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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||
5 | Electronic Scrap Recycling Act. | ||||||||||||||||||||||||||
6 | Section 5. Definitions. | ||||||||||||||||||||||||||
7 | "Basel Convention" means the Basel Convention on the | ||||||||||||||||||||||||||
8 | Control of Transboundary Movements of Hazardous Wastes and | ||||||||||||||||||||||||||
9 | Their Disposal and is a global agreement ratified by over 100 | ||||||||||||||||||||||||||
10 | member countries addressing the problems and challenges posed | ||||||||||||||||||||||||||
11 | by hazardous waste. It aims to minimize the generation of | ||||||||||||||||||||||||||
12 | hazardous wastes in terms of quantity and hazardousness, to | ||||||||||||||||||||||||||
13 | dispose of them as close to the source of generation as | ||||||||||||||||||||||||||
14 | possible, and to reduce the movement of hazardous wastes. | ||||||||||||||||||||||||||
15 | "Cathode ray tube" or "CRT" means a vacuum tube or picture | ||||||||||||||||||||||||||
16 | tube used to convert an electronic signal into a visual image | ||||||||||||||||||||||||||
17 | (for example, a computer monitor). | ||||||||||||||||||||||||||
18 | "Cellular telephone" means a hand-held mobile | ||||||||||||||||||||||||||
19 | radiotelephone, normally equipped with a viewing screen less | ||||||||||||||||||||||||||
20 | than 4 inches when measured diagonally, for use in an area | ||||||||||||||||||||||||||
21 | divided into small sections (cells), each with its own | ||||||||||||||||||||||||||
22 | short-range transmitter/receiver. | ||||||||||||||||||||||||||
23 | "Computer" means an electronic, magnetic, optical, |
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1 | electrochemical, or other highspeed data processing device | ||||||
2 | performing logical, arithmetic, or storage functions, and may | ||||||
3 | include both a computer central processing unit and a monitor, | ||||||
4 | but does not include an automated typewriter or typesetter, a | ||||||
5 | portable hand-held calculator, a portable digital assistant, | ||||||
6 | or other similar device. | ||||||
7 | "Design for environment" means: (1) an environmental | ||||||
8 | manufacturing process that reduces the level of toxic materials | ||||||
9 | utilized in the manufacturing and production of a product and | ||||||
10 | (2) designing products that are easier to disassemble and | ||||||
11 | recycle. | ||||||
12 | "E-cycling" is a generic term applied to the process of | ||||||
13 | collecting, dismantling, refurbishing, or recycling electronic | ||||||
14 | discards.
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15 | "E-scrap" or "e-waste" is a popular, informal name for | ||||||
16 | electronic products at the end of their "useful life." The term | ||||||
17 | is loosely applied to consumer and business electronic | ||||||
18 | equipment and includes computers and their associated | ||||||
19 | peripheral equipment, as well as televisions, VCR/DVD players, | ||||||
20 | stereos, copiers, fax machines, and cellular phones. | ||||||
21 | "Agency" means the Environmental Protection Agency. | ||||||
22 | "Manufacturer" means any person who, on or after the | ||||||
23 | effective date of this Act, and irrespective of the selling | ||||||
24 | technique used, including by means of remote sale: | ||||||
25 | (1) manufactures covered electronic devices under its | ||||||
26 | own brand for sale in this State; |
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1 | (2) manufactures covered electronic devices for sale | ||||||
2 | in this State without affixing a brand; | ||||||
3 | (3) resells in this State covered electronic devices | ||||||
4 | produced by other suppliers under its own brand or label; | ||||||
5 | or | ||||||
6 | (4) imports or exports covered electronic devices into | ||||||
7 | the United States that are sold in this State. If, however, | ||||||
8 | a company from which an importer purchases the merchandise | ||||||
9 | has a U.S. presence, assets, or both, that company (and not | ||||||
10 | the importer) shall be deemed to be the manufacturer. | ||||||
11 | "Monitor" means a separate visual display component of a | ||||||
12 | computer, either sold separately or together with a computer | ||||||
13 | central processing unit/computer box. A monitor is
made up of: | ||||||
14 | (i) a cathode ray tube; liquid crystal display; gas plasma; | ||||||
15 | digital light processing; or other image projection technology | ||||||
16 | greater than 4 inches when measured diagonally; (ii) a case; | ||||||
17 | (iii) interior wires and circuitry; (iv) a cable to the central | ||||||
18 | processing unit; and (v) a power cord. | ||||||
19 | "Portable computer" means a computer and video display | ||||||
20 | greater than 4 inches in size when measured diagonally that can | ||||||
21 | be carried as one unit by an individual (for example, a laptop | ||||||
22 | computer). | ||||||
23 | "Recycling" means any process by which covered electronic | ||||||
24 | devices that would otherwise become solid waste or hazardous | ||||||
25 | waste are collected, separated, and processed to be returned to | ||||||
26 | use in the form of raw materials or products, in accordance |
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1 | with environmental standards established by the Agency. | ||||||
2 | "Retailer" means a person who owns or operates a business | ||||||
3 | that sells new covered electronic devices in this State by any | ||||||
4 | means to an end user.
