Full Text of SB1213 97th General Assembly
SB1213 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1213 Introduced 2/8/2011, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/3.284 | | 415 ILCS 5/22.23b | | 415 ILCS 5/22.23d new | | 415 ILCS 97/15 | | 410 ILCS 46/27 | |
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Amends the Environmental Protection Act. Redefines "mercury switch" to include a mercury-containing product or device that makes, breaks, or changes a connection in an electrical circuit. Provides that, beginning in 2015, dental amalgam may not be added, removed, or modified in the course of treating patients at a dental office unless the dental office has an amalgam separator system installed that removes dental amalgam from the dental office's wastewater before it is discharged into a sewer or septic system and unless other related requirements are met. Requires dental schools and vocational dental education programs to instruct students on the use of certain practices to minimize the presence of elemental mercury, unused amalgam, and waste amalgam in discharged wastewater and solid waste. Amends the Mercury Switch Removal Act. Requires vehicle recyclers, vehicle crushers, and scrap metal recyclers to remove all mercury switches from each end-of-life vehicle within a specified time. Amends the Mercury-Added Product Prohibition Act. Prohibits, except under certain circumstances, mercury-containing pressure transducers from being sold, offered for sale, or distributed in the State. Also makes technical changes. Effective immediately.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Sections 3.284 and 22.23b and by adding Section 22.23d | 6 | | as follows: | 7 | | (415 ILCS 5/3.284)
| 8 | | Sec. 3.284. Mercury switch. "Mercury switch" means a | 9 | | product or device, containing mercury added during its | 10 | | manufacture, that opens or closes an electrical circuit or gas | 11 | | valve, or makes, breaks, or changes the connection in an | 12 | | electrical circuit, including, but not limited to, mercury | 13 | | float switches actuated by rising or falling liquid levels, | 14 | | mercury tilt switches actuated by a change in the switch | 15 | | position, mercury pressure switches actuated by a change in | 16 | | pressure, mercury temperature switches actuated by a change in | 17 | | temperature, and mercury flame sensors.
| 18 | | (Source: P.A. 93-964, eff. 8-20-04.) | 19 | | (415 ILCS 5/22.23b)
| 20 | | Sec. 22.23b. Mercury and mercury-added products. | 21 | | (a) Beginning July 1, 2005, no person shall purchase or | 22 | | accept, for use in a primary or secondary school classroom, |
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| 1 | | bulk elemental mercury, chemicals containing mercury | 2 | | compounds, or instructional equipment or materials containing | 3 | | mercury added during their manufacture. This subsection (a) | 4 | | does not apply to: (i) other products containing mercury added | 5 | | during their manufacture that are used in schools and (ii) | 6 | | measuring devices used as teaching aids, including, but not | 7 | | limited to, barometers, manometers, and thermometers, if no | 8 | | adequate mercury-free substitute exists. | 9 | | (b) Beginning July 1, 2007, no person shall sell, offer to | 10 | | sell, distribute, or offer to distribute in this State a | 11 | | mercury switch or mercury relay individually or as a product | 12 | | component. For a product that contains one or more mercury | 13 | | switches or mercury relays as a component, this subsection (b) | 14 | | is applicable to each component part or parts and not the | 15 | | entire product. This subsection (b) does not apply to the | 16 | | following: | 17 | | (1) Mercury switches and mercury relays used in medical | 18 | | diagnostic equipment regulated under the federal Food, | 19 | | Drug, and Cosmetic Act. | 20 | | (2) Mercury switches and mercury relays used at | 21 | | electric generating facilities. | 22 | | (3) Mercury switches in thermostats used to sense and | 23 | | control room temperature. | 24 | | (4) Mercury switches and mercury relays required to be | 25 | | used under federal law or federal contract specifications. | 26 | | (5) A mercury switch or mercury relay used to replace a |
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| 1 | | mercury switch or mercury relay that is a component in a | 2 | | larger product in use before prior to July 1, 2007, and one | 3 | | of the following applies: | 4 | | (A) The larger product is used in manufacturing; or | 5 | | (B) The mercury switch or mercury relay is | 6 | | integrated and not physically separate from other | 7 | | components of the larger product.
