Illinois General Assembly - Full Text of HB1455
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Full Text of HB1455  99th General Assembly

HB1455eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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;
17multiplied by (ii) the 2010 goal attainment percentage.
18    For the purposes of this subsection (b):
19    The "2010 base weight" means the greater of: (i) twice the
20total weight of all CEDs that were recycled or processed for
21reuse between January 1, 2010 and June 30, 2010 as reported to
22the Agency under subsection (i) or (j) of Section 30; or (ii)
23twice the total weight of all CEDs that were recycled or

 

 

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1processed for reuse between January 1, 2010 and June 30, 2010
2as reported to the Agency under subsection (c) of Section 55.
3    The "2010 goal attainment percentage" means:
4        (1) 90% if the 2010 base weight is less than 90% of the
5    statewide recycling or reuse goal for program year 2010;
6        (2) 95% if the 2010 base weight is 90% or greater, but
7    does not exceed 95%, of the statewide recycling or reuse
8    goal for program year 2010;
9        (3) 100% if the 2010 base weight is 95% or greater, but
10    does not exceed 105%, of the statewide recycling or reuse
11    goal for program year 2010;
12        (4) 105% if the 2010 base weight is 105% or greater,
13    but does not exceed 110%, of the statewide recycling or
14    reuse goal for program year 2010; and
15        (5) 110% if the 2010 base weight is 110% or greater of
16    the statewide recycling or reuse goal for program year
17    2010.
18    (c) For program year 2012 and for each of the following
19categories of electronic devices, each manufacturer shall
20recycle or reuse at least 40% of the total weight of the
21electronic devices that the manufacturer sold in that category
22in Illinois during the calendar year beginning January 1, 2010:
23computers, monitors, televisions, printers, electronic
24keyboards, facsimile machines, video cassette recorders,
25portable digital music players, digital video disc players,
26video game consoles, electronic mice, scanners, digital

 

 

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1converter boxes, cable receivers, satellite receivers, digital
2video disc recorders, and small-scale servers. To determine the
3manufacturer's annual recycling or reuse goal, the
4manufacturer shall use its own Illinois sales data or its own
5national sales data proportioned to Illinois' share of the U.S.
6population, based on the U.S. Census population estimate for
72009.
8    (c-5) For program year 2013 and program year 2014 and
9thereafter and for each of the following categories of
10electronic devices, each manufacturer shall recycle or reuse at
11least 50% of the total weight of the electronic devices that
12the manufacturer sold in that category in Illinois during the
13calendar year 2 years before the applicable program year:
14computers, monitors, televisions, printers, electronic
15keyboards, facsimile machines, video cassette recorders,
16portable digital music players, digital video disc players,
17video game consoles, electronic mice, scanners, digital
18converter boxes, cable receivers, satellite receivers, digital
19video disc recorders, and small-scale servers.
20    To determine the manufacturer's annual recycling or reuse
21goal, the manufacturer shall use its own Illinois sales data or
22its own national sales data proportioned to Illinois' share of
23the U.S. population, based on the most recent U.S. Census data.
24    (c-6) For program year 2015, the total annual recycling
25goal for all manufacturers shall be as follows:
26        (1) 30,800,000 pounds for manufacturers of televisions

 

 

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1    and computer monitors; and
2        (2) 15,800,000 pounds for manufacturers of all other
3    covered electronic devices.
4    For program year 2016 and program year 2017, the total
5annual recycling goal for all manufacturers shall be as
6follows:
7        (1) 34,000,000 pounds for manufacturers of televisions
8    and computer monitors; and
9        (2) 15,600,000 pounds for manufacturers of all other
10    covered electronic devices.
11    An individual manufacturer's annual recycling goal for
12televisions, computer monitors, and all other covered
13electronic devices shall be in proportion to the manufacturer's
14market share of those product types sold in Illinois during the
15calendar year 2 years before the applicable program year.
16    For program year 2018 and thereafter, and for each of the
17following categories of electronic devices, each manufacturer
18shall recycle or reuse at least 50% of the total weight of the
19electronic devices that the manufacturer sold in that category
20in Illinois during the calendar year 2 years before the
21applicable program year: computers, monitors, televisions,
22printers, electronic keyboards, facsimile machines, video
23cassette recorders, portable digital music players, digital
24video disc players, video game consoles, electronic mice,
25scanners, digital converter boxes, cable receivers, satellite
26receivers, digital video disc recorders, and small-scale