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5 | "Reuse" means any operation by which a covered electronic | ||||||
6 | device or component changes ownership for the same purpose for | ||||||
7 | which it was originally put on the market, and includes repair | ||||||
8 | and the continued use of whole systems or components. | ||||||
9 | "Video display device" means an output surface having a | ||||||
10 | viewable area greater than 4 inches when measured diagonally | ||||||
11 | that displays moving graphical images or a visual | ||||||
12 | representation of image sequences or pictures, showing a number | ||||||
13 | of quickly changing images on a screen in fast succession to | ||||||
14 | create the illusion of motion, including, if applicable, a | ||||||
15 | device that is an integral part of the display (and cannot be | ||||||
16 | easily removed from the display by the consumer) that produces | ||||||
17 | the moving image on the screen. Displays typically use a CRT, | ||||||
18 | liquid crystal display, gas plasma, digital light processing, | ||||||
19 | or other image projection technology. | ||||||
20 | Section 10. Scope of covered electronic devices (CEDs). | ||||||
21 | This Act covers the first sale of new desktop/personal | ||||||
22 | computers; computer monitors; portable computers; desktop | ||||||
23 | printers; computer peripherals, including zip drives, | ||||||
24 | scanners, cables, mice, and keyboards; CRT-based televisions; | ||||||
25 | non-CRT-based televisions; television peripherals including |
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1 | VCRs, DVD players, and video game consoles; fax machines; | ||||||
2 | cellular telephones; MP3 players; and PDAs.
This Act does not | ||||||
3 | cover any of the following: | ||||||
4 | (1) A covered electronic device that is a part of a | ||||||
5 | motor vehicle or any component part of a motor vehicle | ||||||
6 | assembled by, or for, a vehicle manufacturer or franchised | ||||||
7 | dealer, including replacement parts for use in a motor | ||||||
8 | vehicle. | ||||||
9 | (2) A covered electronic device that is functionally or | ||||||
10 | physically a part of a larger piece of
equipment designed | ||||||
11 | and intended for use in an industrial, commercial, | ||||||
12 | agricultural, or
medical setting, including diagnostic, | ||||||
13 | monitoring, or control equipment. | ||||||
14 | (3) A covered electronic device that is contained | ||||||
15 | within a clothes washer, clothes dryer,
refrigerator, | ||||||
16 | refrigerator and freezer, microwave oven, conventional | ||||||
17 | oven or range,
dishwasher, room air conditioner, | ||||||
18 | dehumidifier, water pump, sump pump, or air
purifier. | ||||||
19 | (4) Small consumer electronic devices including | ||||||
20 | wristwatches, timers and clocks; sonar and fish locators; | ||||||
21 | radar detectors; thermometers; hand-held calculators; | ||||||
22 | levels, tape measures, stud finders, and other electronic | ||||||
23 | building supplies; garage door openers; games; range | ||||||
24 | finders; and other similar devices. | ||||||
25 | The not-for-profit, public benefit corporation defined in | ||||||
26 | Section 20 shall, on an annual basis, review the electronics |
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1 | marketplace to determine which, if any, additional products | ||||||
2 | shall be added to the list of CEDs defined in this Section. | ||||||
3 | Section 15. Scope of persons and organizations covered. The | ||||||
4 | provisions of this Act apply to all residents of Illinois, as | ||||||
5 | well as all "small quantity generators", as defined by the | ||||||
6 | Resource Conservation and Recovery Act, that are doing business | ||||||
7 | in Illinois. | ||||||
8 | Section 20. Recycling system management. A not-for-profit, | ||||||
9 | public benefit corporation shall be created within one year | ||||||
10 | after the effective date of this Act. The corporation shall be | ||||||
11 | solely responsible for managing a cost-efficient and | ||||||
12 | environmentally sound State collection, transportation, and | ||||||
