SB0837sam001 103RD GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 5/5/2023

10300SB0837sam001 LRB103 03292 LNS 61546 a

AMENDMENT TO SENATE BILL 837

AMENDMENT NO. ______. Amend Senate Bill 837 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Carpet Stewardship Pilot Program Act.

Section 5. Definitions. In this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Blended carpet" means carpet with a nonuniform face fiber, which is manufactured with multiple polymer types, fiber types, or both, in the face of the constructed material.

"Brand" means a name, symbol, word, or mark that identifies the carpet, rather than its components, and attributes the product to the owner or licensee of the brand as the producer.

"Carpet" means a manufactured article that is (i) used in commercial buildings, single or multifamily residential buildings, or trade shows, (ii) affixed or placed on the floor or building walking surface as a decorative or functional building interior or exterior feature, and (iii) primarily constructed of a top visible surface of synthetic face fibers or yarns or tufts attached to a backing system derived from synthetic or natural materials. "Carpet" includes, but is not limited to, a commercial or residential broadloom carpet and modular carpet tiles. "Carpet" does not include handmade rugs, area rugs, or mats.

"Carpet recovery" means the process by which old carpet is collected, processed, and returned to the economic mainstream in the form of raw materials or products. "Carpet recovery" is further defined to include only those pounds of old carpet that are an output of a processor destined for an end market or carpet reutilization and is not meant to mean the gross input pounds of old carpet accepted by a processor. "Carpet recovery" does not include energy recovery or energy generation by means of combusting old carpet, and it does not include any disposal or use of old carpet within the permitted boundaries of a municipal solid waste landfill unit.

"Carpet recovery rate" means the percentage of old carpet that is an output of a processor destined for carpet recovery or reutilization and is computed by dividing the amount of old carpet that is an output of a processor destined for carpet recovery or reutilization by the total amount of old carpet that is generated over a program year. To determine the annual carpet recovery rates required by this Act the amount of old carpet generated shall be calculated using an industry standard calculation based on annual sales, replacement rate, and the average weight of carpet.

"Carpet reuse" means donating or selling an old carpet back into the market for its original intended use, when the old carpet retains its original purpose and performance characteristics.

"Carpet stewardship pilot program" means a program established and operated by the representative organization for the collection of old carpet and environmentally sound management of old carpet in counties with a population greater than 300,000 people.

"Carpet stewardship pilot program plan" means a single, detailed plan prepared by the representative organization that includes all the information required by this Act.

"Collection" means any method of consolidating and temporarily storing old carpet.

"Collection site" means a site managed by a representative organization-approved collector to collect and temporarily store old carpet as provided by this Act.

"Collector" means any public or private entity approved by the representative organization that provides old carpet collection services.

"Consumer" means any person who makes a purchase at retail.

"Distributor" or "wholesaler" means a person who buys or otherwise acquires carpet from another source and sells or offers to sell that carpet to retailers in the pilot program counties.

"Installer" means any person or entity contracted for the purpose of installing flooring where old carpet is removed.

"Nylon carpet" means carpet made with a uniform face fiber made with either nylon 6 or nylon 6,6.

"Old carpet" means carpet that is no longer used for its manufactured purpose.

"Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, State agency, or any other legal entity, or their legal representative, agent, or assign.

"PET carpet" means carpet made from polyethylene terephthalate.

"Polypropylene carpet" means carpet made from polypropylene.

"Processor" means a public or private entity approved by the representative organization to prepare old carpet for reutilization, recovery, or disposal that uses industry recognized processes, such as shredding, grinding, shearing, depolymerization, or other methods recognized by the representative organization, to convert old carpet into finished recovered output ready to be used as an input material for secondary products.

