Full Text of HB5773 95th General Assembly
HB5773ham003 95TH GENERAL ASSEMBLY
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Environmental Health Committee
Filed: 3/11/2008
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09500HB5773ham003 |
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LRB095 19930 RCE 48001 a |
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| AMENDMENT TO HOUSE BILL 5773
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| AMENDMENT NO. ______. Amend House Bill 5773, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The State Finance Act is amended by adding | 6 |
| Section 5.708 as follows: | 7 |
| (30 ILCS 105/5.708 new) | 8 |
| Sec. 5.708. The White Goods Recycling Fund. | 9 |
| Section 10. The Environmental Protection Act is amended by | 10 |
| changing Section 22.28 as follows:
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| (415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
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| Sec. 22.28. White goods.
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| (a) Beginning July 1, 2008 1994 , no owner or operator of a | 14 |
| landfill shall knowingly accept any white goods or white goods |
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| components for final disposal. | 2 |
| (b) Beginning July 1, 2008, no person shall knowingly | 3 |
| process white goods by destruction or recycling unless the | 4 |
| white good components have been removed. | 5 |
| (c) Beginning one year after the effective date of this | 6 |
| amendatory Act of the 95th General Assembly, no person may | 7 |
| knowingly deliver a white good for destruction and recycling | 8 |
| unless it has had the white good components removed and has the | 9 |
| notification number of a registered white goods processor | 10 |
| affixed to it, except that white goods may be delivered for | 11 |
| destruction and recycling with white good components intact if | 12 |
| the person accepting the white goods for destruction and | 13 |
| recycling has registered with the Agency as a white goods | 14 |
| processor and has received a notification number pursuant to | 15 |
| subsection (e) of this Section. | 16 |
| (d) Beginning July 1, 2008, all white good components | 17 |
| removed by a white goods processor must be managed as special | 18 |
| waste and treated in accordance with this Act and rules | 19 |
| promulgated under this Act. No person may knowingly vent | 20 |
| fluorocarbon refrigerant gasses into the atmosphere during the | 21 |
| maintenance, servicing, repair, or disposal of refrigeration | 22 |
| or air conditioning equipment in violation of State or federal | 23 |
| statutes, rules, or regulations. | 24 |
| (e) Beginning July 1, 2008, any person who knowingly | 25 |
| removes white good components from discarded white goods shall | 26 |
| register with the Agency, before removing white good |
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| components, as a white goods processor and shall submit to the | 2 |
| Agency, on a form prescribed and provided by the Agency, the | 3 |
| following information: | 4 |
| (1) the name, address, and phone number of the | 5 |
| processing facility; | 6 |
| (2) the name, address, and phone number of the owner | 7 |
| and operator of the facility; | 8 |
| (3) a list of equipment and removal procedures to be | 9 |
| used to assure proper removal of the major appliance | 10 |
| components; and | 11 |
| (4) procedures for safe storage of major appliance | 12 |
| components after removal. | 13 |
| The Agency shall assign a unique notification number to | 14 |
| each white goods processing facility registered by an owner or | 15 |
| operator. | 16 |
| (f) The White Goods Recycling Fund is created as a special | 17 |
| fund in the State treasury. All amounts from penalties or | 18 |
| punitive damages for violations of this Section must be | 19 |
| deposited into the Fund. The Agency, subject to appropriation, | 20 |
| shall use those amounts to enforce the provisions of this | 21 |
| Section. | 22 |
| (g) Every 2 years, the Agency shall report to the Governor | 23 |
| and to the General Assembly on its activities relating to | 24 |
| enforcement of this Section. | 25 |
| person shall knowingly offer for
collection or collect | 26 |
| white goods for the purpose of disposal by
landfilling unless |
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| the white good components have been removed.
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| (b) Beginning July 1, 1994, no owner or operator of a | 3 |
| landfill shall
accept any white goods for final disposal, | 4 |
| except that white goods may be
accepted if:
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| (1) the landfill participates in the Industrial | 6 |
| Materials Exchange
Service by communicating the | 7 |
| availability of white goods;
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| (2) prior to final disposal, any white good components | 9 |
| have been
removed from the white goods; and
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| (3) if white good components are removed from the white | 11 |
| goods at the
landfill, a site operating plan satisfying | 12 |
| this Act has been approved under
the site operating permit | 13 |
| and the conditions of such operating plan are met.
