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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 5. The State Finance Act is amended by adding | ||||||||||||||||||||||||||||||
5 | Sections 5.708 and 5.709 as follows: | ||||||||||||||||||||||||||||||
6 | (30 ILCS 105/5.708 new) | ||||||||||||||||||||||||||||||
7 | Sec. 5.708. The White Goods Disposal Fund. | ||||||||||||||||||||||||||||||
8 | (30 ILCS 105/5.709 new)
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9 | Sec. 5.709. The White Goods Recycling Fund. | ||||||||||||||||||||||||||||||
10 | Section 10. The Environmental Protection Act is amended by | ||||||||||||||||||||||||||||||
11 | changing Section 22.28 and by adding Section 22.28b as follows:
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12 | (415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
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13 | Sec. 22.28. White goods.
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14 | (a) Beginning July 1, 2008 1994 , no owner or operator of a | ||||||||||||||||||||||||||||||
15 | landfill shall accept any white goods or white goods components | ||||||||||||||||||||||||||||||
16 | for final disposal. person shall knowingly offer for
collection | ||||||||||||||||||||||||||||||
17 | or collect white goods for the purpose of disposal by
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18 | landfilling unless the white good components have been removed.
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19 | (b) Beginning July 1, 1994, no owner or operator of a | ||||||||||||||||||||||||||||||
20 | landfill shall
accept any white goods for final disposal, |
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1 | except that white goods may be
accepted if:
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2 | (1) the landfill participates in the Industrial | ||||||
3 | Materials Exchange
Service by communicating the | ||||||
4 | availability of white goods;
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5 | (2) prior to final disposal, any white good components | ||||||
6 | have been
removed from the white goods; and
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7 | (3) if white good components are removed from the white | ||||||
8 | goods at the
landfill, a site operating plan satisfying | ||||||
9 | this Act has been approved under
the site operating permit | ||||||
10 | and the conditions of such operating plan are met.
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11 | (b) (c) For the purposes of this Section:
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12 | (1) "White goods" shall include all discarded | ||||||
13 | refrigerators, ranges,
water heaters, freezers, air | ||||||
14 | conditioners, stoves, clothes washers, clothes dryers, | ||||||
15 | dehumidifiers, ovens, dishwashers, water coolers, heat | ||||||
16 | pumps, chillers, furnaces, and boilers humidifiers and | ||||||
17 | other similar
domestic and commercial large appliances .
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18 | (2) "White good components" shall include:
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19 | (i) any chlorofluorocarbon refrigerant gas;
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20 | (ii) any electrical switch containing mercury;
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21 | (iii) any device that contains or may contain PCBs | ||||||
22 | in a closed system,
such as a dielectric fluid for a | ||||||
23 | capacitor, ballast or other component;
and
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24 | (iv) any fluorescent lamp that contains mercury.
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25 | (d) The Agency is authorized to provide financial | ||||||
26 | assistance to units of
local government from the Solid Waste |
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1 | Management Fund to plan for and
implement programs to collect, | ||||||
2 | transport and manage white goods.
Units of local government may | ||||||
3 | apply jointly for financial
assistance under this Section.
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4 | Applications for such financial assistance shall be | ||||||
5 | submitted to the
Agency and must provide a description of:
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6 | (A) the area to be served by the program;
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7 | (B) the white goods intended to be included in the | ||||||
8 | program;
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9 | (C) the methods intended to be used for collecting | ||||||
10 | and receiving
materials;
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11 | (D) the property, buildings, equipment and | ||||||
12 | personnel included in
the program;
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13 | (E) the public education systems to be used as part | ||||||
14 | of the program;
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15 | (F) the safety and security systems that will be | ||||||
16 | used;
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17 | (G) the intended processing methods for each white | ||||||
18 | goods type;
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19 | (H) the intended destination for final material | ||||||
20 | handling location; and
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21 | (I) any staging sites used to handle collected | ||||||
22 | materials, the
activities to be performed at such sites | ||||||
23 | and the procedures for assuring
removal of collected | ||||||
24 | materials from such sites.
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25 | The application may be amended to reflect changes in | ||||||
26 | operating
procedures, destinations for collected materials, or |
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1 | other factors.
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2 | Financial assistance shall be awarded for a State fiscal | ||||||
3 | year, and
may be renewed, upon application, if the Agency | ||||||
4 | approves the operation
of the program.
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5 | (e) All materials collected or received under a program | ||||||
6 | operated with
financial assistance under this Section shall be | ||||||
7 | recycled whenever
possible. Treatment or disposal of collected | ||||||
8 | materials are not eligible
for financial assistance unless the | ||||||
9 | applicant shows and the Agency approves
which materials may be | ||||||
10 | treated or disposed of under various conditions.
