Full Text of HB3424 97th General Assembly
HB3424ham003 97TH GENERAL ASSEMBLY | Rep. Daniel Biss Filed: 4/12/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3424
| 2 | | AMENDMENT NO. ______. Amend House Bill 3424, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Electronic Products Recycling and Reuse Act | 6 | | is amended by changing Sections 5, 10, 20, 30, 50, 55, 60, 65, | 7 | | and 80 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 | 6 | | which the recycling and processing for reuse of covered | 7 | | electronic 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 | 13 | | to convert an electronic signal into a visual image, such as a | 14 | | television or computer monitor. | 15 | | "Collector" means a person who receives covered electronic | 16 | | devices or eligible electronic devices directly from a | 17 | | residence for recycling or processing for reuse. "Collector" | 18 | | includes, but is not limited to, manufacturers, recyclers, and | 19 | | refurbishers 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 | 22 | | below and used only in a residence, but does not mean an | 23 | | automated typewriter, electronic printer, mobile telephone, | 24 | | portable hand-held calculator, portable digital assistant | 25 | | (PDA), MP3 player, or other similar device. "Computer" does not |
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| 1 | | include computer peripherals, commonly known as cables, mouse, | 2 | | or 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 | | "Computer monitor" means an electronic device that is a | 19 | | cathode-ray tube or flat panel display primarily intended to | 20 | | display information from a computer and is used only in a | 21 | | residence. | 22 | | "Covered electronic device" or "CED" means any computer, | 23 | | computer monitor, television, or printer that is taken out of | 24 | | service from a residence in this State regardless of purchase | 25 | | location . "Covered electronic device" does not include any of | 26 | | the following: |
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| 1 | | (1) an electronic device that is a part of a motor | 2 | | vehicle or any component part of a motor vehicle assembled | 3 | | by or for a vehicle manufacturer or franchised dealer, | 4 | | including replacement parts for use in a motor vehicle; | 5 | | (2) an electronic device that is functionally or | 6 | | physically part of a larger piece of equipment or that is | 7 | | taken out of service from an industrial, commercial | 8 | | (including retail), library checkout, traffic control, | 9 | | kiosk, security (other than household security), | 10 | | governmental, agricultural, or medical setting, including | 11 | | but not limited to diagnostic, monitoring, or control | 12 | | equipment; or | 13 | | (3) an electronic device that is contained within a | 14 | | clothes washer, clothes dryer, refrigerator, refrigerator | 15 | | and freezer, microwave oven, conventional oven or range, | 16 | | dishwasher, room air conditioner, dehumidifier, water | 17 | | pump, sump pump, or air purifier. | 18 | | To the extent allowed under federal and State laws and | 19 | | regulations, a CED that is being collected, recycled, or | 20 | | processed for reuse is not considered to be hazardous waste, | 21 | | household waste, solid waste, or special waste. | 22 | | "Developmentally disabled" , as defined by the Illinois | 23 | | Department of Human Services, Division of Developmental | 24 | | Disabilities Program Manual, means a person who has mental | 25 | | retardation or a related condition. | 26 | | (1) "A person who has mental retardation" means an |
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| 1 | | individual who has significantly subaverage general | 2 | | intellectual functioning as well as deficits in adaptive | 3 | | behavior that manifested before age 18. A person's general | 4 | | intellectual functioning is significantly subaverage if | 5 | | that person has an intelligence quotient (IQ) of 70 or | 6 | | below on standardized measures of intelligence. This upper | 7 | | limit, however, may be extended upward depending on the | 8 | | reliability of the intelligence test used. | 9 | | (2) "A person who has a related condition" means an | 10 | | individual who has a severe, chronic disability that (i) is | 11 | | attributable to cerebral palsy, epilepsy, or any other | 12 | | condition, other than mental illness, (ii) is found to be | 13 | | closely related to mental retardation because the | 14 | | condition results in impairment of general intellectual | 15 | | functioning or adaptive behavior similar to that of a | 16 | | person with mental retardation, and (iii) requires | 17 | | treatment or services similar to those required for a | 18 | | person who has mental retardation. means having a severe | 19 | | disability, as defined by the Office of Rehabilitation | 20 | | Services of the Illinois Department of Human Services, that | 21 | | can be expected to result in death or that has lasted, or | 22 | | is expected to last, at least 12 months and that prevents | 23 | | working at a "substantial gainful activity" level.
| 24 | | "Dismantling" means the demanufacturing and shredding of a | 25 | | CED. | 26 | | "Eligible electronic device" or "EED" means any of the |
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| 1 | | following electronic products taken out of service from a | 2 | | residence in this State regardless of purchase location: mobile | 3 | | telephone; computer cable, mouse, or keyboard; stand-alone | 4 | | facsimile machine; MP3 player; portable digital assistant | 5 | | (PDA); video game console, video cassette recorder/player, | 6 | | digital video disk player, or similar video device; zip drive; | 7 | | or scanner. To the extent allowed under federal and state laws | 8 | | and regulations, an EED that is being collected, recycled, or | 9 | | processed for reuse is not considered to be hazardous waste, | 10 | | household waste, solid waste, or special waste. | 11 | | "Low income children and families" mean those children and | 12 | | families that are subject to the most recent version of the | 13 | | United States Department of Health and Human Services Federal | 14 | | Poverty Guidelines. | 15 | | "Manufacturer" means a person, or a successor in interest | 16 | | to a person, under whose brand or label a CED is or was sold at | 17 | | retail. For CEDs sold at retail under a brand or label that is | 18 | | licensed from a person who is a mere brand owner and who does | 19 | | not sell or produce the CED, the person who produced the CED or | 20 | | his or her successor in interest is the manufacturer. For CEDs | 21 | | sold that were at retail under the brand or label of both the | 22 | | retail seller and the person that produced the CED, the person | 23 | | that produced the CED, or his or her successor in interest, is | 24 | | the manufacturer. A retail seller of CEDs may elect to be the | 25 | | manufacturer of one or more CEDs if the retail seller provides | 26 | | written notice to the Agency that it is accepting |
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| 1 | | responsibility as the manufacturer of the CED under this Act | 2 | | and identifies the CEDs for which it is electing to be the | 3 | | manufacturer. | 4 | | "Municipal joint action agency" means a municipal joint | 5 | | action agency created under Section 3.2 of the | 6 | | Intergovernmental Cooperation Act.
