|
|
|
SB2313 Enrolled |
|
LRB095 19031 BDD 45208 b |
|
|
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 1. Short title. This Act may be cited as the |
5 |
| Electronic Products Recycling and Reuse Act.
|
6 |
| Section 5. Findings and purpose. |
7 |
| (a) The General Assembly finds all of the following: |
8 |
| (1) Electronic products are the fastest growing |
9 |
| portion of the solid waste stream. In 2005, 2,600,000 tons |
10 |
| of electronic products became obsolete yet only 13% of |
11 |
| those products were recycled. |
12 |
| (2) Many electronic products contain lead, mercury, |
13 |
| cadmium, hexavalent chromium, and other materials that |
14 |
| pose environmental and health risks that must be managed. |
15 |
| (3) Many obsolete electronic products can be recycled |
16 |
| or refurbished for reuse and then returned to the economic |
17 |
| mainstream in the form of raw materials or products. |
18 |
| (4) Electronic products contain metals, plastics, and |
19 |
| leaded glass that have resale value. The reuse of these |
20 |
| components conserves natural resources and energy, and the |
21 |
| reuse also reduces air and water pollution and greenhouse |
22 |
| gas emissions. |
23 |
| (5) A management is necessary to place the reuse and |
|
|
|
SB2313 Enrolled |
- 2 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| recycling of obsolete residential electronic products as |
2 |
| the preferred management strategy over incineration and |
3 |
| landfill disposal. |
4 |
| (6) The Illinois Recycling Economic Information Study |
5 |
| of 2001 estimates that the total economic impact of |
6 |
| establishing statewide recycling and reuse programs for |
7 |
| residential electronic products may result in the creation |
8 |
| of nearly 4,000 new jobs and $740 million in annual |
9 |
| receipts. |
10 |
| (7) The State-appointed Computer Equipment Disposal |
11 |
| and Recycling Commission issued a final report in May 2006 |
12 |
| recommending legislative, regulatory, or other actions to |
13 |
| properly address the recycling and reuse of obsolete |
14 |
| residential electronic products. |
15 |
| (b) The purpose of this Act is to set forth procedures by |
16 |
| which the recycling and processing for reuse of covered |
17 |
| electronic devices will be accomplished in Illinois. |
18 |
| Section 10. Definitions. As used in this Act: |
19 |
| "Agency" means the Environmental Protection Agency. |
20 |
| "Cathode-ray tube" means a vacuum tube or picture tube used |
21 |
| to convert an electronic signal into a visual image, such as a |
22 |
| television or computer monitor. |
23 |
| "Collector" means a person who receives covered electronic |
24 |
| devices or eligible electronic devices directly from a |
25 |
| residence for recycling or processing for reuse. "Collector" |
|
|
|
SB2313 Enrolled |
- 3 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| includes, but is not limited to, manufacturers, recyclers, and |
2 |
| refurbishers who receive CEDs or EEDs directly from the public. |
3 |
| "Computer", often referred to as a "personal computer" or |
4 |
| "PC", means a desktop or notebook computer as further defined |
5 |
| below and used only in a residence, but does not mean an |
6 |
| automated typewriter, electronic printer, mobile telephone, |
7 |
| portable hand-held calculator, portable digital assistant |
8 |
| (PDA), MP3 player, or other similar device. "Computer" does not |
9 |
| include computer peripherals, commonly known as cables, mouse, |
10 |
| or keyboard. "Computer" is further defined as either: |
11 |
| (1) "Desktop computer", which means an electronic, |
12 |
| magnetic, optical, electrochemical, or other high-speed |
13 |
| data processing device performing logical, arithmetic, or |
14 |
| storage functions for general purpose needs that are met |
15 |
| through interaction with a number of software programs |
16 |
| contained therein, and that is not designed to exclusively |
17 |
| perform a specific type of logical, arithmetic, or storage |
18 |
| function or other limited or specialized application. |
19 |
| Human interface with a desktop computer is achieved through |
20 |
| a stand-alone keyboard, stand-alone monitor, or other |
21 |
| display unit, and a stand-alone mouse or other pointing |
22 |
| device, and is designed for a single user. A desktop |
23 |
| computer has a main unit that is intended to be |
24 |
| persistently located in a single location, often on a desk |
25 |
| or on the floor. A desktop computer is not designed for |
26 |
| portability and generally utilizes an external monitor, |
|
|
|
SB2313 Enrolled |
- 4 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| keyboard, and mouse with an external or internal power |
2 |
| supply for a power source. Desktop computer does not |
3 |
| include an automated typewriter or typesetter; or |
4 |
| (2) "Notebook computer", which means an electronic, |
5 |
| magnetic, optical, electrochemical, or other high-speed |
6 |
| data processing device performing logical, arithmetic, or |
7 |
| storage functions for general purpose needs that are met |
8 |
| through interaction with a number of software programs |
9 |
| contained therein, and that is not designed to exclusively |
10 |
| perform a specific type of logical, arithmetic, or storage |
11 |
| function or other limited or specialized application. |
12 |
| Human interface with a notebook computer is achieved |
13 |
| through a keyboard, video display greater than 4 inches in |
14 |
| size, and mouse or other pointing device, all of which are |
15 |
| contained within the construction of the unit that |
16 |
| comprises the notebook computer; supplemental stand-alone |
17 |
| interface devices typically can also be attached to the |
18 |
| notebook computer. Notebook computers can use external, |
19 |
| internal, or batteries for a power source. Notebook |
20 |
| computer does not include a portable hand-held calculator, |
21 |
| or a portable digital assistant or similar specialized |
22 |
| device. A notebook computer has an incorporated video |
23 |
| display greater than 4 inches in size and can be carried as |
24 |
| one unit by an individual. A notebook computer is sometimes |
25 |
| referred to as a laptop computer.
|
26 |
| "Computer monitor" means an electronic device that is a |
|
|
|
SB2313 Enrolled |
- 5 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| cathode-ray tube or flat panel display primarily intended to |
2 |
| display information from a computer and is used only in a |
3 |
| residence. |
4 |
| "Covered electronic device" or "CED" means any computer, |
5 |
| computer monitor, television, or printer that is taken out of |
6 |
| service from a residence in this State regardless of purchase |
7 |
| location. "Covered electronic device" does not include any of |
8 |
| the following: |
9 |
| (1) an electronic device that is a part of a motor |
10 |
| vehicle or any component part of a motor vehicle assembled |
11 |
| by or for a vehicle manufacturer or franchised dealer, |
12 |
| including replacement parts for use in a motor vehicle; |
13 |
| (2) an electronic device that is functionally or |
14 |
| physically part of a larger piece of equipment or that is |
15 |
| taken out of service from an industrial, commercial |
16 |
| (including retail), library checkout, traffic control, |
17 |
| kiosk, security (other than household security), |
18 |
| governmental, agricultural, or medical setting, including |
19 |
| but not limited to diagnostic, monitoring, or control |
20 |
| equipment; or |
21 |
| (3) an electronic device that is contained within a |
22 |
| clothes washer, clothes dryer, refrigerator, refrigerator |
23 |
| and freezer, microwave oven, conventional oven or range, |
24 |
| dishwasher, room air conditioner, dehumidifier, water |
25 |
| pump, sump pump, or air purifier. |
26 |
| To the extent allowed under federal and State laws and |
|
|
|
SB2313 Enrolled |
- 6 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| regulations, a CED that is being collected, recycled, or |
2 |
| processed for reuse is not considered to be hazardous waste, |
3 |
| household waste, solid waste, or special waste. |
4 |
| "Developmentally disabled" means having a severe |
5 |
| disability, as defined by the Office of Rehabilitation Services |
6 |
| of the Illinois Department of Human Services, that can be |
7 |
| expected to result in death or that has lasted, or is expected |
8 |
| to last, at least 12 months and that prevents working at a |
9 |
| "substantial gainful activity" level.
