A) Sufficiency of the annual statewide recycling
20        goals.
21            (B) Fairness of the formulas used to determine
22        individual manufacturer goals.
23            (C) Adequacy of, or the need for, continuation of
24        the credits outlined in Section 30(d)(1) through (3).
25            (D) Any temporary recissions of county landfill
26        bans granted by the Illinois Pollution Control Board

 

 

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1        pursuant to Section 95(e).
2            (E) Adequacy of, or the need for, the penalties
3        listed in Section 80 of this Act, which are scheduled
4        to take effect on January 1, 2013.
5            (F) Adequacy of the collection systems that have
6        been implemented as a result of this Act, with a
7        particular focus on promoting the most cost-effective
8        and convenient collection system possible for Illinois
9        residents.
10        (2) By July 1, 2015 2012, the Agency shall complete its
11    review of the written comments received, as well as its own
12    reports on the preceding program years 2010 and 2011. By
13    August 1, 2015 2012, the Agency shall hold a public hearing
14    to present its findings and solicit additional comments.
15    All additional comments shall be submitted to the Agency in
16    writing no later than October 1, 2015 2012.
17        (3) The Agency's final report, which shall be issued no
18    later than February 1, 2016 2013, shall be submitted to the
19    Governor and the General Assembly and shall include
20    specific recommendations for any necessary or appropriate
21    modifications to the program.
22    (k) Any violation of this Act shall be enforceable by
23administrative citation. Whenever the Agency personnel or
24county personnel to whom the Agency has delegated the authority
25to monitor compliance with this Act shall, on the basis of
26direct observation, determine that any person has violated any

 

 

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1provision of this Act, the Agency or county personnel may issue
2and serve, within 60 days after the observed violation, an
3administrative citation upon that person or the entity
4employing that person. Each citation shall be served upon the
5person named or the person's authorized agent for service of
6process and shall include the following:
7        (1) a statement specifying the provisions of this Act
8    that the person or the entity employing the person has
9    violated;
10        (2) a copy of the inspection report in which the Agency
11    or local government recorded the violation and the date and
12    time of the inspection;
13        (3) the penalty imposed under Section 80; and
14        (4) an affidavit by the personnel observing the
15    violation, attesting to their material actions and
16    observations.
17    (l) If the person named in the administrative citation
18fails to petition the Illinois Pollution Control Board for
19review within 35 days after the date of service, the Board
20shall adopt a final order, which shall include the
21administrative citation and findings of violation as alleged in
22the citation and shall impose the penalty specified in Section
2380.
24    (m) If a petition for review is filed with the Board to
25contest an administrative citation issued under this Section,
26the Agency or unit of local government shall appear as a

 

 

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1complainant at a hearing before the Board to be conducted
2pursuant to subsection (n) of this Section at a time not less
3than 21 days after notice of the hearing has been sent by the
4Board to the Agency or unit of local government and the person
5named in the citation. In those hearings, the burden of proof
6shall be on the Agency or unit of local government. If, based
7on the record, the Board finds that the alleged violation
8occurred, it shall adopt a final order, which shall include the
9administrative citation and findings of violation as alleged in
10the citation, and shall impose the penalty specified in Section
1180 of this Act. However, if the Board finds that the person
12appealing the citation has shown that the violation resulted
13from uncontrollable circumstances, the Board shall adopt a
14final order that makes no finding of violation and imposes no
15penalty.
16    (n) All hearings under this Act shall be held before a
17qualified hearing officer, who may be attended by one or more
18members of the Board, designated by the Chairman. All of these
19hearings shall be open to the public, and any person may submit
20written statements to the Board in connection with the subject
21of these hearings. In addition, the Board may permit any person
22to offer oral testimony. Any party to a hearing under this
23subsection may be represented by counsel, make oral or written
24argument, offer testimony, cross-examine witnesses, or take
25any combination of those actions. All testimony taken before
26the Board shall be recorded stenographically. The transcript so

 

 

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1recorded and any additional matter accepted for the record
2shall be open to public inspection, and copies of those
3materials shall be made available to any person upon payment of
4the actual cost of reproducing the original.
5    (o) Counties that have entered into a delegation agreement
6with the Agency pursuant to subsection (r) of Section 4 of the
7Illinois Environmental Protection Act for the purpose of
8conducting inspection, investigation, or enforcement-related
9functions may conduct inspections for noncompliance with this
10Act.
11(Source: P.A. 95-959, eff. 9-17-08; 96-328, eff. 8-11-09.)
 
12    (415 ILCS 150/30)
13    Sec. 30. Manufacturer responsibilities.
14    (a) Prior to April 1, 2009 for the first program year, and
15by October 1 for program year 2011 and each program year
16thereafter, manufacturers who sell whose computers, computer
17monitors, printers, or televisions, electronic keyboards,
18facsimile machines, videocassette recorders, portable digital
19music players that have memory capability and are battery
20powered, digital video disc players, video game consoles,
21electronic mice, scanners, digital converter boxes, cable or
22satellite receivers, digital video disc recorders, or
23small-scale servers sold at retail are sold in this State must
24register with the Agency. The registration must be submitted in
25the form and manner required by the Agency. The registration

 

 

