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Public Act 099-0013


 

Public Act 0013 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0013
 
HB1455 EnrolledLRB099 05771 MGM 25815 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 Sections 15, 20, 50, 55, and 80 and by
adding Section 82 as follows:
 
    (415 ILCS 150/15)
    Sec. 15. Statewide recycling and reuse goals for all
covered electronic devices.
    (a) For program year 2010, the statewide recycling or reuse
goal for all CEDs is the product of: (i) the latest population
estimate for the State, as published on the U.S. Census
Bureau's website on January 1, 2010; multiplied by (ii) 2.5
pounds per capita.
    (b) For program year 2011, the statewide recycling or reuse
goal for all CEDs is the product of: (i) the 2010 base weight;
multiplied by (ii) the 2010 goal attainment percentage.
    For the purposes of this subsection (b):
    The "2010 base weight" means the greater of: (i) twice the
total weight of all CEDs that were recycled or processed for
reuse between January 1, 2010 and June 30, 2010 as reported to
the Agency under subsection (i) or (j) of Section 30; or (ii)
twice the total weight of all CEDs that were recycled or
processed for reuse between January 1, 2010 and June 30, 2010
as reported to the Agency under subsection (c) of Section 55.
    The "2010 goal attainment percentage" means:
        (1) 90% if the 2010 base weight is less than 90% of the
    statewide recycling or reuse goal for program year 2010;
        (2) 95% if the 2010 base weight is 90% or greater, but
    does not exceed 95%, of the statewide recycling or reuse
    goal for program year 2010;
        (3) 100% if the 2010 base weight is 95% or greater, but
    does not exceed 105%, of the statewide recycling or reuse
    goal for program year 2010;
        (4) 105% if the 2010 base weight is 105% or greater,
    but does not exceed 110%, of the statewide recycling or
    reuse goal for program year 2010; and
        (5) 110% if the 2010 base weight is 110% or greater of
    the statewide recycling or reuse goal for program year
    2010.
    (c) For program year 2012 and for each of the following
categories of electronic devices, each manufacturer shall
recycle or reuse at least 40% of the total weight of the
electronic devices that the manufacturer sold in that category
in Illinois during the calendar year beginning January 1, 2010:
computers, monitors, televisions, printers, electronic
keyboards, facsimile machines, video cassette recorders,
portable digital music players, digital video disc players,
video game consoles, electronic mice, scanners, digital
converter boxes, cable receivers, satellite receivers, digital
video disc recorders, and small-scale servers. To determine the
manufacturer's annual recycling or reuse goal, the
manufacturer shall use its own Illinois sales data or its own
national sales data proportioned to Illinois' share of the U.S.
population, based on the U.S. Census population estimate for
2009.
    (c-5) For program year 2013 and program year 2014 and
thereafter and for each of the following categories of
electronic devices, each manufacturer shall recycle or reuse at
least 50% of the total weight of the electronic devices that
the manufacturer sold in that category in Illinois during the
calendar year 2 years before the applicable program year:
computers, monitors, televisions, printers, electronic
keyboards, facsimile machines, video cassette recorders,
portable digital music players, digital video disc players,
video game consoles, electronic mice, scanners, digital
converter boxes, cable receivers, satellite receivers, digital
video disc recorders, and small-scale servers.
    To determine the manufacturer's annual recycling or reuse
goal, the manufacturer shall use its own Illinois sales data or
its own national sales data proportioned to Illinois' share of
the U.S. population, based on the most recent U.S. Census data.
    (c-6) For program year 2015, the total annual recycling
goal for all manufacturers shall be as follows:
        (1) 30,800,000 pounds for manufacturers of televisions
    and computer monitors; and
        (2) 15,800,000 pounds for manufacturers of all other
    covered electronic devices.
    For program year 2016 and program year 2017, the total
annual recycling goal for all manufacturers shall be as
follows:
        (1) 34,000,000 pounds for manufacturers of televisions
    and computer monitors; and
        (2) 15,600,000 pounds for manufacturers of all other
    covered electronic devices.