| 8 | | (c) The manufacturer of a mercury switch or mercury relay, | 9 | | or a scientific instrument or piece of instructional equipment | 10 | | containing mercury added during its manufacture, may apply to | 11 | | the Agency for an exemption from the provisions of subsection | 12 | | (a) or (b) of this Section for one or more specific uses of the | 13 | | switch, relay, instrument, or piece of equipment by filing a | 14 | | written petition with the Agency. The Agency may grant an | 15 | | exemption, with or without conditions, if the manufacturer | 16 | | demonstrates the following: | 17 | | (1) A convenient and widely available system exists for | 18 | | the proper collection, transportation, and processing of | 19 | | the switch, relay, instrument, or piece of equipment at the | 20 | | end of its useful life; and | 21 | | (2) The specific use or uses of the switch, relay, | 22 | | instrument, or piece of equipment provides a net benefit to | 23 | | the environment, public health, or public safety when | 24 | | compared to available nonmercury alternatives. | 25 | | Before approving any exemption under this subsection (c) | 26 | | the Agency must consult with other states to promote |
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| 1 | | consistency in the regulation of products containing mercury | 2 | | added during their manufacture. Exemptions shall be granted for | 3 | | a period of 5 years. The manufacturer may request renewals of | 4 | | the exemption for additional 5-year periods by filing | 5 | | additional written petitions with the Agency. The Agency may | 6 | | renew an exemption if the manufacturer demonstrates that the | 7 | | criteria set forth in paragraphs (1) and (2) of this subsection | 8 | | (c) continue to be satisfied. All petitions for an exemption or | 9 | | exemption renewal shall be submitted on forms prescribed by the | 10 | | Agency. | 11 | | The Agency must adopt rules for processing petitions | 12 | | submitted pursuant to this subsection (c). The rules shall | 13 | | include, but shall not be limited to, provisions allowing for | 14 | | the submission of written public comments on the petitions. | 15 | | (d) No later than January 1, 2005, the Agency must submit | 16 | | to the Governor and the General Assembly a report that includes | 17 | | the following: | 18 | | (1) An evaluation of programs to reduce and recycle | 19 | | mercury from mercury thermostats and mercury vehicle | 20 | | components; and | 21 | | (2) Recommendations for altering the programs to make | 22 | | them more effective. | 23 | | In preparing the report the Agency may seek information | 24 | | from and consult with, businesses, trade associations, | 25 | | environmental organizations, and other government agencies. | 26 | | (e) Mercury switches and mercury relays, and scientific |
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| 1 | | instruments and instructional equipment containing mercury | 2 | | added during their manufacture, are hereby designated as | 3 | | categories of universal waste subject to the streamlined | 4 | | hazardous waste rules set forth in Title 35 of the Illinois | 5 | | Administrative Code, Subtitle G, Chapter I, Subchapter c, Part | 6 | | 733 ("Part 733"). Within 60 days of the effective date of this | 7 | | amendatory Act of the 93rd General Assembly, the Agency shall | 8 | | propose, and within 180 days of receipt of the Agency's | 9 | | proposal the Board shall adopt, rules that reflect this | 10 | | designation and that prescribe procedures and standards for the | 11 | | management of such items as universal waste.
| 12 | | If the United States Environmental Protection Agency | 13 | | adopts streamlined hazardous waste regulations pertaining to | 14 | | the management of mercury switches or mercury relays, or | 15 | | scientific instruments or instructional equipment containing | 16 | | mercury added during their manufacture, or otherwise exempts | 17 | | such items from regulation as hazardous waste, the Board shall | 18 | | adopt equivalent rules in accordance with Section 7.2 of this | 19 | | Act within 180 days of adoption of the federal regulations. The | 20 | | equivalent Board rules may serve as an alternative to the rules | 21 | | adopted under subsection (1) of this subsection (e).
| 22 | | (f) Beginning July 1, 2008, no person shall install, sell, | 23 | | offer to sell, distribute, or offer to distribute a mercury | 24 | | thermostat in this State. For purposes of this subsection (f), | 25 | | "mercury thermostat" means a product or device that uses a | 26 | | mercury switch to sense and control room temperature through |
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| 1 | | communication with heating, ventilating, or air conditioning | 2 | | equipment. "Mercury thermostat" includes thermostats used to | 3 | | sense and control room temperature in residential, commercial, | 4 | | industrial, and other buildings, but does not include | 5 | | thermostats used to sense and control temperature as a part of | 6 | | a manufacturing or industrial process.