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1must include, without limitation, all of the following:
2        (1) a list of all of the manufacturer's brands of
3    computers, computer monitors, printers, or televisions to
4    be offered for sale in the next program year;
5        (2) (blank) for manufacturers of both televisions and
6    computers, computer monitors, or printers, an
7    identification of whether, for residential use, (i)
8    televisions or (ii) computers, computer monitors, and
9    printers, represent the larger number of units sold for the
10    manufacturer; and
11        (3) a statement disclosing whether: (A) any computer,
12    computer monitor, printer, or television sold in this State
13    exceeds the maximum concentration values established for
14    lead, mercury, cadmium, hexavalent chromium,
15    polybrominated biphenyls (PBBs), and polybrominated
16    diphenyl ethers (PBDEEs) under the RoHS (restricting the
17    use of certain hazardous substances in electrical and
18    electronic equipment) Directive 2002/95/EC of the European
19    Parliament and Council and any amendments thereto and, if
20    so, an identification of that computer, computer monitor,
21    printer, or television; or (B) the manufacturer has
22    received an exemption from one or more of those maximum
23    concentration values under the RoHS Directive that has been
24    approved and published by the European Commission.
25    If, during the program year, a manufacturer's computer,
26computer monitor, printer, or television, electronic keyboard,

 

 

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1facsimile machine, videocassette recorder, portable digital
2music player that has memory capability and is battery powered,
3digital video disc player, video game console, electronic
4mouse, scanner, digital converter box, cable or satellite
5receiver, digital video disc recorder, or small-scale server
6sold at retail is sold or offered for sale in Illinois under a
7new brand that is not listed in the manufacturer's
8registration, then, within 30 days after the first sale or
9offer for sale under the new brand, the manufacturer must amend
10its registration to add the new brand.
11    (b) Prior to July 1, 2009 for the first program year, and
12by the November 1 preceding program years 2011 and later, all
13manufacturers whose CEDs whose computers, computer monitors,
14printers, or televisions are offered for sale sold in the State
15shall submit to the Agency, at an address prescribed by the
16Agency, the registration fee for the next program year. The
17registration fee for program year 2010 is $5,000. The
18registration fee for program year 2011 is $5,000, increased by
19the applicable inflation factor as described below. In program
20year 2012, if, in program year 2011, a manufacturer sold 250 or
21fewer CEDs in the State, then the registration fee for that
22manufacturer is $1,250. In each program year after 2012, if, in
23the preceding program year, a manufacturer sold 250 or fewer
24CEDs in the State, then the registration fee is the fee that
25applied in the previous year to manufacturers that sold that
26number of CEDs, increased by the applicable inflation factor as

 

 

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1described below. In program year 2012, if, in the preceding
2program year a manufacturer sold 251 or more CEDs in the State,
3then the registration fee for that manufacturer is $5,000. In
4each program year after 2012, if, in the preceding program
5year, a manufacturer sold 251 or more CEDs in the State, then
6the registration fee is the fee that applied in the previous
7year to manufacturers that sold that number of CEDs, increased
8by the applicable inflation factor as described below. For
9program year years 2011, program year 2013, and each program
10year thereafter later, the applicable registration fee is
11increased each year by an inflation factor determined by the
12annual Implicit Price Deflator for Gross National Product, as
13published by the U.S. Department of Commerce in its Survey of
14Current Business. The inflation factor must be calculated each
15year by dividing the latest published annual Implicit Price
16Deflator for Gross National Product by the annual Implicit
17Price Deflator for Gross National Product for the previous
18year. The inflation factor must be rounded to the nearest
191/100th, and the resulting registration fee must be rounded to
20the nearest whole dollar. No later than October 1 of each
21program year, the Agency shall post on its website the
22registration fee for the next program year.
23    (c) A manufacturer whose CEDs computers, computer
24monitors, printers, or televisions are first sold or offered
25for sale in this State on or after January 1 of a program year
26must register with the Agency within 30 days after the first

 

 

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1sale or offer for sale in accordance with subsection (a) of
2this Section and submit the registration fee required under
3subsection (b) of this Section prior to the CEDs manufacturer's
4computers, computer monitors, printers, or televisions being
5sold or offered for sale.
6    (d) Each manufacturer shall recycle or process for reuse
7CEDs and EEDs whose total weight equals or exceeds the
8manufacturer's individual recycling and reuse goal set forth in
9Section 15 Section 19 of this Act. Individual consumers shall
10may not be charged a an end-of-life fee when bringing their
11CEDs and EEDs to permanent or temporary collection locations,
12unless a financial incentive of equal or greater value, such as
13a coupon, is provided. Collectors may charge a fee for premium
14services such as curbside collection, home pick-up, or a
15similar method of collection.
16    When determining whether a manufacturer has met or exceeded
17its individual recycling and reuse goal set forth in Section 15
18Section 19 of this Act, all of the following adjustments must
19be made:
20        (1) The total weight of CEDs processed for reuse by the
21    manufacturer, its recyclers, or its refurbishers for reuse
22    is doubled.
23        (2) The total weight of CEDs is tripled if they are
24    donated for reuse by the manufacturer to a primary or
25    secondary public education institution the majority of
26    whose students are considered low income or

 

 

