Public Act 100-0613
 
HB1439 EnrolledLRB100 03186 MJP 13191 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Electronic Products Recycling and Reuse Act
is amended by changing Section 50 as follows:
 
    (415 ILCS 150/50)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 50. Recycler and refurbisher registration.
    (a) Prior to January 1 of each program year, through
program year 2018, each recycler and refurbisher must register
with the Agency and submit a registration fee pursuant to
subsection (b) for that program year. Registration must be on
forms and in a format prescribed by the Agency and shall
include, but not be limited to, the address of each location
where the recycler or refurbisher manages CEDs or EEDs and
identification of each location at which the recycler or
refurbisher accepts CEDs or EEDs from a residence.
    (b) The registration fee for program year 2010 is $2,000.
For program year 2011, if a recycler's or refurbisher's annual
combined total weight of CEDs and EEDs is less than 1,000 tons
per year, the registration fee shall be $500. For program year
2012 and for all subsequent program years, through program year
2018, both registration fees shall be increased each year by an
inflation factor determined by the annual Implicit Price
Deflator for Gross National Product as published by the U.S.
Department of Commerce in its Survey of Current Business. The
inflation factor must be calculated each year by dividing the
latest published annual Implicit Price Deflator for Gross
National Product by the annual Implicit Price Deflator for
Gross National Product for the previous year. The inflation
factor must be rounded to the nearest 1/100th, and the
resulting registration fee must be rounded to the nearest whole
dollar. No later than October 1 of each program year, through
October 1, 2017, the Agency shall post on its website the
registration fee for the next program year.
    (c) Through program year 2018, no person may act as a
recycler or a refurbisher of CEDs for a manufacturer obligated
to meet goals under this Act unless the recycler or refurbisher
is registered with the Agency and has paid the registration fee
as required under this Section. Beginning in program year 2016,
and through program year 2018, all recycling or refurbishing
facilities used by collectors of CEDs and EEDs shall be
accredited by the Responsible Recycling (R2) Practices or
e-Stewards certification programs or any other equivalent
certification programs recognized by the United States
Environmental Protection Agency. Accreditation is not required
for facilities that place cathode ray tube (CRT) glass in
storage cells for future retrieval in accordance with
subsection (d) of Section 15 of this Act. Manufacturers of CEDs
and EEDs shall ensure that recycling or refurbishing facilities
used as part of their recovery programs meet this requirement.
Any organization that accredits facilities pursuant to this
Section is prohibited from penalizing or taking other negative
actions against any recycler, refurbisher, or collector of CEDs
and EEDs based on the recycler's, refurbisher's, or collector's
use of a facility that places CRT glass in storage cells for
future retrieval in accordance with subsection (d) of Section
15 of this Act.
    (c-5) Through program year 2018, a registered recycler or
refurbisher of CEDs and EEDs for a manufacturer obligated to
meet goals under this Act may not charge individual consumers
or units of local government acting as collectors a fee to
recycle or refurbish CEDs and EEDs, unless the recycler or
refurbisher provides (i) a financial incentive, such as a
coupon, that is of greater or equal value to the fee being
charged or (ii) premium service, such as curbside collection,
home pick-up, or similar methods of collection. Local units of
government serving as collectors of CEDs and EEDs shall not
charge a manufacturer for collection costs and shall offer the
manufacturer or its representative all CEDs and EEDs collected
by the local government at no cost. Nothing in this Act
requires a local unit of government to serve as a collector.
    (c-10) Nothing in this Act prohibits any waste hauler from
entering into a contractual agreement with a unit of local
government to establish a collection program for the recycling
or reuse of CEDs or EEDs, including services such as curbside
collection, home pick-up, drop-off locations, or similar
methods of collection.
    (d) Through program year 2018, recyclers and refurbishers
must, at a minimum, comply with all of the following:
        (1) Recyclers and refurbishers must comply with
    federal, State, and local laws and regulations, including
    federal and State minimum wage laws, specifically relevant
    to the handling, processing, refurbishing and recycling of
    residential CEDs and must have proper authorization by all
    appropriate governing authorities to perform the handling,
    processing, refurbishment, and recycling.
        (2) Recyclers and refurbishers must implement the
    appropriate measures to safeguard occupational and
    environmental health and safety, through the following:
            (A) environmental health and safety training of
        personnel, including training with regard to material
        and equipment handling, worker exposure, controlling
        releases, and safety and emergency procedures;
            (B) an up-to-date, written plan for the
        identification and management of hazardous materials;
        and
            (C) an up-to-date, written plan for reporting and
        responding to exceptional pollutant releases,
        including emergencies such as accidents, spills,
        fires, and explosions.
        (3) Recyclers and refurbishers must maintain (i)
    commercial general liability insurance or the equivalent
    corporate guarantee for accidents and other emergencies
    with limits of not less than $1,000,000 per occurrence and
    $1,000,000 aggregate and (ii) pollution legal liability
    insurance with limits not less than $1,000,000 per
    occurrence for companies engaged solely in the dismantling
    activities and $5,000,000 per occurrence for companies
    engaged in recycling.
        (4) Recyclers and refurbishers must maintain on file
    documentation that demonstrates the completion of an
    environmental health and safety audit completed and
    certified by a competent internal and external auditor
    annually. A competent auditor is an individual who, through
    professional training or work experience, is appropriately
    qualified to evaluate the environmental health and safety
    conditions, practices, and procedures of the facility.
    Documentation of auditors' qualifications must be
    available for inspection by Agency officials and
    third-party auditors.
