Full Text of HB1455 99th General Assembly
HB1455eng 99TH 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 15, 20, 50, 55, and 80 and by | 6 | | adding Section 82 as follows: | 7 | | (415 ILCS 150/15)
| 8 | | Sec. 15. Statewide recycling and reuse goals for all | 9 | | covered electronic devices. | 10 | | (a) For program year 2010, the statewide recycling or reuse | 11 | | goal for all CEDs is the product of: (i) the latest population | 12 | | estimate for the State, as published on the U.S. Census | 13 | | Bureau's website on January 1, 2010; multiplied by (ii) 2.5 | 14 | | pounds per capita. | 15 | | (b) For program year 2011, the statewide recycling or reuse | 16 | | goal for all CEDs is the product of: (i) the 2010 base weight; | 17 | | multiplied by (ii) the 2010 goal attainment percentage. | 18 | | For the purposes of this subsection (b): | 19 | | The "2010 base weight" means the greater of: (i) twice the | 20 | | total weight of all CEDs that were recycled or processed for | 21 | | reuse between January 1, 2010 and June 30, 2010 as reported to | 22 | | the Agency under subsection (i) or (j) of Section 30; or (ii) | 23 | | twice the total weight of all CEDs that were recycled or |
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| 1 | | processed for reuse between January 1, 2010 and June 30, 2010 | 2 | | as reported to the Agency under subsection (c) of Section 55. | 3 | | The "2010 goal attainment percentage" means: | 4 | | (1) 90% if the 2010 base weight is less than 90% of the | 5 | | statewide recycling or reuse goal for program year 2010; | 6 | | (2) 95% if the 2010 base weight is 90% or greater, but | 7 | | does not exceed 95%, of the statewide recycling or reuse | 8 | | goal for program year 2010; | 9 | | (3) 100% if the 2010 base weight is 95% or greater, but | 10 | | does not exceed 105%, of the statewide recycling or reuse | 11 | | goal for program year 2010; | 12 | | (4) 105% if the 2010 base weight is 105% or greater, | 13 | | but does not exceed 110%, of the statewide recycling or | 14 | | reuse goal for program year 2010; and | 15 | | (5) 110% if the 2010 base weight is 110% or greater of | 16 | | the statewide recycling or reuse goal for program year | 17 | | 2010. | 18 | | (c) For program year 2012 and for each of the following | 19 | | categories of electronic devices, each manufacturer shall | 20 | | recycle or reuse at least 40% of the total weight of the | 21 | | electronic devices that the manufacturer sold in that category | 22 | | in Illinois during the calendar year beginning January 1, 2010: | 23 | | computers, monitors, televisions, printers, electronic | 24 | | keyboards, facsimile machines, video cassette recorders, | 25 | | portable digital music players, digital video disc players, | 26 | | video game consoles, electronic mice, scanners, digital |
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| 1 | | converter boxes, cable receivers, satellite receivers, digital | 2 | | video disc recorders, and small-scale servers. To determine the | 3 | | manufacturer's annual recycling or reuse goal, the | 4 | | manufacturer shall use its own Illinois sales data or its own | 5 | | national sales data proportioned to Illinois' share of the U.S. | 6 | | population, based on the U.S. Census population estimate for | 7 | | 2009. | 8 | | (c-5) For program year 2013 and program year 2014 and | 9 | | thereafter and for each of the following categories of | 10 | | electronic devices, each manufacturer shall recycle or reuse at | 11 | | least 50% of the total weight of the electronic devices that | 12 | | the manufacturer sold in that category in Illinois during the | 13 | | calendar year 2 years before the applicable program year: | 14 | | computers, monitors, televisions, printers, electronic | 15 | | keyboards, facsimile machines, video cassette recorders, | 16 | | portable digital music players, digital video disc players, | 17 | | video game consoles, electronic mice, scanners, digital | 18 | | converter boxes, cable receivers, satellite receivers, digital | 19 | | video disc recorders, and small-scale servers. | 20 | | To determine the manufacturer's annual recycling or reuse | 21 | | goal, the manufacturer shall use its own Illinois sales data or | 22 | | its own national sales data proportioned to Illinois' share of | 23 | | the U.S. population, based on the most recent U.S. Census data. | 24 | | (c-6) For program year 2015, the total annual recycling | 25 | | goal for all manufacturers shall be as follows: | 26 | | (1) 30,800,000 pounds for manufacturers of televisions |
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| 1 | | and computer monitors; and | 2 | | (2) 15,800,000 pounds for manufacturers of all other | 3 | | covered electronic devices. | 4 | | For program year 2016 and program year 2017, the total | 5 | | annual recycling goal for all
manufacturers shall be as | 6 | | follows: | 7 | | (1) 34,000,000 pounds for manufacturers of televisions | 8 | | and computer monitors; and | 9 | | (2) 15,600,000 pounds for manufacturers of all other | 10 | | covered electronic devices. | 11 | | An individual manufacturer's annual recycling goal for | 12 | | televisions, computer monitors,
