Full Text of SB1417 100th General Assembly
SB1417enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | ARTICLE 1. CONSUMER ELECTRONICS RECYCLING ACT | 5 | | Section 1-1. Short title. This Act may be cited as the | 6 | | Consumer Electronics Recycling Act. References in this Article | 7 | | to "this Act" mean this Article. | 8 | | Section 1-5. Definitions. As used in this Act: | 9 | | "Agency" means the Illinois Environmental Protection | 10 | | Agency. | 11 | | "Best practices" means standards for collecting and | 12 | | preparing items for shipment and recycling. "Best practices" | 13 | | may include standards for packaging for transport, load size, | 14 | | acceptable load contamination levels, non-CED items included | 15 | | in a load, and other standards as determined under Section 1-85 | 16 | | of this Act. "Best practices" shall consider the desired intent | 17 | | to preserve existing collection programs and relationships | 18 | | when possible. | 19 | | "Collector" means a person who collects residential CEDs at | 20 | | any program collection site or one-day collection event and | 21 | | prepares them for transport. | 22 | | "Computer", often referred to as a "personal computer" or |
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| 1 | | "PC", means a desktop or notebook computer as further defined | 2 | | below and used only in a residence, but does not mean an | 3 | | automated typewriter, electronic printer, mobile telephone, | 4 | | portable hand-held calculator, portable digital assistant | 5 | | (PDA), MP3 player, or other similar device. "Computer" does not | 6 | | include computer peripherals, commonly known as cables, mouse, | 7 | | or keyboard. "Computer" is further defined as either: | 8 | | (1) "Desktop computer", which means an electronic,
| 9 | | magnetic, optical, electrochemical, or other high-speed | 10 | | data processing device performing logical, arithmetic, or | 11 | | storage functions for general purpose needs that are met | 12 | | through interaction with a number of software programs | 13 | | contained therein, and that is not designed to exclusively | 14 | | perform a specific type of logical, arithmetic, or storage | 15 | | function or other limited or specialized application. | 16 | | Human interface with a desktop computer is achieved through | 17 | | a stand-alone keyboard, stand-alone monitor, or other | 18 | | display unit, and a stand-alone mouse or other pointing | 19 | | device, and is designed for a single user. A desktop | 20 | | computer has a main unit that is intended to be | 21 | | persistently located in a single location, often on a desk | 22 | | or on the floor. A desktop computer is not designed for | 23 | | portability and generally utilizes an external monitor, | 24 | | keyboard, and mouse with an external or internal power | 25 | | supply for a power source. Desktop computer does not | 26 | | include an automated typewriter or typesetter; or |
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| 1 | | (2) "Notebook computer", which means an electronic,
| 2 | | magnetic, optical, electrochemical, or other high-speed | 3 | | data processing device performing logical, arithmetic, or | 4 | | storage functions for general purpose needs that are met | 5 | | through interaction with a number of software programs | 6 | | contained therein, and that is not designed to exclusively | 7 | | perform a specific type of logical, arithmetic, or storage | 8 | | function or other limited or specialized application. | 9 | | Human interface with a notebook computer is achieved | 10 | | through a keyboard, video display greater than 4 inches in | 11 | | size, and mouse or other pointing device, all of which are | 12 | | contained within the construction of the unit that | 13 | | comprises the notebook computer; supplemental stand-alone | 14 | | interface devices typically can also be attached to the | 15 | | notebook computer. Notebook computers can use external, | 16 | | internal, or batteries for a power source. Notebook | 17 | | computer does not include a portable hand-held calculator, | 18 | | or a portable digital assistant or similar specialized | 19 | | device. A notebook computer has an incorporated video | 20 | | display greater than 4 inches in size and can be carried as | 21 | | one unit by an individual. A notebook computer is sometimes | 22 | | referred to as a laptop computer. | 23 | | (3) "Tablet computer", which means an electronic,