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11 | Any revenue from the sale of materials collected under such | ||||||
12 | a program
shall be retained by the unit of local government and | ||||||
13 | may be used only for
the same purposes as the financial | ||||||
14 | assistance under this Section.
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15 | (c) (f) The Agency is authorized to adopt rules necessary | ||||||
16 | or appropriate to
the administration of this Section.
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17 | (d) No rulemaking authority. Notwithstanding any other | ||||||
18 | rulemaking authority that may exist, neither the Governor nor | ||||||
19 | any agency or agency head under the jurisdiction of the | ||||||
20 | Governor has any authority to make or promulgate rules to | ||||||
21 | implement or enforce the provisions of this amendatory Act of | ||||||
22 | the 95th General Assembly. If, however, the Governor believes | ||||||
23 | that rules are necessary to implement or enforce the provisions | ||||||
24 | of this amendatory Act of the 95th General Assembly, the | ||||||
25 | Governor may suggest rules to the General Assembly by filing | ||||||
26 | them with the Clerk of the House and Secretary of the Senate |
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1 | and by requesting that the General Assembly authorize such | ||||||
2 | rulemaking by law, enact those suggested rules into law, or | ||||||
3 | take any other appropriate action in the General Assembly's | ||||||
4 | discretion. Nothing contained in this amendatory Act of the | ||||||
5 | 95th General Assembly shall be interpreted to grant rulemaking | ||||||
6 | authority under any other Illinois statute where such authority | ||||||
7 | is not otherwise explicitly given. For the purposes of this | ||||||
8 | subsection, "rules" is given the meaning contained in Section | ||||||
9 | 1-70 of the Illinois Administrative Procedure Act, and "agency" | ||||||
10 | and "agency head" are given the meanings contained in Sections | ||||||
11 | 1-20 and 1-25 of the Illinois Administrative Procedure Act to | ||||||
12 | the extent that such definitions apply to agencies or agency | ||||||
13 | heads under the jurisdiction of the Governor. | ||||||
14 | (g) (Blank).
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15 | (Source: P.A. 91-798, eff. 7-9-00.)
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16 | (415 ILCS 5/22.28b new)
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17 | Sec. 22.28b. Promotion of the recycling of white goods. | ||||||
18 | (a) The White Goods Disposal Fund and the White Goods | ||||||
19 | Recycling Fund are created as special funds in the State | ||||||
20 | treasury. All fees collected under this Section and all | ||||||
21 | penalties or punitive damages for violations of this Section | ||||||
22 | and under Sections 22.28 and 22.28a must be deposited into the | ||||||
23 | Funds as follows: | ||||||
24 | (1) 40% is to be deposited into the White Goods | ||||||
25 | Disposal Fund and is available to the Agency for |
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1 | enforcement of subsection (a) of Section 22.28. | ||||||
2 | (2) 60% is to be deposited into the White Goods | ||||||
3 | Recycling Fund and is available to the Department of | ||||||
4 | Commerce and Economic Opportunity for grants to directly | ||||||
5 | offset the energy costs of businesses that, in any given | ||||||
6 | year, manufacture more than 300,000 tons of products for | ||||||
7 | sale that are composed of at least 80% post-consumer | ||||||
8 | recycled content and pre-consumer recycled content by | ||||||
9 | weight or volume. The Department shall establish | ||||||
10 | guidelines for solicitation of grants under this Section no | ||||||
11 | later than October 1, 2008. Applications for assistance | ||||||
12 | shall be filed with the Department on forms provided by the | ||||||
13 | Department and shall set forth such information as may be | ||||||
14 | required by the Department. The Department shall evaluate | ||||||
15 | the application and notify the applicant of the | ||||||
16 | qualification or non-qualification of the application | ||||||
17 | within 45 days after the deadline established by the | ||||||
18 | Department for receipt of applications. | ||||||
19 | Every 2 years, the Agency and the Department shall each | ||||||
20 | report to the Governor and to the General Assembly on its | ||||||
21 | activities relating to the White Goods Disposal Fund and the | ||||||
22 | White Goods Recycling Fund. | ||||||
23 | (b) Each retailer who sells a new or used white good at | ||||||
24 | retail in this State shall collect from the retail customer a | ||||||
25 | white-good-disposal fee of $8. The retailer may retain $2 of | ||||||
26 | the fee if the retailer provides white good consumers with |
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1 | information identifying the white goods that must be recycled | ||||||
2 | under this Section and partners with the United States | ||||||
3 | Environmental Protection Agency Responsible Appliance Disposal | ||||||
