Sen. Susan Garrett

Filed: 4/11/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2106

2    AMENDMENT NO. ______. Amend Senate Bill 2106, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Electronic Products Recycling and Reuse Act
6is amended by changing Sections 5, 10, 15, 20, 30, 50, 55, 60,
765, 80, and 95 as follows:
 
8    (415 ILCS 150/5)
9    Sec. 5. Findings and purpose.
10    (a) The General Assembly finds all of the following:
11        (1) Electronic products are the fastest growing
12    portion of the solid waste stream. In 2007, 3,000,000 2005,
13    2,600,000 tons of electronic products became obsolete yet
14    only 14% 13% of those products were recycled.
15        (2) Many electronic products contain lead, mercury,
16    cadmium, hexavalent chromium, and other materials that

 

 

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1    pose environmental and health risks that must be managed.
2        (3) Obsolete Many obsolete electronic products can be
3    recycled or refurbished for reuse and then returned to the
4    economic mainstream in the form of raw materials or
5    products.
6        (4) Electronic products contain metals, plastics, and
7    leaded glass that have resale value. The reuse of these
8    components conserves natural resources and energy, and the
9    reuse also reduces air and water pollution and greenhouse
10    gas emissions.
11        (5) The A management of obsolete residential products
12    is necessary to prioritize place the reuse and recycling of
13    these obsolete residential electronic products as the
14    preferred management strategy over incineration and
15    landfill disposal.
16        (6) The 2010 Recycling Economic Information Study
17    Update for Illinois estimates that the total economic
18    impact of recycling and reusing obsolete electronic
19    products resulted in the creation of nearly 8,000 jobs and
20    $622 million in annual receipts. The Illinois Recycling
21    Economic Information Study of 2001 estimates that the total
22    economic impact of establishing statewide recycling and
23    reuse programs for residential electronic products may
24    result in the creation of nearly 4,000 new jobs and $740
25    million in annual receipts.
26        (7) The State-appointed Computer Equipment Disposal

 

 

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1    and Recycling Commission issued a final report in May 2006
2    recommending legislative, regulatory, or other actions to
3    properly address the recycling and reuse of obsolete
4    residential electronic products.
5    (b) The purpose of this Act is to set forth procedures by
6which the recycling and processing for reuse of covered
7electronic devices will be accomplished in Illinois.
8(Source: P.A. 95-959, eff. 9-17-08.)
 
9    (415 ILCS 150/10)
10    Sec. 10. Definitions. As used in this Act:
11    "Agency" means the Environmental Protection Agency.
12    "Cathode-ray tube" means a vacuum tube or picture tube used
13to convert an electronic signal into a visual image, such as a
14television or computer monitor.
15    "Collector" means a person who receives covered electronic
16devices or eligible electronic devices directly from a
17residence for recycling or processing for reuse. "Collector"
18includes, but is not limited to, manufacturers, recyclers, and
19refurbishers who receive CEDs or EEDs directly from the public.
20    "Computer", often referred to as a "personal computer" or
21"PC", means a desktop or notebook computer as further defined
22below and used only in a residence, but does not mean an
23automated typewriter, electronic printer, mobile telephone,
24portable hand-held calculator, portable digital assistant
25(PDA), MP3 player, or other similar device. "Computer" does not

 

 

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

 

 

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

 

 

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1    a touch-screen and video display screen greater than 6
2    inches in size (all of which are contained within the unit
3    that comprises the tablet computer). Tablet computers may
4    use an external or internal power source. "Tablet computer"
5    does not include a portable hand-held calculator, a
6    portable digital assistant, or a similar specialized
7    device.
8    "Computer monitor" means an electronic device that is a
9cathode-ray tube or flat panel display primarily intended to
10display information from a computer and is used only in a
11residence.
12    "Covered electronic device" or "CED" means any computer,
13computer monitor, television, or printer, electronic keyboard,
14facsimile machine, videocassette recorder, portable digital
15music player that has memory capability and is battery powered,
16digital video disc player, video game console, electronic
17mouse, scanner, digital converter box, cable or satellite
18receiver, digital video disc recorder, or small-scale server
19sold at retail, provided that the item is taken out of service
20from a residence in this State regardless of purchase location.
21"Covered electronic device" does not include any of the
22following:
23        (1) an electronic device that is a part of a motor
24    vehicle or any component part of a motor vehicle assembled
25    by or for a vehicle manufacturer or franchised dealer,
26    including replacement parts for use in a motor vehicle;

 

 

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1        (2) an electronic device that is functionally or
2    physically part of a larger piece of equipment or that is
3    taken out of service from an industrial, commercial
4    (including retail), library checkout, traffic control,
5    kiosk, security (other than household security),
6    governmental, agricultural, or medical setting, including
7    but not limited to diagnostic, monitoring, or control
8    equipment; or
9        (3) an electronic device that is contained within a
10    clothes washer, clothes dryer, refrigerator, refrigerator
11    and freezer, microwave oven, conventional oven or range,
12    dishwasher, room air conditioner, dehumidifier, water
13    pump, sump pump, or air purifier.
14To the extent allowed under federal and State laws and
15regulations, a CED that is being collected, recycled, or
16processed for reuse is not considered to be hazardous waste,
17household waste, solid waste, or special waste.
18    "Developmentally disabled", as defined by the Illinois
19Department of Human Services, Division of Developmental
20Disabilities Program Manual, means having mental retardation
21or a related condition. For the purposes of this Act:
22        (1) "Mental retardation" means significantly
23    subaverage general intellectual functioning as well as
24    deficits in adaptive behavior that manifested before age
25    18. A person's general intellectual functioning is
26    significantly subaverage if that person has an

 

 

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1    intelligence quotient (IQ) of 70 or below on standardized
2    measures of intelligence. This upper limit, however, may be
3    extended upward depending on the reliability of the
4    intelligence test used.
5        (2) "Related condition" means a severe, chronic
6    disability that (i) is attributable to cerebral palsy,
7    epilepsy, or any other condition, other than mental
8    illness, (ii) is found to be closely related to mental
9    retardation because the condition results in impairment of
10    general intellectual functioning or adaptive behavior
11    similar to that of a person with mental retardation, and
12    (iii) requires treatment or services similar to those
13    required for persons with mental retardation. means having
14    a severe disability, as defined by the Office of
15    Rehabilitation Services of the Illinois Department of
16    Human Services, that can be expected to result in death or
17    that has lasted, or is expected to last, at least 12 months
18    and that prevents working at a "substantial gainful
19    activity" level.
20    "Dismantling" means the demanufacturing and shredding of a
21CED.
22    "Eligible electronic device" or "EED" means any of the
23following electronic products sold at retail and taken out of
24service from a residence in this State regardless of purchase
25location: mobile telephone; computer cable, mouse, or
26keyboard; stand-alone facsimile machine; MP3 player; portable

 

 

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1digital assistant (PDA); or video game console, video cassette
2recorder/player, digital video disk player, or similar video
3device; zip drive; or scanner. To the extent allowed under
4federal and state laws and regulations, an EED that is being
5collected, recycled, or processed for reuse is not considered
6to be hazardous waste, household waste, solid waste, or special
7waste.
8    "Low income children and families" mean those children and
9families that are subject to the most recent version of the
10United States Department of Health and Human Services Federal
11Poverty Guidelines.
12    "Manufacturer" means a person, or a successor in interest
13to a person, under whose brand or label a CED is or was sold at
14retail. For CEDs sold at retail under a brand or label that is
15licensed from a person who is a mere brand owner and who does
16not sell or produce the CED, the person who produced the CED or
17his or her successor in interest is the manufacturer. For CEDs
18sold that were at retail under the brand or label of both the
19retail seller and the person that produced the CED, the person
20that produced the CED, or his or her successor in interest, is
21the manufacturer. A retail seller of CEDs may elect to be the
22manufacturer of one or more CEDs if the retail seller provides
23written notice to the Agency that it is accepting
24responsibility as the manufacturer of the CED under this Act
25and identifies the CEDs for which it is electing to be the
26manufacturer.

