Full Text of HB1628 94th General Assembly
HB1628ham005 94TH GENERAL ASSEMBLY
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Rep. Karen May
Filed: 4/12/2005
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| AMENDMENT TO HOUSE BILL 1628
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| AMENDMENT NO. ______. Amend House Bill 1628 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Mercury Switch Removal Act. | 6 |
| Section 5. Legislative findings. The General Assembly | 7 |
| finds: | 8 |
| (1) That mercury is a persistent and toxic pollutant | 9 |
| that bioaccumulates in the environment. | 10 |
| (2) That 41 states, including Illinois, have issued | 11 |
| fish advisories that warn certain individuals to restrict | 12 |
| or avoid consuming fish from bodies of water contaminated | 13 |
| with mercury. | 14 |
| (3) That the United States Food and Drug Administration | 15 |
| has advised pregnant women and women of childbearing age | 16 |
| who may become pregnant not to eat shark, swordfish, king | 17 |
| mackerel, and tilefish due to methyl mercury | 18 |
| contamination. | 19 |
| (4) That according to estimates of the National | 20 |
| Research Council, over 600,000 babies are born annually at | 21 |
| risk for adverse neurodevelopment effects from in utero | 22 |
| exposure to methyl mercury resulting from the consumption | 23 |
| of mercury contaminated fish. These children will have to | 24 |
| struggle to keep up in school and might require remedial |
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| classes or special education. | 2 |
| (5) That automobile manufacturers ended their use of | 3 |
| mercury switches in new vehicles with the model year 2003, | 4 |
| but that a significant number of mercury switches still | 5 |
| exist in U. S. motor vehicles currently on the road. | 6 |
| (6) That mercury switches in vehicles are vaporized and | 7 |
| released into the environment when scrap metal, which | 8 |
| includes shredded end-of-life vehicles, is melted in | 9 |
| furnaces to make new steel. Recent findings show that | 10 |
| current use of mercury in automobiles can cause the release | 11 |
| of as much as 10 tons of mercury into the environment each | 12 |
| year. | 13 |
| (7) That pollution prevention is more desirable than | 14 |
| controlling pollution after the fact, and that removing | 15 |
| mercury switches from vehicles before they are crushed or | 16 |
| shredded is an effective way of preventing mercury from | 17 |
| entering steel making furnaces, thereby reducing emissions | 18 |
| into the environment. | 19 |
| (8) That manufacturers of mercury-added products | 20 |
| appear to be in the best position to ensure that | 21 |
| appropriate, practical, and cost-effective systems are | 22 |
| available for end-of-life management of their products. | 23 |
| (9) That statewide mercury switch collection programs, | 24 |
| in which mercury switches are removed before discarded | 25 |
| vehicles are reused as scrap metal, are being established | 26 |
| across the country to protect human health and the | 27 |
| environment. | 28 |
| (10) That auto recyclers and dismantling facilities | 29 |
| exist because many parts and other items have resale value, | 30 |
| but that such facilities have limited ability to pass on | 31 |
| the costs of removing mercury switches because the switches | 32 |
| have no resale value. Monetary incentives are therefore | 33 |
| needed to ensure significant recycling of mercury | 34 |
| switches. |
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| (11) That it is in the public interest of the residents | 2 |
| of Illinois to reduce the quantity of mercury in the | 3 |
| environment by removing switches from vehicles before they | 4 |
| are scrapped.
