Full Text of HB5578 94th General Assembly
HB5578enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning the environment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Mercury Switch Removal Act. | 6 |
| Section 3. Legislative findings. The General Assembly | 7 |
| finds: | 8 |
| (a) That switches containing mercury have been used for | 9 |
| convenience lighting and anti-lock braking systems in vehicles | 10 |
| sold in the State of Illinois.
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| (b) That mercury from the switches may be released into the | 12 |
| environment when end-of-life vehicles are flattened, crushed, | 13 |
| baled, shredded, melted, or otherwise processed for recycling. | 14 |
| (c) That removing mercury switches from end-of-life | 15 |
| vehicles is an effective way to prevent mercury from being | 16 |
| released into the environment.
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| (d) That it is in the public interest of the residents of | 18 |
| the State of Illinois to reduce the quantity of mercury | 19 |
| entering the environment by removing mercury switches from | 20 |
| end-of-life vehicles.
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| Section 5. Definitions. For the purposes of this Act: | 22 |
| "Agency" means the Environmental Protection Agency. | 23 |
| "Capture rate" means the number of convenience light | 24 |
| mercury switches removed from end-of-life vehicles prior to the | 25 |
| vehicle being flattened, crushed, baled, shredded, or | 26 |
| otherwise processed for recycling as a percentage of the total | 27 |
| number of convenience light mercury switches available for | 28 |
| removal from end-of-life vehicles that are flattened, crushed, | 29 |
| shredded, or otherwise processed for recycling. | 30 |
| "End-of-life vehicle" means any vehicle that is sold, | 31 |
| given, or otherwise conveyed to a vehicle recycler or scrap |
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| metal recycler for the purpose of resale of its parts or | 2 |
| recycling. | 3 |
| "Manufacturer" means a person who is the last person in the | 4 |
| production or assembly process of a new motor vehicle that uses | 5 |
| one or more mercury switches or, in the case of an imported | 6 |
| vehicle, the importer or domestic distributor of the vehicle. | 7 |
| "Manufacturer" does not include any person engaged in the | 8 |
| business of selling new motor vehicles at retail or converting | 9 |
| or modifying new motor vehicles after the production or | 10 |
| assembly process. | 11 |
| "Mercury switch" means each mercury-containing capsule or | 12 |
| mercury-containing switch assembly that is part of a | 13 |
| convenience light switch assembly or part of an anti-lock | 14 |
| braking system assembly installed in a vehicle. An anti-lock | 15 |
| braking system assembly may contain more than one mercury | 16 |
| switch. | 17 |
| "Person" means any individual, partnership, | 18 |
| co-partnership, firm, company, limited liability company, | 19 |
| corporation, association, joint stock company, trust, estate, | 20 |
| political subdivision, State agency, or any other legal entity, | 21 |
| or their legal representative, agent, or assigns. | 22 |
| "Scrap metal recycler" means a person who engages in the | 23 |
| business of shredding or otherwise processing end-of-life | 24 |
| vehicles or other scrap metal into prepared grades and whose | 25 |
| principal product is scrap iron, scrap steel, or nonferrous | 26 |
| metallic scrap for sale for remelting purposes. | 27 |
| "Vehicle" means "motor vehicle" as that term is defined in | 28 |
| the Illinois Vehicle Code, but excluding second division | 29 |
| vehicles weighing more than 8,000 pounds. | 30 |
| "Vehicle crusher" means a person, other than a vehicle | 31 |
| recycler or a scrap metal recycler, who engages in the business | 32 |
| of flattening, crushing, or otherwise processing end-of-life | 33 |
| vehicles for recycling. Vehicle crushers include, but are not | 34 |
| limited to, persons who use fixed or mobile equipment to | 35 |
| flatten or crush end-of-life vehicles for a vehicle recycler or | 36 |
| a scrap recycler. |
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| "Vehicle recycler" means a person who engages in the | 2 |
| business of acquiring, dismantling, removing parts from, or | 3 |
| destroying 6 or more end-of-life vehicles in a calendar year | 4 |
| for the primary purpose of reselling the vehicle parts. | 5 |
| Section 10. Removal requirements. | 6 |
| (a) Mercury switches removed from end-of-life vehicles | 7 |
| must be managed in accordance with the Environmental Protection | 8 |
| Act and regulations adopted thereunder. | 9 |
| (b) No person shall represent that all mercury switches | 10 |
| have been removed from a vehicle if all mercury switches have | 11 |
| not been removed from the vehicle, except where a mercury | 12 |
| switch cannot be removed from the vehicle because the switch is | 13 |
| inaccessible due to significant damage to the vehicle in the | 14 |
| area surrounding the switch.