13 | recycling system for CEDs. The corporation shall be funded by | ||||||
14 | the fees described in Section 25. | ||||||
15 |
Specific responsibilities of the corporation shall be to: | ||||||
16 | (1) Organize, administer, and ensure that electronics | ||||||
17 | collection opportunities are available throughout the | ||||||
18 | State and in such a manner as to be convenient, to the | ||||||
19 | maximum extent feasible, to all consumers in the State. | ||||||
20 | (2) Encourage the use of existing collection and | ||||||
21 | consolidation infrastructures for handling CEDs to the | ||||||
22 | extent that this infrastructure is accessible on a regular | ||||||
23 | and ongoing basis to Illinoisans, is cost effective, and | ||||||
24 | meets the environmentally sound management requirements |
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1 | described in this Act. The corporation shall, through | ||||||
2 | contractual agreement, compensate for the collection and | ||||||
3 | recycling of CEDs, by qualified collectors and recyclers | ||||||
4 | whether by government, for-profit corporations, non-profit | ||||||
5 | corporations, retailers, manufacturers, or any other | ||||||
6 | party, for the reasonable costs associated with these | ||||||
7 | activities. These activities shall be audited annually. In | ||||||
8 | order to strengthen the market for Illinois recycling | ||||||
9 | companies, the corporation shall not pay for costs | ||||||
10 | associated with the use of prison labor. | ||||||
11 | (3) Maintain a list of all manufacturers in compliance | ||||||
12 | with all reporting, financial, and other requirements of | ||||||
13 | this Act and post the list on an Internet website; | ||||||
14 | furthermore, forward a list of manufacturers not in | ||||||
15 | compliance to the Attorney General's office for further | ||||||
16 | enforcement action as provided in this subsection. Two | ||||||
17 | years after the effective date of this Act, no manufacturer | ||||||
18 | may sell a CED in Illinois unless the manufacturer is in | ||||||
19 | compliance with the provisions of this Act. Further, 2 | ||||||
20 | years after the effective date of this Act, no manufacturer | ||||||
21 | or retailer may sell any CED in Illinois unless the CED is | ||||||
22 | labeled with the manufacturer's brand, and that label is | ||||||
23 | permanently affixed and is readily visible. | ||||||
24 | (4) Receive fees from manufacturers or their agents for | ||||||
25 | the sole purpose of fulfilling its responsibilities under | ||||||
26 | this Act. |
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1 | (5) Organize and coordinate public outreach in | ||||||
2 | association with the primary education responsibility | ||||||
3 | charged to retailers, and any secondary education plan | ||||||
4 | established by manufacturers. | ||||||
5 | (6) Prepare a business plan every 3 years that | ||||||
6 | establishes per capita collection and recycling goals for | ||||||
7 | each manufacturer based on an overall goal for the State | ||||||
8 | and a proportionate share for each manufacturer as | ||||||
9 | calculated by the formula in Section 25. | ||||||
10 | (7) Identify any necessary State actions to expand the | ||||||
11 | collection opportunities to achieve the per capita | ||||||
12 | collection and recycling goals. | ||||||
13 | (8) Report to the Governor and the General Assembly at | ||||||
14 | least annually on the implementation of the system during | ||||||
15 | the previous calendar year. The report will also be posted | ||||||
16 | on the corporation's website. The report must include: | ||||||
17 | (A) A list of all parties participating in the | ||||||
18 | system whom the corporation has designated as approved | ||||||
19 | to receive payments, the amount of payments it has made | ||||||
20 | to those parties, and the purpose of those payments. | ||||||
21 | (B) The total number and weight of covered | ||||||
22 | electronic devices collected in the State the previous | ||||||
23 | year as reported to the corporation. | ||||||