and all other covered | 13 | | electronic devices shall be in proportion to the manufacturer's | 14 | | market share of those product types sold in Illinois during the | 15 | | calendar year 2 years before the applicable program year. | 16 | | For program year 2018 and thereafter, and for each of the | 17 | | following categories of electronic devices, each manufacturer | 18 | | shall recycle or reuse at least 50% of the total weight of the | 19 | | electronic devices that the manufacturer sold in that category | 20 | | in Illinois during the calendar year 2 years before the | 21 | | applicable program year: computers, monitors, televisions, | 22 | | printers, electronic keyboards, facsimile machines, video | 23 | | cassette recorders, portable digital music players, digital | 24 | | video disc players, video game consoles, electronic mice, | 25 | | scanners, digital converter boxes, cable receivers, satellite | 26 | | receivers, digital video disc recorders, and small-scale |
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| 1 | | servers. | 2 | | To determine the manufacturer's annual recycling or reuse | 3 | | goal for program year 2018 and thereafter, the manufacturer | 4 | | shall use its own Illinois sales data or its own national sales | 5 | | data proportioned to Illinois' share of the U.S. population, | 6 | | based on the most recent U.S. census data. | 7 | | (d) In order to further the policy of the State of Illinois | 8 | | to reduce the environmental and economic impacts of | 9 | | transporting and managing cathode-ray tube (CRT) glass, and to | 10 | | support (i) the beneficial use of CRTs in accordance with | 11 | | beneficial use determinations issued by the Agency under | 12 | | Section 22.54 of the Environmental Protection Act and (ii) the | 13 | | storage of CRTs in retrievable storage cells at locations | 14 | | within the State for future recovery, the total weight of a CRT | 15 | | device, prior to processing, may be applied toward the | 16 | | manufacturer's annual recycling or reuse goal, provided that: | 17 | | (1) all recyclable components are removed from the | 18 | | device; and | 19 | | (2) the glass from the device is either: | 20 | | (A) beneficially reused in accordance with a | 21 | | beneficial use determination issued under Section | 22 | | 22.54 of the Environmental Protection Act; or | 23 | | (B) placed in a storage cell, in a manner that | 24 | | allows it to be retrieved in the future, at a waste | 25 | | disposal site that is permitted to accept the glass.
| 26 | | (Source: P.A. 97-287, eff. 8-10-11.) |
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| 1 | | (415 ILCS 150/20)
| 2 | | Sec. 20. Agency responsibilities. | 3 | | (a) The Agency has the authority to monitor compliance with | 4 | | this Act, enforce violations of the Act by administrative | 5 | | citation, and refer violations of this Act to the Attorney | 6 | | General. | 7 | | (b) No later than October 1 of each program year, the | 8 | | Agency shall post on its website a list of underserved counties | 9 | | in the State for the next program year. The list of underserved | 10 | | counties for program years 2010 and 2011 is set forth in | 11 | | subsection (a) of Section 60. | 12 | | (c) From July 1, 2009 until December 31, 2015, the Agency | 13 | | shall implement a county and municipal government education | 14 | | campaign to inform those entities about this Act and the | 15 | | implications on solid waste collection in their localities. | 16 | | (c-5) No later than February 1, 2012 and every February 1 | 17 | | thereafter, the Agency shall use a portion of the manufacturer, | 18 | | recycler, and refurbisher registration fees to provide a $2,000 | 19 | | grant to the recycling coordinator in each county of the State | 20 | | in order to inform residents in each county about this Act and | 21 | | opportunities to recycle CEDs and EEDs. The recycling | 22 | | coordinator shall expend the $2,000 grant before December 31 of | 23 | | the program year in which the grant is received. The recycling | 24 | | coordinator shall maintain records that document the use of the | 25 | | grant funds. |
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| 1 | | (c-10) By June 15, 2012 and by December 15, 2012, and by | 2 | | every June 15 and December 15 thereafter through December 15, | 3 | | 2015, the Agency shall meet with associations that represent | 4 | | Illinois retail merchants twice each year to discuss compliance | 5 | | with Section 40. | 6 | | (c-15) By December 15, 2012 and each December 15 | 7 | | thereafter, the Agency shall post on its website: (i) the | 8 | | mailing address of each collection site at which collectors | 9 | | collected CEDs and EEDs during the program year and (ii) the | 10 | | amount in pounds of total CEDs and total EEDs collected at the | 11 | | collection site during the program year. | 12 | | (d) By July 1, 2011 for the first program year, and by May | 13 | | 15 for all subsequent program years, except for program years | 14 | | 2015, 2016, and 2017, the Agency shall report to the Governor | 15 | | and to the General Assembly annually on the previous program | 16 | | year's performance. The report must be posted on the Agency's | 17 | | website. The report must include, but not be limited to, the | 18 | | following: | 19 | | (1) the total overall weight of CEDs, as well as the | 20 | | sub-total weight of computers, the sub-total weight of | 21 | | computer monitors, the sub-total weight of printers, the | 22 | | sub-total weight of televisions, and the total weight of | 23 | | EEDs that were recycled or processed for reuse in the State | 24 | | during the program year, as reported by manufacturers and | 25 | | collectors under Sections 30 and 55; | 26 | | (2) a listing of all collection sites, as set forth |