| 7 | | "Orphan CEDs" means those CEDs that are returned for | 8 | | recycling, or processing for reuse, whose manufacturer cannot | 9 | | be identified, or whose manufacturer is no longer conducting | 10 | | business and has no successor in interest. | 11 | | "Person" means any individual, partnership, | 12 | | co-partnership, firm, company, limited liability company, | 13 | | corporation, association, joint stock company, trust, estate, | 14 | | political subdivision, State agency, or any other legal entity, | 15 | | or a legal representative, agent, or assign of that entity. | 16 | | "Printer" means desktop printers, multifunction printer | 17 | | copiers, and printer/fax combinations taken out of service from | 18 | | a residence that are designed to reside on a work surface, and | 19 | | include various print technologies, including without | 20 | | limitation laser and LED (electrographic), ink jet, dot matrix, | 21 | | thermal, and digital sublimation, and "multi-function" or | 22 | | "all-in-one" devices that perform different tasks, including | 23 | | without limitation copying, scanning, faxing, and printing. | 24 | | Printers do not include floor-standing printers, printers with | 25 | | optional floor stand, point of sale (POS) receipt printers, | 26 | | household printers such as a calculator with printing |
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| 1 | | capabilities or label makers, or non-stand-alone printers that | 2 | | are embedded into products that are not CEDs. | 3 | | "Processing for reuse" means any method, technique, or | 4 | | process by which CEDs or EEDs that would otherwise be disposed | 5 | | of or discarded are instead separated, processed, and returned | 6 | | to their original intended purposes or to other useful purposes | 7 | | as electronic devices. "Processing for reuse" includes the | 8 | | collection and transportation of CEDs or EEDs. | 9 | | "Program Year" means a calendar year. The first program | 10 | | year is 2010. | 11 | | "Recycler" means a person who engages in the recycling of | 12 | | CEDs or EEDs, but does not include telecommunications carriers, | 13 | | telecommunications manufacturers, or commercial mobile service | 14 | | providers with an existing recycling program. | 15 | | "Recycling" means any method, technique, or process by | 16 | | which CEDs or EEDs that would otherwise be disposed of or | 17 | | discarded are instead collected, separated, or processed and | 18 | | are returned to the economic mainstream in the form of raw | 19 | | materials or products. "Recycling" includes the collection, | 20 | | transportation, dismantling, and shredding of the CEDs or EEDs. | 21 | | "Recycling coordinator" means the person designated by | 22 | | each county waste management plan to administer the county | 23 | | recycling program, as set forth in the Solid Waste Management | 24 | | Act. | 25 | | "Refurbisher" means any person who processes CEDs or EEDs | 26 | | for reuse, but does not include telecommunications carriers, |
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| 1 | | telecommunications manufacturers, or commercial mobile service | 2 | | providers with an existing recycling program. | 3 | | "Residence" means a dwelling place or home in which one or | 4 | | more individuals live. | 5 | | "Retailer" means a person who sells, rents, or leases, | 6 | | through sales outlets, catalogues, or the Internet, computers, | 7 | | computer monitors, printers, or televisions at retail to | 8 | | individuals in this State. For purposes of this Act, sales to | 9 | | individuals at retail are considered to be sales for | 10 | | residential use. "Retailer" includes, but is not limited to, | 11 | | manufacturers who sell computers, computer monitors, printers, | 12 | | or televisions at retail directly to individuals in this State. | 13 | | "Sale" means any retail transfer of title for consideration | 14 | | of title including, but not limited to, transactions conducted | 15 | | through sales outlets, catalogs, or the Internet or any other | 16 | | similar electronic means but does not mean financing or | 17 | | leasing. | 18 | | "Television" means an electronic device (i) containing a | 19 | | cathode-ray tube or flat panel screen the size of which is | 20 | | greater than 4 inches when measured diagonally, (ii) that is | 21 | | intended to receive video programming via broadcast, cable, or | 22 | | satellite transmission or to receive video from surveillance or | 23 | | other similar cameras, and (iii) that is used only in a | 24 | | residence.
| 25 | | "Underserved counties" means those counties so identified | 26 | | in Section 60. |
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| 1 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | 2 | | (415 ILCS 150/20)
| 3 | | Sec. 20. Agency responsibilities. | 4 | | (a) The Agency has the authority to monitor compliance with | 5 | | this Act , enforce violations of the Act by administrative | 6 | | citation, and to refer violations of this Act to the Attorney | 7 | | General. | 8 | | (b) No later than October 1 of each program year, the | 9 | | Agency shall post on its website a list of underserved counties | 10 | | in the State for the next program year. The list of underserved | 11 | | counties for the first program year is set forth in subsection | 12 | | (a) of Section 60 . | 13 | | (c) From By July 1, 2009 until December 31, 2015 , the | 14 | | Agency shall implement a county and municipal government | 15 | | education campaign to inform those entities about this Act and | 16 | | the implications on solid waste collection in their localities. | 17 | | (c-5) No later than February 1, 2012 and every February 1 | 18 | | thereafter, the Agency shall use a portion of the manufacturer, | 19 | | recycler, and refurbisher registration fees to provide a $2,000 | 20 | | grant to the recycling coordinator in each county of the State | 21 | | to inform residents in that county about this Act and | 22 | | opportunities to recycle CEDs and EEDs. The recycling | 23 | | coordinator shall expend the $2,000 grant prior to December 31 | 24 | | of the program year in which the grant was received. The | 25 | | recycling coordinator shall maintain records that document the |
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| 1 | | use of the grant funds. | 2 | | (c-10) By June 15, 2012 and by December 15, 2012, and by | 3 | | every subsequent June 15 and December 15 thereafter through | 4 | | December 15, 2015, the Agency shall meet with the Illinois | 5 | | Retail Merchants' Association to discuss compliance with | 6 | | Section 40. | 7 | | (c-15) By December 15, 2012 and each December 15 | 8 | | thereafter, the Agency shall post on its website: (i) the | 9 | | mailing address of each collection site at which collectors | 10 | | collected CEDs during the program year and (ii) the amount in | 11 | | pounds of each CED collected at the collection site during the | 12 | | program year. | 13 | | (d) By July 1, 2011 for the first program year, and by May | 14 | | 15 April 1 for all subsequent program years, the Agency shall | 15 | | report to the Governor and to the General Assembly annually on | 16 | | the previous program year's performance. The report must be | 17 | | posted on the Agency's website. The report must include, but | 18 | | not be limited to, the following: | 19 | | (1) the total overall weight of CEDs, as well as the | 20 | | sub-total weight of computers, the sub-total weight of | 21 | | computer monitors, the sub-total weight of printers, the | 22 | | sub-total weight of televisions, and the total weight of | 23 | | EEDs that were recycled or processed for reuse in the State | 24 | | during the program year, as reported by manufacturers and | 25 | | collectors under Sections 30 and 55; | 26 | | (2) a listing of all collection sites , as set forth |
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| 1 | | under subsection (a) (e) of Section 55 , and the addresses | 2 | | of those sites ; | 3 | | (3) a statement showing: (i) the total combined weight | 4 | | of CEDs and EEDs collected, recycled, and processed for | 5 | | reuse by the manufacturers pursuant to Section 30, (ii) the | 6 | | total weight of CEDs processed for reuse by the | 7 | | manufacturers, and (iii) the total weight of CEDs and EEDs | 8 | | collected by the collectors pursuant to Section 55. of the | 9 | | manufacturers' progress toward achieving the statewide | 10 | | recycling goal set forth in Section 15 (calculated from the | 11 | | manufacturer reports pursuant to Section 30 and the | 12 | | collector reports pursuant to Section 55) and any | 13 | | identified State actions that may help expand collection | 14 | | opportunities to help manufacturers achieve the statewide | 15 | | recycling goal; | 16 | | (4) a listing of all entities or persons to any | 17 | | manufacturers whom the Agency issued an administrative | 18 | | citation or with respect to which the Agency made a | 19 | | referral for enforcement referred to the Attorney | 20 | | General's Office for enforcement as a result of a violation | 21 | | of this Act; | 22 | | (5) a discussion of the Agency's education and outreach | 23 | | activities as set forth in subsection (c) of this Section ; | 24 | | and | 25 | | (6) a discussion of the penalties, if any, incurred by | 26 | | manufacturers for failure to achieve recycling goals, and a |