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| Section 10. Purpose. The purpose of this Act is to reduce | 6 |
| the quantity of mercury in the environment by removing mercury | 7 |
| switches from end-of-life vehicles and by creating a collection | 8 |
| and recovery program for mercury switches removed from | 9 |
| end-of-life vehicles in this State. | 10 |
| Section 15. Definitions. For the purposes of this Act: | 11 |
| "Agency" means the Illinois Environmental Protection | 12 |
| Agency. | 13 |
| "Board" means the Pollution Control Board. | 14 |
| "Capture rate" means removal, collection, and recovery of | 15 |
| mercury switches as a percentage of the total number of mercury | 16 |
| switches available for removal from end-of-life vehicles | 17 |
| annually. | 18 |
| "End-of-life vehicle" means any vehicle that is sold, | 19 |
| given, or otherwise conveyed to a vehicle recycler or scrap | 20 |
| recycling facility for the purpose of recycling. | 21 |
| "Manufacturer" means a person that is the last person in | 22 |
| the production or assembly process of a new motor vehicle that | 23 |
| uses mercury switches or, in the case of an imported vehicle, | 24 |
| the importer or domestic distributor of the vehicle. | 25 |
| "Manufacturer" does not include any person engaged in the | 26 |
| business of selling new motor vehicles at retail or converting | 27 |
| or modifying new motor vehicles after the production or | 28 |
| assembly process. | 29 |
| "Mercury switch" means each mercury-containing capsule, | 30 |
| commonly known as a "bullet", that is part of a convenience | 31 |
| light switch assembly or part of an anti-lock braking system | 32 |
| assembly installed in a vehicle. An anti-lock braking system |
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| assembly may contain more than one mercury switch. | 2 |
| "Mercury switch collection and recovery plan" means a plan | 3 |
| for removing, collecting, and recovering mercury switches from | 4 |
| end-of-life vehicles that is prepared pursuant to Section 20 of | 5 |
| this Act. | 6 |
| "Person" means any individual, firm, association, | 7 |
| partnership, corporation, governmental entity, organization, | 8 |
| combination, or joint venture, or other legal entity, however | 9 |
| organized. | 10 |
| "Scrap recycling facility" means a fixed location where | 11 |
| machinery and equipment are used for processing and | 12 |
| manufacturing scrap metal into prepared grades and whose | 13 |
| principal product is scrap iron, scrap steel, or nonferrous | 14 |
| metallic scrap that is for sale for remelting purposes. | 15 |
| "Vehicle" means any passenger automobile or passenger car, | 16 |
| station wagon, truck, van, or sport utility vehicle with a | 17 |
| gross vehicle weight rating of less than 12,000 pounds. | 18 |
| "Vehicle recycler" means any individual or entity engaged | 19 |
| in the business of acquiring, dismantling, or destroying 6 or | 20 |
| more vehicles in a calendar year for the primary purpose of | 21 |
| resale of the parts. | 22 |
| Section 20. Removal, collection, and recovery. | 23 |
| (a) Within 180 days after the effective date of this Act, | 24 |
| every manufacturer of vehicles sold in Illinois shall, | 25 |
| individually or as part of a group, submit to the Agency for | 26 |
| review and approval a mercury switch collection and recovery | 27 |
| plan to remove, collect, and recover mercury switches in | 28 |
| end-of-life vehicles. | 29 |
| (b) The mercury switch collection and recovery plan | 30 |
| prepared and submitted pursuant to this Section shall include, | 31 |
| at a minimum, the following: | 32 |
| (1) information identifying the make, model, and year | 33 |
| of vehicles, including current or anticipated future |
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| production models that may contain one or more mercury | 2 |
| switches; a description of the mercury switches; the | 3 |
| locations of these switches; and the safe and | 4 |
| environmentally sound methods for their removal from | 5 |
| end-of-life vehicles. To the extent a manufacturer is | 6 |
| uncertain as to the content of a switch installed during | 7 |
| the manufacture of a vehicle, the mercury collection and | 8 |
| recovery plan shall presume that the switch is a mercury | 9 |
| switch; | 10 |
| (2) educational materials to assist a vehicle recycler | 11 |