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| 1 | | under subsection (a) of Section 55, and the addresses of | 2 | | those sites; | 3 | | (3) a statement showing, for the preceding program | 4 | | year, (i) the total weight of CEDs and EEDs collected, | 5 | | recycled, and processed for reuse by the manufacturers | 6 | | pursuant to Section 30, (ii) the total weight of CEDs | 7 | | processed for reuse by the manufacturers, and (iii) the | 8 | | total weight of CEDs collected by the collectors; | 9 | | (4) a listing of all entities or persons to whom the | 10 | | Agency issued an administrative citation or with respect to | 11 | | which the Agency made a referral for enforcement to the | 12 | | Attorney General's Office as a result of a violation of | 13 | | this Act; | 14 | | (5) a discussion of the Agency's education and outreach | 15 | | activities as set forth in subsection (c) of this Section; | 16 | | and | 17 | | (6) a discussion of the penalties, if any, incurred by | 18 | | manufacturers for failure to achieve recycling goals, and a | 19 | | recommendation to the General Assembly of any necessary or | 20 | | appropriate changes to the manufacturers' recycling goals | 21 | | or penalty provisions included in this Act. | 22 | | For program years 2015, 2016, and 2017, the Agency shall | 23 | | make available on its website the information described in | 24 | | paragraphs (1) through (6) in whatever format it deems | 25 | | appropriate. | 26 | | (e) The Agency shall post on its website: (1) a list of |
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| 1 | | manufacturers that have paid the current year's registration | 2 | | fee as set forth in subsection (b) of Section 30; (2) a list of | 3 | | manufacturers that failed to pay the current year's | 4 | | registration fee as set forth in subsection (b) of Section 30; | 5 | | and (3) a list of registered collectors, the addresses of their | 6 | | collection sites, their business telephone numbers, and a link | 7 | | to their websites. | 8 | | (f) In program years 2012, 2013, and 2014, and at its | 9 | | discretion thereafter, the Agency shall convene and host an | 10 | | Electronic Products Recycling Conference. The Agency may host | 11 | | the conferences alone or with other public entities or with | 12 | | organizations associated with electronic products recycling. | 13 | | (g) No later than October 1 of each program year, the | 14 | | Agency must post on its website the following information for | 15 | | the next program year: (i) the individual recycling and reuse | 16 | | goals for each manufacturer, as set forth in subsections (c) | 17 | | and (c-5) of Section 15, as applicable, and (ii) the total | 18 | | statewide recycling goal, determined by adding each individual | 19 | | manufacturer's annual goal. | 20 | | (h) By April 1, 2011, and by April 1 of all subsequent | 21 | | years, the Agency shall award those manufacturers that have met | 22 | | or exceeded their recycling or reuse goals for the previous | 23 | | program year with an Electronic Industry Recycling Award. The | 24 | | award shall acknowledge that the manufacturer has met or | 25 | | exceeded its recycling goals and shall be posted on the Agency | 26 | | website and in other media as appropriate. |
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| 1 | | (i) By March 1, 2011, and by March 1 of each subsequent | 2 | | year, the Agency shall post on its website a list of registered | 3 | | manufacturers that have not met their annual recycling and | 4 | | reuse goal for the previous program year.
| 5 | | (j) By July 1, 2015, the Agency shall solicit written | 6 | | comments regarding all aspects of the program codified in this | 7 | | Act, for the purpose of determining if the program requires any | 8 | | modifications. | 9 | | (1) Issues to be reviewed by the Agency are, but not | 10 | | limited to, the following: | 11 | | (A) Sufficiency of the annual statewide recycling | 12 | | goals. | 13 | | (B) Fairness of the formulas used to determine | 14 | | individual manufacturer goals. | 15 | | (C) Adequacy of, or the need for, continuation of | 16 | | the credits outlined in Section 30(d)(1) through (3). | 17 | | (D) Any temporary rescissions of county landfill | 18 | | bans granted by the Illinois Pollution Control Board | 19 | | pursuant to Section 95(e). | 20 | | (E) Adequacy of, or the need for, the penalties | 21 | | listed in Section 80 of this Act, which are scheduled | 22 | | to take effect on January 1, 2013. | 23 | | (F) Adequacy of the collection systems that have | 24 | | been implemented as a result of this Act, with a | 25 | | particular focus on promoting the most cost-effective | 26 | | and convenient collection system possible for Illinois |
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| 1 | | residents. | 2 | | (2) By July 1, 2015, the Agency shall complete its | 3 | | review of the written comments received, as well as its own | 4 | | reports on the preceding program years. By August 1, 2015, | 5 | | the Agency shall hold a public hearing to present its | 6 | | findings and solicit additional comments. All additional | 7 | | comments shall be submitted to the Agency in writing no | 8 | | later than October 1, 2015. | 9 | | (3) The Agency's final report, which shall be issued no | 10 | | later than February 1, 2016, shall be submitted to the | 11 | | Governor and the General Assembly and shall include | 12 | | specific recommendations for any necessary or appropriate | 13 | | modifications to the program.
