Rep. Emily McAsey

Filed: 4/17/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1455

2    AMENDMENT NO. ______. Amend House Bill 1455 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Electronic Products Recycling and Reuse Act
5is amended by changing Sections 15, 20, 50, 55, and 80 and by
6adding Section 82 as follows:
 
7    (415 ILCS 150/15)
8    Sec. 15. Statewide recycling and reuse goals for all
9covered electronic devices.
10    (a) For program year 2010, the statewide recycling or reuse
11goal for all CEDs is the product of: (i) the latest population
12estimate for the State, as published on the U.S. Census
13Bureau's website on January 1, 2010; multiplied by (ii) 2.5
14pounds per capita.
15    (b) For program year 2011, the statewide recycling or reuse
16goal for all CEDs is the product of: (i) the 2010 base weight;

 

 

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1multiplied by (ii) the 2010 goal attainment percentage.
2    For the purposes of this subsection (b):
3    The "2010 base weight" means the greater of: (i) twice the
4total weight of all CEDs that were recycled or processed for
5reuse between January 1, 2010 and June 30, 2010 as reported to
6the Agency under subsection (i) or (j) of Section 30; or (ii)
7twice the total weight of all CEDs that were recycled or
8processed for reuse between January 1, 2010 and June 30, 2010
9as reported to the Agency under subsection (c) of Section 55.
10    The "2010 goal attainment percentage" means:
11        (1) 90% if the 2010 base weight is less than 90% of the
12    statewide recycling or reuse goal for program year 2010;
13        (2) 95% if the 2010 base weight is 90% or greater, but
14    does not exceed 95%, of the statewide recycling or reuse
15    goal for program year 2010;
16        (3) 100% if the 2010 base weight is 95% or greater, but
17    does not exceed 105%, of the statewide recycling or reuse
18    goal for program year 2010;
19        (4) 105% if the 2010 base weight is 105% or greater,
20    but does not exceed 110%, of the statewide recycling or
21    reuse goal for program year 2010; and
22        (5) 110% if the 2010 base weight is 110% or greater of
23    the statewide recycling or reuse goal for program year
24    2010.
25    (c) For program year 2012 and for each of the following
26categories of electronic devices, each manufacturer shall

 

 

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1recycle or reuse at least 40% of the total weight of the
2electronic devices that the manufacturer sold in that category
3in Illinois during the calendar year beginning January 1, 2010:
4computers, monitors, televisions, printers, electronic
5keyboards, facsimile machines, video cassette recorders,
6portable digital music players, digital video disc players,
7video game consoles, electronic mice, scanners, digital
8converter boxes, cable receivers, satellite receivers, digital
9video disc recorders, and small-scale servers. To determine the
10manufacturer's annual recycling or reuse goal, the
11manufacturer shall use its own Illinois sales data or its own
12national sales data proportioned to Illinois' share of the U.S.
13population, based on the U.S. Census population estimate for
142009.
15    (c-5) For program year 2013 and program year 2014 and
16thereafter and for each of the following categories of
17electronic devices, each manufacturer shall recycle or reuse at
18least 50% of the total weight of the electronic devices that
19the manufacturer sold in that category in Illinois during the
20calendar year 2 years before the applicable program year:
21computers, monitors, televisions, printers, electronic
22keyboards, facsimile machines, video cassette recorders,
23portable digital music players, digital video disc players,
24video game consoles, electronic mice, scanners, digital
25converter boxes, cable receivers, satellite receivers, digital
26video disc recorders, and small-scale servers.

 

 

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1    To determine the manufacturer's annual recycling or reuse
2goal, the manufacturer shall use its own Illinois sales data or
3its own national sales data proportioned to Illinois' share of
4the U.S. population, based on the most recent U.S. Census data.
5    (c-6) For program year 2015, the total annual recycling
6goal for all manufacturers shall be as follows:
7        (1) 30,800,000 pounds for manufacturers of televisions
8    and computer monitors; and
9        (2) 15,800,000 pounds for manufacturers of all other
10    covered electronic devices.
11    For program year 2016 and program year 2017, the total
12annual recycling goal for all manufacturers shall be as
13follows:
14        (1) 34,000,000 pounds for manufacturers of televisions
15    and computer monitors; and
16        (2) 15,600,000 pounds for manufacturers of all other
17    covered electronic devices.
18    An individual manufacturer's annual recycling goal for
19televisions, computer monitors, and all other covered
20electronic devices shall be in proportion to the manufacturer's
21market share of those product types sold in Illinois during the
22calendar year 2 years before the applicable program year.
23    For program year 2018 and thereafter, and for each of the
24following categories of electronic devices, each manufacturer
25shall recycle or reuse at least 50% of the total weight of the
26electronic devices that the manufacturer sold in that category

