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Public Act 096-1295


 

Public Act 1295 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1295
 
SB3346 EnrolledLRB096 15744 HLH 30983 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Mercury Thermostat Collection Act.
 
    Section 5. Legislative findings. The General Assembly
finds that:
    (1) many older thermostats used to activate heating and
cooling equipment contain mercury as part of a tilt switch
component in the thermostat;
    (2) the total amount of mercury used in each of those
thermostats averages about 4 grams;
    (3) millions of mercury-containing thermostats are still
in use in homes and businesses in the United States;
    (4) mercury in those thermostats poses a risk to human
health and the environment if those thermostats are not
properly managed at the end of their useful life;
    (5) the major thermostat manufacturers have established a
voluntary program to facilitate the collection and proper
management of mercury thermostats taken out of service;
    (6) the annual average of mercury-containing thermostats
collected for recycling in Illinois under the existing
voluntary collection program from 2006 to 2008 was 4,433;
    (7) thousands of mercury-containing thermostats are taken
out of service annually in the State;
    (8) it is in the public interest to achieve a significant
increase in the collection and proper management of mercury
thermostats taken out of service in the State.
 
    Section 10. Definitions.
    "Agency" means the Illinois Environmental Protection
Agency.
    "Board" means the Illinois Pollution Control Board.
    "Collection program" means a system for the collection,
transportation, recycling, and disposal of out-of-service
mercury thermostats that is financed and managed or provided by
a thermostat manufacturer individually or collectively with
other thermostat manufacturers in accordance with this Act.
    "Contractor" means a person engaged in the business of
installation, service, or removal of heating, ventilation, and
air-conditioning components.
    "Mercury thermostat" means a thermostat that meets the
definition of a "mercury thermostat" under subsection (f) of
Section 22.23b of the Environmental Protection Act.
    "Out-of-service mercury thermostat" means a mercury
thermostat that is removed, replaced, or otherwise taken out of
service.
    "Person" means any individual, partnership,
co-partnership, firm, company, limited liability company,
corporation, association, joint stock company, trust, estate,
political subdivision, State agency, or any other legal entity,
or its legal representatives, agents, or assigns.
    "Qualified contractor" means a person engaged in the
business of installation, service, or removal of heating,
ventilation, and air-conditioning components who employs 7 or
more service technicians or installers or who is located in an
area outside of an urban area, as defined by the United States
Bureau of the Census.
    "Qualified local government authorities" means household
hazardous waste facilities, solid waste management agencies,
environmental management agencies, or departments of public
health.
    "Thermostat manufacturer" means a person who owns or owned
a name brand of one or more mercury thermostats sold in the
State.
    "Thermostat retailer" means a person who sells thermostats
of any kind primarily to homeowners or other nonprofessionals
through any sale or distribution mechanism, including, but not
limited to, sales using the Internet or catalogs. A thermostat
retailer that meets the definition of thermostat wholesaler
shall be considered a thermostat wholesaler.
    "Thermostat wholesaler" means a person who is engaged in
the distribution and wholesale selling of heating,
ventilation, and air-conditioning components, including, but
not limited to, thermostats, to contractors, and whose total
wholesale sales account for 80% or more of its total sales. A
thermostat manufacturer, as defined in this Section, is not a
thermostat wholesaler.
 