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| 1 | | recommendation to the General Assembly of any necessary or | 2 | | appropriate changes to the manufacturers' statewide | 3 | | recycling goals, manufacturer's recycling goals , or | 4 | | penalty provisions included in this Act. | 5 | | (e) The Agency shall post on its website : (1) a list of | 6 | | manufacturers that have paid the current year's registration | 7 | | fee as set forth in subsection (b) of Section 30; (2) a list of | 8 | | manufacturers that failed to pay the current year's | 9 | | registration fee as set forth in subsection (b) of Section 30; | 10 | | and (3) Section 30(b) and (2) a list of registered collectors , | 11 | | the addresses of their collection sites, their business | 12 | | telephone numbers, and a link to their websites. to whom | 13 | | Illinois residents can bring CEDs and EEDs for recycling or | 14 | | processing for reuse, including links to the collectors' | 15 | | websites and the collectors' phone numbers. | 16 | | (f) In program years 2012, 2013, and 2014, and at its | 17 | | discretion thereafter, the Agency shall convene and host an | 18 | | Electronic Products Recycling Conference. The Agency may host | 19 | | the conferences alone or with other public entities or with | 20 | | organizations associated with electronic products recycling. | 21 | | (g) No later than October 1 of each program year, the | 22 | | Agency must post on its website the following information for | 23 | | the next program year: (i) the individual recycling and reuse | 24 | | goals for each manufacturer and (ii) the total statewide | 25 | | recycling goal, determined by adding each individual | 26 | | manufacturer's annual goal. |
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| 1 | | (1) The overall statewide recycling and reuse goal for | 2 | | CEDs, as well as the sub-goals for televisions, and | 3 | | computers, computer monitors, and printers as set forth in | 4 | | Section 15. | 5 | | (2) The market shares of television manufacturers and | 6 | | the return shares of computer, computer monitor, and | 7 | | printer manufacturers, as set forth in Section 18, and | 8 | | (3) The individual recycling and reuse goals for each | 9 | | manufacturer, as set forth in Section 19. | 10 | | (h) By April 1, 2011, and by April 1 of all subsequent | 11 | | years, the Agency shall award recognize those manufacturers | 12 | | that have met or exceeded their recycling or reuse goals for | 13 | | the previous program year with . Such recognition shall be the | 14 | | awarding to all such manufacturers of an Electronic Industry | 15 | | Recycling Award . The award shall acknowledge that the | 16 | | manufacturer has met or exceeded its recycling goals and shall | 17 | | be posted , which shall be recognized on the Agency website and | 18 | | in other media as appropriate. | 19 | | (i) By March 1, 2011, and by March 1 of each subsequent | 20 | | year, the Agency shall post on its website a list of registered | 21 | | manufacturers that have not met their annual recycling and | 22 | | reuse goal for the previous program year.
| 23 | | (j) By July 1, 2015 2012 , the Agency shall solicit written | 24 | | comments regarding all aspects of the program codified in this | 25 | | Act, for the purpose of determining if the program requires any | 26 | | modifications. |
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| 1 | | (1) Issues to be reviewed by the Agency are, but not | 2 | | limited to, the following: | 3 | | (A) Sufficiency of the annual statewide recycling | 4 | | goals. | 5 | | (B) Fairness of the formulas used to determine | 6 | | individual manufacturer goals. | 7 | | (C) Adequacy of, or the need for, continuation of | 8 | | the credits outlined in Section 30(d)(1) through (3). | 9 | | (D) Any temporary recissions of county landfill | 10 | | bans granted by the Illinois Pollution Control Board | 11 | | pursuant to Section 95(e). | 12 | | (E) Adequacy of, or the need for, the penalties | 13 | | listed in Section 80 of this Act, which are scheduled | 14 | | to take effect on January 1, 2013. | 15 | | (F) Adequacy of the collection systems that have | 16 | | been implemented as a result of this Act, with a | 17 | | particular focus on promoting the most cost-effective | 18 | | and convenient collection system possible for Illinois | 19 | | residents. | 20 | | (2) By July 1, 2015 2012 , the Agency shall complete its | 21 | | review of the written comments received, as well as its own | 22 | | reports on the preceding program years 2010 and 2011 . By | 23 | | August 1, 2015 2012 , the Agency shall hold a public hearing | 24 | | to present its findings and solicit additional comments. | 25 | | All additional comments shall be submitted to the Agency in | 26 | | writing no later than October 1, 2015 2012 . |
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| 1 | | (3) The Agency's final report, which shall be issued no | 2 | | later than February 1, 2016 2013 , shall be submitted to the | 3 | | Governor and the General Assembly and shall include | 4 | | specific recommendations for any necessary or appropriate | 5 | | modifications to the program.
| 6 | | (k) Any violation of this Act shall be enforceable by | 7 | | administrative citation. Whenever the Agency personnel or | 8 | | county personnel to which the Agency has delegated the | 9 | | authority to monitor compliance with this Act shall on the | 10 | | basis of direct observation determine that any person has | 11 | | violated any provision of this Act, the Agency or county | 12 | | personnel may issue and serve, within 60 days after the | 13 | | observed violation, an administrative citation upon that | 14 | | person or the entity employing the person. Each citation shall | 15 | | be served upon the person named therein or the person's | 16 | | authorized agent for service of process and shall include the | 17 | | following: | 18 | | (1) a statement specifying the provisions of this Act | 19 | | that the person or the entity employing the person has | 20 | | violated; | 21 | | (2) a copy of the inspection report in which the Agency | 22 | | or local government recorded the violation and the date and | 23 | | time of the inspection; | 24 | | (3) the penalty imposed under Section 80; and | 25 | | (4) an affidavit by the personnel observing the | 26 | | violation, attesting to their material actions and |
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| 1 | | observations. | 2 | | (l) If the person named in the administrative citation | 3 | | fails to petition the Pollution Control Board for review within | 4 | | 35 days after the date of service, the Board shall adopt a | 5 | | final order, which shall include the administrative citation | 6 | | and findings of violation as alleged in the citation and shall | 7 | | impose the penalty specified in Section 80. | 8 | | (m) If a petition for review is filed with the Board to | 9 | | contest an administrative citation issued under this Section, | 10 | | the Agency or unit of local government shall appear as a | 11 | | complainant at a hearing before the Board to be conducted | 12 | | pursuant to subsection (n) of this Section at a time not less | 13 | | than 21 days after notice of the hearing has been sent by the | 14 | | Board to the Agency or unit of local government and the person | 15 | | named in the citation. In such hearings, the burden of proof | 16 | | shall be on the Agency or unit of local government. If, based | 17 | | on the record, the Board finds that the alleged violation | 18 | | occurred, it shall adopt a final order, which shall include the | 19 | | administrative citation and findings of violation as alleged in | 20 | | the citation, and shall impose the penalty specified in Section | 21 | | 80 of this Act. However, if the Board finds that the person | 22 | | appealing the citation has shown that the violation resulted | 23 | | from uncontrollable circumstances, the Board shall adopt a | 24 | | final order that makes no finding of violation and imposes no | 25 | | penalty. | 26 | | (n) All hearings under this Act shall be held before a |
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| 1 | | qualified hearing officer, who may be attended by one or more | 2 | | members of the Board, designated by the Chairman. All such | 3 | | hearings shall be open to the public, and any person may submit | 4 | | written statements to the Board in connection with the subject | 5 | | thereof. In addition, the Board may permit any person to offer | 6 | | oral testimony.
