Illinois General Assembly - Full Text of HB0772
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Full Text of HB0772  100th General Assembly




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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Electronic Products Recycling and Reuse Act
5is amended by changing Section 50 as follows:
6    (415 ILCS 150/50)
7    Sec. 50. Recycler and refurbisher registration.
8    (a) Prior to January 1 of each program year, each recycler
9and refurbisher must register with the Agency and submit a
10registration fee pursuant to subsection (b) for that program
11year. Registration must be on forms and in a format prescribed
12by the Agency and shall include, but not be limited to, the
13address of each location where the recycler or refurbisher
14manages CEDs or EEDs and identification of each location at
15which the recycler or refurbisher accepts CEDs or EEDs from a
17    (b) The registration fee for program year 2010 is $2,000.
18For program year 2011, if a recycler's or refurbisher's annual
19combined total weight of CEDs and EEDs is less than 1,000 tons
20per year, the registration fee shall be $500. For program year
212012 and for all subsequent program years, both registration
22fees shall be increased each year by an inflation factor
23determined by the annual Implicit Price Deflator for Gross



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1National Product as published by the U.S. Department of
2Commerce in its Survey of Current Business. The inflation
3factor must be calculated each year by dividing the latest
4published annual Implicit Price Deflator for Gross National
5Product by the annual Implicit Price Deflator for Gross
6National Product for the previous year. The inflation factor
7must be rounded to the nearest 1/100th, and the resulting
8registration fee must be rounded to the nearest whole dollar.
9No later than October 1 of each program year, the Agency shall
10post on its website the registration fee for the next program
12    (c) No person may act as a recycler or a refurbisher of
13CEDs for a manufacturer obligated to meet goals under this Act
14unless the recycler or refurbisher is registered with the
15Agency and has paid the registration fee as required under this
16Section. Beginning in program year 2016, all recycling or
17refurbishing facilities used by collectors of CEDs and EEDs
18shall be accredited by the Responsible Recycling (R2) Practices
19or e-Stewards certification programs or any other equivalent
20certification programs recognized by the United States
21Environmental Protection Agency. Accreditation is not required
22for facilities that place cathode ray tube (CRT) glass in
23storage cells for future retrieval in accordance with
24subsection (d) of Section 15 of this Act. Manufacturers of CEDs
25and EEDs shall ensure that recycling or refurbishing facilities
26used as part of their recovery programs meet this requirement.



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1Any organization that accredits facilities pursuant to this
2Section is prohibited from penalizing or taking other negative
3actions against any recycler, refurbisher, or collector of CEDs
4and EEDs based on the recycler's, refurbisher's, or collector's
5use of a facility that places CRT glass in storage cells for
6future retrieval in accordance with subsection (d) of Section
715 of this Act.
8    (c-5) A registered recycler or refurbisher of CEDs and EEDs
9for a manufacturer obligated to meet goals under this Act may
10not charge individual consumers or units of local government
11acting as collectors a fee to recycle or refurbish CEDs and
12EEDs, unless the recycler or refurbisher provides (i) a
13financial incentive, such as a coupon, that is of greater or
14equal value to the fee being charged or (ii) premium service,
15such as curbside collection, home pick-up, or similar methods
16of collection. Local units of government serving as collectors
17of CEDs and EEDs shall not charge a manufacturer for collection
18costs and shall offer the manufacturer or its representative
19all CEDs and EEDs collected by the local government at no cost.
20Nothing in this Act requires a local unit of government to
21serve as a collector.
22    (c-10) Nothing in this Act prohibits any waste hauler from
23entering into a contractual agreement with a unit of local
24government to establish a collection program for the recycling
25or reuse of CEDs or EEDs, including services such as curbside
26collection, home pick-up, drop-off locations, or similar