 

 

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1servers.
2    To determine the manufacturer's annual recycling or reuse
3goal for program year 2018 and thereafter, the manufacturer
4shall use its own Illinois sales data or its own national sales
5data proportioned to Illinois' share of the U.S. population,
6based on the most recent U.S. census data.
7    (d) In order to further the policy of the State of Illinois
8to reduce the environmental and economic impacts of
9transporting and managing cathode-ray tube (CRT) glass, and to
10support (i) the beneficial use of CRTs in accordance with
11beneficial use determinations issued by the Agency under
12Section 22.54 of the Environmental Protection Act and (ii) the
13storage of CRTs in retrievable storage cells at locations
14within the State for future recovery, the total weight of a CRT
15device, prior to processing, may be applied toward the
16manufacturer's annual recycling or reuse goal, provided that:
17        (1) all recyclable components are removed from the
18    device; and
19        (2) the glass from the device is either:
20            (A) beneficially reused in accordance with a
21        beneficial use determination issued under Section
22        22.54 of the Environmental Protection Act; or
23            (B) placed in a storage cell, in a manner that
24        allows it to be retrieved in the future, at a waste
25        disposal site that is permitted to accept the glass.
26(Source: P.A. 97-287, eff. 8-10-11.)
 

 

 

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1    (415 ILCS 150/20)
2    Sec. 20. Agency responsibilities.
3    (a) The Agency has the authority to monitor compliance with
4this Act, enforce violations of the Act by administrative
5citation, and refer violations of this Act to the Attorney
6General.
7    (b) No later than October 1 of each program year, the
8Agency shall post on its website a list of underserved counties
9in the State for the next program year. The list of underserved
10counties for program years 2010 and 2011 is set forth in
11subsection (a) of Section 60.
12    (c) From July 1, 2009 until December 31, 2015, the Agency
13shall implement a county and municipal government education
14campaign to inform those entities about this Act and the
15implications on solid waste collection in their localities.
16    (c-5) No later than February 1, 2012 and every February 1
17thereafter, the Agency shall use a portion of the manufacturer,
18recycler, and refurbisher registration fees to provide a $2,000
19grant to the recycling coordinator in each county of the State
20in order to inform residents in each county about this Act and
21opportunities to recycle CEDs and EEDs. The recycling
22coordinator shall expend the $2,000 grant before December 31 of
23the program year in which the grant is received. The recycling
24coordinator shall maintain records that document the use of the
25grant funds.

 

 

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1    (c-10) By June 15, 2012 and by December 15, 2012, and by
2every June 15 and December 15 thereafter through December 15,
32015, the Agency shall meet with associations that represent
4Illinois retail merchants twice each year to discuss compliance
5with Section 40.
6    (c-15) By December 15, 2012 and each December 15
7thereafter, the Agency shall post on its website: (i) the
8mailing address of each collection site at which collectors
9collected CEDs and EEDs during the program year and (ii) the
10amount in pounds of total CEDs and total EEDs collected at the
11collection site during the program year.
12    (d) By July 1, 2011 for the first program year, and by May
1315 for all subsequent program years, except for program years
142015, 2016, and 2017, the Agency shall report to the Governor
15and to the General Assembly annually on the previous program
16year's performance. The report must be posted on the Agency's
17website. The report must include, but not be limited to, the
18following:
19        (1) the total overall weight of CEDs, as well as the
20    sub-total weight of computers, the sub-total weight of
21    computer monitors, the sub-total weight of printers, the
22    sub-total weight of televisions, and the total weight of
23    EEDs that were recycled or processed for reuse in the State
24    during the program year, as reported by manufacturers and
25    collectors under Sections 30 and 55;
26        (2) a listing of all collection sites, as set forth

 

 

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1    under subsection (a) of Section 55, and the addresses of
2    those sites;
3        (3) a statement showing, for the preceding program
4    year, (i) the total weight of CEDs and EEDs collected,
5    recycled, and processed for reuse by the manufacturers
6    pursuant to Section 30, (ii) the total weight of CEDs
7    processed for reuse by the manufacturers, and (iii) the
8    total weight of CEDs collected by the collectors;
9        (4) a listing of all entities or persons to whom the
10    Agency issued an administrative citation or with respect to
11    which the Agency made a referral for enforcement to the
12    Attorney General's Office as a result of a violation of
13    this Act;
14        (5) a discussion of the Agency's education and outreach
15    activities as set forth in subsection (c) of this Section;
16    and
17        (6) a discussion of the penalties, if any, incurred by
18    manufacturers for failure to achieve recycling goals, and a
19    recommendation to the General Assembly of any necessary or
20    appropriate changes to the manufacturers' recycling goals
21    or penalty provisions included in this Act.
22    For program years 2015, 2016, and 2017, the Agency shall
23make available on its website the information described in
24paragraphs (1) through (6) in whatever format it deems
25appropriate.
26    (e) The Agency shall post on its website: (1) a list of