Any party to a hearing under this subsection | 7 | | may be represented by counsel, make oral or written argument, | 8 | | offer testimony, cross-examine witnesses, or take any | 9 | | combination of those actions. All testimony taken before the | 10 | | Board shall be recorded stenographically. The transcript so | 11 | | recorded and any additional matter accepted for the record | 12 | | shall be open to public inspection, and copies thereof shall be | 13 | | made available to any person upon payment of the actual cost of | 14 | | reproducing the original. | 15 | | (o) Counties that have entered into a delegation agreement | 16 | | with the Agency pursuant to subsection (r) of Section 4 of the | 17 | | Illinois Environmental Protection Act for inspection, | 18 | | investigation, or enforcement related functions may conduct | 19 | | inspections for noncompliance with this Act. | 20 | | (Source: P.A. 95-959, eff. 9-17-08; 96-328, eff. 8-11-09.) | 21 | | (415 ILCS 150/30) | 22 | | Sec. 30. Manufacturer responsibilities. | 23 | | (a) Prior to April 1, 2009 for the first program year, and | 24 | | by October 1 for program year 2011 and each program year | 25 | | thereafter, manufacturers who sell whose computers, computer |
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| 1 | | monitors, printers, or televisions are sold in this State must | 2 | | register with the Agency. The registration must be submitted in | 3 | | the form and manner required by the Agency. The registration | 4 | | must include, without limitation, all of the following: | 5 | | (1) a list of all of the manufacturer's brands of | 6 | | computers, computer monitors, printers, or televisions to | 7 | | be offered for sale in the next program year; | 8 | | (2) for manufacturers of both televisions and | 9 | | computers, computer monitors, or printers, an | 10 | | identification of whether, for residential use, (i) | 11 | | televisions or (ii) computers, computer monitors, and | 12 | | printers, represent the larger number of units sold for the | 13 | | manufacturer; and | 14 | | (3) a statement disclosing whether : (A) any computer, | 15 | | computer monitor, printer, or television sold in this State | 16 | | exceeds the maximum concentration values established for | 17 | | lead, mercury, cadmium, hexavalent chromium, | 18 | | polybrominated biphenyls (PBBs), and polybrominated | 19 | | diphenyl ethers (PBDEEs) under the RoHS (restricting the | 20 | | use of certain hazardous substances in electrical and | 21 | | electronic equipment) Directive 2002/95/EC of the European | 22 | | Parliament and Council and any amendments thereto and, if | 23 | | so, an identification of that computer, computer monitor, | 24 | | printer, or television ; or (B) the manufacturer has | 25 | | received an exemption from one or more of those maximum | 26 | | concentration values under the RoHS Directive that has been |
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| 1 | | approved and published by the European Commission . | 2 | | If, during the program year, a manufacturer's computer, | 3 | | computer monitor, printer, or television is sold or offered for | 4 | | sale in Illinois under a new brand that is not listed in the | 5 | | manufacturer's registration, then, within 30 days after the | 6 | | first sale or offer for sale under the new brand, the | 7 | | manufacturer must amend its registration to add the new brand. | 8 | | (b) Prior to July 1, 2009 for the first program year, and | 9 | | by the November 1 preceding program years 2011 and later, all | 10 | | manufacturers whose computers, computer monitors, printers, or | 11 | | televisions are offered for sale sold in the State shall submit | 12 | | to the Agency, at an address prescribed by the Agency, the | 13 | | registration fee for the next program year. The registration | 14 | | fee for program years year 2010 and 2011 is $5,000. In program | 15 | | year 2012, if, during the preceding program year, a | 16 | | manufacturer sold 250 or fewer computers, computer monitors, | 17 | | printers, or televisions in the State, then the registration | 18 | | fee for that manufacturer is $1,250. In each program year after | 19 | | 2012, if, in the preceding program year, a manufacturer sold | 20 | | 250 or fewer computers, computer monitors, printers, or | 21 | | televisions in the State, then the registration fee for that | 22 | | manufacturer in that year is the fee that applied in the | 23 | | previous year to manufacturers that sold that number of items, | 24 | | increased by the applicable inflation factor as described | 25 | | below. In program year 2012, if, during the preceding program | 26 | | year, a manufacturer sold 251 or more computers, computer |
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| 1 | | monitors, printers, or televisions in the State, then the | 2 | | registration fee for that manufacturer in that year is $5,000. | 3 | | In each program year after 2012, if, in the preceding program | 4 | | year, a manufacturer sold 251 or more computers, computer | 5 | | monitors, printers, or televisions in the State, then the | 6 | | registration fee for that manufacturer in that year is the fee | 7 | | that applied in the previous year to manufacturers that sold | 8 | | that number of items, increased by the applicable inflation | 9 | | factor as described below. For program years 2013 2011 and | 10 | | later, the applicable registration fee is increased each year | 11 | | by an inflation factor determined by the annual Implicit Price | 12 | | Deflator for Gross National Product, as published by the U.S. | 13 | | Department of Commerce in its Survey of Current Business. The | 14 | | inflation factor must be calculated each year by dividing the | 15 | | latest published annual Implicit Price Deflator for Gross | 16 | | National Product by the annual Implicit Price Deflator for | 17 | | Gross National Product for the previous year. The inflation | 18 | | factor must be rounded to the nearest 1/100th, and the | 19 | | resulting registration fee must be rounded to the nearest whole | 20 | | dollar. No later than October 1 of each program year, the | 21 | | Agency shall post on its website the registration fee for the | 22 | | next program year. | 23 | | (c) A manufacturer whose computers, computer monitors, | 24 | | printers, or televisions are first sold or offered for sale in | 25 | | this State on or after January 1 of a program year must | 26 | | register with the Agency within 30 days after the first sale or |
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| 1 | | offer for sale in accordance with subsection (a) of this | 2 | | Section and submit the registration fee required under | 3 | | subsection (b) of this Section prior to the manufacturer's | 4 | | computers, computer monitors, printers, or televisions being | 5 | | sold or offered for sale. | 6 | | (d) Each manufacturer shall recycle or process for reuse | 7 | | CEDs and EEDs whose total weight equals or exceeds the | 8 | | manufacturer's individual recycling and reuse goal set forth in | 9 | | Section 19 of this Act. Individual consumers shall may not be | 10 | | charged a an end-of-life fee when bringing their CEDs and EEDs | 11 | | to permanent or temporary collection locations, unless a | 12 | | financial incentive of equal or greater value, such as a | 13 | | coupon, is provided. Collectors may charge a fee for premium | 14 | | services such as curbside collection, home pick-up, or a | 15 | | similar method of collection. | 16 | | When determining whether a manufacturer has met or exceeded | 17 | | its individual recycling and reuse goal set forth in Section 19 | 18 | | of this Act, all of the following adjustments must be made: | 19 | | (1) The total weight of CEDs processed for reuse by the | 20 | | manufacturer, its recyclers, or its refurbishers for reuse | 21 | | is doubled. | 22 | | (2) The total weight of CEDs is tripled if they are | 23 | | donated for reuse by the manufacturer to a primary or | 24 | | secondary public education institution the majority of | 25 | | whose students are considered low income or | 26 | | developmentally disabled, or to a not-for-profit entity |
