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92_HB3678 LRB9209492LBgc 1 An Act concerning recycling. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Container Fee and Deposit Act. 6 Section 5. Definitions. As used in this Act, the 7 following terms shall have the meanings indicated, unless the 8 context otherwise requires: 9 "Agency" means the Illinois Environmental Protection 10 Agency. 11 "Beverage" means wine, alcoholic liquor, or beer as 12 defined in the Liquor Control Act of 1934, or mineral water, 13 tea, coffee, soda water or similar carbonated soft drinks, 14 juice, or other drinks in liquid form and intended for human 15 consumption. 16 "Beverage container" means any glass, plastic, plastic 17 coated paper, aluminum, or other metal can, bottle, jar, or 18 carton in which the contents have been sealed by the bottler 19 or manufacturer. 20 "Consumer" means a person who purchases or acquires a 21 beverage in a beverage container for use of its contents. 22 "Dealer" means a person who engages in the sale of 23 beverages in beverage containers to a consumer, including an 24 operator of a vending machine containing containers. This 25 term does not include a person who sells or offers for sale 26 containers, the contents of which are intended for 27 consumption on the premises, nor a common carrier in the 28 conduct of interstate passenger service who sells, offers for 29 sale, or distributes to its passengers containers, the 30 contents of which are for consumption on the carrier's 31 premises or vehicles. -2- LRB9209492LBgc 1 "Dealer agent" means a person who solicits or picks up 2 empty beverage containers from a dealer for the purpose of 3 returning the empty beverage containers to a distributor or 4 manufacturer. 5 "Department" means the Department of Commerce and 6 Community Affairs. 7 "Director" means the Director of Commerce and Community 8 Affairs. 9 "Distributor" means a person who engages in the sale of 10 beverages in beverage containers to a dealer in this State, 11 including a manufacturer who engages in such sales. 12 "Geographic territory" means the geographical area within 13 a perimeter formed by the outermost boundaries of the area 14 served by a distributor. 15 "Manufacturer" means a person who bottles, cans, or 16 otherwise fills beverage containers for sale to distributors 17 or dealers. 18 "Nonrefillable beverage container" means a beverage 19 container which, after being used by a consumer, is not 20 intended to be refilled for sale by a manufacturer. 21 "Redemption center" means a business at which consumers 22 may return empty beverage containers and receive payment for 23 the refund value of the empty beverage containers. 24 Section 10. Refund values. 25 (a) A deposit of not less than 5 cents shall be paid by 26 the consumer on each beverage container sold in this State by 27 a dealer for consumption off the premises. Upon the return to 28 a dealer or person operating a redemption center of the empty 29 beverage container upon which a deposit has been paid and 30 acceptance of the empty beverage container by the dealer or 31 person operating a redemption center, the dealer or person 32 operating a redemption center shall pay the amount of the 33 refund value to the consumer. -3- LRB9209492LBgc 1 (b) In addition to the refund value provided in 2 subsection (a), a dealer, dealer agent, or person operating a 3 redemption center who redeems empty beverage containers shall 4 be reimbursed by the distributor required to accept the empty 5 beverage containers an amount which is 1 cent per container. 6 A dealer, dealer agent, or person operating a redemption 7 center may compact empty metal beverage containers with the 8 approval of the distributor required to accept the 9 containers. 10 Section 15. Payment of refund value; notice to 11 consumers. Except as provided in Section 20: 12 (1) A dealer shall not refuse to accept from a consumer 13 any empty beverage container of the kind, size, and brand 14 sold by the dealer or refuse to pay to the consumer the 15 refund value of a beverage container as stated in Section 10, 16 provided that the container is returned to the dealer in an 17 empty, unbroken, and reasonably clean state. 18 (2) A dealer shall place a sign or shelf label in close 19 proximity to any sales display of containers to inform 20 consumers that containers are returnable. The sign or label 21 shall indicate the amount of deposits required for each 22 container and that the containers are returnable. 23 (3) An operator of a vending machine that sells 24 containers shall post a conspicuous notice on the vending 25 machine indicating that a refund is available on each 26 container purchased and indicating where and from whom that 27 refund may be obtained. This Section does not require 28 vending machine operators to provide refunds at the premises 29 where the vending machines are located. 30 (4) A dealer may limit the total number of containers 31 that he or she will accept from one consumer on any business 32 day to 100 containers. The dealer may refuse to accept 33 containers for a period of not more than 3 hours during any -4- LRB9209492LBgc 1 business day, provided that the hours during which containers 2 will not be accepted are conspicuously posted. 3 (5) A distributor shall accept and pick up all empty 4 beverage containers of the kind, size, and brand sold by the 5 distributor from all dealers served by the distributor and 6 from all redemption centers for a dealer served by the 7 distributor at least weekly. If the distributor delivers the 8 beverage product less frequently than weekly, then the 9 distributor shall accept and pick up any empty beverage 10 container of the kind, size, and brand sold by the 11 distributor at the time of the delivery. The distributor 12 shall pay to the dealer or person operating a redemption 13 center the refund value of a beverage container and the 14 reimbursement as provided under Section 10 of this Act within 15 one week following pickup of the containers or when the 16 dealer or redemption center normally pays the distributor for 17 the deposit on beverage products purchased from the 18 distributor if less frequent than weekly. A distributor or an 19 employee or agent of a distributor is not in violation of 20 this subsection if a redemption center is closed when the 21 distributor attempts to make a regular delivery or a regular 22 pickup of empty beverage containers. 