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1methods of collection.
2    (d) Recyclers and refurbishers must, at a minimum, comply
3with all of the following:
4        (1) Recyclers and refurbishers must comply with
5    federal, State, and local laws and regulations, including
6    federal and State minimum wage laws, specifically relevant
7    to the handling, processing, refurbishing and recycling of
8    residential CEDs and must have proper authorization by all
9    appropriate governing authorities to perform the handling,
10    processing, refurbishment, and recycling.
11        (2) Recyclers and refurbishers must implement the
12    appropriate measures to safeguard occupational and
13    environmental health and safety, through the following:
14            (A) environmental health and safety training of
15        personnel, including training with regard to material
16        and equipment handling, worker exposure, controlling
17        releases, and safety and emergency procedures;
18            (B) an up-to-date, written plan for the
19        identification and management of hazardous materials;
20        and
21            (C) an up-to-date, written plan for reporting and
22        responding to exceptional pollutant releases,
23        including emergencies such as accidents, spills,
24        fires, and explosions.
25        (3) Recyclers and refurbishers must maintain (i)
26    commercial general liability insurance or the equivalent



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1    corporate guarantee for accidents and other emergencies
2    with limits of not less than $1,000,000 per occurrence and
3    $1,000,000 aggregate and (ii) pollution legal liability
4    insurance with limits not less than $1,000,000 per
5    occurrence for companies engaged solely in the dismantling
6    activities and $5,000,000 per occurrence for companies
7    engaged in recycling.
8        (4) Recyclers and refurbishers must maintain on file
9    documentation that demonstrates the completion of an
10    environmental health and safety audit completed and
11    certified by a competent internal and external auditor
12    annually. A competent auditor is an individual who, through
13    professional training or work experience, is appropriately
14    qualified to evaluate the environmental health and safety
15    conditions, practices, and procedures of the facility.
16    Documentation of auditors' qualifications must be
17    available for inspection by Agency officials and
18    third-party auditors.
19        (5) Recyclers and refurbishers must maintain on file
20    proof of workers' compensation and employers' liability
21    insurance.
22        (6) Recyclers and refurbishers must provide adequate
23    assurance (such as bonds or corporate guarantee) to cover
24    environmental and other costs of the closure of the
25    recycler or refurbisher's facility, including cleanup of
26    stockpiled equipment and materials.



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1        (7) Recyclers and refurbishers must apply due
2    diligence principles to the selection of facilities to
3    which components and materials (such as plastics, metals,
4    and circuit boards) from CEDs and EEDs are sent for reuse
5    and recycling.
6        (8) Recyclers and refurbishers must establish a
7    documented environmental management system that is
8    appropriate in level of detail and documentation to the
9    scale and function of the facility, including documented
10    regular self-audits or inspections of the recycler or
11    refurbisher's environmental compliance at the facility.
12        (9) Recyclers and refurbishers must use the
13    appropriate equipment for the proper processing of
14    incoming materials as well as controlling environmental
15    releases to the environment. The dismantling operations
16    and storage of CED and EED components that contain
17    hazardous substances must be conducted indoors and over
18    impervious floors. Storage areas must be adequate to hold
19    all processed and unprocessed inventory. When heat is used
20    to soften solder and when CED and EED components are
21    shredded, operations must be designed to control indoor and
22    outdoor hazardous air emissions.
23        (10) Recyclers and refurbishers must establish a
24    system for identifying and properly managing components
25    (such as circuit boards, batteries, CRTs, and mercury
26    phosphor lamps) that are removed from CEDs and EEDs during



