(415 ILCS 98/25)
(Section scheduled to be repealed on January 1, 2021)
The collection programs established by thermostat manufacturers under this Act shall be designed to collectively achieve the following statewide goals:
(a) For calendar year 2011, the collection of least
5,000 mercury thermostats taken out of service in the State during the calendar year.
(b) For calendar years 2012, 2013, and 2014, the
collection of at least 15,000 mercury thermostats taken out of service in the State during each calendar year.
(c) For calendar years 2015 through 2020, the
collection goals shall be established by the Agency. The Agency shall establish collection goals no later than November 1, 2014. The collection goals established by the Agency shall maximize the annual collection of out-of-service mercury thermostats in the State. In developing the collection goals, the Agency shall take into account, at a minimum, (i) the effectiveness of collection programs for out-of-service mercury thermostats in the State and other states, including education and outreach efforts, (ii) collection requirements in other states, (iii) any reports or studies on the number of out-of-service mercury thermostats that are available for collection in this State, other states, and nationally, and (iv) other factors. Prior to establishing the collection goals, the Agency shall consult with stakeholder groups that include, at a minimum, representatives of thermostat manufacturers, environmental groups, thermostat wholesalers, contractors, and thermostat retailers.
The collection goals established by the Agency under subsection (c) of this Section are statements of general applicability under Section 1-70 of the Illinois Administrative Procedure Act and shall be adopted in accordance with the procedures of that Act. Any person adversely affected by a goal established by the Agency under subsection (c) of this Section may obtain a determination of the validity or application of the goal by filing a petition for review within 35 days after the date the adopted goal is published in the Illinois Register pursuant to subsection (d) of Section 5-40 of the Illinois Administrative Procedure Act. Review shall be afforded directly in the Appellate Court for the District in which the cause of action arose and not the Circuit Court. During the pendency of the review, the goal under review shall remain in effect.
For the purposes of determining compliance with the collection goals established under this Section, for calendar year 2015 and for each calendar year thereafter, the number of out-of-service mercury thermostats represented by loose ampoules shall be calculated:
(1) using a conversion factor such that each
loose mercury ampoule collected shall be deemed the equivalent of 0.85 mercury thermostats; or
(2) using an alternative conversion factor
determined by the manufacturer or group of manufacturers.
A manufacturer or group of manufacturers shall
include data and calculations to support its use of an alternative conversion factor.
(Source: P.A. 99-122, eff. 7-23-15; 100-201, eff. 8-18-17.)