23 (6) A distributor shall accept from a dealer agent any 24 empty beverage container of the kind, size, and brand sold by 25 the distributor that was picked up by the dealer agent from a 26 dealer within the geographic territory served by the 27 distributor. The distributor shall pay the dealer agent the 28 refund value of the empty beverage container and the 29 reimbursement as provided in Section 10. 30 (7) The Department shall adopt rules regulating the 31 recycling and disposal of empty beverage containers. The 32 rules shall give priority to the recycling of empty beverage 33 containers to the extent possible. -5- LRB9209492LBgc 1 Section 20. Refusal to accept containers. 2 (a) A dealer, person operating a redemption center, 3 distributor, or manufacturer may refuse to accept any empty 4 beverage container that does not have stated on it a refund 5 value as provided under Section 25. 6 (b) A dealer may refuse to accept any type of container 7 that has not been sold by that dealer within the past 60 8 days. 9 (c) A dealer may refuse to accept and to pay the refund 10 value of any empty beverage container if the place of 11 business of the dealer and the kind and brand of empty 12 beverage containers are included in an order of the 13 Department approving a redemption center under Section 30. 14 (d) An owner or operator of an establishment who sells 15 beverages for consumption only on the premises may refuse to 16 accept and to pay the refund value on an empty alcoholic 17 liquor container except from a consumer who has purchased and 18 consumed the beverage at that establishment. 19 (e) A manufacturer or distributor may refuse to accept 20 and to pay the refund value and reimbursement as provided in 21 Section 20 on any empty beverage container that was picked up 22 by a dealer agent from a dealer outside the geographic 23 territory served by the manufacturer or distributor. 24 (f) A distributor may refuse to accept from any person 25 who is not a dealer a quantity of fewer than 300 containers 26 of the type, size, and brand sold by the distributor. 27 (g) A distributor shall not be required to pay to a 28 manufacturer a deposit or refund value on a nonrefillable 29 beverage container. 30 Section 25. Refund value stated on container; 31 exceptions. 32 (a) Each beverage container sold or offered for sale in 33 this State by a dealer shall clearly indicate by embossing or -6- LRB9209492LBgc 1 by a stamp, label, or other method securely affixed to the 2 container the refund value of the container. The Department 3 shall specify, by rule, the minimum size of the refund value 4 indication on the beverage containers. 5 (b) A distributor shall not import into this State after 6 July 1, 2002 a beverage container that does not have the 7 refund value indication securely affixed to the container. 8 (c) A person may not bring beverage containers into this 9 State after July 1, 2002 that do not have the refund value 10 indication securely affixed unless for each occurrence: 11 (1) For beverage containers containing alcoholic 12 liquor as defined in the Liquor Control Act of 1934, the 13 total capacity of the containers is not more than 1 quart 14 or, in the case of alcoholic liquor personally obtained 15 outside the United States, 1 gallon. 16 (2) For beverage containers containing beer as 17 defined in the Liquor Control Act of 1934, the total 18 capacity of the containers is not more than 288 fluid 19 ounces. 20 (3) For all other beverage containers, the total 21 capacity of the containers is not more than 565 fluid 22 ounces. 23 (d) The provisions of subsections (a), (b), and (c) of 24 this Section do not apply to a refillable glass beverage 25 container that has a brand name permanently marked on it and 26 that has a refund value of not less than 5 cents, to any 27 other refillable beverage container that has a refund value 28 of not less than 5 cents and that is exempted by the Director 29 under rules adopted by the Department, or to a beverage 30 container sold aboard a commercial airliner or passenger 31 train for consumption on the premises. 32 Section 30. Redemption centers. 33 (a) To facilitate the return of empty beverage -7- LRB9209492LBgc 1 containers and to serve dealers of beverages, any person may 2 establish a redemption center, subject to the approval of the 3 Department, at which consumers may return empty beverage 4 containers and receive payment of the stated refund value. 5 (b) An application for approval of a redemption center 6 shall be filed with the Department. The application shall 7 state the name and address of the person responsible for the 8 establishment and operation of the redemption center, the 9 kind and brand names of the beverage containers that will be 10 accepted at the redemption center, and the names and 11 addresses of the dealers to be served by the redemption 12 center. The application shall contain any other information 13 that the Director may reasonably require. 14 (c) The Department shall approve a redemption center if 15 it finds that the redemption center will provide a 16 convenient service to consumers for the return of empty 17 beverage containers. The order of the Department approving a 18 redemption center shall state the dealers to be served by the 19 redemption center and the kind and brand names of empty 20 beverage containers that the redemption center must accept. 21 The order may contain such other provisions to insure that 22 the redemption center will provide a convenient service to 23 the public as the Director may determine. 