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1    developmentally disabled or to a not-for-profit entity
2    that is established under Section 501(c)(3) of the Internal
3    Revenue Code of 1986 and whose principal mission is to
4    assist low-income children or families or to assist the
5    developmentally disabled in Illinois. This subsection
6    applies only to CEDs for which the manufacturer has
7    received a written confirmation that the recipient has
8    accepted the donation. Copies of all written confirmations
9    must be submitted in the annual report required under
10    Section 30.
11        (3) The total weight of CEDs collected by manufacturers
12    free of charge in underserved counties is doubled. This
13    subsection applies only to CEDs that are documented by
14    collectors as being collected or received free of charge in
15    underserved counties. This documentation must include,
16    without limitation, the date and location of collection or
17    receipt, the weight of the CEDs collected or received, and
18    an acknowledgement by the collector that the CEDs were
19    collected or received free of charge. Copies of the
20    documentation must be submitted in the annual report
21    required under subsection (h), (i), (j), (k), or (l) of
22    Section 30.
23        (4) If an entity (i) collects, recycles, or refurbishes
24    CEDs for a manufacturer, (ii) qualifies for non-profit
25    status under Section 501(c)(3) of the Internal Revenue Code
26    of 1986, and (iii) at least 75% of its employees are

 

 

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1    developmentally disabled, then the total weight of CEDs
2    will be tripled. A manufacturer that uses such a recycler
3    or refurbisher shall submit documentation in the annual
4    report required under Section 30 identifying the name,
5    location, and length of service of the entity that
6    qualifies for credit under this subsection.
7    (e) Manufacturers of computers, computer monitors, or
8printers, either individually or collectively, shall hire an
9independent third-party auditor to perform statistically
10significant return share samples of CEDs received by recyclers
11and refurbishers for recycling or processing for reuse. Each
12third-party auditor shall perform a return share sample of CEDs
13for at least one 8-hour period, once a quarter during the
14program year at the facility of each registered recycler and
15refurbisher under contract with the manufacturer or group of
16manufacturers that has hired the auditor. The audit shall
17contain the following data:
18        (1) the number and weight of CEDs, sorted by brand name
19    and product type, including a category for orphan CEDs;
20        (2) the total weight of the sample by product type;
21        (3) the date, location, and time of the sampling;
22        (4) the name or names of the manufacturer for whom the
23    recycler is performing activities under this Act; and
24        (5) a certification by the third-party auditor that the
25    sampling is statistically significant and, if not, an
26    explanation as to what occurred to render the sampling

 

 

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1    insignificant.
2    The manufacturer shall notify the Agency 30 days prior to
3the third-party auditor's return share sampling by providing
4the Agency with the time and date on which the third-party
5auditor will perform the return share sample. The Agency may,
6at its discretion, be present at any sampling event and may
7audit the methodology and the results of the third-party
8auditor.
9    No less than 30 days after the close of each calendar
10quarter, the manufacturer shall submit to the Agency the
11results of the third-party samplings conducted during the
12quarter. The results shall be submitted in the form and manner
13required by the Agency.
14    (f) Manufacturers shall ensure that only recyclers and
15refurbishers that have registered with the Agency are used to
16meet the individual recycling and reuse goals set forth in this
17Act.
18    (g) Manufacturers shall ensure that the recyclers and
19refurbishers used to meet the individual recycling and reuse
20goals set forth in this Act shall, at a minimum, comply with
21the standards set forth under subsection (d) of Section 50 of
22this Act. By November 1, 2011 and every November 1 thereafter,
23manufacturers shall submit a document, as prescribed by the
24Agency, listing each registered recycler and refurbisher that
25will be used to meet the manufacturer's annual CED recycling
26and reuse goal and certifying that those recyclers or

 

 

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1refurbishers comply with the standards set forth in subsection
2(d) of Section 50.
3    (h) By September 1, 2012 and every September 1 thereafter
4August 15, 2009, CED television manufacturers shall submit to
5the Agency, in the form and manner required by the Agency, a
6report that contains the total weight of CEDs televisions sold
7under each of the manufacturer's brands to individuals at
8retail in this State as calculated under subsection (c) and
9(c-15) of Section 15. Each manufacturer shall indicate on the
10report whether the total weight of CEDs was derived from its
11own sales records or national sales data. If a manufacturer's
12CED weight is derived from national sales data, the
13manufacturer shall indicate the source of the sales data. , as
14set forth in the reports to manufacturers by retailers under
15subsection (c) of Section 40.
16    (i) (Blank). No later than September 1, 2010, television
17manufacturers must submit to the Agency, in the form and manner
18required by the Agency, a report for the period January 1, 2010
19through June 30, 2010 that contains both of the following:
20        (1) The total weight of televisions sold under each of
21    the manufacturer's brands to individuals at retail in this
22    State, from one of the following 2 sources, with the
23    manufacturer indicating in the report which of the 2 data
24    sources was used, and, if a national sales data report was
25    used, the name of the national sales data source:
26            (A) the manufacturer's own sales reports; or

 

 

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1            (B) national sales data reports obtained by the
2        manufacturer and pro-rated to Illinois by multiplying
3        the weight of the manufacturer's televisions sold
4        nationally by the quotient that results from dividing
5        the population of Illinois by the population of the
6        United States. The population of Illinois and the
7        United States shall be obtained using the most recent
8        U.S. census data.
9        (2) The total weight of computers, the total weight of
10    computer monitors, the total weight of printers, the total
11    weight of televisions, and the total weight of EEDs
12    recycled or processed for reuse.
13    (j) (Blank). By August 15, 2010, computer, computer
14monitor, and printer manufacturers shall submit to the Agency,
15on forms and in a format prescribed by the Agency, a report for
16the period January 1, 2010 through June 30, 2010 that contains
17the total weight of computers, the total weight of computer
18monitors, the total weight of printers, the total weight of
19televisions, and the total weight of EEDs, recycled or
20processed for reuse.
21    (k) (Blank). No later than April 1 of program years 2011
22and thereafter, television manufacturers shall submit to the
23Agency, in the form and manner required by the Agency, a report
24that contains all of the following information for the previous
25program year:
26        (1) The total weight of televisions sold under each of

