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1 | AN ACT concerning environmental 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 | Mercury Thermostat Collection Act. | ||||||
6 | Section 10. Definitions. | ||||||
7 | "Agency" means the Environmental Protection Agency. | ||||||
8 | "Board" means the Pollution Control Board. | ||||||
9 | "Mercury thermostat" means a product or device that uses a | ||||||
10 | mercury switch to sense and control room temperature through | ||||||
11 | communication with heating, ventilating, or air conditioning | ||||||
12 | equipment. "Mercury thermostat" includes thermostats used to | ||||||
13 | sense and control room temperature in residential, commercial, | ||||||
14 | industrial, and other buildings, but does not include | ||||||
15 | thermostats used to sense and control temperature as a part of | ||||||
16 | a manufacturing or industrial process. | ||||||
17 | "Thermostat manufacturer" means the person who owned or | ||||||
18 | owns the brand name of a thermostat. | ||||||
19 | "Thermostat retailer" means a person who sells thermostats | ||||||
20 | of any kind primarily to consumers. | ||||||
21 | "Thermostat technician" means a person who installs or | ||||||
22 | repairs thermostats, but does not include a person who installs | ||||||
23 | or repairs a thermostat serving his or her own residence. |
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1 | "Thermostat wholesaler" means a person who sells | ||||||
2 | thermostats of any kind primarily for resale. | ||||||
3 | Section 15. Mercury thermostat collection programs. | ||||||
4 | (a) This Section applies to thermostat manufacturers.
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5 | Thermostat manufacturers must, individually or collectively, | ||||||
6 | establish and maintain an Agency-approved program for the | ||||||
7 | collection and recycling of mercury thermostats that have been | ||||||
8 | removed, replaced, or otherwise taken out of service. The | ||||||
9 | program must: | ||||||
10 | (1) include outreach and education efforts directed | ||||||
11 | towards the following persons to inform them of the program | ||||||
12 | and encourage their participation: thermostat wholesalers, | ||||||
13 | thermostat technicians, thermostat retailers, and | ||||||
14 | homeowners; | ||||||
15 | (2) provide the following persons with containers to be | ||||||
16 | used for the collection of mercury thermostats: | ||||||
17 | (A) each thermostat wholesaler who requests to | ||||||
18 | participate in the program as a mercury thermostat | ||||||
19 | collection point; | ||||||
20 | (B) each thermostat technician that requests to | ||||||
21 | participate in the program as a mercury thermostat | ||||||
22 | collection point; and | ||||||
23 | (C) each thermostat retailer that requests to | ||||||
24 | participate in the program as a mercury thermostat | ||||||
25 | collection point; |
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1 | (3) ensure that mercury thermostats delivered to | ||||||
2 | persons participating in the program as mercury thermostat | ||||||
3 | collection points are properly managed as universal waste | ||||||
4 | in accordance with the Illinois Pollution Control Board's | ||||||
5 | universal waste regulations; | ||||||
6 | (4) be designed to achieve the collection goals in | ||||||
7 | subsection (e) of this Section; | ||||||
8 | (5) include financial or other incentives designed to | ||||||
9 | encourage sufficient participation in the program to | ||||||
10 | achieve the collection goals in subsection (e) of this | ||||||
11 | Section; and | ||||||
12 | (6) not include any fees or other charges to persons | ||||||
13 | participating in the program, except that each thermostat | ||||||
14 | wholesaler, thermostat technician, or thermostat retailer | ||||||
15 | that is provided with one or more collection containers may | ||||||
16 | be charged a program administration fee not to exceed $75 | ||||||
17 | per collection container. | ||||||
18 | (b) No later than January 1, 2009, thermostat manufacturers | ||||||
19 | must, individually or collectively, submit to the Agency a plan | ||||||
20 | for a mercury thermostat collection program. The plan must | ||||||
21 | demonstrate that the collection program meets the requirements | ||||||
22 | of subsection (a) of this Section. In reviewing the plans, the | ||||||
23 | Agency may consider a plan's consistency with other thermostat | ||||||
24 | manufacturer's collection plans in this State and mercury | ||||||
25 | thermostat collection programs in other states. In addition, | ||||||
26 | the Agency may consult with thermostat manufacturers, |
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1 | thermostat wholesalers, thermostat technicians, thermostat | ||||||