4 | Program. The retailer shall pay the $8 fee or, where the | ||||||
5 | retailer qualifies to retain $2 of the fee, $6 to the | ||||||
6 | Department of Revenue for deposit into the White Goods Disposal | ||||||
7 | Fund and the White Goods Recycling Fund as designated in this | ||||||
8 | Section. The retailers shall collect the white goods disposal | ||||||
9 | fee from the purchaser by adding the fee to the selling price | ||||||
10 | of the white good. The fee must be stated as a distinct item | ||||||
11 | separate and apart from the selling price of the white good, | ||||||
12 | and is not includable in the gross receipts of the retailer | ||||||
13 | subject to the Retailers' Occupation Tax Act, the Use Tax Act, | ||||||
14 | or any locally imposed retailers' occupation tax. The | ||||||
15 | white-goods-disposal fee constitutes a debt owed by the | ||||||
16 | retailer to this State. The fee under this Section does not | ||||||
17 | apply to mail-order sales. | ||||||
18 | (c) Each retailer of white goods who maintains a place of | ||||||
19 | business in this State must make a return to the Department of | ||||||
20 | Revenue on a quarter-annual basis, with the return for January, | ||||||
21 | February, and March of a given year being due by April 30 of | ||||||
22 | that year; with the return for April, May, and June of a given | ||||||
23 | year being due by July 31 of that year; with the return for | ||||||
24 | July, August, and September of a given year being due by | ||||||
25 | October 31 of that year; and with the return for October, | ||||||
26 | November, and December of a given year being due by January 31 |
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1 | of the following year. Each return made to the Department of | ||||||
2 | Revenue must contain the following: | ||||||
3 | (1) the name of the retailer; | ||||||
4 | (2) the address of the retailer's principal place of | ||||||
5 | business and the address of the principal place of business | ||||||
6 | (if that is a different address) from which the retailer | ||||||
7 | engages in the business of making retail sales of white | ||||||
8 | goods; | ||||||
9 | (3) the total number of white goods sold at retail in | ||||||
10 | the preceding calendar quarter; | ||||||
11 | (4) the total amount of white-goods-disposal fees | ||||||
12 | collected in the preceding calendar quarter; | ||||||
13 | (5) if the retailer retains $2 of the disposal fee, the | ||||||
14 | retailer shall provide proof of the information it provides | ||||||
15 | to consumers identifying the white goods that must be | ||||||
16 | recycled under this Section and proof of participation in | ||||||
17 | the United States Environmental Protection Agency | ||||||
18 | Responsible Appliance Disposal Program; and | ||||||
19 | (6) any other information that the Department of | ||||||
20 | Revenue reasonably requires. | ||||||
21 | Notwithstanding any other provision of law concerning the | ||||||
22 | time within which a retailer may file his or her return, in the | ||||||
23 | case of any retailer who ceases to engage in the retail sale of | ||||||
24 | white goods, the retailer must file a final return under this | ||||||
25 | Section with the Department of Revenue not more than one | ||||||
26 | calendar month after discontinuing that business. |
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1 | (d) All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, | ||||||
2 | 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 13 of | ||||||
3 | the Retailers' Occupation Tax Act that are not inconsistent | ||||||
4 | with this Section apply, as far as practical, to the fee | ||||||
5 | imposed by subsection (b) of this Section to the same extent as | ||||||
6 | if those provisions were included in this Section. References | ||||||
7 | in the incorporated Sections of the Retailers' Occupation Tax | ||||||
8 | Act to retailers, to sellers, or to persons engaged in the | ||||||
9 | business of selling tangible personal property mean retailers | ||||||
10 | of white goods. | ||||||
11 | (d) The Department of Revenue may adopt and enforce any | ||||||
12 | reasonable rule to administer and enforce the fee imposed by | ||||||
13 | subsection (b) of this Section. | ||||||
14 | Whenever the Department of Revenue is required to provide | ||||||
15 | notice to a retailer under this Section, the notice may be | ||||||
16 | personally served or given by United States certified or | ||||||
17 | registered mail, addressed to the retailer or taxpayer | ||||||
18 | concerned at his or her last known address, and proof of this | ||||||
19 | mailing is sufficient for the purposes of this Section. In the | ||||||
20 | case of a notice of hearing, the Department must mail the | ||||||
21 | notice at least 7 days prior to the date fixed for the hearing. | ||||||
22 | All hearings provided by the Department of Revenue under | ||||||
23 | this Section with respect to or concerning a taxpayer having | ||||||
24 | his or her principal place of business in this State other than | ||||||