    Section 15. Mercury thermostat collection programs.
    (a) Each thermostat manufacturer shall, individually or
collectively with other thermostat manufacturers, establish
and maintain a collection program for the collection,
transportation, and proper management of out-of-service
mercury thermostats in accordance with the provisions of this
Act.
    (b) Each thermostat manufacturer shall, individually or
collectively with other thermostat manufacturers through a
collection program, do the following:
        (1) On and after January 1, 2011, compile a list of
    thermostat wholesalers in the State and offer each
    thermostat wholesaler containers for the collection of
    out-of-service mercury thermostats.
        (2) On and after January 1, 2011, make collection
    containers available to all qualified contractors,
    thermostat wholesalers, thermostat retailers, and
    qualified local government authorities in this State that
    request a container. Each thermostat manufacturer shall
    with each container include information regarding the
    proper management of out-of-service mercury thermostats as
    universal waste in accordance with the collection program
    and Board's rules.
        (3) Establish a system to collect, transport, and
    properly manage out-of-service mercury thermostats from
    all collection sites established under this Section.
        (4) Not include any fees or other charges to persons
    participating in the program, except that each thermostat
    wholesaler, qualified contractor, qualified local
    government authority, or thermostat retailer that is
    provided with one or more collection containers may be
    charged a one-time program administration fee not to exceed
    $75 per collection container.
        (5) From January 1, 2011, through December 31, 2013,
    conduct education and outreach efforts, including, but not
    limited to the following:
            (A) create a public service announcement promoting
        collection and proper management of out-of-service
        mercury thermostats, copies of which shall be provided
        to the Agency;
            (B) establish and maintain a publicly accessible
        website for the dissemination of educational materials
        to promote the collection of out-of-service mercury
        thermostats. This website shall include templates of
        the educational materials on the Internet website in a
        form and format that can be easily downloaded and
        printed. The link to this website shall be provided to
        the Agency;
            (C) contact thermostat wholesalers at least once a
        year to encourage their support and participation in
        educating their customers on the importance of and
        statutory requirements for the collection and proper
        management of out-of-service mercury thermostats;
            (D) develop and implement strategies to encourage
        participating thermostat retailers to educate their
        customers on the importance of and opportunities for
        collecting and recycling out-of-service mercury
        thermostats;
            (E) create and maintain a web-based program that
        allows contractors and consumers to identify
        collection sites for out-of-service mercury
        thermostats by zip code in the State;
            (F) prepare and mail to contractor associations a
        postcard or other notice that provides information on
        the collection program for out-of-service mercury
        thermostats; and
            (G) develop informational articles, press
        releases, and news stories pertaining to the
        importance of and opportunities for collecting and
        recycling out-of-service mercury thermostats and
        distribute those materials to trade publications,
        local media, and stakeholder groups.
        (6) On or before January 1, 2011, develop and update as
    necessary educational and other outreach materials for
    distribution to contractors, contractor associations, and
    consumers. Those materials shall be made available for use
    by participating thermostat wholesalers, thermostat
    retailers, contractors, and qualified local government
    authorities. The materials shall include, but not be
    limited to, the following:
            (A) signage, such as posters and cling signage,
        that can be prominently displayed to promote the
        collection of out-of-service mercury thermostats to
        contractors and consumers; and
            (B) written materials or templates of materials
        for reproduction by thermostat wholesalers and
        thermostat retailers to be provided to customers at the
        time of purchase or delivery of a thermostat. The
        materials shall include, but not be limited to,
        information on the importance of properly managing
        out-of-service mercury thermostats and opportunities
        for the collection of those thermostats.
        (7) Provide an opportunity for the Agency and other
    interested stakeholders to offer feedback and suggestions
    on the collection program.
    (c) If the collection programs do not collectively achieve
the collection goals provided for in Section 25 of this Act for
calendar year 2013, 2015 or 2017, thermostat manufacturers
shall, individually or collectively, submit to the Agency for
review and approval proposed revisions to the collection
programs that are designed to achieve the goals in subsequent
calendar years. The proposed revisions shall be submitted to
the Agency with the annual report required in Section 20 of
this Act.
    (d) Within 90 days after receipt of the proposed collection
program revisions required under subsection (c) of this
Section, the Agency shall review and (i) approve, (ii)
disapprove, or (iii) approve with modifications the proposed
collection program revisions.
        (1) The Agency shall approve proposed revisions if the
    Agency determines that the revised collection programs
    will collectively achieve the collection goals set forth in
    Section 25 of this Act.
        (2) If the Agency determines the revised collection
    programs will not collectively achieve the collection
    goals set forth in Section 25 of this Act, the Agency may
    require modifications to one or more collection programs
    that the Agency determines are necessary to achieve the
    collection goals. Modifications required by the Agency may
    include improvements to outreach and education conducted
    under the collection program, expansion of the number and
    location of collection sites established under the
    program, modification of the roles of participants, and a
    $5 financial incentive in the form of either cash or a
    coupon offered by the manufacturer to contractors and
    consumers for each out-of-service mercury thermostat
    returned to a collection site.
        (3) Prior to issuing any decision under this subsection
    (d) the Agency shall consult with thermostat manufacturers
    and other interested groups.
        (4) Thermostat manufacturers shall begin the process
    to implement collection program revisions approved by the
    Agency, with or without modifications, within 90 days after
    approval.
        (5) If the program revisions are disapproved, the
    Agency shall notify the thermostat manufacturers in
    writing as to the reasons for the disapproval. The
    thermostat manufacturers shall have 35 days to submit a new
    collection program revision.
        (6) Any action by the Agency to disapprove or modify
    proposed collection program revisions under this
    subsection (d) shall be subject to appeal to the Board in
    the same manner as provided for a permit decision under
    Section 40 of the Environmental Protection Act.
 
    Section 20. Reporting on collection efforts.
    (a) No later than September 1, 2011, and no later than
September 1 of each year thereafter, each thermostat
manufacturer shall, individually or collectively with other
thermostat manufacturers, submit a mid-term report on its
collection program to the Agency covering the six-month period
beginning on January 1st of the year in which the report is
due. The mid-term report shall identify the number of
out-of-service mercury thermostats collected under the program
and a listing of all collection sites in the State.
    (b) No later than April 1, 2012, and no later than April 1
of each year thereafter, each thermostat manufacturer shall,
individually or collectively with other thermostat
manufacturers, submit an annual report on its collection
program to the Agency covering the one-year period ending
December 31st of the previous year. Each report shall be posted
on the manufacturer's or program operator's respective
internet website. The annual report shall include, but not be
limited to, the following:
        (1) the number of out-of-service mercury thermostats
    collected and managed under this Act during the previous
    calendar year;
        (2) the estimated total amount of mercury contained in
    the out-of-service mercury thermostats collected under
    this Act during the previous calendar year;
        (3) an evaluation of the effectiveness of the
    collection program;
        (4) a list of all thermostat wholesalers, contractors,
    qualified local government authorities, and thermostat
    retailers participating in the program as mercury
    thermostat collection sites and the number of
    out-of-service mercury thermostats returned by each;
        (5) an accounting of the program's administrative
    costs;
        (6) a description of outreach strategies employed
    under item (5) of subsection (b) of Section 15 of this Act;
        (7) examples of outreach and educational materials
    used under item (6) of subsection (b) of Section 15 of this
    Act;
        (8) the Internet website address or addresses where the
    annual report may be viewed online;
        (9) a description of how the out-of-service mercury
    thermostats were managed;
        (10) any modifications that the thermostat
    manufacturer has made or is planning to make in its
    collection program; and
        (11) the identification of a collection program
    contact and the business phone number, mailing address, and
    e-mail address for the contact.
 