2 | retailers, and environmental interest groups. Within 90 days | ||||||
3 | after its receipt of a plan, the Agency must approve or deny | ||||||
4 | the plan in writing. The Agency must approve the plan, with or | ||||||
5 | without modifications, if the thermostat manufacturer's | ||||||
6 | collection program meets the requirements of subsection (a) of | ||||||
7 | this Section. If the Agency denies the plan or approves the | ||||||
8 | plan with conditions, the Agency's decision shall be subject to | ||||||
9 | appeal to the Board in accordance with the procedures of | ||||||
10 | Section 40 of the Environmental Protection Act (415 ILCS 5/40) | ||||||
11 | for appealing permit denials or conditions. | ||||||
12 | (c) No later than July 1, 2009, thermostat manufacturers | ||||||
13 | must, individually or collectively, implement an | ||||||
14 | Agency-approved mercury thermostat collection program, | ||||||
15 | including any modifications required by the Agency. | ||||||
16 | (d) No later than March 1, 2010, and no later than March 1 | ||||||
17 | of each year thereafter, thermostat manufacturers must, | ||||||
18 | individually or collectively, submit to the Agency a report on | ||||||
19 | their mercury thermostat collection program that at a minimum | ||||||
20 | contains the following information: | ||||||
21 | (1) the number of mercury thermostats collected under | ||||||
22 | the program during the previous calendar year; | ||||||
23 | (2) the estimated total amount of mercury contained in | ||||||
24 | the mercury thermostats collected under the program during | ||||||
25 | the previous calendar year; | ||||||
26 | (3) an evaluation of the effectiveness of the program, |
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1 | including, but not limited to, the program's contribution | ||||||
2 | to meeting the collection goals set forth in subsection (e) | ||||||
3 | of this Section and the effectiveness of the incentives | ||||||
4 | required under subsection (a)(5) of this Section; and | ||||||
5 | (4) a list of all thermostat wholesalers, thermostat | ||||||
6 | technicians, and thermostat retailers participating in the | ||||||
7 | program as mercury thermostat collection points. | ||||||
8 | (e) The mercury thermostat collection programs required | ||||||
9 | under this Act must be designed to collectively achieve the | ||||||
10 | following collection goals: | ||||||
11 | (1) For calendar years 2011 and 2012, the collection | ||||||
12 | goal for each year is 15% of the estimated number of | ||||||
13 | mercury thermostats in this State that are removed, | ||||||
14 | replaced, or otherwise taken out of service during the | ||||||
15 | calendar year. | ||||||
16 | (2) For calendar years 2013 and 2014, the collection | ||||||
17 | goal for each year is 30% of the estimated mercury | ||||||
18 | thermostats in this State that are removed, replaced, or | ||||||
19 | otherwise taken out of service during the calendar year. | ||||||
20 | (3) For calendar years 2015 and 2016, the collection | ||||||
21 | goal for each year is 50% of the estimated mercury | ||||||
22 | thermostats in this State that are removed, replaced, or | ||||||
23 | otherwise taken out of service during the calendar year. | ||||||
24 | (4) For calendar year 2017 and each calendar year | ||||||
25 | thereafter, the collection goal for each year is 80% of the | ||||||
26 | estimated mercury thermostats in this State that are |
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1 | removed, replaced, or otherwise taken out of service during | ||||||
2 | the calendar year. | ||||||
3 | The estimated number of mercury thermostats in this State | ||||||
4 | that are removed, replaced, or otherwise taken out of service | ||||||
5 | each year must be determined by the Agency in consultation with | ||||||
6 | thermostat manufacturers, thermostat wholesalers, thermostat | ||||||
7 | technicians, thermostat retailers, and environmental interest | ||||||
8 | groups. No later than March 1, 2013, and no later than March 1 | ||||||
9 | of each year thereafter, the Agency must publish on its website | ||||||
10 | the estimated number of mercury thermostats that were removed, | ||||||
11 | replaced, or otherwise taken out of service during the previous | ||||||
12 | calendar year. | ||||||
13 | (f) If the collection goals set forth in subsection (e) of | ||||||
14 | this Section are not met for the calendar year 2012, 2014, | ||||||
15 | 2016, or 2018, the Agency may require one or more thermostat | ||||||
16 | manufacturers to revise their mercury thermostat collection | ||||||
17 | programs. Thermostat manufacturers required to revise their | ||||||
18 | collection programs must, individually or collectively, submit | ||||||