25 | in Cook County shall be held at the Department's office nearest | ||||||
26 | to the location of the taxpayer's principal place of business. |
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1 | If the taxpayer has his or her principal place of business in | ||||||
2 | Cook County, then the hearing must be held in Cook County. If | ||||||
3 | the taxpayer does not have his or her principal place of | ||||||
4 | business in this State, then the hearing must be held in | ||||||
5 | Sangamon County. | ||||||
6 | If any proceeding under this Section has been begun by the | ||||||
7 | Department of Revenue or by a person subject thereto and that | ||||||
8 | person subsequently dies or becomes a person under legal | ||||||
9 | disability before the proceeding has been concluded, then the | ||||||
10 | legal representative of the deceased person or person under | ||||||
11 | legal disability shall notify the Department of Revenue of the | ||||||
12 | death or legal disability. The Department must substitute the | ||||||
13 | legal representative, as such, in place of and for the person. | ||||||
14 | Within 20 days after notice to the legal representative of the | ||||||
15 | time fixed for that purpose, the proceeding may proceed in all | ||||||
16 | respects and with like effect as though the person had not died | ||||||
17 | or become a person under legal disability. | ||||||
18 | (e) The Illinois Administrative Procedure Act is expressly | ||||||
19 | adopted and applies to all administrative rules and procedures | ||||||
20 | of the Department of Revenue under this Section, except that: | ||||||
21 | (1) paragraph (b) of Section 4 of the Illinois Administrative | ||||||
22 | Procedure Act does not apply to final orders, decisions, and | ||||||
23 | opinions of the Department of Revenue; (2) subparagraph (a)(2) | ||||||
24 | of Section 4 of the Illinois Administrative Procedure Act does | ||||||
25 | not apply to forms established by the Department of Revenue for | ||||||
26 | use under this Section; and (3) the provisions of Section 13 of |
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1 | the Illinois Administrative Procedure Act regarding proposals | ||||||
2 | for decision are excluded and not applicable to the Department | ||||||
3 | of Revenue under this Section. | ||||||
4 | (f) The circuit court of any county in which a hearing is | ||||||
5 | held has the power to review all final administrative decisions | ||||||
6 | of the Department of Revenue in administering the fee imposed | ||||||
7 | under subsection (b) of this Section. If, however, the | ||||||
8 | administrative proceeding that is to be reviewed judicially is | ||||||
9 | a claim for refund proceeding commenced under this Act and | ||||||
10 | Section 2a of the State Officers and Employees Money | ||||||
11 | Disposition Act, the circuit court having jurisdiction over the | ||||||
12 | action for judicial review under this Section and under the | ||||||
13 | Administrative Review Law is the same court that entered the | ||||||
14 | temporary restraining order or preliminary injunction that is | ||||||
15 | provided for in that Section 2a, and that enables the claim | ||||||
16 | proceeding to be processed and disposed of as a claim for | ||||||
17 | refund proceeding other than as a claim for credit proceeding. | ||||||
18 | The provisions of the Administrative Review Law apply to | ||||||
19 | and govern all proceedings for the judicial review of final | ||||||
20 | administrative decisions of the Department of Revenue under | ||||||
21 | this Section. The term "administrative decision" is defined as | ||||||
22 | in Section 3-101 of the Code of Civil Procedure. | ||||||
23 | Service of summons issued in any action to review a final | ||||||
24 | administrative decision upon the Director or Assistant | ||||||
25 | Director of Revenue shall be service upon the Department of | ||||||
26 | Revenue. The Department of Revenue shall certify the record of |
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1 | its proceedings if the taxpayer pays to it the sum of $0.75 per | ||||||
2 | page of testimony taken before the Department of Revenue and | ||||||
3 | $0.25 per page of all other matters contained in the record, | ||||||
4 | except that these charges may be waived if the Department of | ||||||
5 | Revenue is satisfied that the aggrieved party cannot afford to | ||||||
6 | pay these charges. | ||||||
7 | (g) Any retailer who fails to collect the fee required | ||||||
8 | under subsection (b) is guilty of a petty offense as is subject | ||||||
9 | to a fine of $100. | ||||||
10 | Any retailer who fails to make a return or who makes a | ||||||
11 | fraudulent return or who willfully violates any rule or | ||||||
12 | regulation of the Department of Revenue for the administration | ||||||
13 | and enforcement of the fee imposed by this Section is guilty of | ||||||
14 | a Class 4 felony. | ||||||
15 | (h) For the purpose of this Section, "white good" has the | ||||||
16 | meaning set forth in Section 22.28.
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
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