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| 1 | | that is established under Section 501(c)(3) of the Internal | 2 | | Revenue Code of 1986 and whose principal mission is to | 3 | | assist low-income children or families , or to assist the | 4 | | developmentally disabled in Illinois. This subsection | 5 | | applies only to CEDs for which the manufacturer has | 6 | | received a written confirmation that the recipient has | 7 | | accepted the donation. Copies of all written confirmations | 8 | | must be submitted in the annual report required under | 9 | | Section 30. | 10 | | (3) The total weight of CEDs collected by manufacturers | 11 | | free of charge in underserved counties is doubled. This | 12 | | subsection applies only to CEDs that are documented by | 13 | | collectors as being collected or received free of charge in | 14 | | underserved counties. This documentation must include, | 15 | | without limitation, the date and location of collection or | 16 | | receipt, the weight of the CEDs collected or received, and | 17 | | an acknowledgement by the collector that the CEDs were | 18 | | collected or received free of charge. Copies of the | 19 | | documentation must be submitted in the annual report | 20 | | required under subsection (h), (i), (j), (k), or (l) of | 21 | | Section 30. | 22 | | (4) If an entity (i) collects, recycles, or refurbishes | 23 | | CEDs for a manufacturer, (ii) qualifies for non-profit | 24 | | status under Section 501(c)(3) of the Internal Revenue Code | 25 | | of 1986, and (iii) at least 75% of its employees are | 26 | | developmentally disabled, then the total weight of CEDs |
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| 1 | | will be tripled. A manufacturer that uses such a recycler | 2 | | or refurbisher shall submit documentation in the annual | 3 | | report required under Section 30 identifying the name, | 4 | | location, and length of service of the entity that | 5 | | qualifies for credit under this subsection. | 6 | | (e) Manufacturers of computers, computer monitors, or | 7 | | printers, either individually or collectively, shall hire an | 8 | | independent third-party auditor to perform statistically | 9 | | significant return share samples of CEDs received by recyclers | 10 | | and refurbishers for recycling or processing for reuse. Each | 11 | | third-party auditor shall perform a return share sample of CEDs | 12 | | for at least one 8-hour period, once a quarter during the | 13 | | program year at the facility of each registered recycler and | 14 | | refurbisher under contract with the manufacturer or group of | 15 | | manufacturers that has hired the auditor. The audit shall | 16 | | contain the following data: | 17 | | (1) the number and weight of CEDs, sorted by brand name | 18 | | and product type, including a category for orphan CEDs; | 19 | | (2) the total weight of the sample by product type; | 20 | | (3) the date, location, and time of the sampling; | 21 | | (4) the name or names of the manufacturer for whom the | 22 | | recycler is performing activities under this Act; and | 23 | | (5) a certification by the third-party auditor that the | 24 | | sampling is statistically significant and, if not, an | 25 | | explanation as to what occurred to render the sampling | 26 | | insignificant. |
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| 1 | | The manufacturer shall notify the Agency 30 days prior to | 2 | | the third-party auditor's return share sampling by providing | 3 | | the Agency with the time and date on which the third-party | 4 | | auditor will perform the return share sample. The Agency may, | 5 | | at its discretion, be present at any sampling event and may | 6 | | audit the methodology and the results of the third-party | 7 | | auditor. | 8 | | No less than 30 days after the close of each calendar | 9 | | quarter, the manufacturer shall submit to the Agency the | 10 | | results of the third-party samplings conducted during the | 11 | | quarter. The results shall be submitted in the form and manner | 12 | | required by the Agency. | 13 | | (f) Manufacturers shall ensure that only recyclers and | 14 | | refurbishers that have registered with the Agency are used to | 15 | | meet the individual recycling and reuse goals set forth in this | 16 | | Act. | 17 | | (g) Manufacturers shall ensure that the recyclers and | 18 | | refurbishers used to meet the individual recycling and reuse | 19 | | goals set forth in this Act shall, at a minimum, comply with | 20 | | the standards set forth under subsection (d) of Section 50 of | 21 | | this Act. By November 1, 2011 and every November 1 thereafter, | 22 | | manufacturers shall submit a document, as prescribed by the | 23 | | Agency, listing each registered recycler and refurbisher that | 24 | | will be used to meet the manufacturer's annual CED recycling | 25 | | and reuse goal and certifying that those recyclers or | 26 | | refurbishers comply with the standards set forth in subsection |
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| 1 | | (d) of Section 50. | 2 | | (h) By August 15, 2009, television manufacturers shall | 3 | | submit to the Agency, in the form and manner required by the | 4 | | Agency, a report that contains the total weight of televisions | 5 | | sold under each of the manufacturer's brands to individuals at | 6 | | retail in this State , as set forth in the reports to | 7 | | manufacturers by retailers under subsection (c) of Section 40. | 8 | | (i) No later than September 1, 2010, television | 9 | | manufacturers must submit to the Agency, in the form and manner | 10 | | required by the Agency, a report for the period January 1, 2010 | 11 | | through June 30, 2010 that contains both of the following: | 12 | | (1) The total weight of televisions sold under each of | 13 | | the manufacturer's brands to individuals at retail in this | 14 | | State, from one of the following 2 sources, with the | 15 | | manufacturer indicating in the report which of the 2 data | 16 | | sources was used, and, if a national sales data report was | 17 | | used, the name of the national sales data source: | 18 | | (A) the manufacturer's own sales reports; or | 19 | | (B) national sales data reports obtained by the | 20 | | manufacturer and pro-rated to Illinois by multiplying | 21 | | the weight of the manufacturer's televisions sold | 22 | | nationally by the quotient that results from dividing | 23 | | the population of Illinois by the population of the | 24 | | United States. The population of Illinois and the | 25 | | United States shall be obtained using the most recent | 26 | | U.S. census data. |
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| 1 | | (2) The total weight of computers, the total weight of | 2 | | computer monitors, the total weight of printers, the total | 3 | | weight of televisions, and the total weight of EEDs | 4 | | recycled or processed for reuse. | 5 | | (j) By August 15, 2010, computer, computer monitor, and | 6 | | printer manufacturers shall submit to the Agency, on forms and | 7 | | in a format prescribed by the Agency, a report for the period | 8 | | January 1, 2010 through June 30, 2010 that contains the total | 9 | | weight of computers, the total weight of computer monitors, the | 10 | | total weight of printers, the total weight of televisions, and | 11 | | the total weight of EEDs, recycled or processed for reuse. | 12 | | (k) No later than April 1 of program years 2011 and | 13 | | thereafter, television manufacturers shall submit to the | 14 | | Agency, in the form and manner required by the Agency, a report | 15 | | that contains all of the following information for the previous | 16 | | program year: | 17 | | (1) The total weight of televisions sold under each of | 18 | | the manufacturer's brands to individuals at retail in this | 19 | | State, from one of the following 2 sources, with the | 20 | | manufacturer indicating in the report which of the two data | 21 | | sources was used, and, if a national sales data report was | 22 | | used, the name of the national sales data source: | 23 | | (a) the manufacturer's own sales reports; or | 24 | | (b) national sales data reports obtained by the | 25 | | manufacturer and pro-rated to Illinois by multiplying | 26 | | the weight of the manufacturer's televisions sold |
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| 1 | | nationally by the quotient that results from dividing | 2 | | the population of Illinois by the population of the | 3 | | United States. The population of Illinois and the | 4 | | United States shall be obtained using the most recent | 5 | | U.S. census data. | 6 | | (2) The total weight of computers, the total weight of | 7 | | computer monitors, the total weight of printers, the total | 8 | | weight of televisions, and the total weight of EEDs | 9 | | recycled or processed for reuse. | 10 | | (3) The identification of all weights that are adjusted | 11 | | under subsection (d) of this Section. For all weights | 12 | | adjusted under item (2) of subsection (d), the manufacturer | 13 | | must include copies of the written confirmation required | 14 | | under that subsection. | 15 | | (4) A list of each recycler, refurbisher, and collector | 16 | | used by the manufacturer to fulfill the manufacturer's | 17 | | individual recycling and reuse goal set forth in Section 19 | 18 | | of this Act. | 19 | | (5) A summary of the manufacturer's consumer education | 20 | | program required under subsection (m) of this Section. | 21 | | (l) On or before January 31, 2013 and on or before every | 22 | | January 31 No later than April 1 of program years 2011 and | 23 | | thereafter, CED computer, computer monitor, and printer | 24 | | manufacturers shall submit to the Agency, on forms and in a | 25 | | format prescribed by the Agency, a report that contains all of | 26 | | the following information for the previous program year: |
