Full Text of SB2106 97th General Assembly
SB2106eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Electronic Products Recycling and Reuse Act | 5 | | is amended by changing Sections 5, 10, 15, 20, 30, 50, 55, 60, | 6 | | 65, 80, and 95 as follows: | 7 | | (415 ILCS 150/5)
| 8 | | Sec. 5. Findings and purpose. | 9 | | (a) The General Assembly finds all of the following: | 10 | | (1) Electronic products are the fastest growing | 11 | | portion of the solid waste stream. In 2007, 3,000,000 2005, | 12 | | 2,600,000 tons of electronic products became obsolete yet | 13 | | only 14% 13% of those products were recycled. | 14 | | (2) Many electronic products contain lead, mercury, | 15 | | cadmium, hexavalent chromium, and other materials that | 16 | | pose environmental and health risks that must be managed. | 17 | | (3) Obsolete Many obsolete electronic products can be | 18 | | recycled or refurbished for reuse and then returned to the | 19 | | economic mainstream in the form of raw materials or | 20 | | products. | 21 | | (4) Electronic products contain metals, plastics, and | 22 | | leaded glass that have resale value. The reuse of these | 23 | | components conserves natural resources and energy, and the |
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| 1 | | reuse also reduces air and water pollution and greenhouse | 2 | | gas emissions. | 3 | | (5) The A management of obsolete residential products | 4 | | is necessary to prioritize place the reuse and recycling of | 5 | | these obsolete residential electronic products as the | 6 | | preferred management strategy over incineration and | 7 | | landfill disposal. | 8 | | (6) The 2010 Recycling Economic Information Study | 9 | | Update for Illinois estimates that the total economic | 10 | | impact of recycling and reusing obsolete electronic | 11 | | products resulted in the creation of nearly 8,000 jobs and | 12 | | $622 million in annual receipts. The Illinois Recycling | 13 | | Economic Information Study of 2001 estimates that the total | 14 | | economic impact of establishing statewide recycling and | 15 | | reuse programs for residential electronic products may | 16 | | result in the creation of nearly 4,000 new jobs and $740 | 17 | | million in annual receipts. | 18 | | (7) The State-appointed Computer Equipment Disposal | 19 | | and Recycling Commission issued a final report in May 2006 | 20 | | recommending legislative, regulatory, or other actions to | 21 | | properly address the recycling and reuse of obsolete | 22 | | residential electronic products. | 23 | | (b) The purpose of this Act is to set forth procedures by | 24 | | which the recycling and processing for reuse of covered | 25 | | electronic devices will be accomplished in Illinois.
| 26 | | (Source: P.A. 95-959, eff. 9-17-08.) |
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| 1 | | (415 ILCS 150/10)
| 2 | | Sec. 10. Definitions. As used in this Act: | 3 | | "Agency" means the Environmental Protection Agency. | 4 | | "Cathode-ray tube" means a vacuum tube or picture tube used | 5 | | to convert an electronic signal into a visual image, such as a | 6 | | television or computer monitor. | 7 | | "Collector" means a person who receives covered electronic | 8 | | devices or eligible electronic devices directly from a | 9 | | residence for recycling or processing for reuse. "Collector" | 10 | | includes, but is not limited to, manufacturers, recyclers, and | 11 | | refurbishers who receive CEDs or EEDs directly from the public. | 12 | | "Computer", often referred to as a "personal computer" or | 13 | | "PC", means a desktop or notebook computer as further defined | 14 | | below and used only in a residence, but does not mean an | 15 | | automated typewriter, electronic printer, mobile telephone, | 16 | | portable hand-held calculator, portable digital assistant | 17 | | (PDA), MP3 player, or other similar device. "Computer" does not | 18 | | include computer peripherals, commonly known as cables, mouse, | 19 | | or keyboard. "Computer" is further defined as either: | 20 | | (1) "Desktop computer", which means an electronic, | 21 | | magnetic, optical, electrochemical, or other high-speed | 22 | | data processing device performing logical, arithmetic, or | 23 | | storage functions for general purpose needs that are met | 24 | | through interaction with a number of software programs | 25 | | contained therein, and that is not designed to exclusively |
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| 1 | | perform a specific type of logical, arithmetic, or storage | 2 | | function or other limited or specialized application. | 3 | | Human interface with a desktop computer is achieved through | 4 | | a stand-alone keyboard, stand-alone monitor, or other | 5 | | display unit, and a stand-alone mouse or other pointing | 6 | | device, and is designed for a single user. A desktop | 7 | | computer has a main unit that is intended to be | 8 | | persistently located in a single location, often on a desk | 9 | | or on the floor. A desktop computer is not designed for | 10 | | portability and generally utilizes an external monitor, | 11 | | keyboard, and mouse with an external or internal power | 12 | | supply for a power source. Desktop computer does not | 13 | | include an automated typewriter or typesetter; or | 14 | | (2) "Notebook computer", which means an electronic, | 15 | | magnetic, optical, electrochemical, or other high-speed | 16 | | data processing device performing logical, arithmetic, or | 17 | | storage functions for general purpose needs that are met | 18 | | through interaction with a number of software programs | 19 | | contained therein, and that is not designed to exclusively | 20 | | perform a specific type of logical, arithmetic, or storage | 21 | | function or other limited or specialized application. | 22 | | Human interface with a notebook computer is achieved | 23 | | through a keyboard, video display greater than 4 inches in | 24 | | size, and mouse or other pointing device, all of which are | 25 | | contained within the construction of the unit that | 26 | | comprises the notebook computer; supplemental stand-alone |
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| 1 | | interface devices typically can also be attached to the | 2 | | notebook computer. Notebook computers can use external, | 3 | | internal, or batteries for a power source. Notebook | 4 | | computer does not include a portable hand-held calculator, | 5 | | or a portable digital assistant or similar specialized | 6 | | device. A notebook computer has an incorporated video | 7 | | display greater than 4 inches in size and can be carried as | 8 | | one unit by an individual. A notebook computer is sometimes | 9 | | referred to as a laptop computer.
| 10 | | (3) "Tablet computer", which means an electronic, | 11 | | magnetic, optical, electrochemical, or other high-speed | 12 | | data processing device performing logical, arithmetic, or | 13 | | storage functions for general purpose needs that are met | 14 | | through interaction with a number of software programs | 15 | | contained therein, and that is not designed to exclusively | 16 | | perform a specific type of logical, arithmetic, or storage | 17 | | function or other limited or specialized application. | 18 | | Human interface with a tablet computer is achieved through | 19 | | a touch-screen and video display screen greater than 6 | 20 | | inches in size (all of which are contained within the unit | 21 | | that comprises the tablet computer). Tablet computers may | 22 | | use an external or internal power source. "Tablet computer" | 23 | | does not include a portable hand-held calculator, a | 24 | | portable digital assistant, or a similar specialized | 25 | | device. | 26 | | "Computer monitor" means an electronic device that is a |
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| 1 | | cathode-ray tube or flat panel display primarily intended to | 2 | | display information from a computer and is used only in a | 3 | | residence. | 4 | | "Covered electronic device" or "CED" means any computer, | 5 | | computer monitor, television, or printer , electronic keyboard, | 6 | | facsimile machine, videocassette recorder, portable digital | 7 | | music player that has memory capability and is battery powered, | 8 | | digital video disc player, video game console, electronic | 9 | | mouse, scanner, digital converter box, cable or satellite | 10 | | receiver, digital video disc recorder, or small-scale server | 11 | | sold at retail, provided that the item is taken out of service | 12 | | from a residence in this State regardless of purchase location . | 13 | | "Covered electronic device" does not include any of the | 14 | | following: | 15 | | (1) an electronic device that is a part of a motor | 16 | | vehicle or any component part of a motor vehicle assembled | 17 | | by or for a vehicle manufacturer or franchised dealer, | 18 | | including replacement parts for use in a motor vehicle; | 19 | | (2) an electronic device that is functionally or | 20 | | physically part of a larger piece of equipment or that is | 21 | | taken out of service from an industrial, commercial | 22 | | (including retail), library checkout, traffic control, | 23 | | kiosk, security (other than household security), | 24 | | governmental, agricultural, or medical setting, including | 25 | | but not limited to diagnostic, monitoring, or control | 26 | | equipment; or |
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| 1 | | (3) an electronic device that is contained within a | 2 | | clothes washer, clothes dryer, refrigerator, refrigerator | 3 | | and freezer, microwave oven, conventional oven or range, | 4 | | dishwasher, room air conditioner, dehumidifier, water | 5 | | pump, sump pump, or air purifier. | 6 | | To the extent allowed under federal and State laws and | 7 | | regulations, a CED that is being collected, recycled, or | 8 | | processed for reuse is not considered to be hazardous waste, | 9 | | household waste, solid waste, or special waste. | 10 | | "Developmentally disabled" , as defined by the Illinois | 11 | | Department of Human Services, Division of Developmental | 12 | | Disabilities Program Manual, means having mental retardation | 13 | | or a related condition. For the purposes of this Act: | 14 | | (1) "Mental retardation" means significantly | 15 | | subaverage general intellectual functioning as well as | 16 | | deficits in adaptive behavior that manifested before age | 17 | | 18. A person's general intellectual functioning is | 18 | | significantly subaverage if that person has an | 19 | | intelligence quotient (IQ) of 70 or below on standardized | 20 | | measures of intelligence. This upper limit, however, may be | 21 | | extended upward depending on the reliability of the | 22 | | intelligence test used. | 23 | | (2) "Related condition" means a severe, chronic | 24 | | disability that (i) is attributable to cerebral palsy, | 25 | | epilepsy, or any other condition, other than mental | 26 | | illness, (ii) is found to be closely related to mental |
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| 1 | | retardation because the condition results in impairment of | 2 | | general intellectual functioning or adaptive behavior | 3 | | similar to that of a person with mental retardation, and | 4 | | (iii) requires treatment or services similar to those | 5 | | required for persons with mental retardation. means having | 6 | | a severe disability, as defined by the Office of | 7 | | Rehabilitation Services of the Illinois Department of | 8 | | Human Services, that can be expected to result in death or | 9 | | that has lasted, or is expected to last, at least 12 months | 10 | | and that prevents working at a "substantial gainful | 11 | | activity" level.