|
10 |
| "Dismantling" means the demanufacturing and shredding of a |
11 |
| CED. |
12 |
| "Eligible electronic device" or "EED" means any of the |
13 |
| following electronic products taken out of service from a |
14 |
| residence in this State regardless of purchase location: mobile |
15 |
| telephone; computer cable, mouse, or keyboard; stand-alone |
16 |
| facsimile machine; MP3 player; portable digital assistant |
17 |
| (PDA); video game console, video cassette recorder/player, |
18 |
| digital video disk player, or similar video device; zip drive; |
19 |
| or scanner. To the extent allowed under federal and state laws |
20 |
| and regulations, an EED that is being collected, recycled, or |
21 |
| processed for reuse is not considered to be hazardous waste, |
22 |
| household waste, solid waste, or special waste. |
23 |
| "Low income children and families" mean those children and |
24 |
| families that are subject to the most recent version of the |
25 |
| United States Department of Health and Human Services Federal |
26 |
| Poverty Guidelines. |
|
|
|
SB2313 Enrolled |
- 7 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| "Manufacturer" means a person, or a successor in interest |
2 |
| to a person, under whose brand or label a CED is or was sold at |
3 |
| retail. For CEDs sold at retail under a brand or label that is |
4 |
| licensed from a person who is a mere brand owner and who does |
5 |
| not sell or produce the CED, the person who produced the CED or |
6 |
| his or her successor in interest is the manufacturer. For CEDs |
7 |
| sold that were at retail under the brand or label of both the |
8 |
| retail seller and the person that produced the CED, the person |
9 |
| that produced the CED, or his or her successor in interest, is |
10 |
| the manufacturer. A retail seller of CEDs may elect to be the |
11 |
| manufacturer of one or more CEDs if the retail seller provides |
12 |
| written notice to the Agency that it is accepting |
13 |
| responsibility as the manufacturer of the CED under this Act |
14 |
| and identifies the CEDs for which it is electing to be the |
15 |
| manufacturer. |
16 |
| "Municipal joint action agency" means a municipal joint |
17 |
| action agency created under Section 3.2 of the |
18 |
| Intergovernmental Cooperation Act.
|
19 |
| "Orphan CEDs" means those CEDs that are returned for |
20 |
| recycling, or processing for reuse, whose manufacturer cannot |
21 |
| be identified, or whose manufacturer is no longer conducting |
22 |
| business and has no successor in interest. |
23 |
| "Person" means any individual, partnership, |
24 |
| co-partnership, firm, company, limited liability company, |
25 |
| corporation, association, joint stock company, trust, estate, |
26 |
| political subdivision, State agency, or any other legal entity, |
|
|
|
SB2313 Enrolled |
- 8 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| or a legal representative, agent, or assign of that entity. |
2 |
| "Printer" means desktop printers, multifunction printer |
3 |
| copiers, and printer/fax combinations taken out of service from |
4 |
| a residence that are designed to reside on a work surface, and |
5 |
| include various print technologies, including without |
6 |
| limitation laser and LED (electrographic), ink jet, dot matrix, |
7 |
| thermal, and digital sublimation, and "multi-function" or |
8 |
| "all-in-one" devices that perform different tasks, including |
9 |
| without limitation copying, scanning, faxing, and printing. |
10 |
| Printers do not include floor-standing printers, printers with |
11 |
| optional floor stand, point of sale (POS) receipt printers, |
12 |
| household printers such as a calculator with printing |
13 |
| capabilities or label makers, or non-stand-alone printers that |
14 |
| are embedded into products that are not CEDs. |
15 |
| "Processing for reuse" means any method, technique, or |
16 |
| process by which CEDs or EEDs that would otherwise be disposed |
17 |
| of or discarded are instead separated, processed, and returned |
18 |
| to their original intended purposes or to other useful purposes |
19 |
| as electronic devices. |
20 |
| "Program Year" means a calendar year. The first program |
21 |
| year is 2010. |
22 |
| "Recycler" means a person who engages in the recycling of |
23 |
| CEDs or EEDs, but does not include telecommunications carriers, |
24 |
| telecommunications manufacturers, or commercial mobile service |
25 |
| providers with an existing recycling program. |
26 |
| "Recycling" means any method, technique, or process by |
|
|
|
SB2313 Enrolled |
- 9 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| which CEDs or EEDs that would otherwise be disposed of or |
2 |
| discarded are instead collected, separated, or processed and |
3 |
| are returned to the economic mainstream in the form of raw |
4 |
| materials or products. "Recycling" includes the collection, |
5 |
| transportation, dismantling, and shredding of the CEDs or EEDs. |
6 |
| "Refurbisher" means any person who processes CEDs or EEDs |
7 |
| for reuse, but does not include telecommunications carriers, |
8 |
| telecommunications manufacturers, or commercial mobile service |
9 |
| providers with an existing recycling program. |
10 |
| "Residence" means a dwelling place or home in which one or |
11 |
| more individuals live. |
12 |
| "Retailer" means a person who sells, rents, or leases, |
13 |
| through sales outlets, catalogues, or the Internet, computers, |
14 |
| computer monitors, or televisions at retail to individuals in |
15 |
| this State. For purposes of this Act, sales to individuals at |
16 |
| retail are considered to be sales for residential use. |
17 |
| "Retailer" includes, but is not limited to, manufacturers who |
18 |
| sell computers, computer monitors, or televisions at retail |
19 |
| directly to individuals in this State. |
20 |
| "Sale" means any retail transfer of title for consideration |
21 |
| of title including, but not limited to, transactions conducted |
22 |
| through sales outlets, catalogs, or the Internet or any other |
23 |
| similar electronic means but does not mean financing or |
24 |
| leasing. |
25 |
| "Television" means an electronic device (i) containing a |
26 |
| cathode-ray tube or flat panel screen the size of which is |
|
|
|
SB2313 Enrolled |
- 10 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| greater than 4 inches when measured diagonally, (ii) that is |
2 |
| intended to receive video programming via broadcast, cable, or |
3 |
| satellite transmission or to receive video from surveillance or |
4 |
| other similar cameras, and (iii) that is used only in a |
5 |
| residence. |
6 |
| Section 15. Statewide recycling and reuse goals for all |
7 |
| covered electronic devices. |
8 |
| (a) For program year 2010, the statewide recycling or reuse |
9 |
| goal for all CEDs is the product of: (i) the latest population |
10 |
| estimate for the State, as published on the U.S. Census |
11 |
| Bureau's website on January 1, 2010; multiplied by (ii) 2.5 |
12 |
| pounds per capita. |
13 |
| (b) For program year 2011, the statewide recycling or reuse |
14 |
| goal for all CEDs is the product of: (i) the 2010 base weight; |
15 |
| multiplied by (ii) the 2010 goal attainment percentage. |
16 |
| For the purposes of this subsection (b): |
17 |
| The "2010 base weight" means the greater of: (i) twice the |
18 |
| total weight of all CEDs that were recycled or processed for |
19 |
| reuse between January 1, 2010 and June 30, 2010 as reported to |
20 |
| the Agency under subsection (i) or (j) of Section 30; or (ii) |
21 |
| twice the total weight of all CEDs that were recycled or |
22 |
| processed for reuse between January 1, 2010 and June 30, 2010 |
23 |
| as reported to the Agency under subsection (c) of Section 55. |
24 |
| The "2010 goal attainment percentage" means: |
25 |
| (1) 90% if the 2010 base weight is less than 90% of the |
|
|
|
SB2313 Enrolled |
- 11 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| statewide recycling or reuse goal for program year 2010; |
2 |
| (2) 95% if the 2010 base weight is 90% or greater, but |
3 |
| does not exceed 95%, of the statewide recycling or reuse |
4 |
| goal for program year 2010; |
5 |
| (3) 100% if the 2010 base weight is 95% or greater, but |
6 |
| does not exceed 105%, of the statewide recycling or reuse |
7 |
| goal for program year 2010; |
8 |
| (4) 105% if the 2010 base weight is 105% or greater, |
9 |
| but does not exceed 110%, of the statewide recycling or |
10 |
| reuse goal for program year 2010; and |