| 24 | | magnetic, optical, electrochemical, or other high-speed | 25 | | data processing device performing logical, arithmetic, or | 26 | | storage functions for general purpose needs that are met |
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| 1 | | through interaction with a number of software programs | 2 | | contained therein, and that is not designed to exclusively | 3 | | perform a specific type of logical, arithmetic, or storage | 4 | | function or other limited or specialized application. | 5 | | Human interface with a tablet computer is achieved through | 6 | | a touch screen and video display screen greater than 6 | 7 | | inches in size (all of which are contained within the unit | 8 | | that comprises the tablet computer). Tablet computers may | 9 | | use an external or internal power source. "Tablet computer" | 10 | | does not include a portable hand-held calculator, a | 11 | | portable digital assistant, or a similar specialized | 12 | | device. | 13 | | "Computer monitor" means an electronic device that is a | 14 | | cathode-ray tube or flat panel display primarily intended to | 15 | | display information from a computer and is used only in a | 16 | | residence. | 17 | | "County collection site" means a collection site owned or | 18 | | operated by a county or operated by a third party on behalf of | 19 | | a county. | 20 | | "County recycling coordinator" means the individual who is | 21 | | designated as the recycling coordinator for a county in a waste | 22 | | management plan developed pursuant to the Solid Waste Planning | 23 | | and Recycling Act. | 24 | | "Covered electronic device" or "CED" means any computer, | 25 | | computer monitor, television, printer, electronic keyboard, | 26 | | facsimile machine, videocassette recorder, portable digital |
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| 1 | | music player that has memory capability and is battery powered, | 2 | | digital video disc player, video game console, electronic | 3 | | mouse, scanner, digital converter box, cable receiver, | 4 | | satellite receiver, digital video disc recorder, or | 5 | | small-scale server sold at retail and taken out of service from | 6 | | a residence in this State. "Covered electronic device" does not | 7 | | include any of the following: | 8 | | (1) an electronic device that is a part of a motor
| 9 | | vehicle or any component part of a motor vehicle assembled | 10 | | by or for a vehicle manufacturer or franchised dealer, | 11 | | including replacement parts for use in a motor vehicle; | 12 | | (2) an electronic device that is functionally or
| 13 | | physically part of a larger piece of equipment or that is | 14 | | taken out of service from an industrial, commercial | 15 | | (including retail), library checkout, traffic control, | 16 | | kiosk, security (other than household security), | 17 | | governmental, agricultural, or medical setting, including | 18 | | but not limited to diagnostic, monitoring, or control | 19 | | equipment; or | 20 | | (3) an electronic device that is contained within a
| 21 | | clothes washer, clothes dryer, refrigerator, refrigerator | 22 | | and freezer, microwave oven, conventional oven or range, | 23 | | dishwasher, room air conditioner, dehumidifier, water | 24 | | pump, sump pump, or air purifier.
To the extent allowed | 25 | | under federal and State laws and regulations, a CED that is | 26 | | being collected, recycled, or processed for reuse is not |
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| 1 | | considered to be hazardous waste, household waste, solid | 2 | | waste, or special waste.