    An individual manufacturer's annual recycling goal for
televisions, computer monitors, and all other covered
electronic devices shall be in proportion to the manufacturer's
market share of those product types sold in Illinois during the
calendar year 2 years before the applicable program year.
    For program year 2018 and thereafter, and for each of the
following categories of electronic devices, each manufacturer
shall recycle or reuse at least 50% of the total weight of the
electronic devices that the manufacturer sold in that category
in Illinois during the calendar year 2 years before the
applicable program year: computers, monitors, televisions,
printers, electronic keyboards, facsimile machines, video
cassette recorders, portable digital music players, digital
video disc players, video game consoles, electronic mice,
scanners, digital converter boxes, cable receivers, satellite
receivers, digital video disc recorders, and small-scale
servers.
    To determine the manufacturer's annual recycling or reuse
goal for program year 2018 and thereafter, the manufacturer
shall use its own Illinois sales data or its own national sales
data proportioned to Illinois' share of the U.S. population,
based on the most recent U.S. census data.
    (d) In order to further the policy of the State of Illinois
to reduce the environmental and economic impacts of
transporting and managing cathode-ray tube (CRT) glass, and to
support (i) the beneficial use of CRTs in accordance with
beneficial use determinations issued by the Agency under
Section 22.54 of the Environmental Protection Act and (ii) the
storage of CRTs in retrievable storage cells at locations
within the State for future recovery, the total weight of a CRT
device, prior to processing, may be applied toward the
manufacturer's annual recycling or reuse goal, provided that:
        (1) all recyclable components are removed from the
    device; and
        (2) the glass from the device is either:
            (A) beneficially reused in accordance with a
        beneficial use determination issued under Section
        22.54 of the Environmental Protection Act; or
            (B) placed in a storage cell, in a manner that
        allows it to be retrieved in the future, at a waste
        disposal site that is permitted to accept the glass.
(Source: P.A. 97-287, eff. 8-10-11.)
 
    (415 ILCS 150/20)
    Sec. 20. Agency responsibilities.
    (a) The Agency has the authority to monitor compliance with
this Act, enforce violations of the Act by administrative
citation, and refer violations of this Act to the Attorney
General.
    (b) No later than October 1 of each program year, the
Agency shall post on its website a list of underserved counties
in the State for the next program year. The list of underserved
counties for program years 2010 and 2011 is set forth in
subsection (a) of Section 60.
    (c) From July 1, 2009 until December 31, 2015, the Agency
shall implement a county and municipal government education
campaign to inform those entities about this Act and the
implications on solid waste collection in their localities.
    (c-5) No later than February 1, 2012 and every February 1
thereafter, the Agency shall use a portion of the manufacturer,
recycler, and refurbisher registration fees to provide a $2,000
grant to the recycling coordinator in each county of the State
in order to inform residents in each county about this Act and
opportunities to recycle CEDs and EEDs. The recycling
coordinator shall expend the $2,000 grant before December 31 of
the program year in which the grant is received. The recycling
coordinator shall maintain records that document the use of the
grant funds.
    (c-10) By June 15, 2012 and by December 15, 2012, and by
every June 15 and December 15 thereafter through December 15,
2015, the Agency shall meet with associations that represent
Illinois retail merchants twice each year to discuss compliance
with Section 40.
    (c-15) By December 15, 2012 and each December 15
thereafter, the Agency shall post on its website: (i) the
mailing address of each collection site at which collectors
collected CEDs and EEDs during the program year and (ii) the
amount in pounds of total CEDs and total EEDs collected at the
collection site during the program year.
