Full Text of HB0772 100th General Assembly
HB0772eng 100TH GENERAL ASSEMBLY |
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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 Electronic Products Recycling and Reuse Act | 5 | | is amended by changing Section 50 as follows: | 6 | | (415 ILCS 150/50)
| 7 | | Sec. 50. Recycler and refurbisher registration. | 8 | | (a) Prior to January 1 of each program year, each recycler | 9 | | and refurbisher must register with the Agency and submit a | 10 | | registration fee pursuant to subsection (b) for that program | 11 | | year. Registration must be on forms and in a format prescribed | 12 | | by the Agency and shall include, but not be limited to, the | 13 | | address of each location where the recycler or refurbisher | 14 | | manages CEDs or EEDs and identification of each location at | 15 | | which the recycler or refurbisher accepts CEDs or EEDs from a | 16 | | residence. | 17 | | (b) The registration fee for program year 2010 is $2,000. | 18 | | For program year 2011, if a recycler's or refurbisher's annual | 19 | | combined total weight of CEDs and EEDs is less than 1,000 tons | 20 | | per year, the registration fee shall be $500. For program year | 21 | | 2012 and for all subsequent program years, both registration | 22 | | fees shall be increased each year by an inflation factor | 23 | | determined by the annual Implicit Price Deflator for Gross |
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| 1 | | National Product as published by the U.S. Department of | 2 | | Commerce in its Survey of Current Business. The inflation | 3 | | factor must be calculated each year by dividing the latest | 4 | | published annual Implicit Price Deflator for Gross National | 5 | | Product by the annual Implicit Price Deflator for Gross | 6 | | National Product for the previous year. The inflation factor | 7 | | must be rounded to the nearest 1/100th, and the resulting | 8 | | registration fee must be rounded to the nearest whole dollar. | 9 | | No later than October 1 of each program year, the Agency shall | 10 | | post on its website the registration fee for the next program | 11 | | year. | 12 | | (c) No person may act as a recycler or a refurbisher of | 13 | | CEDs for a manufacturer obligated to meet goals under this Act | 14 | | unless the recycler or refurbisher is registered with the | 15 | | Agency and has paid the registration fee as required under this | 16 | | Section. Beginning in program year 2016, all recycling or | 17 | | refurbishing facilities used by collectors of CEDs and EEDs | 18 | | shall be accredited by the Responsible Recycling (R2) Practices | 19 | | or e-Stewards certification programs or any other equivalent | 20 | | certification programs recognized by the United States | 21 | | Environmental Protection Agency. Accreditation is not required | 22 | | for facilities that place cathode ray tube (CRT) glass in | 23 | | storage cells for future retrieval in accordance with | 24 | | subsection (d) of Section 15 of this Act. Manufacturers of CEDs | 25 | | and EEDs shall ensure that recycling or refurbishing facilities | 26 | | used as part of their recovery programs meet this requirement. |
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| 1 | | Any organization that accredits facilities pursuant to this | 2 | | Section is prohibited from penalizing or taking other negative | 3 | | actions against any recycler, refurbisher, or collector of CEDs | 4 | | and EEDs based on the recycler's, refurbisher's, or collector's | 5 | | use of a facility that places CRT glass in storage cells for | 6 | | future retrieval in accordance with subsection (d) of Section | 7 | | 15 of this Act. | 8 | | (c-5) A registered recycler or refurbisher of CEDs and EEDs | 9 | | for a manufacturer obligated to meet goals under this Act may | 10 | | not charge individual consumers or units of local government | 11 | | acting as collectors a fee to recycle or refurbish CEDs and | 12 | | EEDs, unless the recycler or refurbisher provides (i) a | 13 | | financial incentive, such as a coupon, that is of greater or | 14 | | equal value to the fee being charged or (ii) premium service, | 15 | | such as curbside collection, home pick-up, or similar methods | 16 | | of collection. Local units of government serving as collectors | 17 | | of CEDs and EEDs shall not charge a manufacturer for collection | 18 | | costs and shall offer the manufacturer or its representative | 19 | | all CEDs and EEDs collected by the local government at no cost. | 20 | | Nothing in this Act requires a local unit of government to | 21 | | serve as a collector. | 22 | | (c-10) Nothing in this Act prohibits any waste hauler from | 23 | | entering into a contractual agreement with a unit of local | 24 | | government to establish a collection program for the recycling | 25 | | or reuse of CEDs or EEDs, including services such as curbside | 26 | | collection, home pick-up, drop-off locations, or similar |