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| (c) Consistent with the protection of confidential | 16 |
| business information, vehicle recyclers, vehicle crushers, and | 17 |
| scrap metal recyclers that remove mercury switches from | 18 |
| end-of-life vehicles must maintain records documenting the | 19 |
| following for each calendar quarter:
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| (1) the number of mercury switches the vehicle | 21 |
| recycler, vehicle crusher, or scrap metal recycler removed | 22 |
| from end-of-life vehicles;
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| (2) the number of end-of-life vehicles received by the | 24 |
| vehicle recycler, vehicle crusher, or scrap metal recycler | 25 |
| that contain one or more mercury switches; | 26 |
| (3) the number of end-of-life vehicles the vehicle | 27 |
| recycler, vehicle crusher, or scrap metal recycler | 28 |
| flattened, crushed, shredded, or otherwise processed for | 29 |
| recycling; and | 30 |
| (4) the make and model of each car from which one or | 31 |
| more mercury switches was removed by the vehicle recycler, | 32 |
| vehicle crusher, or scrap metal recycler.
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| The records required under this subsection (c) must be | 34 |
| retained at the vehicle recycler's or scrap metal recycler's | 35 |
| place of business for a minimum of 3 years and made available |
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| for inspection and copying by the Agency during normal business | 2 |
| hours.
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| (d) For the period of July 1, 2006 though June 30, 2007 and | 4 |
| for each period of July 1 though June 30 thereafter, no later | 5 |
| than 45 days after the close of the period vehicle recyclers, | 6 |
| vehicle crushers, and scrap metal recyclers that remove mercury | 7 |
| switches from end-of-life vehicles must submit to the Agency an | 8 |
| annual report containing the following information for the | 9 |
| period: (i) the number of mercury switches the vehicle | 10 |
| recycler, vehicle crusher, or scrap metal recycler removed from | 11 |
| end-of-life vehicles; (ii) the number of end-of-life vehicles | 12 |
| received by the vehicle recycler, vehicle crusher, or scrap | 13 |
| metal recycler that contain one or more mercury switches, and | 14 |
| (iii) the number of end-of-life vehicles the vehicle recycler, | 15 |
| vehicle crusher, or scrap metal recycler flattened, crushed, | 16 |
| shredded, or otherwise processed for recycling. Data required | 17 |
| to be reported to the United States Environmental Protection | 18 |
| Agency under federal law or regulation may be used in meeting | 19 |
| requirements of this subsection (d), if the data contains the | 20 |
| information required under items (i), (ii), and (iii) of this | 21 |
| subsection.