 

 

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1in Illinois during the calendar year 2 years before the
2applicable program year: computers, monitors, televisions,
3printers, electronic keyboards, facsimile machines, video
4cassette recorders, portable digital music players, digital
5video disc players, video game consoles, electronic mice,
6scanners, digital converter boxes, cable receivers, satellite
7receivers, digital video disc recorders, and small-scale
8servers.
9    To determine the manufacturer's annual recycling or reuse
10goal for program year 2018 and thereafter, the manufacturer
11shall use its own Illinois sales data or its own national sales
12data proportioned to Illinois' share of the U.S. population,
13based on the most recent U.S. census data.
14    (d) In order to further the policy of the State of Illinois
15to reduce the environmental and economic impacts of
16transporting and managing cathode-ray tube (CRT) glass, and to
17support (i) the beneficial use of CRTs in accordance with
18beneficial use determinations issued by the Agency under
19Section 22.54 of the Environmental Protection Act and (ii) the
20storage of CRTs in retrievable storage cells at locations
21within the State for future recovery, the total weight of a CRT
22device, prior to processing, may be applied toward the
23manufacturer's annual recycling or reuse goal, provided that:
24        (1) all recyclable components are removed from the
25    device; and
26        (2) the glass from the device is either:

 

 

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1            (A) beneficially reused in accordance with a
2        beneficial use determination issued under Section
3        22.54 of the Environmental Protection Act; or
4            (B) placed in a storage cell, in a manner that
5        allows it to be retrieved in the future, at a waste
6        disposal site that is permitted to accept the glass.
7(Source: P.A. 97-287, eff. 8-10-11.)
 
8    (415 ILCS 150/20)
9    Sec. 20. Agency responsibilities.
10    (a) The Agency has the authority to monitor compliance with
11this Act, enforce violations of the Act by administrative
12citation, and refer violations of this Act to the Attorney
13General.
14    (b) No later than October 1 of each program year, the
15Agency shall post on its website a list of underserved counties
16in the State for the next program year. The list of underserved
17counties for program years 2010 and 2011 is set forth in
18subsection (a) of Section 60.
19    (c) From July 1, 2009 until December 31, 2015, the Agency
20shall implement a county and municipal government education
21campaign to inform those entities about this Act and the
22implications on solid waste collection in their localities.
23    (c-5) No later than February 1, 2012 and every February 1
24thereafter, the Agency shall use a portion of the manufacturer,
25recycler, and refurbisher registration fees to provide a $2,000

 

 

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1grant to the recycling coordinator in each county of the State
2in order to inform residents in each county about this Act and
3opportunities to recycle CEDs and EEDs. The recycling
4coordinator shall expend the $2,000 grant before December 31 of
5the program year in which the grant is received. The recycling
6coordinator shall maintain records that document the use of the
7grant funds.
8    (c-10) By June 15, 2012 and by December 15, 2012, and by
9every June 15 and December 15 thereafter through December 15,
102015, the Agency shall meet with associations that represent
11Illinois retail merchants twice each year to discuss compliance
12with Section 40.
13    (c-15) By December 15, 2012 and each December 15
14thereafter, the Agency shall post on its website: (i) the
15mailing address of each collection site at which collectors
16collected CEDs and EEDs during the program year and (ii) the
17amount in pounds of total CEDs and total EEDs collected at the
18collection site during the program year.
19    (d) By July 1, 2011 for the first program year, and by May
2015 for all subsequent program years, except for program years
212015, 2016, and 2017, the Agency shall report to the Governor
22and to the General Assembly annually on the previous program
23year's performance. The report must be posted on the Agency's
24website. The report must include, but not be limited to, the
25following:
26        (1) the total overall weight of CEDs, as well as the

 

 

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1    sub-total weight of computers, the sub-total weight of
2    computer monitors, the sub-total weight of printers, the
3    sub-total weight of televisions, and the total weight of
4    EEDs that were recycled or processed for reuse in the State
5    during the program year, as reported by manufacturers and
6    collectors under Sections 30 and 55;
7        (2) a listing of all collection sites, as set forth
8    under subsection (a) of Section 55, and the addresses of
9    those sites;
10        (3) a statement showing, for the preceding program
11    year, (i) the total weight of CEDs and EEDs collected,
12    recycled, and processed for reuse by the manufacturers
13    pursuant to Section 30, (ii) the total weight of CEDs
14    processed for reuse by the manufacturers, and (iii) the
15    total weight of CEDs collected by the collectors;
16        (4) a listing of all entities or persons to whom the
17    Agency issued an administrative citation or with respect to
18    which the Agency made a referral for enforcement to the
19    Attorney General's Office as a result of a violation of
20    this Act;
21        (5) a discussion of the Agency's education and outreach
22    activities as set forth in subsection (c) of this Section;
23    and
24        (6) a discussion of the penalties, if any, incurred by
25    manufacturers for failure to achieve recycling goals, and a
26    recommendation to the General Assembly of any necessary or