19 | plans for revised collection programs no later than 90 days | ||||||
20 | after the Agency's written notice that a revised collection | ||||||
21 | program is required. The Agency shall review and approve | ||||||
22 | revised plans in accordance with subsection (b) of this | ||||||
23 | Section. Thermostat manufacturers must, individually or | ||||||
24 | collectively, implement revised plans within 90 days after the | ||||||
25 | Agency approves the revised plans in writing, including any | ||||||
26 | modifications required by the Agency. |
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1 | Section 20. Removal of mercury thermostats. Any person who | ||||||
2 | removes, replaces, or otherwise takes out of service a mercury | ||||||
3 | thermostat must properly manage the mercury thermostat as | ||||||
4 | universal waste in accordance with the Board's universal waste | ||||||
5 | regulations. This Section does not apply to a person who (i) | ||||||
6 | removes, replaces, or otherwise takes out of service a mercury | ||||||
7 | thermostat that serves his or her own residence and (ii) | ||||||
8 | disposes of the thermostat as household waste. | ||||||
9 | Section 25. Certain prohibited activities. On and after | ||||||
10 | July 1, 2009: | ||||||
11 | (1) No thermostat manufacturer that is in violation of | ||||||
12 | this Act may sell, offer to sell, distribute, or offer to | ||||||
13 | distribute a non-mercury thermostat. | ||||||
14 | (2) No thermostat wholesaler may sell, offer to sell, | ||||||
15 | distribute, or offer to distribute a non-mercury | ||||||
16 | thermostat unless the wholesaler participates in one or | ||||||
17 | more collection programs required under this Act as a | ||||||
18 | mercury thermostat collection point. | ||||||
19 | (3) No thermostat technician may remove, replace, or | ||||||
20 | otherwise take out of service a mercury thermostat unless | ||||||
21 | the thermostat technician delivers it to a person | ||||||
22 | participating in a collection program required under this | ||||||
23 | Act as a mercury thermostat collection point. |
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1 | Section 27. Educational materials. The Agency shall | ||||||
2 | develop an educational template to be made available to | ||||||
3 | businesses and consumers to inform consumers about programs for | ||||||
4 | the collection of mercury thermostats. The materials in this | ||||||
5 | educational template may include, without limitation, labels, | ||||||
6 | inserts, brochures, or signs. | ||||||
7 | Section 30. Information regarding the collection and | ||||||
8 | recycling of mercury thermostats. No later than June 1, 2010, | ||||||
9 | and no later than June 1 of each year thereafter, the Agency | ||||||
10 | must post on its website information regarding the collection | ||||||
11 | and recycling of mercury thermostats in this State. The | ||||||
12 | information must include, but is not limited to, the following: | ||||||
13 | (1) a description of the collection programs | ||||||
14 | established under this Act; and | ||||||
15 | (2) a report on the thermostat manufacturers' success | ||||||
16 | in achieving the collection goals set forth in Section | ||||||
17 | 15(e) of this Act. | ||||||
18 | Section 35. Duty to investigate. The Agency has the duty to | ||||||
19 | investigate violations of this Act. | ||||||
20 | Section 40. Penalties. | ||||||
21 | (a) Any thermostat manufacturer who violates any provision | ||||||
22 | of this Act or fails to perform any duty imposed by this Act | ||||||
23 | (i) is liable for a civil penalty not to exceed $1,000 for the |
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1 | violation and an additional civil penalty not to exceed $1,000 | ||||||
2 | for each day the violation continues and (ii) is liable for a | ||||||
3 | civil penalty not to exceed $5,000 for a second or subsequent | ||||||
4 | violation and an additional civil penalty not to exceed $1,000 | ||||||
5 | for each day the second or subsequent violation continues. | ||||||
6 | (b) Any thermostat wholesaler, thermostat technician, or | ||||||
7 | thermostat retailer who violates any provision of this Act or | ||||||
8 | fails to perform any duty imposed by this Act is liable for a | ||||||
9 | civil penalty not to exceed $250 for the first violation and | ||||||
10 | not to exceed $500 for a second or subsequent violation. | ||||||
11 | (c) The penalties provided for in this Section may be | ||||||
12 | recovered in a civil action brought by the Attorney General on | ||||||
13 | behalf of the Agency and the People of the State of Illinois, | ||||||
14 | or by the State's Attorney of the county in which the violation | ||||||
15 | occurred. Without limiting any other authority that may exist | ||||||