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1    disassembly. Recyclers and refurbishers must properly
2    manage all hazardous and other components requiring
3    special handling from CEDs and EEDs consistent with
4    federal, State, and local laws and regulations. Recyclers
5    and refurbishers must provide visible tracking (such as
6    hazardous waste manifests or bills of lading) of hazardous
7    components and materials from the facility to the
8    destination facilities and documentation (such as
9    contracts) stating how the destination facility processes
10    the materials received. No recycler or refurbisher may
11    send, either directly or through intermediaries, hazardous
12    wastes to solid waste (non-hazardous waste) landfills or to
13    non-hazardous waste incinerators for disposal or energy
14    recovery. For the purpose of these guidelines, smelting of
15    hazardous wastes to recover metals for reuse in conformance
16    with all applicable laws and regulations is not considered
17    disposal or energy recovery.
18        (11) Recyclers and refurbishers must use a regularly
19    implemented and documented monitoring and record-keeping
20    program that tracks inbound CED and EED material weights
21    (total) and subsequent outbound weights (total to each
22    destination), injury and illness rates, and compliance
23    with applicable permit parameters including monitoring of
24    effluents and emissions. Recyclers and refurbishers must
25    maintain contracts or other documents, such as sales
26    receipts, suitable to demonstrate: (i) the reasonable



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1    expectation that there is a downstream market or uses for
2    designated electronics (which may include recycling or
3    reclamation processes such as smelting to recover metals
4    for reuse); and (ii) that any residuals from recycling or
5    reclamation processes, or both, are properly handled and
6    managed to maximize reuse and recycling of materials to the
7    extent practical.
8        (12) Recyclers and refurbishers must comply with
9    federal and international law and agreements regarding the
10    export of used products or materials. In the case of
11    exports of CEDs and EEDs, recyclers and refurbishers must
12    comply with applicable requirements of the U.S. and of the
13    import and transit countries and must maintain proper
14    business records documenting its compliance. No recycler
15    or refurbisher may establish or use intermediaries for the
16    purpose of circumventing these U.S. import and transit
17    country requirements.
18        (13) Recyclers and refurbishers that conduct
19    transactions involving the transboundary shipment of used
20    CEDs and EEDs shall use contracts (or the equivalent
21    commercial arrangements) made in advance that detail the
22    quantity and nature of the materials to be shipped. For the
23    export of materials to a foreign country (directly or
24    indirectly through downstream market contractors): (i) the
25    shipment of intact televisions and computer monitors
26    destined for reuse must include only whole products that



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1    are tested and certified as being in working order or
2    requiring only minor repair (e.g. not requiring the
3    replacement of circuit boards or CRTs), must be destined
4    for reuse with respect to the original purpose, and the
5    recipient must have verified a market for the sale or
6    donation of such product for reuse; (ii) the shipments of
7    CEDs and EEDs for material recovery must be prepared in a
8    manner for recycling, including, without limitation,
9    smelting where metals will be recovered, plastics recovery
10    and glass-to-glass recycling; or (iii) the shipment of CEDs
11    and EEDs are being exported to companies or facilities that
12    are owned or controlled by the original equipment
13    manufacturer.
14        (14) Recyclers and refurbishers must maintain the
15    following export records for each shipment on file for a
16    minimum of 3 years: (i) the facility name and the address
17    to which shipment is exported; (ii) the shipment contents
18    and volumes; (iii) the intended use of contents by the
19    destination facility; (iv) any specification required by
20    the destination facility in relation to shipment contents;
21    (v) an assurance that all shipments for export, as
22    applicable to the CED manufacturer, are legal and satisfy
23    all applicable laws of the destination country.
24        (15) Recyclers and refurbishers must employ
25    industry-accepted procedures for the destruction or
26    sanitization of data on hard drives and other data storage



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1    devices. Acceptable guidelines for the destruction or
2    sanitization of data are contained in the National
3    Institute of Standards and Technology's Guidelines for
4    Media Sanitation or those guidelines certified by the
5    National Association for Information Destruction;
6        (16) No recycler or refurbisher may employ prison labor
7    in any operation related to the collection,
8    transportation, recycling, and refurbishment of CEDs and
9    EEDs. No recycler or refurbisher may employ any third party
10    that uses or subcontracts for the use of prison labor.
11(Source: P.A. 99-13, eff. 7-10-15.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.