| 3 | | "Manufacturer" means a person, or a successor in interest | 4 | | to a person, under whose brand or label a CED is or was sold at | 5 | | retail. For any CED sold at retail under a brand or label that | 6 | | is licensed from a person who is a mere brand owner and who | 7 | | does not sell or produce a CED, the person who produced the CED | 8 | | or his or her successor in interest is the manufacturer. For | 9 | | any CED sold at retail under the brand or label of both the | 10 | | retail seller and the person that produced the CED, the person | 11 | | that produced the CED, or his or her successor in interest, is | 12 | | the manufacturer. | 13 | | "Manufacturer clearinghouse" means a group of 2 or more | 14 | | manufacturers, representing at least 50% of the manufacturers' | 15 | | total obligations under this Act for a program year, that are | 16 | | cooperating with one another to collectively establish and | 17 | | operate an e-waste program for the purpose of complying with | 18 | | this Act. | 19 | | "Manufacturer e-waste program" means any program | 20 | | established, financed, and operated by a manufacturer, | 21 | | individually or as part of a manufacturer clearinghouse, to | 22 | | transport and subsequently recycle, in accordance with the | 23 | | requirements of this Act, residential CEDs collected at program | 24 | | collection sites and one-day collection events in accordance | 25 | | with best practices. | 26 | | "Municipal joint action agency" means a municipal joint |
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| 1 | | action agency created under Section 3.2 of the | 2 | | Intergovernmental Cooperation Act. | 3 | | "One-day collection event" means a one-day event used as a | 4 | | substitute for a program collection site pursuant to Section | 5 | | 1-15 of this Act. | 6 | | "Person" means an individual, partnership, co-partnership, | 7 | | firm, company, limited liability company, corporation, | 8 | | association, joint stock company, trust, estate, political | 9 | | subdivision, State agency, or any other legal entity; or a | 10 | | legal representative, agent, or assign of that entity. "Person" | 11 | | includes a unit of local government. | 12 | | "Printer" means desktop printers, multifunction printer | 13 | | copiers, and printer/fax combinations taken out of service from | 14 | | a residence that are designed to reside on a work surface, and | 15 | | include various print technologies, including without | 16 | | limitation laser and LED (electrographic), ink jet, dot matrix, | 17 | | thermal, and digital sublimation, and "multi-function" or | 18 | | "all-in-one" devices that perform different tasks, including | 19 | | without limitation copying, scanning, faxing, and printing. | 20 | | Printers do not include floor-standing printers, printers with | 21 | | optional floor stand, point of sale (POS) receipt printers, | 22 | | household printers such as a calculator with printing | 23 | | capabilities or label makers, or non-stand-alone printers that | 24 | | are embedded into products that are not CEDs. | 25 | | "Program collection site" means a physical location that is | 26 | | included in a manufacturer e-waste program and at which |
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| 1 | | residential CEDs are collected and prepared for transport by a | 2 | | collector during a program year in accordance with the | 3 | | requirements of this Act. Except as otherwise provided in this | 4 | | Act, "program collection" site does not include a retail | 5 | | collection site. | 6 | | "Program year" means a calendar year. The first program | 7 | | year is 2019. | 8 | | "Recycler" means any person who transports or subsequently | 9 | | recycles residential CEDs that have been collected and prepared | 10 | | for transport by a collector at any program collection site or | 11 | | one-day collection event. | 12 | | "Recycling" has the meaning provided under Section 3.380 of | 13 | | the Environmental Protection Act. "Recycling" includes any | 14 | | process by which residential CEDs that would otherwise be | 15 | | disposed of or discarded are collected, separated, or processed | 16 | | and returned to the economic mainstream in the form of raw | 17 | | materials or products. | 18 | | "Residence" means a dwelling place or home in which one or | 19 | | more individuals live. | 20 | | "Residential covered electronic device" or "residential | 21 | | CED" means any covered electronic device taken out of service | 22 | | from a residence in the State. | 23 | | "Retail collection site" means a private sector collection | 24 | | site operated by a retailer collecting on behalf of a | 25 | | manufacturer. | 26 | | "Retailer" means a person who first sells, through a sales |
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| 1 | | outlet, catalogue, or the Internet, a covered electronic device | 2 | | at retail to an individual for residential use or any permanent | 3 | | establishment primarily where merchandise is displayed, held, | 4 | | stored, or offered for sale to the public. | 5 | | "Sale" means any retail transfer of title for consideration | 6 | | of title including, but not limited to, transactions conducted | 7 | | through sales outlets, catalogs, or the Internet or any other | 8 | | similar electronic means. "Sale" does not include financing or | 9 | | leasing. | 10 | | "Small-scale server" means a computer that typically uses | 11 | | desktop components in a desktop form designed primarily to | 12 | | serve as a storage host for other computers. To be considered a | 13 | | small-scale server, a computer must: be designed in a pedestal, | 14 | | tower, or other form that is similar to that of a desktop | 15 | | computer so that all data processing, storage, and network | 16 | | interfacing is contained within one box or product; be designed | 17 | | to be operational 24 hours per day and 7 days per week; have | 18 | | very little unscheduled downtime, such as on the order of hours | 19 | | per year; be capable of operating in a simultaneous multi-user | 20 | | environment serving several users through networked client | 21 | | units; and be designed for an industry-accepted operating | 22 | | system for home or low-end server applications. | 23 | | "Television" means an electronic device (i) containing a | 24 | | cathode-ray tube or flat panel screen the size of which is | 25 | | greater than 4 inches when measured diagonally, (ii) that is | 26 | | intended to receive video programming via broadcast, cable, or |