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| 1 | | (1) The the total weight of computers, the total weight | 2 | | of computer monitors, the total weight of printers, the | 3 | | total weight of televisions, and the total weight of EEDs | 4 | | recycled or processed for reuse . ; | 5 | | (2) The the identification of all weights that are | 6 | | adjusted under subsection (d) of this Section. For all | 7 | | weights adjusted under item (2) of subsection (d), the | 8 | | manufacturer must include copies of the written | 9 | | confirmation required under that subsection . ; | 10 | | (3) A a list of each recycler, refurbisher, and | 11 | | collector used by the manufacturer to fulfill the | 12 | | manufacturer's individual recycling and reuse goal set | 13 | | forth in subsection (c) of Section 15 of this Act . ; and | 14 | | (4) A a summary of the manufacturer's consumer | 15 | | education program required under subsection (m) of this | 16 | | Section. | 17 | | (m) Manufacturers must develop and maintain a consumer | 18 | | education program that complements and corresponds to the | 19 | | primary retailer-driven campaign required under Section 40 of | 20 | | this Act. The education program shall promote the recycling of | 21 | | electronic products and proper end-of-life management of the | 22 | | products by consumers. | 23 | | (n) Beginning January 1 2010, no manufacturer may sell a | 24 | | computer, computer monitor, printer, or television in this | 25 | | State unless the manufacturer is registered with the State as | 26 | | required under this Act, has paid the required registration |
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| 1 | | fee, and is otherwise in compliance with the provisions of this | 2 | | Act. | 3 | | (o) Beginning January 1, 2010, no manufacturer may sell a | 4 | | computer, computer monitor, printer, or television in this | 5 | | State unless the manufacturer's brand name is permanently | 6 | | affixed to, and is readily visible on, the computer, computer | 7 | | monitor, printer, or television. | 8 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | 9 | | (415 ILCS 150/50)
| 10 | | Sec. 50. Recycler and refurbisher registration. | 11 | | (a) Prior to January 1 of each program year, each recycler | 12 | | and refurbisher must register with the Agency and submit a | 13 | | registration fee pursuant to subsection (b) for that program | 14 | | year. Registration must be on forms and in a format prescribed | 15 | | by the Agency and shall include, but not be limited to, the | 16 | | address of each location where the recycler or refurbisher | 17 | | manages CEDs or EEDs and identification of each location at | 18 | | which the recycler or refurbisher accepts CEDs or EEDs from a | 19 | | residence. | 20 | | (b) The registration fee for program year 2010 is $2,000. | 21 | | For program year 2011, if a recycler's or refurbisher's annual | 22 | | combined total weight of CEDs and EEDs is less than 1,000 tons | 23 | | per year, the registration fee shall be $500. For program year | 24 | | 2012 and for all subsequent program years, both registration | 25 | | fees shall be increased each year by an inflation factor |
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| 1 | | determined by the annual Implicit Price Deflator for Gross | 2 | | National Product as published by the U.S. Department of | 3 | | Commerce in its Survey of Current Business. The inflation | 4 | | factor must be calculated each year by dividing the latest | 5 | | published annual Implicit Price Deflator for Gross National | 6 | | Product by the annual Implicit Price Deflator for Gross | 7 | | National Product for the previous year. The inflation factor | 8 | | must be rounded to the nearest 1/100th, and the resulting | 9 | | registration fee must be rounded to the nearest whole dollar. | 10 | | No later than October 1 of each program year, the Agency shall | 11 | | post on its website the registration fee for the next program | 12 | | year. | 13 | | (c) No person may act as a recycler or a refurbisher of | 14 | | CEDs for a manufacturer obligated to meet goals under this Act | 15 | | unless the recycler or refurbisher is registered and has paid | 16 | | the registration fee as required under this Section. All | 17 | | registered recyclers and refurbishers must accept any CED or | 18 | | EED. Registered recyclers and refurbishers are prohibited from | 19 | | charging individual consumers a fee to recycle or refurbish | 20 | | CEDs and EEDs, unless (i) a financial incentive of greater or | 21 | | equal value, such as a coupon, is provided to the consumer or | 22 | | (ii) the recycler or refurbisher provides premium service, such | 23 | | as curbside collection, home pick-up, or a similar method of | 24 | | collection. | 25 | | (d) Recyclers and refurbishers must, at a minimum, comply | 26 | | with all of the following: |
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| 1 | | (1) Recyclers and refurbishers must comply with | 2 | | federal, State, and local laws and regulations, including | 3 | | federal and State minimum wage laws, specifically relevant | 4 | | to the handling, processing, refurbishing and recycling of | 5 | | residential CEDs and must have proper authorization by all | 6 | | appropriate governing authorities to perform the handling, | 7 | | processing, refurbishment, and recycling. | 8 | | (2) Recyclers and refurbishers must implement the | 9 | | appropriate measures to safeguard occupational and | 10 | | environmental health and safety, through the following: | 11 | | (A) environmental health and safety training of | 12 | | personnel, including training with regard to material | 13 | | and equipment handling, worker exposure, controlling | 14 | | releases, and safety and emergency procedures; | 15 | | (B) an up-to-date, written plan for the | 16 | | identification and management of hazardous materials; | 17 | | and | 18 | | (C) an up-to-date, written plan for reporting and | 19 | | responding to exceptional pollutant releases, | 20 | | including emergencies such as accidents, spills, | 21 | | fires, and explosions. | 22 | | (3) Recyclers and refurbishers must maintain (i) | 23 | | commercial general liability insurance or the equivalent | 24 | | corporate guarantee for accidents and other emergencies | 25 | | with limits of not less than $1,000,000 per occurrence and | 26 | | $1,000,000 aggregate and (ii) pollution legal liability |
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| 1 | | insurance with limits not less than $1,000,000 per | 2 | | occurrence for companies engaged solely in the dismantling | 3 | | activities and $5,000,000 per occurrence for companies | 4 | | engaged in recycling. | 5 | | (4) Recyclers and refurbishers must maintain on file | 6 | | documentation that demonstrates the completion of an | 7 | | environmental health and safety audit completed and | 8 | | certified by a competent internal and external auditor | 9 | | annually. A competent auditor is an individual who, through | 10 | | professional training or work experience, is appropriately | 11 | | qualified to evaluate the environmental health and safety | 12 | | conditions, practices, and procedures of the facility. | 13 | | Documentation of auditors' qualifications must be | 14 | | available for inspection by Agency officials and | 15 | | third-party auditors. | 16 | | (5) Recyclers and refurbishers must maintain on file | 17 | | proof of workers' compensation and employers' liability | 18 | | insurance. | 19 | | (6) Recyclers and refurbishers must provide adequate | 20 | | assurance (such as bonds or corporate guarantee) to cover | 21 | | environmental and other costs of the closure of the | 22 | | recycler or refurbisher's facility, including cleanup of | 23 | | stockpiled equipment and materials. | 24 | | (7) Recyclers and refurbishers must apply due | 25 | | diligence principles to the selection of facilities to | 26 | | which components and materials (such as plastics, metals, |
