|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning environmental safety.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The State Finance Act is amended by adding | ||||||
5 | Section 5.708 as follows: | ||||||
6 | (30 ILCS 105/5.708 new) | ||||||
7 | Sec. 5.708. The White Goods Recycling Fund. | ||||||
8 | Section 10. The Environmental Protection Act is amended by | ||||||
9 | changing Section 22.28 as follows:
| ||||||
10 | (415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
| ||||||
11 | Sec. 22.28. White goods.
| ||||||
12 | (a) Beginning July 1, 2008 1994 , no owner or operator of a | ||||||
13 | landfill shall knowingly accept any white goods or white goods | ||||||
14 | components for final disposal. | ||||||
15 | (b) Beginning July 1, 2008, no person shall knowingly | ||||||
16 | process white goods by destruction or recycling unless the | ||||||
17 | white good components have been removed. | ||||||
18 | (c) Beginning one year after the effective date of this | ||||||
19 | amendatory Act of the 95th General Assembly, no person may | ||||||
20 | knowingly deliver a white good for destruction and recycling | ||||||
21 | unless it has had the white good components removed and has the |
| |||||||
| |||||||
1 | notification number of a registered white goods processor | ||||||
2 | affixed to it, except that white goods may be delivered for | ||||||
3 | destruction and recycling with white good components intact, | ||||||
4 | and without affixing a notification number of a registered | ||||||
5 | white good processor, if the person accepting the white goods | ||||||
6 | for destruction and recycling has registered with the Agency as | ||||||
7 | a white goods processor and has received a notification number | ||||||
8 | pursuant to subsection (e) of this Section. | ||||||
9 | (d) Beginning July 1, 2008, all white good components | ||||||
10 | removed by a white goods processor must be managed as special | ||||||
11 | waste and treated in accordance with this Act and rules | ||||||
12 | promulgated under this Act. No person may knowingly vent | ||||||
13 | fluorocarbon refrigerant gasses into the atmosphere during the | ||||||
14 | maintenance, servicing, repair, or disposal of refrigeration | ||||||
15 | or air conditioning equipment in violation of State or federal | ||||||
16 | statutes, rules, or regulations. | ||||||
17 | (e) Beginning July 1, 2008, any person who knowingly | ||||||
18 | removes white good components from discarded white goods shall | ||||||
19 | register with the Agency, before removing white good | ||||||
20 | components, as a white goods processor and shall submit to the | ||||||
21 | Agency, on a form prescribed and provided by the Agency, the | ||||||
22 | following information: | ||||||
23 | (1) the name, address, and phone number of the | ||||||
24 | processing facility; | ||||||
25 | (2) the name, address, and phone number of the owner | ||||||
26 | and operator of the facility; |
| |||||||
| |||||||
1 | (3) a list of equipment and removal procedures to be | ||||||
2 | used to assure proper removal of the major appliance | ||||||
3 | components; and | ||||||
4 | (4) procedures for safe storage of major appliance | ||||||
5 | components after removal. | ||||||
6 | The Agency shall assign a unique notification number to | ||||||
7 | each white goods processing facility registered by an owner or | ||||||
8 | operator. | ||||||
9 | (f) The White Goods Recycling Fund is created as a special | ||||||
10 | fund in the State treasury. All amounts from penalties or | ||||||
11 | punitive damages for violations of this Section must be | ||||||
12 | deposited into the Fund. The Agency, subject to appropriation, | ||||||
13 | shall use those amounts to enforce the provisions of this | ||||||
14 | Section. | ||||||
15 | (g) Every 2 years, the Agency shall report to the Governor | ||||||
16 | and to the General Assembly on its activities relating to | ||||||
17 | enforcement of this Section. | ||||||
18 | person shall knowingly offer for
collection or collect | ||||||
19 | white goods for the purpose of disposal by
landfilling unless | ||||||
20 | the white good components have been removed.
| ||||||
21 | (b) Beginning July 1, 1994, no owner or operator of a | ||||||
22 | landfill shall
accept any white goods for final disposal, | ||||||
23 | except that white goods may be
accepted if:
| ||||||
24 | (1) the landfill participates in the Industrial | ||||||
25 | Materials Exchange
Service by communicating the | ||||||
26 | availability of white goods;
|
| |||||||
| |||||||
1 | (2) prior to final disposal, any white good components | ||||||
2 | have been
removed from the white goods; and
| ||||||
3 | (3) if white good components are removed from the white | ||||||
4 | goods at the
landfill, a site operating plan satisfying | ||||||
5 | this Act has been approved under
the site operating permit | ||||||
6 | and the conditions of such operating plan are met.
| ||||||
7 | (h) (c) For the purposes of this Section:
| ||||||
8 | (1) "White goods" shall include all discarded | ||||||
9 | refrigerators, ranges,
water heaters, freezers, air | ||||||
10 | conditioners, stoves, clothes washers, clothes dryers, | ||||||
11 | dehumidifiers, ovens, dishwashers, water coolers, heat | ||||||
12 | pumps, chillers, furnaces, and boilers humidifiers and | ||||||
13 | other similar
domestic and commercial large appliances .