 

 

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1    "Municipal joint action agency" means a municipal joint
2action agency created under Section 3.2 of the
3Intergovernmental Cooperation Act.
4    "Orphan CEDs" means those CEDs that are returned for
5recycling, or processing for reuse, whose manufacturer cannot
6be identified, or whose manufacturer is no longer conducting
7business and has no successor in interest.
8    "Person" means any individual, partnership,
9co-partnership, firm, company, limited liability company,
10corporation, association, joint stock company, trust, estate,
11political subdivision, State agency, or any other legal entity,
12or a legal representative, agent, or assign of that entity.
13    "Printer" means desktop printers, multifunction printer
14copiers, and printer/fax combinations taken out of service from
15a residence that are designed to reside on a work surface, and
16include various print technologies, including without
17limitation laser and LED (electrographic), ink jet, dot matrix,
18thermal, and digital sublimation, and "multi-function" or
19"all-in-one" devices that perform different tasks, including
20without limitation copying, scanning, faxing, and printing.
21Printers do not include floor-standing printers, printers with
22optional floor stand, point of sale (POS) receipt printers,
23household printers such as a calculator with printing
24capabilities or label makers, or non-stand-alone printers that
25are embedded into products that are not CEDs.
26    "Processing for reuse" means any method, technique, or

 

 

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1process by which CEDs or EEDs that would otherwise be disposed
2of or discarded are instead separated, processed, and returned
3to their original intended purposes or to other useful purposes
4as electronic devices. "Processing for reuse" includes the
5collection and transportation of CEDs or EEDs.
6    "Program Year" means a calendar year. The first program
7year is 2010.
8    "Recycler" means a person who engages in the recycling of
9CEDs or EEDs, but does not include telecommunications carriers,
10telecommunications manufacturers, or commercial mobile service
11providers with an existing recycling program.
12    "Recycling" means any method, technique, or process by
13which CEDs or EEDs that would otherwise be disposed of or
14discarded are instead collected, separated, or processed and
15are returned to the economic mainstream in the form of raw
16materials or products. "Recycling" includes the collection,
17transportation, dismantling, and shredding of the CEDs or EEDs.
18    "Recycling coordinator" means the person designated by
19each county waste management plan to administer the county
20recycling program, as set forth in the Solid Waste Management
21Act.
22    "Refurbisher" means any person who processes CEDs or EEDs
23for reuse, but does not include telecommunications carriers,
24telecommunications manufacturers, or commercial mobile service
25providers with an existing recycling program.
26    "Residence" means a dwelling place or home in which one or

 

 

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1more individuals live.
2    "Retailer" means a person who sells, rents, or leases,
3through sales outlets, catalogues, or the Internet, computers,
4computer monitors, printers, or televisions, electronic
5keyboards, facsimile machines, videocassette recorders,
6portable digital music players that have memory capability and
7are battery powered, digital video disc players, video game
8consoles, electronic mice, scanners, digital converter boxes,
9cable or satellite receivers, digital video disc recorders, or
10small-scale servers at retail to individuals in this State. For
11purposes of this Act, sales to individuals at retail are
12considered to be sales for residential use. "Retailer"
13includes, but is not limited to, manufacturers who sell
14computers, computer monitors, printers, or televisions,
15electronic keyboards, facsimile machines, videocassette
16recorders, portable digital music players that have memory
17capability and are battery powered, digital video disc players,
18video game consoles, electronic mice, scanners, digital
19converter boxes, cable or satellite receivers, digital video
20disc recorders, or small-scale servers at retail directly to
21individuals in this State.
22    "Sale" means any retail transfer of title for consideration
23of title including, but not limited to, transactions conducted
24through sales outlets, catalogs, or the Internet or any other
25similar electronic means but does not mean financing or
26leasing.

 

 

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1    "Small-scale server" means a computer that typically uses
2desktop components in a desktop form designed primarily to
3serve as a storage host for other computers. To be considered a
4small-scale server, a computer must: be designed in a pedestal,
5tower, or other form that is similar to that of a desktop
6computer so that all data processing, storage, and network
7interfacing is contained within one box or product; be designed
8to be operational 24 hours per day and 7 days per week; have
9very little unscheduled downtime (on the order of hours per
10year); be capable of operating in a simultaneous multi-user
11environment serving several users through networked client
12units; and be designed for an industry accepted operating
13system for home or low-end server applications.
14    "Television" means an electronic device (i) containing a
15cathode-ray tube or flat panel screen the size of which is
16greater than 4 inches when measured diagonally, (ii) that is
17intended to receive video programming via broadcast, cable, or
18satellite transmission or to receive video from surveillance or
19other similar cameras, and (iii) that is used only in a
20residence.
21    "Underserved counties" means those counties so identified
22in Section 60.
23(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
24    (415 ILCS 150/15)
25    Sec. 15. Statewide recycling and reuse goals for all

 

 

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1covered electronic devices.
2    (a) For program year 2010, the statewide recycling or reuse
3goal for all CEDs is the product of: (i) the latest population
4estimate for the State, as published on the U.S. Census
5Bureau's website on January 1, 2010; multiplied by (ii) 2.5
6pounds per capita.
7    (b) For program year 2011, the statewide recycling or reuse
8goal for all CEDs is the product of: (i) the 2010 base weight;
9multiplied by (ii) the 2010 goal attainment percentage.
10    For the purposes of this subsection (b):
11    The "2010 base weight" means the greater of: (i) twice the
12total weight of all CEDs that were recycled or processed for
13reuse between January 1, 2010 and June 30, 2010 as reported to
14the Agency under subsection (i) or (j) of Section 30; or (ii)
15twice the total weight of all CEDs that were recycled or
16processed for reuse between January 1, 2010 and June 30, 2010
17as reported to the Agency under subsection (c) of Section 55.
18    The "2010 goal attainment percentage" means:
19        (1) 90% if the 2010 base weight is less than 90% of the
20    statewide recycling or reuse goal for program year 2010;
21        (2) 95% if the 2010 base weight is 90% or greater, but
22    does not exceed 95%, of the statewide recycling or reuse
23    goal for program year 2010;
24        (3) 100% if the 2010 base weight is 95% or greater, but
25    does not exceed 105%, of the statewide recycling or reuse
26    goal for program year 2010;

 

 

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1        (4) 105% if the 2010 base weight is 105% or greater,
2    but does not exceed 110%, of the statewide recycling or
3    reuse goal for program year 2010; and
4        (5) 110% if the 2010 base weight is 110% or greater of
5    the statewide recycling or reuse goal for program year
6    2010.
7    (c) For program year years 2012, each manufacturer of CEDs
8shall recycle or reuse CEDs and EEDs whose total weight is
9equal to 40% of all the CEDs the manufacturer sold in Illinois
10during the calendar year beginning January 1, 2010. Each CED
11manufacturer shall use its own sales data or national sales
12data proportioned to Illinois' share of the U.S. population,
13based on the U.S. Census population estimate for 2009, to
14determine the manufacturer's annual recycling or reuse goal.
15    (c-5) For program years 2013 and thereafter, each
16manufacturer of CEDs shall annually recycle or reuse CEDs and
17EEDs whose total weight is equal to 50% of all the CEDs the
18manufacturer sold in Illinois during the calendar year that
19began 2 years before the beginning of the applicable program
20year. Each CED manufacturer shall use its own sales data or
21national sales data proportioned to Illinois' share of the U.S.
22population, based on the most recent U.S. Census data, to
23determine the manufacturer's annual recycling goal. and
24thereafter, the statewide recycling or reuse goal for all CEDs
25is the product of: (i) the base weight; multiplied by (ii) the
26goal attainment percentage.