| 12 | | "Dismantling" means the demanufacturing and shredding of a | 13 | | CED. | 14 | | "Eligible electronic device" or "EED" means any of the | 15 | | following electronic products sold at retail and taken out of | 16 | | service from a residence in this State regardless of purchase | 17 | | location : mobile telephone; computer cable , mouse, or | 18 | | keyboard ; stand-alone facsimile machine; MP3 player; portable | 19 | | digital assistant (PDA); or video game console, video cassette | 20 | | recorder/player, digital video disk player, or similar video | 21 | | device; zip drive ; or scanner . To the extent allowed under | 22 | | federal and state laws and regulations, an EED that is being | 23 | | collected, recycled, or processed for reuse is not considered | 24 | | to be hazardous waste, household waste, solid waste, or special | 25 | | waste. | 26 | | "Low income children and families" mean those children and |
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| 1 | | families that are subject to the most recent version of the | 2 | | United States Department of Health and Human Services Federal | 3 | | Poverty Guidelines. | 4 | | "Manufacturer" means a person, or a successor in interest | 5 | | to a person, under whose brand or label a CED is or was sold at | 6 | | retail. For CEDs sold at retail under a brand or label that is | 7 | | licensed from a person who is a mere brand owner and who does | 8 | | not sell or produce the CED, the person who produced the CED or | 9 | | his or her successor in interest is the manufacturer. For CEDs | 10 | | sold that were at retail under the brand or label of both the | 11 | | retail seller and the person that produced the CED, the person | 12 | | that produced the CED, or his or her successor in interest, is | 13 | | the manufacturer. A retail seller of CEDs may elect to be the | 14 | | manufacturer of one or more CEDs if the retail seller provides | 15 | | written notice to the Agency that it is accepting | 16 | | responsibility as the manufacturer of the CED under this Act | 17 | | and identifies the CEDs for which it is electing to be the | 18 | | manufacturer. | 19 | | "Municipal joint action agency" means a municipal joint | 20 | | action agency created under Section 3.2 of the | 21 | | Intergovernmental Cooperation Act.
| 22 | | "Orphan CEDs" means those CEDs that are returned for | 23 | | recycling, or processing for reuse, whose manufacturer cannot | 24 | | be identified, or whose manufacturer is no longer conducting | 25 | | business and has no successor in interest. | 26 | | "Person" means any individual, partnership, |
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| 1 | | co-partnership, firm, company, limited liability company, | 2 | | corporation, association, joint stock company, trust, estate, | 3 | | political subdivision, State agency, or any other legal entity, | 4 | | or a legal representative, agent, or assign of that entity. | 5 | | "Printer" means desktop printers, multifunction printer | 6 | | copiers, and printer/fax combinations taken out of service from | 7 | | a residence that are designed to reside on a work surface, and | 8 | | include various print technologies, including without | 9 | | limitation laser and LED (electrographic), ink jet, dot matrix, | 10 | | thermal, and digital sublimation, and "multi-function" or | 11 | | "all-in-one" devices that perform different tasks, including | 12 | | without limitation copying, scanning, faxing, and printing. | 13 | | Printers do not include floor-standing printers, printers with | 14 | | optional floor stand, point of sale (POS) receipt printers, | 15 | | household printers such as a calculator with printing | 16 | | capabilities or label makers, or non-stand-alone printers that | 17 | | are embedded into products that are not CEDs. | 18 | | "Processing for reuse" means any method, technique, or | 19 | | process by which CEDs or EEDs that would otherwise be disposed | 20 | | of or discarded are instead separated, processed, and returned | 21 | | to their original intended purposes or to other useful purposes | 22 | | as electronic devices. "Processing for reuse" includes the | 23 | | collection and transportation of CEDs or EEDs. | 24 | | "Program Year" means a calendar year. The first program | 25 | | year is 2010. | 26 | | "Recycler" means a person who engages in the recycling of |
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| 1 | | CEDs or EEDs, but does not include telecommunications carriers, | 2 | | telecommunications manufacturers, or commercial mobile service | 3 | | providers with an existing recycling program. | 4 | | "Recycling" means any method, technique, or process by | 5 | | which CEDs or EEDs that would otherwise be disposed of or | 6 | | discarded are instead collected, separated, or processed and | 7 | | are returned to the economic mainstream in the form of raw | 8 | | materials or products. "Recycling" includes the collection, | 9 | | transportation, dismantling, and shredding of the CEDs or EEDs. | 10 | | "Recycling coordinator" means the person designated by | 11 | | each county waste management plan to administer the county | 12 | | recycling program, as set forth in the Solid Waste Management | 13 | | Act. | 14 | | "Refurbisher" means any person who processes CEDs or EEDs | 15 | | for reuse, but does not include telecommunications carriers, | 16 | | telecommunications manufacturers, or commercial mobile service | 17 | | providers with an existing recycling program. | 18 | | "Residence" means a dwelling place or home in which one or | 19 | | more individuals live. | 20 | | "Retailer" means a person who sells, rents, or leases, | 21 | | through sales outlets, catalogues, or the Internet, computers, | 22 | | computer monitors, printers, or televisions , electronic | 23 | | keyboards, facsimile machines, videocassette recorders, | 24 | | portable digital music players that have memory capability and | 25 | | are battery powered, digital video disc players, video game | 26 | | consoles, electronic mice, scanners, digital converter boxes, |
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| 1 | | cable or satellite receivers, digital video disc recorders, or | 2 | | small-scale servers at retail to individuals in this State. For | 3 | | purposes of this Act, sales to individuals at retail are | 4 | | considered to be sales for residential use. "Retailer" | 5 | | includes, but is not limited to, manufacturers who sell | 6 | | computers, computer monitors, printers, or televisions , | 7 | | electronic keyboards, facsimile machines, videocassette | 8 | | recorders, portable digital music players that have memory | 9 | | capability and are battery powered, digital video disc players, | 10 | | video game consoles, electronic mice, scanners, digital | 11 | | converter boxes, cable or satellite receivers, digital video | 12 | | disc recorders, or small-scale servers at retail directly to | 13 | | individuals in this State. | 14 | | "Sale" means any retail transfer of title for consideration | 15 | | of title including, but not limited to, transactions conducted | 16 | | through sales outlets, catalogs, or the Internet or any other | 17 | | similar electronic means but does not mean financing or | 18 | | leasing. | 19 | | "Small-scale server" means a computer that typically uses | 20 | | desktop components in a desktop form designed primarily to | 21 | | serve as a storage host for other computers. To be considered a | 22 | | small-scale server, a computer must: be designed in a pedestal, | 23 | | tower, or other form that is similar to that of a desktop | 24 | | computer so that all data processing, storage, and network | 25 | | interfacing is contained within one box or product; be designed | 26 | | to be operational 24 hours per day and 7 days per week; have |
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| 1 | | very little unscheduled downtime (on the order of hours per | 2 | | year); be capable of operating in a simultaneous multi-user | 3 | | environment serving several users through networked client | 4 | | units; and be designed for an industry accepted operating | 5 | | system for home or low-end server applications. | 6 | | "Television" means an electronic device (i) containing a | 7 | | cathode-ray tube or flat panel screen the size of which is | 8 | | greater than 4 inches when measured diagonally, (ii) that is | 9 | | intended to receive video programming via broadcast, cable, or | 10 | | satellite transmission or to receive video from surveillance or | 11 | | other similar cameras, and (iii) that is used only in a | 12 | | residence.