"Producer" means a person or entity who manufactures carpet that is sold, offered for sale, or distributed in the pilot program counties. Producer includes any person or entity who imports carpet into the United States that is sold, offered for sale, or distributed in the pilot program counties and that is manufactured by a person or entity who does not manufacture the carpet in the United States. "Producer" does not include a retailer that trademarks or brands carpet that is sold, offered for sale, or distributed in the pilot program counties and that is manufactured by a person other than the retailer.

"Program year" means a calendar year. The first program year is 2026.

"PTT carpet" means carpet made from polytrimethylene terephthalate.

"Representative organization" means the entity incorporated as a nonprofit within the meaning of 26 U.S.C. 501(c)(3) representing carpet producers who are cooperating with one another to collectively establish and operate a carpet recovery and carpet reutilization program for old carpet for the purpose of complying with this Act.

"Retailer" means any person engaged in the business of making sales at retail that generate occupation or use tax revenue. "Retailer" does not include a distributor, producer, or wholesaler, as those terms are defined in this Section.

"Roll-off dumpster" means a waste container that holds at least 40 cubic yards of waste.

"Sale" or "sell" means a transfer of title to carpet for consideration, including a remote sale conducted through a sales outlet, catalog, website, or similar electronic means. "Sale" or "sell" includes a lease through which carpet is provided to a consumer by a producer, distributor, or retailer.

"Semitrailer" means any vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

"Sorter" means a public or private entity approved by the representative organization that performs the sorting of old carpet for third-party carpet recovery or carpet reuse.

"Sorting" means the method used for sorting old carpet into its various backing types or fiber types for carpet recovery or carpet reuse.

"Wool carpet" means carpet made from wool.

Section 10. Formation, duties, and powers of the representative organization.

(a) Within 120 days after the effective date of this Act, a representative organization shall be incorporated by the producers in the State of Illinois as a nonprofit, to administer and implement the carpet stewardship pilot program.

(b) The representative organization's duties include, but are not limited to:

(1) selecting a Chairperson, Vice-Chairperson, Secretary, and Treasurer, creating bylaws, and organizing itself into committees to implement this Act;

(2) incorporating itself as a 501(c)(3) nonprofit organization and establishing financial accounts for use by the representative organization under this Act;

(3) preparing the representative organization plan, and any required amendments, in compliance with this Act;

(4) implementing the representative organization plan;

(5) submitting to the Agency in the representative organization plan a funding mechanism that will generate sufficient funds to implement the representative organization plan and meet the performance goals established in paragraphs (11) and (12) of subsection (a) of Section 25; in determining the level of funding necessary, the representative organization may take into account program costs in other jurisdictions' approved carpet stewardship plans, annual reports, audits, and other information;

(6) approving collectors, sorters, and processors to provide services under this Act;

(7) creating and administering a grant program to assist in covering the costs to collect, process, or market old carpet for carpet reutilization or carpet recovery;

(8) being responsible for meeting the performance goals specified by this Act;

(9) submitting annual program reports as required by this Act;

(10) overseeing an annual audit conducted by a third-party entity of the carpet stewardship program's revenues and expenditures; and

(11) holding meetings that are open to the public with reasonable notice of the meeting made publicly available.

(c) The representative organization shall hire a director and staff within 150 days after the effective date of this Act, which shall be funded as part of the budget for the representative organization program approved in the representative organization plan.

Section 15. Carpet Stewardship Advisory Committee.

(a) The Carpet Stewardship Advisory Committee ("Advisory Committee") is hereby created. Within 120 days of the effective date of this Act, the Director of the Agency shall appoint members to the Advisory Committee who reflect the racial and gender diversity of this State. The duties of the Advisory Committee include, but are not limited to reviewing and commenting on the carpet stewardship pilot program plan, reviewing and commenting on the annual report, providing recommendations to the representative organization on the implementation of the carpet stewardship pilot program plan, and providing recommendations to the General Assembly by December 31, 2029 on whether the carpet stewardship pilot program should be continued beyond this Act's repeal date and whether it should be expanded to the rest of the State. Such appointments shall include:

(1) one individual who is a representative of a statewide association representing retailers;

(2) one individual who is a representative of a national association representing manufacturers of carpet;

(3) two individuals who are representatives of carpet processors;

(4) two individuals who are representatives of a statewide association representing waste disposal companies;

(5) two individuals who are representatives of environmental organizations;

(6) two individuals who are representatives of county or municipal joint action agency waste management programs;

(7) one individual who is a representative of a company that uses old carpet to manufacture a new product, not including new carpet; and

(8) one individual who is a representative of an association representing installers of carpet.