| or a scrap recycler in undertaking a safe and | 12 |
| environmentally sound method for the removal of the mercury | 13 |
| switches from end-of-life vehicles, including information | 14 |
| on the hazards related to, and the proper handling of, | 15 |
| mercury; | 16 |
| (3) a proposal for the method of storage or disposal of | 17 |
| the mercury switches, including the method of packaging and | 18 |
| shipping mercury switches to authorized recycling, | 19 |
| storage, or disposal facilities; | 20 |
| (4) a proposal for the storage of mercury switches | 21 |
| collected and recovered from end-of-life vehicles if | 22 |
| environmentally appropriate management technologies are | 23 |
| not available; and | 24 |
| (5) a plan for implementing and financing the mercury | 25 |
| switch collection and recovery plan in accordance with | 26 |
| subsection (e) of this Section. | 27 |
| (c) The mercury switch collection and recovery plan shall | 28 |
| be designed with the goal of achieving a mercury switch capture | 29 |
| rate of at least 90%, consistent with the principle that | 30 |
| mercury switches shall be removed, unless the mercury switch is | 31 |
| inaccessible due to significant damage to the end-of-life | 32 |
| vehicle in the area surrounding where the mercury switch is | 33 |
| located. | 34 |
| (d) To the extent practicable, a mercury switch collection |
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| and recovery plan shall use the existing end-of-life vehicle | 2 |
| recycling infrastructure. If the existing end-of-life vehicle | 3 |
| recycling infrastructure is not used, the mercury switch | 4 |
| collection and recovery plan shall include the reasons for | 5 |
| establishing a separate infrastructure. | 6 |
| (e) A mercury switch collection and recovery plan must | 7 |
| provide for financing of the removal, collection, and recovery | 8 |
| system for mercury switches installed in vehicles manufactured | 9 |
| by the manufacture and its predecessors and affiliates as | 10 |
| provided in this subsection. These costs shall be borne by the | 11 |
| manufacturers of vehicles sold in the State, ensuring that | 12 |
| additional financial burdens are not placed on businesses | 13 |
| dealing with end-of-life vehicles. The manufacturers shall | 14 |
| develop a method that ensures the prompt payment to vehicle | 15 |
| recyclers and scrap recyclers. Costs shall include, but not be | 16 |
| limited to, the following: | 17 |
| (1) $3 for each mercury switch removed in this State by | 18 |
| a vehicle recycler pursuant to Section 40 of this Act as | 19 |
| partial compensation for the labor and other costs incurred | 20 |
| by a vehicle recycler in the removal of the switch; | 21 |
| (2) $3 for each mercury switch removed in this State by | 22 |
| a scrap recycling facility pursuant to Section 40 of this | 23 |
| Act as partial compensation for the labor and other costs | 24 |
| incurred by a scrap recycling facility in the removal of | 25 |
| the switch; | 26 |
| (3) the cost of the packaging in which to transport | 27 |
| mercury switches to recycling, storage, or disposal | 28 |
| facilities; | 29 |
| (4) the cost of shipping of mercury switches to | 30 |
| recycling, storage, or disposal facilities; | 31 |
| (5) the cost of recycling, storage, or disposal of the | 32 |
| mercury switches; and | 33 |
| (6) the cost of preparation and distribution to vehicle | 34 |
| recyclers and scrap recycling facilities of educational |
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| materials required pursuant to item (2) of subsection (b) | 2 |
| of this Section. | 3 |
| (f) Within 30 days after the effective date of this Act, | 4 |
| every manufacturer of vehicles sold within this State, | 5 |
| individually or as part of a group, shall provide to vehicle | 6 |
| recyclers and scrap recycling facilities containers suitable | 7 |
| for storing mercury switches until such time that vehicle | 8 |
| recyclers and scrap recycling facilities can be reimbursed | 9 |
| pursuant to this Section. | 10 |
| (g) Manufacturers of vehicles sold within the State shall | 11 |
| provide vehicle recyclers or scrap recycling facilities with | 12 |
| reimbursement for each mercury switch in the amount established | 13 |
| pursuant to this Section regardless of when these switches were | 14 |
| removed from the vehicles, provided the vehicle recyclers or | 15 |