| 13 | | "Underserved counties" means those counties so identified | 14 | | in Section 60. | 15 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | 16 | | (415 ILCS 150/15)
| 17 | | Sec. 15. Statewide recycling and reuse goals for all | 18 | | covered electronic devices. | 19 | | (a) For program year 2010, the statewide recycling or reuse | 20 | | goal for all CEDs is the product of: (i) the latest population | 21 | | estimate for the State, as published on the U.S. Census | 22 | | Bureau's website on January 1, 2010; multiplied by (ii) 2.5 | 23 | | pounds per capita. | 24 | | (b) For program year 2011, the statewide recycling or reuse | 25 | | goal for all CEDs is the product of: (i) the 2010 base weight; |
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| 1 | | multiplied by (ii) the 2010 goal attainment percentage. | 2 | | For the purposes of this subsection (b): | 3 | | The "2010 base weight" means the greater of: (i) twice the | 4 | | total weight of all CEDs that were recycled or processed for | 5 | | reuse between January 1, 2010 and June 30, 2010 as reported to | 6 | | the Agency under subsection (i) or (j) of Section 30; or (ii) | 7 | | twice the total weight of all CEDs that were recycled or | 8 | | processed for reuse between January 1, 2010 and June 30, 2010 | 9 | | as reported to the Agency under subsection (c) of Section 55. | 10 | | The "2010 goal attainment percentage" means: | 11 | | (1) 90% if the 2010 base weight is less than 90% of the | 12 | | statewide recycling or reuse goal for program year 2010; | 13 | | (2) 95% if the 2010 base weight is 90% or greater, but | 14 | | does not exceed 95%, of the statewide recycling or reuse | 15 | | goal for program year 2010; | 16 | | (3) 100% if the 2010 base weight is 95% or greater, but | 17 | | does not exceed 105%, of the statewide recycling or reuse | 18 | | goal for program year 2010; | 19 | | (4) 105% if the 2010 base weight is 105% or greater, | 20 | | but does not exceed 110%, of the statewide recycling or | 21 | | reuse goal for program year 2010; and | 22 | | (5) 110% if the 2010 base weight is 110% or greater of | 23 | | the statewide recycling or reuse goal for program year | 24 | | 2010. | 25 | | (c) For program year years 2012 , each manufacturer of CEDs | 26 | | shall recycle or reuse CEDs and EEDs whose total weight is |
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| 1 | | equal to 40% of all the CEDs the manufacturer sold in Illinois | 2 | | during the calendar year beginning January 1, 2010. Each CED | 3 | | manufacturer shall use its own sales data or national sales | 4 | | data proportioned to Illinois' share of the U.S. population, | 5 | | based on the U.S. Census population estimate for 2009, to | 6 | | determine the manufacturer's annual recycling or reuse goal. | 7 | | (c-5) For program years 2013 and thereafter, each | 8 | | manufacturer of CEDs shall annually recycle or reuse CEDs and | 9 | | EEDs whose total weight is equal to 50% of all the CEDs the | 10 | | manufacturer sold in Illinois during the calendar year that | 11 | | began 2 years before the beginning of the applicable program | 12 | | year. Each CED manufacturer shall use its own sales data or | 13 | | national sales data proportioned to Illinois' share of the U.S. | 14 | | population, based on the most recent U.S. Census data, to | 15 | | determine the manufacturer's annual recycling goal. and | 16 | | thereafter, the statewide recycling or reuse goal for all CEDs | 17 | | is the product of: (i) the base weight; multiplied by (ii) the | 18 | | goal attainment percentage. | 19 | | For the purposes of this subsection (c): | 20 | | The "base weight" means the greater of: (i) the total | 21 | | weight of all CEDs recycled or processed for reuse during the | 22 | | previous program year as reported to the Agency under | 23 | | subsection (k) or (l) of Section 30; or (ii) the total weight | 24 | | of all CEDs recycled or processed for reuse during the previous | 25 | | program year as reported to the Agency under subsection (d) of | 26 | | Section 55. |
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| 1 | | The "goal attainment percentage" means: | 2 | | (1) 90% if the base weight is less than 90% of the | 3 | | statewide recycling or reuse goal for the previous program | 4 | | year; | 5 | | (2) 95% if the base weight is 90% or greater, but does | 6 | | not exceed 95%, of the statewide recycling or reuse goal | 7 | | for the previous program year; | 8 | | (3) 100% if the base weight is 95% or greater, but does | 9 | | not exceed 105%, of the statewide recycling or reuse goal | 10 | | for the previous program year; | 11 | | (4) 105% if the base weight is 105% or greater, but | 12 | | does not exceed 110%, of the statewide recycling or reuse | 13 | | goal for the previous program year; and | 14 | | (5) 110% if the base weight is 110% or greater of the | 15 | | statewide recycling or reuse goal for the previous program | 16 | | year.
| 17 | | (Source: P.A. 95-959, eff. 9-17-08.) | 18 | | (415 ILCS 150/20)
| 19 | | Sec. 20. Agency responsibilities. | 20 | | (a) The Agency has the authority to monitor compliance with | 21 | | this Act , enforce violations of the Act by administrative | 22 | | citation, and to refer violations of this Act to the Attorney | 23 | | General. | 24 | | (b) No later than October 1 of each program year, the | 25 | | Agency shall post on its website a list of underserved counties |
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| 1 | | in the State for the next program year. The list of underserved | 2 | | counties for program years 2010 and 2011 the first program year | 3 | | is set forth in subsection (a) of Section 60. | 4 | | (c) From By July 1, 2009 until December 31, 2015 , the | 5 | | Agency shall implement a county and municipal government | 6 | | education campaign to inform those entities about this Act and | 7 | | the implications on solid waste collection in their localities. | 8 | | (c-5) No later than February 1, 2012 and every February 1 | 9 | | thereafter, the Agency shall use a portion of the manufacturer, | 10 | | recycler, and refurbisher registration fees to provide a $2,000 | 11 | | grant to the recycling coordinator in each county of the State | 12 | | in order to inform residents in each county about this Act and | 13 | | opportunities to recycle CEDs and EEDs. The recycling | 14 | | coordinator shall expend the $2,000 grant before December 31 of | 15 | | the program year in which the grant is received. The recycling | 16 | | coordinator shall maintain records that document the use of the | 17 | | grant funds. | 18 | | (c-10) By June 15, 2012 and by December 15, 2012, and by | 19 | | every June 15 and December 15 thereafter through December 15, | 20 | | 2015, the Agency shall meet with the Illinois Retail Merchants | 21 | | Association to discuss compliance with Section 40. | 22 | | (c-15) By December 15, 2012 and each December 15 | 23 | | thereafter, the Agency shall post on its website: (i) the | 24 | | mailing address of each collection site at which collectors | 25 | | collected CEDs during the program year and (ii) the amount in | 26 | | pounds of each CED collected at the collection site during the |
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| 1 | | program year. | 2 | | (d) By July 1, 2011 for the first program year, and by May | 3 | | 15 April 1 for all subsequent program years, the Agency shall | 4 | | report to the Governor and to the General Assembly annually on | 5 | | the previous program year's performance. The report must be | 6 | | posted on the Agency's website. The report must include, but | 7 | | not be limited to, the following: | 8 | | (1) the total overall weight of CEDs, as well as the | 9 | | sub-total weight of computers, the sub-total weight of | 10 | | computer monitors, the sub-total weight of printers, the | 11 | | sub-total weight of televisions, and the total weight of | 12 | | EEDs that were recycled or processed for reuse in the State | 13 | | during the program year, as reported by manufacturers and | 14 | | collectors under Sections 30 and 55; | 15 | | (2) a listing of all collection sites , as set forth | 16 | | under subsection (a) (e) of Section 55 , and the addresses | 17 | | of those sites ; | 18 | | (3) a statement showing, for the preceding program | 19 | | year, (i) the total weight of CEDs and EEDs collected, | 20 | | recycled, and processed for reuse by the manufacturers | 21 | | pursuant to Section 30, (ii) the total weight of CEDs | 22 | | processed for reuse by the manufacturers, and (iii) the | 23 | | total weight of CEDs collected by the collectors of the | 24 | | manufacturers' progress toward achieving the statewide | 25 | | recycling goal set forth in Section 15 (calculated from the | 26 | | manufacturer reports pursuant to Section 30 and the |
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| 1 | | collector reports pursuant to Section 55) and any | 2 | | identified State actions that may help expand collection | 3 | | opportunities to help manufacturers achieve the statewide | 4 | | recycling goal ; | 5 | | (4) a listing of all entities or persons to any | 6 | | manufacturers whom the Agency issued an administrative | 7 | | citation or with respect to which the Agency made a | 8 | | referral for enforcement referred to the Attorney | 9 | | General's Office for enforcement as a result of a violation | 10 | | of this Act; | 11 | | (5) a discussion of the Agency's education and outreach | 12 | | activities as set forth in subsection (c) of this Section ; | 13 | | and | 14 | | (6) a discussion of the penalties, if any, incurred by | 15 | | manufacturers for failure to achieve recycling goals, and a | 16 | | recommendation to the General Assembly of any necessary or | 17 | | appropriate changes to the manufacturers' statewide | 18 | | recycling goals, manufacturer's recycling goals , or | 19 | | penalty provisions included in this Act. | 20 | | (e) The Agency shall post on its website : (1) a list of | 21 | | manufacturers that have paid the current year's registration | 22 | | fee as set forth in subsection (b) of Section 30; (2) a list of | 23 | | manufacturers that failed to pay the current year's | 24 | | registration fee as set forth in subsection (b) of Section 30; | 25 | | and (3) Section 30(b) and (2) a list of registered collectors , | 26 | | the addresses of their collection sites, their business |
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| 1 | | telephone numbers, and a link to their websites. to whom | 2 | | Illinois residents can bring CEDs and EEDs for recycling or | 3 | | processing for reuse, including links to the collectors' | 4 | | websites and the collectors' phone numbers. | 5 | | (f) In program years 2012, 2013, and 2014, and at its | 6 | | discretion thereafter, the Agency shall convene and host an | 7 | | Electronic Products Recycling Conference. The Agency may host | 8 | | the conferences alone or with other public entities or with | 9 | | organizations associated with electronic products recycling. | 10 | | (g) No later than October 1 of each program year, the | 11 | | Agency must post on its website the following information for | 12 | | the next program year: (i) the individual recycling and reuse | 13 | | goals for each manufacturer, as set forth in subsection (c) of | 14 | | Section 15, and (ii) the total statewide recycling goal, | 15 | | determined by adding each individual manufacturer's annual | 16 | | goal. | 17 | | (1) The overall statewide recycling and reuse goal for | 18 | | CEDs, as well as the sub-goals for televisions, and | 19 | | computers, computer monitors, and printers as set forth in | 20 | | Section 15. | 21 | | (2) The market shares of television manufacturers and | 22 | | the return shares of computer, computer monitor, and | 23 | | printer manufacturers, as set forth in Section 18, and | 24 | | (3) The individual recycling and reuse goals for each | 25 | | manufacturer, as set forth in Section 19. | 26 | | (h) By April 1, 2011, and by April 1 of all subsequent |
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| 1 | | years, the Agency shall award recognize those manufacturers | 2 | | that have met or exceeded their recycling or reuse goals for | 3 | | the previous program year with . Such recognition shall be the | 4 | | awarding to all such manufacturers of an Electronic Industry | 5 | | Recycling Award . The award shall acknowledge that the | 6 | | manufacturer has met or exceeded its recycling goals and shall | 7 | | be posted , which shall be recognized on the Agency website and | 8 | | in other media as appropriate. | 9 | | (i) By March 1, 2011, and by March 1 of each subsequent | 10 | | year, the Agency shall post on its website a list of registered | 11 | | manufacturers that have not met their annual recycling and | 12 | | reuse goal for the previous program year.