 

 

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1    appropriate changes to the manufacturers' recycling goals
2    or penalty provisions included in this Act.
3    For program years 2015, 2016, and 2017, the Agency shall
4make available on its website the information described in
5paragraphs (1) through (6) in whatever format it deems
6appropriate.
7    (e) The Agency shall post on its website: (1) a list of
8manufacturers that have paid the current year's registration
9fee as set forth in subsection (b) of Section 30; (2) a list of
10manufacturers that failed to pay the current year's
11registration fee as set forth in subsection (b) of Section 30;
12and (3) a list of registered collectors, the addresses of their
13collection sites, their business telephone numbers, and a link
14to their websites.
15    (f) In program years 2012, 2013, and 2014, and at its
16discretion thereafter, the Agency shall convene and host an
17Electronic Products Recycling Conference. The Agency may host
18the conferences alone or with other public entities or with
19organizations associated with electronic products recycling.
20    (g) No later than October 1 of each program year, the
21Agency must post on its website the following information for
22the next program year: (i) the individual recycling and reuse
23goals for each manufacturer, as set forth in subsections (c)
24and (c-5) of Section 15, as applicable, and (ii) the total
25statewide recycling goal, determined by adding each individual
26manufacturer's annual goal.

 

 

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1    (h) By April 1, 2011, and by April 1 of all subsequent
2years, the Agency shall award those manufacturers that have met
3or exceeded their recycling or reuse goals for the previous
4program year with an Electronic Industry Recycling Award. The
5award shall acknowledge that the manufacturer has met or
6exceeded its recycling goals and shall be posted on the Agency
7website and in other media as appropriate.
8    (i) By March 1, 2011, and by March 1 of each subsequent
9year, the Agency shall post on its website a list of registered
10manufacturers that have not met their annual recycling and
11reuse goal for the previous program year.
12    (j) By July 1, 2015, the Agency shall solicit written
13comments regarding all aspects of the program codified in this
14Act, for the purpose of determining if the program requires any
15modifications.
16        (1) Issues to be reviewed by the Agency are, but not
17    limited to, the following:
18            (A) Sufficiency of the annual statewide recycling
19        goals.
20            (B) Fairness of the formulas used to determine
21        individual manufacturer goals.
22            (C) Adequacy of, or the need for, continuation of
23        the credits outlined in Section 30(d)(1) through (3).
24            (D) Any temporary rescissions of county landfill
25        bans granted by the Illinois Pollution Control Board
26        pursuant to Section 95(e).

 

 

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1            (E) Adequacy of, or the need for, the penalties
2        listed in Section 80 of this Act, which are scheduled
3        to take effect on January 1, 2013.
4            (F) Adequacy of the collection systems that have
5        been implemented as a result of this Act, with a
6        particular focus on promoting the most cost-effective
7        and convenient collection system possible for Illinois
8        residents.
9        (2) By July 1, 2015, the Agency shall complete its
10    review of the written comments received, as well as its own
11    reports on the preceding program years. By August 1, 2015,
12    the Agency shall hold a public hearing to present its
13    findings and solicit additional comments. All additional
14    comments shall be submitted to the Agency in writing no
15    later than October 1, 2015.
16        (3) The Agency's final report, which shall be issued no
17    later than February 1, 2016, shall be submitted to the
18    Governor and the General Assembly and shall include
19    specific recommendations for any necessary or appropriate
20    modifications to the program.
21    (k) Any violation of this Act shall be enforceable by
22administrative citation. Whenever the Agency personnel or
23county personnel to whom the Agency has delegated the authority
24to monitor compliance with this Act shall, on the basis of
25direct observation, determine that any person has violated any
26provision of this Act, the Agency or county personnel may issue

 

 