24 | (C) Progress toward achieving the overall annual | ||||||
25 | total recovery and recycling goals described in the | ||||||
26 | business plan. |
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1 | (D) The total amount of fees collected. | ||||||
2 | (E) A summary of funds expended by category: | ||||||
3 | (i) Education | ||||||
4 | (ii) Administration | ||||||
5 | (iii) Collection | ||||||
6 | (iv) Transportation | ||||||
7 | (v) Recycling | ||||||
8 | (vi) Disposal | ||||||
9 | (vii) Other | ||||||
10 | (F) Any surplus funds carried forward. | ||||||
11 | (G) A complete listing of all collection sites and | ||||||
12 | the amount of material collected at each site. | ||||||
13 | (H) An evaluation of the effectiveness of the | ||||||
14 | education and outreach program. | ||||||
15 | (9) Be fully audited by an independent, certified | ||||||
16 | public accountant at the end of each
calendar year, with | ||||||
17 | that audit report submitted to the General Assembly. | ||||||
18 | (10) Maintain a website and toll-free number complete | ||||||
19 | with up-to-date listings of where
consumers can bring | ||||||
20 | covered electronics products for recycling. | ||||||
21 | Section 25. Basic fee mechanism. Manufacturers shall pay an | ||||||
22 | annual fee to fund the recycling system based on a simple | ||||||
23 | weighted average of previous year sales in pounds and products | ||||||
24 | returned for recycling in pounds. As provided in Section 55, | ||||||
25 | retailers shall provide the sales data that will be used in |
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1 | this formula, the final version of which shall be announced to | ||||||
2 | all stakeholders and the general public within one year after | ||||||
3 | the effective date of this Act. On an annual basis, | ||||||
4 | manufacturers shall provide the corporation with the weight of | ||||||
5 | all CEDs sold in the State. The formula shall fairly apportion | ||||||
6 | fees for orphan
products (as defined in Section 30), and shall | ||||||
7 | assign fees for legacy products (as defined in Section 35). | ||||||
8 | Section 30. Orphan products.
The corporation shall, in the | ||||||
9 | development of its fee mechanism, ensure that orphan products | ||||||
10 | are apportioned fairly by the simple weighted average described | ||||||
11 | in Section 25. Orphan products are only those returned CEDs the | ||||||
12 | manufacturer of which either cannot be identified or is no | ||||||
13 | longer in business and has no successor in interest. | ||||||
14 | Section 35. Legacy products.
Legacy CEDs are the | ||||||
15 | responsibility of the original manufacturer, or the | ||||||
16 | manufacturer that is that original manufacturer's successor in | ||||||
17 | interest. Legacy manufacturers shall be responsible for their | ||||||
18 | equivalent share of returned CEDs and also their share of | ||||||
19 | orphan products as defined in
Section 30. | ||||||
20 | Section 40. Restrictions on hazardous substances.
Within | ||||||
21 | one year after the effective date of this Act, manufacturers | ||||||
22 | may not place on the market in Illinois any CEDs that contain | ||||||
23 | mercury, cadmium, lead, hexavalent chromium, polybrominated |
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1 | biphenyls, or polybrominated diphenyl ethers. | ||||||
2 | Section 45. Designation of electronic waste as universal | ||||||
3 | waste.
Within one year after the effective date of this Act, | ||||||
4 | the Agency shall draft proposed rules for submittal to the | ||||||
5 | Illinois Pollution Control Board requiring any CED that is or | ||||||
6 | could be considered hazardous waste be treated as universal | ||||||
7 | waste in Illinois, thereby prohibiting that waste from being | ||||||
8 | disposed of in landfills. The rules shall take effect within 2 | ||||||
9 | years after the effective date of this Act, together with the | ||||||
10 | effective date of the landfill ban prescribed in Section 70. | ||||||
11 | Section 50. Fee reduction for manufacturers designing for | ||||||
12 | environment.