 

 

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1    the manufacturer's brands to individuals at retail in this
2    State, from one of the following 2 sources, with the
3    manufacturer indicating in the report which of the two data
4    sources was used, and, if a national sales data report was
5    used, the name of the national sales data source:
6            (a) the manufacturer's own sales reports; or
7            (b) national sales data reports obtained by the
8        manufacturer and pro-rated to Illinois by multiplying
9        the weight of the manufacturer's televisions sold
10        nationally by the quotient that results from dividing
11        the population of Illinois by the population of the
12        United States. The population of Illinois and the
13        United States shall be obtained using the most recent
14        U.S. census data.
15        (2) The total weight of computers, the total weight of
16    computer monitors, the total weight of printers, the total
17    weight of televisions, and the total weight of EEDs
18    recycled or processed for reuse.
19        (3) The identification of all weights that are adjusted
20    under subsection (d) of this Section. For all weights
21    adjusted under item (2) of subsection (d), the manufacturer
22    must include copies of the written confirmation required
23    under that subsection.
24        (4) A list of each recycler, refurbisher, and collector
25    used by the manufacturer to fulfill the manufacturer's
26    individual recycling and reuse goal set forth in Section 19

 

 

SB2106 Engrossed- 36 -LRB097 07435 JDS 47544 b

1    of this Act.
2        (5) A summary of the manufacturer's consumer education
3    program required under subsection (m) of this Section.
4    (l) On or before January 31, 2013 and on or before every
5January 31 No later than April 1 of program years 2011 and
6thereafter, CED computer, computer monitor, and printer
7manufacturers shall submit to the Agency, on forms and in a
8format prescribed by the Agency, a report that contains all of
9the following information for the previous program year:
10        (1) The the total weight of computers, the total weight
11    of computer monitors, the total weight of printers, the
12    total weight of televisions, and the total weight of EEDs
13    recycled or processed for reuse. ;
14        (2) The the identification of all weights that are
15    adjusted under subsection (d) of this Section. For all
16    weights adjusted under item (2) of subsection (d), the
17    manufacturer must include copies of the written
18    confirmation required under that subsection. ;
19        (3) A a list of each recycler, refurbisher, and
20    collector used by the manufacturer to fulfill the
21    manufacturer's individual recycling and reuse goal set
22    forth in subsection (c) of Section 15 of this Act. ; and
23        (4) A a summary of the manufacturer's consumer
24    education program required under subsection (m) of this
25    Section.
26    (m) Manufacturers must develop and maintain a consumer

 

 

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1education program that complements and corresponds to the
2primary retailer-driven campaign required under Section 40 of
3this Act. The education program shall promote the recycling of
4electronic products and proper end-of-life management of the
5products by consumers.
6    (n) Beginning January 1 2010, no manufacturer may sell a
7computer, computer monitor, printer, or television in this
8State unless the manufacturer is registered with the State as
9required under this Act, has paid the required registration
10fee, and is otherwise in compliance with the provisions of this
11Act.
12    (o) Beginning January 1, 2010, no manufacturer may sell a
13computer, computer monitor, printer, or television in this
14State unless the manufacturer's brand name is permanently
15affixed to, and is readily visible on, the computer, computer
16monitor, printer, or television.
17(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
18    (415 ILCS 150/50)
19    Sec. 50. Recycler and refurbisher registration.
20    (a) Prior to January 1 of each program year, each recycler
21and refurbisher must register with the Agency and submit a
22registration fee pursuant to subsection (b) for that program
23year. Registration must be on forms and in a format prescribed
24by the Agency and shall include, but not be limited to, the
25address of each location where the recycler or refurbisher

 

 

SB2106 Engrossed- 38 -LRB097 07435 JDS 47544 b

1manages CEDs or EEDs and identification of each location at
2which the recycler or refurbisher accepts CEDs or EEDs from a
3residence.
4    (b) The registration fee for program year 2010 is $2,000.
5For program year 2011, if a recycler's or refurbisher's annual
6combined total weight of CEDs and EEDs is less than 1,000 tons
7per year, the registration fee shall be $500. For program year
82012 and for all subsequent program years, both registration
9fees shall be increased each year by an inflation factor
10determined by the annual Implicit Price Deflator for Gross
11National Product as published by the U.S. Department of
12Commerce in its Survey of Current Business. The inflation
13factor must be calculated each year by dividing the latest
14published annual Implicit Price Deflator for Gross National
15Product by the annual Implicit Price Deflator for Gross
16National Product for the previous year. The inflation factor
17must be rounded to the nearest 1/100th, and the resulting
18registration fee must be rounded to the nearest whole dollar.
19No later than October 1 of each program year, the Agency shall
20post on its website the registration fee for the next program
21year.
22    (c) No person may act as a recycler or a refurbisher of
23CEDs for a manufacturer obligated to meet goals under this Act
24unless the recycler or refurbisher is registered and has paid
25the registration fee as required under this Section. Registered
26recyclers and refurbishers must accept any delivered CED or

 

 