| 13 | | (j) By July 1, 2015 2012 , the Agency shall solicit written | 14 | | comments regarding all aspects of the program codified in this | 15 | | Act, for the purpose of determining if the program requires any | 16 | | modifications. | 17 | | (1) Issues to be reviewed by the Agency are, but not | 18 | | limited to, the following: | 19 | | (A) Sufficiency of the annual statewide recycling | 20 | | goals. | 21 | | (B) Fairness of the formulas used to determine | 22 | | individual manufacturer goals. | 23 | | (C) Adequacy of, or the need for, continuation of | 24 | | the credits outlined in Section 30(d)(1) through (3). | 25 | | (D) Any temporary recissions of county landfill | 26 | | bans granted by the Illinois Pollution Control Board |
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| 1 | | pursuant to Section 95(e). | 2 | | (E) Adequacy of, or the need for, the penalties | 3 | | listed in Section 80 of this Act, which are scheduled | 4 | | to take effect on January 1, 2013. | 5 | | (F) Adequacy of the collection systems that have | 6 | | been implemented as a result of this Act, with a | 7 | | particular focus on promoting the most cost-effective | 8 | | and convenient collection system possible for Illinois | 9 | | residents. | 10 | | (2) By July 1, 2015 2012 , the Agency shall complete its | 11 | | review of the written comments received, as well as its own | 12 | | reports on the preceding program years 2010 and 2011 . By | 13 | | August 1, 2015 2012 , the Agency shall hold a public hearing | 14 | | to present its findings and solicit additional comments. | 15 | | All additional comments shall be submitted to the Agency in | 16 | | writing no later than October 1, 2015 2012 . | 17 | | (3) The Agency's final report, which shall be issued no | 18 | | later than February 1, 2016 2013 , shall be submitted to the | 19 | | Governor and the General Assembly and shall include | 20 | | specific recommendations for any necessary or appropriate | 21 | | modifications to the program.
| 22 | | (k) Any violation of this Act shall be enforceable by | 23 | | administrative citation. Whenever the Agency personnel or | 24 | | county personnel to whom the Agency has delegated the authority | 25 | | to monitor compliance with this Act shall, on the basis of | 26 | | direct observation, determine that any person has violated any |
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| 1 | | provision of this Act, the Agency or county personnel may issue | 2 | | and serve, within 60 days after the observed violation, an | 3 | | administrative citation upon that person or the entity | 4 | | employing that person. Each citation shall be served upon the | 5 | | person named or the person's authorized agent for service of | 6 | | process and shall include the following: | 7 | | (1) a statement specifying the provisions of this Act | 8 | | that the person or the entity employing the person has | 9 | | violated; | 10 | | (2) a copy of the inspection report in which the Agency | 11 | | or local government recorded the violation and the date and | 12 | | time of the inspection; | 13 | | (3) the penalty imposed under Section 80; and | 14 | | (4) an affidavit by the personnel observing the | 15 | | violation, attesting to their material actions and | 16 | | observations. | 17 | | (l) If the person named in the administrative citation | 18 | | fails to petition the Illinois Pollution Control Board for | 19 | | review within 35 days after the date of service, the Board | 20 | | shall adopt a final order, which shall include the | 21 | | administrative citation and findings of violation as alleged in | 22 | | the citation and shall impose the penalty specified in Section | 23 | | 80. | 24 | | (m) If a petition for review is filed with the Board to | 25 | | contest an administrative citation issued under this Section, | 26 | | the Agency or unit of local government shall appear as a |
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| 1 | | complainant at a hearing before the Board to be conducted | 2 | | pursuant to subsection (n) of this Section at a time not less | 3 | | than 21 days after notice of the hearing has been sent by the | 4 | | Board to the Agency or unit of local government and the person | 5 | | named in the citation. In those hearings, the burden of proof | 6 | | shall be on the Agency or unit of local government. If, based | 7 | | on the record, the Board finds that the alleged violation | 8 | | occurred, it shall adopt a final order, which shall include the | 9 | | administrative citation and findings of violation as alleged in | 10 | | the citation, and shall impose the penalty specified in Section | 11 | | 80 of this Act. However, if the Board finds that the person | 12 | | appealing the citation has shown that the violation resulted | 13 | | from uncontrollable circumstances, the Board shall adopt a | 14 | | final order that makes no finding of violation and imposes no | 15 | | penalty. | 16 | | (n) All hearings under this Act shall be held before a | 17 | | qualified hearing officer, who may be attended by one or more | 18 | | members of the Board, designated by the Chairman. All of these | 19 | | hearings shall be open to the public, and any person may submit | 20 | | written statements to the Board in connection with the subject | 21 | | of these hearings. In addition, the Board may permit any person | 22 | | to offer oral testimony.
Any party to a hearing under this | 23 | | subsection may be represented by counsel, make oral or written | 24 | | argument, offer testimony, cross-examine witnesses, or take | 25 | | any combination of those actions. All testimony taken before | 26 | | the Board shall be recorded stenographically. The transcript so |
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| 1 | | recorded and any additional matter accepted for the record | 2 | | shall be open to public inspection, and copies of those | 3 | | materials shall be made available to any person upon payment of | 4 | | the actual cost of reproducing the original. | 5 | | (o) Counties that have entered into a delegation agreement | 6 | | with the Agency pursuant to subsection (r) of Section 4 of the | 7 | | Illinois Environmental Protection Act for the purpose of | 8 | | conducting inspection, investigation, or enforcement-related | 9 | | functions may conduct inspections for noncompliance with this | 10 | | Act. | 11 | | (Source: P.A. 95-959, eff. 9-17-08; 96-328, eff. 8-11-09.) | 12 | | (415 ILCS 150/30) | 13 | | Sec. 30. Manufacturer responsibilities. | 14 | | (a) Prior to April 1, 2009 for the first program year, and | 15 | | by October 1 for program year 2011 and each program year | 16 | | thereafter, manufacturers who sell whose computers, computer | 17 | | monitors, printers, or televisions , electronic keyboards, | 18 | | facsimile machines, videocassette recorders, portable digital | 19 | | music players that have memory capability and are battery | 20 | | powered, digital video disc players, video game consoles, | 21 | | electronic mice, scanners, digital converter boxes, cable or | 22 | | satellite receivers, digital video disc recorders, or | 23 | | small-scale servers sold at retail are sold in this State must | 24 | | register with the Agency. The registration must be submitted in | 25 | | the form and manner required by the Agency. The registration |
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| 1 | | must include, without limitation, all of the following: | 2 | | (1) a list of all of the manufacturer's brands of | 3 | | computers, computer monitors, printers, or televisions to | 4 | | be offered for sale in the next program year; | 5 | | (2) (blank) for manufacturers of both televisions and | 6 | | computers, computer monitors, or printers, an | 7 | | identification of whether, for residential use, (i) | 8 | | televisions or (ii) computers, computer monitors, and | 9 | | printers, represent the larger number of units sold for the | 10 | | manufacturer ; and | 11 | | (3) a statement disclosing whether : (A) any computer, | 12 | | computer monitor, printer, or television sold in this State | 13 | | exceeds the maximum concentration values established for | 14 | | lead, mercury, cadmium, hexavalent chromium, | 15 | | polybrominated biphenyls (PBBs), and polybrominated | 16 | | diphenyl ethers (PBDEEs) under the RoHS (restricting the | 17 | | use of certain hazardous substances in electrical and | 18 | | electronic equipment) Directive 2002/95/EC of the European | 19 | | Parliament and Council and any amendments thereto and, if | 20 | | so, an identification of that computer, computer monitor, | 21 | | printer, or television ; or (B) the manufacturer has | 22 | | received an exemption from one or more of those maximum | 23 | | concentration values under the RoHS Directive that has been | 24 | | approved and published by the European Commission . | 25 | | If, during the program year, a manufacturer's computer, | 26 | | computer monitor, printer, or television , electronic keyboard, |
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| 1 | | facsimile machine, videocassette recorder, portable digital | 2 | | music player that has memory capability and is battery powered, | 3 | | digital video disc player, video game console, electronic | 4 | | mouse, scanner, digital converter box, cable or satellite | 5 | | receiver, digital video disc recorder, or small-scale server | 6 | | sold at retail is sold or offered for sale in Illinois under a | 7 | | new brand that is not listed in the manufacturer's | 8 | | registration, then, within 30 days after the first sale or | 9 | | offer for sale under the new brand, the manufacturer must amend | 10 | | its registration to add the new brand. | 11 | | (b) Prior to July 1, 2009 for the first program year, and | 12 | | by the November 1 preceding program years 2011 and later, all | 13 | | manufacturers whose CEDs whose computers, computer monitors, | 14 | | printers, or televisions are offered for sale sold in the State | 15 | | shall submit to the Agency, at an address prescribed by the | 16 | | Agency, the registration fee for the next program year. The | 17 | | registration fee for program year 2010 is $5,000. The | 18 | | registration fee for program year 2011 is $5,000, increased by | 19 | | the applicable inflation factor as described below. In program | 20 | | year 2012, if, in program year 2011, a manufacturer sold 250 or | 21 | | fewer CEDs in the State, then the registration fee for that | 22 | | manufacturer is $1,250. In each program year after 2012, if, in | 23 | | the preceding program year, a manufacturer sold 250 or fewer | 24 | | CEDs in the State, then the registration fee is the fee that | 25 | | applied in the previous year to manufacturers that sold that | 26 | | number of CEDs, increased by the applicable inflation factor as |