Notwithstanding the requirements of Section 45, | ||||||
13 | manufacturers may apply for a reduced fee based on improvements | ||||||
14 | to their CEDs that make the products easier to recycle or | ||||||
15 | reuse, less hazardous, or both. Within one year after the | ||||||
16 | effective date of this Act, the corporation, working with the | ||||||
17 | Agency or an advisory board established by the corporation, the | ||||||
18 | members of which shall be approved by the Agency, shall develop | ||||||
19 | a minimum level of environmental design for all CEDs being sold | ||||||
20 | in the State. This minimum level of design shall be based on | ||||||
21 | scores from the Electronic Products Environmental Assessment | ||||||
22 | Tool. Thereafter, on an annual basis, manufacturers may apply | ||||||
23 | for a permanent reduction in the per-unit fee for a CED that | ||||||
24 | will take effect the following year. The application shall be |
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1 | based on a design and production change that will go beyond the | ||||||
2 | minimum level of environmental design and significantly | ||||||
3 | improve the product's recyclability, reusability, or both, or | ||||||
4 | reduce the health risk posed by the materials in the unit, as | ||||||
5 | judged exclusively by the Agency or the advisory board | ||||||
6 | established by the corporation. The fee reduction shall be | ||||||
7 | revoked if the Agency or the advisory board determine that the | ||||||
8 | design or production modification leading to the reduction has | ||||||
9 | been reversed or materially altered to the detriment of | ||||||
10 | recyclability, reusability, and hazardousness in a future | ||||||
11 | year. A fee reduction guide shall be
developed by the Agency | ||||||
12 | within one year after the effective date of this Act. | ||||||
13 | Section 55. Reuse.
For purposes of calculating its current | ||||||
14 | compliance with this Act, as well as future recycling goals as | ||||||
15 | computed by the formula described in Section 25, the | ||||||
16 | corporation shall count the collection of a single CED as 2 | ||||||
17 | CEDs by weight when that item is donated free of charge for | ||||||
18 | reuse to the Illinois State Board of Education, or to any | ||||||
19 | not-for-profit corporation recognized under Section 501(c)(3) | ||||||
20 | of the Internal Revenue Code, whose principal mission is to | ||||||
21 | assist low-income children or families living in Illinois. To | ||||||
22 | qualify for the donation reuse credit under this Section, | ||||||
23 | manufacturers must ensure the delivery of electronic equipment | ||||||
24 | that: (a) is no older than 6 years old; (b) if applicable, has | ||||||
25 | a functioning operating system; (c) is in full working |
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1 | condition; and (d) has been approved in writing for donation by | ||||||
2 | the recipient. Manufacturers shall, on an annual basis, report | ||||||
3 | to the corporation the amount of eligible equipment donated for | ||||||
4 | reuse to eligible organizations. Under the formula in this | ||||||
5 | Section, the manufacturer's annual fee shall be adjusted | ||||||
6 | accordingly. | ||||||
7 | Section 60. Self-recycling. Manufacturers may choose not | ||||||
8 | to participate in the State recycling system operated by the | ||||||
9 | corporation and instead operate their own program for the | ||||||
10 | collection and recycling of CEDs. To be eligible for the | ||||||
11 | self-recycling option, a manufacturer must not be a new | ||||||
12 | entrant, defined as: (1) A manufacturer of televisions, | ||||||
13 | television peripherals, or both, or fax machines, that have | ||||||
14 | been sold in the State for less than 10 years or (2) a | ||||||
15 | manufacturer of desktop computers, laptop and portable | ||||||
16 | computers, computer monitors, computer peripherals, cellular | ||||||
17 | telephones, MP3 players, or PDAs that have been sold in the | ||||||
18 | State for less than 5 years. A manufacturer of both televisions | ||||||
19 | and computers or a manufacturer of both televisions and | ||||||
20 | computer monitors, however, that is deemed a new entrant under | ||||||
21 | either only (1) or (2) of this paragraph is not considered a | ||||||
22 | new entrant for purposes of this Section. | ||||||
23 | A manufacturer choosing to establish its own collection and | ||||||
24 | recycling program is required to submit an application to the | ||||||
25 | corporation every 3 years demonstrating its strategy to collect |