| 14 | | (k) Any violation of this Act shall be enforceable by | 15 | | administrative citation. Whenever the Agency personnel or | 16 | | county personnel to whom the Agency has delegated the authority | 17 | | to monitor compliance with this Act shall, on the basis of | 18 | | direct observation, determine that any person has violated any | 19 | | provision of this Act, the Agency or county personnel may issue | 20 | | and serve, within 60 days after the observed violation, an | 21 | | administrative citation upon that person or the entity | 22 | | employing that person. Each citation shall be served upon the | 23 | | person named or the person's authorized agent for service of | 24 | | process and shall include the following: | 25 | | (1) a statement specifying the provisions of this Act | 26 | | that the person or the entity employing the person has |
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| 1 | | violated; | 2 | | (2) a copy of the inspection report in which the Agency | 3 | | or local government recorded the violation and the date and | 4 | | time of the inspection; | 5 | | (3) the penalty imposed under Section 80; and | 6 | | (4) an affidavit by the personnel observing the | 7 | | violation, attesting to their material actions and | 8 | | observations. | 9 | | (l) If the person named in the administrative citation | 10 | | fails to petition the Illinois Pollution Control Board for | 11 | | review within 35 days after the date of service, the Board | 12 | | shall adopt a final order, which shall include the | 13 | | administrative citation and findings of violation as alleged in | 14 | | the citation and shall impose the penalty specified in Section | 15 | | 80. | 16 | | (m) If a petition for review is filed with the Board to | 17 | | contest an administrative citation issued under this Section, | 18 | | the Agency or unit of local government shall appear as a | 19 | | complainant at a hearing before the Board to be conducted | 20 | | pursuant to subsection (n) of this Section at a time not less | 21 | | than 21 days after notice of the hearing has been sent by the | 22 | | Board to the Agency or unit of local government and the person | 23 | | named in the citation. In those hearings, the burden of proof | 24 | | shall be on the Agency or unit of local government. If, based | 25 | | on the record, the Board finds that the alleged violation | 26 | | occurred, it shall adopt a final order, which shall include the |
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| 1 | | administrative citation and findings of violation as alleged in | 2 | | the citation, and shall impose the penalty specified in Section | 3 | | 80 of this Act. However, if the Board finds that the person | 4 | | appealing the citation has shown that the violation resulted | 5 | | from uncontrollable circumstances, the Board shall adopt a | 6 | | final order that makes no finding of violation and imposes no | 7 | | penalty. | 8 | | (n) All hearings under this Act shall be held before a | 9 | | qualified hearing officer, who may be attended by one or more | 10 | | members of the Board, designated by the Chairman. All of these | 11 | | hearings shall be open to the public, and any person may submit | 12 | | written statements to the Board in connection with the subject | 13 | | of these hearings. In addition, the Board may permit any person | 14 | | to offer oral testimony.
Any party to a hearing under this | 15 | | subsection may be represented by counsel, make oral or written | 16 | | argument, offer testimony, cross-examine witnesses, or take | 17 | | any combination of those actions. All testimony taken before | 18 | | the Board shall be recorded stenographically. The transcript so | 19 | | recorded and any additional matter accepted for the record | 20 | | shall be open to public inspection, and copies of those | 21 | | materials shall be made available to any person upon payment of | 22 | | the actual cost of reproducing the original. | 23 | | (o) Counties that have entered into a delegation agreement | 24 | | with the Agency pursuant to subsection (r) of Section 4 of the | 25 | | Illinois Environmental Protection Act for the purpose of | 26 | | conducting inspection, investigation, or enforcement-related |
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| 1 | | functions may conduct inspections for noncompliance with this | 2 | | Act. | 3 | | (Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.) | 4 | | (415 ILCS 150/50)
| 5 | | Sec. 50. Recycler and refurbisher registration. | 6 | | (a) Prior to January 1 of each program year, each recycler | 7 | | and refurbisher must register with the Agency and submit a | 8 | | registration fee pursuant to subsection (b) for that program | 9 | | year. Registration must be on forms and in a format prescribed | 10 | | by the Agency and shall include, but not be limited to, the | 11 | | address of each location where the recycler or refurbisher | 12 | | manages CEDs or EEDs and identification of each location at | 13 | | which the recycler or refurbisher accepts CEDs or EEDs from a | 14 | | residence. | 15 | | (b) The registration fee for program year 2010 is $2,000. | 16 | | For program year 2011, if a recycler's or refurbisher's annual | 17 | | combined total weight of CEDs and EEDs is less than 1,000 tons | 18 | | per year, the registration fee shall be $500. For program year | 19 | | 2012 and for all subsequent program years, both registration | 20 | | fees shall be increased each year by an inflation factor | 21 | | determined by the annual Implicit Price Deflator for Gross | 22 | | National Product as published by the U.S. Department of | 23 | | Commerce in its Survey of Current Business. The inflation | 24 | | factor must be calculated each year by dividing the latest | 25 | | published annual Implicit Price Deflator for Gross National |