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| 1 | | methods of collection. | 2 | | (d) Recyclers and refurbishers must, at a minimum, comply | 3 | | with all of the following: | 4 | | (1) Recyclers and refurbishers must comply with | 5 | | federal, State, and local laws and regulations, including | 6 | | federal and State minimum wage laws, specifically relevant | 7 | | to the handling, processing, refurbishing and recycling of | 8 | | residential CEDs and must have proper authorization by all | 9 | | appropriate governing authorities to perform the handling, | 10 | | processing, refurbishment, and recycling. | 11 | | (2) Recyclers and refurbishers must implement the | 12 | | appropriate measures to safeguard occupational and | 13 | | environmental health and safety, through the following: | 14 | | (A) environmental health and safety training of | 15 | | personnel, including training with regard to material | 16 | | and equipment handling, worker exposure, controlling | 17 | | releases, and safety and emergency procedures; | 18 | | (B) an up-to-date, written plan for the | 19 | | identification and management of hazardous materials; | 20 | | and | 21 | | (C) an up-to-date, written plan for reporting and | 22 | | responding to exceptional pollutant releases, | 23 | | including emergencies such as accidents, spills, | 24 | | fires, and explosions. | 25 | | (3) Recyclers and refurbishers must maintain (i) | 26 | | commercial general liability insurance or the equivalent |
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| 1 | | corporate guarantee for accidents and other emergencies | 2 | | with limits of not less than $1,000,000 per occurrence and | 3 | | $1,000,000 aggregate and (ii) pollution legal liability | 4 | | insurance with limits not less than $1,000,000 per | 5 | | occurrence for companies engaged solely in the dismantling | 6 | | activities and $5,000,000 per occurrence for companies | 7 | | engaged in recycling. | 8 | | (4) Recyclers and refurbishers must maintain on file | 9 | | documentation that demonstrates the completion of an | 10 | | environmental health and safety audit completed and | 11 | | certified by a competent internal and external auditor | 12 | | annually. A competent auditor is an individual who, through | 13 | | professional training or work experience, is appropriately | 14 | | qualified to evaluate the environmental health and safety | 15 | | conditions, practices, and procedures of the facility. | 16 | | Documentation of auditors' qualifications must be | 17 | | available for inspection by Agency officials and | 18 | | third-party auditors. | 19 | | (5) Recyclers and refurbishers must maintain on file | 20 | | proof of workers' compensation and employers' liability | 21 | | insurance. | 22 | | (6) Recyclers and refurbishers must provide adequate | 23 | | assurance (such as bonds or corporate guarantee) to cover | 24 | | environmental and other costs of the closure of the | 25 | | recycler or refurbisher's facility, including cleanup of | 26 | | stockpiled equipment and materials. |
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| 1 | | (7) Recyclers and refurbishers must apply due | 2 | | diligence principles to the selection of facilities to | 3 | | which components and materials (such as plastics, metals, | 4 | | and circuit boards) from CEDs and EEDs are sent for reuse | 5 | | and recycling. | 6 | | (8) Recyclers and refurbishers must establish a | 7 | | documented environmental management system that is | 8 | | appropriate in level of detail and documentation to the | 9 | | scale and function of the facility, including documented | 10 | | regular self-audits or inspections of the recycler or | 11 | | refurbisher's environmental compliance at the facility. | 12 | | (9) Recyclers and refurbishers must use the | 13 | | appropriate equipment for the proper processing of | 14 | | incoming materials as well as controlling environmental | 15 | | releases to the environment. The dismantling operations | 16 | | and storage of CED and EED components that contain | 17 | | hazardous substances must be conducted indoors and over | 18 | | impervious floors. Storage areas must be adequate to hold | 19 | | all processed and unprocessed inventory. When heat is used | 20 | | to soften solder and when CED and EED components are | 21 | | shredded, operations must be designed to control indoor and | 22 | | outdoor hazardous air emissions. | 23 | | (10) Recyclers and refurbishers must establish a | 24 | | system for identifying and properly managing components | 25 | | (such as circuit boards, batteries, CRTs, and mercury | 26 | | phosphor lamps) that are removed from CEDs and EEDs during |