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1 | and recycle a total weight of product equivalent to what would | ||||||
2 | be collected and recycled under the corporation's plan, and | ||||||
3 | shall include its share of orphan products. Manufacturers | ||||||
4 | qualifying for the self-recycling option shall not have a fee | ||||||
5 | assessed on CEDs or be compelled to participate in the | ||||||
6 | corporation's program. A manufacturer applying for | ||||||
7 | self-recycling status may apply alone or as a group in | ||||||
8 | collaboration with other manufacturers. | ||||||
9 | A manufacturer's application shall include all of the | ||||||
10 | following elements: | ||||||
11 | (1) Description of the systems for the collection, | ||||||
12 | transporting, and processing of covered electronic | ||||||
13 | devices. | ||||||
14 | (2) Service providers for the collection, | ||||||
15 | transportation, and processing of CEDs. | ||||||
16 | (3) Names of recycling companies headquartered in | ||||||
17 | Illinois to which the manufacturer will send its CEDs for | ||||||
18 | processing (Illinois-based recycling companies are | ||||||
19 | preferred provided that the manufacturer does not operate | ||||||
20 | its own recycling plants elsewhere in the United States). | ||||||
21 | (4) Description of accessibility of recycling service | ||||||
22 | to all citizens of the State. | ||||||
23 | (5) Descriptions of accounting and reporting systems | ||||||
24 | that will be employed to track progress
toward meeting | ||||||
25 | collection and recycling targets set by the corporation or | ||||||
26 | its share of CED
returns in addition to a share of orphan |
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1 | and abandoned products. | ||||||
2 | (6) Timeline, including startup and implementation, | ||||||
3 | with associated progress milestones with
anticipated | ||||||
4 | results. | ||||||
5 | (7) A public information campaign, complementary to, | ||||||
6 | and designed in conjunction with, the primary | ||||||
7 | retailer-driven campaign described in Section 65, to | ||||||
8 | promote the recycling of electronic products and proper | ||||||
9 | end-of-life management of the products by the final users. | ||||||
10 | A manufacturer qualifying for the self-recycling option | ||||||
11 | shall file an annual report with the corporation stating the | ||||||
12 | total weight of CEDs collected and recycled the previous year, | ||||||
13 | as well as an evaluation of the existing infrastructure to | ||||||
14 | fulfill the manufacturer's collection and recycling | ||||||
15 | responsibilities. | ||||||
16 | Section 65. Retailer responsibilities.
A retailer shall on | ||||||
17 | a quarterly basis submit to the corporation a report showing, | ||||||
18 | by product, the total number of CEDs sold in the State during | ||||||
19 | the previous 3 months. The corporation shall consolidate these | ||||||
20 | data statewide by manufacturer for the purpose of tracking | ||||||
21 | sales as a component of the formula described in Section 25. | ||||||
22 | Retailers shall be the primary source of information about | ||||||
23 | end-of-life options to electronics consumers. As such, | ||||||
24 | retailers shall be charged with: | ||||||
25 | (1) posting any educational materials provided by the |
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1 | corporation in publicly accessible areas of their stores; | ||||||
2 | (2) posting any educational materials provided by the | ||||||
3 | corporation on the primary Web page
describing products for | ||||||
4 | sale either in stores or via the Internet; and | ||||||
5 | (3) training all employees, whether at stores or | ||||||
6 | available by telephone or Internet, to answer
customers' | ||||||
7 | questions about end-of-life options. | ||||||
8 | If a manufacturer engages in any retail sales of its own | ||||||
9 | products, whether through the Internet, catalogs, or other | ||||||
10 | means, the manufacturer is responsible for fulfilling the | ||||||
11 | retailer responsibilities as defined in this Section. | ||||||
12 | The corporation shall on a periodic basis perform | ||||||
13 | unannounced audits on retailer locations, Websites, or both to | ||||||
14 | ensure that all information provided by the corporation has | ||||||
15 | been posted according to the requirements of this Section. | ||||||
16 | Section 70. Landfill ban. Two years after the effective | ||||||
17 | date of this Act, it is illegal for any person to dispose of | ||||||
18 | any CED into a landfill, or by incineration, in this State. | ||||||
19 | Section 75. Qualification of recyclers.