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| 1 | | Product by the annual Implicit Price Deflator for Gross | 2 | | National Product for the previous year. The inflation factor | 3 | | must be rounded to the nearest 1/100th, and the resulting | 4 | | registration fee must be rounded to the nearest whole dollar. | 5 | | No later than October 1 of each program year, the Agency shall | 6 | | post on its website the registration fee for the next program | 7 | | year. | 8 | | (c) No person may act as a recycler or a refurbisher of | 9 | | CEDs for a manufacturer obligated to meet goals under this Act | 10 | | unless the recycler or refurbisher is registered with the | 11 | | Agency and has paid the registration fee as required under this | 12 | | Section. Beginning in program year 2016, all recycling or | 13 | | refurbishing facilities used by collectors of CEDs and EEDs | 14 | | shall be accredited by the Responsible Recycling (R2) Practices | 15 | | or e-Stewards certification programs or any other equivalent | 16 | | certification programs recognized by the United States | 17 | | Environmental Protection Agency. Manufacturers of CEDs and | 18 | | EEDs shall ensure that recycling or refurbishing facilities | 19 | | used as part of their recovery programs meet this requirement. | 20 | | No person may act as a recycler or a refurbisher of CEDs for a | 21 | | manufacturer obligated to meet goals under this Act unless the | 22 | | recycler or refurbisher is registered and has paid the | 23 | | registration fee as required under this Section. | 24 | | (c-5) A Neither a registered recycler or nor a refurbisher | 25 | | of CEDs and EEDs for a manufacturer obligated to meet goals | 26 | | under this Act may not charge individual consumers or units of |
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| 1 | | local government acting as collectors a fee to recycle or | 2 | | refurbish CEDs and EEDs, unless the recycler or refurbisher | 3 | | provides (i) a financial incentive, such as a coupon, that is | 4 | | of greater or equal value to the fee being charged or (ii) | 5 | | premium service, such as curbside collection, home pick-up, or | 6 | | a similar methods method of collection. Local units of | 7 | | government serving as collectors of CEDs and EEDs shall not | 8 | | charge a manufacturer for collection costs and shall offer the | 9 | | manufacturer or its representative all CEDs and EEDs collected | 10 | | by the local government at no cost. Nothing in this Act | 11 | | requires a local unit of government to serve as a collector. | 12 | | (c-10) Nothing in this Act prohibits any waste hauler from | 13 | | entering into a contractual agreement with a unit of local | 14 | | government to establish a collection program for the recycling | 15 | | or reuse of CEDs or EEDs, including services such as curbside | 16 | | collection, home pick-up, drop-off locations, or similar | 17 | | methods of collection. | 18 | | (d) Recyclers and refurbishers must, at a minimum, comply | 19 | | with all of the following: | 20 | | (1) Recyclers and refurbishers must comply with | 21 | | federal, State, and local laws and regulations, including | 22 | | federal and State minimum wage laws, specifically relevant | 23 | | to the handling, processing, refurbishing and recycling of | 24 | | residential CEDs and must have proper authorization by all | 25 | | appropriate governing authorities to perform the handling, | 26 | | processing, refurbishment, and recycling. |
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| 1 | | (2) Recyclers and refurbishers must implement the | 2 | | appropriate measures to safeguard occupational and | 3 | | environmental health and safety, through the following: | 4 | | (A) environmental health and safety training of | 5 | | personnel, including training with regard to material | 6 | | and equipment handling, worker exposure, controlling | 7 | | releases, and safety and emergency procedures; | 8 | | (B) an up-to-date, written plan for the | 9 | | identification and management of hazardous materials; | 10 | | and | 11 | | (C) an up-to-date, written plan for reporting and | 12 | | responding to exceptional pollutant releases, | 13 | | including emergencies such as accidents, spills, | 14 | | fires, and explosions. | 15 | | (3) Recyclers and refurbishers must maintain (i) | 16 | | commercial general liability insurance or the equivalent | 17 | | corporate guarantee for accidents and other emergencies | 18 | | with limits of not less than $1,000,000 per occurrence and | 19 | | $1,000,000 aggregate and (ii) pollution legal liability | 20 | | insurance with limits not less than $1,000,000 per | 21 | | occurrence for companies engaged solely in the dismantling | 22 | | activities and $5,000,000 per occurrence for companies | 23 | | engaged in recycling. | 24 | | (4) Recyclers and refurbishers must maintain on file | 25 | | documentation that demonstrates the completion of an | 26 | | environmental health and safety audit completed and |
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| 1 | | certified by a competent internal and external auditor | 2 | | annually. A competent auditor is an individual who, through | 3 | | professional training or work experience, is appropriately | 4 | | qualified to evaluate the environmental health and safety | 5 | | conditions, practices, and procedures of the facility. | 6 | | Documentation of auditors' qualifications must be | 7 | | available for inspection by Agency officials and | 8 | | third-party auditors. | 9 | | (5) Recyclers and refurbishers must maintain on file | 10 | | proof of workers' compensation and employers' liability | 11 | | insurance. | 12 | | (6) Recyclers and refurbishers must provide adequate | 13 | | assurance (such as bonds or corporate guarantee) to cover | 14 | | environmental and other costs of the closure of the | 15 | | recycler or refurbisher's facility, including cleanup of | 16 | | stockpiled equipment and materials. | 17 | | (7) Recyclers and refurbishers must apply due | 18 | | diligence principles to the selection of facilities to | 19 | | which components and materials (such as plastics, metals, | 20 | | and circuit boards) from CEDs and EEDs are sent for reuse | 21 | | and recycling. | 22 | | (8) Recyclers and refurbishers must establish a | 23 | | documented environmental management system that is | 24 | | appropriate in level of detail and documentation to the | 25 | | scale and function of the facility, including documented | 26 | | regular self-audits or inspections of the recycler or |
