(415 ILCS 15/10.1)
(from Ch. 85, par. 5960.1)
(a) No person may sell or offer for sale at retail to consumers
in this State any beverage packaged in a plastic can unless such person has
first demonstrated to the satisfaction of the Agency that:
(1) plastic cans can be collected and recycled in a manner that will not
interfere with the processing of scrap aluminum cans; and
(2) plastic cans can be collected, processed and transported to
secondary materials markets at a cost that provides a reasonable profit to
recycling operations in the State.
(b) For the purpose of this Section, "plastic can" means a beverage
container having a capacity of 16 fluid ounces or less, composed of clear
polyethylene terephthalate thermoplastic, and where the basic structure of
the container, exclusive of the closure, also includes aluminum or steel.
(c) Any person adversely affected or threatened by a final determination
of the Agency under this Section may obtain review by filing a
petition for review with the Pollution Control Board in the manner provided
for permit appeals in the Environmental Protection Act.
(d) Any person that knowingly violates this Section shall be liable for
a civil penalty not to exceed $5,000 for each violation; such penalty may,
upon order of a court of competent jurisdiction, be made payable to the
Solid Waste Management Fund, to be used in accordance with the provisions
of the Illinois Solid Waste Management Act.
The State's Attorney or any person of the county in which the violation
occurred, or the Attorney General, at the request of the Agency or on his
own motion, may institute a civil action against any violator of this
Section. The court may award costs and reasonable attorney fees to the
State's Attorney, Attorney General, or other person who has prevailed
against a person who has committed a willful, knowing or repeated violation
of this Section.
Any funds collected in a proceeding under this subsection (d) in which
the Attorney General has prevailed shall be deposited in the Solid Waste
(Source: P.A. 86-774.)