 

 

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1    For the purposes of this subsection (c):
2    The "base weight" means the greater of: (i) the total
3weight of all CEDs recycled or processed for reuse during the
4previous program year as reported to the Agency under
5subsection (k) or (l) of Section 30; or (ii) the total weight
6of all CEDs recycled or processed for reuse during the previous
7program year as reported to the Agency under subsection (d) of
8Section 55.
9    The "goal attainment percentage" means:
10        (1) 90% if the base weight is less than 90% of the
11    statewide recycling or reuse goal for the previous program
12    year;
13        (2) 95% if the base weight is 90% or greater, but does
14    not exceed 95%, of the statewide recycling or reuse goal
15    for the previous program year;
16        (3) 100% if the base weight is 95% or greater, but does
17    not exceed 105%, of the statewide recycling or reuse goal
18    for the previous program year;
19        (4) 105% if the base weight is 105% or greater, but
20    does not exceed 110%, of the statewide recycling or reuse
21    goal for the previous program year; and
22        (5) 110% if the base weight is 110% or greater of the
23    statewide recycling or reuse goal for the previous program
24    year.
25(Source: P.A. 95-959, eff. 9-17-08.)
 

 

 

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1    (415 ILCS 150/20)
2    Sec. 20. Agency responsibilities.
3    (a) The Agency has the authority to monitor compliance with
4this Act, enforce violations of the Act by administrative
5citation, and to refer violations of this Act to the Attorney
6General.
7    (b) No later than October 1 of each program year, the
8Agency shall post on its website a list of underserved counties
9in the State for the next program year. The list of underserved
10counties for program years 2010 and 2011 the first program year
11is set forth in subsection (a) of Section 60.
12    (c) From By July 1, 2009 until December 31, 2015, the
13Agency shall implement a county and municipal government
14education campaign to inform those entities about this Act and
15the implications on solid waste collection in their localities.
16    (c-5) No later than February 1, 2012 and every February 1
17thereafter, the Agency shall use a portion of the manufacturer,
18recycler, and refurbisher registration fees to provide a $2,000
19grant to the recycling coordinator in each county of the State
20in order to inform residents in each county about this Act and
21opportunities to recycle CEDs and EEDs. The recycling
22coordinator shall expend the $2,000 grant before December 31 of
23the program year in which the grant is received. The recycling
24coordinator shall maintain records that document the use of the
25grant funds.
26    (c-10) By June 15, 2012 and by December 15, 2012, and by

 

 

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1every June 15 and December 15 thereafter through December 15,
22015, the Agency shall meet with the Illinois Retail Merchants'
3Association to discuss compliance with Section 40.
4    (c-15) By December 15, 2012 and each December 15
5thereafter, the Agency shall post on its website: (i) the
6mailing address of each collection site at which collectors
7collected CEDs during the program year and (ii) the amount in
8pounds of each CED collected at the collection site during the
9program year.
10    (d) By July 1, 2011 for the first program year, and by May
1115 April 1 for all subsequent program years, the Agency shall
12report to the Governor and to the General Assembly annually on
13the previous program year's performance. The report must be
14posted on the Agency's website. The report must include, but
15not be limited to, the following:
16        (1) the total overall weight of CEDs, as well as the
17    sub-total weight of computers, the sub-total weight of
18    computer monitors, the sub-total weight of printers, the
19    sub-total weight of televisions, and the total weight of
20    EEDs that were recycled or processed for reuse in the State
21    during the program year, as reported by manufacturers and
22    collectors under Sections 30 and 55;
23        (2) a listing of all collection sites, as set forth
24    under subsection (a) (e) of Section 55, and the addresses
25    of those sites;
26        (3) a statement showing, for the preceding program

 

 

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1    year,(i) the total weight of CEDs and EEDs collected,
2    recycled, and processed for reuse by the manufacturers
3    pursuant to Section 30, (ii) the total weight of CEDs
4    processed for reuse by the manufacturers, and (iii) the
5    total weight of CEDs collected by the collectors of the
6    manufacturers' progress toward achieving the statewide
7    recycling goal set forth in Section 15 (calculated from the
8    manufacturer reports pursuant to Section 30 and the
9    collector reports pursuant to Section 55) and any
10    identified State actions that may help expand collection
11    opportunities to help manufacturers achieve the statewide
12    recycling goal;
13        (4) a listing of all entities or persons to any
14    manufacturers whom the Agency issued an administrative
15    citation or with respect to which the Agency made a
16    referral for enforcement referred to the Attorney
17    General's Office for enforcement as a result of a violation
18    of this Act;
19        (5) a discussion of the Agency's education and outreach
20    activities as set forth in subsection (c) of this Section;
21    and
22        (6) a discussion of the penalties, if any, incurred by
23    manufacturers for failure to achieve recycling goals, and a
24    recommendation to the General Assembly of any necessary or
25    appropriate changes to the manufacturers' statewide
26    recycling goals, manufacturer's recycling goals, or

 

 

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1    penalty provisions included in this Act.
2    (e) The Agency shall post on its website: (1) a list of
3manufacturers that have paid the current year's registration
4fee as set forth in subsection (b) of Section 30; (2) a list of
5manufacturers that failed to pay the current year's
6registration fee as set forth in subsection (b) of Section 30;
7and (3) Section 30(b) and (2) a list of registered collectors,
8the addresses of their collection sites, their business
9telephone numbers, and a link to their websites. to whom
10Illinois residents can bring CEDs and EEDs for recycling or
11processing for reuse, including links to the collectors'
12websites and the collectors' phone numbers.
13    (f) In program years 2012, 2013, and 2014, and at its
14discretion thereafter, the Agency shall convene and host an
15Electronic Products Recycling Conference. The Agency may host
16the conferences alone or with other public entities or with
17organizations associated with electronic products recycling.
18    (g) No later than October 1 of each program year, the
19Agency must post on its website the following information for
20the next program year: (i) the individual recycling and reuse
21goals for each manufacturer, as set forth in subsection (c) of
22Section 15, and (ii) the total statewide recycling goal,
23determined by adding each individual manufacturer's annual
24goal.
25        (1) The overall statewide recycling and reuse goal for
26    CEDs, as well as the sub-goals for televisions, and

 

 

09700SB2106sam003- 21 -LRB097 07435 JDS 54244 a

1    computers, computer monitors, and printers as set forth in
2    Section 15.
3        (2) The market shares of television manufacturers and
4    the return shares of computer, computer monitor, and
5    printer manufacturers, as set forth in Section 18, and
6        (3) The individual recycling and reuse goals for each
7    manufacturer, as set forth in Section 19.
8    (h) By April 1, 2011, and by April 1 of all subsequent
9years, the Agency shall award recognize those manufacturers
10that have met or exceeded their recycling or reuse goals for
11the previous program year with . Such recognition shall be the
12awarding to all such manufacturers of an Electronic Industry
13Recycling Award. The award shall acknowledge that the
14manufacturer has met or exceeded its recycling goals and shall
15be posted , which shall be recognized on the Agency website and
16in other media as appropriate.
17    (i) By March 1, 2011, and by March 1 of each subsequent
18year, the Agency shall post on its website a list of registered
19manufacturers that have not met their annual recycling and
20reuse goal for the previous program year.
21    (j) By July 1, 2015 2012, the Agency shall solicit written
22comments regarding all aspects of the program codified in this
23Act, for the purpose of determining if the program requires any
24modifications.
25        (1) Issues to be reviewed by the Agency are, but not
26    limited to, the following:

 

 

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1            (A) Sufficiency of the annual statewide recycling
2        goals.
3            (B) Fairness of the formulas used to determine
4        individual manufacturer goals.
5            (C) Adequacy of, or the need for, continuation of
6        the credits outlined in Section 30(d)(1) through (3).
7            (D) Any temporary recissions of county landfill
8        bans granted by the Illinois Pollution Control Board
9        pursuant to Section 95(e).
10            (E) Adequacy of, or the need for, the penalties
11        listed in Section 80 of this Act, which are scheduled
12        to take effect on January 1, 2013.
13            (F) Adequacy of the collection systems that have
14        been implemented as a result of this Act, with a
15        particular focus on promoting the most cost-effective
16        and convenient collection system possible for Illinois
17        residents.
18        (2) By July 1, 2015 2012, the Agency shall complete its
19    review of the written comments received, as well as its own
20    reports on the preceding program years 2010 and 2011. By
21    August 1, 2015 2012, the Agency shall hold a public hearing
22    to present its findings and solicit additional comments.
23    All additional comments shall be submitted to the Agency in
24    writing no later than October 1, 2015 2012.
25        (3) The Agency's final report, which shall be issued no
26    later than February 1, 2016 2013, shall be submitted to the