 

 

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1manufacturers that have paid the current year's registration
2fee as set forth in subsection (b) of Section 30; (2) a list of
3manufacturers that failed to pay the current year's
4registration fee as set forth in subsection (b) of Section 30;
5and (3) a list of registered collectors, the addresses of their
6collection sites, their business telephone numbers, and a link
7to their websites.
8    (f) In program years 2012, 2013, and 2014, and at its
9discretion thereafter, the Agency shall convene and host an
10Electronic Products Recycling Conference. The Agency may host
11the conferences alone or with other public entities or with
12organizations associated with electronic products recycling.
13    (g) No later than October 1 of each program year, the
14Agency must post on its website the following information for
15the next program year: (i) the individual recycling and reuse
16goals for each manufacturer, as set forth in subsections (c)
17and (c-5) of Section 15, as applicable, and (ii) the total
18statewide recycling goal, determined by adding each individual
19manufacturer's annual goal.
20    (h) By April 1, 2011, and by April 1 of all subsequent
21years, the Agency shall award those manufacturers that have met
22or exceeded their recycling or reuse goals for the previous
23program year with an Electronic Industry Recycling Award. The
24award shall acknowledge that the manufacturer has met or
25exceeded its recycling goals and shall be posted on the Agency
26website and in other media as appropriate.

 

 

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1    (i) By March 1, 2011, and by March 1 of each subsequent
2year, the Agency shall post on its website a list of registered
3manufacturers that have not met their annual recycling and
4reuse goal for the previous program year.
5    (j) By July 1, 2015, the Agency shall solicit written
6comments regarding all aspects of the program codified in this
7Act, for the purpose of determining if the program requires any
8modifications.
9        (1) Issues to be reviewed by the Agency are, but not
10    limited to, the following:
11            (A) Sufficiency of the annual statewide recycling
12        goals.
13            (B) Fairness of the formulas used to determine
14        individual manufacturer goals.
15            (C) Adequacy of, or the need for, continuation of
16        the credits outlined in Section 30(d)(1) through (3).
17            (D) Any temporary rescissions of county landfill
18        bans granted by the Illinois Pollution Control Board
19        pursuant to Section 95(e).
20            (E) Adequacy of, or the need for, the penalties
21        listed in Section 80 of this Act, which are scheduled
22        to take effect on January 1, 2013.
23            (F) Adequacy of the collection systems that have
24        been implemented as a result of this Act, with a
25        particular focus on promoting the most cost-effective
26        and convenient collection system possible for Illinois

 

 

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1        residents.
2        (2) By July 1, 2015, the Agency shall complete its
3    review of the written comments received, as well as its own
4    reports on the preceding program years. By August 1, 2015,
5    the Agency shall hold a public hearing to present its
6    findings and solicit additional comments. All additional
7    comments shall be submitted to the Agency in writing no
8    later than October 1, 2015.
9        (3) The Agency's final report, which shall be issued no
10    later than February 1, 2016, shall be submitted to the
11    Governor and the General Assembly and shall include
12    specific recommendations for any necessary or appropriate
13    modifications to the program.
14    (k) Any violation of this Act shall be enforceable by
15administrative citation. Whenever the Agency personnel or
16county personnel to whom the Agency has delegated the authority
17to monitor compliance with this Act shall, on the basis of
18direct observation, determine that any person has violated any
19provision of this Act, the Agency or county personnel may issue
20and serve, within 60 days after the observed violation, an
21administrative citation upon that person or the entity
22employing that person. Each citation shall be served upon the
23person named or the person's authorized agent for service of
24process and shall include the following:
25        (1) a statement specifying the provisions of this Act
26    that the person or the entity employing the person has

 

 