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| 1 | | satellite transmission or to receive video from surveillance or | 2 | | other similar cameras, and (iii) that is used only in a | 3 | | residence. | 4 | | Section 1-10. Manufacturer e-waste program. | 5 | | (a) For program year 2019 and each program year thereafter, | 6 | | each manufacturer shall, individually or as part of a | 7 | | manufacturer clearinghouse, provide a manufacturer e-waste | 8 | | program to transport and subsequently recycle, in accordance | 9 | | with the requirements of this Act, residential CEDs collected | 10 | | at, and prepared for transport from, the program collection | 11 | | sites and one-day collection events included in the program | 12 | | during the program year. | 13 | | (b) Each manufacturer e-waste program must include, at a | 14 | | minimum, the following: | 15 | | (1) satisfaction of the convenience standard described | 16 | | in Section 1-15 of this Act; | 17 | | (2) instructions for designated county recycling | 18 | | coordinators and municipal joint action agencies to | 19 | | annually file notice to participate in the program; | 20 | | (3) transportation and subsequent recycling of the | 21 | | residential CEDs collected at, and prepared for transport | 22 | | from, the program collection sites and one-day collection | 23 | | events included in the program during the program year; and | 24 | | (4) submission of a report to the Agency, by January | 25 | | 31, 2020, and each January 31 thereafter, which includes: |
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| 1 | | (A) the total weight of all residential CEDs | 2 | | transported from program collection sites and one-day | 3 | | collection events throughout the State during the | 4 | | preceding program year by CED category; | 5 | | (B) the total weight of residential CEDs | 6 | | transported from all program collection sites and | 7 | | one-day collection events in each county in the State | 8 | | during the preceding program year by CED category; and | 9 | | (C) the total weight of residential CEDs | 10 | | transported from all program collection sites and | 11 | | one-day collection events in each county in the State | 12 | | during that preceding program year and that was | 13 | | recycled. | 14 | | (c) The Agency shall make the instructions required under | 15 | | paragraph (2) of subsection (b) available on the Agency's | 16 | | website by December 1, 2017. | 17 | | Section 1-15. Convenience standard for program collection | 18 | | sites and one-day collection events. | 19 | | (a) Beginning in 2019 each manufacturer e-waste program for | 20 | | a program year must include, at a minimum, program collection | 21 | | sites in the following quantities in counties that elect to | 22 | | participate in the manufacturer e-waste program for the program | 23 | | year:
| 24 | | (1) one program collection site in each county that has | 25 | | elected to participate in the manufacturer e-waste program |
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| 1 | | for the program year and that has a population density that | 2 | | is less than 250 individuals per square mile;
| 3 | | (2) two program collection sites in each county that | 4 | | has elected to participate in the manufacturer e-waste | 5 | | program for the program year and that has a population | 6 | | density that is greater than or equal to 250 individuals | 7 | | per square mile but less than 500 individuals per square | 8 | | mile;
| 9 | | (3) three program collection sites in each county that | 10 | | has elected to participate in the manufacturer e-waste | 11 | | program for the program year and that has a population | 12 | | density that is greater than or equal to 500 individuals | 13 | | per square mile but less than 750 individuals per square | 14 | | mile;
| 15 | | (4) four program collection sites in each county that | 16 | | has elected to participate in the manufacturer e-waste | 17 | | program for the program year and that has a population | 18 | | density that is greater than or equal to 750 individuals | 19 | | per square mile but less than 1,000 individuals per square | 20 | | mile;
| 21 | | (5) five program collection sites in each county that | 22 | | has elected to participate in the manufacturer e-waste | 23 | | program for the program year and that has a population | 24 | | density that is greater than or equal to 1,000 individuals | 25 | | per square mile but less than 5,000 individuals per square | 26 | | mile; and
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| 1 | | (6) ten program collection sites in each county that | 2 | | has elected to participate in the manufacturer e-waste | 3 | | program for the program year and that has a population | 4 | | density that is greater than or equal to 5,000 individuals | 5 | | per square mile.