SB2106 Engrossed- 39 -LRB097 07435 JDS 47544 b

1EED. Neither a registered recycler nor a refurbisher may charge
2individual consumers a fee to recycle or refurbish CEDs and
3EEDs, unless the recycler or refurbisher provides (i) a
4financial incentive, such as a coupon, that is of greater or
5equal value to the applicable item or (ii) premium service,
6such as curbside collection, home pick-up, or a similar method
7of collection.
8    (d) Recyclers and refurbishers must, at a minimum, comply
9with all of the following:
10        (1) Recyclers and refurbishers must comply with
11    federal, State, and local laws and regulations, including
12    federal and State minimum wage laws, specifically relevant
13    to the handling, processing, refurbishing and recycling of
14    residential CEDs and must have proper authorization by all
15    appropriate governing authorities to perform the handling,
16    processing, refurbishment, and recycling.
17        (2) Recyclers and refurbishers must implement the
18    appropriate measures to safeguard occupational and
19    environmental health and safety, through the following:
20            (A) environmental health and safety training of
21        personnel, including training with regard to material
22        and equipment handling, worker exposure, controlling
23        releases, and safety and emergency procedures;
24            (B) an up-to-date, written plan for the
25        identification and management of hazardous materials;
26        and

 

 

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1            (C) an up-to-date, written plan for reporting and
2        responding to exceptional pollutant releases,
3        including emergencies such as accidents, spills,
4        fires, and explosions.
5        (3) Recyclers and refurbishers must maintain (i)
6    commercial general liability insurance or the equivalent
7    corporate guarantee for accidents and other emergencies
8    with limits of not less than $1,000,000 per occurrence and
9    $1,000,000 aggregate and (ii) pollution legal liability
10    insurance with limits not less than $1,000,000 per
11    occurrence for companies engaged solely in the dismantling
12    activities and $5,000,000 per occurrence for companies
13    engaged in recycling.
14        (4) Recyclers and refurbishers must maintain on file
15    documentation that demonstrates the completion of an
16    environmental health and safety audit completed and
17    certified by a competent internal and external auditor
18    annually. A competent auditor is an individual who, through
19    professional training or work experience, is appropriately
20    qualified to evaluate the environmental health and safety
21    conditions, practices, and procedures of the facility.
22    Documentation of auditors' qualifications must be
23    available for inspection by Agency officials and
24    third-party auditors.
25        (5) Recyclers and refurbishers must maintain on file
26    proof of workers' compensation and employers' liability

 

 

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1    insurance.
2        (6) Recyclers and refurbishers must provide adequate
3    assurance (such as bonds or corporate guarantee) to cover
4    environmental and other costs of the closure of the
5    recycler or refurbisher's facility, including cleanup of
6    stockpiled equipment and materials.
7        (7) Recyclers and refurbishers must apply due
8    diligence principles to the selection of facilities to
9    which components and materials (such as plastics, metals,
10    and circuit boards) from CEDs and EEDs are sent for reuse
11    and recycling.
12        (8) Recyclers and refurbishers must establish a
13    documented environmental management system that is
14    appropriate in level of detail and documentation to the
15    scale and function of the facility, including documented
16    regular self-audits or inspections of the recycler or
17    refurbisher's environmental compliance at the facility.
18        (9) Recyclers and refurbishers must use the
19    appropriate equipment for the proper processing of
20    incoming materials as well as controlling environmental
21    releases to the environment. The dismantling operations
22    and storage of CED and EED components that contain
23    hazardous substances must be conducted indoors and over
24    impervious floors. Storage areas must be adequate to hold
25    all processed and unprocessed inventory. When heat is used
26    to soften solder and when CED and EED components are

 

 

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1    shredded, operations must be designed to control indoor and
2    outdoor hazardous air emissions.
3        (10) Recyclers and refurbishers must establish a
4    system for identifying and properly managing components
5    (such as circuit boards, batteries, CRTs, and mercury
6    phosphor lamps) that are removed from CEDs and EEDs during
7    disassembly. Recyclers and refurbishers must properly
8    manage all hazardous and other components requiring
9    special handling from CEDs and EEDs consistent with
10    federal, State, and local laws and regulations. Recyclers
11    and refurbishers must provide visible tracking (such as
12    hazardous waste manifests or bills of lading) of hazardous
13    components and materials from the facility to the
14    destination facilities and documentation (such as
15    contracts) stating how the destination facility processes
16    the materials received. No recycler or refurbisher may
17    send, either directly or through intermediaries, hazardous
18    wastes to solid waste (non-hazardous waste) landfills or to
19    non-hazardous waste incinerators for disposal or energy
20    recovery. For the purpose of these guidelines, smelting of
21    hazardous wastes to recover metals for reuse in conformance
22    with all applicable laws and regulations is not considered
23    disposal or energy recovery.
24        (11) Recyclers and refurbishers must use a regularly
25    implemented and documented monitoring and record-keeping
26    program that tracks inbound CED and EED material weights

 

 