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| 1 | | refurbisher's environmental compliance at the facility. | 2 | | (9) Recyclers and refurbishers must use the | 3 | | appropriate equipment for the proper processing of | 4 | | incoming materials as well as controlling environmental | 5 | | releases to the environment. The dismantling operations | 6 | | and storage of CED and EED components that contain | 7 | | hazardous substances must be conducted indoors and over | 8 | | impervious floors. Storage areas must be adequate to hold | 9 | | all processed and unprocessed inventory. When heat is used | 10 | | to soften solder and when CED and EED components are | 11 | | shredded, operations must be designed to control indoor and | 12 | | outdoor hazardous air emissions. | 13 | | (10) Recyclers and refurbishers must establish a | 14 | | system for identifying and properly managing components | 15 | | (such as circuit boards, batteries, CRTs, and mercury | 16 | | phosphor lamps) that are removed from CEDs and EEDs during | 17 | | disassembly. Recyclers and refurbishers must properly | 18 | | manage all hazardous and other components requiring | 19 | | special handling from CEDs and EEDs consistent with | 20 | | federal, State, and local laws and regulations. Recyclers | 21 | | and refurbishers must provide visible tracking (such as | 22 | | hazardous waste manifests or bills of lading) of hazardous | 23 | | components and materials from the facility to the | 24 | | destination facilities and documentation (such as | 25 | | contracts) stating how the destination facility processes | 26 | | the materials received. No recycler or refurbisher may |
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| 1 | | send, either directly or through intermediaries, hazardous | 2 | | wastes to solid waste (non-hazardous waste) landfills or to | 3 | | non-hazardous waste incinerators for disposal or energy | 4 | | recovery. For the purpose of these guidelines, smelting of | 5 | | hazardous wastes to recover metals for reuse in conformance | 6 | | with all applicable laws and regulations is not considered | 7 | | disposal or energy recovery. | 8 | | (11) Recyclers and refurbishers must use a regularly | 9 | | implemented and documented monitoring and record-keeping | 10 | | program that tracks inbound CED and EED material weights | 11 | | (total) and subsequent outbound weights (total to each | 12 | | destination), injury and illness rates, and compliance | 13 | | with applicable permit parameters including monitoring of | 14 | | effluents and emissions. Recyclers and refurbishers must | 15 | | maintain contracts or other documents, such as sales | 16 | | receipts, suitable to demonstrate: (i) the reasonable | 17 | | expectation that there is a downstream market or uses for | 18 | | designated electronics (which may include recycling or | 19 | | reclamation processes such as smelting to recover metals | 20 | | for reuse); and (ii) that any residuals from recycling or | 21 | | reclamation processes, or both, are properly handled and | 22 | | managed to maximize reuse and recycling of materials to the | 23 | | extent practical. | 24 | | (12) Recyclers and refurbishers must comply with | 25 | | federal and international law and agreements regarding the | 26 | | export of used products or materials. In the case of |
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| 1 | | exports of CEDs and EEDs, recyclers and refurbishers must | 2 | | comply with applicable requirements of the U.S. and of the | 3 | | import and transit countries and must maintain proper | 4 | | business records documenting its compliance. No recycler | 5 | | or refurbisher may establish or use intermediaries for the | 6 | | purpose of circumventing these U.S. import and transit | 7 | | country requirements. | 8 | | (13) Recyclers and refurbishers that conduct | 9 | | transactions involving the transboundary shipment of used | 10 | | CEDs and EEDs shall use contracts (or the equivalent | 11 | | commercial arrangements) made in advance that detail the | 12 | | quantity and nature of the materials to be shipped. For the | 13 | | export of materials to a foreign country (directly or | 14 | | indirectly through downstream market contractors): (i) the | 15 | | shipment of intact televisions and computer monitors | 16 | | destined for reuse must include only whole products that | 17 | | are tested and certified as being in working order or | 18 | | requiring only minor repair (e.g. not requiring the | 19 | | replacement of circuit boards or CRTs), must be destined | 20 | | for reuse with respect to the original purpose, and the | 21 | | recipient must have verified a market for the sale or | 22 | | donation of such product for reuse; (ii) the shipments of | 23 | | CEDs and EEDs for material recovery must be prepared in a | 24 | | manner for recycling, including, without limitation, | 25 | | smelting where metals will be recovered, plastics recovery | 26 | | and glass-to-glass recycling; or (iii) the shipment of CEDs |
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| 1 | | and EEDs are being exported to companies or facilities that | 2 | | are owned or controlled by the original equipment | 3 | | manufacturer. | 4 | | (14) Recyclers and refurbishers must maintain the | 5 | | following export records for each shipment on file for a | 6 | | minimum of 3 years: (i) the facility name and the address | 7 | | to which shipment is exported; (ii) the shipment contents | 8 | | and volumes; (iii) the intended use of contents by the | 9 | | destination facility; (iv) any specification required by | 10 | | the destination facility in relation to shipment contents; | 11 | | (v) an assurance that all shipments for export, as | 12 | | applicable to the CED manufacturer, are legal and satisfy | 13 | | all applicable laws of the destination country. | 14 | | (15) Recyclers and refurbishers must employ | 15 | | industry-accepted procedures for the destruction or | 16 | | sanitization of data on hard drives and other data storage | 17 | | devices. Acceptable guidelines for the destruction or | 18 | | sanitization of data are contained in the National | 19 | | Institute of Standards and Technology's Guidelines for | 20 | | Media Sanitation or those guidelines certified by the | 21 | | National Association for Information Destruction; | 22 | | (16) No recycler or refurbisher may employ prison labor | 23 | | in any operation related to the collection, | 24 | | transportation, recycling, and refurbishment of CEDs and | 25 | | EEDs. No recycler or refurbisher may employ any third party | 26 | | that uses or subcontracts for the use of prison labor.