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| 1 | | described below. In program year 2012, if, in the preceding | 2 | | program year a manufacturer sold 251 or more CEDs in the State, | 3 | | then the registration fee for that manufacturer is $5,000. In | 4 | | each program year after 2012, if, in the preceding program | 5 | | year, a manufacturer sold 251 or more CEDs in the State, then | 6 | | the registration fee is the fee that applied in the previous | 7 | | year to manufacturers that sold that number of CEDs, increased | 8 | | by the applicable inflation factor as described below. For | 9 | | program year years 2011 , program year 2013, and each program | 10 | | year thereafter later , the applicable registration fee is | 11 | | increased each year by an inflation factor determined by the | 12 | | annual Implicit Price Deflator for Gross National Product, as | 13 | | published by the U.S. Department of Commerce in its Survey of | 14 | | Current Business. The inflation factor must be calculated each | 15 | | year by dividing the latest published annual Implicit Price | 16 | | Deflator for Gross National Product by the annual Implicit | 17 | | Price Deflator for Gross National Product for the previous | 18 | | year. The inflation factor must be rounded to the nearest | 19 | | 1/100th, and the resulting registration fee must be rounded to | 20 | | the nearest whole dollar. No later than October 1 of each | 21 | | program year, the Agency shall post on its website the | 22 | | registration fee for the next program year. | 23 | | (c) A manufacturer whose CEDs computers, computer | 24 | | monitors, printers, or televisions are first sold or offered | 25 | | for sale in this State on or after January 1 of a program year | 26 | | must register with the Agency within 30 days after the first |
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| 1 | | sale or offer for sale in accordance with subsection (a) of | 2 | | this Section and submit the registration fee required under | 3 | | subsection (b) of this Section prior to the CEDs manufacturer's | 4 | | computers, computer monitors, printers, or televisions being | 5 | | sold or offered for sale. | 6 | | (d) Each manufacturer shall recycle or process for reuse | 7 | | CEDs and EEDs whose total weight equals or exceeds the | 8 | | manufacturer's individual recycling and reuse goal set forth in | 9 | | Section 15 Section 19 of this Act. Individual consumers shall | 10 | | may not be charged a an end-of-life fee when bringing their | 11 | | CEDs and EEDs to permanent or temporary collection locations, | 12 | | unless a financial incentive of equal or greater value, such as | 13 | | a coupon, is provided. Collectors may charge a fee for premium | 14 | | services such as curbside collection, home pick-up, or a | 15 | | similar method of collection. | 16 | | When determining whether a manufacturer has met or exceeded | 17 | | its individual recycling and reuse goal set forth in Section 15 | 18 | | Section 19 of this Act, all of the following adjustments must | 19 | | be made: | 20 | | (1) The total weight of CEDs processed for reuse by the | 21 | | manufacturer, its recyclers, or its refurbishers for reuse | 22 | | is doubled. | 23 | | (2) The total weight of CEDs is tripled if they are | 24 | | donated for reuse by the manufacturer to a primary or | 25 | | secondary public education institution the majority of | 26 | | whose students are considered low income or |
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| 1 | | developmentally disabled or to a not-for-profit entity | 2 | | that is established under Section 501(c)(3) of the Internal | 3 | | Revenue Code of 1986 and whose principal mission is to | 4 | | assist low-income children or families or to assist the | 5 | | developmentally disabled in Illinois. This subsection | 6 | | applies only to CEDs for which the manufacturer has | 7 | | received a written confirmation that the recipient has | 8 | | accepted the donation. Copies of all written confirmations | 9 | | must be submitted in the annual report required under | 10 | | Section 30. | 11 | | (3) The total weight of CEDs collected by manufacturers | 12 | | free of charge in underserved counties is doubled. This | 13 | | subsection applies only to CEDs that are documented by | 14 | | collectors as being collected or received free of charge in | 15 | | underserved counties. This documentation must include, | 16 | | without limitation, the date and location of collection or | 17 | | receipt, the weight of the CEDs collected or received, and | 18 | | an acknowledgement by the collector that the CEDs were | 19 | | collected or received free of charge. Copies of the | 20 | | documentation must be submitted in the annual report | 21 | | required under subsection (h), (i), (j), (k), or (l) of | 22 | | Section 30. | 23 | | (4) If an entity (i) collects, recycles, or refurbishes | 24 | | CEDs for a manufacturer, (ii) qualifies for non-profit | 25 | | status under Section 501(c)(3) of the Internal Revenue Code | 26 | | of 1986, and (iii) at least 75% of its employees are |
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| 1 | | developmentally disabled, then the total weight of CEDs | 2 | | will be tripled. A manufacturer that uses such a recycler | 3 | | or refurbisher shall submit documentation in the annual | 4 | | report required under Section 30 identifying the name, | 5 | | location, and length of service of the entity that | 6 | | qualifies for credit under this subsection. | 7 | | (e) Manufacturers of computers, computer monitors, or | 8 | | printers, either individually or collectively, shall hire an | 9 | | independent third-party auditor to perform statistically | 10 | | significant return share samples of CEDs received by recyclers | 11 | | and refurbishers for recycling or processing for reuse. Each | 12 | | third-party auditor shall perform a return share sample of CEDs | 13 | | for at least one 8-hour period, once a quarter during the | 14 | | program year at the facility of each registered recycler and | 15 | | refurbisher under contract with the manufacturer or group of | 16 | | manufacturers that has hired the auditor. The audit shall | 17 | | contain the following data: | 18 | | (1) the number and weight of CEDs, sorted by brand name | 19 | | and product type, including a category for orphan CEDs; | 20 | | (2) the total weight of the sample by product type; | 21 | | (3) the date, location, and time of the sampling; | 22 | | (4) the name or names of the manufacturer for whom the | 23 | | recycler is performing activities under this Act; and | 24 | | (5) a certification by the third-party auditor that the | 25 | | sampling is statistically significant and, if not, an | 26 | | explanation as to what occurred to render the sampling |
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| 1 | | insignificant. | 2 | | The manufacturer shall notify the Agency 30 days prior to | 3 | | the third-party auditor's return share sampling by providing | 4 | | the Agency with the time and date on which the third-party | 5 | | auditor will perform the return share sample. The Agency may, | 6 | | at its discretion, be present at any sampling event and may | 7 | | audit the methodology and the results of the third-party | 8 | | auditor. | 9 | | No less than 30 days after the close of each calendar | 10 | | quarter, the manufacturer shall submit to the Agency the | 11 | | results of the third-party samplings conducted during the | 12 | | quarter. The results shall be submitted in the form and manner | 13 | | required by the Agency. | 14 | | (f) Manufacturers shall ensure that only recyclers and | 15 | | refurbishers that have registered with the Agency are used to | 16 | | meet the individual recycling and reuse goals set forth in this | 17 | | Act. | 18 | | (g) Manufacturers shall ensure that the recyclers and | 19 | | refurbishers used to meet the individual recycling and reuse | 20 | | goals set forth in this Act shall, at a minimum, comply with | 21 | | the standards set forth under subsection (d) of Section 50 of | 22 | | this Act. By November 1, 2011 and every November 1 thereafter, | 23 | | manufacturers shall submit a document, as prescribed by the | 24 | | Agency, listing each registered recycler and refurbisher that | 25 | | will be used to meet the manufacturer's annual CED recycling | 26 | | and reuse goal and certifying that those recyclers or |
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| 1 | | refurbishers comply with the standards set forth in subsection | 2 | | (d) of Section 50. | 3 | | (h) By September 1, 2012 and every September 1 thereafter | 4 | | August 15, 2009 , CED television manufacturers shall submit to | 5 | | the Agency, in the form and manner required by the Agency, a | 6 | | report that contains the total weight of CEDs televisions sold | 7 | | under each of the manufacturer's brands to individuals at | 8 | | retail in this State as calculated under subsection (c) and | 9 | | (c-15) of Section 15. Each manufacturer shall indicate on the | 10 | | report whether the total weight of CEDs was derived from its | 11 | | own sales records or national sales data. If a manufacturer's | 12 | | CED weight is derived from national sales data, the | 13 | | manufacturer shall indicate the source of the sales data. , as | 14 | | set forth in the reports to manufacturers by retailers under | 15 | | subsection (c) of Section 40. | 16 | | (i) (Blank). No later than September 1, 2010, television | 17 | | manufacturers must submit to the Agency, in the form and manner | 18 | | required by the Agency, a report for the period January 1, 2010 | 19 | | through June 30, 2010 that contains both of the following: | 20 | | (1) The total weight of televisions sold under each of | 21 | | the manufacturer's brands to individuals at retail in this | 22 | | State, from one of the following 2 sources, with the | 23 | | manufacturer indicating in the report which of the 2 data | 24 | | sources was used, and, if a national sales data report was | 25 | | used, the name of the national sales data source: | 26 | | (A) the manufacturer's own sales reports; or |
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| 1 | | (B) national sales data reports obtained by the | 2 | | manufacturer and pro-rated to Illinois by multiplying | 3 | | the weight of the manufacturer's televisions sold | 4 | | nationally by the quotient that results from dividing | 5 | | the population of Illinois by the population of the | 6 | | United States. The population of Illinois and the | 7 | | United States shall be obtained using the most recent | 8 | | U.S. census data. | 9 | | (2) The total weight of computers, the total weight of | 10 | | computer monitors, the total weight of printers, the total | 11 | | weight of televisions, and the total weight of EEDs | 12 | | recycled or processed for reuse. | 13 | | (j) (Blank). By August 15, 2010, computer, computer | 14 | | monitor, and printer manufacturers shall submit to the Agency, | 15 | | on forms and in a format prescribed by the Agency, a report for | 16 | | the period January 1, 2010 through June 30, 2010 that contains | 17 | | the total weight of computers, the total weight of computer | 18 | | monitors, the total weight of printers, the total weight of | 19 | | televisions, and the total weight of EEDs, recycled or | 20 | | processed for reuse. | 21 | | (k) (Blank). No later than April 1 of program years 2011 | 22 | | and thereafter, television manufacturers shall submit to the | 23 | | Agency, in the form and manner required by the Agency, a report | 24 | | that contains all of the following information for the previous | 25 | | program year: | 26 | | (1) The total weight of televisions sold under each of |