11 |
| (5) 110% if the 2010 base weight is 110% or greater of |
12 |
| the statewide recycling or reuse goal for program year |
13 |
| 2010. |
14 |
| (c) For program years 2012 and thereafter, the statewide |
15 |
| recycling or reuse goal for all CEDs is the product of: (i) the |
16 |
| base weight; multiplied by (ii) the goal attainment percentage. |
17 |
| For the purposes of this subsection (c): |
18 |
| The "base weight" means the greater of: (i) the total |
19 |
| weight of all CEDs recycled or processed for reuse during the |
20 |
| previous program year as reported to the Agency under |
21 |
| subsection (k) or (l) of Section 30; or (ii) the total weight |
22 |
| of all CEDs recycled or processed for reuse during the previous |
23 |
| program year as reported to the Agency under subsection (d) of |
24 |
| Section 55. |
25 |
| The "goal attainment percentage" means: |
26 |
| (1) 90% if the base weight is less than 90% of the |
|
|
|
SB2313 Enrolled |
- 12 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| statewide recycling or reuse goal for the previous program |
2 |
| year; |
3 |
| (2) 95% if the base weight is 90% or greater, but does |
4 |
| not exceed 95%, of the statewide recycling or reuse goal |
5 |
| for the previous program year; |
6 |
| (3) 100% if the base weight is 95% or greater, but does |
7 |
| not exceed 105%, of the statewide recycling or reuse goal |
8 |
| for the previous program year; |
9 |
| (4) 105% if the base weight is 105% or greater, but |
10 |
| does not exceed 110%, of the statewide recycling or reuse |
11 |
| goal for the previous program year; and |
12 |
| (5) 110% if the base weight is 110% or greater of the |
13 |
| statewide recycling or reuse goal for the previous program |
14 |
| year. |
15 |
| Section 16. Statewide recycling or reuse goals for all |
16 |
| television manufacturers. |
17 |
| (a) For program year 2010, the statewide recycling or reuse |
18 |
| goal for television manufacturers is 53% of the statewide goal |
19 |
| for all CEDs under subsection (a) of Section 15. |
20 |
| (b) For program year 2011, the statewide recycling or reuse |
21 |
| goal for television manufacturers is the product of: (i) an |
22 |
| amount equal to the total weight of televisions that were |
23 |
| recycled or processed for reuse between January 1, 2010 and |
24 |
| June 30, 2010, as reported under subsection (i) of Section 30, |
25 |
| divided by the total weight of all CEDs that were recycled or |
|
|
|
SB2313 Enrolled |
- 13 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| processed for reuse between January 1, 2010 and June 30, 2010, |
2 |
| as reported under subsection (i) of Section 30; multiplied by |
3 |
| (ii) the statewide recycling or reuse goal for all CEDs under |
4 |
| subsection (b) of Section 15. |
5 |
| (c) For program years 2012 and thereafter, the statewide |
6 |
| recycling or reuse goal for television manufacturers is the |
7 |
| product of: (i) an amount equal to the total weight of |
8 |
| televisions recycled or processed for reuse during the previous |
9 |
| program year, as reported under subsection (d) of Section 20, |
10 |
| divided by the total weight of all CEDs recycled or processed |
11 |
| for reuse, as reported under subsection (d) of Section 20; |
12 |
| multiplied by (ii) the statewide recycling or reuse goal for |
13 |
| all CEDs under subsection (c) of Section 15. |
14 |
| Section 17. Statewide recycling or reuse goals for all |
15 |
| computer, computer monitor, and printer manufacturers. |
16 |
| (a) For program year 2010, the statewide recycling or reuse |
17 |
| goal for computer, computer monitor, and printer manufacturers |
18 |
| is 47% of the statewide goal for all CEDs under subsection (a) |
19 |
| of Section 15. |
20 |
| (b) For program year 2011, the statewide recycling or reuse |
21 |
| goal for computer, computer monitor, and printer manufacturers |
22 |
| is the product of: (i) an amount equal to the total weight of |
23 |
| computers, computer monitors, and printers that were recycled |
24 |
| or processed for reuse between January 1, 2010 and June 30, |
25 |
| 2010, as reported under subsection (j) of Section 30, divided |
|
|
|
SB2313 Enrolled |
- 14 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| by the total weight of all CEDs that were recycled or processed |
2 |
| for reuse between January 1, 2010 and June 30, 2010, as |
3 |
| reported under subsection (j) of Section 30; multiplied by (ii) |
4 |
| statewide recycling or reuse goal for all CEDs under subsection |
5 |
| (b) of Section 15. |
6 |
| (c) For program years 2012 and thereafter, the statewide |
7 |
| recycling or reuse goal for computer, computer monitor, and |
8 |
| printer manufacturers is the product of: (i) an amount equal to |
9 |
| the total weight of computers, computer monitors, and printers |
10 |
| recycled or processed for reuse during the previous program |
11 |
| year, as reported under subsection (d) of Section 20, divided |
12 |
| by the total weight of all CEDs recycled or processed for |
13 |
| reuse, as reported under subsection (d) of Section 20; |
14 |
| multiplied by (ii) statewide recycling or reuse goal for all |
15 |
| CEDs under subsection (c) of Section 15. |
16 |
| Section 18. Determination of market shares and return |
17 |
| shares. |
18 |
| (a) The recycling or reuse goal for each television |
19 |
| manufacturer is based upon that manufacturer's market share. |
20 |
| The market share for each television manufacturer is the |
21 |
| following: |
22 |
| (1) For program year 2010, the quotient of: (i) the |
23 |
| total weight of the manufacturer's televisions that were |
24 |
| sold at retail in this State to individuals between October |
25 |
| 1, 2008 and March 31, 2009, as reported under subsection |
|
|
|
SB2313 Enrolled |
- 15 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| (h) of Section 30; divided by (ii) the total weight of all |
2 |
| televisions that were sold at retail in this State to |
3 |
| individuals between October 1, 2008 and March 31, 2009, as |
4 |
| reported under subsection (h) of Section 30. |
5 |
| (2) For program year 2011, the quotient of: (i) the |
6 |
| total weight of the manufacturer's televisions that were |
7 |
| sold at retail in this State to individuals between January |
8 |
| 1, 2010 and June 30, 2010, as reported under subsection (i) |
9 |
| of Section 30; divided by (ii) the total weight of all |
10 |
| televisions that were sold at retail in this State to |
11 |
| individuals between January 1, 2010 and June 30, 2010, as |
12 |
| reported under subsection (i) of Section 30. |
13 |
| (3) For program years 2012 and thereafter, the quotient |
14 |
| of: (i) the total weight of the manufacturer's televisions |
15 |
| that were sold at retail in this State to individuals |
16 |
| during the previous program year, as reported under |
17 |
| subsection (k) of Section 30; divided by (ii) the total |
18 |
| weight of all televisions sold at retail in this State to |
19 |
| individuals during the previous program year, as reported |
20 |
| under subsection (k) of Section 30. |
21 |
| (b) The recycling or reuse goals for each manufacturer of |
22 |
| computers, computer monitors, or printers is based upon that |
23 |
| manufacturer's return share. The return share for each |
24 |
| manufacturer of computers or computer monitors is the |
25 |
| following: |
26 |
| (1) For program year 2010, the return share for each |
|
|
|
SB2313 Enrolled |
- 16 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| manufacturer shall be determined using
the information the |
2 |
| Florida Department of Environmental Protection used to |
3 |
| create its October 5, 2007, report entitled "Quantifying |
4 |
| Electronic Product Brand Market Share as a Metric for |
5 |
| Apportioning Manufacturer Share of Recycling System |
6 |
| Costs". Using the same information that was used to |
7 |
| generate Tables 6 and 9 of the report, a manufacturer's |
8 |
| return share shall be equal to the quotient of: (i) the sum |
9 |
| of the number of the manufacturer's computers received for |
10 |
| recycling plus the number of the manufacturer's computer |
11 |
| monitors received for recycling, plus the number of the |
12 |
| manufacturer's printers received for recycling, divided by |
13 |
| (ii) the sum of the total number of computers received for |
14 |
| recycling plus the total number of computer monitors |
15 |
| received for recycling, plus the sum of the total number of |
16 |
| printers received for recycling.