    (d) By July 1, 2011 for the first program year, and by May
15 for all subsequent program years, except for program years
2015, 2016, and 2017, the Agency shall report to the Governor
and to the General Assembly annually on the previous program
year's performance. The report must be posted on the Agency's
website. The report must include, but not be limited to, the
following:
        (1) the total overall weight of CEDs, as well as the
    sub-total weight of computers, the sub-total weight of
    computer monitors, the sub-total weight of printers, the
    sub-total weight of televisions, and the total weight of
    EEDs that were recycled or processed for reuse in the State
    during the program year, as reported by manufacturers and
    collectors under Sections 30 and 55;
        (2) a listing of all collection sites, as set forth
    under subsection (a) of Section 55, and the addresses of
    those sites;
        (3) a statement showing, for the preceding program
    year, (i) the total weight of CEDs and EEDs collected,
    recycled, and processed for reuse by the manufacturers
    pursuant to Section 30, (ii) the total weight of CEDs
    processed for reuse by the manufacturers, and (iii) the
    total weight of CEDs collected by the collectors;
        (4) a listing of all entities or persons to whom the
    Agency issued an administrative citation or with respect to
    which the Agency made a referral for enforcement to the
    Attorney General's Office as a result of a violation of
    this Act;
        (5) a discussion of the Agency's education and outreach
    activities as set forth in subsection (c) of this Section;
    and
        (6) a discussion of the penalties, if any, incurred by
    manufacturers for failure to achieve recycling goals, and a
    recommendation to the General Assembly of any necessary or
    appropriate changes to the manufacturers' recycling goals
    or penalty provisions included in this Act.
    For program years 2015, 2016, and 2017, the Agency shall
make available on its website the information described in
paragraphs (1) through (6) in whatever format it deems
appropriate.
    (e) The Agency shall post on its website: (1) a list of
manufacturers that have paid the current year's registration
fee as set forth in subsection (b) of Section 30; (2) a list of
manufacturers that failed to pay the current year's
registration fee as set forth in subsection (b) of Section 30;
and (3) a list of registered collectors, the addresses of their
collection sites, their business telephone numbers, and a link
to their websites.
    (f) In program years 2012, 2013, and 2014, and at its
discretion thereafter, the Agency shall convene and host an
Electronic Products Recycling Conference. The Agency may host
the conferences alone or with other public entities or with
organizations associated with electronic products recycling.
    (g) No later than October 1 of each program year, the
Agency must post on its website the following information for
the next program year: (i) the individual recycling and reuse
goals for each manufacturer, as set forth in subsections (c)
and (c-5) of Section 15, as applicable, and (ii) the total
statewide recycling goal, determined by adding each individual
manufacturer's annual goal.
    (h) By April 1, 2011, and by April 1 of all subsequent
years, the Agency shall award those manufacturers that have met
or exceeded their recycling or reuse goals for the previous
program year with an Electronic Industry Recycling Award. The
award shall acknowledge that the manufacturer has met or
exceeded its recycling goals and shall be posted on the Agency
website and in other media as appropriate.
    (i) By March 1, 2011, and by March 1 of each subsequent
year, the Agency shall post on its website a list of registered
manufacturers that have not met their annual recycling and
reuse goal for the previous program year.
    (j) By July 1, 2015, the Agency shall solicit written
comments regarding all aspects of the program codified in this
Act, for the purpose of determining if the program requires any
modifications.
        (1) Issues to be reviewed by the Agency are, but not
    limited to, the following:
            (A) Sufficiency of the annual statewide recycling
        goals.
            (B) Fairness of the formulas used to determine
        individual manufacturer goals.
            (C) Adequacy of, or the need for, continuation of
        the credits outlined in Section 30(d)(1) through (3).
            (D) Any temporary rescissions of county landfill
        bans granted by the Illinois Pollution Control Board
        pursuant to Section 95(e).
            (E) Adequacy of, or the need for, the penalties
        listed in Section 80 of this Act, which are scheduled
        to take effect on January 1, 2013.
            (F) Adequacy of the collection systems that have
        been implemented as a result of this Act, with a
        particular focus on promoting the most cost-effective
        and convenient collection system possible for Illinois
        residents.