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1and serve, within 60 days after the observed violation, an
2administrative citation upon that person or the entity
3employing that person. Each citation shall be served upon the
4person named or the person's authorized agent for service of
5process and shall include the following:
6        (1) a statement specifying the provisions of this Act
7    that the person or the entity employing the person has
8    violated;
9        (2) a copy of the inspection report in which the Agency
10    or local government recorded the violation and the date and
11    time of the inspection;
12        (3) the penalty imposed under Section 80; and
13        (4) an affidavit by the personnel observing the
14    violation, attesting to their material actions and
15    observations.
16    (l) If the person named in the administrative citation
17fails to petition the Illinois Pollution Control Board for
18review within 35 days after the date of service, the Board
19shall adopt a final order, which shall include the
20administrative citation and findings of violation as alleged in
21the citation and shall impose the penalty specified in Section
2280.
23    (m) If a petition for review is filed with the Board to
24contest an administrative citation issued under this Section,
25the Agency or unit of local government shall appear as a
26complainant at a hearing before the Board to be conducted

 

 

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1pursuant to subsection (n) of this Section at a time not less
2than 21 days after notice of the hearing has been sent by the
3Board to the Agency or unit of local government and the person
4named in the citation. In those hearings, the burden of proof
5shall be on the Agency or unit of local government. If, based
6on the record, the Board finds that the alleged violation
7occurred, it shall adopt a final order, which shall include the
8administrative citation and findings of violation as alleged in
9the citation, and shall impose the penalty specified in Section
1080 of this Act. However, if the Board finds that the person
11appealing the citation has shown that the violation resulted
12from uncontrollable circumstances, the Board shall adopt a
13final order that makes no finding of violation and imposes no
14penalty.
15    (n) All hearings under this Act shall be held before a
16qualified hearing officer, who may be attended by one or more
17members of the Board, designated by the Chairman. All of these
18hearings shall be open to the public, and any person may submit
19written statements to the Board in connection with the subject
20of these hearings. In addition, the Board may permit any person
21to offer oral testimony. Any party to a hearing under this
22subsection may be represented by counsel, make oral or written
23argument, offer testimony, cross-examine witnesses, or take
24any combination of those actions. All testimony taken before
25the Board shall be recorded stenographically. The transcript so
26recorded and any additional matter accepted for the record

 

 

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1shall be open to public inspection, and copies of those
2materials shall be made available to any person upon payment of
3the actual cost of reproducing the original.
4    (o) Counties that have entered into a delegation agreement
5with the Agency pursuant to subsection (r) of Section 4 of the
6Illinois Environmental Protection Act for the purpose of
7conducting inspection, investigation, or enforcement-related
8functions may conduct inspections for noncompliance with this
9Act.
10(Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.)
 
11    (415 ILCS 150/50)
12    Sec. 50. Recycler and refurbisher registration.
13    (a) Prior to January 1 of each program year, each recycler
14and refurbisher must register with the Agency and submit a
15registration fee pursuant to subsection (b) for that program
16year. Registration must be on forms and in a format prescribed
17by the Agency and shall include, but not be limited to, the
18address of each location where the recycler or refurbisher
19manages CEDs or EEDs and identification of each location at
20which the recycler or refurbisher accepts CEDs or EEDs from a
21residence.
22    (b) The registration fee for program year 2010 is $2,000.
23For program year 2011, if a recycler's or refurbisher's annual
24combined total weight of CEDs and EEDs is less than 1,000 tons
25per year, the registration fee shall be $500. For program year

 

 

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12012 and for all subsequent program years, both registration
2fees shall be increased each year by an inflation factor
3determined by the annual Implicit Price Deflator for Gross
4National Product as published by the U.S. Department of
5Commerce in its Survey of Current Business. The inflation
6factor must be calculated each year by dividing the latest
7published annual Implicit Price Deflator for Gross National
8Product by the annual Implicit Price Deflator for Gross
9National Product for the previous year. The inflation factor
10must be rounded to the nearest 1/100th, and the resulting
11registration fee must be rounded to the nearest whole dollar.
12No later than October 1 of each program year, the Agency shall
13post on its website the registration fee for the next program
14year.
15    (c) No person may act as a recycler or a refurbisher of
16CEDs for a manufacturer obligated to meet goals under this Act
17unless the recycler or refurbisher is registered with the
18Agency and has paid the registration fee as required under this
19Section. Beginning in program year 2016, all recycling or
20refurbishing facilities used by collectors of CEDs and EEDs
21shall be accredited by the Responsible Recycling (R2) Practices
22or e-Stewards certification programs or any other equivalent
23certification programs recognized by the United States
24Environmental Protection Agency. Manufacturers of CEDs and
25EEDs shall ensure that recycling or refurbishing facilities
26used as part of their recovery programs meet this requirement.