(b) Members of the Advisory Committee shall serve without compensation but shall be reimbursed for travel expenses and any other contingent expenses related to the formation of the Advisory Committee as a legal and functioning entity as part of the budget for the carpet stewardship pilot program approved in the carpet stewardship pilot program plan. Members shall serve on the Advisory Committee until a successor is appointed and qualified. The Advisory Committee shall select a chair and vice chair, shall meet as needed, and may establish bylaws.

Section 20. Carpet stewardship pilot program and sale requirement.

(a) The carpet stewardship pilot program established under this Act applies only to counties in the pilot program with a population of 300,000 or more.

(b) For all carpet sold in areas of the State described in subsection (a), the representative organization shall implement a carpet stewardship program that (i) manages carpet by reducing its waste generation; (ii) promotes carpet recovery and carpet reuse; and (iii) provides for negotiation and execution of agreements to collect, transport, process, or market the old carpet for end-of-life carpet recovery or carpet reuse.

(c) On and after January 1, 2026, a producer or distributor may not offer for sale any carpet to any person in this State, unless the producer has registered with the representative organization, has provided its share of funding, on an annual basis, to implement the representative organization plan as approved by the Agency pursuant to Section 45, and is subject to penalties under Section 70.

Section 25. Stewardship plan.

(a) By July 1, 2025, and by July 1 every 3 years thereafter, the representative organization shall submit a 3-year carpet stewardship pilot program plan to the Agency for the geographic area defined in subsection (a) of Section 20 and shall receive approval of the plan. The plan shall include, at a minimum, each of the following:

(1) Certification that the carpet stewardship pilot program will accept for collection all old carpet, regardless of type or which producer manufactured the product and its individual components.

(2) Contact information for each individual representing the representative organization, a designation of a program manager responsible for administering the program in the pilot program counties, and a list of all producers participating in the carpet stewardship pilot program and the brands covered by the program.

(3) A description of the methods by which old carpet will be collected in the pilot program counties, including an explanation of how the collection system will achieve a convenience standard of having collection sites in all counties covered by this Act.

(4) An evaluation, beginning with the second 3-year plan submitted by July 1, 2028, of the feasibility and cost of expanding the pilot program to additional counties in the State of Illinois, with the eventual goal of serving every county in the State.

(5) A description of how the adequacy of the collection program will be monitored, evaluated, and maintained.

(6) The names and locations of collectors, sorters, and processors who have been approved by the representative organization to manage old carpet.

(7) A description of how the old carpet and the products' components will be safely and securely transported, tracked, and handled from collection through final carpet recovery and processing.

(8) A description of the methods to be used to reuse, deconstruct, or recover old carpet to ensure that the products' components, to the extent feasible, are transformed or remanufactured into finished products for use.

(9) A description of the methods to be used to manage or dispose of old carpet that is not eligible for carpet recovery or carpet reuse.

(10) A description of the promotion and outreach activities and proposed budget that will be used to encourage participation in the collection and carpet recovery programs and how the activities' effectiveness will be evaluated and the program modified, if necessary.

(11) A 3-year rolling performance goal, including an estimate of the percentage of old carpet that will be collected and managed through carpet reuse or carpet recovery during each of the next 3 years of the stewardship plan, with a minimum goal of achieving a 25% carpet recovery rate in the pilot program counties described in subsection (a) of Section 20 by December 31, 2028. The performance goals shall include a specific goal for the amount of old carpet that will be collected and managed through carpet recovery and carpet reuse during each year of the plan.