        (2) By July 1, 2015, the Agency shall complete its
    review of the written comments received, as well as its own
    reports on the preceding program years. By August 1, 2015,
    the Agency shall hold a public hearing to present its
    findings and solicit additional comments. All additional
    comments shall be submitted to the Agency in writing no
    later than October 1, 2015.
        (3) The Agency's final report, which shall be issued no
    later than February 1, 2016, shall be submitted to the
    Governor and the General Assembly and shall include
    specific recommendations for any necessary or appropriate
    modifications to the program.
    (k) Any violation of this Act shall be enforceable by
administrative citation. Whenever the Agency personnel or
county personnel to whom the Agency has delegated the authority
to monitor compliance with this Act shall, on the basis of
direct observation, determine that any person has violated any
provision of this Act, the Agency or county personnel may issue
and serve, within 60 days after the observed violation, an
administrative citation upon that person or the entity
employing that person. Each citation shall be served upon the
person named or the person's authorized agent for service of
process and shall include the following:
        (1) a statement specifying the provisions of this Act
    that the person or the entity employing the person has
    violated;
        (2) a copy of the inspection report in which the Agency
    or local government recorded the violation and the date and
    time of the inspection;
        (3) the penalty imposed under Section 80; and
        (4) an affidavit by the personnel observing the
    violation, attesting to their material actions and
    observations.
    (l) If the person named in the administrative citation
fails to petition the Illinois Pollution Control Board for
review within 35 days after the date of service, the Board
shall adopt a final order, which shall include the
administrative citation and findings of violation as alleged in
the citation and shall impose the penalty specified in Section
80.
    (m) If a petition for review is filed with the Board to
contest an administrative citation issued under this Section,
the Agency or unit of local government shall appear as a
complainant at a hearing before the Board to be conducted
pursuant to subsection (n) of this Section at a time not less
than 21 days after notice of the hearing has been sent by the
Board to the Agency or unit of local government and the person
named in the citation. In those hearings, the burden of proof
shall be on the Agency or unit of local government. If, based
on the record, the Board finds that the alleged violation
occurred, it shall adopt a final order, which shall include the
administrative citation and findings of violation as alleged in
the citation, and shall impose the penalty specified in Section
80 of this Act. However, if the Board finds that the person
appealing the citation has shown that the violation resulted
from uncontrollable circumstances, the Board shall adopt a
final order that makes no finding of violation and imposes no
penalty.
    (n) All hearings under this Act shall be held before a
qualified hearing officer, who may be attended by one or more
members of the Board, designated by the Chairman. All of these
hearings shall be open to the public, and any person may submit
written statements to the Board in connection with the subject
of these hearings. In addition, the Board may permit any person
to offer oral testimony. Any party to a hearing under this
subsection may be represented by counsel, make oral or written
argument, offer testimony, cross-examine witnesses, or take
any combination of those actions. All testimony taken before
the Board shall be recorded stenographically. The transcript so
recorded and any additional matter accepted for the record
shall be open to public inspection, and copies of those
materials shall be made available to any person upon payment of
the actual cost of reproducing the original.
    (o) Counties that have entered into a delegation agreement
with the Agency pursuant to subsection (r) of Section 4 of the
Illinois Environmental Protection Act for the purpose of
conducting inspection, investigation, or enforcement-related
functions may conduct inspections for noncompliance with this
Act.
(Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.)
 
    (415 ILCS 150/50)
    Sec. 50. Recycler and refurbisher registration.
    (a) Prior to January 1 of each program year, 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, 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, the Agency shall
post on its website the registration fee for the next program
year.
    (c) 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, 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. Manufacturers of CEDs and
EEDs shall ensure that recycling or refurbishing facilities
used as part of their recovery programs meet this requirement.
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 and has paid the
registration fee as required under this Section.
    (c-5) A Neither a registered recycler or nor a 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
a similar methods method 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) 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. 96-1154, eff. 7-21-10; 97-287, eff. 8-10-11.)