16 | for the awarding of attorney's fees and costs, a court of | ||||||
17 | competent jurisdiction may award costs and reasonable | ||||||
18 | attorney's fees, including the reasonable costs of expert | ||||||
19 | witnesses and consultants, to the Attorney General or the | ||||||
20 | State's Attorney in a case where he or she has prevailed | ||||||
21 | against a person who has committed a willful, knowing, or | ||||||
22 | repeated violation of this Act. Any funds collected under this | ||||||
23 | Section in an action in which the Attorney General has | ||||||
24 | prevailed must be deposited into the Hazardous Waste Fund | ||||||
25 | established under the Environmental Protection Act. Any funds | ||||||
26 | collected under this Section in an action in which a State's |
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1 | Attorney has prevailed shall be retained by the county in which | ||||||
2 | he or she serves. | ||||||
3 | (d) The Attorney General or the State's Attorney of the | ||||||
4 | county in which the violation occurred may, at the request of | ||||||
5 | the Agency or on his or her own motion, institute a civil | ||||||
6 | action for an injunction, prohibitory or mandatory, to restrain | ||||||
7 | violations of this Act or to require such other actions as may | ||||||
8 | be necessary to address violations of this Act. | ||||||
9 | (e) The penalties and injunctions provided in this Act are | ||||||
10 | in addition to any penalties, injunctions, or other relief | ||||||
11 | provided under any other law. Nothing in this Act bars a cause | ||||||
12 | of action by the State for any other penalty, injunction, or | ||||||
13 | relief provided by any other law. | ||||||
14 | (f) There is no penalty under this Section for a thermostat | ||||||
15 | manufacturer's failure to achieve the collection goals set | ||||||
16 | forth in subsection (e) of Section 15 of this Act. | ||||||
17 | Section 45. Recommendations to the Governor and the General | ||||||
18 | Assembly. On or before January 1, 2010, the Agency shall | ||||||
19 | investigate and make recommendations to the Governor and the | ||||||
20 | General Assembly regarding strategies for improving the | ||||||
21 | collection and proper management of mercury thermostats | ||||||
22 | removed, replaced, or otherwise taken out of service by | ||||||
23 | homeowners. In developing its recommendations, the Agency | ||||||
24 | shall consult with thermostat manufacturers, thermostat | ||||||
25 | retailers, local governments, recycling associations, |
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1 | environmental interest groups, and other appropriate | ||||||
2 | stakeholder groups. The Agency shall identify the best | ||||||
3 | available options for collecting mercury thermostats from | ||||||
4 | homeowners taking into account such considerations as cost and | ||||||
5 | convenience, safety and training, education and outreach | ||||||
6 | needs, and shared responsibilities for implementing the | ||||||
7 | collection and recycling program. | ||||||
8 | Section 50. No rulemaking authority. Notwithstanding any | ||||||
9 | other rulemaking authority that may exist, neither the Governor | ||||||
10 | nor any agency or agency head under the jurisdiction of the | ||||||
11 | Governor has any authority to make or promulgate rules to | ||||||
12 | implement or enforce the provisions of this Act. If, however, | ||||||
13 | the Governor believes that rules are necessary to implement or | ||||||
14 | enforce the provisions of this Act, the Governor may suggest | ||||||
15 | rules to the General Assembly by filing them with the Clerk of | ||||||
16 | the House and the Secretary of the Senate and by requesting | ||||||
17 | that the General Assembly authorize such rulemaking by law, | ||||||
18 | enact those suggested rules into law, or take any other | ||||||
19 | appropriate action in the General Assembly's discretion. | ||||||
20 | Nothing contained in this Act shall be interpreted to grant | ||||||
21 | rulemaking authority under any other Illinois statute where | ||||||
22 | such authority is not otherwise explicitly given. For the | ||||||
23 | purposes of this Section, "rules" is given the meaning | ||||||
24 | contained in Section 1-70 of the Illinois Administrative | ||||||
25 | Procedure Act, and "agency" and "agency head" are given the |
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1 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
2 | Administrative Procedure Act to the extent that such | ||||||
3 | definitions apply to agencies or agency heads under the | ||||||
4 | jurisdiction of the Governor.
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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