 

 

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1No person may act as a recycler or a refurbisher of CEDs for a
2manufacturer obligated to meet goals under this Act unless the
3recycler or refurbisher is registered and has paid the
4registration fee as required under this Section.
5    (c-5) A Neither a registered recycler or nor a refurbisher
6of CEDs and EEDs for a manufacturer obligated to meet goals
7under this Act may not charge individual consumers or units of
8local government acting as collectors a fee to recycle or
9refurbish CEDs and EEDs, unless the recycler or refurbisher
10provides (i) a financial incentive, such as a coupon, that is
11of greater or equal value to the fee being charged or (ii)
12premium service, such as curbside collection, home pick-up, or
13a similar methods method of collection. Local units of
14government serving as collectors of CEDs and EEDs shall not
15charge a manufacturer for collection costs and shall offer the
16manufacturer or its representative all CEDs and EEDs collected
17by the local government at no cost. Nothing in this Act
18requires a local unit of government to serve as a collector.
19    (c-10) Nothing in this Act prohibits any waste hauler from
20entering into a contractual agreement with a unit of local
21government to establish a collection program for the recycling
22or reuse of CEDs or EEDs, including services such as curbside
23collection, home pick-up, drop-off locations, or similar
24methods of collection.
25    (d) Recyclers and refurbishers must, at a minimum, comply
26with all of the following:

 

 

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1        (1) Recyclers and refurbishers must comply with
2    federal, State, and local laws and regulations, including
3    federal and State minimum wage laws, specifically relevant
4    to the handling, processing, refurbishing and recycling of
5    residential CEDs and must have proper authorization by all
6    appropriate governing authorities to perform the handling,
7    processing, refurbishment, and recycling.
8        (2) Recyclers and refurbishers must implement the
9    appropriate measures to safeguard occupational and
10    environmental health and safety, through the following:
11            (A) environmental health and safety training of
12        personnel, including training with regard to material
13        and equipment handling, worker exposure, controlling
14        releases, and safety and emergency procedures;
15            (B) an up-to-date, written plan for the
16        identification and management of hazardous materials;
17        and
18            (C) an up-to-date, written plan for reporting and
19        responding to exceptional pollutant releases,
20        including emergencies such as accidents, spills,
21        fires, and explosions.
22        (3) Recyclers and refurbishers must maintain (i)
23    commercial general liability insurance or the equivalent
24    corporate guarantee for accidents and other emergencies
25    with limits of not less than $1,000,000 per occurrence and
26    $1,000,000 aggregate and (ii) pollution legal liability

 

 

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1    insurance with limits not less than $1,000,000 per
2    occurrence for companies engaged solely in the dismantling
3    activities and $5,000,000 per occurrence for companies
4    engaged in recycling.
5        (4) Recyclers and refurbishers must maintain on file
6    documentation that demonstrates the completion of an
7    environmental health and safety audit completed and
8    certified by a competent internal and external auditor
9    annually. A competent auditor is an individual who, through
10    professional training or work experience, is appropriately
11    qualified to evaluate the environmental health and safety
12    conditions, practices, and procedures of the facility.
13    Documentation of auditors' qualifications must be
14    available for inspection by Agency officials and
15    third-party auditors.
16        (5) Recyclers and refurbishers must maintain on file
17    proof of workers' compensation and employers' liability
18    insurance.
19        (6) Recyclers and refurbishers must provide adequate
20    assurance (such as bonds or corporate guarantee) to cover
21    environmental and other costs of the closure of the
22    recycler or refurbisher's facility, including cleanup of
23    stockpiled equipment and materials.
24        (7) Recyclers and refurbishers must apply due
25    diligence principles to the selection of facilities to
26    which components and materials (such as plastics, metals,

 

 

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1    and circuit boards) from CEDs and EEDs are sent for reuse
2    and recycling.
3        (8) Recyclers and refurbishers must establish a
4    documented environmental management system that is
5    appropriate in level of detail and documentation to the
6    scale and function of the facility, including documented
7    regular self-audits or inspections of the recycler or
8    refurbisher's environmental compliance at the facility.
9        (9) Recyclers and refurbishers must use the
10    appropriate equipment for the proper processing of
11    incoming materials as well as controlling environmental
12    releases to the environment. The dismantling operations
13    and storage of CED and EED components that contain
14    hazardous substances must be conducted indoors and over
15    impervious floors. Storage areas must be adequate to hold
16    all processed and unprocessed inventory. When heat is used
17    to soften solder and when CED and EED components are
18    shredded, operations must be designed to control indoor and
19    outdoor hazardous air emissions.
20        (10) Recyclers and refurbishers must establish a
21    system for identifying and properly managing components
22    (such as circuit boards, batteries, CRTs, and mercury
23    phosphor lamps) that are removed from CEDs and EEDs during
24    disassembly. Recyclers and refurbishers must properly
25    manage all hazardous and other components requiring
26    special handling from CEDs and EEDs consistent with