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| 1 | | the manufacturer's brands to individuals at retail in this | 2 | | State, from one of the following 2 sources, with the | 3 | | manufacturer indicating in the report which of the two data | 4 | | sources was used, and, if a national sales data report was | 5 | | used, the name of the national sales data source: | 6 | | (a) the manufacturer's own sales reports; or | 7 | | (b) national sales data reports obtained by the | 8 | | manufacturer and pro-rated to Illinois by multiplying | 9 | | the weight of the manufacturer's televisions sold | 10 | | nationally by the quotient that results from dividing | 11 | | the population of Illinois by the population of the | 12 | | United States. The population of Illinois and the | 13 | | United States shall be obtained using the most recent | 14 | | U.S. census data. | 15 | | (2) The total weight of computers, the total weight of | 16 | | computer monitors, the total weight of printers, the total | 17 | | weight of televisions, and the total weight of EEDs | 18 | | recycled or processed for reuse. | 19 | | (3) The identification of all weights that are adjusted | 20 | | under subsection (d) of this Section. For all weights | 21 | | adjusted under item (2) of subsection (d), the manufacturer | 22 | | must include copies of the written confirmation required | 23 | | under that subsection. | 24 | | (4) A list of each recycler, refurbisher, and collector | 25 | | used by the manufacturer to fulfill the manufacturer's | 26 | | individual recycling and reuse goal set forth in Section 19 |
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| 1 | | of this Act. | 2 | | (5) A summary of the manufacturer's consumer education | 3 | | program required under subsection (m) of this Section. | 4 | | (l) On or before January 31, 2013 and on or before every | 5 | | January 31 No later than April 1 of program years 2011 and | 6 | | thereafter, CED computer, computer monitor, and printer | 7 | | manufacturers shall submit to the Agency, on forms and in a | 8 | | format prescribed by the Agency, a report that contains all of | 9 | | the following information for the previous program year: | 10 | | (1) The the total weight of computers, the total weight | 11 | | of computer monitors, the total weight of printers, the | 12 | | total weight of televisions, and the total weight of EEDs | 13 | | recycled or processed for reuse . ; | 14 | | (2) The the identification of all weights that are | 15 | | adjusted under subsection (d) of this Section. For all | 16 | | weights adjusted under item (2) of subsection (d), the | 17 | | manufacturer must include copies of the written | 18 | | confirmation required under that subsection . ; | 19 | | (3) A a list of each recycler, refurbisher, and | 20 | | collector used by the manufacturer to fulfill the | 21 | | manufacturer's individual recycling and reuse goal set | 22 | | forth in subsection (c) of Section 15 of this Act . ; and | 23 | | (4) A a summary of the manufacturer's consumer | 24 | | education program required under subsection (m) of this | 25 | | Section. | 26 | | (m) Manufacturers must develop and maintain a consumer |
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| 1 | | education program that complements and corresponds to the | 2 | | primary retailer-driven campaign required under Section 40 of | 3 | | this Act. The education program shall promote the recycling of | 4 | | electronic products and proper end-of-life management of the | 5 | | products by consumers. | 6 | | (n) Beginning January 1 2010, no manufacturer may sell a | 7 | | computer, computer monitor, printer, or television in this | 8 | | State unless the manufacturer is registered with the State as | 9 | | required under this Act, has paid the required registration | 10 | | fee, and is otherwise in compliance with the provisions of this | 11 | | Act. | 12 | | (o) Beginning January 1, 2010, no manufacturer may sell a | 13 | | computer, computer monitor, printer, or television in this | 14 | | State unless the manufacturer's brand name is permanently | 15 | | affixed to, and is readily visible on, the computer, computer | 16 | | monitor, printer, or television. | 17 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | 18 | | (415 ILCS 150/50)
| 19 | | Sec. 50. Recycler and refurbisher registration. | 20 | | (a) Prior to January 1 of each program year, each recycler | 21 | | and refurbisher must register with the Agency and submit a | 22 | | registration fee pursuant to subsection (b) for that program | 23 | | year. Registration must be on forms and in a format prescribed | 24 | | by the Agency and shall include, but not be limited to, the | 25 | | address of each location where the recycler or refurbisher |
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| 1 | | manages CEDs or EEDs and identification of each location at | 2 | | which the recycler or refurbisher accepts CEDs or EEDs from a | 3 | | residence. | 4 | | (b) The registration fee for program year 2010 is $2,000. | 5 | | For program year 2011, if a recycler's or refurbisher's annual | 6 | | combined total weight of CEDs and EEDs is less than 1,000 tons | 7 | | per year, the registration fee shall be $500. For program year | 8 | | 2012 and for all subsequent program years, both registration | 9 | | fees shall be increased each year by an inflation factor | 10 | | determined by the annual Implicit Price Deflator for Gross | 11 | | National Product as published by the U.S. Department of | 12 | | Commerce in its Survey of Current Business. The inflation | 13 | | factor must be calculated each year by dividing the latest | 14 | | published annual Implicit Price Deflator for Gross National | 15 | | Product by the annual Implicit Price Deflator for Gross | 16 | | National Product for the previous year. The inflation factor | 17 | | must be rounded to the nearest 1/100th, and the resulting | 18 | | registration fee must be rounded to the nearest whole dollar. | 19 | | No later than October 1 of each program year, the Agency shall | 20 | | post on its website the registration fee for the next program | 21 | | year. | 22 | | (c) No person may act as a recycler or a refurbisher of | 23 | | CEDs for a manufacturer obligated to meet goals under this Act | 24 | | unless the recycler or refurbisher is registered and has paid | 25 | | the registration fee as required under this Section. Registered | 26 | | recyclers and refurbishers must accept any delivered CED or |
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| 1 | | EED. Neither a registered recycler nor a refurbisher may charge | 2 | | individual consumers a fee to recycle or refurbish CEDs and | 3 | | EEDs, unless the recycler or refurbisher provides (i) a | 4 | | financial incentive, such as a coupon, that is of greater or | 5 | | equal value to the applicable item or (ii) premium service, | 6 | | such as curbside collection, home pick-up, or a similar method | 7 | | of collection. | 8 | | (d) Recyclers and refurbishers must, at a minimum, comply | 9 | | with all of the following: | 10 | | (1) Recyclers and refurbishers must comply with | 11 | | federal, State, and local laws and regulations, including | 12 | | federal and State minimum wage laws, specifically relevant | 13 | | to the handling, processing, refurbishing and recycling of | 14 | | residential CEDs and must have proper authorization by all | 15 | | appropriate governing authorities to perform the handling, | 16 | | processing, refurbishment, and recycling. | 17 | | (2) Recyclers and refurbishers must implement the | 18 | | appropriate measures to safeguard occupational and | 19 | | environmental health and safety, through the following: | 20 | | (A) environmental health and safety training of | 21 | | personnel, including training with regard to material | 22 | | and equipment handling, worker exposure, controlling | 23 | | releases, and safety and emergency procedures; | 24 | | (B) an up-to-date, written plan for the | 25 | | identification and management of hazardous materials; | 26 | | and |
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| 1 | | (C) an up-to-date, written plan for reporting and | 2 | | responding to exceptional pollutant releases, | 3 | | including emergencies such as accidents, spills, | 4 | | fires, and explosions. | 5 | | (3) Recyclers and refurbishers must maintain (i) | 6 | | commercial general liability insurance or the equivalent | 7 | | corporate guarantee for accidents and other emergencies | 8 | | with limits of not less than $1,000,000 per occurrence and | 9 | | $1,000,000 aggregate and (ii) pollution legal liability | 10 | | insurance with limits not less than $1,000,000 per | 11 | | occurrence for companies engaged solely in the dismantling | 12 | | activities and $5,000,000 per occurrence for companies | 13 | | engaged in recycling. | 14 | | (4) Recyclers and refurbishers must maintain on file | 15 | | documentation that demonstrates the completion of an | 16 | | environmental health and safety audit completed and | 17 | | certified by a competent internal and external auditor | 18 | | annually. A competent auditor is an individual who, through | 19 | | professional training or work experience, is appropriately | 20 | | qualified to evaluate the environmental health and safety | 21 | | conditions, practices, and procedures of the facility. | 22 | | Documentation of auditors' qualifications must be | 23 | | available for inspection by Agency officials and | 24 | | third-party auditors. | 25 | | (5) Recyclers and refurbishers must maintain on file | 26 | | proof of workers' compensation and employers' liability |
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| 1 | | insurance. | 2 | | (6) Recyclers and refurbishers must provide adequate | 3 | | assurance (such as bonds or corporate guarantee) to cover | 4 | | environmental and other costs of the closure of the | 5 | | recycler or refurbisher's facility, including cleanup of | 6 | | stockpiled equipment and materials. | 7 | | (7) Recyclers and refurbishers must apply due | 8 | | diligence principles to the selection of facilities to | 9 | | which components and materials (such as plastics, metals, | 10 | | and circuit boards) from CEDs and EEDs are sent for reuse | 11 | | and recycling. | 12 | | (8) Recyclers and refurbishers must establish a | 13 | | documented environmental management system that is | 14 | | appropriate in level of detail and documentation to the | 15 | | scale and function of the facility, including documented | 16 | | regular self-audits or inspections of the recycler or | 17 | | refurbisher's environmental compliance at the facility. | 18 | | (9) Recyclers and refurbishers must use the | 19 | | appropriate equipment for the proper processing of | 20 | | incoming materials as well as controlling environmental | 21 | | releases to the environment. The dismantling operations | 22 | | and storage of CED and EED components that contain | 23 | | hazardous substances must be conducted indoors and over | 24 | | impervious floors. Storage areas must be adequate to hold | 25 | | all processed and unprocessed inventory. When heat is used | 26 | | to soften solder and when CED and EED components are |
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| 1 | | shredded, operations must be designed to control indoor and | 2 | | outdoor hazardous air emissions. | 3 | | (10) Recyclers and refurbishers must establish a | 4 | | system for identifying and properly managing components | 5 | | (such as circuit boards, batteries, CRTs, and mercury | 6 | | phosphor lamps) that are removed from CEDs and EEDs during | 7 | | disassembly. Recyclers and refurbishers must properly | 8 | | manage all hazardous and other components requiring | 9 | | special handling from CEDs and EEDs consistent with | 10 | | federal, State, and local laws and regulations. Recyclers | 11 | | and refurbishers must provide visible tracking (such as | 12 | | hazardous waste manifests or bills of lading) of hazardous | 13 | | components and materials from the facility to the | 14 | | destination facilities and documentation (such as | 15 | | contracts) stating how the destination facility processes | 16 | | the materials received. No recycler or refurbisher may | 17 | | send, either directly or through intermediaries, hazardous | 18 | | wastes to solid waste (non-hazardous waste) landfills or to | 19 | | non-hazardous waste incinerators for disposal or energy | 20 | | recovery. For the purpose of these guidelines, smelting of | 21 | | hazardous wastes to recover metals for reuse in conformance | 22 | | with all applicable laws and regulations is not considered | 23 | | disposal or energy recovery. | 24 | | (11) Recyclers and refurbishers must use a regularly | 25 | | implemented and documented monitoring and record-keeping | 26 | | program that tracks inbound CED and EED material weights |