 
    (415 ILCS 150/55)
    Sec. 55. Collector responsibilities.
    (a) No later than January 1 of each program year,
collectors that collect or receive CEDs or EEDs for one or more
manufacturers, recyclers, or refurbishers shall register with
the Agency. Registration must be in the form and manner
required by the Agency and must include, without limitation,
the address of each location where CEDs or EEDs are received
and the identification of each location at which the collector
accepts CEDs or EEDs from a residence. Beginning January 1,
2016, collectors shall work only with certified recyclers and
refurbishers as provided in subsection (c) of Section 50 of
this Act.
    (b) Manufacturers, recyclers, refurbishers also acting as
collectors shall so indicate on their registration under
Section 30 or 50 and not register separately as collectors.
    (c) No later than August 15, 2010, collectors must submit
to the Agency, on forms and in a format prescribed by the
Agency, a report for the period from January 1, 2010 through
June 30, 2010 that contains the following information: the
total weight of computers, the total weight of computer
monitors, the total weight of printers, the total weight of
televisions, and the total weight of EEDs collected or received
for each manufacturer.
    (d) By January 31 of each program year, collectors must
submit to the Agency, on forms and in a format prescribed by
the Agency, a report that contains the following information
for the previous program year:
        (1) The total weight of computers, the total weight of
    computer monitors, the total weight of printers, facsimile
    machines, and scanners, the total weight of televisions,
    the total weight of the remaining CEDs collected, and the
    total weight of EEDs collected or received for each
    manufacturer during the previous program year.
        (2) A list of each recycler and refurbisher that
    received CEDs and EEDs from the collector and the total
    weight each recycler and refurbisher received.
        (3) The address of each collector's facility where the
    CEDs and EEDs were collected or received. Each facility
    address must include the county in which the facility is
    located.
    (e) Collectors may accept no more than 10 CEDs or EEDs at
one time from individual members of the public and, when
scheduling collection events, shall provide no fewer than 30
days' notice to the county waste agency of those events.
    (f) No collector of CEDs and EEDs may recycle, or refurbish
for reuse or resale, CEDs or EEDs to a third party unless the
collector registers as a recycler or refurbisher pursuant to
Section 50 and pays the registration fee pursuant to Section
50.
(Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.)
 
    (415 ILCS 150/80)
    Sec. 80. Penalties.
    (a) Except as otherwise provided in this Act, any person
who violates any provision of this Act or fails to perform any
duty under this Act is liable for a civil penalty of $7,000 for
the violation and an additional civil penalty not to exceed
$1,000 for each day the violation continues.
    (b) A manufacturer that is not registered with the Agency
as required under this Act, or that has not paid the
registration fee as required under this Act, is liable for a
civil penalty not to exceed $10,000 for the violation and an
additional civil penalty not to exceed $10,000 for each day the
violation continues.
    (c) A manufacturer in violation of subsection (d) of
Section 30 of this Act in program year 2012 or thereafter is
liable for a civil penalty equal to the following:
        (1) In program year 2012, if the total weight of CEDs
    and EEDs recycled or processed for reuse by the
    manufacturer is less than 50% of the manufacturer's
    individual recycling or reuse goal set forth in subsection
    (c) of Section 15 of this Act, the manufacturer shall pay a
    penalty equal to the product of: (i) $0.70 per pound;
    multiplied by (ii) the difference between the
    manufacturer's individual recycling or reuse goal and the
    total weight of CEDs and EEDs recycled or processed for
    reuse by the manufacturer during the program year.
        (2) In program year 2013, if the total weight of CEDs
    and EEDs recycled or processed for reuse by the
    manufacturer is less than 60% of the manufacturer's
    individual recycling or reuse goal set forth in subsection
    (c-5) of Section 15 of this Act, the manufacturer shall pay
    a penalty equal to the product of: (i) $0.70 per pound;
    multiplied by (ii) the difference between the
    manufacturer's individual recycling or reuse goal and the
    total weight of CEDs and EEDs recycled or processed for
    reuse by the manufacturer during the program year.