| 7 | | (Source: P.A. 95-452, eff. 8-27-07.) | 8 | | (415 ILCS 5/22.23d new) | 9 | | Sec. 22.23d. Mercury Dental Amalgam. | 10 | | (a) For purposes of this Section: | 11 | | "Amalgam separator system" means a device that (i) | 12 | | removes dental amalgam from wastewater before its | 13 | | discharge into a sewer or septic system and (ii) meets a | 14 | | minimum removal efficiency of 99% as determined through | 15 | | testing in accordance with the most recent standards | 16 | | contained in "ANSI/ADA Specification Number 108, Amalgam | 17 | | Separators" published by the American National Standards | 18 | | Institution. | 19 | | "Dental amalgam" means an alloy containing mercury | 20 | | that is used in the practice of dentistry. | 21 | | "Dental office" means any dental clinic, dental | 22 | | office, or dental practice, but does not include the | 23 | | practice of oral and maxillofacial surgery. Dental offices | 24 | | include, but are not limited to, hospitals, dental schools, | 25 | | and community health centers. |
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| 1 | | (b) Beginning January 1, 2015, no person shall add, remove, | 2 | | or modify dental amalgam in the course of treating patients at | 3 | | a dental office unless all of the following are met: | 4 | | (1) The dental office must have an amalgam separator | 5 | | system installed that removes dental amalgam from the | 6 | | dental office's wastewater before its discharge into a | 7 | | sewer or septic system. The amalgam separator system must: | 8 | | (A) be tested by a testing laboratory that is | 9 | | accredited by an accreditation body that is a signatory | 10 | | to the International Laboratory Accreditation | 11 | | Cooperation's Mutual Recognition Arrangement and that | 12 | | includes in its scope of accreditation ANSI/ADA | 13 | | Specification Number 108, Amalgam Separators; | 14 | | (B) be certified by a certification body that is | 15 | | accredited by an accreditation body that is a signatory | 16 | | to the International Accreditation Forum's | 17 | | Multilateral Recognition Arrangement; | 18 | | (C) display a certification test mark from the | 19 | | certification body; | 20 | | (D) display the overall arithmetic average removal | 21 | | efficiency percentage as required and determined in | 22 | | the corresponding maximum tested flow rate employed | 23 | | during the test; and | 24 | | (E) be properly sized for the volume and flow of | 25 | | the dental office's wastewater in accordance with the | 26 | | manufacturer's specifications and recommendations. The |
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| 1 | | maximum allowable flow rate through the amalgam | 2 | | separator system may not exceed the maximum flow rate | 3 | | capacity that the separator was tested at and passed in | 4 | | meeting the ANSI/ADA Specification 108. | 5 | | (2) All wastewater containing dental amalgam particles | 6 | | must pass through the amalgam separator system before the | 7 | | wastewater's discharge to a sewer or septic system. | 8 | | (3) All dental amalgam collected by the amalgam | 9 | | separator system must be properly managed and recycled or | 10 | | disposed. | 11 | | (4) The following records must be maintained at the | 12 | | dental office for a minimum of 3 years: | 13 | | (A) the shipping records for all amalgam separator | 14 | | system replacement filters that have been sent | 15 | | off-site for recycling or disposal; and | 16 | | (B) written documentation demonstrating that the | 17 | | amalgam separator system has been properly inspected | 18 | | and maintained. Installation, operation, and | 19 | | maintenance of the amalgam separator system in | 20 | | accordance with the manufacturer's specifications and | 21 | | recommendations shall fulfill the requirements of this | 22 | | subparagraph (B). | 23 | | (c) Best management practices of the American Dental | 24 | | Association must be used in dental offices to minimize the | 25 | | presence of elemental mercury, unused amalgam, and waste | 26 | | amalgam in the dental offices' wastewater discharge and solid |
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| 1 | | waste. | 2 | | (d) Dental schools and vocational dental education | 3 | | programs must instruct students on the use of best management | 4 | | practices of the American Dental Association to minimize the | 5 | | presence of elemental mercury, unused amalgam, and waste | 6 | | amalgam in their wastewater discharge and solid waste. | 7 | | Section 10. The Mercury Switch Removal Act is amended by | 8 | | changing Section 15 as follows: | 9 | | (415 ILCS 97/15) | 10 | | (Section scheduled to be repealed on January 1, 2017)
| 11 | | Sec. 15. Mercury switch collection programs. | 12 | | (a) Within 60 days of the effective date of this Act, | 13 | | manufacturers of vehicles in Illinois that contain mercury | 14 | | switches must begin to implement a mercury switch collection | 15 | | program that facilitates the removal of mercury switches from | 16 | | end-of-life vehicles before prior to the vehicles are being | 17 | | flattened, crushed, shredded, or otherwise processed for | 18 | | recycling and to collect and properly manage mercury switches | 19 | | in accordance with the Environmental Protection Act and | 20 | | regulations adopted thereunder. In order to ensure that the | 21 | | mercury switches are removed and collected in a safe and | 22 | | consistent manner, manufacturers must, to the extent | 23 | | practicable, use the currently available end-of-life vehicle | 24 | | recycling infrastructure. The collection program must be |
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| 1 | | designed to achieve capture rates of not less than (i) 35% for | 2 | | the period of July 1, 2006, through June 30, 2007; (ii) 50% for | 3 | | the period of July 1, 2007, through June 30, 2008; and (iii) | 4 | | 70% for the period of July 1, 2008, through June 30, 2009 and | 5 | | for each subsequent period of July 1 through June 30. At a | 6 | | minimum, the 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.