| 6 | | If a municipality with a population of over 1,000,000 | 7 | | residents notifies the program of the municipality's desire to | 8 | | participate in the program, then that municipality shall | 9 | | receive 15 program collection sites to be located in that | 10 | | municipality in addition to county sites, which shall be | 11 | | located outside of the municipality. | 12 | | A designated county recycling coordinator may elect to | 13 | | operate more than the required minimum number of collection | 14 | | sites. | 15 | | (b) Notwithstanding subsection (a) of this Section, the | 16 | | county recycling coordinator for a county that elects to | 17 | | participate in a manufacturer e-waste program may enter into a | 18 | | written agreement with the operators of any manufacturer | 19 | | e-waste program in order to do one or more of the following:
| 20 | | (1) to decrease the number of program collection sites | 21 | | in the county for the program year;
| 22 | | (2) to substitute a program collection site in the | 23 | | county with either (i) 4 one-day collection events in the | 24 | | county or (ii) a different number of such events in the | 25 | | county as may be provided in the written agreement;
| 26 | | (3) to substitute the location of a program collection |
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| 1 | | site in the county for the program year with another | 2 | | location in the county; or
| 3 | | (4) to substitute the location of a one-day collection | 4 | | in the county with another location in the county.
| 5 | | An agreement made pursuant to paragraphs (1) or (2) of this | 6 | | subsection (b) shall be reduced to writing and included in the | 7 | | manufacturer e-waste program plan as required under subsection | 8 | | (a) of Section 1-25 of this Act.
| 9 | | (c) To facilitate the equitable allocation of covered | 10 | | electronic device collection and recycling obligations among | 11 | | manufacturers participating in a manufacturer e-waste program, | 12 | | beginning November 1, 2018 and by November 1 of each year | 13 | | thereafter, the Agency shall determine each manufacturer's | 14 | | collection obligation for each CED category that takes into | 15 | | account the market share of a manufacturer so that the | 16 | | manufacturer's obligations are allocated based on the weight of | 17 | | the manufacturer's sales in each CED category, divided by the | 18 | | weight of all sales in each CED category multiplied by the | 19 | | proportion of the weight of CEDs in each CED category collected | 20 | | from county collection sites used in the manufacturer's e-waste | 21 | | program in the prior program year. The manufacturer's | 22 | | collection obligation calculated in this subsection (c) shall | 23 | | be expressed as a percentage. | 24 | | (d) Nothing in this Act shall prevent a manufacturer from | 25 | | using retail collection sites to satisfy the manufacturer's | 26 | | obligations under this Section. |
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| 1 | | Section 1-20. Election to participate in manufacturer | 2 | | e-waste programs. Beginning with program year 2019, a county | 3 | | may elect to participate in a manufacturer e-waste program by | 4 | | having the county recycling coordinator file with the | 5 | | manufacturer e-waste program and the Agency, on or before March | 6 | | 1, 2018, and on or before March 1 of each year thereafter for | 7 | | the upcoming program year, a written notice of election to | 8 | | participate in the program. The written notice shall include a | 9 | | list of proposed collection locations likely to be available | 10 | | and appropriate to support this program, and may include | 11 | | locations already providing similar collection services. The | 12 | | written notice may include a list of registered recyclers that | 13 | | the county would prefer using for its collection sites or | 14 | | one-day events. | 15 | | County program coordinators may contract with registered | 16 | | collectors to operate collection sites. Eligible registered | 17 | | collectors are not limited to private companies and | 18 | | non-government organizations. All collectors operating county | 19 | | supervised programs shall abide by the standards in Section | 20 | | 1-45. | 21 | | Should a county elect not to participate in the program, a | 22 | | municipal joint action agency, representing residents within a | 23 | | certain geographic area in the non-participating county can | 24 | | elect to participate in the e-waste program on behalf of the | 25 | | residents of the municipal joint action agency. |