(12) The representative organization shall achieve a carpet recovery rate goal of 40% by December 31, 2031 for the 3-year plan period beginning January 1, 2029.

(13) A discussion of the status of end markets for old carpet and what, if any, additional end markets are needed to improve the functioning of the program.

(14) A funding mechanism that demonstrates sufficient producer funding to carry out the plan, including the administrative, operational, and capital costs of implementing the plan, and payment of incentive payments to carpet collectors, processors, and end use markets to assist with the implementation of this Act.

(15) Annual budgets showing revenue and expenditure projections for the current program year and projected for the next 2 program years.

(16) A process by which the financial activities of the representative organization that are related to the implementation of the plan shall be subject to an annual independent audit, conducted by a third party.

(17) A description of the educational program and materials that shall be implemented and used to train operators of collection sites on how to properly collect old carpet and reduce contamination. Such program shall include consumer education materials that shall be distributed by retailers who sell new carpet in the areas of the State described in subsection (a) of Section 20 at the point of sale of new carpet. Such materials may include the following: (i) notification to the consumer that the cost of new carpet may incorporate producer funding used to responsibly collect and dispose of old carpet and (ii) general information about the carpet stewardship pilot program, including information about the collection sites, information about the collection process, and contact information for key staff and management of the representative organization.

(18) At no time shall a collection site be subject to a fine or extra charge for contamination by either the representative organization or a carpet processor. However, collection sites that continue to ship contaminated old carpet to processors may be removed from the stewardship program by the representative organization.

(19) Baseline information, for the most current year for which data is available, on the amount of square feet and pounds of carpet sold in the pilot program counties, by type of polymer or nonpolymer material used to make the carpet.

(20) A discussion of the feasibility, cost, and effectiveness of labeling the backside of new carpet with the polymer type or nonpolymer material used to manufacture the carpet to assist processors in more easily identifying the type of old carpet collected for processing.

(21) A description of the program that shall be implemented to train carpet installers on how to properly manage old carpet so that it is eligible to be managed through carpet reuse or carpet recovery under this Act, including, but not limited to, the development of videos and written materials regarding the carpet recovery program.

(b) An update to the plan shall be submitted, at a minimum, every 3 years, or if the representative organization determines that a plan update is needed, prior to that time.

(c) If the representative organization determines that any proposed significant changes or modifications to the plan or its implementation are needed, within 30 days of that determination the representative organization shall submit to the Agency a written plan update for review and approval in accordance with Section 30.

Section 30. Review and approval of the carpet stewardship pilot program and plan updates.

(a) After receipt of a proposed plan or plan update, the Agency shall determine whether the plan or plan update complies with Section 25. If the Agency determines that the plan or plan update complies with Section 25, the Agency shall notify the representative organization of the plan or plan update approval in writing within 90 days of receipt of the plan or plan update. If the Agency determines that the plan or plan update does not comply with Section 25, the Agency shall notify the representative organization of the plan or plan update rejection in writing within 90 days of receipt of the plan or plan update and include the reasons why the plan or plan update does not comply with Section 25. The representative organization shall submit a revised plan to the Agency within 60 days after receiving a notice of rejection. Any proposed changes to a plan or plan update must be reviewed and approved by the Agency in accordance with this subsection.

(b) The plan and plan updates approved by the Agency shall be placed on the Agency's website and made available at the Agency's headquarters for public review in accordance with the Freedom of Information Act.

Section 32. Implementation of the carpet stewardship pilot plan. The representative organization shall implement the plan components under subsection (a) of Section 25 upon approval of the plan or plan update by the Agency under Section 30. The representative organization shall monitor the implementation of the plan and shall have the authority to require specific action by its director and staff to meet the plan implementation requirements under this Section.

Section 36. Collection of old carpet.