| 17 | | (3) Provide storage containers to participating | 18 | | vehicle recyclers and vehicle crushers for mercury | 19 | | switches removed under the program.
| 20 | | (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 |
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| 1 | | contact for the collection program and that will establish, | 2 | | implement, and oversee the collection program on behalf of | 3 | | the manufacturers. | 4 | | (6) Track participation in the collection program and | 5 | | the progress of mercury switch removals and collections.
| 6 | | (b) Within 90 days of the effective date of this Act, | 7 | | manufacturers of vehicles in Illinois that contain mercury | 8 | | switches must submit to the Agency an implementation plan that | 9 | | describes how the collection program under subsection (a) of | 10 | | this Section will be carried out for the duration of the | 11 | | program and how the program will achieve the capture rates set | 12 | | forth in subsection (a) of this Section. At a minimum, the | 13 | | implementation plan must: | 14 | | (A) Identify the educational materials that will | 15 | | assist vehicle recyclers, vehicle crushers, and scrap | 16 | | metal processors in identifying, removing, and properly | 17 | | managing mercury switches removed from end-of-life | 18 | | vehicles.
| 19 | | (B) Describe the outreach program that will be | 20 | | undertaken to encourage vehicle recyclers and vehicle | 21 | | crushers to participate in the mercury switch collection | 22 | | program.
| 23 | | (C) Describe how the manufacturers will ensure that | 24 | | mercury switches removed from end-of-life vehicles are | 25 | | managed in accordance with the Illinois Environmental | 26 | | Protection Act and regulations adopted thereunder. |
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| 1 | | (D) Describe how the manufacturers will collect and | 2 | | document the information required in the quarterly reports | 3 | | submitted pursuant to subsection (e) of this Section.
| 4 | | (E) Describe how the collection program will be | 5 | | financed and implemented. | 6 | | (F) Identify the manufacturer's address to which the | 7 | | Agency should send the notice required under subsection (f) | 8 | | of this Section.
| 9 | | The Agency shall review the collection program plans it | 10 | | receives for completeness and shall notify the manufacturer in | 11 | | writing if a plan is incomplete. Within 30 days after receiving | 12 | | a notification of incompleteness from the Agency the | 13 | | manufacturer shall submit to the Agency a plan that contains | 14 | | all of the required information. | 15 | | (c) The Agency must provide assistance to manufacturers in | 16 | | their implementation of the collection program required under | 17 | | this Section. The assistance shall include providing | 18 | | manufacturers with information about businesses likely to be | 19 | | engaged in vehicle recycling or vehicle crushing, conducting | 20 | | site visits to promote participation in the collection program, | 21 | | and assisting with the scheduling, locating, and staffing of | 22 | | workshops conducted to encourage vehicle recyclers and vehicle | 23 | | crushers to participate in the collection program. | 24 | | (d) Manufacturers subject to the collection program | 25 | | requirements of this Section shall provide, to the extent | 26 | | practicable, the opportunity for trade associations of vehicle |
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| 1 | | recyclers, vehicle crushers, and scrap metal recyclers to be | 2 | | involved in the delivery and dissemination of educational | 3 | | materials regarding the identification, removal, collection, | 4 | | and proper management of mercury switches in end-of-life | 5 | | vehicles. | 6 | | (e) For the calendar quarter ending March 31, 2007, and for | 7 | | each calendar quarter thereafter, not later than 45 days | 8 | | following the close of the calendar quarter manufacturers | 9 | | subject to the collection program requirements of this Section | 10 | | must submit to the Agency a quarterly report that contains the | 11 | | following information: (i) the number of vehicle recyclers, | 12 | | vehicle crushers, and scrap metal recyclers participating in | 13 | | the manufacturer's collection program during the reported | 14 | | quarter, (ii) the number of mercury switches removed from | 15 | | end-of-life vehicles during the reported quarter by the vehicle | 16 | | recyclers, vehicle crushers, and scrap metal recyclers | 17 | | participating in the program, and (iii) the amount of mercury | 18 | | collected and recycled through the manufacturer's collection | 19 | | program during the reported calendar quarter. | 20 | | (f) If the reports required under this Act indicate that | 21 | | the capture rates set forth in subsection (a) of this Section | 22 | | for the period of July 1, 2007, though June 30, 2008, or for | 23 | | any subsequent period have not been met the Agency shall | 24 | | provide notice that the capture rate was not met; provided, | 25 | | however, that the Agency is not required to provide notice if | 26 | | it determines that the capture rate was not met due to a force |