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1    violated;
2        (2) a copy of the inspection report in which the Agency
3    or local government recorded the violation and the date and
4    time of the inspection;
5        (3) the penalty imposed under Section 80; and
6        (4) an affidavit by the personnel observing the
7    violation, attesting to their material actions and
8    observations.
9    (l) If the person named in the administrative citation
10fails to petition the Illinois Pollution Control Board for
11review within 35 days after the date of service, the Board
12shall adopt a final order, which shall include the
13administrative citation and findings of violation as alleged in
14the citation and shall impose the penalty specified in Section
1580.
16    (m) If a petition for review is filed with the Board to
17contest an administrative citation issued under this Section,
18the Agency or unit of local government shall appear as a
19complainant at a hearing before the Board to be conducted
20pursuant to subsection (n) of this Section at a time not less
21than 21 days after notice of the hearing has been sent by the
22Board to the Agency or unit of local government and the person
23named in the citation. In those hearings, the burden of proof
24shall be on the Agency or unit of local government. If, based
25on the record, the Board finds that the alleged violation
26occurred, it shall adopt a final order, which shall include the

 

 

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1administrative citation and findings of violation as alleged in
2the citation, and shall impose the penalty specified in Section
380 of this Act. However, if the Board finds that the person
4appealing the citation has shown that the violation resulted
5from uncontrollable circumstances, the Board shall adopt a
6final order that makes no finding of violation and imposes no
7penalty.
8    (n) All hearings under this Act shall be held before a
9qualified hearing officer, who may be attended by one or more
10members of the Board, designated by the Chairman. All of these
11hearings shall be open to the public, and any person may submit
12written statements to the Board in connection with the subject
13of these hearings. In addition, the Board may permit any person
14to offer oral testimony. Any party to a hearing under this
15subsection may be represented by counsel, make oral or written
16argument, offer testimony, cross-examine witnesses, or take
17any combination of those actions. All testimony taken before
18the Board shall be recorded stenographically. The transcript so
19recorded and any additional matter accepted for the record
20shall be open to public inspection, and copies of those
21materials shall be made available to any person upon payment of
22the actual cost of reproducing the original.
23    (o) Counties that have entered into a delegation agreement
24with the Agency pursuant to subsection (r) of Section 4 of the
25Illinois Environmental Protection Act for the purpose of
26conducting inspection, investigation, or enforcement-related

 

 

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1functions may conduct inspections for noncompliance with this
2Act.
3(Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.)
 
4    (415 ILCS 150/50)
5    Sec. 50. Recycler and refurbisher registration.
6    (a) Prior to January 1 of each program year, each recycler
7and refurbisher must register with the Agency and submit a
8registration fee pursuant to subsection (b) for that program
9year. Registration must be on forms and in a format prescribed
10by the Agency and shall include, but not be limited to, the
11address of each location where the recycler or refurbisher
12manages CEDs or EEDs and identification of each location at
13which the recycler or refurbisher accepts CEDs or EEDs from a
14residence.
15    (b) The registration fee for program year 2010 is $2,000.
16For program year 2011, if a recycler's or refurbisher's annual
17combined total weight of CEDs and EEDs is less than 1,000 tons
18per year, the registration fee shall be $500. For program year
192012 and for all subsequent program years, both registration
20fees shall be increased each year by an inflation factor
21determined by the annual Implicit Price Deflator for Gross
22National Product as published by the U.S. Department of
23Commerce in its Survey of Current Business. The inflation
24factor must be calculated each year by dividing the latest
25published annual Implicit Price Deflator for Gross National

 

 

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1Product by the annual Implicit Price Deflator for Gross
2National Product for the previous year. The inflation factor
3must be rounded to the nearest 1/100th, and the resulting
4registration fee must be rounded to the nearest whole dollar.
5No later than October 1 of each program year, the Agency shall
6post on its website the registration fee for the next program
7year.
8    (c) No person may act as a recycler or a refurbisher of
9CEDs for a manufacturer obligated to meet goals under this Act
10unless the recycler or refurbisher is registered with the
11Agency and has paid the registration fee as required under this
12Section. Beginning in program year 2016, all recycling or
13refurbishing facilities used by collectors of CEDs and EEDs
14shall be accredited by the Responsible Recycling (R2) Practices
15or e-Stewards certification programs or any other equivalent
16certification programs recognized by the United States
17Environmental Protection Agency. Manufacturers of CEDs and
18EEDs shall ensure that recycling or refurbishing facilities
19used as part of their recovery programs meet this requirement.
20No person may act as a recycler or a refurbisher of CEDs for a
21manufacturer obligated to meet goals under this Act unless the
22recycler or refurbisher is registered and has paid the
23registration fee as required under this Section.
24    (c-5) A Neither a registered recycler or nor a refurbisher
25of CEDs and EEDs for a manufacturer obligated to meet goals
26under this Act may not charge individual consumers or units of