(a) No later than January 1, 2026, in any county with a population of greater than 300,000 people, any installer engaged in removing old carpet from a residence or business shall transport, or contract to transport, all old carpet to a representative organization-approved old carpet collection site as defined in Section 10.

(b) Approved carpet collection sites as defined in Section 10 shall ensure that old carpet is collected in the prescribed conditions required by the representative organization plan. The conditions must also include, but are not limited to, the following requirements:

(1) Old carpet must be kept in a location that allows it to remain dry at all times.

(2) Containers holding collected old carpet must be free of all noncarpet discarded waste items.

(3) Prior to shipment to a processor, containers holding discarded carpet must be filled to the following minimum standards:

(A) Roll-off dumpsters shall be filled to a minimum of 8 tons.

(B) Semitrailers shall be filled to a minimum of 13 tons.

(4) Approved collection sites must permit an approved processor's prescribed container to be housed on site for loading by the collector for pickup at the collection site.

(c) Any approved collection site that has collected old carpet as prescribed by the representative organization plan and whose full container volume is not removed by a registered processor upon 3 business days' electronic notice to the processor stating that collected old carpet is ready for removal may dispose of that container's contents in a landfill.

Section 37. Economic support for approved carpet collection sites. The representative organization program shall pay approved old carpet collection sites for costs, services, and infrastructure improvements as follows:

(1) Reimbursement for reasonable costs, as pre-approved by the clearinghouse, to adapt sites for old carpet collection as required by this Act, including, but not limited to, one-time costs for constructing the needed structure to make the collection of carpet safe and convenient, and to ensure adequate room to maneuver old carpet collection equipment in such a manner so as not to disrupt the normal flow of activity at the collection site.

(2) A recovery fee equivalent to $20 per ton for all old carpet collected that is subject to this Act and loaded into trailers at the collector's site in accordance with subsection (b) of Section 36.

(3) Approved carpet collection sites located at waste transfer or waste disposal facilities permitted by the Agency may, at their discretion, charge the generator of such discarded carpet customary and proprietary collection and disposal fees.

(4) Approved carpet collection sites may not charge a processor any fee for removal of carpet discarded from the collection site location.

(5) Economic support for approved carpet collectors under this Section shall be reviewed by the representative organization every 3 years as plans are submitted to the Agency.

Section 40. State action antitrust exemption.

(a) Except as provided in subsection (b), any action by a representative organization or its members pursuant to this Act is not a violation of the Illinois Antitrust Act, the Uniform Deceptive Trade Practices Act, or the Consumer Fraud and Deceptive Business Practices Act.

Each producer and the representative organization shall be immune from liability for any claim of violation of antitrust law or unfair trade practice if the conduct is a violation of antitrust law or unfair trade practice law, to the extent the producer or representative organization is exercising authority under the provisions of this Act. Such immunity from claims of antitrust violations and unfair trade practices applies to all of the following:

(1) the creation, implementation, or management of a carpet stewardship pilot program plan approved by the Agency pursuant to Section 30 of this Act and the types or quantities of carpet being recycled or otherwise managed as described in this Act;

(2) the cost and structure of an approved carpet stewardship pilot program plan;

(3) the establishment and administration of a carpet stewardship pilot program funding as described in Section 45 of this Act.

(b) Subsection (a) does not apply to an agreement that does any of the following:

(1) fixes a price of carpet, except for any agreement related to funding the carpet stewardship pilot program or to a carpet stewardship pilot program plan submitted to the Agency and otherwise in accordance with this Act;

(2) fixes the output of production of carpet; or

(3) restricts the geographic area in which, or the customers to whom, carpet will be sold.

Section 45. Requirements applicable to producers.