| scrap recycling facilities maintain the records required by | 16 |
| Section 40 of this Act. | 17 |
| Section 30. Plan approval and implementation. | 18 |
| (a) Within 120 days after receipt of a manufacturer's plan, | 19 |
| the Agency shall do either of the following: | 20 |
| (1) Determine whether the entire plan complies with | 21 |
| this Section. If the entire plan is approved, the | 22 |
| manufacturer shall begin implementation within 30 days | 23 |
| after receipt of approval. If the entire plan is rejected, | 24 |
| the Agency shall inform the manufacturer as to the reasons | 25 |
| for the rejection. The manufacturer shall have 30 days | 26 |
| thereafter to submit a new plan. | 27 |
| (2) Determine whether any part of the plan meets the | 28 |
| requirements of this Section and approve such compliant | 29 |
| parts and disapprove such others that do not comply with | 30 |
| the requirements of this Section. The manufacturer shall | 31 |
| immediately implement the approved parts and submit a | 32 |
| revised plan respecting the remaining parts within 30 days | 33 |
| after receipt of notification of the Agency's disapproval. |
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| The Agency shall review a manufacturer's revised plan | 2 |
| within 30 days after receipt. | 3 |
| (b) Two hundred and forty days after the effective date of | 4 |
| this Act, the Agency shall prescribe any portion of the plan | 5 |
| that has not been approved and the manufacturers shall | 6 |
| immediately implement the parts of the plan prescribed by the | 7 |
| Agency. | 8 |
| (c) The Agency shall review the plan 3 years after the | 9 |
| original date of approval of the plan and every 3 years | 10 |
| thereafter, and shall require modifications to the plan as | 11 |
| appropriate. | 12 |
| (d) The Agency shall solicit input from representatives of | 13 |
| vehicle recyclers, scrap recycling facilities, and other | 14 |
| interested parties on the mercury switch collection and | 15 |
| recovery plan. The comments shall be received within 60 days | 16 |
| after receipt of the plan. | 17 |
| Section 40. Removal and proper management of mercury | 18 |
| switches. | 19 |
| (a) Commencing 30 days after approval or conditional | 20 |
| approval of a mercury switch collection and recovery plan | 21 |
| pursuant to Section 30 of this Act, a vehicle recycler that | 22 |
| sells, gives, or otherwise conveys ownership of an end-of-life | 23 |
| vehicle to a scrap recycling facility shall remove all mercury | 24 |
| switches identified in the approved mercury switch collection | 25 |
| and recovery plan from the end-of-life vehicle prior to | 26 |
| delivery to a scrap recycling facility, unless a mercury switch | 27 |
| is inaccessible due to significant damage to the vehicle in the | 28 |
| area surrounding the location of the mercury switch, in which | 29 |
| case the damage shall be noted on the normal business records | 30 |
| of the vehicle recycler who delivered the end-of-life vehicle | 31 |
| to the scrap recycling facility. | 32 |
| (b) Notwithstanding subsection (a) of this Section, a scrap | 33 |
| recycling facility may agree to accept an end-of-life vehicle |
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| that has not been intentionally flattened, crushed, baled, or | 2 |
| shredded containing mercury switches, in which case the scrap | 3 |
| recycling facility shall be responsible for removing the | 4 |
| mercury switches identified in the mercury switch collection | 5 |
| and recovery plan approved pursuant to Section 30 before the | 6 |
| end-of-life vehicle is intentionally flattened, crushed, | 7 |
| baled, or shredded. | 8 |
| (c) A vehicle recycler or scrap recycling facility that | 9 |
| removes mercury switches pursuant to subsection (a) or (b) of | 10 |
| this Section shall maintain records documenting: | 11 |
| (1) the number of mercury switches collected; | 12 |
| (2) the number of end-of-life vehicles containing | 13 |
| mercury switches; | 14 |
| (3) the number of end-of-life vehicles processed for | 15 |
| recycling; | 16 |
| (4) the makes and models of vehicles from which mercury | 17 |
| switches were removed; and | 18 |
| (5) the number of switches collected from each make. | 19 |
| These records shall be retained for a minimum of 3 years and | 20 |
| made available for review by the Agency during normal business | 21 |
| hours upon request by the Agency.