All recyclers | ||||||
20 | participating in the corporation's plan, or any manufacturer | ||||||
21 | qualifying for self-recycling as described in Section 60, must | ||||||
22 | recycle in a manner that is in compliance with all applicable | ||||||
23 | federal, State, and local laws, regulations, and ordinances, | ||||||
24 | and must not be exported for disposal in a manner that poses a |
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1 | significant risk to the public health or the
environment. | ||||||
2 | Specifically, recyclers shall: | ||||||
3 | (1) Guarantee that all data stored on CEDs designated | ||||||
4 | for reuse under Section 55, or for export under item (2), | ||||||
5 | have been completely removed, with no opportunity for | ||||||
6 | recovery by subsequent recipients of these CEDs. | ||||||
7 | Furthermore, guarantee that any data on CEDs intended for | ||||||
8 | recycling has been entirely deleted, with no opportunity | ||||||
9 | for recovery, prior to dismantling of the CEDs. | ||||||
10 | (2) Consistent with the rules of the U.S. Environmental | ||||||
11 | Protection Agency Plug-in Partner campaign, ensure | ||||||
12 | compliance with any applicable requirements of the United | ||||||
13 | States, as well as applicable requirements of importing and | ||||||
14 | transit countries. Recyclers must be aware of the Basel | ||||||
15 | Convention, to which the U.S. is not a party. Nonetheless, | ||||||
16 | recyclers and their subsidiaries must be knowledgeable of | ||||||
17 | the Basel Convention requirements that could affect them, | ||||||
18 | as implemented by the laws of importing and transit | ||||||
19 | countries. In addition, the importing and transit | ||||||
20 | countries may have other laws and regulations that could | ||||||
21 | affect U.S. exporters and their transactions. Until such | ||||||
22 | time as the U.S. becomes a party to the Basel Convention, | ||||||
23 | no country that is a party to the Basel Convention but not | ||||||
24 | a member of the Organization for Economic Cooperation and | ||||||
25 | Development may legally accept hazardous waste (and thus | ||||||
26 | CEDs because of the Basel Convention's definition of |
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| |||||||
1 | hazardous waste) exported from the U.S. absent a bilateral | ||||||
2 | agreement between the governments under Article 11 of the | ||||||
3 | Basel Convention. | ||||||
4 | (3) Prohibit CEDs to be sent to prisons for recycling | ||||||
5 | either directly or through intermediaries. | ||||||
6 | (4) Assure that a certified or otherwise comprehensive | ||||||
7 | and comparable "environmental management system" is in | ||||||
8 | place and that current operations meet best practices based | ||||||
9 | on the current Institute for Scrap Recycling Industries, | ||||||
10 | Inc. policy manual. The corporation shall review this | ||||||
11 | manual on an annual basis for adequacy. | ||||||
12 | (5) Commit to ensuring that the entire recycling chain, | ||||||
13 | including downstream intermediaries and recovery | ||||||
14 | operations such as smelters, are meeting all applicable | ||||||
15 | environmental and health regulations. In addition, every | ||||||
16 | effort shall be made to make use of only those facilities | ||||||
17 | (for example, smelters) that provide the most efficient and | ||||||
18 | least polluting recovery services available globally. | ||||||
19 | (6) Agree to provide visible tracking of CEDs | ||||||
20 | throughout the product recycling chain. The tracking | ||||||
21 | information should show the final disposition of all | ||||||
22 | hazardous waste materials. If there is a concern about | ||||||
23 | trade secrets, an independent auditor acceptable to | ||||||
24 | parties concerned may be used to verify compliance. | ||||||
25 | Section 80. Relation to federal law.
