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Public Act 100-1165 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Consumer Electronics Recycling Act is | ||||
amended by changing Sections 1-10 and 1-25 as follows: | ||||
(415 ILCS 151/1-10)
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(Section scheduled to be repealed on December 31, 2026) | ||||
Sec. 1-10. Manufacturer e-waste program. | ||||
(a) For program year 2019 and each program year thereafter, | ||||
each manufacturer shall, individually or as part of a | ||||
manufacturer clearinghouse, provide a manufacturer e-waste | ||||
program to transport and subsequently recycle, in accordance | ||||
with the requirements of this Act, residential CEDs collected | ||||
at, and prepared for transport from, the program collection | ||||
sites and one-day collection events included in the program | ||||
during the program year. | ||||
(b) Each manufacturer e-waste program must include, at a | ||||
minimum, the following: | ||||
(1) satisfaction of the convenience standard described | ||||
in Section 1-15 of this Act; | ||||
(2) instructions for designated county recycling | ||||
coordinators and municipal joint action agencies to | ||||
annually file notice to participate in the program; |
(3) transportation and subsequent recycling of the | ||
residential CEDs collected at, and prepared for transport | ||
from, the program collection sites and one-day collection | ||
events included in the program during the program year; and | ||
(4) submission of a report to the Agency, by March 1, | ||
2020, and each March 1 thereafter, which includes: | ||
(A) the total weight of all residential CEDs | ||
transported from program collection sites and one-day | ||
collection events throughout the State during the | ||
preceding program year by CED category; | ||
(B) the total weight of residential CEDs | ||
transported from all program collection sites and | ||
one-day collection events in each county in the State | ||
during the preceding program year by CED category; and | ||
(C) the total weight of residential CEDs | ||
transported from all program collection sites and | ||
one-day collection events in each county in the State | ||
during that preceding program year and that was | ||
recycled. | ||
(c) Each manufacturer e-waste program shall make the | ||
instructions required under paragraph (2) of subsection (b) | ||
available on its website by December 1, 2017, and the program | ||
shall provide to the Agency a hyperlink to the website for | ||
posting on the Agency's website.
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(d) Nothing in this Act shall prevent a manufacturer from | ||
accepting, through a manufacturer e-waste program, residential |
CEDs collected through a curbside or drop-off collection | ||
program that is operated pursuant to a residential franchise | ||
collection an agreement authorized by Section 11-19-1 of the | ||
Illinois Municipal Code or Section 5-1048 of the Counties Code | ||
between a third party and a unit of local government located | ||
within a county or municipal joint action agency that has | ||
elected to participate in a manufacturer e-waste program. | ||
(e) A collection program operated in accordance with this | ||
Section shall: | ||
(1) meet the collector responsibilities under | ||
subsections (a), (a-5), (d), (e), and (g) under Section | ||
1-45 and require certification on the bill of lading or | ||
similar manifest from the unit of local government, the | ||
third party, and the county or municipal joint action | ||
agency that elected to participate in the manufacturer | ||
e-waste program that the CEDs were collected, to the best | ||
of their knowledge, from residential consumers in the State | ||
of Illinois; | ||
(2) comply with the audit provisions under subsection | ||
(g) of Section 1-30; | ||
(3) locate any drop-off location where CEDs are | ||
collected on property owned by a unit of local government; | ||
and | ||
(4) have signage at any drop-off location indicating | ||
only residential CEDs are accepted for recycling. | ||
Manufacturers of CEDs are not financially responsible for |
transporting and consolidating CEDs collected from a | ||
collection program's drop-off location. Any drop-off location | ||
used in 2019 must have been identified by the county or | ||
municipal joint action agency in the written notice of election | ||
to participate in the manufacturer e-waste program in | ||
accordance with Section 1-20 by March 1, 2018. Any drop-off | ||
location operating in 2020 or in subsequent years must be | ||
identified by the county or municipal joint action agency in | ||
the annual written notice of election to participate in a | ||
manufacturer e-waste program in accordance with Section 1-20 to | ||
be eligible for the subsequent program year. | ||
(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.) | ||
(415 ILCS 151/1-25)
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(Section scheduled to be repealed on December 31, 2026) | ||
Sec. 1-25. Manufacturer e-waste program plans. | ||
(a) By September July 1, 2018 for program year 2019 , and by | ||
July 1 of each year thereafter for the upcoming program year, | ||
beginning with program year 2019 , each manufacturer shall, | ||
individually or as a manufacturer clearinghouse, submit to the | ||
Agency a manufacturer e-waste program plan, which includes, at | ||
a minimum, the following:
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(1) the contact information for the individual who will | ||
serve as the point of contact for the manufacturer e-waste | ||
program;
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(2) the identity of each county that has elected to |
participate in the manufacturer e-waste program during the | ||
program year;
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(3) for each county, the location of each program | ||
collection site and one-day collection event included in | ||
the manufacturer e-waste program for the program year;
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(4) the collector operating each program collection | ||
site and one-day collection event included in the | ||
manufacturer e-waste program for the program year;
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(5) the recyclers that manufacturers plan to use during | ||
the program year to transport and subsequently recycle | ||
residential CEDs under the program, with the updated list | ||
of recyclers to be provided to the Agency no later than | ||
December 1 preceding each program year; and
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(6) an explanation of any deviation by the program from | ||
the standard program collection site distribution set | ||
forth in subsection (a) of Section 1-15 of this Act for the | ||
program year, along with copies of all written agreements | ||
made pursuant to paragraphs (1) or (2) of subsection (b) of | ||
Section 1-15 for the program year.
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(b) Within 60 days after receiving a manufacturer e-waste | ||
program plan, the Agency shall review the plan and approve the | ||
plan or disapprove the plan.
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(1) If the Agency determines that the program | ||
collection sites and one-day collection events specified | ||
in the plan will satisfy the convenience standard set forth | ||
in Section 1-15 of this Act, then the Agency shall approve |
the manufacturer e-waste program plan and provide written | ||
notification of the approval to the individual who serves | ||
as the point of contact for the manufacturer.
The Agency | ||
shall make the approved plan available on the Agency's | ||
website. | ||
(2) If the Agency determines the plan will not satisfy | ||
the convenience standard set forth in Section 1-15 of this | ||
Act, then the Agency shall disapprove the manufacturer | ||
e-waste program plan and provide written notification of | ||
the disapproval and the reasons for the disapproval to the | ||
individual who serves as the point of contact for the | ||
manufacturer. Within 30 days after the date of disapproval, | ||
the manufacturer shall submit a revised manufacturer | ||
e-waste program plan that addresses the deficiencies noted | ||
in the Agency's disapproval.
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(c) Manufacturers shall assume financial responsibility | ||
for carrying out their e-waste program plans, including, but | ||
not limited to, financial responsibility for providing the | ||
packaging materials necessary to prepare shipments of | ||
collected residential CEDs in compliance with subsection (e) of | ||
Section 1-45, as well as financial responsibility for bulk | ||
transportation and recycling of collected residential CEDs. | ||
(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
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