(a) No later than January 1, 2024, producers of carpet shall provide funding to the representative organization sufficient to cover the administrative costs of establishing the representative organization in calendar year 2024 and annually thereafter to cover the costs of developing and implementing the representative organization plan. The funding mechanism:

(1) shall take into account the financial burden that blended carpet, nylon carpet, PET carpet, polypropylene carpet, and wool carpet have on the representative organization program costs;

(2) shall be differentiated by the type of material, recycling cost, recycling content, and other qualities related to toxicity, resource use, and recyclability;

(3) shall ensure an equitable and efficient allocation of financial responsibility among producers; and

(4) shall be at a level sufficient to cover the annual costs of the representative organization program, as reported to the Agency in the representative organization plan, and based on program metrics and outcomes; if the Agency determines the level of funding from the producers is not sufficient to cover the annual costs of the representative organization program, the Agency may request additional funding from the representative organization.

(b) The amount that each producer pays to fund the representative organization program on an annual basis shall be considered proprietary information that is privileged or confidential and shall not be disclosed to the representative organization or the public. However, in order to determine if each producer is paying its proper share, an independent professional accounting firm shall be hired by the representative organization to review the payments and verify that the funding provided by each producer is in compliance with the funding mechanism agreed to by the producers.

(c) Producers, working with the representative organization, shall provide consumers with educational materials to be provided to consumers at the point of sale regarding the representative organization program. The materials shall include information regarding available end-of-life management options for old carpet offered through the carpet stewardship program, and may include additional information as defined in subdivision (a)(18) of Section 20.

(d) Producers who sell carpet in this State shall register with the representative organization by October 1, 2024 and annually thereafter for as long as that producer sells carpet in this State.

Section 50. Requirements applicable to retailers and distributors.

(a) On and after January 1, 2026, no carpet may be sold in this State unless the carpet's producer has registered with the representative organization under subsection (d) of Section 45.

(b) Any retailer or distributor may participate, on a voluntary basis, as a designated collection point under a product stewardship program and in accordance with applicable law.

(c) No retailer or distributor shall be found to be in violation of this Section if, on the date the carpet was ordered from the producer or its agent, the producer was registered on the representative organization's website in accordance with this Act.

(d) Retailers shall provide consumers with educational materials, developed by producers and the representative organization, that shall include, but are not limited to, (i) information regarding available end-of-life management options for old carpet, (ii) information notifying the consumer of the importance of carpet recovery, (iii) information notifying the customer that the cost of carpet is impacted by the costs of the carpet stewardship program, and (iv) any other information deemed applicable by the representative organization consistent with paragraph (17) of subsection (a) of Section 25.

Section 55. Posting of information.

(a) Beginning March 1, 2026, and annually thereafter, the representative organization shall post on its website the list of carpet producers that registered with the representative organization, in accordance with subsection (d) of Section 45.

(b) Beginning January 1, 2026, and annually thereafter, for the benefit of assisting consumers who wish to find collection sites for recovering carpet, the Agency shall post on its website the location of all collection sites identified to the Agency by the representative organization in its plans and annual reports.

(c) Beginning May 1, 2027, and annually thereafter, the Agency shall post on its website copies of the annual reports required under Section 60.

Section 60. Annual carpet stewardship pilot program reports. By April 1, 2027, and by April 1 of each year thereafter, the representative organization shall submit a report to the Agency that includes, for the previous program year, a description of the carpet stewardship pilot program, including, but not limited to, the following:

(1) the amount of carpet sold by square feet and pounds in the affected counties during the reporting period by polymer type or nonpolymer material;

(2) a description of the methods used to collect, transport, and process old carpet in the affected counties, and a listing of the persons used to collect, transport, and process old carpet;

(3) identification of all old carpet collection sites in the pilot program counties and whether the requirement of paragraph (3) of subsection (a) of Section 25 has been met;

(4) the weight of all old carpet collected and managed through carpet reuse or carpet recovery in the pilot program counties, a comparison to the performance goals and carpet recovery rates established in the representative organization plan, and, if appropriate, an explanation stating the reason or reasons performance goals were not met;