 

 

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1    federal, State, and local laws and regulations. Recyclers
2    and refurbishers must provide visible tracking (such as
3    hazardous waste manifests or bills of lading) of hazardous
4    components and materials from the facility to the
5    destination facilities and documentation (such as
6    contracts) stating how the destination facility processes
7    the materials received. No recycler or refurbisher may
8    send, either directly or through intermediaries, hazardous
9    wastes to solid waste (non-hazardous waste) landfills or to
10    non-hazardous waste incinerators for disposal or energy
11    recovery. For the purpose of these guidelines, smelting of
12    hazardous wastes to recover metals for reuse in conformance
13    with all applicable laws and regulations is not considered
14    disposal or energy recovery.
15        (11) Recyclers and refurbishers must use a regularly
16    implemented and documented monitoring and record-keeping
17    program that tracks inbound CED and EED material weights
18    (total) and subsequent outbound weights (total to each
19    destination), injury and illness rates, and compliance
20    with applicable permit parameters including monitoring of
21    effluents and emissions. Recyclers and refurbishers must
22    maintain contracts or other documents, such as sales
23    receipts, suitable to demonstrate: (i) the reasonable
24    expectation that there is a downstream market or uses for
25    designated electronics (which may include recycling or
26    reclamation processes such as smelting to recover metals

 

 

09900HB1455ham002- 21 -LRB099 05771 EFG 34401 a

1    for reuse); and (ii) that any residuals from recycling or
2    reclamation processes, or both, are properly handled and
3    managed to maximize reuse and recycling of materials to the
4    extent practical.
5        (12) Recyclers and refurbishers must comply with
6    federal and international law and agreements regarding the
7    export of used products or materials. In the case of
8    exports of CEDs and EEDs, recyclers and refurbishers must
9    comply with applicable requirements of the U.S. and of the
10    import and transit countries and must maintain proper
11    business records documenting its compliance. No recycler
12    or refurbisher may establish or use intermediaries for the
13    purpose of circumventing these U.S. import and transit
14    country requirements.
15        (13) Recyclers and refurbishers that conduct
16    transactions involving the transboundary shipment of used
17    CEDs and EEDs shall use contracts (or the equivalent
18    commercial arrangements) made in advance that detail the
19    quantity and nature of the materials to be shipped. For the
20    export of materials to a foreign country (directly or
21    indirectly through downstream market contractors): (i) the
22    shipment of intact televisions and computer monitors
23    destined for reuse must include only whole products that
24    are tested and certified as being in working order or
25    requiring only minor repair (e.g. not requiring the
26    replacement of circuit boards or CRTs), must be destined

 

 

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1    for reuse with respect to the original purpose, and the
2    recipient must have verified a market for the sale or
3    donation of such product for reuse; (ii) the shipments of
4    CEDs and EEDs for material recovery must be prepared in a
5    manner for recycling, including, without limitation,
6    smelting where metals will be recovered, plastics recovery
7    and glass-to-glass recycling; or (iii) the shipment of CEDs
8    and EEDs are being exported to companies or facilities that
9    are owned or controlled by the original equipment
10    manufacturer.
11        (14) Recyclers and refurbishers must maintain the
12    following export records for each shipment on file for a
13    minimum of 3 years: (i) the facility name and the address
14    to which shipment is exported; (ii) the shipment contents
15    and volumes; (iii) the intended use of contents by the
16    destination facility; (iv) any specification required by
17    the destination facility in relation to shipment contents;
18    (v) an assurance that all shipments for export, as
19    applicable to the CED manufacturer, are legal and satisfy
20    all applicable laws of the destination country.
21        (15) Recyclers and refurbishers must employ
22    industry-accepted procedures for the destruction or
23    sanitization of data on hard drives and other data storage
24    devices. Acceptable guidelines for the destruction or
25    sanitization of data are contained in the National
26    Institute of Standards and Technology's Guidelines for

 

 

09900HB1455ham002- 23 -LRB099 05771 EFG 34401 a

1    Media Sanitation or those guidelines certified by the
2    National Association for Information Destruction;
3        (16) No recycler or refurbisher may employ prison labor
4    in any operation related to the collection,
5    transportation, recycling, and refurbishment of CEDs and
6    EEDs. No recycler or refurbisher may employ any third party
7    that uses or subcontracts for the use of prison labor.
8(Source: P.A. 96-1154, eff. 7-21-10; 97-287, eff. 8-10-11.)
 
