SB1028sam002 94TH GENERAL ASSEMBLY

Sen. James F. Clayborne Jr.

Filed: 5/27/2005

09400SB1028sam002 LRB094 04721 RSP 47209 a

AMENDMENT TO SENATE BILL 1028

AMENDMENT NO. ______. Amend Senate Bill 1028 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Mercury Switch Removal Act.

Section 5. Legislative findings. The General Assembly finds:

(1) That mercury is a persistent and toxic pollutant that bioaccumulates in the environment.

(2) That 41 states, including Illinois, have issued fish advisories that warn certain individuals to restrict or avoid consuming fish from bodies of water contaminated with mercury.

(3) That automobile manufacturers ended their use of mercury switches in new vehicles with the model year 2003, but that a significant number of mercury switches still exist in U.S. motor vehicles currently on the road.

(4) That mercury switches can be vaporized and released into the environment if scrap metal, which includes shredded end-of-life vehicles, is melted in furnaces to make new steel and these switches are not properly removed by vehicle and steel recyclers.

(5) That removing mercury switches from vehicles before they are crushed or shredded is an effective way of preventing vehicle switch mercury from entering steel making furnaces, thereby reducing emissions into the environment.

(6) That statewide mercury switch collection programs, in which mercury switches are removed before end-of-life vehicles are reused as scrap metal, are being considered as one method of reducing steel making furnace mercury emissions.

(7) That it is in the public interest of the residents of Illinois to reduce the quantity of mercury in the environment by removing switches from vehicles before they are scrapped.

Section 10. Purpose. The purpose of this Act is to reduce the quantity of mercury in the environment by removing mercury switches from end-of-life vehicles and by creating a collection and recovery program for mercury switches removed from end-of-life vehicles in this State.

Section 15. Definitions. For the purposes of this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Board" means the Pollution Control Board.

"Capture rate" means the annual number of mercury switches removed, collected, and recovered, calculated as a percentage of the total number of mercury switches reported in Section 40.

"End-of-life vehicle" means any vehicle that is sold, given, or otherwise conveyed to a vehicle recycler or scrap recycling facility for the purpose of recycling.

"Manufacturer" means a person that is the last person in the production or assembly process of a new motor vehicle that uses mercury switches or, in the case of an imported vehicle, the importer or domestic distributor of the vehicle. "Manufacturer" does not include any person engaged in the business of selling new motor vehicles at retail or converting or modifying new motor vehicles after the production or assembly process.

"Mercury switch" means a mercury-containing capsule, commonly known as a "bullet", that is part of a convenience light switch assembly installed by a manufacturer.

"Person" means any individual, firm, association, partnership, corporation, governmental entity, organization, combination, joint venture, or other legal entity, however organized.

"Scrap recycling facility" means a fixed location where machinery and equipment are used for processing and manufacturing scrap metal into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap that is for sale for remelting and recycling purposes.

"Vehicle" means any passenger automobile or passenger car, station wagon, truck, van, or sport utility vehicle with a gross vehicle weight rating of less than 12,000 pounds.

"Vehicle recycler" means any individual or entity engaged in the business of acquiring, dismantling, or destroying 6 or more vehicles in a calendar year for the primary purpose of recycling, and resale of the parts.

Section 20. Mercury switch removal program.

(a) Ninety days after adoption of the rule required in Section 60, a mercury switch removal program shall be implemented that provides the following:

(1) Information provided by manufacturers identifying vehicles that may contain one or more mercury switches; a description of the mercury switches; the locations of these switches; and the safe and environmentally sound methods for the removal of mercury switches from end-of-life vehicles.

(2) Educational materials provided by manufacturers to assist a vehicle recycler or a scrap recycling facility in undertaking a safe and environmentally sound method for the removal of mercury switches from end-of-life vehicles, including information on the hazards related to, and the proper handling of, mercury.

(3) The removal of mercury switches from end-of-life vehicles by vehicle recyclers and scrap recycling facilities.

(4) Procedures established by the Agency to compensate vehicle recyclers and scrap recycling facilities for the removal of mercury switches from end-of-life vehicles.

(5) Methods provided by manufacturers for the storage or disposal of the mercury switches, including the method of packaging and shipping mercury switches to authorized recycling, storage or disposal facilities; and

(6) Methods provided by the manufacturers for the storage of mercury switches collected and recovered from end-of-life vehicles if environmentally appropriate management technologies are not available.