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| 1 | | (Source: P.A. 96-1154, eff. 7-21-10; 97-287, eff. 8-10-11.) | 2 | | (415 ILCS 150/55)
| 3 | | Sec. 55. Collector responsibilities. | 4 | | (a) No later than January 1 of each program year, | 5 | | collectors that collect or receive CEDs or EEDs for one or more | 6 | | manufacturers, recyclers, or refurbishers shall register with | 7 | | the Agency. Registration must be in the form and manner | 8 | | required by the Agency and must include, without limitation, | 9 | | the address of each location where CEDs or EEDs are received | 10 | | and the identification of each location at which the collector | 11 | | accepts CEDs or EEDs from a residence. Beginning January 1, | 12 | | 2016, collectors shall work only with certified recyclers and | 13 | | refurbishers as provided in subsection (c) of Section 50 of | 14 | | this Act. | 15 | | (b) Manufacturers, recyclers, refurbishers also acting as | 16 | | collectors shall so indicate on their registration under | 17 | | Section 30 or 50 and not register separately as collectors. | 18 | | (c) No later than August 15, 2010, collectors must submit | 19 | | to the Agency, on forms and in a format prescribed by the | 20 | | Agency, a report for the period from January 1, 2010 through | 21 | | June 30, 2010 that contains the following information: the | 22 | | total weight of computers, the total weight of computer | 23 | | monitors, the total weight of printers, the total weight of | 24 | | televisions, and the total weight of EEDs collected or received | 25 | | for each manufacturer. |
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| 1 | | (d) By January 31 of each program year, collectors must | 2 | | submit to the Agency, on forms and in a format prescribed by | 3 | | the Agency, a report that contains the following information | 4 | | for the previous program year: | 5 | | (1) The total weight of computers, the total weight of | 6 | | computer monitors, the total weight of printers, facsimile | 7 | | machines, and scanners, the total weight of televisions, | 8 | | the total weight of the remaining CEDs collected, and the | 9 | | total weight of EEDs collected or received for each | 10 | | manufacturer during the previous program year. | 11 | | (2) A list of each recycler and refurbisher that | 12 | | received CEDs and EEDs from the collector and the total | 13 | | weight each recycler and refurbisher received. | 14 | | (3) The address of each collector's facility where the | 15 | | CEDs and EEDs were collected or received. Each facility | 16 | | address must include the county in which the facility is | 17 | | located. | 18 | | (e) Collectors may accept no more than 10 CEDs or EEDs at | 19 | | one time from individual members of the public and, when | 20 | | scheduling collection events, shall provide no fewer than 30 | 21 | | days' notice to the county waste agency of those events.
| 22 | | (f) No collector of CEDs and EEDs may recycle, or refurbish | 23 | | for reuse or resale, CEDs or EEDs to a third party unless the | 24 | | collector registers as a recycler or refurbisher pursuant to | 25 | | Section 50 and pays the registration fee pursuant to Section | 26 | | 50. |
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| 1 | | (Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.) | 2 | | (415 ILCS 150/80)
| 3 | | Sec. 80. Penalties. | 4 | | (a) Except as otherwise provided in this Act, any person | 5 | | who violates any provision of this Act or fails to perform any | 6 | | duty under this Act is liable for a civil penalty of $7,000 for | 7 | | the violation and an additional civil penalty not to exceed | 8 | | $1,000 for each day the violation continues. | 9 | | (b) A manufacturer that is not registered with the Agency | 10 | | as required under this Act, or that has not paid the | 11 | | registration fee as required under this Act, is liable for a | 12 | | civil penalty not to exceed $10,000 for the violation and an | 13 | | additional civil penalty not to exceed $10,000 for each day the | 14 | | violation continues. | 15 | | (c) A manufacturer in violation of subsection (d) of | 16 | | Section 30 of this Act in program year 2012 or thereafter is | 17 | | liable for a civil penalty equal to the following: | 18 | | (1) In program year 2012, if the total weight of CEDs | 19 | | and EEDs recycled or processed for reuse by the | 20 | | manufacturer is less than 50% of the manufacturer's | 21 | | individual recycling or reuse goal set forth in subsection | 22 | | (c) of Section 15 of this Act, the manufacturer shall pay a | 23 | | penalty equal to the product of: (i) $0.70 per pound; | 24 | | multiplied by (ii) the difference between the | 25 | | manufacturer's individual recycling or reuse goal and the |