9    (415 ILCS 150/55)
10    Sec. 55. Collector responsibilities.
11    (a) No later than January 1 of each program year,
12collectors that collect or receive CEDs or EEDs for one or more
13manufacturers, recyclers, or refurbishers shall register with
14the Agency. Registration must be in the form and manner
15required by the Agency and must include, without limitation,
16the address of each location where CEDs or EEDs are received
17and the identification of each location at which the collector
18accepts CEDs or EEDs from a residence. Beginning January 1,
192016, collectors shall work only with certified recyclers and
20refurbishers as provided in subsection (c) of Section 50 of
21this Act.
22    (b) Manufacturers, recyclers, refurbishers also acting as
23collectors shall so indicate on their registration under
24Section 30 or 50 and not register separately as collectors.
25    (c) No later than August 15, 2010, collectors must submit

 

 

09900HB1455ham002- 24 -LRB099 05771 EFG 34401 a

1to the Agency, on forms and in a format prescribed by the
2Agency, a report for the period from January 1, 2010 through
3June 30, 2010 that contains the following information: the
4total weight of computers, the total weight of computer
5monitors, the total weight of printers, the total weight of
6televisions, and the total weight of EEDs collected or received
7for each manufacturer.
8    (d) By January 31 of each program year, collectors must
9submit to the Agency, on forms and in a format prescribed by
10the Agency, a report that contains the following information
11for the previous program year:
12        (1) The total weight of computers, the total weight of
13    computer monitors, the total weight of printers, facsimile
14    machines, and scanners, the total weight of televisions,
15    the total weight of the remaining CEDs collected, and the
16    total weight of EEDs collected or received for each
17    manufacturer during the previous program year.
18        (2) A list of each recycler and refurbisher that
19    received CEDs and EEDs from the collector and the total
20    weight each recycler and refurbisher received.
21        (3) The address of each collector's facility where the
22    CEDs and EEDs were collected or received. Each facility
23    address must include the county in which the facility is
24    located.
25    (e) Collectors may accept no more than 10 CEDs or EEDs at
26one time from individual members of the public and, when

 

 

09900HB1455ham002- 25 -LRB099 05771 EFG 34401 a

1scheduling collection events, shall provide no fewer than 30
2days' notice to the county waste agency of those events.
3    (f) No collector of CEDs and EEDs may recycle, or refurbish
4for reuse or resale, CEDs or EEDs to a third party unless the
5collector registers as a recycler or refurbisher pursuant to
6Section 50 and pays the registration fee pursuant to Section
750.
8(Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.)
 
9    (415 ILCS 150/80)
10    Sec. 80. Penalties.
11    (a) Except as otherwise provided in this Act, any person
12who violates any provision of this Act or fails to perform any
13duty under this Act is liable for a civil penalty of $7,000 for
14the violation and an additional civil penalty not to exceed
15$1,000 for each day the violation continues.
16    (b) A manufacturer that is not registered with the Agency
17as required under this Act, or that has not paid the
18registration fee as required under this Act, is liable for a
19civil penalty not to exceed $10,000 for the violation and an
20additional civil penalty not to exceed $10,000 for each day the
21violation continues.
22    (c) A manufacturer in violation of subsection (d) of
23Section 30 of this Act in program year 2012 or thereafter is
24liable for a civil penalty equal to the following:
25        (1) In program year 2012, if the total weight of CEDs

 

 

09900HB1455ham002- 26 -LRB099 05771 EFG 34401 a

1    and EEDs recycled or processed for reuse by the
2    manufacturer is less than 50% of the manufacturer's
3    individual recycling or reuse goal set forth in subsection
4    (c) of Section 15 of this Act, the manufacturer shall pay a
5    penalty equal to the product of: (i) $0.70 per pound;
6    multiplied by (ii) the difference between the
7    manufacturer's individual recycling or reuse goal and the
8    total weight of CEDs and EEDs recycled or processed for
9    reuse by the manufacturer during the program year.
10        (2) In program year 2013, if the total weight of CEDs
11    and EEDs recycled or processed for reuse by the
12    manufacturer is less than 60% of the manufacturer's
13    individual recycling or reuse goal set forth in subsection
14    (c-5) of Section 15 of this Act, the manufacturer shall pay
15    a penalty equal to the product of: (i) $0.70 per pound;
16    multiplied by (ii) the difference between the
17    manufacturer's individual recycling or reuse goal and the
18    total weight of CEDs and EEDs recycled or processed for
19    reuse by the manufacturer during the program year.
20        (3) In program year 2014, and each year thereafter, if
21    the total weight of CEDs and EEDs recycled or processed for
22    reuse by the manufacturer is less than 70% of the
23    manufacturer's individual recycling or reuse goal set
24    forth in subsection (c-5) of Section 15 of this Act, the
25    manufacturer shall pay a penalty equal to the product of:
26    (i) $0.70 per pound; multiplied by (ii) the difference