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| 1 | | Section 1-25. Manufacturer e-waste program plans. | 2 | | (a) By July 1, 2018, and by July 1 of each year thereafter | 3 | | for the upcoming program year, beginning with program year | 4 | | 2019, each manufacturer shall, individually or as a | 5 | | manufacturer clearinghouse, submit to the Agency a | 6 | | manufacturer e-waste program plan and assume the financial | 7 | | responsibility for bulk transportation, packaging materials | 8 | | necessary to prepare shipments in compliance with best | 9 | | practices, and recycling of collected CEDs, which includes, at | 10 | | a minimum, the following:
| 11 | | (1) the contact information for the individual who will | 12 | | serve as the point of contact for the manufacturer e-waste | 13 | | program;
| 14 | | (2) the identity of each county that has elected to | 15 | | participate in the manufacturer e-waste program during the | 16 | | program year;
| 17 | | (3) for each county, the location of each program | 18 | | collection site and one-day collection event included in | 19 | | the manufacturer e-waste program for the program year;
| 20 | | (4) the collector operating each program collection | 21 | | site and one-day collection event included in the | 22 | | manufacturer e-waste program for the program year;
| 23 | | (5) the recyclers that manufacturers plan to use during | 24 | | the program year to transport and subsequently recycle | 25 | | residential CEDs under the program, with the updated list |
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| 1 | | of recyclers to be provided to the Agency no later than | 2 | | December 1 preceding each program year; and
| 3 | | (6) an explanation of any deviation by the program from | 4 | | the standard program collection site distribution set | 5 | | forth in subsection (a) of Section 1-15 of this Act for the | 6 | | program year, along with copies of all written agreements | 7 | | made pursuant to paragraphs (1) or (2) of subsection (b) of | 8 | | Section 1-15 for the program year.
| 9 | | (b) Within 60 days after receiving a manufacturer e-waste | 10 | | program plan, the Agency shall review the plan and approve the | 11 | | plan or disapprove the plan.
| 12 | | (1) If the Agency determines that the program | 13 | | collection sites and one-day collection events specified | 14 | | in the plan will satisfy the convenience standard set forth | 15 | | in Section 1-15 of this Act, then the Agency shall approve | 16 | | the manufacturer e-waste program plan and provide written | 17 | | notification of the approval to the individual who serves | 18 | | as the point of contact for the manufacturer.
The Agency | 19 | | shall post the approved plan on the Agency's website. | 20 | | (2) If the Agency determines the plan will not satisfy | 21 | | the convenience standard set forth in Section 1-15 of this | 22 | | Act, then the Agency shall disapprove the manufacturer | 23 | | e-waste program plan and provide written notification of | 24 | | the disapproval and the reasons for the disapproval to the | 25 | | individual who serves as the point of contact for the | 26 | | manufacturer. Within 30 days after the date of disapproval, |
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| 1 | | the individual who serves as the point of contact for the | 2 | | manufacturer shall submit a revised manufacturer e-waste | 3 | | program plan that addresses the deficiencies noted in the | 4 | | Agency's disapproval.