 

 

09700SB2106sam003- 23 -LRB097 07435 JDS 54244 a

1    Governor and the General Assembly and shall include
2    specific recommendations for any necessary or appropriate
3    modifications to the program.
4    (k) Any violation of this Act shall be enforceable by
5administrative citation. Whenever the Agency personnel or
6county personnel to whom the Agency has delegated the authority
7to monitor compliance with this Act shall, on the basis of
8direct observation, determine that any person has violated any
9provision of this Act, the Agency or county personnel may issue
10and serve, within 60 days after the observed violation, an
11administrative citation upon that person or the entity
12employing that person. Each citation shall be served upon the
13person named or the person's authorized agent for service of
14process and shall include the following:
15        (1) a statement specifying the provisions of this Act
16    that the person or the entity employing the person has
17    violated;
18        (2) a copy of the inspection report in which the Agency
19    or local government recorded the violation and the date and
20    time of the inspection;
21        (3) the penalty imposed under Section 80; and
22        (4) an affidavit by the personnel observing the
23    violation, attesting to their material actions and
24    observations.
25    (l) If the person named in the administrative citation
26fails to petition the Illinois Pollution Control Board for

 

 

09700SB2106sam003- 24 -LRB097 07435 JDS 54244 a

1review within 35 days after the date of service, the Board
2shall adopt a final order, which shall include the
3administrative citation and findings of violation as alleged in
4the citation and shall impose the penalty specified in Section
580.
6    (m) If a petition for review is filed with the Board to
7contest an administrative citation issued under this Section,
8the Agency or unit of local government shall appear as a
9complainant at a hearing before the Board to be conducted
10pursuant to subsection (n) of this Section at a time not less
11than 21 days after notice of the hearing has been sent by the
12Board to the Agency or unit of local government and the person
13named in the citation. In those hearings, the burden of proof
14shall be on the Agency or unit of local government. If, based
15on the record, the Board finds that the alleged violation
16occurred, it shall adopt a final order, which shall include the
17administrative citation and findings of violation as alleged in
18the citation, and shall impose the penalty specified in Section
1980 of this Act. However, if the Board finds that the person
20appealing the citation has shown that the violation resulted
21from uncontrollable circumstances, the Board shall adopt a
22final order that makes no finding of violation and imposes no
23penalty.
24    (n) All hearings under this Act shall be held before a
25qualified hearing officer, who may be attended by one or more
26members of the Board, designated by the Chairman. All of these

 

 

09700SB2106sam003- 25 -LRB097 07435 JDS 54244 a

1hearings shall be open to the public, and any person may submit
2written statements to the Board in connection with the subject
3of these hearings. In addition, the Board may permit any person
4to offer oral testimony. Any party to a hearing under this
5subsection may be represented by counsel, make oral or written
6argument, offer testimony, cross-examine witnesses, or take
7any combination of those actions. All testimony taken before
8the Board shall be recorded stenographically. The transcript so
9recorded and any additional matter accepted for the record
10shall be open to public inspection, and copies of those
11materials shall be made available to any person upon payment of
12the actual cost of reproducing the original.
13    (o) Counties that have entered into a delegation agreement
14with the Agency pursuant to subsection (r) of Section 4 of the
15Illinois Environmental Protection Act for the purpose of
16conducting inspection, investigation, or enforcement-related
17functions may conduct inspections for noncompliance with this
18Act.
19(Source: P.A. 95-959, eff. 9-17-08; 96-328, eff. 8-11-09.)
 
20    (415 ILCS 150/30)
21    Sec. 30. Manufacturer responsibilities.
22    (a) Prior to April 1, 2009 for the first program year, and
23by October 1 for program year 2011 and each program year
24thereafter, manufacturers who sell whose computers, computer
25monitors, printers, or televisions, electronic keyboards,

 

 

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1facsimile machines, videocassette recorders, portable digital
2music players that have memory capability and are battery
3powered, digital video disc players, video game consoles,
4electronic mice, scanners, digital converter boxes, cable or
5satellite receivers, digital video disc recorders, or
6small-scale servers sold at retail are sold in this State must
7register with the Agency. The registration must be submitted in
8the form and manner required by the Agency. The registration
9must include, without limitation, all of the following:
10        (1) a list of all of the manufacturer's brands of
11    computers, computer monitors, printers, or televisions to
12    be offered for sale in the next program year;
13        (2) (blank) for manufacturers of both televisions and
14    computers, computer monitors, or printers, an
15    identification of whether, for residential use, (i)
16    televisions or (ii) computers, computer monitors, and
17    printers, represent the larger number of units sold for the
18    manufacturer; and
19        (3) a statement disclosing whether: (A) any computer,
20    computer monitor, printer, or television sold in this State
21    exceeds the maximum concentration values established for
22    lead, mercury, cadmium, hexavalent chromium,
23    polybrominated biphenyls (PBBs), and polybrominated
24    diphenyl ethers (PBDEEs) under the RoHS (restricting the
25    use of certain hazardous substances in electrical and
26    electronic equipment) Directive 2002/95/EC of the European

 

 

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1    Parliament and Council and any amendments thereto and, if
2    so, an identification of that computer, computer monitor,
3    printer, or television; or (B) the manufacturer has
4    received an exemption from one or more of those maximum
5    concentration values under the RoHS Directive that has been
6    approved and published by the European Commission.
7    If, during the program year, a manufacturer's computer,
8computer monitor, printer, or television, electronic keyboard,
9facsimile machine, videocassette recorder, portable digital
10music player that has memory capability and is battery powered,
11digital video disc player, video game console, electronic
12mouse, scanner, digital converter box, cable or satellite
13receiver, digital video disc recorder, or small-scale server
14sold at retail is sold or offered for sale in Illinois under a
15new brand that is not listed in the manufacturer's
16registration, then, within 30 days after the first sale or
17offer for sale under the new brand, the manufacturer must amend
18its registration to add the new brand.
19    (b) Prior to July 1, 2009 for the first program year, and
20by the November 1 preceding program years 2011 and later, all
21manufacturers whose CEDs whose computers, computer monitors,
22printers, or televisions are offered for sale sold in the State
23shall submit to the Agency, at an address prescribed by the
24Agency, the registration fee for the next program year. The
25registration fee for program year 2010 is $5,000. The
26registration fee for program year 2011 is $5,000, increased by

 

 

09700SB2106sam003- 28 -LRB097 07435 JDS 54244 a

1the applicable inflation factor as described below. In program
2year 2012, if, in program year 2011, a manufacturer sold 250 or
3fewer CEDs in the State, then the registration fee for that
4manufacturer is $1,250. In each program year after 2012, if, in
5the proceeding program year, a manufacturer sold 250 or fewer
6CEDs in the State, then the registration fee is the fee that
7applied in the previous year to manufacturers that sold that
8number of CEDs, increased by the applicable inflation factor as
9described below. In program year 2012, if, in the proceeding
10program year a manufacturer sold 251 or more CEDs in the State,
11then the registration fee for that manufacturer is $5,000. In
12each program year after 2012, if, in the proceeding program
13year, a manufacturer sold 251 or more CEDs in the State, then
14the registration fee is the fee that applied in the previous
15year to manufacturers that sold that number of CEDs, increased
16by the applicable inflation factor as described below. For
17program year years 2011, program year 2013, and each program
18year thereafter later, the applicable registration fee is
19increased each year by an inflation factor determined by the
20annual Implicit Price Deflator for Gross National Product, as
21published by the U.S. Department of Commerce in its Survey of
22Current Business. The inflation factor must be calculated each
23year by dividing the latest published annual Implicit Price
24Deflator for Gross National Product by the annual Implicit
25Price Deflator for Gross National Product for the previous
26year. The inflation factor must be rounded to the nearest