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| 1 | | total weight of CEDs and EEDs recycled or processed for | 2 | | reuse by the manufacturer during the program year. | 3 | | (2) In program year 2013, if the total weight of CEDs | 4 | | and EEDs recycled or processed for reuse by the | 5 | | manufacturer is less than 60% of the manufacturer's | 6 | | individual recycling or reuse goal set forth in subsection | 7 | | (c-5) of Section 15 of this Act, the manufacturer shall pay | 8 | | a penalty equal to the product of: (i) $0.70 per pound; | 9 | | multiplied by (ii) the difference between the | 10 | | manufacturer's individual recycling or reuse goal and the | 11 | | total weight of CEDs and EEDs recycled or processed for | 12 | | reuse by the manufacturer during the program year. | 13 | | (3) In program year 2014, and each year thereafter, if | 14 | | the total weight of CEDs and EEDs recycled or processed for | 15 | | reuse by the manufacturer is less than 70% of the | 16 | | manufacturer's individual recycling or reuse goal set | 17 | | forth in subsection (c-5) of Section 15 of this Act, the | 18 | | manufacturer shall pay a penalty equal to the product of: | 19 | | (i) $0.70 per pound; multiplied by (ii) the difference | 20 | | between the manufacturer's individual recycling or reuse | 21 | | goal and the total weight of CEDs and EEDs recycled or | 22 | | processed for reuse by the manufacturer during the program | 23 | | year. | 24 | | (4) In program year 2015, and each year thereafter, if | 25 | | the total weight of CEDs and EEDs recycled or processed for | 26 | | reuse by the manufacturer is less than 100% of the |
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| 1 | | manufacturer's individual recycling or reuse goal set | 2 | | forth in subsection (c-5) and (c-6) of Section 15 of this | 3 | | Act, the manufacturer shall pay a penalty equal to the | 4 | | following: | 5 | | (i) Forty-five cents per pound for a manufacturer | 6 | | if the weight of CEDs and EEDs recycled by or on behalf | 7 | | of the manufacturer is less than 50% of the target | 8 | | recycling weight. | 9 | | (ii) Thirty-five cents per pound for a | 10 | | manufacturer if the weight of CEDs and EEDs recycled by | 11 | | or on behalf of the manufacturer is at least 50% but no | 12 | | more than 90% of the target recycling weight. | 13 | | All weight shall be measured by the difference between | 14 | | the manufacturer's individual recycling or reuse goal and | 15 | | the total weight of CEDs and EEDs recycled or processed for | 16 | | reuse by the manufacturer during the program year. | 17 | | (d) A manufacturer in violation of subsection (e), (h), | 18 | | (i), (j), (k), (l), or (m) of Section 30 is liable for a civil | 19 | | penalty not to exceed $5,000 for the violation. | 20 | | (e) Any person in violation of Section 50 of this Act is | 21 | | liable for a civil penalty not to exceed $5,000 for the | 22 | | violation. | 23 | | (f) A knowing violation of subsection (a), (b), or (c) of | 24 | | Section 95 of this Act by anyone other than a residential | 25 | | consumer is a petty offense punishable by a fine of $500. A | 26 | | knowing violation of subsection (a), (b), or (c) of Section 95 |
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| 1 | | of this Act by a residential consumer is a petty offense | 2 | | punishable by a fine of $25 for a first violation; however, a | 3 | | subsequent violation by a residential consumer is a petty | 4 | | offense punishable by a fine of $50. | 5 | | (g) The penalties provided for in this Act may be recovered | 6 | | in a civil action brought by the Attorney General in the name | 7 | | of the People of the State of Illinois. Any moneys collected | 8 | | under this Section in which the Attorney General has prevailed | 9 | | may be deposited into the Electronic Recycling Fund, | 10 | | established under this Act. | 11 | | (h) The Attorney General, at the request of the Agency or | 12 | | on his or her own motion, may institute a civil action for an | 13 | | injunction, prohibitory or mandatory, to restrain violations | 14 | | of this Act or to require such actions as may be necessary to | 15 | | address violations of this Act. | 16 | | (i) The penalties and injunctions provided in this Act are | 17 | | in addition to any penalties, injunctions, or other relief | 18 | | provided under any other law. Nothing in this Act bars a cause | 19 | | of action by the State for any other penalty, injunction, or | 20 | | relief provided by any other law. | 21 | | (j) A fine imposed by administrative citation pursuant to | 22 | | subsection (k) of Section 20 shall be limited to $1,000. | 23 | | Administrative citations may be used to enforce violations of | 24 | | the landfill ban subject to fines set forth in subsection (f) | 25 | | of this Section.
| 26 | | (Source: P.A. 97-287, eff. 8-10-11.) |
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| 1 | | (415 ILCS 150/82 new) | 2 | | Sec. 82. Credits. In program years 2015 and 2016, to | 3 | | encourage manufacturers to recycle or reuse more CEDs or EEDs | 4 | | than their target weight, a manufacturer shall earn recycling | 5 | | credits equal to 25% of weight the manufacturer collects over | 6 | | its recycling target for the year. Manufacturers may use | 7 | | credits to help meet their recycling target in the following | 8 | | program year, or may sell credits to another manufacturer for | 9 | | use in the next program year. A manufacturer may not use more | 10 | | than 25% of its earned credits to fulfill its target in any | 11 | | program year. Manufacturers will report to the Agency by April | 12 | | 1 the amount of credits earned in the previous program year and | 13 | | the amount of credits applied, sold or bought during the | 14 | | previous program year.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law. |
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