(b) The mercury switch removal program shall be designed with the goal of achieving a mercury switch capture rate of at least 90%, consistent with the principle that mercury switches shall be removed, unless the mercury switch is inaccessible due to significant damage to the end-of-life vehicle in which the mercury switch is located.

(c) To the extent practical, a mercury switch recovery program shall use the existing end-of-life vehicle recycling infrastructure. If the existing end-of-life vehicle recycling infrastructure is not used, the mercury switch removal program shall include the reasons for establishing a separate infrastructure.

Section 25. Program costs borne by manufacturers. The following program costs must be borne by a manufacturer of vehicles sold in Illinois, either individually or as part of a group of manufacturers:

(a) the cost of preparation of educational materials and the distribution of these materials to vehicle recyclers and scrap recycling facilities;

(b) the cost of containers suitable for the safe storage of mercury switches by vehicle recyclers and scrap recycling facilities, and the cost of distributing the containers to vehicle recyclers and scrap recycling facilities;

(c) the cost of collecting, packaging, and shipping mercury switches to recycling, storage, or disposal facilities;

(d) the cost of recycling, storage, or disposal of mercury switches that have been removed from vehicles in Illinois;

(e) $3 for each mercury switch removed in this State by a vehicle recycler pursuant to Section 30 of this Act as partial compensation for the labor and other costs incurred by a vehicle recycler in the removal of the switch. Subject to appropriation from the Solid Waste Management Fund, the Agency shall reimburse vehicle manufacturers $3 for each mercury switch removed; and

(f) $3 for each mercury switch removed in this State by a scrap recycling facility pursuant to Section 30 of this Act as partial compensation for the labor and other costs incurred by a scrap recycling facility in the removal of the switch. Subject to appropriation from the Solid Waste Management Fund, the Agency shall reimburse vehicle manufacturers $3 for each mercury switch removed.

Section 30. Removal and management of mercury switches; compensation.

(a) In accordance with educational materials received under this Act, a vehicle recycler shall remove all mercury switches (unless the switch is inaccessible due to significant damage to the vehicle) from the vehicle before the vehicle recycler:

(1) crushes, flattens, or bales an end-of-life vehicle; or

(2) sells, gives, or otherwise conveys ownership of an end-of-life vehicle to:

(A) a scrap recycling facility for recycling; or

(B) any other person for purposes of crushing or other similar processing.

(b) If damage to the vehicle makes a mercury switch inaccessible for removal, the vehicle recycler shall note the location of both the damage and the mercury switch on the normal business records of the vehicle recycler. Except as provided by subsection (c), a vehicle recycler may not deliver a vehicle that contains a mercury switch to a scrap recycling facility.

(c) A scrap recycling facility may accept an end-of-life vehicle that contains a mercury switch only if the facility agrees to remove the remaining mercury switch before the vehicle is flattened, crushed, shredded, or baled.

Section 35. Prohibition on importation of mercury switches into Illinois. It is a violation of this Act for a vehicle recycler or a scrap recycling facility to bring a mercury switch into Illinois that was removed from a motor vehicle outside of Illinois for the purpose of receiving compensation from the Agency under Section 25.

Section 40. Vehicle recycler and scrap recycling facility records.

(a) Consistent with protection of Confidential Business Information, a vehicle recycler or scrap recycling facility that removes mercury switches under Section 30 shall maintain records documenting:

(1) the number of mercury switches collected;

(2) the total number of end-of-life vehicles processed for recycling;

(b) The records required under this Section must be submitted to the Agency on an annual basis, and shall be used by the Agency to compensate vehicle recyclers and scrap recycling facilities pursuant to Section 25.

Section 45. Reports. On or before March 31 of each year, the Agency shall publish a report that includes:

(a) documentation of the capture rate achieved during the previous calendar year consistent with the principle that a mercury switch should be recovered unless damage to the vehicle makes the switch inaccessible, and considering estimates that two to three years will be required to maximize collection activities;

(b) a description of additional or alternative actions that may be implemented to improve the mercury switch recovery program and the implementation of the program;

(c) the number of mercury switches collected, the number of end-of-life vehicles containing mercury switches, and the number of end-of-life vehicles processed for recycling; and

(d) a description of how the mercury switches collected were managed.

Section 50. Rulemaking. The Agency may adopt rules concerning this Act.

Section 60. Universal waste. The Board shall modify its rules governing universal hazardous waste as appropriate to promote the collection, transport, recovery, and proper management of mercury switches. Any rules adopted by the Board under this Act shall not be inconsistent with federal law.