 

 

09700SB2106sam003- 29 -LRB097 07435 JDS 54244 a

11/100th, and the resulting registration fee must be rounded to
2the nearest whole dollar. No later than October 1 of each
3program year, the Agency shall post on its website the
4registration fee for the next program year.
5    (c) A manufacturer whose CEDs computers, computer
6monitors, printers, or televisions are first sold or offered
7for sale in this State on or after January 1 of a program year
8must register with the Agency within 30 days after the first
9sale or offer for sale in accordance with subsection (a) of
10this Section and submit the registration fee required under
11subsection (b) of this Section prior to the CEDs manufacturer's
12computers, computer monitors, printers, or televisions being
13sold or offered for sale.
14    (d) Each manufacturer shall recycle or process for reuse
15CEDs and EEDs whose total weight equals or exceeds the
16manufacturer's individual recycling and reuse goal set forth in
17Section 15 Section 19 of this Act. Individual consumers shall
18may not be charged a an end-of-life fee when bringing their
19CEDs and EEDs to permanent or temporary collection locations,
20unless a financial incentive of equal or greater value, such as
21a coupon, is provided. Collectors may charge a fee for premium
22services such as curbside collection, home pick-up, or a
23similar method of collection.
24    When determining whether a manufacturer has met or exceeded
25its individual recycling and reuse goal set forth in Section 15
26Section 19 of this Act, all of the following adjustments must

 

 

09700SB2106sam003- 30 -LRB097 07435 JDS 54244 a

1be made:
2        (1) The total weight of CEDs processed for reuse by the
3    manufacturer, its recyclers, or its refurbishers for reuse
4    is doubled.
5        (2) The total weight of CEDs is tripled if they are
6    donated for reuse by the manufacturer to a primary or
7    secondary public education institution the majority of
8    whose students are considered low income or
9    developmentally disabled or to a not-for-profit entity
10    that is established under Section 501(c)(3) of the Internal
11    Revenue Code of 1986 and whose principal mission is to
12    assist low-income children or families or to assist the
13    developmentally disabled in Illinois. This subsection
14    applies only to CEDs for which the manufacturer has
15    received a written confirmation that the recipient has
16    accepted the donation. Copies of all written confirmations
17    must be submitted in the annual report required under
18    Section 30.
19        (3) The total weight of CEDs collected by manufacturers
20    free of charge in underserved counties is doubled. This
21    subsection applies only to CEDs that are documented by
22    collectors as being collected or received free of charge in
23    underserved counties. This documentation must include,
24    without limitation, the date and location of collection or
25    receipt, the weight of the CEDs collected or received, and
26    an acknowledgement by the collector that the CEDs were

 

 

09700SB2106sam003- 31 -LRB097 07435 JDS 54244 a

1    collected or received free of charge. Copies of the
2    documentation must be submitted in the annual report
3    required under subsection (h), (i), (j), (k), or (l) of
4    Section 30.
5        (4) If an entity (i) collects, recycles, or refurbishes
6    CEDs for a manufacturer, (ii) qualifies for non-profit
7    status under Section 501(c)(3) of the Internal Revenue Code
8    of 1986, and (iii) at least 75% of its employees are
9    developmentally disabled, then the total weight of CEDs
10    will be tripled. A manufacturer that uses such a recycler
11    or refurbisher shall submit documentation in the annual
12    report required under Section 30 identifying the name,
13    location, and length of service of the entity that
14    qualifies for credit under this subsection.
15    (e) Manufacturers of computers, computer monitors, or
16printers, either individually or collectively, shall hire an
17independent third-party auditor to perform statistically
18significant return share samples of CEDs received by recyclers
19and refurbishers for recycling or processing for reuse. Each
20third-party auditor shall perform a return share sample of CEDs
21for at least one 8-hour period, once a quarter during the
22program year at the facility of each registered recycler and
23refurbisher under contract with the manufacturer or group of
24manufacturers that has hired the auditor. The audit shall
25contain the following data:
26        (1) the number and weight of CEDs, sorted by brand name

 

 

09700SB2106sam003- 32 -LRB097 07435 JDS 54244 a

1    and product type, including a category for orphan CEDs;
2        (2) the total weight of the sample by product type;
3        (3) the date, location, and time of the sampling;
4        (4) the name or names of the manufacturer for whom the
5    recycler is performing activities under this Act; and
6        (5) a certification by the third-party auditor that the
7    sampling is statistically significant and, if not, an
8    explanation as to what occurred to render the sampling
9    insignificant.
10    The manufacturer shall notify the Agency 30 days prior to
11the third-party auditor's return share sampling by providing
12the Agency with the time and date on which the third-party
13auditor will perform the return share sample. The Agency may,
14at its discretion, be present at any sampling event and may
15audit the methodology and the results of the third-party
16auditor.
17    No less than 30 days after the close of each calendar
18quarter, the manufacturer shall submit to the Agency the
19results of the third-party samplings conducted during the
20quarter. The results shall be submitted in the form and manner
21required by the Agency.
22    (f) Manufacturers shall ensure that only recyclers and
23refurbishers that have registered with the Agency are used to
24meet the individual recycling and reuse goals set forth in this
25Act.
26    (g) Manufacturers shall ensure that the recyclers and

 

 

09700SB2106sam003- 33 -LRB097 07435 JDS 54244 a

1refurbishers used to meet the individual recycling and reuse
2goals set forth in this Act shall, at a minimum, comply with
3the standards set forth under subsection (d) of Section 50 of
4this Act. By November 1, 2011 and every November 1 thereafter,
5manufacturers shall submit a document, as prescribed by the
6Agency, listing each registered recycler and refurbisher that
7will be used to meet the manufacturer's annual CED recycling
8and reuse goal and certifying that those recyclers or
9refurbishers comply with the standards set forth in subsection
10(d) of Section 50.
11    (h) By September 1, 2012 and every September 1 thereafter
12August 15, 2009, CED television manufacturers shall submit to
13the Agency, in the form and manner required by the Agency, a
14report that contains the total weight of CEDs televisions sold
15under each of the manufacturer's brands to individuals at
16retail in this State as calculated under subsection (c) and
17(c-15) of Section 15. Each manufacturer shall indicate on the
18report whether the total weight of CEDs was derived from its
19own sales records or national sales data. If a manufacturer's
20CED weight is derived from national sales data, the
21manufacturer shall indicate the source of the sales data. , as
22set forth in the reports to manufacturers by retailers under
23subsection (c) of Section 40.
24    (i) (Blank). No later than September 1, 2010, television
25manufacturers must submit to the Agency, in the form and manner
26required by the Agency, a report for the period January 1, 2010

 

 

09700SB2106sam003- 34 -LRB097 07435 JDS 54244 a

1through June 30, 2010 that contains both of the following:
2        (1) The total weight of televisions sold under each of
3    the manufacturer's brands to individuals at retail in this
4    State, from one of the following 2 sources, with the
5    manufacturer indicating in the report which of the 2 data
6    sources was used, and, if a national sales data report was
7    used, the name of the national sales data source:
8            (A) the manufacturer's own sales reports; or
9            (B) national sales data reports obtained by the
10        manufacturer and pro-rated to Illinois by multiplying
11        the weight of the manufacturer's televisions sold
12        nationally by the quotient that results from dividing
13        the population of Illinois by the population of the
14        United States. The population of Illinois and the
15        United States shall be obtained using the most recent
16        U.S. census data.
17        (2) The total weight of computers, the total weight of
18    computer monitors, the total weight of printers, the total
19    weight of televisions, and the total weight of EEDs
20    recycled or processed for reuse.
21    (j) (Blank). By August 15, 2010, computer, computer
22monitor, and printer manufacturers shall submit to the Agency,
23on forms and in a format prescribed by the Agency, a report for
24the period January 1, 2010 through June 30, 2010 that contains
25the total weight of computers, the total weight of computer
26monitors, the total weight of printers, the total weight of

 

 

09700SB2106sam003- 35 -LRB097 07435 JDS 54244 a

1televisions, and the total weight of EEDs, recycled or
2processed for reuse.
3    (k) (Blank). No later than April 1 of program years 2011 and
4thereafter, television manufacturers shall submit to the
5Agency, in the form and manner required by the Agency, a report
6that contains all of the following information for the previous
7program year:
8        (1) The total weight of televisions sold under each of
9    the manufacturer's brands to individuals at retail in this
10    State, from one of the following 2 sources, with the
11    manufacturer indicating in the report which of the two data
12    sources was used, and, if a national sales data report was
13    used, the name of the national sales data source:
14            (a) the manufacturer's own sales reports; or
15            (b) national sales data reports obtained by the
16        manufacturer and pro-rated to Illinois by multiplying
17        the weight of the manufacturer's televisions sold
18        nationally by the quotient that results from dividing
19        the population of Illinois by the population of the
20        United States. The population of Illinois and the
21        United States shall be obtained using the most recent
22        U.S. census data.
23        (2) The total weight of computers, the total weight of
24    computer monitors, the total weight of printers, the total
25    weight of televisions, and the total weight of EEDs
26    recycled or processed for reuse.