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| 1 | | (total) and subsequent outbound weights (total to each | 2 | | destination), injury and illness rates, and compliance | 3 | | with applicable permit parameters including monitoring of | 4 | | effluents and emissions. Recyclers and refurbishers must | 5 | | maintain contracts or other documents, such as sales | 6 | | receipts, suitable to demonstrate: (i) the reasonable | 7 | | expectation that there is a downstream market or uses for | 8 | | designated electronics (which may include recycling or | 9 | | reclamation processes such as smelting to recover metals | 10 | | for reuse); and (ii) that any residuals from recycling or | 11 | | reclamation processes, or both, are properly handled and | 12 | | managed to maximize reuse and recycling of materials to the | 13 | | extent practical. | 14 | | (12) Recyclers and refurbishers must comply with | 15 | | federal and international law and agreements regarding the | 16 | | export of used products or materials. In the case of | 17 | | exports of CEDs and EEDs, recyclers and refurbishers must | 18 | | comply with applicable requirements of the U.S. and of the | 19 | | import and transit countries and must maintain proper | 20 | | business records documenting its compliance. No recycler | 21 | | or refurbisher may establish or use intermediaries for the | 22 | | purpose of circumventing these U.S. import and transit | 23 | | country requirements. | 24 | | (13) Recyclers and refurbishers that conduct | 25 | | transactions involving the transboundary shipment of used | 26 | | CEDs and EEDs shall use contracts (or the equivalent |
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| 1 | | commercial arrangements) made in advance that detail the | 2 | | quantity and nature of the materials to be shipped. For the | 3 | | export of materials to a foreign country (directly or | 4 | | indirectly through downstream market contractors): (i) the | 5 | | shipment of intact televisions and computer monitors | 6 | | destined for reuse must include only whole products that | 7 | | are tested and certified as being in working order or | 8 | | requiring only minor repair (e.g. not requiring the | 9 | | replacement of circuit boards or CRTs), must be destined | 10 | | for reuse with respect to the original purpose, and the | 11 | | recipient must have verified a market for the sale or | 12 | | donation of such product for reuse; (ii) the shipments of | 13 | | CEDs and EEDs for material recovery must be prepared in a | 14 | | manner for recycling, including, without limitation, | 15 | | smelting where metals will be recovered, plastics recovery | 16 | | and glass-to-glass recycling; or (iii) the shipment of CEDs | 17 | | and EEDs are being exported to companies or facilities that | 18 | | are owned or controlled by the original equipment | 19 | | manufacturer. | 20 | | (14) Recyclers and refurbishers must maintain the | 21 | | following export records for each shipment on file for a | 22 | | minimum of 3 years: (i) the facility name and the address | 23 | | to which shipment is exported; (ii) the shipment contents | 24 | | and volumes; (iii) the intended use of contents by the | 25 | | destination facility; (iv) any specification required by | 26 | | the destination facility in relation to shipment contents; |
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| 1 | | (v) an assurance that all shipments for export, as | 2 | | applicable to the CED manufacturer, are legal and satisfy | 3 | | all applicable laws of the destination country. | 4 | | (15) Recyclers and refurbishers must employ | 5 | | industry-accepted procedures for the destruction or | 6 | | sanitization of data on hard drives and other data storage | 7 | | devices. Acceptable guidelines for the destruction or | 8 | | sanitization of data are contained in the National | 9 | | Institute of Standards and Technology's Guidelines for | 10 | | Media Sanitation or those guidelines certified by the | 11 | | National Association for Information Destruction; | 12 | | (16) No recycler or refurbisher may employ prison labor | 13 | | in any operation related to the collection, | 14 | | transportation, recycling, and refurbishment of CEDs and | 15 | | EEDs. No recycler or refurbisher may employ any third party | 16 | | that uses or subcontracts for the use of prison labor.
| 17 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | 18 | | (415 ILCS 150/55)
| 19 | | Sec. 55. Collector responsibilities. | 20 | | (a) No later than January 1 of each program year, | 21 | | collectors that collect or receive CEDs or EEDs for one or more | 22 | | manufacturers, recyclers, or refurbishers shall register with | 23 | | the Agency. Registration must be in the form and manner | 24 | | required by the Agency and must include, without limitation, | 25 | | the address of each location where CEDs or EEDs are received |
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| 1 | | and the identification of each location at which the collector | 2 | | accepts CEDs or EEDs from a residence. | 3 | | (b) Manufacturers, recyclers, refurbishers also acting as | 4 | | collectors shall so indicate on their registration under | 5 | | Section 30 or 50 and not register separately as collectors. | 6 | | (c) No later than August 15, 2010, collectors must submit | 7 | | to the Agency, on forms and in a format prescribed by the | 8 | | Agency, a report for the period from January 1, 2010 through | 9 | | June 30, 2010 that contains the following information: the | 10 | | total weight of computers, the total weight of computer | 11 | | monitors, the total weight of printers, the total weight of | 12 | | televisions, and the total weight of EEDs collected or received | 13 | | for each manufacturer. | 14 | | (d) By January 31 No later than May 1 of each program year, | 15 | | collectors must submit to the Agency, on forms and in a format | 16 | | prescribed by the Agency, a report that contains the following | 17 | | information for the previous program year: | 18 | | (1) The the total weight of individual CEDs collected | 19 | | computers, the total weight of computer monitors, the total | 20 | | weight of printers, the total weight of televisions, and | 21 | | the total weight of EEDs collected or received for each | 22 | | manufacturer during the previous program year. | 23 | | (2) A a list of each recycler and refurbisher that | 24 | | received CEDs and EEDs from the collector and the total | 25 | | weight each recycler and refurbisher received. | 26 | | (3) The the address of each collector's facility where |
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| 1 | | the CEDs and EEDs were collected or received. Each facility | 2 | | address must include the county in which the facility is | 3 | | located. | 4 | | (e) Collectors may accept no more than 10 CEDs or EEDs at | 5 | | one time from individual members of the public and, when | 6 | | scheduling collection events, shall provide no fewer than 30 | 7 | | days' notice to the county waste agency of those events.
| 8 | | (f) No collector of CEDs and EEDs may recycle, or refurbish | 9 | | for reuse or resale CEDs or EEDs, to a third-party unless the | 10 | | collector registers as a recycler or refurbisher pursuant to | 11 | | Section 50 and pays the registration fee pursuant to Section | 12 | | 50. | 13 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | 14 | | (415 ILCS 150/60)
| 15 | | Sec. 60. Collection strategy for underserved counties. | 16 | | (a) For program year 2010 and 2011 , all counties in this | 17 | | State except the following are considered underserved: | 18 | | Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock, | 19 | | Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston, | 20 | | Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock | 21 | | Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren, | 22 | | Will, Williamson, and Winnebago. | 23 | | (b) For program year 2012 and each program year thereafter | 24 | | underserved counties shall be those counties within the State | 25 | | of Illinois with a population density of 190 persons or less |
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| 1 | | per square mile based on the most recent U.S. Census population | 2 | | estimate. For program years 2011 and later, underserved | 3 | | counties shall be counties in this State that, during the | 4 | | program year 2 years prior, were not served by a minimum of one | 5 | | collection site that (i) accepted all types of CEDs and EEDs | 6 | | and (ii) was open for a minimum of 8 hours on at least one day | 7 | | per month of that program year. For the purposes of this | 8 | | subsection (b), 2009 shall be considered to have been a program | 9 | | year, and for the program year 2012 the determination of | 10 | | whether a county is underserved shall be based on the criteria | 11 | | of this subsection (b) instead of the county's inclusion in the | 12 | | list set forth in subsection (a) of this Section.
| 13 | | (Source: P.A. 95-959, eff. 9-17-08.) | 14 | | (415 ILCS 150/65)
| 15 | | Sec. 65. State government procurement. | 16 | | (a) The Department of Central Management Services shall | 17 | | ensure that all bid specifications and contracts for the | 18 | | purchase or lease of desktop computers, laptop or notebook | 19 | | computers, and computer monitors, by State agencies under a | 20 | | statewide master contract require that the electronic products | 21 | | have a Bronze performance tier or higher registration under the | 22 | | Electronic Product Environmental Assessment Tool ("EPEAT") | 23 | | operated by the Green Electronics Council. | 24 | | (b) The Department of Central Management Services shall | 25 | | ensure that bid specifications and contracts for the purchase |
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| 1 | | or lease of televisions , and printers , electronic keyboards, | 2 | | facsimile machines, videocassette recorders, portable digital | 3 | | music players that have memory capability and are battery | 4 | | powered, digital video disc players, video game consoles, | 5 | | electronic mice, scanners, digital converter boxes, cable or | 6 | | satellite receivers, digital video disc recorders, or | 7 | | small-scale servers by State agencies under a statewide master | 8 | | contract require that those items the televisions have a Bronze | 9 | | performance tier or higher registration under EPEAT if the | 10 | | Department determines that there are an adequate number of | 11 | | those items the televisions or printers registered under EPEAT | 12 | | to provide a sufficiently competitive bidding environment. | 13 | | (c) This Section applies to bid specifications issued, and | 14 | | contracts entered into, on or after January 1, 2010.