Section 65. Repealer. This Act is repealed on the earlier of (i) January 1, 2016; or (ii) an Agency determination that end-of-life vehicle mercury switches no longer pose a significant threat to the environment or to public health

Section 70. The Environmental Protection Act is amended by changing Section 22.15 as follows:

(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)

Sec. 22.15. Solid Waste Management Fund; fees.

(a) There is hereby created within the State Treasury a special fund to be known as the "Solid Waste Management Fund", to be constituted from the fees collected by the State pursuant to this Section and from repayments of loans made from the Fund for solid waste projects. Moneys received by the Department of Commerce and Economic Opportunity Community Affairs in repayment of loans made pursuant to the Illinois Solid Waste Management Act shall be deposited into the Solid Waste Management Revolving Loan Fund.

(b) The Agency shall assess and collect a fee in the amount set forth herein from the owner or operator of each sanitary landfill permitted or required to be permitted by the Agency to dispose of solid waste if the sanitary landfill is located off the site where such waste was produced and if such sanitary landfill is owned, controlled, and operated by a person other than the generator of such waste. The Agency shall deposit all fees collected into the Solid Waste Management Fund. If a site is contiguous to one or more landfills owned or operated by the same person, the volumes permanently disposed of by each landfill shall be combined for purposes of determining the fee under this subsection.

(1) If more than 150,000 cubic yards of non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall either pay a fee of 95 cents per cubic yard or, alternatively, the owner or operator may weigh the quantity of the solid waste permanently disposed of with a device for which certification has been obtained under the Weights and Measures Act and pay a fee of $2.00 per ton of solid waste permanently disposed of. In no case shall the fee collected or paid by the owner or operator under this paragraph exceed $1.55 per cubic yard or $3.27 per ton.

(2) If more than 100,000 cubic yards but not more than 150,000 cubic yards of non-hazardous waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $52,630.

(3) If more than 50,000 cubic yards but not more than 100,000 cubic yards of non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $23,790.

(4) If more than 10,000 cubic yards but not more than 50,000 cubic yards of non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $7,260.

(5) If not more than 10,000 cubic yards of non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $1050.

(c) (Blank.)

(d) The Agency shall establish rules relating to the collection of the fees authorized by this Section. Such rules shall include, but not be limited to:

(1) necessary records identifying the quantities of solid waste received or disposed;

(2) the form and submission of reports to accompany the payment of fees to the Agency;

(3) the time and manner of payment of fees to the Agency, which payments shall not be more often than quarterly; and

(4) procedures setting forth criteria establishing when an owner or operator may measure by weight or volume during any given quarter or other fee payment period.

(e) Pursuant to appropriation, all monies in the Solid Waste Management Fund shall be used by the Agency and the Department of Commerce and Economic Opportunity Community Affairs for the purposes set forth in this Section and in the Illinois Solid Waste Management Act, including for the costs of fee collection and administration. The Agency shall also use Fund moneys, pursuant to appropriation, to reimburse vehicle manufacturers for their payments to vehicle recyclers and scrap recycling facilities for the removal of mercury switches from end-of-life vehicles pursuant to the Mercury Switch Removal Act.

(f) The Agency is authorized to enter into such agreements and to promulgate such rules as are necessary to carry out its duties under this Section and the Illinois Solid Waste Management Act.

(g) On the first day of January, April, July, and October of each year, beginning on July 1, 1996, the State Comptroller and Treasurer shall transfer $500,000 from the Solid Waste Management Fund to the Hazardous Waste Fund. Moneys transferred under this subsection (g) shall be used only for the purposes set forth in item (1) of subsection (d) of Section 22.2.

(h) The Agency is authorized to provide financial assistance to units of local government for the performance of inspecting, investigating and enforcement activities pursuant to Section 4(r) at nonhazardous solid waste disposal sites.

(i) The Agency is authorized to support the operations of an industrial materials exchange service, and to conduct household waste collection and disposal programs.

(j) A unit of local government, as defined in the Local Solid Waste Disposal Act, in which a solid waste disposal facility is located may establish a fee, tax, or surcharge with regard to the permanent disposal of solid waste. All fees, taxes, and surcharges collected under this subsection shall be utilized for solid waste management purposes, including long-term monitoring and maintenance of landfills, planning, implementation, inspection, enforcement and other activities consistent with the Solid Waste Management Act and the Local Solid Waste Disposal Act, or for any other environment-related purpose, including but not limited to an environment-related public works project, but not for the construction of a new pollution control facility other than a household hazardous waste facility. However, the total fee, tax or surcharge imposed by all units of local government under this subsection (j) upon the solid waste disposal facility shall not exceed:

(1) 60¢ per cubic yard if more than 150,000 cubic yards of non-hazardous solid waste is permanently disposed of at the site in a calendar year, unless the owner or operator weighs the quantity of the solid waste received with a device for which certification has been obtained under the Weights and Measures Act, in which case the fee shall not exceed $1.27 per ton of solid waste permanently disposed of.