 

 

09700SB2106sam003- 36 -LRB097 07435 JDS 54244 a

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

 

 

09700SB2106sam003- 37 -LRB097 07435 JDS 54244 a

1        (3) A a list of each recycler, refurbisher, and
2    collector used by the manufacturer to fulfill the
3    manufacturer's individual recycling and reuse goal set
4    forth in subsection (c) of Section 15 of this Act. ; and
5        (4) A a summary of the manufacturer's consumer
6    education program required under subsection (m) of this
7    Section.
8    (m) Manufacturers must develop and maintain a consumer
9education program that complements and corresponds to the
10primary retailer-driven campaign required under Section 40 of
11this Act. The education program shall promote the recycling of
12electronic products and proper end-of-life management of the
13products by consumers.
14    (n) Beginning January 1 2010, no manufacturer may sell a
15computer, computer monitor, printer, or television in this
16State unless the manufacturer is registered with the State as
17required under this Act, has paid the required registration
18fee, and is otherwise in compliance with the provisions of this
19Act.
20    (o) Beginning January 1, 2010, no manufacturer may sell a
21computer, computer monitor, printer, or television in this
22State unless the manufacturer's brand name is permanently
23affixed to, and is readily visible on, the computer, computer
24monitor, printer, or television.
25(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 

 

 

09700SB2106sam003- 38 -LRB097 07435 JDS 54244 a

1    (415 ILCS 150/50)
2    Sec. 50. Recycler and refurbisher registration.
3    (a) Prior to January 1 of each program year, each recycler
4and refurbisher must register with the Agency and submit a
5registration fee pursuant to subsection (b) for that program
6year. Registration must be on forms and in a format prescribed
7by the Agency and shall include, but not be limited to, the
8address of each location where the recycler or refurbisher
9manages CEDs or EEDs and identification of each location at
10which the recycler or refurbisher accepts CEDs or EEDs from a
11residence.
12    (b) The registration fee for program year 2010 is $2,000.
13For program year 2011, if a recycler's or refurbisher's annual
14combined total weight of CEDs and EEDs is less than 1,000 tons
15per year, the registration fee shall be $500. For program year
162012 and for all subsequent program years, both registration
17fees shall be increased each year by an inflation factor
18determined by the annual Implicit Price Deflator for Gross
19National Product as published by the U.S. Department of
20Commerce in its Survey of Current Business. The inflation
21factor must be calculated each year by dividing the latest
22published annual Implicit Price Deflator for Gross National
23Product by the annual Implicit Price Deflator for Gross
24National Product for the previous year. The inflation factor
25must be rounded to the nearest 1/100th, and the resulting
26registration fee must be rounded to the nearest whole dollar.

 

 

09700SB2106sam003- 39 -LRB097 07435 JDS 54244 a

1No later than October 1 of each program year, the Agency shall
2post on its website the registration fee for the next program
3year.
4    (c) No person may act as a recycler or a refurbisher of
5CEDs for a manufacturer obligated to meet goals under this Act
6unless the recycler or refurbisher is registered and has paid
7the registration fee as required under this Section. Registered
8recyclers and refurbishers must accept any delivered CED or
9EED. Neither a registered recycler nor a refurbisher may charge
10individual consumers a fee to recycle or refurbish CEDs and
11EEDs, unless the recycler or refurbisher provides (i) a
12financial incentive, such as a coupon, that is of greater or
13equal value to the applicable item or (ii) premium service,
14such as curbside collection, home pick-up, or a similar method
15of collection.
16    (d) Recyclers and refurbishers must, at a minimum, comply
17with all of the following:
18        (1) Recyclers and refurbishers must comply with
19    federal, State, and local laws and regulations, including
20    federal and State minimum wage laws, specifically relevant
21    to the handling, processing, refurbishing and recycling of
22    residential CEDs and must have proper authorization by all
23    appropriate governing authorities to perform the handling,
24    processing, refurbishment, and recycling.
25        (2) Recyclers and refurbishers must implement the
26    appropriate measures to safeguard occupational and

 

 

09700SB2106sam003- 40 -LRB097 07435 JDS 54244 a

1    environmental health and safety, through the following:
2            (A) environmental health and safety training of
3        personnel, including training with regard to material
4        and equipment handling, worker exposure, controlling
5        releases, and safety and emergency procedures;
6            (B) an up-to-date, written plan for the
7        identification and management of hazardous materials;
8        and
9            (C) an up-to-date, written plan for reporting and
10        responding to exceptional pollutant releases,
11        including emergencies such as accidents, spills,
12        fires, and explosions.
13        (3) Recyclers and refurbishers must maintain (i)
14    commercial general liability insurance or the equivalent
15    corporate guarantee for accidents and other emergencies
16    with limits of not less than $1,000,000 per occurrence and
17    $1,000,000 aggregate and (ii) pollution legal liability
18    insurance with limits not less than $1,000,000 per
19    occurrence for companies engaged solely in the dismantling
20    activities and $5,000,000 per occurrence for companies
21    engaged in recycling.
22        (4) Recyclers and refurbishers must maintain on file
23    documentation that demonstrates the completion of an
24    environmental health and safety audit completed and
25    certified by a competent internal and external auditor
26    annually. A competent auditor is an individual who, through

 

 

09700SB2106sam003- 41 -LRB097 07435 JDS 54244 a

1    professional training or work experience, is appropriately
2    qualified to evaluate the environmental health and safety
3    conditions, practices, and procedures of the facility.
4    Documentation of auditors' qualifications must be
5    available for inspection by Agency officials and
6    third-party auditors.
7        (5) Recyclers and refurbishers must maintain on file
8    proof of workers' compensation and employers' liability
9    insurance.
10        (6) Recyclers and refurbishers must provide adequate
11    assurance (such as bonds or corporate guarantee) to cover
12    environmental and other costs of the closure of the
13    recycler or refurbisher's facility, including cleanup of
14    stockpiled equipment and materials.
15        (7) Recyclers and refurbishers must apply due
16    diligence principles to the selection of facilities to
17    which components and materials (such as plastics, metals,
18    and circuit boards) from CEDs and EEDs are sent for reuse
19    and recycling.
20        (8) Recyclers and refurbishers must establish a
21    documented environmental management system that is
22    appropriate in level of detail and documentation to the
23    scale and function of the facility, including documented
24    regular self-audits or inspections of the recycler or
25    refurbisher's environmental compliance at the facility.
26        (9) Recyclers and refurbishers must use the

 

 