|
17 |
| (2) For program year 2011, the quotient of: (i) the |
18 |
| total weight of the manufacturer's computers, computer |
19 |
| monitors, and printers that were taken out of service from |
20 |
| a residence in this State and recycled or processed for |
21 |
| reuse between January 1, 2010 and June 30, 2010, as |
22 |
| reported under subsection (j) of Section 30; divided by |
23 |
| (ii) the total weight of all computers, computer monitors, |
24 |
| and printers that were taken out of service from a |
25 |
| residence in this State and recycled or processed for reuse |
26 |
| between January 1, 2010 and June 30, 2010, as reported |
|
|
|
SB2313 Enrolled |
- 17 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| under subsection (j) of Section 30. |
2 |
| (3) For program years 2012 and thereafter, the quotient |
3 |
| of: (i) the total weight of the manufacturer's computers, |
4 |
| computer monitors, and printers that were taken out of |
5 |
| service from a residence in this State and recycled or |
6 |
| processed for reuse during the previous program year, as |
7 |
| reported under subsection (l) of Section 30; divided by |
8 |
| (ii) the total weight of all computers, computer monitors, |
9 |
| and printers that were taken out of service from a |
10 |
| residence in this State and recycled or processed for reuse |
11 |
| during the previous program year, as reported under |
12 |
| subsection (l) of Section 30. |
13 |
| Section 19. Recycling or reuse goals for individual |
14 |
| manufacturers. |
15 |
| (a) The individual recycling and reuse goal for each |
16 |
| television manufacturer is the product of (i) the statewide |
17 |
| goal for the recycling and reuse for all television |
18 |
| manufacturers under Section 16; multiplied by (ii) that |
19 |
| manufacturer's market share under subsection (a) of Section 18. |
20 |
| (b) The individual recycling and reuse goal for each |
21 |
| manufacturer of computers, computer monitors, or printers is |
22 |
| the product of (i) the statewide goal for the recycling and |
23 |
| reuse for all all computer, computer monitor, and printer |
24 |
| manufacturers under Section 17; multiplied by (ii) that |
25 |
| manufacturer's return share under subsection (b) of Section 18. |
|
|
|
SB2313 Enrolled |
- 18 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| Section 20. Agency responsibilities. |
2 |
| (a) The Agency has the authority to monitor compliance with |
3 |
| this Act and to refer violations of this Act to the Attorney |
4 |
| General. |
5 |
| (b) No later than October 1 of each program year, the |
6 |
| Agency shall post on its website a list of underserved counties |
7 |
| in the State for the next program year. The list of underserved |
8 |
| counties for the first program year is set forth in subsection |
9 |
| (a) of Section 60. |
10 |
| (c) By July 1, 2009, the Agency shall implement a county |
11 |
| and municipal government education campaign to inform those |
12 |
| entities about this Act and the implications on solid waste |
13 |
| collection in their localities. |
14 |
| (d) By July 1, 2011 for the first program year, and by |
15 |
| April 1 for all subsequent program years, the Agency shall |
16 |
| report to the Governor and to the General Assembly annually on |
17 |
| the previous program year's performance. The report must be |
18 |
| posted on the Agency's website. The report must include, but |
19 |
| not be limited to, the following: |
20 |
| (1) the total overall weight of CEDs, as well as the |
21 |
| sub-total weight of computers, the sub-total weight of |
22 |
| computer monitors, the sub-total weight of printers, the |
23 |
| sub-total weight of televisions, and the total weight of |
24 |
| EEDs that were recycled or processed for reuse in the State |
25 |
| during the program year, as reported by manufacturers and |
|
|
|
SB2313 Enrolled |
- 19 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| collectors under Sections 30 and 55; |
2 |
| (2) a listing of all collection sites as set forth |
3 |
| under subsection (e) of Section 55; |
4 |
| (3) a statement of the manufacturers' progress toward |
5 |
| achieving the statewide recycling goal set forth in Section |
6 |
| 15 (calculated from the manufacturer reports pursuant to |
7 |
| Section 30 and the collector reports pursuant to Section |
8 |
| 55) and any identified State actions that may help expand |
9 |
| collection opportunities to help manufacturers achieve the |
10 |
| statewide recycling goal; |
11 |
| (4) a listing of any manufacturers whom the Agency |
12 |
| referred to the Attorney General's Office for enforcement |
13 |
| as a result of a violation of this Act; |
14 |
| (5) a discussion of the Agency's education and outreach |
15 |
| activities; and |
16 |
| (6) a discussion of the penalties, if any, incurred by |
17 |
| manufacturers for failure to achieve recycling goals, and a |
18 |
| recommendation to the General Assembly of any necessary or |
19 |
| appropriate changes to the statewide recycling goals, |
20 |
| manufacturer's recycling goals, or penalty provisions |
21 |
| included in this Act. |
22 |
| (e) The Agency shall post on its website (1) a list of |
23 |
| manufacturers that have paid the current year's registration |
24 |
| fee as set forth in Section 30(b) and (2) a list of registered |
25 |
| collectors to whom Illinois residents can bring CEDs and EEDs |
26 |
| for recycling or processing for reuse, including links to the |
|
|
|
SB2313 Enrolled |
- 20 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| collectors' websites and the collectors' phone numbers. |
2 |
| (f) In program years 2012, 2013, and 2014, and at its |
3 |
| discretion thereafter, the Agency shall convene and host an |
4 |
| Electronic Products Recycling Conference. The Agency may host |
5 |
| the conferences alone or with other public entities or with |
6 |
| organizations associated with electronic products recycling. |
7 |
| (g) No later than October 1 of each program year, the |
8 |
| Agency must post on its website the following information for |
9 |
| the next program year: |
10 |
| (1) The overall statewide recycling and reuse goal for |
11 |
| CEDs, as well as the sub-goals for televisions, and |
12 |
| computers, computer monitors, and printers as set forth in |
13 |
| Section 15. |
14 |
| (2) The market shares of television manufacturers and |
15 |
| the return shares of computer, computer monitor, and |
16 |
| printer manufacturers, as set forth in Section 18, and |
17 |
| (3) The individual recycling and reuse goals for each |
18 |
| manufacturer, as set forth in Section 19. |
19 |
| (h) By April 1, 2011, and by April 1 of all subsequent |
20 |
| years, the Agency shall recognize those manufacturers that have |
21 |
| met or exceeded their recycling or reuse goals for the previous |
22 |
| program year. Such recognition shall be the awarding to all |
23 |
| such manufacturers of an Electronic Industry Recycling Award, |
24 |
| which shall be recognized on the Agency website and other media |
25 |
| as appropriate. |
26 |
| (i) By March 1, 2011, and by March 1 of each subsequent |
|
|
|
SB2313 Enrolled |
- 21 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| year, the Agency shall post on its website a list of registered |
2 |
| manufacturers that have not met their annual recycling and |
3 |
| reuse goal for the previous program year.
|
4 |
| j) By July 1, 2012, the Agency shall solicit written |
5 |
| comments regarding all aspects of the program codified in this |
6 |
| Act, for the purpose of determining if the program requires any |
7 |
| modifications. |
8 |
| (1) Issues to be reviewed by the Agency are, but not |
9 |
| limited to, the following: |
10 |
| (A) Sufficiency of the annual statewide recycling |
11 |
| goals. |
12 |
| (B) Fairness of the formulas used to determine |
13 |
| individual manufacturer goals. |
14 |
| (C) Adequacy of, or the need for, continuation of |
15 |
| the credits outlined in Section 30(d)(1) through (3). |
16 |
| (D) Any temporary recissions of county landfill |
17 |
| bans granted by the Illinois Pollution Control Board |
18 |
| pursuant to Section 95(e). |
19 |
| (E) Adequacy of, or the need for, the penalties |
20 |
| listed in Section 80 of this Act, which are scheduled |
21 |
| to take effect on January 1, 2013. |
22 |
| (F) Adequacy of the collection systems that have |
23 |
| been implemented as a result of this Act, with a |
24 |
| particular focus on promoting the most cost-effective |
25 |
| and convenient collection system possible for Illinois |
26 |
| residents. |
|
|
|
SB2313 Enrolled |
- 22 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| (2) By July 1, 2012, the Agency shall complete its |
2 |
| review of the written comments received, as well as its own |
3 |
| reports on program years 2010 and 2011. By August 1, 2012, |
4 |
| the Agency shall hold a public hearing to present its |
5 |
| findings and solicit additional comments. All additional |
6 |
| comments shall be submitted to the Agency in writing no |
7 |
| later than October 1, 2012. |
8 |
| (3) The Agency's final report, which shall be issued no |
9 |
| later than February 1, 2013, shall be submitted to the |