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| (h) (c) For the purposes of this Section:
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| (1) "White goods" shall include all discarded | 16 |
| refrigerators, ranges,
water heaters, freezers, air | 17 |
| conditioners, stoves, clothes washers, clothes dryers, | 18 |
| dehumidifiers, ovens, dishwashers, water coolers, heat | 19 |
| pumps, chillers, furnaces, and boilers humidifiers and | 20 |
| other similar
domestic and commercial large appliances .
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| (2) "White good components" shall include:
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| (i) any chlorofluorocarbon refrigerant gas;
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| (ii) any electrical switch containing mercury;
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| (iii) any device that contains or may contain PCBs | 25 |
| in a closed system,
such as a dielectric fluid for a | 26 |
| capacitor, ballast or other component;
and
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| (iv) any fluorescent lamp that contains mercury.
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| (d) The Agency is authorized to provide financial | 3 |
| assistance to units of
local government from the Solid Waste | 4 |
| Management Fund to plan for and
implement programs to collect, | 5 |
| transport and manage white goods.
Units of local government may | 6 |
| apply jointly for financial
assistance under this Section.
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| Applications for such financial assistance shall be | 8 |
| submitted to the
Agency and must provide a description of:
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| (A) the area to be served by the program;
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| (B) the white goods intended to be included in the | 11 |
| program;
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| (C) the methods intended to be used for collecting | 13 |
| and receiving
materials;
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| (D) the property, buildings, equipment and | 15 |
| personnel included in
the program;
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| (E) the public education systems to be used as part | 17 |
| of the program;
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| (F) the safety and security systems that will be | 19 |
| used;
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| (G) the intended processing methods for each white | 21 |
| goods type;
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| (H) the intended destination for final material | 23 |
| handling location; and
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| (I) any staging sites used to handle collected | 25 |
| materials, the
activities to be performed at such sites | 26 |
| and the procedures for assuring
removal of collected |
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| materials from such sites.
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| The application may be amended to reflect changes in | 3 |
| operating
procedures, destinations for collected materials, or | 4 |
| other factors.
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| Financial assistance shall be awarded for a State fiscal | 6 |
| year, and
may be renewed, upon application, if the Agency | 7 |
| approves the operation
of the program.
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| (e) All materials collected or received under a program | 9 |
| operated with
financial assistance under this Section shall be | 10 |
| recycled whenever
possible. Treatment or disposal of collected | 11 |
| materials are not eligible
for financial assistance unless the | 12 |
| applicant shows and the Agency approves
which materials may be | 13 |
| treated or disposed of under various conditions.
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| Any revenue from the sale of materials collected under such | 15 |
| a program
shall be retained by the unit of local government and | 16 |
| may be used only for
the same purposes as the financial | 17 |
| assistance under this Section.
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| (i) (f) The Agency is authorized to adopt rules necessary | 19 |
| or appropriate to
the administration of this Section.
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| (j) No rulemaking authority. Notwithstanding any other | 21 |
| rulemaking authority that may exist, neither the Governor nor | 22 |
| any agency or agency head under the jurisdiction of the | 23 |
| Governor has any authority to make or promulgate rules to | 24 |
| implement or enforce the provisions of this amendatory Act of | 25 |
| the 95th General Assembly. If, however, the Governor believes | 26 |
| that rules are necessary to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly, the | 2 |
| Governor may suggest rules to the General Assembly by filing | 3 |
| them with the Clerk of the House and Secretary of the Senate | 4 |
| and by requesting that the General Assembly authorize such | 5 |
| rulemaking by law, enact those suggested rules into law, or | 6 |
| take any other appropriate action in the General Assembly's | 7 |
| discretion. Nothing contained in this amendatory Act of the | 8 |
| 95th General Assembly shall be interpreted to grant rulemaking | 9 |
| authority under any other Illinois statute where such authority | 10 |
| is not otherwise explicitly given. For the purposes of this | 11 |
| subsection, "rules" is given the meaning contained in Section | 12 |
| 1-70 of the Illinois Administrative Procedure Act, and "agency" | 13 |
| and "agency head" are given the meanings contained in Sections | 14 |
| 1-20 and 1-25 of the Illinois Administrative Procedure Act to | 15 |
| the extent that such definitions apply to agencies or agency | 16 |
| heads under the jurisdiction of the Governor. | 17 |
| (g) (Blank).
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| (Source: P.A. 91-798, eff. 7-9-00.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.".
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