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| (d) No person shall represent that mercury switches have | 23 |
| been removed from an end-of-life vehicle being sold, given, or | 24 |
| otherwise conveyed for recycling if that person has not removed | 25 |
| the mercury switches or arranged with another person to remove | 26 |
| the mercury switches. A mercury switch should be removed from | 27 |
| an end-of-life vehicle on site in Illinois. | 28 |
| (e) Upon removal, mercury switches shall be collected, | 29 |
| stored, transported, and otherwise handled in accordance with | 30 |
| the: | 31 |
| (1) mercury switch collection and recovery plan | 32 |
| approved pursuant to Section 30; and | 33 |
| (2) provisions of the rules concerning universal waste | 34 |
| for mercury and mercury-added products adopted by the Board |
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| pursuant to Section 22.23b(e) of the Environmental | 2 |
| Protection Act. | 3 |
| (f) No scrap recycling facility or other person that | 4 |
| receives an intentionally flattened, crushed, baled, or | 5 |
| shredded end-of-life vehicle shall be deemed in violation of | 6 |
| this Act, if a mercury switch is found in the vehicle after its | 7 |
| acquisition. | 8 |
| Section 55. General compliance with other provisions. | 9 |
| Except as expressly provided in this Act, compliance with this | 10 |
| Act shall not exempt a person from compliance with any other | 11 |
| law. | 12 |
| Section 60. Rulemaking. The Agency may adopt rules | 13 |
| concerning this Act. | 14 |
| Section 70. Reporting. One year after the implementation of | 15 |
| the removal, replacement, collection, and recovery system, and | 16 |
| annually thereafter, a manufacturer subject to Section 20 of | 17 |
| this Act shall, individually or as part of a group, report to | 18 |
| the Agency concerning the performance of the mercury switch | 19 |
| collection and recovery plan. The report shall include, but not | 20 |
| be limited to, the following: | 21 |
| (1) a detailed description and documentation of the | 22 |
| capture rate achieved, consistent with the principle that | 23 |
| mercury switches shall be recovered, unless the mercury | 24 |
| switch is inaccessible due to significant damage to the | 25 |
| end-of-life vehicle in the area surrounding where the | 26 |
| mercury switch is located; | 27 |
| (2) a plan to implement additional or alternative | 28 |
| actions, if necessary, to improve the capture rate; | 29 |
| (3) the number of switches collected, the number of | 30 |
| end-of-life vehicles containing mercury switches, the | 31 |
| number of end-of-life vehicles processed for recycling, |
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| and a description of how the mercury switches were managed; | 2 |
| and | 3 |
| (4) a description of the amounts paid to cover the | 4 |
| costs of implementing the mercury switch collection and | 5 |
| recovery plan. | 6 |
| Section 75. Penalties. Any person who violates any of the | 7 |
| provisions of this Act or its rules shall be liable and subject | 8 |
| to a civil penalty not to exceed $1,000 per day of violation. A | 9 |
| second offense under this Act shall subject the violator to a | 10 |
| civil penalty of not more than $10,000 for the violation and an | 11 |
| additional civil penalty of not more than $1,000 for each day | 12 |
| during which the violation continues. | 13 |
| Section 80. Universal waste. The Board shall modify it | 14 |
| rules governing universal hazardous waste as appropriate to | 15 |
| promote the collection, transport, recovery, and proper | 16 |
| management of mercury switches. Any rules adopted by the Board | 17 |
| under this Act shall not be inconsistent with federal law.
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| Section 90. Repealer. This Act is repealed 10 years after | 19 |
| its effective date.".
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