| 5 | | Section 1-30. Manufacturer registration. | 6 | | (a) By April 1, 2018, and by April 1 of each year | 7 | | thereafter for the upcoming program year, beginning with | 8 | | program year 2019, each manufacturer who sells CEDs in the | 9 | | State must register with the Agency by: (i) submitting to the | 10 | | Agency a $3,000 registration fee; and (ii) completing and | 11 | | submitting to the Agency the registration form prescribed by | 12 | | the Agency. Information on the registration form shall include, | 13 | | without limitation, all of the following: | 14 | | (1) a list of all of the brands and labels under which | 15 | | the manufacturer's CEDs are sold or offered for sale in the | 16 | | State; and | 17 | | (2) the weight of all individual CEDs by category sold | 18 | | or offered for sale under any of the manufacturer's brands | 19 | | or labels in the United States during the calendar year 2 | 20 | | years before the applicable program year. | 21 | | If, during a program year, any of the manufacturer's CEDs | 22 | | are sold or offered for sale in the State under a brand that is | 23 | | not listed in the manufacturer's registration, then, within 30 | 24 | | days after the first sale or offer for sale under that brand, | 25 | | the manufacturer must amend its registration to add the brand. |
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| 1 | | All registration fees collected by the Agency pursuant to this | 2 | | Section shall be deposited into the Solid Waste Management | 3 | | Fund.
| 4 | | (b) The Agency shall post on its website a list of all | 5 | | registered manufacturers.
| 6 | | (c) Beginning in program year 2019, a manufacturer whose | 7 | | CEDs are sold or offered for sale in this State for the first | 8 | | time on or after April 1 of a program year must register with | 9 | | the Agency within 30 days after the date the CEDs are first | 10 | | sold or offered for sale in the State.
| 11 | | (d) Beginning in program year 2019, manufacturers shall | 12 | | ensure that only recyclers that have registered with the Agency | 13 | | and meet the recycler standards set forth in Section 1-40 are | 14 | | used to transport or recycle residential CEDs collected at any | 15 | | program collection site or one-day collection event.
| 16 | | (e) Beginning in program year 2019, no manufacturer may | 17 | | sell or offer for sale a CED in this State unless the | 18 | | manufacturer is registered and operates a manufacturer program | 19 | | either individually or as part of the manufacturer | 20 | | clearinghouse as required in this Act.
| 21 | | (f) Beginning in program year 2019, no manufacturer may | 22 | | sell or offer for sale a CED in this State unless the | 23 | | manufacturer's brand name is permanently affixed to, and is | 24 | | readily visible on, the CED.
| 25 | | Section 1-35. Retailer responsibilities. |
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| 1 | | (a) Beginning in program year 2019, no retailer who first | 2 | | sells, through a sales outlet, catalogue, or the Internet, a | 3 | | CED at retail to an individual for residential use may sell or | 4 | | offer for sale any CED in or for delivery into this State | 5 | | unless:
| 6 | | (1) the CED is labeled with a brand, and the label is | 7 | | permanently affixed and readily visible; and
| 8 | | (2) the manufacturer is registered with the Agency at | 9 | | the time the retailer purchases the CED.
| 10 | | (b) A retailer shall be considered to have complied with | 11 | | paragraphs (1) and (2) of subsection (a) if:
| 12 | | (1) a manufacturer registers with the agency within 30 | 13 | | days of a retailer taking possession of the manufacturer's | 14 | | CED;
| 15 | | (2) a manufacturer's registration expires and the | 16 | | retailer ordered the CED prior to the expiration, in which | 17 | | case the retailer may sell the CED, but only if the sale | 18 | | takes place within 180 days of the expiration; or
| 19 | | (3) a manufacturer is no longer conducting business and | 20 | | has no successor in interest the retailer may sell any | 21 | | orphan CED ordered prior to the discontinuation of | 22 | | business.
| 23 | | (c) Retailers shall not be considered collectors under the | 24 | | convenience standard and retail collection sites shall not be | 25 | | considered a collection site for the purposes of the | 26 | | convenience standard pursuant to Sections 1-10, 1-15, and 1-25 |
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| 1 | | unless otherwise agreed to in writing by the retailer, | 2 | | operators of the manufacture e-waste program, and the county | 3 | | coordinator.