(2) $33,350 if more than 100,000 cubic yards, but not more than 150,000 cubic yards, of non-hazardous waste is permanently disposed of at the site in a calendar year.

(3) $15,500 if more than 50,000 cubic yards, but not more than 100,000 cubic yards, of non-hazardous solid waste is permanently disposed of at the site in a calendar year.

(4) $4,650 if more than 10,000 cubic yards, but not more than 50,000 cubic yards, of non-hazardous solid waste is permanently disposed of at the site in a calendar year.

(5) $$650 if not more than 10,000 cubic yards of non-hazardous solid waste is permanently disposed of at the site in a calendar year.

The corporate authorities of the unit of local government may use proceeds from the fee, tax, or surcharge to reimburse a highway commissioner whose road district lies wholly or partially within the corporate limits of the unit of local government for expenses incurred in the removal of nonhazardous, nonfluid municipal waste that has been dumped on public property in violation of a State law or local ordinance.

A county or Municipal Joint Action Agency that imposes a fee, tax, or surcharge under this subsection may use the proceeds thereof to reimburse a municipality that lies wholly or partially within its boundaries for expenses incurred in the removal of nonhazardous, nonfluid municipal waste that has been dumped on public property in violation of a State law or local ordinance.

If the fees are to be used to conduct a local sanitary landfill inspection or enforcement program, the unit of local government must enter into a written delegation agreement with the Agency pursuant to subsection (r) of Section 4. The unit of local government and the Agency shall enter into such a written delegation agreement within 60 days after the establishment of such fees. At least annually, the Agency shall conduct an audit of the expenditures made by units of local government from the funds granted by the Agency to the units of local government for purposes of local sanitary landfill inspection and enforcement programs, to ensure that the funds have been expended for the prescribed purposes under the grant.

The fees, taxes or surcharges collected under this subsection (j) shall be placed by the unit of local government in a separate fund, and the interest received on the moneys in the fund shall be credited to the fund. The monies in the fund may be accumulated over a period of years to be expended in accordance with this subsection.

A unit of local government, as defined in the Local Solid Waste Disposal Act, shall prepare and distribute to the Agency, in April of each year, a report that details spending plans for monies collected in accordance with this subsection. The report will at a minimum include the following:

(1) The total monies collected pursuant to this subsection.

(2) The most current balance of monies collected pursuant to this subsection.

(3) An itemized accounting of all monies expended for the previous year pursuant to this subsection.

(4) An estimation of monies to be collected for the following 3 years pursuant to this subsection.

(5) A narrative detailing the general direction and scope of future expenditures for one, 2 and 3 years.

The exemptions granted under Sections 22.16 and 22.16a, and under subsections (c) and (k) of this Section, shall be applicable to any fee, tax or surcharge imposed under this subsection (j); except that the fee, tax or surcharge authorized to be imposed under this subsection (j) may be made applicable by a unit of local government to the permanent disposal of solid waste after December 31, 1986, under any contract lawfully executed before June 1, 1986 under which more than 150,000 cubic yards (or 50,000 tons) of solid waste is to be permanently disposed of, even though the waste is exempt from the fee imposed by the State under subsection (b) of this Section pursuant to an exemption granted under Section 22.16.

(k) In accordance with the findings and purposes of the Illinois Solid Waste Management Act, beginning January 1, 1989 the fee under subsection (b) and the fee, tax or surcharge under subsection (j) shall not apply to:

(1) Waste which is hazardous waste; or

(2) Waste which is pollution control waste; or

(3) Waste from recycling, reclamation or reuse processes which have been approved by the Agency as being designed to remove any contaminant from wastes so as to render such wastes reusable, provided that the process renders at least 50% of the waste reusable; or

(4) Non-hazardous solid waste that is received at a sanitary landfill and composted or recycled through a process permitted by the Agency; or

(5) Any landfill which is permitted by the Agency to receive only demolition or construction debris or landscape waste.

(Source: P.A. 92-574, eff. 6-26-02; 93-32, eff. 7-1-03; revised 12-6-03.)".