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| 1 | | majeure. The Agency shall provide the notice by posting a | 2 | | statement on its website and by sending a written notice via | 3 | | certified mail to the manufacturers subject to the collection | 4 | | program requirement of this Section at the addresses provided | 5 | | in the manufacturers' collection plans. Once the Agency | 6 | | provides notice pursuant to this subsection (f) it is not | 7 | | required to provide notice in subsequent periods in which the | 8 | | capture rate is not met. | 9 | | (g) Beginning 30 days after the Agency first provides | 10 | | notice pursuant to subsection (f) of this Section, the | 11 | | following shall apply: | 12 | | (1) Vehicle recyclers must remove all mercury switches | 13 | | from each end-of-life vehicle within 14 days after receipt | 14 | | of the vehicle, or before vehicles prior to delivering the | 15 | | vehicle vehicles to an on-site or off-site vehicle crusher | 16 | | or to a scrap metal recycler, whichever occurs first, | 17 | | provided that a vehicle recycler is not required to remove | 18 | | a mercury switch that is inaccessible due to significant | 19 | | damage to the vehicle in the area surrounding the mercury | 20 | | switch that occurred before prior to the vehicle recycler's | 21 | | receipt of the vehicle in which case the damage must be | 22 | | noted in the records the vehicle recycler is required to | 23 | | maintain under subsection (c) of Section 10 Section 10(c) | 24 | | of this Act. | 25 | | (1.5) Vehicle crushers and scrap metal recyclers must | 26 | | remove all mercury switches from each end-of-life vehicle |
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| 1 | | within 14 days after receipt of the vehicle, or before | 2 | | flattening, crushing, or otherwise processing the vehicle | 3 | | for recycling, whichever occurs first, provided that | 4 | | vehicle crushers and scrap metal recyclers are not required | 5 | | to remove a mercury switch that is inaccessible due to | 6 | | significant damage to the vehicle in the area surrounding | 7 | | the mercury switch that occurred before the vehicle | 8 | | crusher's or scrap metal recycler's receipt of the vehicle | 9 | | in which case the damage must be noted in the records the | 10 | | vehicle crusher or scrap metal recycler is required to | 11 | | maintain under subsection (c) of Section 10 of this Act. | 12 | | (2) No vehicle recycler, vehicle crusher, or scrap | 13 | | metal recycler shall flatten, crush, or otherwise process | 14 | | an end-of-life vehicle for recycling unless all mercury | 15 | | switches have been removed from the vehicle, provided that | 16 | | a mercury switch that is inaccessible due to significant | 17 | | damage to the vehicle in the area surrounding the mercury | 18 | | switch that occurred before prior to the vehicle | 19 | | recycler's , or the vehicle crusher's , or scrap metal | 20 | | recycler's receipt of the vehicle is not required to be | 21 | | removed. The damage must
be noted in the records the | 22 | | vehicle recycler or vehicle crusher is required to maintain | 23 | | under subsection (c) of Section 10 Section 10(c) of this | 24 | | Act. | 25 | | (3) Notwithstanding paragraphs (1) through (2) of this | 26 | | subsection (g) subsection (g)(1) of this Section , a scrap |
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| 1 | | metal recycler may agree to accept an end-of-life vehicle | 2 | | that contains one or more mercury switches and that has not | 3 | | been flattened, crushed, shredded, or otherwise processed | 4 | | for recycling provided the scrap metal recycler removes all | 5 | | mercury switches from the vehicle within 14 days after | 6 | | receipt of the vehicle, or before the vehicle is flattened, | 7 | | crushed, shredded, or otherwise processed for recycling , | 8 | | whichever occurs first . Scrap metal recyclers are not | 9 | | required to remove a mercury switch that is inaccessible | 10 | | due to significant damage to the vehicle in the area | 11 | | surrounding the mercury switch that occurred before prior | 12 | | to the scrap metal recycler's receipt of the vehicle. The | 13 | | damage must be noted in the records the scrap metal | 14 | | recycler is required to maintain under subsection (c) of | 15 | | Section 10 Section 10(c) of this Act. | 16 | | (4) Manufacturers subject to the collection program | 17 | | requirements of this Section must provide to vehicle | 18 | | recyclers, vehicle crushers, and scrap metal recyclers the | 19 | | following compensation for all mercury switches removed | 20 | | from end-of-life vehicles on or after the date of the | 21 | | notice: $2.00 for each mercury switch removed by the | 22 | | vehicle recycler, vehicle crusher, or the scrap metal | 23 | | recycler, the costs of the containers in which the mercury | 24 | | switches are collected, and the costs of packaging and | 25 | | transporting the mercury switches off-site.