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| Section 15. Mercury switch collection programs. | 23 |
| (a) Within 60 days of the effective date of this Act, | 24 |
| manufacturers of vehicles in Illinois that contain mercury | 25 |
| switches must begin to implement a mercury switch collection | 26 |
| program that facilitates the removal of mercury switches from | 27 |
| end-of-life vehicles prior to the vehicles being flattened, | 28 |
| crushed, shredded, or otherwise processed for recycling and to | 29 |
| collect and properly manage mercury switches in accordance with | 30 |
| the Environmental Protection Act and regulations adopted | 31 |
| thereunder. In order to ensure that the mercury switches are | 32 |
| removed and collected in a safe and consistent manner, | 33 |
| manufacturers must, to the extent practicable, use the | 34 |
| currently available end-of-life vehicle recycling | 35 |
| infrastructure. The collection program must be designed to |
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| achieve capture rates of not less than (i) 35% for the period | 2 |
| of July 1, 2006, through June 30, 2007; (ii) 50% for the period | 3 |
| of July 1, 2007, through June 30, 2008; and (iii) 70% for the | 4 |
| period of July 1, 2008, through June 30, 2009 and for each | 5 |
| subsequent period of July 1 through June 30. At a minimum, the | 6 |
| collection program must: | 7 |
| (1) Develop and provide educational materials that | 8 |
| include guidance as to which vehicles may contain mercury | 9 |
| switches and procedures for locating and removing mercury | 10 |
| switches. The materials may include, but are not limited | 11 |
| to, brochures, fact sheets, and videos. | 12 |
| (2) Conduct outreach activities to encourage vehicle | 13 |
| recyclers and vehicle crushers to participate in the | 14 |
| mercury switch collection program. The activities may | 15 |
| include, but are not limited to, direct mailings, | 16 |
| workshops, and site visits.
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| (3) Provide storage containers to participating | 18 |
| vehicle recyclers and vehicle crushers for mercury | 19 |
| switches removed under the program.
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| (4) Provide a collection and transportation system to | 21 |
| periodically collect and replace filled storage containers | 22 |
| from vehicle recyclers, vehicle crushers, and scrap metal | 23 |
| recyclers, either upon notification that a storage | 24 |
| container is full or on a schedule predetermined by the | 25 |
| manufacturers. | 26 |
| (5) Establish an entity that will serve as a point of | 27 |
| contact for the collection program and that will establish, | 28 |
| implement, and oversee the collection program on behalf of | 29 |
| the manufacturers. | 30 |
| (6) Track participation in the collection program and | 31 |
| the progress of mercury switch removals and collections.
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| (b) Within 90 days of the effective date of this Act, | 33 |
| manufacturers of vehicles in Illinois that contain mercury | 34 |
| switches must submit to the Agency an implementation plan that | 35 |
| describes how the collection program under subsection (a) of | 36 |
| this Section will be carried out for the duration of the |
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| program and how the program will achieve the capture rates set | 2 |
| forth in subsection (a) of this Section. At a minimum, the | 3 |
| implementation plan must: | 4 |
| (A) Identify the educational materials that will | 5 |
| assist vehicle recyclers, vehicle crushers, and scrap | 6 |
| metal processors in identifying, removing, and properly | 7 |
| managing mercury switches removed from end-of-life | 8 |
| vehicles.
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| (B) Describe the outreach program that will be | 10 |
| undertaken to encourage vehicle recyclers and vehicle | 11 |
| crushers to participate in the mercury switch collection | 12 |
| program.
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| (C) Describe how the manufacturers will ensure that | 14 |
| mercury switches removed from end-of-life vehicles are | 15 |
| managed in accordance with the Illinois Environmental | 16 |
| Protection Act and regulations adopted thereunder. | 17 |
| (D) Describe how the manufacturers will collect and | 18 |
| document the information required in the quarterly reports | 19 |
| submitted pursuant to subsection (e) of this Section.
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| (E) Describe how the collection program will be | 21 |
| financed and implemented. | 22 |
| (F) Identify the manufacturer's address to which the | 23 |
| Agency should send the notice required under subsection (f) | 24 |
| of this Section.