24 (d) The Department may review the approval of any 25 redemption center at any time. After written notice to the 26 person responsible for the establishment and operation of the 27 redemption center, and to the dealers served by the 28 redemption center, the Agency may, after hearing, withdraw 29 approval of the redemption center if the Agency finds there 30 has not been compliance with the Department's order approving 31 the redemption center, or if the redemption center no longer 32 provides a convenient service to the public. 33 (e) All approved redemption centers shall meet 34 applicable health standards. -8- LRB9209492LBgc 1 Section 35. Unapproved redemption centers. Any person 2 may establish a redemption center that has not been approved 3 by the Department, at which a consumer may return empty 4 beverage containers and receive payment of the refund value 5 of the beverage containers. The establishment of an 6 unapproved redemption center does not relieve a dealer from 7 the responsibility of redeeming any empty beverage containers 8 of the kind and brand sold by the dealer. 9 Section 40. Snap-top cans prohibited. A person shall 10 not sell or offer for sale at retail in this State any metal 11 beverage container so designed and constructed that a part of 12 the container is detachable in opening the container. 13 Section 45. Rules. The Department shall adopt, upon 14 recommendation of the Director, the rules necessary to carry 15 out the provisions of this Act, subject to the provisions of 16 the Administrative Procedure Act. 17 Section 50. Appeals. Any person aggrieved by an order 18 of the Department relating to the approval or withdrawal of 19 approval for a redemption center may seek judicial review of 20 such order as provided in the Administrative Procedure Act. 21 Section 55. Penalties. 22 (a) Any person violating the provisions of Section 10, 23 15, 20, or 35, or a rule adopted under this Act shall be 24 guilty of a Class C misdemeanor. 25 (b) A distributor who collects or attempts to collect a 26 refund value on an empty beverage container when the 27 distributor has paid the refund value on the container to a 28 dealer, redemption center, or consumer is guilty of a 29 business offense. 30 (c) Any person who does any of the following acts is -9- LRB9209492LBgc 1 guilty of a business offense: 2 (1) Collects or attempts to collect the refund 3 value on the container a second time, with the knowledge 4 that the refund value has once been paid by the 5 distributor to a dealer, redemption center, or consumer. 6 (2) Manufactures, sells, possesses, or applies a 7 false or counterfeit label or indication that shows or 8 purports to show a refund value for a beverage container, 9 with intent to use the false or counterfeit label or 10 indication. 11 (3) Collects or attempts to collect a refund value 12 on a container with the use of a false or counterfeit 13 label or indication showing a refund value, knowing the 14 label or indication to be false or counterfeit. 15 (d) As used in this Section, a false or counterfeit 16 label or indication means a label or indication purporting to 17 show a valid refund value that has not been initially applied 18 as authorized by a distributor. 19 Section 60. Distributor agreements authorized. A 20 distributor may enter into a contract or agreement with any 21 other distributor, manufacturer, or person for the purpose of 22 collecting or paying the refund value on, or disposing of, 23 beverage containers. 24 Section 65. Redemption of refused nonrefillable metal 25 beverage containers. 26 (a) If the refund value indication required under 27 Section 25 on an empty nonrefillable metal beverage container 28 is readable but the redemption of the container is lawfully 29 refused by a dealer or person operating a redemption center, 30 the container shall be accepted and the refund value paid to 31 a consumer as provided in this Section. Each beer distributor 32 selling nonrefillable metal beverage containers in this State -10- LRB9209492LBgc 1 shall provide individually or collectively by contract or 2 agreement with a dealer, person operating a redemption 3 center, or another person, at least one facility in the 4 county seat of each county where refused empty nonrefillable 5 metal beverage containers having a readable refund value 6 indication as required by this Act are accepted and redeemed. 7 In counties having a population of 100,000 or more, the 8 number of the facilities provided shall be one for each 9 100,000 population or a fractional part of that population. 10 (b) A beer distributor violating this Section is guilty 11 of a Class C misdemeanor. 12 Section 70. Plastic cans prohibited. 13 (a) Beginning on the effective date of this Act, a 14 person shall not manufacture, offer for sale, or sell any 15 single-serving beverage container that is a plastic can nor 16 offer for sale or sell any beverage packaged in a 17 single-serving plastic can. For the purposes of this Section, 18 a "plastic can" means a beverage container that, in addition 19 to the closure mechanism, is composed of plastic and metal. 20 (b) A person violating this section is guilty of a Class 21 A misdemeanor. 22 Section 80. Disposal at sanitary landfill prohibited. 23 Beginning one year after the effective date of this Act, the 24 final disposal of beverage containers by a dealer, 25 distributor, or manufacturer, or a person operating a 26 redemption center in a sanitary landfill is prohibited. 27 Beginning one year after the effective date of this Act, the 28 final disposal of beverage containers used to contain 29 alcoholic liquor, as defined in the Liquor Control Act of 30 1934, by a dealer, distributor, manufacturer, or a person 31 operating a redemption center in a sanitary landfill is 32 prohibited. -11- LRB9209492LBgc 1 Section 90. Nothing in this Act is intended to limit the 2 municipal or county power granted in the Solid Waste Planning 3 and Recycling Act to establish or operate a recycling or 4 redemption center.