 

 

09900HB1455ham002- 27 -LRB099 05771 EFG 34401 a

1    between the manufacturer's individual recycling or reuse
2    goal and the total weight of CEDs and EEDs recycled or
3    processed for reuse by the manufacturer during the program
4    year.
5        (4) In program year 2015, and each year thereafter, if
6    the total weight of CEDs and EEDs recycled or processed for
7    reuse by the manufacturer is less than 100% of the
8    manufacturer's individual recycling or reuse goal set
9    forth in subsection (c-5) and (c-6) of Section 15 of this
10    Act, the manufacturer shall pay a penalty equal to the
11    following:
12            (i) Forty-five cents per pound for a manufacturer
13        if the weight of CEDs and EEDs recycled by or on behalf
14        of the manufacturer is less than 50% of the target
15        recycling weight.
16            (ii) Thirty-five cents per pound for a
17        manufacturer if the weight of CEDs and EEDs recycled by
18        or on behalf of the manufacturer is at least 50% but no
19        more than 90% of the target recycling weight.
20        All weight shall be measured by the difference between
21    the manufacturer's individual recycling or reuse goal and
22    the total weight of CEDs and EEDs recycled or processed for
23    reuse by the manufacturer during the program year.
24    (d) A manufacturer in violation of subsection (e), (h),
25(i), (j), (k), (l), or (m) of Section 30 is liable for a civil
26penalty not to exceed $5,000 for the violation.

 

 

09900HB1455ham002- 28 -LRB099 05771 EFG 34401 a

1    (e) Any person in violation of Section 50 of this Act is
2liable for a civil penalty not to exceed $5,000 for the
3violation.
4    (f) A knowing violation of subsection (a), (b), or (c) of
5Section 95 of this Act by anyone other than a residential
6consumer is a petty offense punishable by a fine of $500. A
7knowing violation of subsection (a), (b), or (c) of Section 95
8of this Act by a residential consumer is a petty offense
9punishable by a fine of $25 for a first violation; however, a
10subsequent violation by a residential consumer is a petty
11offense punishable by a fine of $50.
12    (g) The penalties provided for in this Act may be recovered
13in a civil action brought by the Attorney General in the name
14of the People of the State of Illinois. Any moneys collected
15under this Section in which the Attorney General has prevailed
16may be deposited into the Electronic Recycling Fund,
17established under this Act.
18    (h) The Attorney General, at the request of the Agency or
19on his or her own motion, may institute a civil action for an
20injunction, prohibitory or mandatory, to restrain violations
21of this Act or to require such actions as may be necessary to
22address violations of this Act.
23    (i) The penalties and injunctions provided in this Act are
24in addition to any penalties, injunctions, or other relief
25provided under any other law. Nothing in this Act bars a cause
26of action by the State for any other penalty, injunction, or

 

 

09900HB1455ham002- 29 -LRB099 05771 EFG 34401 a

1relief provided by any other law.
2    (j) A fine imposed by administrative citation pursuant to
3subsection (k) of Section 20 shall be limited to $1,000.
4Administrative citations may be used to enforce violations of
5the landfill ban subject to fines set forth in subsection (f)
6of this Section.
7(Source: P.A. 97-287, eff. 8-10-11.)
 
8    (415 ILCS 150/82 new)
9    Sec. 82. Credits. In program years 2015 and 2016, to
10encourage manufacturers to recycle or reuse more CEDs or EEDs
11than their target weight, a manufacturer shall earn recycling
12credits equal to 25% of weight the manufacturer collects over
13its recycling target for the year. Manufacturers may use
14credits to help meet their recycling target in the following
15program year, or may sell credits to another manufacturer for
16use in the next program year. A manufacturer may not use more
17than 25% of its earned credits to fulfill its target in any
18program year. Manufacturers will report to the Agency by April
191 the amount of credits earned in the previous program year and
20the amount of credits applied, sold or bought during the
21previous program year.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".