 

 

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1local government acting as collectors a fee to recycle or
2refurbish CEDs and EEDs, unless the recycler or refurbisher
3provides (i) a financial incentive, such as a coupon, that is
4of greater or equal value to the fee being charged or (ii)
5premium service, such as curbside collection, home pick-up, or
6a similar methods method of collection. Local units of
7government serving as collectors of CEDs and EEDs shall not
8charge a manufacturer for collection costs and shall offer the
9manufacturer or its representative all CEDs and EEDs collected
10by the local government at no cost. Nothing in this Act
11requires a local unit of government to serve as a collector.
12    (c-10) Nothing in this Act prohibits any waste hauler from
13entering into a contractual agreement with a unit of local
14government to establish a collection program for the recycling
15or reuse of CEDs or EEDs, including services such as curbside
16collection, home pick-up, drop-off locations, or similar
17methods of collection.
18    (d) Recyclers and refurbishers must, at a minimum, comply
19with all of the following:
20        (1) Recyclers and refurbishers must comply with
21    federal, State, and local laws and regulations, including
22    federal and State minimum wage laws, specifically relevant
23    to the handling, processing, refurbishing and recycling of
24    residential CEDs and must have proper authorization by all
25    appropriate governing authorities to perform the handling,
26    processing, refurbishment, and recycling.

 

 

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1        (2) Recyclers and refurbishers must implement the
2    appropriate measures to safeguard occupational and
3    environmental health and safety, through the following:
4            (A) environmental health and safety training of
5        personnel, including training with regard to material
6        and equipment handling, worker exposure, controlling
7        releases, and safety and emergency procedures;
8            (B) an up-to-date, written plan for the
9        identification and management of hazardous materials;
10        and
11            (C) an up-to-date, written plan for reporting and
12        responding to exceptional pollutant releases,
13        including emergencies such as accidents, spills,
14        fires, and explosions.
15        (3) Recyclers and refurbishers must maintain (i)
16    commercial general liability insurance or the equivalent
17    corporate guarantee for accidents and other emergencies
18    with limits of not less than $1,000,000 per occurrence and
19    $1,000,000 aggregate and (ii) pollution legal liability
20    insurance with limits not less than $1,000,000 per
21    occurrence for companies engaged solely in the dismantling
22    activities and $5,000,000 per occurrence for companies
23    engaged in recycling.
24        (4) Recyclers and refurbishers must maintain on file
25    documentation that demonstrates the completion of an
26    environmental health and safety audit completed and

 

 

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1    certified by a competent internal and external auditor
2    annually. A competent auditor is an individual who, through
3    professional training or work experience, is appropriately
4    qualified to evaluate the environmental health and safety
5    conditions, practices, and procedures of the facility.
6    Documentation of auditors' qualifications must be
7    available for inspection by Agency officials and
8    third-party auditors.
9        (5) Recyclers and refurbishers must maintain on file
10    proof of workers' compensation and employers' liability
11    insurance.
12        (6) Recyclers and refurbishers must provide adequate
13    assurance (such as bonds or corporate guarantee) to cover
14    environmental and other costs of the closure of the
15    recycler or refurbisher's facility, including cleanup of
16    stockpiled equipment and materials.
17        (7) Recyclers and refurbishers must apply due
18    diligence principles to the selection of facilities to
19    which components and materials (such as plastics, metals,
20    and circuit boards) from CEDs and EEDs are sent for reuse
21    and recycling.
22        (8) Recyclers and refurbishers must establish a
23    documented environmental management system that is
24    appropriate in level of detail and documentation to the
25    scale and function of the facility, including documented
26    regular self-audits or inspections of the recycler or

 

 