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| The Agency shall review the collection program plans it | 26 |
| receives for completeness and shall notify the manufacturer in | 27 |
| writing if a plan is incomplete. Within 30 days after receiving | 28 |
| a notification of incompleteness from the Agency the | 29 |
| manufacturer shall submit to the Agency a plan that contains | 30 |
| all of the required information. | 31 |
| (c) The Agency must provide assistance to manufacturers in | 32 |
| their implementation of the collection program required under | 33 |
| this Section. The assistance shall include providing | 34 |
| manufacturers with information about businesses likely to be | 35 |
| engaged in vehicle recycling or vehicle crushing, conducting | 36 |
| site visits to promote participation in the collection program, |
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| and assisting with the scheduling, locating, and staffing of | 2 |
| workshops conducted to encourage vehicle recyclers and vehicle | 3 |
| crushers to participate in the collection program. | 4 |
| (d) Manufacturers subject to the collection program | 5 |
| requirements of this Section shall provide, to the extent | 6 |
| practicable, the opportunity for trade associations of vehicle | 7 |
| recyclers, vehicle crushers, and scrap metal recyclers to be | 8 |
| involved in the delivery and dissemination of educational | 9 |
| materials regarding the identification, removal, collection, | 10 |
| and proper management of mercury switches in end-of-life | 11 |
| vehicles. | 12 |
| (e) For the calendar quarter ending March 31, 2007, and for | 13 |
| each calendar quarter thereafter, not later than 45 days | 14 |
| following the close of the calendar quarter manufacturers | 15 |
| subject to the collection program requirements of this Section | 16 |
| must submit to the Agency a quarterly report that contains the | 17 |
| following information: (i) the number of vehicle recyclers, | 18 |
| vehicle crushers, and scrap metal recyclers participating in | 19 |
| the manufacturer's collection program during the reported | 20 |
| quarter, (ii) the number of mercury switches removed from | 21 |
| end-of-life vehicles during the reported quarter by the vehicle | 22 |
| recyclers, vehicle crushers, and scrap metal recyclers | 23 |
| participating in the program, and (iii) the amount of mercury | 24 |
| collected and recycled through the manufacturer's collection | 25 |
| program during the reported calendar quarter. | 26 |
| (f) If the reports required under this Act indicate that | 27 |
| the capture rates set forth in subsection (a) of this Section | 28 |
| for the period of July 1, 2007, though June 30, 2008, or for | 29 |
| any subsequent period have not been met the Agency shall | 30 |
| provide notice that the capture rate was not met; provided, | 31 |
| however, that the Agency is not required to provide notice if | 32 |
| it determines that the capture rate was not met due to a force | 33 |
| majeure. The Agency shall provide the notice by posting a | 34 |
| statement on its website and by sending a written notice via | 35 |
| certified mail to the manufacturers subject to the collection | 36 |
| program requirement of this Section at the addresses provided |
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| in the manufacturers' collection plans. Once the Agency | 2 |
| provides notice pursuant to this subsection (f) it is not | 3 |
| required to provide notice in subsequent periods in which the | 4 |
| capture rate is not met. | 5 |
| (g) Beginning 30 days after the Agency first provides | 6 |
| notice pursuant to subsection (f) of this Section, the | 7 |
| following shall apply: | 8 |
| (1) Vehicle recyclers must remove all mercury switches | 9 |
| from end-of-life vehicles prior to delivering the vehicles | 10 |