10 |
| Governor and the General Assembly and shall include |
11 |
| specific recommendations for any necessary or appropriate |
12 |
| modifications to the program. |
13 |
| Section 30. Manufacturer responsibilities. |
14 |
| (a) Prior to April 1, 2009 for the first program year, and |
15 |
| by October 1 for program year 2011 and thereafter, |
16 |
| manufacturers whose computers, computer monitors, printers, or |
17 |
| televisions are sold in this State must register with the |
18 |
| Agency. The registration must be submitted in the form and |
19 |
| manner required by the Agency. The registration must include, |
20 |
| without limitation, all of the following: |
21 |
| (1) a list of all of the manufacturer's brands of |
22 |
| computers, computer monitors, printers, or televisions to |
23 |
| be offered for sale in the next program year; |
24 |
| (2) for manufacturers of both televisions and |
25 |
| computers, computer monitors, or printers, an |
|
|
|
SB2313 Enrolled |
- 23 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| identification of whether, for residential use, (i) |
2 |
| televisions or (ii) computers, computer monitors, and |
3 |
| printers, represent the larger number of units sold for the |
4 |
| manufacturer; and |
5 |
| (3) a statement disclosing whether: |
6 |
| (A) any computer, computer monitor, printer, or |
7 |
| television sold in this State exceeds the maximum |
8 |
| concentration values established for lead, mercury, |
9 |
| cadmium, hexavalent chromium, polybrominated biphenyls |
10 |
| (PBBs), and polybrominated diphenyl ethers (PBDEEs) |
11 |
| under the RoHS (restricting the use of certain |
12 |
| hazardous substances in electrical and electronic |
13 |
| equipment) Directive 2002/95/EC of the European |
14 |
| Parliament and Council and any amendments thereto and, |
15 |
| if so, an identification of that computer, computer |
16 |
| monitor, or television; or |
17 |
| (B) the manufacturer has received an exemption |
18 |
| from one or more of those maximum concentration values |
19 |
| under the RoHS Directive that has been approved and |
20 |
| published by the European Commission. |
21 |
| If, during the program year, a manufacturer's computer, |
22 |
| computer monitor, printer, or television is sold or offered for |
23 |
| sale under a new brand that is not listed in the manufacturer's |
24 |
| registration, then, within 30 days after the first sale or |
25 |
| offer for sale under the new brand, the manufacturer must amend |
26 |
| its registration to add the new brand. |
|
|
|
SB2313 Enrolled |
- 24 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| (b) Prior to July 1, 2009 for the first program year, and |
2 |
| by the November 1 preceding program years 2011 and later, all |
3 |
| manufacturers whose computers, computer monitors, or |
4 |
| televisions are sold in the State shall submit to the Agency, |
5 |
| at an address prescribed by the Agency, the registration fee |
6 |
| for the next program year. The registration fee for program |
7 |
| year 2010 is $5,000. |
8 |
| For program years 2011 and later, the registration fee is |
9 |
| increased each year by an inflation factor determined by the |
10 |
| annual Implicit Price Deflator for Gross National Product, as |
11 |
| published by the U.S. Department of Commerce in its Survey of |
12 |
| Current Business. The inflation factor must be calculated each |
13 |
| year by dividing the latest published annual Implicit Price |
14 |
| Deflator for Gross National Product by the annual Implicit |
15 |
| Price Deflator for Gross National Product for the previous |
16 |
| year. The inflation factor must be rounded to the nearest |
17 |
| 1/100th, and the resulting registration fee must be rounded to |
18 |
| the nearest whole dollar. No later than October 1 of each |
19 |
| program year, the Agency shall post on its website the |
20 |
| registration fee for the next program year. |
21 |
| (c) A manufacturer whose computers, computer monitors, |
22 |
| printers, or televisions are first sold or offered for sale in |
23 |
| this State on or after January 1 of a program year must |
24 |
| register with the Agency in accordance with subsection (a) of |
25 |
| this Section and submit the registration fee required under |
26 |
| subsection (b) of this Section prior to the manufacturer's |
|
|
|
SB2313 Enrolled |
- 25 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| computers, computer monitors, printers, or televisions being |
2 |
| sold or offered for sale. |
3 |
| (d) Each manufacturer shall recycle or process for reuse |
4 |
| CEDs and EEDs whose total weight equals or exceeds the |
5 |
| manufacturer's individual recycling and reuse goal set forth in |
6 |
| Section 19 of this Act. Individual consumers may not be charged |
7 |
| an end-of-life fee when bringing their CEDs and EEDs to |
8 |
| permanent or temporary collection locations, unless a |
9 |
| financial incentive of equal or greater value, such as a |
10 |
| coupon, is provided. Collectors may charge a fee for premium |
11 |
| services such as curbside collection, home pick-up, or a |
12 |
| similar method of collection. |
13 |
| When determining whether a manufacturer has met or exceeded |
14 |
| its individual recycling and reuse goal set forth in Section 19 |
15 |
| of this Act, all of the following adjustments must be made: |
16 |
| (1) The total weight of CEDs processed for reuse by the |
17 |
| manufacturer, its recyclers, or its refurbishers is |
18 |
| doubled. |
19 |
| (2) The total weight of CEDs is tripled if they are |
20 |
| donated for reuse by the manufacturer to a primary or |
21 |
| secondary public education institution or to a |
22 |
| not-for-profit entity that is established under Section |
23 |
| 501(c)(3) of the Internal Revenue Code of 1986 and whose |
24 |
| principal mission is to assist low-income children or |
25 |
| families or to assist the developmentally disabled in |
26 |
| Illinois. This subsection applies only to CEDs for which |
|
|
|
SB2313 Enrolled |
- 26 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| the manufacturer has received a written confirmation that |
2 |
| the recipient has accepted the donation. Copies of all |
3 |
| written confirmations must be submitted in the annual |
4 |
| report required under Section 30. |
5 |
| (3) The total weight of CEDs collected by manufacturers |
6 |
| free of charge in underserved counties is doubled. This |
7 |
| subsection applies only to CEDs that are documented by |
8 |
| collectors as being collected or received free of charge in |
9 |
| underserved counties. This documentation must include, |
10 |
| without limitation, the date and location of collection or |
11 |
| receipt, the weight of the CEDs collected or received, and |
12 |
| an acknowledgement by the collector that the CEDs were |
13 |
| collected or received free of charge. Copies of the |
14 |
| documentation must be submitted in the annual report |
15 |
| required under subsection (h), (i), (j), (k), or (l) of |
16 |
| Section 30. |
17 |
| (e) Manufacturers of computers, computer monitors, or |
18 |
| printers, either individually or collectively, shall hire an |
19 |
| independent third-party auditor to perform statistically |
20 |
| significant return share samples of CEDs received by recyclers |
21 |
| and refurbishers for recycling or processing for reuse. Each |
22 |
| third-party auditor shall perform a return share sample of CEDs |
23 |
| for at least one 8-hour period, once a quarter during the |
24 |
| program year at the facility of each registered recycler and |
25 |
| refurbisher under contract with the manufacturer or group of |
26 |
| manufacturers that has hired the auditor. The audit shall |
|
|
|
SB2313 Enrolled |
- 27 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| contain the following data: |
2 |
| (1) the number and weight of
CEDs, sorted by brand name |
3 |
| and product type, including a category for orphan CEDs; |
4 |
| (2) the total weight of the sample by product type; |
5 |
| (3) the date, location, and time of the
sampling; |
6 |
| (4) the name or names of the manufacturer for whom the |
7 |
| recycler is
performing activities under this Act; and |
8 |
| (5) a certification by the third-party auditor that
the |
9 |
| sampling is statistically significant and, if not, an |
10 |
| explanation as to what occurred to
render the sampling |
11 |
| insignificant. |
12 |
| The manufacturer shall notify the Agency 30 days prior to |
13 |
| the third-party auditor's return share sampling by providing |
14 |
| the Agency with the time and date on which the third-party |
15 |
| auditor will perform the return share sample. The Agency may, |
16 |
| at its discretion, be present at any sampling event and may |
17 |
| audit the methodology and the results of the third-party |
18 |
| auditor. |
19 |
| No less than 30 days after the close of each calendar |
20 |
| quarter, the manufacturer shall submit to the Agency the |
21 |
| results of the third-party samplings conducted during the |
22 |
| quarter. The results shall be submitted in the form and manner |
23 |
| required by the Agency. |
24 |
| (f) Manufacturers shall ensure that only recyclers and |
25 |