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1    refurbisher's environmental compliance at the facility.
2        (9) Recyclers and refurbishers must use the
3    appropriate equipment for the proper processing of
4    incoming materials as well as controlling environmental
5    releases to the environment. The dismantling operations
6    and storage of CED and EED components that contain
7    hazardous substances must be conducted indoors and over
8    impervious floors. Storage areas must be adequate to hold
9    all processed and unprocessed inventory. When heat is used
10    to soften solder and when CED and EED components are
11    shredded, operations must be designed to control indoor and
12    outdoor hazardous air emissions.
13        (10) Recyclers and refurbishers must establish a
14    system for identifying and properly managing components
15    (such as circuit boards, batteries, CRTs, and mercury
16    phosphor lamps) that are removed from CEDs and EEDs during
17    disassembly. Recyclers and refurbishers must properly
18    manage all hazardous and other components requiring
19    special handling from CEDs and EEDs consistent with
20    federal, State, and local laws and regulations. Recyclers
21    and refurbishers must provide visible tracking (such as
22    hazardous waste manifests or bills of lading) of hazardous
23    components and materials from the facility to the
24    destination facilities and documentation (such as
25    contracts) stating how the destination facility processes
26    the materials received. No recycler or refurbisher may

 

 

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1    send, either directly or through intermediaries, hazardous
2    wastes to solid waste (non-hazardous waste) landfills or to
3    non-hazardous waste incinerators for disposal or energy
4    recovery. For the purpose of these guidelines, smelting of
5    hazardous wastes to recover metals for reuse in conformance
6    with all applicable laws and regulations is not considered
7    disposal or energy recovery.
8        (11) Recyclers and refurbishers must use a regularly
9    implemented and documented monitoring and record-keeping
10    program that tracks inbound CED and EED material weights
11    (total) and subsequent outbound weights (total to each
12    destination), injury and illness rates, and compliance
13    with applicable permit parameters including monitoring of
14    effluents and emissions. Recyclers and refurbishers must
15    maintain contracts or other documents, such as sales
16    receipts, suitable to demonstrate: (i) the reasonable
17    expectation that there is a downstream market or uses for
18    designated electronics (which may include recycling or
19    reclamation processes such as smelting to recover metals
20    for reuse); and (ii) that any residuals from recycling or
21    reclamation processes, or both, are properly handled and
22    managed to maximize reuse and recycling of materials to the
23    extent practical.
24        (12) Recyclers and refurbishers must comply with
25    federal and international law and agreements regarding the
26    export of used products or materials. In the case of

 

 

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1    exports of CEDs and EEDs, recyclers and refurbishers must
2    comply with applicable requirements of the U.S. and of the
3    import and transit countries and must maintain proper
4    business records documenting its compliance. No recycler
5    or refurbisher may establish or use intermediaries for the
6    purpose of circumventing these U.S. import and transit
7    country requirements.
8        (13) Recyclers and refurbishers that conduct
9    transactions involving the transboundary shipment of used
10    CEDs and EEDs shall use contracts (or the equivalent
11    commercial arrangements) made in advance that detail the
12    quantity and nature of the materials to be shipped. For the
13    export of materials to a foreign country (directly or
14    indirectly through downstream market contractors): (i) the
15    shipment of intact televisions and computer monitors
16    destined for reuse must include only whole products that
17    are tested and certified as being in working order or
18    requiring only minor repair (e.g. not requiring the
19    replacement of circuit boards or CRTs), must be destined
20    for reuse with respect to the original purpose, and the
21    recipient must have verified a market for the sale or
22    donation of such product for reuse; (ii) the shipments of
23    CEDs and EEDs for material recovery must be prepared in a
24    manner for recycling, including, without limitation,
25    smelting where metals will be recovered, plastics recovery
26    and glass-to-glass recycling; or (iii) the shipment of CEDs

 

 

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1    and EEDs are being exported to companies or facilities that
2    are owned or controlled by the original equipment
3    manufacturer.
4        (14) Recyclers and refurbishers must maintain the
5    following export records for each shipment on file for a
6    minimum of 3 years: (i) the facility name and the address
7    to which shipment is exported; (ii) the shipment contents
8    and volumes; (iii) the intended use of contents by the
9    destination facility; (iv) any specification required by
10    the destination facility in relation to shipment contents;
11    (v) an assurance that all shipments for export, as
12    applicable to the CED manufacturer, are legal and satisfy
13    all applicable laws of the destination country.
14        (15) Recyclers and refurbishers must employ
15    industry-accepted procedures for the destruction or
16    sanitization of data on hard drives and other data storage
17    devices. Acceptable guidelines for the destruction or
18    sanitization of data are contained in the National
19    Institute of Standards and Technology's Guidelines for
20    Media Sanitation or those guidelines certified by the
21    National Association for Information Destruction;
22        (16) No recycler or refurbisher may employ prison labor
23    in any operation related to the collection,
24    transportation, recycling, and refurbishment of CEDs and
25    EEDs. No recycler or refurbisher may employ any third party
26    that uses or subcontracts for the use of prison labor.