(5) the weight of old carpet collected in the pilot program counties but not eligible for carpet reuse or carpet recovery and its ultimate disposition, and a comparison to the performance goals in the representative organization plan;

(6) the total cost of implementing the representative organization plan and a copy of the independent audit regarding the financial activities of the representative organization;

(7) a proposed budget for implementing the representative organization plan in the subsequent calendar year;

(8) an evaluation of the producers' funding mechanism and its ability to properly fund the implementation of the representative organization plan, including whether the incentive payments to collectors, processors, and end markets for managing carpet are adequate to ensure that the old carpet can be carpet reused or carpet recovered under the program;

(9) an identification of the facilities processing carpet, the weight processed at each facility, and each facility's processing capacity;

(10) an evaluation of the effectiveness of the representative organization plan, and anticipated steps, if needed, to improve performance; and

(11) samples of educational materials provided to consumers and carpet installers, and an evaluation of the effectiveness of the materials and the methods used to disseminate the materials. The evaluation shall include, but shall not be limited to, information on the number of consumers and carpet installers that received or viewed the educational materials, and any consumer and carpet installer survey data that may have been collected regarding the educational materials used.

Section 65. Administrative fee.

(a) The representative organization shall remit to the Agency an annual fee of $100,000 to be used for administrative costs pursuant to this Act. This amount shall be included in the annual budget for the representative organization plan. The representative organization shall reimburse the Comptroller for costs related to reviewing the annual carpet stewardship program audits.

(b) The representative organization shall pay the Agency's administrative fee under subsection (a) on or before January 1, 2026, and annually thereafter.

(c) The Agency shall deposit the fees collected under this Section into the Solid Waste Management Fund.

Section 70. Enforcement.

(a) On and after January 1, 2026, no producer, distributor, or retailer shall sell or offer for sale carpet to any person in this State if the producer of the carpet is not registered with the representative organization or has not remitted adequate funding pursuant to Section 45.

(b) No retailer or distributor shall be found in violation of the provisions of subsection (a) if, on the date the carpet was ordered from the producer or its agent, the producer was listed on the representative organization's website in accordance with the provisions of subsection (a) of Section 55.

(c) The Attorney General or the State's Attorney of the affected counties in which the violation occurred are authorized to seek a civil penalty in the amount of $5,000 per day for each violation against any producer who violates the registration requirements under subsection (d) of Section 45 or who fails to remit the funding under Section 45.

(d) The Attorney General or the State's Attorney of the county in which the violation occurred are authorized to seek a civil penalty in the amount of $5,000 per day for each violation against any producer, distributor, or retailer who sells or offers for sale carpet affected counties in this if the producer of the carpet is not registered with the representative organization under subsection (d) of Section 45 or has not remitted the required funding under Section 45.

(e) The penalties provided for in this Section may be recovered in a civil action. Any penalties collected under this Section in an action in which the Attorney General has prevailed shall be deposited into the Environmental Protection Trust Fund, to be used in accordance with the provisions of the Environmental Protection Trust Fund Act.

(f) The State's Attorney of the county in which the violation occurred, or the Attorney General, may, at the request of the Agency or on his or her own motion, institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of this Act or to require such other actions as may be to address violations of this Act.

(g) The State's Attorney of the county in which the violation occurred, or the Attorney General, may, at the request of the Agency or on his or her own motion, institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of this Act, any rule or regulation adopted under this Act, any permit or to require such other actions as may be to address violations of this Act or any rule or regulation adopted under this Act.

(h) Nothing in this Act prohibits a retailer or distributor from selling its inventory of carpet existing prior to January 1, 2026.

(i) Nothing in this Act mandates or otherwise requires and nothing in the representative organization plan shall mandate or otherwise require participation of the waste disposal industry in the carpet stewardship program created by this Act.

Section 95. Repeal. This Act is repealed on January 1, 2032.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.".