    Section 25. Collection goals. 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.
    (d) The collection goals established by the Agency under
subsection (c) of this Section are statements of general
applicability under Section 1-70 of the Administrative
Procedures 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 40 of the Administrative
Procedures 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.
 
    Section 30. Management of out-of-service mercury
thermostats. All contractors, thermostat wholesalers,
thermostat manufacturers, and thermostat retailers
participating in the program shall handle and manage the
out-of-service mercury thermostats in a manner that is
consistent with the provisions of the universal waste
regulations adopted by the Board.
 
    Section 35. Thermostat wholesaler and contractor
responsibilities.
    (a) On and after July 1, 2011, no thermostat wholesaler
shall sell, offer to sell, distribute, or offer to distribute
thermostats unless the wholesaler:
        (1) participates as a collection site for
    out-of-service mercury thermostats;
        (2) uses the containers provided by the collection
    program to facilitate collection of out-of-service mercury
    thermostats by contractors;
        (3) complies with the requirements of the collection
    program related to the acceptance of out-of-service
    mercury thermostats; and
        (4) distributes to its customers the educational
    outreach materials developed under item (6) of subsection
    (b) of Section 15.
    (b) On or after July 1, 2011, no contractor or other person
shall remove, replace, or otherwise take out of service a
mercury thermostat unless the contractor or person delivers it
to a collection site established under this Act.
 
    Section 40. Agency responsibilities.
    (a) No later than June 1, 2011, the Agency shall maintain
on its website information regarding the collection and proper
management of out-of-service mercury thermostats in the State.
The information shall include, but is not limited to, the
following:
        (1) a description of the collection programs
    established under this Act;
        (2) a report on the progress towards achieving the
    statewide collection goals set forth in Section 25 of this
    Act; and
        (3) a list of all thermostat wholesalers, contractors,
    qualified local government authorities, and thermostat
    retailers participating in the program as collection
    sites.
    (b) No later than November 1, 2019, the Agency shall submit
a written report to the Governor and General Assembly regarding
the effectiveness of the collection programs established under
this Act, information on the number of out-of-service
thermostats collected, how the out-of-service thermostats were
managed, and an estimate of the number of thermostats that are
available for collection. The Agency shall use this information
to recommend whether the sunset date specified in Section 55
for this Act should be extended, along with any other statutory
changes. In preparing the report, the Agency shall consult with
mercury thermostat manufacturers, environmental organizations,
and other interest groups.
    (c) In conjunction with the educational and outreach
programs implemented by the thermostat manufacturers under
this Act, the Agency shall conduct outreach to promote the
collection and proper management of out-of-service mercury
thermostats.
 
    Section 45. Penalties.
    (a) Any thermostat manufacturer that violates any
provision of this Act or any rule adopted by the Agency
pursuant to this Act, or that fails to perform any duty imposed
by this Act shall be liable for a civil penalty not to exceed
$2,500 per day for each violation. Each violation of this Act
shall constitute a separate offense and violation.
    (b) Any thermostat wholesaler, contractor, or other person
that violates any provision of this Act, or any rule adopted by
the Agency pursuant to this Act, or that fails to perform any
duty imposed by this Act shall be liable for a civil penalty
not to exceed $500 per day for each violation. Each violation
of this Act shall constitute a separate offense and violation.
    (c) The penalties provided for in this Section may be
recovered in a civil action brought in the name of the people
of the State of Illinois by the State's Attorney of the county
in which the violation occurred or by the Attorney General. Any
funds collected under this Section in an action in which the
Attorney General has prevailed shall be deposited in the
Environmental Protection Trust Fund, to be used in accordance
with the provisions of the Environmental Trust Fund Act.
    (d) There shall be no penalty under this Section for a
thermostat manufacturer's failure to achieve the statewide
collection goals set forth in Section 25 of this Act.
 
    Section 50. Disposal prohibition.
    (a) Beginning July 1, 2011, no person may knowingly cause
or allow the mixing of an out-of-service mercury thermostat
with any other municipal waste that is intended for disposal at
a sanitary landfill.
    (b) Beginning July 1, 2011, no person may knowingly cause
or allow the disposal of an out-of-service mercury thermostat
in a sanitary landfill.
 
    Section 55. Repealer. This Act is repealed on January 1,
2021.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/26/2010