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1    (total) and subsequent outbound weights (total to each
2    destination), injury and illness rates, and compliance
3    with applicable permit parameters including monitoring of
4    effluents and emissions. Recyclers and refurbishers must
5    maintain contracts or other documents, such as sales
6    receipts, suitable to demonstrate: (i) the reasonable
7    expectation that there is a downstream market or uses for
8    designated electronics (which may include recycling or
9    reclamation processes such as smelting to recover metals
10    for reuse); and (ii) that any residuals from recycling or
11    reclamation processes, or both, are properly handled and
12    managed to maximize reuse and recycling of materials to the
13    extent practical.
14        (12) Recyclers and refurbishers must comply with
15    federal and international law and agreements regarding the
16    export of used products or materials. In the case of
17    exports of CEDs and EEDs, recyclers and refurbishers must
18    comply with applicable requirements of the U.S. and of the
19    import and transit countries and must maintain proper
20    business records documenting its compliance. No recycler
21    or refurbisher may establish or use intermediaries for the
22    purpose of circumventing these U.S. import and transit
23    country requirements.
24        (13) Recyclers and refurbishers that conduct
25    transactions involving the transboundary shipment of used
26    CEDs and EEDs shall use contracts (or the equivalent

 

 

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1    commercial arrangements) made in advance that detail the
2    quantity and nature of the materials to be shipped. For the
3    export of materials to a foreign country (directly or
4    indirectly through downstream market contractors): (i) the
5    shipment of intact televisions and computer monitors
6    destined for reuse must include only whole products that
7    are tested and certified as being in working order or
8    requiring only minor repair (e.g. not requiring the
9    replacement of circuit boards or CRTs), must be destined
10    for reuse with respect to the original purpose, and the
11    recipient must have verified a market for the sale or
12    donation of such product for reuse; (ii) the shipments of
13    CEDs and EEDs for material recovery must be prepared in a
14    manner for recycling, including, without limitation,
15    smelting where metals will be recovered, plastics recovery
16    and glass-to-glass recycling; or (iii) the shipment of CEDs
17    and EEDs are being exported to companies or facilities that
18    are owned or controlled by the original equipment
19    manufacturer.
20        (14) Recyclers and refurbishers must maintain the
21    following export records for each shipment on file for a
22    minimum of 3 years: (i) the facility name and the address
23    to which shipment is exported; (ii) the shipment contents
24    and volumes; (iii) the intended use of contents by the
25    destination facility; (iv) any specification required by
26    the destination facility in relation to shipment contents;

 

 

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1    (v) an assurance that all shipments for export, as
2    applicable to the CED manufacturer, are legal and satisfy
3    all applicable laws of the destination country.
4        (15) Recyclers and refurbishers must employ
5    industry-accepted procedures for the destruction or
6    sanitization of data on hard drives and other data storage
7    devices. Acceptable guidelines for the destruction or
8    sanitization of data are contained in the National
9    Institute of Standards and Technology's Guidelines for
10    Media Sanitation or those guidelines certified by the
11    National Association for Information Destruction;
12        (16) No recycler or refurbisher may employ prison labor
13    in any operation related to the collection,
14    transportation, recycling, and refurbishment of CEDs and
15    EEDs. No recycler or refurbisher may employ any third party
16    that uses or subcontracts for the use of prison labor.
17(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
18    (415 ILCS 150/55)
19    Sec. 55. Collector responsibilities.
20    (a) No later than January 1 of each program year,
21collectors that collect or receive CEDs or EEDs for one or more
22manufacturers, recyclers, or refurbishers shall register with
23the Agency. Registration must be in the form and manner
24required by the Agency and must include, without limitation,
25the address of each location where CEDs or EEDs are received

 

 

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1and the identification of each location at which the collector
2accepts CEDs or EEDs from a residence.
3    (b) Manufacturers, recyclers, refurbishers also acting as
4collectors shall so indicate on their registration under
5Section 30 or 50 and not register separately as collectors.
6    (c) No later than August 15, 2010, collectors must submit
7to the Agency, on forms and in a format prescribed by the
8Agency, a report for the period from January 1, 2010 through
9June 30, 2010 that contains the following information: the
10total weight of computers, the total weight of computer
11monitors, the total weight of printers, the total weight of
12televisions, and the total weight of EEDs collected or received
13for each manufacturer.
14    (d) By January 31 No later than May 1 of each program year,
15collectors must submit to the Agency, on forms and in a format
16prescribed by the Agency, a report that contains the following
17information for the previous program year:
18        (1) The the total weight of individual CEDs collected
19    computers, the total weight of computer monitors, the total
20    weight of printers, the total weight of televisions, and
21    the total weight of EEDs collected or received for each
22    manufacturer during the previous program year.
23        (2) A a list of each recycler and refurbisher that
24    received CEDs and EEDs from the collector and the total
25    weight each recycler and refurbisher received.
26        (3) The the address of each collector's facility where

 

 

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1    the CEDs and EEDs were collected or received. Each facility
2    address must include the county in which the facility is
3    located.
4    (e) Collectors may accept no more than 10 CEDs or EEDs at
5one time from individual members of the public and, when
6scheduling collection events, shall provide no fewer than 30
7days' notice to the county waste agency of those events.
8    (f) No collector of CEDs and EEDs may recycle, or refurbish
9for reuse or resale CEDs or EEDs, to a third-party unless the
10collector registers as a recycler or refurbisher pursuant to
11Section 50 and pays the registration fee pursuant to Section
1250.
13(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
14    (415 ILCS 150/60)
15    Sec. 60. Collection strategy for underserved counties.
16    (a) For program year 2010 and 2011, all counties in this
17State except the following are considered underserved:
18Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock,
19Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston,
20Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock
21Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren,
22Will, Williamson, and Winnebago.
23    (b) For program year 2012 and each program year thereafter
24underserved counties shall be those counties within the State
25of Illinois with a population density of 190 persons or less

 

 

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1per square mile based on the most recent U.S. Census population
2estimate. For program years 2011 and later, underserved
3counties shall be counties in this State that, during the
4program year 2 years prior, were not served by a minimum of one
5collection site that (i) accepted all types of CEDs and EEDs
6and (ii) was open for a minimum of 8 hours on at least one day
7per month of that program year. For the purposes of this
8subsection (b), 2009 shall be considered to have been a program
9year, and for the program year 2012 the determination of
10whether a county is underserved shall be based on the criteria
11of this subsection (b) instead of the county's inclusion in the
12list set forth in subsection (a) of this Section.
13(Source: P.A. 95-959, eff. 9-17-08.)
 