| refurbishers that have registered with the Agency are used to |
26 |
| meet the individual recycling and reuse goals set forth in this |
|
|
|
SB2313 Enrolled |
- 28 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| Act. |
2 |
| (g) Manufacturers shall ensure that the recyclers and |
3 |
| refurbishers used to meet the individual recycling and reuse |
4 |
| goals set forth in this Act shall, at a minimum, comply with |
5 |
| the standards set forth under subsection (d) of Section 50 of |
6 |
| this Act. |
7 |
| (h) By August 15, 2009, television manufacturers shall |
8 |
| submit to the Agency, in the form and manner required by the |
9 |
| Agency, a report that contains the total weight of televisions |
10 |
| sold under each of the manufacturer's brands to individuals at |
11 |
| retail in this State, as set forth in the reports to |
12 |
| manufacturers by retailers under subsection (c) of Section 40. |
13 |
| (i) No later than September 1, 2010, television |
14 |
| manufacturers must submit to the Agency, in the form and manner |
15 |
| required by the Agency, a report for the period January 1, 2010 |
16 |
| through June 30, 2010 that contains the following information: |
17 |
| (1) the total weight of televisions sold under each of |
18 |
| the manufacturer's brands to individuals at retail in this |
19 |
| State, as set forth in the reports submitted under |
20 |
| subsection (d) of Section 40; and |
21 |
| (2) the total weight of computers, the total weight of |
22 |
| computer monitors, the total weight of printers, the total |
23 |
| weight of televisions, and the total weight of EEDs |
24 |
| recycled or processed for reuse. |
25 |
| (j) By August 15, 2010, computer, computer monitor, and |
26 |
| printer manufacturers shall submit to the Agency, on forms and |
|
|
|
SB2313 Enrolled |
- 29 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| in a format prescribed by the Agency, a report for the period |
2 |
| January 1, 2010 through June 30, 2010 that contains the total |
3 |
| weight of computers, the total weight of computer monitors, the |
4 |
| total weight of printers, the total weight of televisions, and |
5 |
| the total weight of EEDs, recycled or processed for reuse. |
6 |
| (k) No later than April 1 of program years 2011 and |
7 |
| thereafter, television manufacturers shall submit to the |
8 |
| Agency, in the form and manner required by the Agency, a report |
9 |
| that contains the following information for the previous |
10 |
| program year: |
11 |
| (1) the total weight of televisions sold under each of |
12 |
| the manufacturer's brands to individuals at retail in this |
13 |
| State, as set forth in the reports submitted under |
14 |
| subsection (e) of Section 40; |
15 |
| (2) the total weight of computers, the total weight of |
16 |
| computer monitors, the total weight of printers, the total |
17 |
| weight of televisions, and the total weight of EEDs |
18 |
| recycled or processed for reuse; |
19 |
| (3) the identification of all weights that are adjusted |
20 |
| under subsection (d) of this Section. For all weights |
21 |
| adjusted under item (2) of subsection (d), the manufacturer |
22 |
| must include copies of the written confirmation required |
23 |
| under that subsection; |
24 |
| (4) a list of each recycler, refurbisher, and collector |
25 |
| used by the manufacturer to fulfill the manufacturer's |
26 |
| individual recycling and reuse goal set forth in Section 19 |
|
|
|
SB2313 Enrolled |
- 30 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| of this Act; |
2 |
| (5) a summary of the manufacturer's consumer education |
3 |
| program required under subsection (m) of this Section. |
4 |
| (l) No later than April 1 of program years 2011 and |
5 |
| thereafter, computer, computer monitor, and printer |
6 |
| manufacturers shall submit to the Agency, on forms and in a |
7 |
| format prescribed by the Agency, a report that contains the |
8 |
| following information for the previous program year: |
9 |
| (1) the total weight of computers, the total weight of |
10 |
| computer monitors, the total weight of printers, the total |
11 |
| weight of televisions, and the total weight of EEDs |
12 |
| recycled or processed for reuse; |
13 |
| (2) the identification of all weights that are adjusted |
14 |
| under subsection (d) of this Section. For all weights |
15 |
| adjusted under item (2) of subsection (d), the manufacturer |
16 |
| must include copies of the written confirmation required |
17 |
| under that subsection; |
18 |
| (3) a list of each recycler, refurbisher, and collector |
19 |
| used by the manufacturer to fulfill the manufacturer's |
20 |
| individual recycling and reuse goal set forth in subsection |
21 |
| (c) of Section 15 of this Act;
and |
22 |
| (4) a summary of the manufacturer's consumer education |
23 |
| program required under subsection (m) of this Section.
|
24 |
| (m) Manufacturers must develop and maintain a consumer |
25 |
| education program that complements and corresponds to the |
26 |
| primary retailer-driven campaign required under Section 40 of |
|
|
|
SB2313 Enrolled |
- 31 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| this Act. The education program shall promote the recycling of |
2 |
| electronic products and proper end-of-life management of the |
3 |
| products by consumers. |
4 |
| (n) Beginning January 1 2010, no manufacturer may sell a |
5 |
| computer, computer monitor, printer, or television in this |
6 |
| State unless the manufacturer is registered with the State as |
7 |
| required under this Act, has paid the required registration |
8 |
| fee, and is otherwise in compliance with the provisions of this |
9 |
| Act. |
10 |
| (o) Beginning January 1, 2010, no manufacturer may sell a |
11 |
| computer, computer monitor, printer, or television in this |
12 |
| State unless the manufacturer's brand name is permanently |
13 |
| affixed to, and is readily visible on, the computer, computer |
14 |
| monitor, printer, or television. |
15 |
| Section 40. Retailer responsibilities. |
16 |
| (a) Retailers shall be a primary source of information |
17 |
| about end-of-life options to residential consumers of |
18 |
| computers, computer monitors, printers, and televisions. At |
19 |
| the time of sale, the retailer shall provide each residential |
20 |
| consumer with information from the Agency's website that |
21 |
| provides information detailing where and how a consumer can |
22 |
| recycle a CED or return a CED for reuse. |
23 |
| (b) Beginning January 1, 2010, no retailer may sell or |
24 |
| offer for sale any computer, computer monitor, printer, or |
25 |
| television in or for delivery into this State unless: |
|
|
|
SB2313 Enrolled |
- 32 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| (1) the computer, computer monitor, printer, or |
2 |
| television is labeled with a brand and the label is
|
3 |
| permanently affixed and readily visible; and |
4 |
| (2) the manufacturer is registered with the Agency and |
5 |
| has paid the required registration fee as required under |
6 |
| Section 20 of this Act. |
7 |
| This subsection (b) does not apply to any computer, computer |
8 |
| monitor, printer, or television that was purchased prior to |
9 |
| January 1, 2010. |
10 |
| (c) By July 1, 2009, retailers shall report to each |
11 |
| television manufacturer, by model, the number of televisions |
12 |
| sold at retail to individuals in this State under each of the |
13 |
| manufacturer's brands during the 6-month period from October 1, |
14 |
| 2008 through March 31, 2009. |
15 |
| (d) By August 1, 2010, retailers shall report to each |
16 |
| television manufacturer, by model, the number of televisions |
17 |
| sold at retail to individuals in this State under each of the |
18 |
| manufacturer's brands between January 1, 2010 and June 30, |
19 |
| 2010. |
20 |
| (e) No later than February 15 of each program year, |
21 |
| retailers shall report to each television manufacturer, by |
22 |
| model, the number of televisions sold at retail to individuals |
23 |
| in this State under each of the manufacturer's brands during |
24 |
| the previous program year. |
25 |
| Section 50. Recycler and refurbisher registration. |
|
|
|
SB2313 Enrolled |
- 33 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| (a) Prior to January 1 of each program year, each recycler |
2 |
| and refurbisher must register with the Agency and submit a |
3 |
| registration fee pursuant to subsection (b) for that program |
4 |
| year. Registration must be on forms and in a format prescribed |
5 |
| by the Agency and shall include, but not be limited to, the |
6 |
| address of each location where the recycler or refurbisher |
7 |
| manages CEDs or EEDs and identification of each location at |
8 |
| which the recycler or refurbisher accepts CEDs or EEDs from a |
9 |
| residence. |
10 |
| (b) The registration fee for program year 2010 is $2,000. |
11 |
| For program years 2011 and thereafter, the registration fee is |
12 |
| increased each year by an inflation factor determined by the |
13 |
| annual Implicit Price Deflator for Gross National Product as |
14 |
| published by the U.S. Department of Commerce in its Survey of |