| to an on-site or off-site vehicle crusher or to a scrap | 11 |
| metal recycler, provided that a vehicle recycler is not | 12 |
| required to remove a mercury switch that is inaccessible | 13 |
| due to significant damage to the vehicle in the area | 14 |
| surrounding the mercury switch that occurred prior to the | 15 |
| vehicle recycler's receipt of the vehicle in which case the | 16 |
| damage must be noted in the records the vehicle recycler is | 17 |
| required to maintain under Section 10(c) of this Act. | 18 |
| (2) No vehicle recycler, vehicle crusher, or scrap | 19 |
| metal recycler shall flatten, crush, or otherwise process | 20 |
| an end-of-life vehicle for recycling unless all mercury | 21 |
| switches have been removed from the vehicle, provided that | 22 |
| a mercury switch that is inaccessible due to significant | 23 |
| damage to the vehicle in the area surrounding the mercury | 24 |
| switch that occurred prior to the vehicle recycler's or the | 25 |
| vehicle crusher's receipt of the vehicle is not required to | 26 |
| be removed. The damage must
be noted in the records the | 27 |
| vehicle recycler or vehicle crusher is required to maintain | 28 |
| under Section 10(c) of this Act. | 29 |
| (3) Notwithstanding subsection (g)(1) of this Section, | 30 |
| a scrap metal recycler may agree to accept an end-of-life | 31 |
| vehicle that contains one or more mercury switches and that | 32 |
| has not been flattened, crushed, shredded, or otherwise | 33 |
| processed for recycling provided the scrap metal recycler | 34 |
| removes all mercury switches from the vehicle before the | 35 |
| vehicle is flattened, crushed, shredded, or otherwise | 36 |
| processed for recycling. Scrap metal recyclers are not |
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| required to remove a mercury switch that is inaccessible | 2 |
| due to significant damage to the vehicle in the area | 3 |
| surrounding the mercury switch that occurred prior to the | 4 |
| scrap metal recycler's receipt of the vehicle. The damage | 5 |
| must be noted in the records the scrap metal recycler is | 6 |
| required to maintain under Section 10(c) of this Act. | 7 |
| (4) Manufacturers subject to the collection program | 8 |
| requirements of this Section must provide to vehicle | 9 |
| recyclers, vehicle crushers, and scrap metal recyclers the | 10 |
| following compensation for all mercury switches removed | 11 |
| from end-of-life vehicles on or after the date of the | 12 |
| notice: $2.00 for each mercury switch removed by the | 13 |
| vehicle recycler, vehicle crusher, or the scrap metal | 14 |
| recycler, the costs of the containers in which the mercury | 15 |
| switches are collected, and the costs of packaging and | 16 |
| transporting the mercury switches off-site.
Payment of | 17 |
| this compensation must be provided in a prompt manner. | 18 |
| (h) In meeting the requirements of this Section | 19 |
| manufacturers may work individually or as part of a group of 2 | 20 |
| or more manufacturers. | 21 |
| Section 20. Evaluation. At the end of calendar year 2007, | 22 |
| and at the end of each year thereafter through calendar year | 23 |
| 2016, the Agency shall meet with manufacturers subject to the | 24 |
| collection program requirements of Section 15 of this Act to | 25 |
| review the performance of the manufacturers' mercury switch | 26 |
| collection program, provided that the manufacturers must | 27 |
| request such a meeting. If the program is not accomplishing the | 28 |
| objectives set forth in the implementation plan the Agency may | 29 |
| recommend modifications to the program or recommend the | 30 |
| investigation of additional methods to promote the removal, | 31 |
| collection, and proper management of mercury switches from | 32 |
| end-of-life vehicles. | 33 |
| Section 25. Agency recommendations.