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| 1 | | disassembly. Recyclers and refurbishers must properly | 2 | | manage all hazardous and other components requiring | 3 | | special handling from CEDs and EEDs consistent with | 4 | | federal, State, and local laws and regulations. Recyclers | 5 | | and refurbishers must provide visible tracking (such as | 6 | | hazardous waste manifests or bills of lading) of hazardous | 7 | | components and materials from the facility to the | 8 | | destination facilities and documentation (such as | 9 | | contracts) stating how the destination facility processes | 10 | | the materials received. No recycler or refurbisher may | 11 | | send, either directly or through intermediaries, hazardous | 12 | | wastes to solid waste (non-hazardous waste) landfills or to | 13 | | non-hazardous waste incinerators for disposal or energy | 14 | | recovery. For the purpose of these guidelines, smelting of | 15 | | hazardous wastes to recover metals for reuse in conformance | 16 | | with all applicable laws and regulations is not considered | 17 | | disposal or energy recovery. | 18 | | (11) Recyclers and refurbishers must use a regularly | 19 | | implemented and documented monitoring and record-keeping | 20 | | program that tracks inbound CED and EED material weights | 21 | | (total) and subsequent outbound weights (total to each | 22 | | destination), injury and illness rates, and compliance | 23 | | with applicable permit parameters including monitoring of | 24 | | effluents and emissions. Recyclers and refurbishers must | 25 | | maintain contracts or other documents, such as sales | 26 | | receipts, suitable to demonstrate: (i) the reasonable |
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| 1 | | expectation that there is a downstream market or uses for | 2 | | designated electronics (which may include recycling or | 3 | | reclamation processes such as smelting to recover metals | 4 | | for reuse); and (ii) that any residuals from recycling or | 5 | | reclamation processes, or both, are properly handled and | 6 | | managed to maximize reuse and recycling of materials to the | 7 | | extent practical. | 8 | | (12) Recyclers and refurbishers must comply with | 9 | | federal and international law and agreements regarding the | 10 | | export of used products or materials. In the case of | 11 | | exports of CEDs and EEDs, recyclers and refurbishers must | 12 | | comply with applicable requirements of the U.S. and of the | 13 | | import and transit countries and must maintain proper | 14 | | business records documenting its compliance. No recycler | 15 | | or refurbisher may establish or use intermediaries for the | 16 | | purpose of circumventing these U.S. import and transit | 17 | | country requirements. | 18 | | (13) Recyclers and refurbishers that conduct | 19 | | transactions involving the transboundary shipment of used | 20 | | CEDs and EEDs shall use contracts (or the equivalent | 21 | | commercial arrangements) made in advance that detail the | 22 | | quantity and nature of the materials to be shipped. For the | 23 | | export of materials to a foreign country (directly or | 24 | | indirectly through downstream market contractors): (i) the | 25 | | shipment of intact televisions and computer monitors | 26 | | destined for reuse must include only whole products that |
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| 1 | | are tested and certified as being in working order or | 2 | | requiring only minor repair (e.g. not requiring the | 3 | | replacement of circuit boards or CRTs), must be destined | 4 | | for reuse with respect to the original purpose, and the | 5 | | recipient must have verified a market for the sale or | 6 | | donation of such product for reuse; (ii) the shipments of | 7 | | CEDs and EEDs for material recovery must be prepared in a | 8 | | manner for recycling, including, without limitation, | 9 | | smelting where metals will be recovered, plastics recovery | 10 | | and glass-to-glass recycling; or (iii) the shipment of CEDs | 11 | | and EEDs are being exported to companies or facilities that | 12 | | are owned or controlled by the original equipment | 13 | | manufacturer. | 14 | | (14) Recyclers and refurbishers must maintain the | 15 | | following export records for each shipment on file for a | 16 | | minimum of 3 years: (i) the facility name and the address | 17 | | to which shipment is exported; (ii) the shipment contents | 18 | | and volumes; (iii) the intended use of contents by the | 19 | | destination facility; (iv) any specification required by | 20 | | the destination facility in relation to shipment contents; | 21 | | (v) an assurance that all shipments for export, as | 22 | | applicable to the CED manufacturer, are legal and satisfy | 23 | | all applicable laws of the destination country. | 24 | | (15) Recyclers and refurbishers must employ | 25 | | industry-accepted procedures for the destruction or | 26 | | sanitization of data on hard drives and other data storage |
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| 1 | | devices. Acceptable guidelines for the destruction or | 2 | | sanitization of data are contained in the National | 3 | | Institute of Standards and Technology's Guidelines for | 4 | | Media Sanitation or those guidelines certified by the | 5 | | National Association for Information Destruction; | 6 | | (16) No recycler or refurbisher may employ prison labor | 7 | | in any operation related to the collection, | 8 | | transportation, recycling, and refurbishment of CEDs and | 9 | | EEDs. No recycler or refurbisher may employ any third party | 10 | | that uses or subcontracts for the use of prison labor.
| 11 | | (Source: P.A. 99-13, eff. 7-10-15.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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