Illinois General Assembly - Bill Status for HB5578

Creates the Mercury Switch Removal Act. Provides that mercury switches removed from end-of-life vehicles must be managed in accordance with the Environmental Protection Act and regulations adopted thereunder. Requires vehicle recyclers, vehicle crushers, and scrap metal recyclers that remove mercury switches to maintain certain records and make reports relating to the mercury switches removed. Requires manufacturers of vehicles in Illinois that contain mercury switches to begin a mercury switch collection program, within 60 days of the effective date of this Act, that facilitates the removal of mercury switches from end-of-life vehicles prior to the vehicles being flattened, crushed, shredded, or otherwise processed for recycling. Sets forth that these programs must, to the extent practicable, use the currently available vehicle recycling infrastructure and be designed to achieve a capture rate of not less than (i) 35% for the period of July 1, 2006, through June 30, 2007; (ii) 50% for the period of July 1, 2007, through June 30, 2008; and (iii) 70% for the period of July 1, 2008, through June 30, 2009 and for each subsequent period of July 1 through June 30. Sets forth certain requirements for these collection programs including that each manufacturer adopt an implementation plan for their mercury switch collection program. Provides that if the required capture rates are not met, the Agency shall provide notice to the manufacturers subject to the collection requirements, and that beginning 30 days after the Agency first provides notice, a vehicle recycler that sells, gives, or otherwise conveys an end-of-life vehicle to an on-site or off-site vehicle crusher or a scrap metal recycler must remove all mercury switches from the vehicle prior to its conveyance, and that manufacturers subject to these collection requirements must provide to vehicle recyclers, vehicle crushers, and scrap metal recyclers (i) $2.00 for each mercury switch removed by the vehicle recycler, vehicle crusher, or the scrap metal recycler, (ii) the costs of the containers in which the mercury switches are collected, and (iii) the costs of packaging and transporting the mercury switches off-site. Provides civil penalties for violations of the Act. Authorizes periodic reviews of these programs. Repeals the Act on January 1, 2018. Contains other provisions. Effective immediately.

Provides that for civil penalties for failure to perform any duty imposed by this Act, the manufacturer must "willfully or knowingly" fail to perform these duties. Sets forth that second or subsequent violations shall result in a civil penalty not to exceed $5,000 (instead of $10,000). Provides that the manufacturers' duty to indemnify vehicle recyclers, vehicle crushers, and scrap metal recyclers for liabilities arising from releases from a mercury switch under the Act is subject to that switch being managed in accordance with the Environmental Protection Act and regulations adopted thereunder prior to transfer under the manufacturer's collection program. Changes the Act's repealer date to January 1, 2011 (instead of January 1, 2018).

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