14    (415 ILCS 150/65)
15    Sec. 65. State government procurement.
16    (a) The Department of Central Management Services shall
17ensure that all bid specifications and contracts for the
18purchase or lease of desktop computers, laptop or notebook
19computers, and computer monitors, by State agencies under a
20statewide master contract require that the electronic products
21have a Bronze performance tier or higher registration under the
22Electronic Product Environmental Assessment Tool ("EPEAT")
23operated by the Green Electronics Council.
24    (b) The Department of Central Management Services shall
25ensure that bid specifications and contracts for the purchase

 

 

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1or lease of televisions, and printers, electronic keyboards,
2facsimile machines, videocassette recorders, portable digital
3music players that have memory capability and are battery
4powered, digital video disc players, video game consoles,
5electronic mice, scanners, digital converter boxes, cable or
6satellite receivers, digital video disc recorders, or
7small-scale servers by State agencies under a statewide master
8contract require that those items the televisions have a Bronze
9performance tier or higher registration under EPEAT if the
10Department determines that there are an adequate number of
11those items the televisions or printers registered under EPEAT
12to provide a sufficiently competitive bidding environment.
13    (c) This Section applies to bid specifications issued, and
14contracts entered into, on or after January 1, 2010.
15(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
16    (415 ILCS 150/80)
17    Sec. 80. Penalties.
18    (a) Except as otherwise provided in this Act, any person
19who violates any provision of this Act or fails to perform any
20duty under this Act is liable for a civil penalty not to exceed
21$15,000 $1,000 for the violation and an additional civil
22penalty not to exceed $5,000 $1,000 for each day the violation
23continues and is liable for a civil penalty not to exceed
24$5,000 for a second or subsequent violation and an additional
25civil penalty not to exceed $1,000 for each day the second or

 

 

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1subsequent violation continues.
2    (b) A manufacturer that is not registered with the Agency
3as required under this Act, or that has not paid the
4registration fee as required under this Act, is liable for a
5civil penalty not to exceed $10,000 for the violation and an
6additional civil penalty not to exceed $10,000 for each day the
7violation continues.
8    (c) A manufacturer in violation of subsection (d) of
9Section 30 of this Act in program year 2012 or thereafter is
10liable for a civil penalty equal to the following:
11        (1) In program year 2012, if the total weight of CEDs
12    and EEDs recycled or processed for reuse by the
13    manufacturer is less than 60% of the manufacturer's
14    individual recycling or reuse goal set forth in subsection
15    (c) of Section 15 Section 19 of this Act, the manufacturer
16    shall pay a penalty equal to the product of: (i) $0.70 per
17    pound; multiplied by (ii) the difference between the
18    manufacturer's individual recycling or reuse goal and the
19    total weight of CEDs and EEDs recycled or processed for
20    reuse by the manufacturer during the program year.
21        (2) In program year 2013, and each year thereafter, if
22    the total weight of CEDs and EEDs recycled or processed for
23    reuse by the manufacturer less than 75% of the
24    manufacturer's individual recycling or reuse goal set
25    forth in Section 19 of this Act, the manufacturer shall pay
26    a penalty equal to the product of: (i) $0.70 per pound;

 

 

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1    multiplied by (ii) the difference between the
2    manufacturer's individual recycling or reuse goal and the
3    total weight of CEDs and EEDs recycled or processed for
4    reuse by the manufacturer during the program year.
5    (d) Beginning January 1, 2010, a manufacturer in violation
6of subsection (e), (h), (i), (j), (k), or (l), or (m) of
7Section 30 is liable for a civil penalty not to exceed $5,000
8for the violation.
9    (e) Any person in violation of Section 50 of this Act is
10liable for a civil penalty not to exceed $5,000 for the
11violation.
12    (f) A knowing violation of subsections (a) and (c) of
13Section 95 of this Act is a petty offense punishable by a fine
14of $1500; however, a knowing violation of subsections (a) and
15(c) of Section 95 of this Act by a residential consumer is a
16petty offense punishable by a fine of $100.
17    (g) The penalties provided for in this Act may be recovered
18in a civil action brought by the Attorney General in the name
19of the People of the State of Illinois. Any moneys collected
20under this Section in which the Attorney General has prevailed
21may be deposited into the Electronic Recycling Fund,
22established under this Act.
23    (h) The Attorney General, at the request of the Agency or
24on his or her own motion, may institute a civil action for an
25injunction, prohibitory or mandatory, to restrain violations
26of this Act or to require such actions as may be necessary to

 

 

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1address violations of this Act.
2    (i) The penalties and injunctions provided in this Act are
3in addition to any penalties, injunctions, or other relief
4provided under any other law. Nothing in this Act bars a cause
5of action by the State for any other penalty, injunction, or
6relief provided by any other law.
7(Source: P.A. 95-959, eff. 9-17-08.)
 