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| 1 | | and circuit boards) from CEDs and EEDs are sent for reuse | 2 | | and recycling. | 3 | | (8) Recyclers and refurbishers must establish a | 4 | | documented environmental management system that is | 5 | | appropriate in level of detail and documentation to the | 6 | | scale and function of the facility, including documented | 7 | | regular self-audits or inspections of the recycler or | 8 | | refurbisher's environmental compliance at the facility. | 9 | | (9) Recyclers and refurbishers must use the | 10 | | appropriate equipment for the proper processing of | 11 | | incoming materials as well as controlling environmental | 12 | | releases to the environment. The dismantling operations | 13 | | and storage of CED and EED components that contain | 14 | | hazardous substances must be conducted indoors and over | 15 | | impervious floors. Storage areas must be adequate to hold | 16 | | all processed and unprocessed inventory. When heat is used | 17 | | to soften solder and when CED and EED components are | 18 | | shredded, operations must be designed to control indoor and | 19 | | outdoor hazardous air emissions. | 20 | | (10) Recyclers and refurbishers must establish a | 21 | | system for identifying and properly managing components | 22 | | (such as circuit boards, batteries, CRTs, and mercury | 23 | | phosphor lamps) that are removed from CEDs and EEDs during | 24 | | disassembly. Recyclers and refurbishers must properly | 25 | | manage all hazardous and other components requiring | 26 | | special handling from CEDs and EEDs consistent with |
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| 1 | | federal, State, and local laws and regulations. Recyclers | 2 | | and refurbishers must provide visible tracking (such as | 3 | | hazardous waste manifests or bills of lading) of hazardous | 4 | | components and materials from the facility to the | 5 | | destination facilities and documentation (such as | 6 | | contracts) stating how the destination facility processes | 7 | | the materials received. No recycler or refurbisher may | 8 | | send, either directly or through intermediaries, hazardous | 9 | | wastes to solid waste (non-hazardous waste) landfills or to | 10 | | non-hazardous waste incinerators for disposal or energy | 11 | | recovery. For the purpose of these guidelines, smelting of | 12 | | hazardous wastes to recover metals for reuse in conformance | 13 | | with all applicable laws and regulations is not considered | 14 | | disposal or energy recovery. | 15 | | (11) Recyclers and refurbishers must use a regularly | 16 | | implemented and documented monitoring and record-keeping | 17 | | program that tracks inbound CED and EED material weights | 18 | | (total) and subsequent outbound weights (total to each | 19 | | destination), injury and illness rates, and compliance | 20 | | with applicable permit parameters including monitoring of | 21 | | effluents and emissions. Recyclers and refurbishers must | 22 | | maintain contracts or other documents, such as sales | 23 | | receipts, suitable to demonstrate: (i) the reasonable | 24 | | expectation that there is a downstream market or uses for | 25 | | designated electronics (which may include recycling or | 26 | | reclamation processes such as smelting to recover metals |
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| 1 | | for reuse); and (ii) that any residuals from recycling or | 2 | | reclamation processes, or both, are properly handled and | 3 | | managed to maximize reuse and recycling of materials to the | 4 | | extent practical. | 5 | | (12) Recyclers and refurbishers must comply with | 6 | | federal and international law and agreements regarding the | 7 | | export of used products or materials. In the case of | 8 | | exports of CEDs and EEDs, recyclers and refurbishers must | 9 | | comply with applicable requirements of the U.S. and of the | 10 | | import and transit countries and must maintain proper | 11 | | business records documenting its compliance. No recycler | 12 | | or refurbisher may establish or use intermediaries for the | 13 | | purpose of circumventing these U.S. import and transit | 14 | | country requirements. | 15 | | (13) Recyclers and refurbishers that conduct | 16 | | transactions involving the transboundary shipment of used | 17 | | CEDs and EEDs shall use contracts (or the equivalent | 18 | | commercial arrangements) made in advance that detail the | 19 | | quantity and nature of the materials to be shipped. For the | 20 | | export of materials to a foreign country (directly or | 21 | | indirectly through downstream market contractors): (i) the | 22 | | shipment of intact televisions and computer monitors | 23 | | destined for reuse must include only whole products that | 24 | | are tested and certified as being in working order or | 25 | | requiring only minor repair (e.g. not requiring the | 26 | | replacement of circuit boards or CRTs), must be destined |
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| 1 | | for reuse with respect to the original purpose, and the | 2 | | recipient must have verified a market for the sale or | 3 | | donation of such product for reuse; (ii) the shipments of | 4 | | CEDs and EEDs for material recovery must be prepared in a | 5 | | manner for recycling, including, without limitation, | 6 | | smelting where metals will be recovered, plastics recovery | 7 | | and glass-to-glass recycling; or (iii) the shipment of CEDs | 8 | | and EEDs are being exported to companies or facilities that | 9 | | are owned or controlled by the original equipment | 10 | | manufacturer. | 11 | | (14) Recyclers and refurbishers must maintain the | 12 | | following export records for each shipment on file for a | 13 | | minimum of 3 years: (i) the facility name and the address | 14 | | to which shipment is exported; (ii) the shipment contents | 15 | | and volumes; (iii) the intended use of contents by the | 16 | | destination facility; (iv) any specification required by | 17 | | the destination facility in relation to shipment contents; | 18 | | (v) an assurance that all shipments for export, as | 19 | | applicable to the CED manufacturer, are legal and satisfy | 20 | | all applicable laws of the destination country. | 21 | | (15) Recyclers and refurbishers must employ | 22 | | industry-accepted procedures for the destruction or | 23 | | sanitization of data on hard drives and other data storage | 24 | | devices. Acceptable guidelines for the destruction or | 25 | | sanitization of data are contained in the National | 26 | | Institute of Standards and Technology's Guidelines for |
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| 1 | | Media Sanitation or those guidelines certified by the | 2 | | National Association for Information Destruction; | 3 | | (16) No recycler or refurbisher may employ prison labor | 4 | | in any operation related to the collection, | 5 | | transportation, recycling, and refurbishment of CEDs and | 6 | | EEDs. No recycler or refurbisher may employ any third party | 7 | | that uses or subcontracts for the use of prison labor.
| 8 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | 9 | | (415 ILCS 150/55)
| 10 | | Sec. 55. Collector responsibilities. | 11 | | (a) No later than January 1 of each program year, | 12 | | collectors that collect or receive CEDs or EEDs for one or more | 13 | | manufacturers, recyclers, or refurbishers shall register with | 14 | | the Agency. Registration must be in the form and manner | 15 | | required by the Agency and must include, without limitation, | 16 | | the address of each location where CEDs or EEDs are received | 17 | | and the identification of each location at which the collector | 18 | | accepts CEDs or EEDs from a residence. | 19 | | (b) Manufacturers, recyclers, refurbishers also acting as | 20 | | collectors shall so indicate on their registration under | 21 | | Section 30 or 50 and not register separately as collectors. | 22 | | (c) No later than August 15, 2010, collectors must submit | 23 | | to the Agency, on forms and in a format prescribed by the | 24 | | Agency, a report for the period from January 1, 2010 through | 25 | | June 30, 2010 that contains the following information: the |
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| 1 | | total weight of computers, the total weight of computer | 2 | | monitors, the total weight of printers, the total weight of | 3 | | televisions, and the total weight of EEDs collected or received | 4 | | for each manufacturer. | 5 | | (d) By January 31 No later than May 1 of each program year, | 6 | | collectors must submit to the Agency, on forms and in a format | 7 | | prescribed by the Agency, a report that contains the following | 8 | | information for the previous program year: | 9 | | (1) The the total weight of individual CEDS computers, | 10 | | the total weight of computer monitors, the total weight of | 11 | | printers, the total weight of televisions, and the total | 12 | | weight of EEDs collected or received for each manufacturer | 13 | | during the previous program year. | 14 | | (2) A a list of each recycler and refurbisher that | 15 | | received CEDs and EEDs from the collector and the total | 16 | | weight each recycler and refurbisher received. | 17 | | (3) The the address of each collector's facility where | 18 | | the CEDs and EEDs were collected or received. Each facility | 19 | | address must include the county in which the facility is | 20 | | located. | 21 | | (e) Collectors may accept no more than 10 CEDs or EEDs at | 22 | | one time from individual members of the public and, when | 23 | | scheduling collection events, shall provide no fewer than 30 | 24 | | days' notice to the county waste agency of those events.