Payment of | 26 | | this compensation must be provided in a prompt manner. |
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| 1 | | (h) In meeting the requirements of this Section | 2 | | manufacturers may work individually or as part of a group of 2 | 3 | | or more manufacturers.
| 4 | | (Source: P.A. 94-732, eff. 4-24-06 .) | 5 | | Section 15. The Mercury-added Product Prohibition Act is | 6 | | amended by changing Section 27 as follows: | 7 | | (410 ILCS 46/27) | 8 | | Sec. 27. Sale and distribution of certain mercury-added | 9 | | products prohibited. | 10 | | (a) On and after July 1, 2008, no person shall sell, offer | 11 | | to sell, or distribute the following mercury-added products in | 12 | | this State: | 13 | | (1) barometers;
| 14 | | (2) esophageal dilators, bougie tubes, or | 15 | | gastrointestinal tubes;
| 16 | | (3) flow meters; | 17 | | (4) hydrometers;
| 18 | | (5) hygrometers;
| 19 | | (6) manometers;
| 20 | | (7) pyrometers;
| 21 | | (8) sphygmomanometers;
| 22 | | (9) thermometers; or
| 23 | | (10) psychrometers ; or .
| 24 | | (11) pressure transducers. |
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| 1 | | (b) This Section does not apply to the sale of a | 2 | | mercury-added product listed in paragraphs (1) through (11) | 3 | | (10) of subsection (a) if use of the product is a federal | 4 | | requirement or if the only mercury-added component in the | 5 | | product is a button cell battery.
| 6 | | (c) This Section does not apply to the sale of a | 7 | | mercury-added product listed in paragraphs (1) through (11) | 8 | | (10) of subsection (a) for which an exemption is obtained under | 9 | | this subsection (c). The manufacturer of the product may apply | 10 | | for an exemption for one or more uses of the product by filing | 11 | | a written petition with the Agency. The Agency may grant an | 12 | | exemption, with or without conditions, if the manufacturer | 13 | | demonstrates the following:
| 14 | | (1) a system exists for the proper collection, | 15 | | transportation, and processing of the product at the end of | 16 | | its useful life; and
| 17 | | (2) one of the following applies:
| 18 | | (i) use of the product provides a net benefit to | 19 | | the environment, public health, or public safety when | 20 | | compared to available nonmercury alternatives; or
| 21 | | (ii) technically feasible nonmercury alternatives | 22 | | are not available at comparable cost.
| 23 | | Before Prior to approving an exemption, the Agency may | 24 | | consult with other states to promote consistency in the | 25 | | regulation of the product for which the exemption is requested. | 26 | | The Agency may also publish notice of its receipt of petitions |
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| 1 | | for exemptions on its website and consider public comments | 2 | | submitted in response to the petitions. Exemptions shall be | 3 | | granted for a term of 5 years and may be renewed for additional | 4 | | 5-year terms upon written application by the manufacturer if | 5 | | the manufacturer demonstrates that the criteria of this | 6 | | subsection (c) and the conditions of the product's original | 7 | | exemption approval continue to be met. All petitions for | 8 | | exemptions and exemption renewals shall be submitted on forms | 9 | | prescribed by the Agency.
| 10 | | (Source: P.A. 95-87, eff. 8-13-07.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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