15 |
| Current Business. The inflation factor must be calculated each |
16 |
| year by dividing the latest published annual Implicit Price |
17 |
| Deflator for Gross National Product by the annual Implicit |
18 |
| Price Deflator for Gross National Product for the previous |
19 |
| year. The inflation factor must be rounded to the nearest |
20 |
| 1/100th, and the resulting registration fee must be rounded to |
21 |
| the nearest whole dollar. No later than October 1 of each |
22 |
| program year, the Agency shall post on its website the |
23 |
| registration fee for the next program year. |
24 |
| (c) No person may act as a recycler or a refurbisher of |
25 |
| CEDs for a manufacturer obligated to meet goals under this Act |
26 |
| unless the recycler or refurbisher is registered and has paid |
|
|
|
SB2313 Enrolled |
- 34 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| the registration fee as required under this Section. |
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 |
|
|
|
SB2313 Enrolled |
- 35 - |
LRB095 19031 BDD 45208 b |
|
|
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. |
|
|
|
SB2313 Enrolled |
- 36 - |
LRB095 19031 BDD 45208 b |
|
|
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 |
|
|
|
SB2313 Enrolled |
- 37 - |
LRB095 19031 BDD 45208 b |
|
|
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 |
|
|
|
SB2313 Enrolled |
- 38 - |
LRB095 19031 BDD 45208 b |
|
|
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 |
|
|
|
SB2313 Enrolled |
- 39 - |
LRB095 19031 BDD 45208 b |
|
|
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 |
|
|
|
SB2313 Enrolled |
- 40 - |
LRB095 19031 BDD 45208 b |
|
|
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 |
| Section 55. Collector responsibilities. |
12 |
| (a) No later than January 1 of each program year, |
13 |
| collectors that collect or receive CEDs or EEDs for one or more |
14 |
| manufacturers, recyclers, or refurbishers shall register with |
15 |
| the Agency. Registration must be in the form and manner |
16 |
| required by the Agency and must include, without limitation, |
17 |
| the address of each location where CEDs or EEDs are received |
18 |
| and the identification of each location at which the collector |
19 |
| accepts CEDs or EEDs from a residence. |
20 |
| (b) Manufacturers, recyclers, refurbishers also acting as |
21 |
| collectors shall so indicate on their registration under |
22 |
| Section 30 or 50 and not register separately as collectors. |
23 |
| (c) No later than August 15, 2010, collectors must submit |
24 |
| to the Agency, on forms and in a format prescribed by the |
25 |
| Agency, a report for the period from January 1, 2010 through |
|
|
|
SB2313 Enrolled |
- 41 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| June 30, 2010 that contains the following information: the |
2 |
| total weight of computers, the total weight of computer |
3 |
| monitors, the total weight of televisions, and the total weight |
4 |
| of EEDs collected or received for each manufacturer. |
5 |
| (d) No later than May 1 of each program year, collectors |
6 |
| must submit to the Agency, on forms and in a format prescribed |
7 |
| by the Agency, a report that contains the following information |
8 |
| for the previous program year: |
9 |
| (1) the total weight of computers, the total weight of |
10 |
| computer monitors, the total weight of televisions, and the |
11 |
| total weight of EEDs collected or received for each |
12 |
| manufacturer during the program year. |
13 |
| (2) a list of each recycler and refurbisher that |
14 |
| received CEDs and EEDs from the collector and the total |
15 |
| weight each recycler and refurbisher received. |
16 |
| (3) the address of each collector's facility where the |
17 |
| CEDs and EEDs were collected or received. Each facility |
18 |
| address must include the county in which the facility is |
19 |
| located. |
20 |
| (e) Collectors may accept no more than 10 CEDs or EEDs at |
21 |
| one time from individual members of the public and, when |
22 |
| scheduling collection events, shall provide no fewer than 30 |
23 |
| days' notice to the county waste agency of those events. |
24 |
| Section 60. Collection strategy for underserved counties. |
25 |
| (a) For program year 2010, all counties in this State |
|
|
|
SB2313 Enrolled |
- 42 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| except the following are considered underserved: Champaign, |
2 |
| Clay, Clinton, Cook, DuPage, Fulton, Hancock, Henry, Jackson, |
3 |
| Kane, Kendall, Knox, Lake, Livingston, Macoupin, McDonough, |
4 |
| McHenry, McLean, Mercer, Peoria, Rock Island, St. Clair, |
5 |
| Sangamon, Schuyler, Stevenson, Warren, Will, Williamson, and |
6 |
| Winnebago. |
7 |
| (b) For program years 2011 and later, underserved counties |
8 |
| shall be counties in this State that, during the program year 2 |
9 |
| years prior, were not served by a minimum of one collection |
10 |
| site that (i) accepted all types of CEDs and EEDs and (ii) was |
11 |
| open for a minimum of 8 hours on at least one day per month of |
12 |
| that program year. For the purposes of this subsection (b), |
13 |
| 2009 shall be considered to have been a program year, and for |
14 |
| the program year 2012 the determination of whether a county is |
15 |
| underserved shall be based on the criteria of this subsection |
16 |
| (b) instead of the county's inclusion in the list set forth in |
17 |
| subsection (a) of this Section. |
18 |
| Section 65. State government procurement. |
19 |
| (a) The Department of Central Management Services shall |
20 |
| ensure that all bid specifications and contracts for the |
21 |
| purchase or lease of desktop computers, laptop or notebook |
22 |
| computers, and computer monitors, by State agencies under a |
23 |
| statewide master contract require that the electronic products |
24 |
| have a Bronze performance tier or higher registration under the |
25 |
| Electronic Product Environmental Assessment Tool ("EPEAT") |
|
|
|
SB2313 Enrolled |
- 43 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| operated by the Green Electronics Council. |
2 |
| (b) The Department of Central Management Services shall |
3 |
| ensure that bid specifications and contracts for the purchase |
4 |
| or lease of televisions and printers by State agencies under a |
5 |
| statewide master contract require that the televisions have a |
6 |
| Bronze performance tier or higher registration under EPEAT if |
7 |
| the Department determines that there are an adequate number of |
8 |
| the televisions registered under EPEAT to provide a |
9 |
| sufficiently competitive bidding environment. |
10 |
| (c) This Section applies to bid specifications issued, and |
11 |
| contracts entered into, on or after January 1, 2010. |
12 |
| Section 70. Relation to federal law. Following the adoption |
13 |
| of a federal law or regulation that establishes mandated |
14 |
| recycling goals for CEDs that equal or exceed the goals set |
15 |
| forth in this Act, the Agency shall notify the General Assembly |
16 |
| of the federal law or regulation and recommend the repeal of |
17 |
| this Act. |
18 |
| Section 75. Severability. The provisions of this Act are |
19 |
| severable under Section 1.31 of the Statute on Statutes. |
20 |
| Section 80. Penalties. |
21 |
| (a) Except as otherwise provided in this Act, any person |
22 |
| who violates any provision of this Act or fails to perform any |
23 |
| duty under this Act is liable for a civil penalty not to exceed |
|
|
|
SB2313 Enrolled |
- 44 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| $1,000 for the violation and an additional civil penalty not to |
2 |
| exceed $1,000 for each day the violation continues and is |
3 |
| liable for a civil penalty not to exceed $5,000 for a second or |
4 |
| subsequent violation and an additional civil penalty not to |
5 |
| exceed $1,000 for each day the second or subsequent violation |
6 |
| continues. |
7 |
| (b) A manufacturer that is not registered with the Agency |
8 |
| as required under this Act, or that has not paid the |
9 |
| registration fee as required under this Act, is liable for a |
10 |
| civil penalty not to exceed $10,000 for the violation and an |
11 |
| additional civil penalty not to exceed $10,000 for each day the |
12 |
| violation continues. |
13 |
| (c) A manufacturer in violation of subsection (d) of |
14 |
| Section 30 of this Act in program year 2012 or thereafter is |
15 |
| liable for a civil penalty equal to the following: |
16 |
| (1) In program year 2012, if the total weight of CEDs |
17 |
| and EEDs recycled or processed for reuse by the |
18 |
| manufacturer is less than 60% of the manufacturer's |
19 |
| individual recycling or reuse goal set forth in Section 19 |
20 |
| of this Act, the manufacturer shall pay a penalty equal to |
21 |
| the product of: (i) $0.70 per pound; multiplied by (ii) the |
22 |
| difference between the manufacturer's individual recycling |
23 |
| or reuse goal and the total weight of CEDs and EEDs |
24 |
| recycled or processed for reuse by the manufacturer during |
25 |
| the program year. |
26 |
| (2) In program year 2013, and each year thereafter, if |
|
|
|
SB2313 Enrolled |