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1    appropriate equipment for the proper processing of
2    incoming materials as well as controlling environmental
3    releases to the environment. The dismantling operations
4    and storage of CED and EED components that contain
5    hazardous substances must be conducted indoors and over
6    impervious floors. Storage areas must be adequate to hold
7    all processed and unprocessed inventory. When heat is used
8    to soften solder and when CED and EED components are
9    shredded, operations must be designed to control indoor and
10    outdoor hazardous air emissions.
11        (10) Recyclers and refurbishers must establish a
12    system for identifying and properly managing components
13    (such as circuit boards, batteries, CRTs, and mercury
14    phosphor lamps) that are removed from CEDs and EEDs during
15    disassembly. Recyclers and refurbishers must properly
16    manage all hazardous and other components requiring
17    special handling from CEDs and EEDs consistent with
18    federal, State, and local laws and regulations. Recyclers
19    and refurbishers must provide visible tracking (such as
20    hazardous waste manifests or bills of lading) of hazardous
21    components and materials from the facility to the
22    destination facilities and documentation (such as
23    contracts) stating how the destination facility processes
24    the materials received. No recycler or refurbisher may
25    send, either directly or through intermediaries, hazardous
26    wastes to solid waste (non-hazardous waste) landfills or to

 

 

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1    non-hazardous waste incinerators for disposal or energy
2    recovery. For the purpose of these guidelines, smelting of
3    hazardous wastes to recover metals for reuse in conformance
4    with all applicable laws and regulations is not considered
5    disposal or energy recovery.
6        (11) Recyclers and refurbishers must use a regularly
7    implemented and documented monitoring and record-keeping
8    program that tracks inbound CED and EED material weights
9    (total) and subsequent outbound weights (total to each
10    destination), injury and illness rates, and compliance
11    with applicable permit parameters including monitoring of
12    effluents and emissions. Recyclers and refurbishers must
13    maintain contracts or other documents, such as sales
14    receipts, suitable to demonstrate: (i) the reasonable
15    expectation that there is a downstream market or uses for
16    designated electronics (which may include recycling or
17    reclamation processes such as smelting to recover metals
18    for reuse); and (ii) that any residuals from recycling or
19    reclamation processes, or both, are properly handled and
20    managed to maximize reuse and recycling of materials to the
21    extent practical.
22        (12) Recyclers and refurbishers must comply with
23    federal and international law and agreements regarding the
24    export of used products or materials. In the case of
25    exports of CEDs and EEDs, recyclers and refurbishers must
26    comply with applicable requirements of the U.S. and of the

 

 

09700SB2106sam003- 44 -LRB097 07435 JDS 54244 a

1    import and transit countries and must maintain proper
2    business records documenting its compliance. No recycler
3    or refurbisher may establish or use intermediaries for the
4    purpose of circumventing these U.S. import and transit
5    country requirements.
6        (13) Recyclers and refurbishers that conduct
7    transactions involving the transboundary shipment of used
8    CEDs and EEDs shall use contracts (or the equivalent
9    commercial arrangements) made in advance that detail the
10    quantity and nature of the materials to be shipped. For the
11    export of materials to a foreign country (directly or
12    indirectly through downstream market contractors): (i) the
13    shipment of intact televisions and computer monitors
14    destined for reuse must include only whole products that
15    are tested and certified as being in working order or
16    requiring only minor repair (e.g. not requiring the
17    replacement of circuit boards or CRTs), must be destined
18    for reuse with respect to the original purpose, and the
19    recipient must have verified a market for the sale or
20    donation of such product for reuse; (ii) the shipments of
21    CEDs and EEDs for material recovery must be prepared in a
22    manner for recycling, including, without limitation,
23    smelting where metals will be recovered, plastics recovery
24    and glass-to-glass recycling; or (iii) the shipment of CEDs
25    and EEDs are being exported to companies or facilities that
26    are owned or controlled by the original equipment

 

 

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1    manufacturer.
2        (14) Recyclers and refurbishers must maintain the
3    following export records for each shipment on file for a
4    minimum of 3 years: (i) the facility name and the address
5    to which shipment is exported; (ii) the shipment contents
6    and volumes; (iii) the intended use of contents by the
7    destination facility; (iv) any specification required by
8    the destination facility in relation to shipment contents;
9    (v) an assurance that all shipments for export, as
10    applicable to the CED manufacturer, are legal and satisfy
11    all applicable laws of the destination country.
12        (15) Recyclers and refurbishers must employ
13    industry-accepted procedures for the destruction or
14    sanitization of data on hard drives and other data storage
15    devices. Acceptable guidelines for the destruction or
16    sanitization of data are contained in the National
17    Institute of Standards and Technology's Guidelines for
18    Media Sanitation or those guidelines certified by the
19    National Association for Information Destruction;
20        (16) No recycler or refurbisher may employ prison labor
21    in any operation related to the collection,
22    transportation, recycling, and refurbishment of CEDs and
23    EEDs. No recycler or refurbisher may employ any third party
24    that uses or subcontracts for the use of prison labor.
25(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 

 

 

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1    (415 ILCS 150/55)
2    Sec. 55. Collector responsibilities.
3    (a) No later than January 1 of each program year,
4collectors that collect or receive CEDs or EEDs for one or more
5manufacturers, recyclers, or refurbishers shall register with
6the Agency. Registration must be in the form and manner
7required by the Agency and must include, without limitation,
8the address of each location where CEDs or EEDs are received
9and the identification of each location at which the collector
10accepts CEDs or EEDs from a residence.
11    (b) Manufacturers, recyclers, refurbishers also acting as
12collectors shall so indicate on their registration under
13Section 30 or 50 and not register separately as collectors.
14    (c) No later than August 15, 2010, collectors must submit
15to the Agency, on forms and in a format prescribed by the
16Agency, a report for the period from January 1, 2010 through
17June 30, 2010 that contains the following information: the
18total weight of computers, the total weight of computer
19monitors, the total weight of printers, the total weight of
20televisions, and the total weight of EEDs collected or received
21for each manufacturer.
22    (d) By January 31 No later than May 1 of each program year,
23collectors must submit to the Agency, on forms and in a format
24prescribed by the Agency, a report that contains the following
25information for the previous program year:
26        (1) The the total weight of individual CEDs collected

 

 

09700SB2106sam003- 47 -LRB097 07435 JDS 54244 a

1    computers, the total weight of computer monitors, the total
2    weight of printers, the total weight of televisions, and
3    the total weight of EEDs collected or received for each
4    manufacturer during the previous program year.
5        (2) A a list of each recycler and refurbisher that
6    received CEDs and EEDs from the collector and the total
7    weight each recycler and refurbisher received.
8        (3) The the address of each collector's facility where
9    the CEDs and EEDs were collected or received. Each facility
10    address must include the county in which the facility is
11    located.
12    (e) Collectors may accept no more than 10 CEDs or EEDs at
13one time from individual members of the public and, when
14scheduling collection events, shall provide no fewer than 30
15days' notice to the county waste agency of those events.
16    (f) No collector of CEDs and EEDs may recycle, or refurbish
17for reuse or resale CEDs or EEDs, to a third-party unless the
18collector registers as a recycler or refurbisher pursuant to
19Section 50 and pays the registration fee pursuant to Section
2050.
21(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
22    (415 ILCS 150/60)
23    Sec. 60. Collection strategy for underserved counties.
24    (a) For program year 2010 and 2011, all counties in this
25State except the following are considered underserved:

 

 

09700SB2106sam003- 48 -LRB097 07435 JDS 54244 a

1Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock,
2Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston,
3Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock
4Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren,
5Will, Williamson, and Winnebago.
6    (b) For program year 2012 and each program year thereafter
7underserved counties shall be those counties within the state
8of Illinois with a population density of 190 persons or less
9per square mile based on the most recent U.S. Census population
10estimate. For program years 2011 and later, underserved
11counties shall be counties in this State that, during the
12program year 2 years prior, were not served by a minimum of one
13collection site that (i) accepted all types of CEDs and EEDs
14and (ii) was open for a minimum of 8 hours on at least one day
15per month of that program year. For the purposes of this
16subsection (b), 2009 shall be considered to have been a program
17year, and for the program year 2012 the determination of
18whether a county is underserved shall be based on the criteria
19of this subsection (b) instead of the county's inclusion in the
20list set forth in subsection (a) of this Section.
21(Source: P.A. 95-959, eff. 9-17-08.)
 