 

 

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1(Source: P.A. 96-1154, eff. 7-21-10; 97-287, eff. 8-10-11.)
 
2    (415 ILCS 150/55)
3    Sec. 55. Collector responsibilities.
4    (a) No later than January 1 of each program year,
5collectors that collect or receive CEDs or EEDs for one or more
6manufacturers, recyclers, or refurbishers shall register with
7the Agency. Registration must be in the form and manner
8required by the Agency and must include, without limitation,
9the address of each location where CEDs or EEDs are received
10and the identification of each location at which the collector
11accepts CEDs or EEDs from a residence. Beginning January 1,
122016, collectors shall work only with certified recyclers and
13refurbishers as provided in subsection (c) of Section 50 of
14this Act.
15    (b) Manufacturers, recyclers, refurbishers also acting as
16collectors shall so indicate on their registration under
17Section 30 or 50 and not register separately as collectors.
18    (c) No later than August 15, 2010, collectors must submit
19to the Agency, on forms and in a format prescribed by the
20Agency, a report for the period from January 1, 2010 through
21June 30, 2010 that contains the following information: the
22total weight of computers, the total weight of computer
23monitors, the total weight of printers, the total weight of
24televisions, and the total weight of EEDs collected or received
25for each manufacturer.

 

 

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1    (d) By January 31 of each program year, collectors must
2submit to the Agency, on forms and in a format prescribed by
3the Agency, a report that contains the following information
4for the previous program year:
5        (1) The total weight of computers, the total weight of
6    computer monitors, the total weight of printers, facsimile
7    machines, and scanners, the total weight of televisions,
8    the total weight of the remaining CEDs collected, and the
9    total weight of EEDs collected or received for each
10    manufacturer during the previous program year.
11        (2) A list of each recycler and refurbisher that
12    received CEDs and EEDs from the collector and the total
13    weight each recycler and refurbisher received.
14        (3) The address of each collector's facility where the
15    CEDs and EEDs were collected or received. Each facility
16    address must include the county in which the facility is
17    located.
18    (e) Collectors may accept no more than 10 CEDs or EEDs at
19one time from individual members of the public and, when
20scheduling collection events, shall provide no fewer than 30
21days' notice to the county waste agency of those events.
22    (f) No collector of CEDs and EEDs may recycle, or refurbish
23for reuse or resale, CEDs or EEDs to a third party unless the
24collector registers as a recycler or refurbisher pursuant to
25Section 50 and pays the registration fee pursuant to Section
2650.

 

 

HB1455 Engrossed- 25 -LRB099 05771 MGM 25815 b

1(Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.)
 
2    (415 ILCS 150/80)
3    Sec. 80. Penalties.
4    (a) Except as otherwise provided in this Act, any person
5who violates any provision of this Act or fails to perform any
6duty under this Act is liable for a civil penalty of $7,000 for
7the violation and an additional civil penalty not to exceed
8$1,000 for each day the violation continues.
9    (b) A manufacturer that is not registered with the Agency
10as required under this Act, or that has not paid the
11registration fee as required under this Act, is liable for a
12civil penalty not to exceed $10,000 for the violation and an
13additional civil penalty not to exceed $10,000 for each day the
14violation continues.
15    (c) A manufacturer in violation of subsection (d) of
16Section 30 of this Act in program year 2012 or thereafter is
17liable for a civil penalty equal to the following:
18        (1) In program year 2012, if the total weight of CEDs
19    and EEDs recycled or processed for reuse by the
20    manufacturer is less than 50% of the manufacturer's
21    individual recycling or reuse goal set forth in subsection
22    (c) of Section 15 of this Act, the manufacturer shall pay a
23    penalty equal to the product of: (i) $0.70 per pound;
24    multiplied by (ii) the difference between the
25    manufacturer's individual recycling or reuse goal and the

 

 