This Act is intended |
| |||||||
| |||||||
1 | to govern all aspects of the collection and recycling of CEDs | ||||||
2 | as those terms are defined in this Act. Upon the implementation | ||||||
3 | of an acceptable national program to collect, recycle, or both, | ||||||
4 | covered electronic devices, the provisions of this Act shall | ||||||
5 | sunset within the time frame determined by federal law. | ||||||
6 | Section 900. The Solid Waste Planning and Recycling Act is | ||||||
7 | amended by changing Section 4 as follows:
| ||||||
8 | (415 ILCS 15/4) (from Ch. 85, par. 5954)
| ||||||
9 | Sec. 4. (a) By March 1, 1991, each county with a population | ||||||
10 | of
100,000 or more and each municipality with a population of | ||||||
11 | 1,000,000 or
more, and by March 1, 1995, each county with a | ||||||
12 | population of less than
100,000, shall submit to the Agency an | ||||||
13 | officially adopted plan for the
management of municipal waste | ||||||
14 | generated within its boundaries. Such plan
shall conform with | ||||||
15 | the waste management hierarchy established as State
policy in | ||||||
16 | subsection (b) of Section 2 of the Illinois Solid Waste | ||||||
17 | Management Act.
| ||||||
18 | (b) The Agency shall review each county waste management | ||||||
19 | plan to ensure
consistency with the requirements of this Act | ||||||
20 | and, if warranted, return it
to the county with specific | ||||||
21 | recommendations
for improving the plan within 90 days after the | ||||||
22 | plan is submitted. If the
plan is returned, the county shall | ||||||
23 | consider the Agency recommendations, make
any appropriate | ||||||
24 | revisions, and adopt a revised plan by September 1, 1991,
or by |
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| |||||||
1 | September 1, 1995 in the case of a county with a population of | ||||||
2 | less than 100,000.
| ||||||
3 | (c) Each waste management plan shall contain, at a minimum, | ||||||
4 | the following provisions:
| ||||||
5 | (1) A description of the origin, content and weight or | ||||||
6 | volume of
municipal waste currently generated within the | ||||||
7 | county's boundaries, and the
origin, content, and weight or | ||||||
8 | volume of municipal waste that will be
generated within the | ||||||
9 | county's boundaries during the next 20 years,
including an | ||||||
10 | assessment of the primary variables affecting this | ||||||
11 | estimate
and the extent to which they can reasonably be | ||||||
12 | expected to occur.
| ||||||
13 | (2) A description of the facilities where municipal | ||||||
14 | waste is currently
being processed or disposed of and the | ||||||
15 | remaining available permitted capacity
of such facilities.
| ||||||
16 | (3) A description of the facilities and programs that | ||||||
17 | are proposed for
the management of municipal waste | ||||||
18 | generated within the county's boundaries
during the next 20 | ||||||
19 | years, including, but not limited to their size,
expected | ||||||
20 | cost and financing method.
| ||||||
21 | (4) An evaluation of the environmental, energy, life | ||||||
22 | cycle cost and
economic advantages and disadvantages of the | ||||||
23 | proposed waste management
facilities and programs.
| ||||||
24 | (5) A description of the time schedule for the | ||||||
25 | development
and operation of each proposed facility or | ||||||
26 | program.
|
| |||||||
| |||||||
1 | (6) The identity of potential sites within the county | ||||||
2 | where each
proposed waste processing, disposal and | ||||||
3 | recycling program will be located
or an explanation of how | ||||||
4 | the sites will be chosen. For any facility outside
the | ||||||
5 | county that the county proposes to utilize, the plan shall | ||||||
6 | explain the
reasons for selecting such facility.
| ||||||
7 | (7) The identity of the governmental entity that will | ||||||
8 | be responsible for
implementing the plan on behalf of the | ||||||
9 | county and explanation of the legal
basis for the entity's | ||||||
10 | authority to do so.
| ||||||
11 | (8) Beginning on the effective date of this amendatory | ||||||
12 | Act of the 95th General Assembly, an evaluation of the | ||||||
13 | county's progress on CED recycling.
| ||||||
14 | (9)
(8) Any other information that the Agency may | ||||||
15 | require.
| ||||||
16 | (d) Any county may delegate power to a municipality within | ||||||
17 | the county or
Municipal Joint Action Agency for the specific | ||||||
18 | purpose of preparing the
waste management plan or any portion | ||||||
19 | thereof under this Act.
| ||||||
20 | (e) Counties may, by intergovernmental agreement, jointly | ||||||
21 | create and
administer their solid waste management plans, | ||||||
22 | provided that such joint
plans fulfill all the requirements of | ||||||
23 | this Act.
| ||||||
24 | (Source: P.A. 86-228.)
| ||||||
25 | Section 999. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
|