- 45 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| the total weight of CEDs and EEDs recycled or processed for |
2 |
| reuse by the manufacturer less than 75% of the |
3 |
| manufacturer's individual recycling or reuse goal set |
4 |
| forth in Section 19 of this Act, the manufacturer shall pay |
5 |
| a penalty equal to the product of: (i) $0.70 per pound; |
6 |
| multiplied by (ii) the difference between the |
7 |
| manufacturer's individual recycling or reuse goal and the |
8 |
| total weight of CEDs and EEDs recycled or processed for |
9 |
| reuse by the manufacturer during the program year. |
10 |
| (d) Beginning January 1, 2010, a manufacturer in violation |
11 |
| of subsection (e), (h), (i), (j), (k), or (l) of Section 30 is |
12 |
| liable for a civil penalty not to exceed $5,000 for the |
13 |
| violation. |
14 |
| (e) Any person in violation of Section 50 of this Act is |
15 |
| liable for a civil penalty not to exceed $5,000 for the |
16 |
| violation. |
17 |
| (f) A knowing violation of subsections (a) and (c) of |
18 |
| Section 95 of this Act is a petty offense punishable by a fine |
19 |
| of $100. |
20 |
| (g) The penalties provided for in this Act may be recovered |
21 |
| in a civil action brought by the Attorney General in the name |
22 |
| of the People of the State of Illinois. Any moneys collected |
23 |
| under this Section in which the Attorney General has prevailed |
24 |
| may be deposited into the Electronic Recycling Fund, |
25 |
| established under this Act. |
26 |
| (h) The Attorney General, at the request of the Agency or |
|
|
|
SB2313 Enrolled |
- 46 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| on his or her own motion, may institute a civil action for an |
2 |
| injunction, prohibitory or mandatory, to restrain violations |
3 |
| of this Act or to require such actions as may be necessary to |
4 |
| address violations of this Act. |
5 |
| (i) The penalties and injunctions provided in this Act are |
6 |
| in addition to any penalties, injunctions, or other relief |
7 |
| provided under any other law. Nothing in this Act bars a cause |
8 |
| of action by the State for any other penalty, injunction, or |
9 |
| relief provided by any other law. |
10 |
| Section 85. Electronics Recycling Fund. The Electronics |
11 |
| Recycling Fund is created as a special fund in the State |
12 |
| treasury. The Agency shall deposit all registration fees |
13 |
| received under this Act into the Fund. All amounts held in the |
14 |
| Fund shall be invested at interest by the State Treasurer. All |
15 |
| income earned from the investments shall be deposited into the |
16 |
| Electronics Recycling Fund no less frequently than quarterly. |
17 |
| Pursuant to appropriation, all moneys in the Electronics |
18 |
| Recycling Fund may be used by the Agency for its administration |
19 |
| of this Act. Any moneys appropriated from the Electronics |
20 |
| Recycling Fund, but not obligated, shall revert to the Fund. |
21 |
| Section 90. Relation to other State laws. Nothing in this |
22 |
| Act affects the validity or application of any other law of |
23 |
| this State, or regulations adopted thereunder. |
|
|
|
SB2313 Enrolled |
- 47 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| Section 95. Landfill ban. |
2 |
| (a) Except as may be provided pursuant to subsection (e) of |
3 |
| this Section, and beginning January 1, 2012, no person may |
4 |
| knowingly cause or allow the mixing of a CED, or any other |
5 |
| computer, computer monitor, printer, or television with |
6 |
| municipal waste that is intended for disposal at a landfill. |
7 |
| (b) Except as may be provided pursuant to subsection (e) of |
8 |
| this Section, and beginning January 1, 2012, no person may |
9 |
| knowingly cause or allow the disposal of a CED or any other |
10 |
| computer, computer monitor, printer, or television in a |
11 |
| sanitary landfill. |
12 |
| (c) Beginning January 1, 2012, no person may knowingly |
13 |
| cause or allow the mixing of a CED, or any other computer, |
14 |
| computer monitor, printer, or television with waste that is |
15 |
| intended for disposal by burning or incineration. |
16 |
| (d) Beginning January 1, 2012, no person may knowingly |
17 |
| cause or allow the burning or incineration of a CED, or any |
18 |
| other computer, computer monitor, printer, or television. |
19 |
| (e) Beginning April 1, 2012 but no later than December 31, |
20 |
| 2013, the Illinois Pollution Control Board (Board) is |
21 |
| authorized to review temporary CED landfill ban waiver |
22 |
| petitions by county governments or municipal joint action |
23 |
| agencies (action agencies) and determine whether the |
24 |
| respective county's or action agency's jurisdiction may be |
25 |
| granted a temporary CED landfill ban waiver due to a lack of |
26 |
| funds and a lack of collection opportunities to collect CEDs |
|
|
|
SB2313 Enrolled |
- 48 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| and EEDs within the county's or action agency's jurisdiction. |
2 |
| If the Board grants a waiver under this subsection (e), |
3 |
| subsections (a) and (b) of this Section shall not apply to CEDs |
4 |
| and EEDs that are taken out of service from residences within |
5 |
| the jurisdiction of the county or action agency receiving the |
6 |
| waiver and disposed of during the remainder of the program year |
7 |
| in which the petition is filed. |
8 |
| (1) The petition from the county or action agency shall |
9 |
| include the following: |
10 |
| (A) documentation of the county's or action |
11 |
| agency's attempts to gain funding, as well as the total |
12 |
| funding obtained, for the collection of CEDs and EEDs |
13 |
| in its jurisdiction from manufacturers or other units |
14 |
| of government in the State; and
|
15 |
| (B) an assessment of other collection |
16 |
| opportunities in the county's or action agency's |
17 |
| jurisdiction demonstrating insufficient capacity for |
18 |
| the anticipated volume of CEDs and EEDs for the |
19 |
| remainder of the program year in which the petition is |
20 |
| being filed.
|
21 |
| (2) In addition to the criteria listed in item (1), the |
22 |
| Board shall consider the following additional criteria |
23 |
| when reviewing a petition:
|
24 |
| (A) total weight of CEDs and EEDs collected in the |
25 |
| county's or action agency's jurisdiction during all |
26 |
| preceding program years;
|
|
|
|
SB2313 Enrolled |
- 49 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| (B) total weight of CEDs and EEDs collected in the |
2 |
| county's or action agency's jurisdiction during the |
3 |
| year in which the petition is filed; and
|
4 |
| (C) the projected difference in weight between |
5 |
| prior program years and the year in which the petition |
6 |
| is filed.
|
7 |
| (3) Within 60 days after the filing of the petition |
8 |
| with the Board, the Board shall determine, based on the |
9 |
| criteria in items (1) and (2), whether a temporary CED |
10 |
| landfill ban waiver shall be granted to the respective |
11 |
| county or action agency for the remainder of the program |
12 |
| year in which the petition is filed. The Board's decision |
13 |
| to grant such a waiver shall be based upon a showing by |
14 |
| clear and convincing evidence that a county or action |
15 |
| agency has a lack of funds and its respective jurisdiction |
16 |
| lacks sufficient collection opportunities to collect CEDs |
17 |
| and EEDs. If the Board denies the petition for a landfill |
18 |
| ban waiver, the Board's order shall be final and |
19 |
| immediately appealable to the circuit court having |
20 |
| jurisdiction over the petitioner.
|
21 |
| (4) Within 5 days after granting a temporary CED |
22 |
| landfill ban waiver, the Board shall provide written notice |
23 |
| to the Agency of the Board's decision. The notice shall be |
24 |
| provided at least 15 days prior to the waiver taking |
25 |
| effect.
|
26 |
| (5) Any county or action agency granted a temporary CED |
|
|
|
SB2313 Enrolled |
- 50 - |
LRB095 19031 BDD 45208 b |
|
|
1 |
| landfill ban waiver shall, within 7 days after receiving |
2 |
| the waiver, inform all solid waste haulers and landfill |
3 |
| operators used by the county or action agency for solid |
4 |
| waste disposal that a waiver has been granted for the |
5 |
| remainder of the program year. The notification shall be |
6 |
| provided to the solid waste haulers and landfill operators |
7 |
| at least 15 days prior to the waiver taking effect.
|
8 |
| (6) Between April 1, 2012 and December 31, 2013, if a |
9 |
| temporary CED landfill ban waiver has been granted to a |
10 |
| petitioner, no person disposing of a CED shall be subject |
11 |
| to any enforcement proceeding unless he or she disposes of |
12 |
| the CED with knowledge that the CED is from a county or |
13 |
| action agency that has not received a temporary CED |
14 |
| landfill ban waiver.
|
15 |
| Section 900. The State Finance Act is amended by adding |
16 |
| Section 5.708 as follows: |
17 |
| (30 ILCS 105/5.708 new) |
18 |
| Sec. 5.708. The Electronics Recycling Fund. |
19 |
| Section 999. Effective date. This Act takes effect upon |
20 |
| becoming law. |