8    (415 ILCS 150/95)
9    Sec. 95. Landfill ban.
10    (a) Except as may be provided pursuant to subsection (e) of
11this Section, and beginning January 1, 2012, no person may
12knowingly cause or allow the mixing of a CED, or any other
13computer, computer monitor, printer, or television, electronic
14keyboard, facsimile machine, videocassette recorder, portable
15digital music player, digital video disc player, or video game
16console with municipal waste that is intended for disposal at a
17landfill.
18    (b) Except as may be provided pursuant to subsection (e) of
19this Section, and beginning January 1, 2012, no person may
20knowingly cause or allow the disposal of a CED or any other
21computer, computer monitor, printer, or television, electronic
22keyboard, facsimile machine, videocassette recorder, portable
23digital music player, digital video disc player, or video game
24console in a sanitary landfill.
25    (c) Beginning January 1, 2012, no person may knowingly

 

 

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1cause or allow the mixing of a CED, or any other computer,
2computer monitor, printer, or television, electronic keyboard,
3facsimile machine, videocassette recorder, portable digital
4music player, digital video disc player, or video game console
5with waste that is intended for disposal by burning or
6incineration.
7    (d) Beginning January 1, 2012, no person may knowingly
8cause or allow the burning or incineration of a CED, or any
9other computer, computer monitor, printer, or television,
10electronic keyboard, facsimile machine, videocassette
11recorder, portable digital music player, digital video disc
12player, or video game console.
13    (e) Beginning April 1, 2012 but no later than December 31,
142013, the Illinois Pollution Control Board (Board) is
15authorized to review temporary CED landfill ban waiver
16petitions by county governments or municipal joint action
17agencies (action agencies) and determine whether the
18respective county's or action agency's jurisdiction may be
19granted a temporary CED landfill ban waiver due to a lack of
20funds and a lack of collection opportunities to collect CEDs
21and EEDs within the county's or action agency's jurisdiction.
22If the Board grants a waiver under this subsection (e),
23subsections (a) and (b) of this Section shall not apply to CEDs
24and EEDs that are taken out of service from residences within
25the jurisdiction of the county or action agency receiving the
26waiver and disposed of during the remainder of the program year

 

 

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1in which the petition is filed.
2        (1) The petition from the county or action agency shall
3    include the following:
4            (A) documentation of the county's or action
5        agency's attempts to gain funding, as well as the total
6        funding obtained, for the collection of CEDs and EEDs
7        in its jurisdiction from manufacturers or other units
8        of government in the State; and
9            (B) an assessment of other collection
10        opportunities in the county's or action agency's
11        jurisdiction demonstrating insufficient capacity for
12        the anticipated volume of CEDs and EEDs for the
13        remainder of the program year in which the petition is
14        being filed.
15        (2) In addition to the criteria listed in item (1), the
16    Board shall consider the following additional criteria
17    when reviewing a petition:
18            (A) total weight of CEDs and EEDs collected in the
19        county's or action agency's jurisdiction during all
20        preceding program years;
21            (B) total weight of CEDs and EEDs collected in the
22        county's or action agency's jurisdiction during the
23        year in which the petition is filed; and
24            (C) the projected difference in weight between
25        prior program years and the year in which the petition
26        is filed.

 

 

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1        (3) Within 60 days after the filing of the petition
2    with the Board, the Board shall determine, based on the
3    criteria in items (1) and (2), whether a temporary CED
4    landfill ban waiver shall be granted to the respective
5    county or action agency for the remainder of the program
6    year in which the petition is filed. The Board's decision
7    to grant such a waiver shall be based upon a showing by
8    clear and convincing evidence that a county or action
9    agency has a lack of funds and its respective jurisdiction
10    lacks sufficient collection opportunities to collect CEDs
11    and EEDs. If the Board denies the petition for a landfill
12    ban waiver, the Board's order shall be final and
13    immediately appealable to the circuit court having
14    jurisdiction over the petitioner.
15        (4) Within 5 days after granting a temporary CED
16    landfill ban waiver, the Board shall provide written notice
17    to the Agency of the Board's decision. The notice shall be
18    provided at least 15 days prior to the waiver taking
19    effect.
20        (5) Any county or action agency granted a temporary CED
21    landfill ban waiver shall, within 7 days after receiving
22    the waiver, inform all solid waste haulers and landfill
23    operators used by the county or action agency for solid
24    waste disposal that a waiver has been granted for the
25    remainder of the program year. The notification shall be
26    provided to the solid waste haulers and landfill operators

 

 

SB2106 Engrossed- 56 -LRB097 07435 JDS 47544 b

1    at least 15 days prior to the waiver taking effect.
2        (6) Between April 1, 2012 and December 31, 2013, if a
3    temporary CED landfill ban waiver has been granted to a
4    petitioner, no person disposing of a CED shall be subject
5    to any enforcement proceeding unless he or she disposes of
6    the CED with knowledge that the CED is from a county or
7    action agency that has not received a temporary CED
8    landfill ban waiver.
9(Source: P.A. 95-959, eff. 9-17-08.)
 
10    (415 ILCS 150/16 rep.)
11    (415 ILCS 150/17 rep.)
12    (415 ILCS 150/18 rep.)
13    (415 ILCS 150/19 rep.)
14    Section 10. The Electronic Products Recycling and Reuse Act
15is amended by repealing Sections 16, 17, 18, and 19.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.