        (5) Recyclers and refurbishers must maintain on file
    proof of workers' compensation and employers' liability
    insurance.
        (6) Recyclers and refurbishers must provide adequate
    assurance (such as bonds or corporate guarantee) to cover
    environmental and other costs of the closure of the
    recycler or refurbisher's facility, including cleanup of
    stockpiled equipment and materials.
        (7) Recyclers and refurbishers must apply due
    diligence principles to the selection of facilities to
    which components and materials (such as plastics, metals,
    and circuit boards) from CEDs and EEDs are sent for reuse
    and recycling.
        (8) Recyclers and refurbishers must establish a
    documented environmental management system that is
    appropriate in level of detail and documentation to the
    scale and function of the facility, including documented
    regular self-audits or inspections of the recycler or
    refurbisher's environmental compliance at the facility.
        (9) Recyclers and refurbishers must use the
    appropriate equipment for the proper processing of
    incoming materials as well as controlling environmental
    releases to the environment. The dismantling operations
    and storage of CED and EED components that contain
    hazardous substances must be conducted indoors and over
    impervious floors. Storage areas must be adequate to hold
    all processed and unprocessed inventory. When heat is used
    to soften solder and when CED and EED components are
    shredded, operations must be designed to control indoor and
    outdoor hazardous air emissions.
        (10) Recyclers and refurbishers must establish a
    system for identifying and properly managing components
    (such as circuit boards, batteries, CRTs, and mercury
    phosphor lamps) that are removed from CEDs and EEDs during
    disassembly. Recyclers and refurbishers must properly
    manage all hazardous and other components requiring
    special handling from CEDs and EEDs consistent with
    federal, State, and local laws and regulations. Recyclers
    and refurbishers must provide visible tracking (such as
    hazardous waste manifests or bills of lading) of hazardous
    components and materials from the facility to the
    destination facilities and documentation (such as
    contracts) stating how the destination facility processes
    the materials received. No recycler or refurbisher may
    send, either directly or through intermediaries, hazardous
    wastes to solid waste (non-hazardous waste) landfills or to
    non-hazardous waste incinerators for disposal or energy
    recovery. For the purpose of these guidelines, smelting of
    hazardous wastes to recover metals for reuse in conformance
    with all applicable laws and regulations is not considered
    disposal or energy recovery.
        (11) Recyclers and refurbishers must use a regularly
    implemented and documented monitoring and record-keeping
    program that tracks inbound CED and EED material weights
    (total) and subsequent outbound weights (total to each
    destination), injury and illness rates, and compliance
    with applicable permit parameters including monitoring of
    effluents and emissions. Recyclers and refurbishers must
    maintain contracts or other documents, such as sales
    receipts, suitable to demonstrate: (i) the reasonable
    expectation that there is a downstream market or uses for
    designated electronics (which may include recycling or
    reclamation processes such as smelting to recover metals
    for reuse); and (ii) that any residuals from recycling or
    reclamation processes, or both, are properly handled and
    managed to maximize reuse and recycling of materials to the
    extent practical.
        (12) Recyclers and refurbishers must comply with
    federal and international law and agreements regarding the
    export of used products or materials. In the case of
    exports of CEDs and EEDs, recyclers and refurbishers must
    comply with applicable requirements of the U.S. and of the
    import and transit countries and must maintain proper
    business records documenting its compliance. No recycler
    or refurbisher may establish or use intermediaries for the
    purpose of circumventing these U.S. import and transit
    country requirements.
        (13) Recyclers and refurbishers that conduct
    transactions involving the transboundary shipment of used
    CEDs and EEDs shall use contracts (or the equivalent
    commercial arrangements) made in advance that detail the
    quantity and nature of the materials to be shipped. For the
    export of materials to a foreign country (directly or
    indirectly through downstream market contractors): (i) the
    shipment of intact televisions and computer monitors
    destined for reuse must include only whole products that
    are tested and certified as being in working order or
    requiring only minor repair (e.g. not requiring the
    replacement of circuit boards or CRTs), must be destined
    for reuse with respect to the original purpose, and the
    recipient must have verified a market for the sale or
    donation of such product for reuse; (ii) the shipments of
    CEDs and EEDs for material recovery must be prepared in a
    manner for recycling, including, without limitation,
    smelting where metals will be recovered, plastics recovery
    and glass-to-glass recycling; or (iii) the shipment of CEDs
    and EEDs are being exported to companies or facilities that
    are owned or controlled by the original equipment
    manufacturer.
        (14) Recyclers and refurbishers must maintain the
    following export records for each shipment on file for a
    minimum of 3 years: (i) the facility name and the address
    to which shipment is exported; (ii) the shipment contents
    and volumes; (iii) the intended use of contents by the
    destination facility; (iv) any specification required by
    the destination facility in relation to shipment contents;
    (v) an assurance that all shipments for export, as
    applicable to the CED manufacturer, are legal and satisfy
    all applicable laws of the destination country.
        (15) Recyclers and refurbishers must employ
    industry-accepted procedures for the destruction or
    sanitization of data on hard drives and other data storage
    devices. Acceptable guidelines for the destruction or
    sanitization of data are contained in the National
    Institute of Standards and Technology's Guidelines for
    Media Sanitation or those guidelines certified by the
    National Association for Information Destruction;
        (16) No recycler or refurbisher may employ prison labor
    in any operation related to the collection,
    transportation, recycling, and refurbishment of CEDs and
    EEDs. No recycler or refurbisher may employ any third party
    that uses or subcontracts for the use of prison labor.
(Source: P.A. 99-13, eff. 7-10-15; 100-433, eff. 8-25-17.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.