| 15 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | 16 | | (415 ILCS 150/80)
| 17 | | Sec. 80. Penalties. | 18 | | (a) Except as otherwise provided in this Act, any person | 19 | | who violates any provision of this Act or fails to perform any | 20 | | duty under this Act is liable for a civil penalty not to exceed | 21 | | $15,000 $1,000 for the violation and an additional civil | 22 | | penalty not to exceed $5,000 $1,000 for each day the violation | 23 | | continues and is liable for a civil penalty not to exceed | 24 | | $5,000 for a second or subsequent violation and an additional | 25 | | civil penalty not to exceed $1,000 for each day the second or |
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| 1 | | subsequent violation continues . | 2 | | (b) A manufacturer that is not registered with the Agency | 3 | | as required under this Act, or that has not paid the | 4 | | registration fee as required under this Act, is liable for a | 5 | | civil penalty not to exceed $10,000 for the violation and an | 6 | | additional civil penalty not to exceed $10,000 for each day the | 7 | | violation continues. | 8 | | (c) A manufacturer in violation of subsection (d) of | 9 | | Section 30 of this Act in program year 2012 or thereafter is | 10 | | liable for a civil penalty equal to the following: | 11 | | (1) In program year 2012, if the total weight of CEDs | 12 | | and EEDs recycled or processed for reuse by the | 13 | | manufacturer is less than 60% of the manufacturer's | 14 | | individual recycling or reuse goal set forth in subsection | 15 | | (c) of Section 15 Section 19 of this Act, the manufacturer | 16 | | shall pay a penalty equal to the product of: (i) $0.70 per | 17 | | pound; multiplied by (ii) the difference between the | 18 | | manufacturer's individual recycling or reuse goal and the | 19 | | total weight of CEDs and EEDs recycled or processed for | 20 | | reuse by the manufacturer during the program year. | 21 | | (2) In program year 2013, and each year thereafter, if | 22 | | the total weight of CEDs and EEDs recycled or processed for | 23 | | reuse by the manufacturer less than 75% of the | 24 | | manufacturer's individual recycling or reuse goal set | 25 | | forth in Section 19 of this Act, the manufacturer shall pay | 26 | | a penalty equal to the product of: (i) $0.70 per pound; |
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| 1 | | multiplied by (ii) the difference between the | 2 | | manufacturer's individual recycling or reuse goal and the | 3 | | total weight of CEDs and EEDs recycled or processed for | 4 | | reuse by the manufacturer during the program year. | 5 | | (d) Beginning January 1, 2010, a manufacturer in violation | 6 | | of subsection (e), (h), (i), (j), (k), or (l) , or (m) of | 7 | | Section 30 is liable for a civil penalty not to exceed $5,000 | 8 | | for the violation. | 9 | | (e) Any person in violation of Section 50 of this Act is | 10 | | liable for a civil penalty not to exceed $5,000 for the | 11 | | violation. | 12 | | (f) A knowing violation of subsections (a) and (c) of | 13 | | Section 95 of this Act is a petty offense punishable by a fine | 14 | | of $1500; however, a knowing violation of subsections (a) and | 15 | | (c) of Section 95 of this Act by a residential consumer is a | 16 | | petty offense punishable by a fine of $100. | 17 | | (g) The penalties provided for in this Act may be recovered | 18 | | in a civil action brought by the Attorney General in the name | 19 | | of the People of the State of Illinois. Any moneys collected | 20 | | under this Section in which the Attorney General has prevailed | 21 | | may be deposited into the Electronic Recycling Fund, | 22 | | established under this Act. | 23 | | (h) The Attorney General, at the request of the Agency or | 24 | | on his or her own motion, may institute a civil action for an | 25 | | injunction, prohibitory or mandatory, to restrain violations | 26 | | of this Act or to require such actions as may be necessary to |
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| 1 | | address violations of this Act. | 2 | | (i) The penalties and injunctions provided in this Act are | 3 | | in addition to any penalties, injunctions, or other relief | 4 | | provided under any other law. Nothing in this Act bars a cause | 5 | | of action by the State for any other penalty, injunction, or | 6 | | relief provided by any other law.
| 7 | | (Source: P.A. 95-959, eff. 9-17-08.) | 8 | | (415 ILCS 150/95)
| 9 | | Sec. 95. Landfill ban. | 10 | | (a) Except as may be provided pursuant to subsection (e) of | 11 | | this Section, and beginning January 1, 2012, no person may | 12 | | knowingly cause or allow the mixing of a CED, or any other | 13 | | computer, computer monitor, printer, or television , electronic | 14 | | keyboard, facsimile machine, videocassette recorder, portable | 15 | | digital music player, digital video disc player, or video game | 16 | | console with municipal waste that is intended for disposal at a | 17 | | landfill. | 18 | | (b) Except as may be provided pursuant to subsection (e) of | 19 | | this Section, and beginning January 1, 2012, no person may | 20 | | knowingly cause or allow the disposal of a CED or any other | 21 | | computer, computer monitor, printer, or television , electronic | 22 | | keyboard, facsimile machine, videocassette recorder, portable | 23 | | digital music player, digital video disc player, or video game | 24 | | console in a sanitary landfill. | 25 | | (c) Beginning January 1, 2012, no person may knowingly |
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| 1 | | cause or allow the mixing of a CED, or any other computer, | 2 | | computer monitor, printer, or television , electronic keyboard, | 3 | | facsimile machine, videocassette recorder, portable digital | 4 | | music player, digital video disc player, or video game console | 5 | | with waste that is intended for disposal by burning or | 6 | | incineration. | 7 | | (d) Beginning January 1, 2012, no person may knowingly | 8 | | cause or allow the burning or incineration of a CED, or any | 9 | | other computer, computer monitor, printer, or television , | 10 | | electronic keyboard, facsimile machine, videocassette | 11 | | recorder, portable digital music player, digital video disc | 12 | | player, or video game console . | 13 | | (e) Beginning April 1, 2012 but no later than December 31, | 14 | | 2013, the Illinois Pollution Control Board (Board) is | 15 | | authorized to review temporary CED landfill ban waiver | 16 | | petitions by county governments or municipal joint action | 17 | | agencies (action agencies) and determine whether the | 18 | | respective county's or action agency's jurisdiction may be | 19 | | granted a temporary CED landfill ban waiver due to a lack of | 20 | | funds and a lack of collection opportunities to collect CEDs | 21 | | and EEDs within the county's or action agency's jurisdiction. | 22 | | If the Board grants a waiver under this subsection (e), | 23 | | subsections (a) and (b) of this Section shall not apply to CEDs | 24 | | and EEDs that are taken out of service from residences within | 25 | | the jurisdiction of the county or action agency receiving the | 26 | | waiver and disposed of during the remainder of the program year |
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| 1 | | in which the petition is filed. | 2 | | (1) The petition from the county or action agency shall | 3 | | include the following: | 4 | | (A) documentation of the county's or action | 5 | | agency's attempts to gain funding, as well as the total | 6 | | funding obtained, for the collection of CEDs and EEDs | 7 | | in its jurisdiction from manufacturers or other units | 8 | | of government in the State; and
| 9 | | (B) an assessment of other collection | 10 | | opportunities in the county's or action agency's | 11 | | jurisdiction demonstrating insufficient capacity for | 12 | | the anticipated volume of CEDs and EEDs for the | 13 | | remainder of the program year in which the petition is | 14 | | being filed.
| 15 | | (2) In addition to the criteria listed in item (1), the | 16 | | Board shall consider the following additional criteria | 17 | | when reviewing a petition:
| 18 | | (A) total weight of CEDs and EEDs collected in the | 19 | | county's or action agency's jurisdiction during all | 20 | | preceding program years;
| 21 | | (B) total weight of CEDs and EEDs collected in the | 22 | | county's or action agency's jurisdiction during the | 23 | | year in which the petition is filed; and
| 24 | | (C) the projected difference in weight between | 25 | | prior program years and the year in which the petition | 26 | | is filed.
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| 1 | | (3) Within 60 days after the filing of the petition | 2 | | with the Board, the Board shall determine, based on the | 3 | | criteria in items (1) and (2), whether a temporary CED | 4 | | landfill ban waiver shall be granted to the respective | 5 | | county or action agency for the remainder of the program | 6 | | year in which the petition is filed. The Board's decision | 7 | | to grant such a waiver shall be based upon a showing by | 8 | | clear and convincing evidence that a county or action | 9 | | agency has a lack of funds and its respective jurisdiction | 10 | | lacks sufficient collection opportunities to collect CEDs | 11 | | and EEDs. If the Board denies the petition for a landfill | 12 | | ban waiver, the Board's order shall be final and | 13 | | immediately appealable to the circuit court having | 14 | | jurisdiction over the petitioner.
| 15 | | (4) Within 5 days after granting a temporary CED | 16 | | landfill ban waiver, the Board shall provide written notice | 17 | | to the Agency of the Board's decision. The notice shall be | 18 | | provided at least 15 days prior to the waiver taking | 19 | | effect.
| 20 | | (5) Any county or action agency granted a temporary CED | 21 | | landfill ban waiver shall, within 7 days after receiving | 22 | | the waiver, inform all solid waste haulers and landfill | 23 | | operators used by the county or action agency for solid | 24 | | waste disposal that a waiver has been granted for the | 25 | | remainder of the program year. The notification shall be | 26 | | provided to the solid waste haulers and landfill operators |
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| 1 | | at least 15 days prior to the waiver taking effect.
| 2 | | (6) Between April 1, 2012 and December 31, 2013, if a | 3 | | temporary CED landfill ban waiver has been granted to a | 4 | | petitioner, no person disposing of a CED shall be subject | 5 | | to any enforcement proceeding unless he or she disposes of | 6 | | the CED with knowledge that the CED is from a county or | 7 | | action agency that has not received a temporary CED | 8 | | landfill ban waiver.
| 9 | | (Source: P.A. 95-959, eff. 9-17-08.) | 10 | | (415 ILCS 150/16 rep.) | 11 | | (415 ILCS 150/17 rep.) | 12 | | (415 ILCS 150/18 rep.) | 13 | | (415 ILCS 150/19 rep.) | 14 | | Section 10. The Electronic Products Recycling and Reuse Act | 15 | | is amended by repealing Sections 16, 17, 18, and 19.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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