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1    total weight of CEDs and EEDs recycled or processed for
2    reuse by the manufacturer during the program year.
3        (2) In program year 2013, if the total weight of CEDs
4    and EEDs recycled or processed for reuse by the
5    manufacturer is less than 60% of the manufacturer's
6    individual recycling or reuse goal set forth in subsection
7    (c-5) of Section 15 of this Act, the manufacturer shall pay
8    a penalty equal to the product of: (i) $0.70 per pound;
9    multiplied by (ii) the difference between the
10    manufacturer's individual recycling or reuse goal and the
11    total weight of CEDs and EEDs recycled or processed for
12    reuse by the manufacturer during the program year.
13        (3) In program year 2014, and each year thereafter, if
14    the total weight of CEDs and EEDs recycled or processed for
15    reuse by the manufacturer is less than 70% of the
16    manufacturer's individual recycling or reuse goal set
17    forth in subsection (c-5) of Section 15 of this Act, the
18    manufacturer shall pay a penalty equal to the product of:
19    (i) $0.70 per pound; multiplied by (ii) the difference
20    between the manufacturer's individual recycling or reuse
21    goal and the total weight of CEDs and EEDs recycled or
22    processed for reuse by the manufacturer during the program
23    year.
24        (4) In program year 2015, and each year thereafter, if
25    the total weight of CEDs and EEDs recycled or processed for
26    reuse by the manufacturer is less than 100% of the

 

 

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1    manufacturer's individual recycling or reuse goal set
2    forth in subsection (c-5) and (c-6) of Section 15 of this
3    Act, the manufacturer shall pay a penalty equal to the
4    following:
5            (i) Forty-five cents per pound for a manufacturer
6        if the weight of CEDs and EEDs recycled by or on behalf
7        of the manufacturer is less than 50% of the target
8        recycling weight.
9            (ii) Thirty-five cents per pound for a
10        manufacturer if the weight of CEDs and EEDs recycled by
11        or on behalf of the manufacturer is at least 50% but no
12        more than 90% of the target recycling weight.
13        All weight shall be measured by the difference between
14    the manufacturer's individual recycling or reuse goal and
15    the total weight of CEDs and EEDs recycled or processed for
16    reuse by the manufacturer during the program year.
17    (d) A manufacturer in violation of subsection (e), (h),
18(i), (j), (k), (l), or (m) of Section 30 is liable for a civil
19penalty not to exceed $5,000 for the violation.
20    (e) Any person in violation of Section 50 of this Act is
21liable for a civil penalty not to exceed $5,000 for the
22violation.
23    (f) A knowing violation of subsection (a), (b), or (c) of
24Section 95 of this Act by anyone other than a residential
25consumer is a petty offense punishable by a fine of $500. A
26knowing violation of subsection (a), (b), or (c) of Section 95

 

 

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1of this Act by a residential consumer is a petty offense
2punishable by a fine of $25 for a first violation; however, a
3subsequent violation by a residential consumer is a petty
4offense punishable by a fine of $50.
5    (g) The penalties provided for in this Act may be recovered
6in a civil action brought by the Attorney General in the name
7of the People of the State of Illinois. Any moneys collected
8under this Section in which the Attorney General has prevailed
9may be deposited into the Electronic Recycling Fund,
10established under this Act.
11    (h) The Attorney General, at the request of the Agency or
12on his or her own motion, may institute a civil action for an
13injunction, prohibitory or mandatory, to restrain violations
14of this Act or to require such actions as may be necessary to
15address violations of this Act.
16    (i) The penalties and injunctions provided in this Act are
17in addition to any penalties, injunctions, or other relief
18provided under any other law. Nothing in this Act bars a cause
19of action by the State for any other penalty, injunction, or
20relief provided by any other law.
21    (j) A fine imposed by administrative citation pursuant to
22subsection (k) of Section 20 shall be limited to $1,000.
23Administrative citations may be used to enforce violations of
24the landfill ban subject to fines set forth in subsection (f)
25of this Section.
26(Source: P.A. 97-287, eff. 8-10-11.)
 

 

 

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1    (415 ILCS 150/82 new)
2    Sec. 82. Credits. In program years 2015 and 2016, to
3encourage manufacturers to recycle or reuse more CEDs or EEDs
4than their target weight, a manufacturer shall earn recycling
5credits equal to 25% of weight the manufacturer collects over
6its recycling target for the year. Manufacturers may use
7credits to help meet their recycling target in the following
8program year, or may sell credits to another manufacturer for
9use in the next program year. A manufacturer may not use more
10than 25% of its earned credits to fulfill its target in any
11program year. Manufacturers will report to the Agency by April
121 the amount of credits earned in the previous program year and
13the amount of credits applied, sold or bought during the
14previous program year.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.