| ||||||
14 | (2) "White good components" shall include:
| ||||||
15 | (i) any chlorofluorocarbon refrigerant gas;
| ||||||
16 | (ii) any electrical switch containing mercury;
| ||||||
17 | (iii) any device that contains or may contain PCBs | ||||||
18 | in a closed system,
such as a dielectric fluid for a | ||||||
19 | capacitor, ballast or other component;
and
| ||||||
20 | (iv) any fluorescent lamp that contains mercury.
| ||||||
21 | (d) The Agency is authorized to provide financial | ||||||
22 | assistance to units of
local government from the Solid Waste | ||||||
23 | Management Fund to plan for and
implement programs to collect, | ||||||
24 | transport and manage white goods.
Units of local government may | ||||||
25 | apply jointly for financial
assistance under this Section.
| ||||||
26 | Applications for such financial assistance shall be |
| |||||||
| |||||||
1 | submitted to the
Agency and must provide a description of:
| ||||||
2 | (A) the area to be served by the program;
| ||||||
3 | (B) the white goods intended to be included in the | ||||||
4 | program;
| ||||||
5 | (C) the methods intended to be used for collecting | ||||||
6 | and receiving
materials;
| ||||||
7 | (D) the property, buildings, equipment and | ||||||
8 | personnel included in
the program;
| ||||||
9 | (E) the public education systems to be used as part | ||||||
10 | of the program;
| ||||||
11 | (F) the safety and security systems that will be | ||||||
12 | used;
| ||||||
13 | (G) the intended processing methods for each white | ||||||
14 | goods type;
| ||||||
15 | (H) the intended destination for final material | ||||||
16 | handling location; and
| ||||||
17 | (I) any staging sites used to handle collected | ||||||
18 | materials, the
activities to be performed at such sites | ||||||
19 | and the procedures for assuring
removal of collected | ||||||
20 | materials from such sites.
| ||||||
21 | The application may be amended to reflect changes in | ||||||
22 | operating
procedures, destinations for collected materials, or | ||||||
23 | other factors.
| ||||||
24 | Financial assistance shall be awarded for a State fiscal | ||||||
25 | year, and
may be renewed, upon application, if the Agency | ||||||
26 | approves the operation
of the program.
|
| |||||||
| |||||||
1 | (e) All materials collected or received under a program | ||||||
2 | operated with
financial assistance under this Section shall be | ||||||
3 | recycled whenever
possible. Treatment or disposal of collected | ||||||
4 | materials are not eligible
for financial assistance unless the | ||||||
5 | applicant shows and the Agency approves
which materials may be | ||||||
6 | treated or disposed of under various conditions.
| ||||||
7 | Any revenue from the sale of materials collected under such | ||||||
8 | a program
shall be retained by the unit of local government and | ||||||
9 | may be used only for
the same purposes as the financial | ||||||
10 | assistance under this Section.
| ||||||
11 | (i) (f) The Agency is authorized to adopt rules necessary | ||||||
12 | or appropriate to
the administration of this Section.
| ||||||
13 | (j) No rulemaking authority. Notwithstanding any other | ||||||
14 | rulemaking authority that may exist, neither the Governor nor | ||||||
15 | any agency or agency head under the jurisdiction of the | ||||||
16 | Governor has any authority to make or promulgate rules to | ||||||
17 | implement or enforce the provisions of this amendatory Act of | ||||||
18 | the 95th General Assembly. If, however, the Governor believes | ||||||
19 | that rules are necessary to implement or enforce the provisions | ||||||
20 | of this amendatory Act of the 95th General Assembly, the | ||||||
21 | Governor may suggest rules to the General Assembly by filing | ||||||
22 | them with the Clerk of the House and Secretary of the Senate | ||||||
23 | and by requesting that the General Assembly authorize such | ||||||
24 | rulemaking by law, enact those suggested rules into law, or | ||||||
25 | take any other appropriate action in the General Assembly's | ||||||
26 | discretion. Nothing contained in this amendatory Act of the |
| |||||||
| |||||||
1 | 95th General Assembly shall be interpreted to grant rulemaking | ||||||
2 | authority under any other Illinois statute where such authority | ||||||
3 | is not otherwise explicitly given. For the purposes of this | ||||||
4 | subsection, "rules" is given the meaning contained in Section | ||||||
5 | 1-70 of the Illinois Administrative Procedure Act, and "agency" | ||||||
6 | and "agency head" are given the meanings contained in Sections | ||||||
7 | 1-20 and 1-25 of the Illinois Administrative Procedure Act to | ||||||
8 | the extent that such definitions apply to agencies or agency | ||||||
9 | heads under the jurisdiction of the Governor. | ||||||
10 | (g) (Blank).
| ||||||
11 | (Source: P.A. 91-798, eff. 7-9-00.)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
|