Every 3 years the | 34 |
| Agency shall make a recommendation to the General Assembly as |
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| to whether the $2 fee required under Section 15 of this Act | 2 |
| should be modified to ensure adequate compensation for the | 3 |
| removal of mercury switches from end-of-life vehicles. In | 4 |
| developing its recommendations, the Agency shall seek comments | 5 |
| or information from interested persons, including, but not | 6 |
| limited to, representatives of vehicle recyclers, scrap metal | 7 |
| recyclers, vehicle manufacturers, steel and iron | 8 |
| manufacturers, and environmental groups. | 9 |
| Section 30. All information required to be submitted to the | 10 |
| Agency under this Act must be submitted on forms prescribed by | 11 |
| the Agency. | 12 |
| Section 35. The Agency shall have the duty to investigate | 13 |
| violations of this Act. | 14 |
| Section 40. Penalties. | 15 |
| (a) Any manufacturer that willfully or knowingly violates | 16 |
| any provision of this Act or willfully or knowingly fails to | 17 |
| perform any duty imposed by this Act shall be liable for a | 18 |
| civil penalty not to exceed $1,000 for the violation and an | 19 |
| additional civil penalty not to exceed $1,000 for each day the | 20 |
| violation continues, and shall be liable for a civil penalty | 21 |
| not to exceed $5,000 for a second or subsequent violation and | 22 |
| an additional civil penalty not to exceed $1,000 for each day | 23 |
| the second or subsequent violation continues. | 24 |
| (b) Any vehicle recycler, vehicle crusher, or scrap metal | 25 |
| recycler that willfully or knowingly violates any provision of | 26 |
| this Act or fails to perform any duty imposed by this Act shall | 27 |
| be liable for a civil penalty not to exceed $250 for the first | 28 |
| violation and not to exceed $500 for a second or subsequent | 29 |
| violation.
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| (c) The penalties provided for in this Section may be | 31 |
| recovered in a civil action brought in the name of the people | 32 |
| of the State of Illinois by the State's Attorney of the county | 33 |
| in which the violation occurred or by the Attorney General. |
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| Without limiting any other authority that may exist for the | 2 |
| awarding of attorney's fees and costs, a court of competent | 3 |
| jurisdiction may award costs and reasonable attorney's fees, | 4 |
| including the reasonable costs of expert witnesses and | 5 |
| consultants, to the State's Attorney or the Attorney General in | 6 |
| a case where he or she has prevailed against a person who has | 7 |
| committed a willful, knowing, or repeated violation of this | 8 |
| Act. Any funds collected under this Section in an action in | 9 |
| which the Attorney General has prevailed shall be deposited in | 10 |
| the Hazardous Waste Fund established under the Environmental | 11 |
| Protection Act. Any funds collected under this Section in an | 12 |
| action in which a State's Attorney has prevailed shall be | 13 |
| retained by the county in which he or she serves. | 14 |
| (d) The State's Attorney of the county in which the | 15 |
| violation occurred or the Attorney General may, at the request | 16 |
| of the Agency or on his or her own motion, institute a civil | 17 |
| action for an injunction, prohibitory or mandatory, to restrain | 18 |
| violations of this Act or to require such other actions as may | 19 |
| be necessary to address violations of this Act.
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| (e) The penalties and injunctions provided in this Act are | 21 |
| in addition to any penalties, injunctions, or other relief | 22 |
| provided under any other law. Nothing in this Act shall bar a | 23 |
| cause of action by the State for any other penalty, injunction, | 24 |
| or relief provided by any other law.
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| Section 45. Manufacturers subject to the collection | 26 |
| program requirement of Section 15 of this Act shall indemnify, | 27 |
| defend, and hold harmless vehicle recyclers, vehicle crushers, | 28 |
| and scrap metal recyclers for any liabilities arising from | 29 |
| releases from a mercury switch after the switch is transferred | 30 |
| under the manufacturer's collection program to the | 31 |
| manufacturer or its agent, provided that the switch has been | 32 |
| managed in accordance with the Environmental Protection Act and | 33 |
| regulations adopted thereunder prior to the transfer. | 34 |
| Section 50. If the Agency determines that the requirements |
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| of this Act are no longer necessary because a federal program | 2 |
| provides equal or greater protection of human health and safety | 3 |
| and the environment in this State, the Agency shall submit a | 4 |
| report of its determination to the General Assembly. In making | 5 |
| its determination the Agency shall seek comments or information | 6 |
| from interested persons, including, but not limited to, | 7 |
| representatives of vehicle recyclers, vehicle crushers, scrap | 8 |
| metal recyclers, vehicle manufacturers, steel and iron | 9 |
| manufacturers, and environmental groups. | 10 |
| Section 55. Repealer. This Act is repealed on January 1, | 11 |
| 2011.
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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