22    (415 ILCS 150/65)
23    Sec. 65. State government procurement.
24    (a) The Department of Central Management Services shall
25ensure that all bid specifications and contracts for the

 

 

09700SB2106sam003- 49 -LRB097 07435 JDS 54244 a

1purchase or lease of desktop computers, laptop or notebook
2computers, and computer monitors, by State agencies under a
3statewide master contract require that the electronic products
4have a Bronze performance tier or higher registration under the
5Electronic Product Environmental Assessment Tool ("EPEAT")
6operated by the Green Electronics Council.
7    (b) The Department of Central Management Services shall
8ensure that bid specifications and contracts for the purchase
9or lease of televisions, and printers, electronic keyboards,
10facsimile machines, videocassette recorders, portable digital
11music players that have memory capability and are battery
12powered, digital video disc players, video game consoles,
13electronic mice, scanners, digital converter boxes, cable or
14satellite receivers, digital video disc recorders, or
15small-scale servers by State agencies under a statewide master
16contract require that those items the televisions have a Bronze
17performance tier or higher registration under EPEAT if the
18Department determines that there are an adequate number of
19those items the televisions or printers registered under EPEAT
20to provide a sufficiently competitive bidding environment.
21    (c) This Section applies to bid specifications issued, and
22contracts entered into, on or after January 1, 2010.
23(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
24    (415 ILCS 150/80)
25    Sec. 80. Penalties.

 

 

09700SB2106sam003- 50 -LRB097 07435 JDS 54244 a

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

 

 

09700SB2106sam003- 51 -LRB097 07435 JDS 54244 a

1    total weight of CEDs and EEDs recycled or processed for
2    reuse by the manufacturer during the program year.
3        (2) In program year 2013, and each year thereafter, if
4    the total weight of CEDs and EEDs recycled or processed for
5    reuse by the manufacturer less than 75% of the
6    manufacturer's individual recycling or reuse goal set
7    forth in Section 19 of this Act, the manufacturer shall pay
8    a penalty equal to the product of: (i) $0.70 per pound;
9    multiplied by (ii) the difference between the
10    manufacturer's individual recycling or reuse goal and the
11    total weight of CEDs and EEDs recycled or processed for
12    reuse by the manufacturer during the program year.
13    (d) Beginning January 1, 2010, a manufacturer in violation
14of subsection (e), (h), (i), (j), (k), or (l), or (m) of
15Section 30 is liable for a civil penalty not to exceed $5,000
16for the violation.
17    (e) Any person in violation of Section 50 of this Act is
18liable for a civil penalty not to exceed $5,000 for the
19violation.
20    (f) A knowing violation of subsections (a) and (c) of
21Section 95 of this Act is a petty offense punishable by a fine
22of $1500; however, a knowing violation of subsections (a) and
23(c) of Section 95 of this Act by a residential consumer is a
24petty offense punishable by a fine of $100.
25    (g) The penalties provided for in this Act may be recovered
26in a civil action brought by the Attorney General in the name

 

 

09700SB2106sam003- 52 -LRB097 07435 JDS 54244 a

1of the People of the State of Illinois. Any moneys collected
2under this Section in which the Attorney General has prevailed
3may be deposited into the Electronic Recycling Fund,
4established under this Act.
5    (h) The Attorney General, at the request of the Agency or
6on his or her own motion, may institute a civil action for an
7injunction, prohibitory or mandatory, to restrain violations
8of this Act or to require such actions as may be necessary to
9address violations of this Act.
10    (i) The penalties and injunctions provided in this Act are
11in addition to any penalties, injunctions, or other relief
12provided under any other law. Nothing in this Act bars a cause
13of action by the State for any other penalty, injunction, or
14relief provided by any other law.
15(Source: P.A. 95-959, eff. 9-17-08.)
 
16    (415 ILCS 150/95)
17    Sec. 95. Landfill ban.
18    (a) 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 mixing 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 with municipal waste that is intended for disposal at a
25landfill.

 

 

09700SB2106sam003- 53 -LRB097 07435 JDS 54244 a

1    (b) Except as may be provided pursuant to subsection (e) of
2this Section, and beginning January 1, 2012, no person may
3knowingly cause or allow the disposal of a CED or any other
4computer, computer monitor, printer, or television, electronic
5keyboard, facsimile machine, videocassette recorder, portable
6digital music player, digital video disc player, or video game
7console in a sanitary landfill.
8    (c) Beginning January 1, 2012, no person may knowingly
9cause or allow the mixing of a CED, or any other computer,
10computer monitor, printer, or television, electronic keyboard,
11facsimile machine, videocassette recorder, portable digital
12music player, digital video disc player, or video game console
13with waste that is intended for disposal by burning or
14incineration.
15    (d) Beginning January 1, 2012, no person may knowingly
16cause or allow the burning or incineration of a CED, or any
17other computer, computer monitor, printer, or television,
18electronic keyboard, facsimile machine, videocassette
19recorder, portable digital music player, digital video disc
20player, or video game console.
21    (e) Beginning April 1, 2012 but no later than December 31,
222013, the Illinois Pollution Control Board (Board) is
23authorized to review temporary CED landfill ban waiver
24petitions by county governments or municipal joint action
25agencies (action agencies) and determine whether the
26respective county's or action agency's jurisdiction may be

 

 

09700SB2106sam003- 54 -LRB097 07435 JDS 54244 a

1granted a temporary CED landfill ban waiver due to a lack of
2funds and a lack of collection opportunities to collect CEDs
3and EEDs within the county's or action agency's jurisdiction.
4If the Board grants a waiver under this subsection (e),
5subsections (a) and (b) of this Section shall not apply to CEDs
6and EEDs that are taken out of service from residences within
7the jurisdiction of the county or action agency receiving the
8waiver and disposed of during the remainder of the program year
9in which the petition is filed.
10        (1) The petition from the county or action agency shall
11    include the following:
12            (A) documentation of the county's or action
13        agency's attempts to gain funding, as well as the total
14        funding obtained, for the collection of CEDs and EEDs
15        in its jurisdiction from manufacturers or other units
16        of government in the State; and
17            (B) an assessment of other collection
18        opportunities in the county's or action agency's
19        jurisdiction demonstrating insufficient capacity for
20        the anticipated volume of CEDs and EEDs for the
21        remainder of the program year in which the petition is
22        being filed.
23        (2) In addition to the criteria listed in item (1), the
24    Board shall consider the following additional criteria
25    when reviewing a petition:
26            (A) total weight of CEDs and EEDs collected in the

 

 

09700SB2106sam003- 55 -LRB097 07435 JDS 54244 a

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

 

 

09700SB2106sam003- 56 -LRB097 07435 JDS 54244 a

1    effect.
2        (5) Any county or action agency granted a temporary CED
3    landfill ban waiver shall, within 7 days after receiving
4    the waiver, inform all solid waste haulers and landfill
5    operators used by the county or action agency for solid
6    waste disposal that a waiver has been granted for the
7    remainder of the program year. The notification shall be
8    provided to the solid waste haulers and landfill operators
9    at least 15 days prior to the waiver taking effect.
10        (6) Between April 1, 2012 and December 31, 2013, if a
11    temporary CED landfill ban waiver has been granted to a
12    petitioner, no person disposing of a CED shall be subject
13    to any enforcement proceeding unless he or she disposes of
14    the CED with knowledge that the CED is from a county or
15    action agency that has not received a temporary CED
16    landfill ban waiver.
17(Source: P.A. 95-959, eff. 9-17-08.)
 
18    (415 ILCS 150/16 rep.)
19    (415 ILCS 150/17 rep.)
20    (415 ILCS 150/18 rep.)
21    (415 ILCS 150/19 rep.)
22    Section 10. The Electronic Products Recycling and Reuse Act
23is amended by repealing Sections 16, 17, 18, and 19.
 
24    Section 99. Effective date. This Act takes effect upon

 

 

09700SB2106sam003- 57 -LRB097 07435 JDS 54244 a

1becoming law.".