| 25 | | (f) No collector of CEDs and EEDs may recycle, refurbish, | 26 | | for reuse, or resell CEDs or EEDs to a third-party unless the |
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| 1 | | collector registers as a recycler or refurbisher pursuant to | 2 | | Section 50 and pays the registration fee pursuant to Section | 3 | | 50. | 4 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | 5 | | (415 ILCS 150/60)
| 6 | | Sec. 60. Collection strategy for underserved counties. | 7 | | (a) For program years year 2010 and 2011 , all counties in | 8 | | this State except the following are considered underserved: | 9 | | Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock, | 10 | | Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston, | 11 | | Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock | 12 | | Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren, | 13 | | Will, Williamson, and Winnebago. | 14 | | (b) For program year 2012 and each program year thereafter, | 15 | | "underserved counties" means those counties within the State of | 16 | | Illinois with a population density of not more than than 190 | 17 | | persons per square mile, based on the most recent U.S. Census | 18 | | data. For program years 2011 and later, underserved counties | 19 | | shall be counties in this State that, during the program year 2 | 20 | | years prior, were not served by a minimum of one collection | 21 | | site that (i) accepted all types of CEDs and EEDs and (ii) was | 22 | | open for a minimum of 8 hours on at least one day per month of | 23 | | that program year. For the purposes of this subsection (b), | 24 | | 2009 shall be considered to have been a program year, and for | 25 | | the program year 2012 the determination of whether a county is |
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| 1 | | underserved shall be based on the criteria of this subsection | 2 | | (b) instead of the county's inclusion in the list set forth in | 3 | | subsection (a) of this Section.
| 4 | | (Source: P.A. 95-959, eff. 9-17-08.) | 5 | | (415 ILCS 150/65)
| 6 | | Sec. 65. State government procurement. | 7 | | (a) The Department of Central Management Services shall | 8 | | ensure that all bid specifications and contracts for the | 9 | | purchase or lease of desktop computers, laptop or notebook | 10 | | computers, and computer monitors, by State agencies under a | 11 | | statewide master contract require that the electronic products | 12 | | have a Bronze performance tier or higher registration under the | 13 | | Electronic Product Environmental Assessment Tool ("EPEAT") | 14 | | operated by the Green Electronics Council. | 15 | | (b) The Department of Central Management Services shall | 16 | | ensure that bid specifications and contracts for the purchase | 17 | | or lease of televisions and printers by State agencies under a | 18 | | statewide master contract require that the printers or | 19 | | televisions have a Bronze performance tier or higher | 20 | | registration under EPEAT if the Department determines that | 21 | | there are an adequate number of the televisions or printers | 22 | | registered under EPEAT to provide a sufficiently competitive | 23 | | bidding environment. | 24 | | (c) This Section applies to bid specifications issued, and | 25 | | contracts entered into, on or after January 1, 2010.
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| 1 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | 2 | | (415 ILCS 150/80)
| 3 | | Sec. 80. Penalties. | 4 | | (a) Except as otherwise provided in this Act, any person | 5 | | who violates any provision of this Act or fails to perform any | 6 | | duty under this Act is liable for a civil penalty not to exceed | 7 | | $15,000 $1,000 for the violation and an additional civil | 8 | | penalty not to exceed $5,000 $1,000 for each day the violation | 9 | | continues and is liable for a civil penalty not to exceed | 10 | | $5,000 for a second or subsequent violation and an additional | 11 | | civil penalty not to exceed $1,000 for each day the second or | 12 | | subsequent violation continues . | 13 | | (b) A manufacturer that is not registered with the Agency | 14 | | as required under this Act, or that has not paid the | 15 | | registration fee as required under this Act, is liable for a | 16 | | civil penalty not to exceed $10,000 for the violation and an | 17 | | additional civil penalty not to exceed $10,000 for each day the | 18 | | violation continues. | 19 | | (c) A manufacturer in violation of subsection (d) of | 20 | | Section 30 of this Act in program year 2012 or thereafter is | 21 | | liable for a civil penalty equal to the following: | 22 | | (1) In program year 2012, if the total weight of CEDs | 23 | | and EEDs recycled or processed for reuse by the | 24 | | manufacturer is less than 60% of the manufacturer's | 25 | | individual recycling or reuse goal set forth in Section 19 |
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| 1 | | of this Act, the manufacturer shall pay a penalty equal to | 2 | | the product of: (i) $0.70 per pound; multiplied by (ii) the | 3 | | difference between the manufacturer's individual recycling | 4 | | or reuse goal and the total weight of CEDs and EEDs | 5 | | recycled or processed for reuse by the manufacturer during | 6 | | the program year. | 7 | | (2) In program year 2013, and each year thereafter, if | 8 | | the total weight of CEDs and EEDs recycled or processed for | 9 | | reuse by the manufacturer less than 75% of the | 10 | | manufacturer's individual recycling or reuse goal set | 11 | | forth in Section 19 of this Act, the manufacturer shall pay | 12 | | a penalty equal to the product of: (i) $0.70 per pound; | 13 | | multiplied by (ii) the difference between the | 14 | | manufacturer's individual recycling or reuse goal and the | 15 | | total weight of CEDs and EEDs recycled or processed for | 16 | | reuse by the manufacturer during the program year. | 17 | | (d) Beginning January 1, 2010, a manufacturer in violation | 18 | | of subsection (e), (h), (i), (j), (k), or (l) , or (m) of | 19 | | Section 30 is liable for a civil penalty not to exceed $5,000 | 20 | | for the violation. | 21 | | (e) Any person in violation of Section 50 of this Act is | 22 | | liable for a civil penalty not to exceed $5,000 for the | 23 | | violation. | 24 | | (f) A knowing violation of subsections (a) and (c) of | 25 | | Section 95 of this Act is a petty offense punishable by a fine | 26 | | of $1,500; however, a knowing violation of subsections (a) and |
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| 1 | | (c) of Section 95 of this Act is a petty offense punishable by | 2 | | a fine of $100. | 3 | | (g) The penalties provided for in this Act may be recovered | 4 | | in a civil action brought by the Attorney General in the name | 5 | | of the People of the State of Illinois. Any moneys collected | 6 | | under this Section in which the Attorney General has prevailed | 7 | | may be deposited into the Electronic Recycling Fund, | 8 | | established under this Act. | 9 | | (h) The Attorney General, at the request of the Agency or | 10 | | on his or her own motion, may institute a civil action for an | 11 | | injunction, prohibitory or mandatory, to restrain violations | 12 | | of this Act or to require such actions as may be necessary to | 13 | | address violations of this Act. | 14 | | (i) The penalties and injunctions provided in this Act are | 15 | | in addition to any penalties, injunctions, or other relief | 16 | | provided under any other law. Nothing in this Act bars a cause | 17 | | of action by the State for any other penalty, injunction, or | 18 | | relief provided by any other law.
| 19 | | (Source: P.A. 95-959, eff. 9-17-08.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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