        (3) In program year 2014, and each year thereafter, if
    the total weight of CEDs and EEDs recycled or processed for
    reuse by the manufacturer is less than 70% of the
    manufacturer's individual recycling or reuse goal set
    forth in subsection (c-5) of Section 15 of this Act, the
    manufacturer shall pay a penalty equal to the product of:
    (i) $0.70 per pound; multiplied by (ii) the difference
    between the manufacturer's individual recycling or reuse
    goal and the total weight of CEDs and EEDs recycled or
    processed for reuse by the manufacturer during the program
    year.
        (4) In program year 2015, and each year thereafter, if
    the total weight of CEDs and EEDs recycled or processed for
    reuse by the manufacturer is less than 100% of the
    manufacturer's individual recycling or reuse goal set
    forth in subsection (c-5) and (c-6) of Section 15 of this
    Act, the manufacturer shall pay a penalty equal to the
    following:
            (i) Forty-five cents per pound for a manufacturer
        if the weight of CEDs and EEDs recycled by or on behalf
        of the manufacturer is less than 50% of the target
        recycling weight.
            (ii) Thirty-five cents per pound for a
        manufacturer if the weight of CEDs and EEDs recycled by
        or on behalf of the manufacturer is at least 50% but no
        more than 90% of the target recycling weight.
        All weight shall be measured by the difference between
    the manufacturer's individual recycling or reuse goal and
    the total weight of CEDs and EEDs recycled or processed for
    reuse by the manufacturer during the program year.
    (d) A manufacturer in violation of subsection (e), (h),
(i), (j), (k), (l), or (m) of Section 30 is liable for a civil
penalty not to exceed $5,000 for the violation.
    (e) Any person in violation of Section 50 of this Act is
liable for a civil penalty not to exceed $5,000 for the
violation.
    (f) A knowing violation of subsection (a), (b), or (c) of
Section 95 of this Act by anyone other than a residential
consumer is a petty offense punishable by a fine of $500. A
knowing violation of subsection (a), (b), or (c) of Section 95
of this Act by a residential consumer is a petty offense
punishable by a fine of $25 for a first violation; however, a
subsequent violation by a residential consumer is a petty
offense punishable by a fine of $50.
    (g) The penalties provided for in this Act may be recovered
in a civil action brought by the Attorney General in the name
of the People of the State of Illinois. Any moneys collected
under this Section in which the Attorney General has prevailed
may be deposited into the Electronic Recycling Fund,
established under this Act.
    (h) The Attorney General, at the request of the Agency or
on his or her own motion, may institute a civil action for an
injunction, prohibitory or mandatory, to restrain violations
of this Act or to require such actions as may be necessary to
address violations of this Act.
    (i) The penalties and injunctions provided in this Act are
in addition to any penalties, injunctions, or other relief
provided under any other law. Nothing in this Act bars a cause
of action by the State for any other penalty, injunction, or
relief provided by any other law.
    (j) A fine imposed by administrative citation pursuant to
subsection (k) of Section 20 shall be limited to $1,000.
Administrative citations may be used to enforce violations of
the landfill ban subject to fines set forth in subsection (f)
of this Section.
(Source: P.A. 97-287, eff. 8-10-11.)
 
    (415 ILCS 150/82 new)
    Sec. 82. Credits. In program years 2015 and 2016, to
encourage manufacturers to recycle or reuse more CEDs or EEDs
than their target weight, a manufacturer shall earn recycling
credits equal to 25% of weight the manufacturer collects over
its recycling target for the year. Manufacturers may use
credits to help meet their recycling target in the following
program year, or may sell credits to another manufacturer for
use in the next program year. A manufacturer may not use more
than 25% of its earned credits to fulfill its target in any
program year. Manufacturers will report to the Agency by April
1 the amount of credits earned in the previous program year and
the amount of credits applied, sold or bought during the
previous program year.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/10/2015