If retailers agree to participate in a county | 4 | | program collection site, then the retailer collection site does | 5 | | not have to collect all CEDs or register as a collector. | 6 | | (d) Manufacturers may use retail collection sites for | 7 | | satisfying some or all of their obligations pursuant to | 8 | | Sections 1-10, 1-15 and 1-25.
| 9 | | (e) Nothing in this Act shall prohibit a retailer from | 10 | | collecting a fee for each CED collected. | 11 | | Section 1-40. Recycler responsibilities. | 12 | | (a) By January 1, 2019, and by January 1 of each year | 13 | | thereafter for that program year, beginning with program year | 14 | | 2019, each recycler must register with the Agency by (i) | 15 | | submitting to the Agency a $3,000 registration fee and (ii) | 16 | | completing and submitting to the Agency the registration form | 17 | | prescribed by the Agency. The registration form prescribed by | 18 | | the Agency shall include, without limitation, the address of | 19 | | each location where the recycler manages residential CEDs. All | 20 | | registration fees collected by the Agency pursuant to this | 21 | | Section shall be deposited into the Solid Waste Management | 22 | | Fund.
| 23 | | (b) The Agency shall post on the Agency's website a list of | 24 | | all registered recyclers and the information requested by | 25 | | subsection (d) of Section 1-40.
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| 1 | | (c) Beginning in program year 2019, no person may act as a | 2 | | recycler of residential CEDs for a manufacturer's e-waste | 3 | | program unless the recycler is registered with the Agency as | 4 | | required under this Section.
| 5 | | (d) Beginning in program year 2019, recyclers must, at a | 6 | | minimum, comply with all of the following:
| 7 | | (1) Recyclers must comply with federal, State, and | 8 | | local laws and regulations, including federal and State | 9 | | minimum wage laws, specifically relevant to the handling, | 10 | | processing, and recycling of residential CEDs and must have | 11 | | proper authorization by all appropriate governing | 12 | | authorities to perform the handling, processing, and | 13 | | recycling.
| 14 | | (2) Recyclers must implement the appropriate measures | 15 | | to safeguard occupational and environmental health and | 16 | | safety, through the following:
| 17 | | (A) environmental health and safety training of | 18 | | personnel, including training with regard to material | 19 | | and equipment handling, worker exposure, controlling | 20 | | releases, and safety and emergency procedures;
| 21 | | (B) an up-to-date, written plan for the | 22 | | identification and management of hazardous materials; | 23 | | and
| 24 | | (C) an up-to-date, written plan for reporting and | 25 | | responding to exceptional pollutant releases, | 26 | | including emergencies such as accidents, spills, |
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| 1 | | fires, and explosions.
| 2 | | (3) Recyclers must maintain (i) commercial general | 3 | | liability insurance or the equivalent corporate guarantee | 4 | | for accidents and other emergencies with limits of not less | 5 | | than $1,000,000 per occurrence and $1,000,000 aggregate | 6 | | and (ii) pollution legal liability insurance with limits | 7 | | not less than $1,000,000 per occurrence for companies | 8 | | engaged solely in the dismantling activities and | 9 | | $5,000,000 per occurrence for companies engaged in | 10 | | recycling.
| 11 | | (4) Recyclers must maintain on file documentation that | 12 | | demonstrates the completion of an environmental health and | 13 | | safety audit completed and certified by a competent | 14 | | internal and external auditor annually. A competent | 15 | | auditor is an individual who, through professional | 16 | | training or work experience, is appropriately qualified to | 17 | | evaluate the environmental health and safety conditions, | 18 | | practices, and procedures of the facility. Documentation | 19 | | of auditors' qualifications must be available for | 20 | | inspection by Agency officials and third-party auditors.
| 21 | | (5) Recyclers must maintain on file proof of workers' | 22 | | compensation and employers' liability insurance.
| 23 | | (6) Recyclers must provide adequate assurance, such as | 24 | | bonds or corporate guarantees, to cover environmental and | 25 | | other costs of the closure of the recycler's facility, | 26 | | including cleanup of stockpiled equipment and materials.
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| 1 | | (7) Recyclers must apply due diligence principles to | 2 | | the selection of facilities to which components and | 3 | | materials, such as plastics, metals, and circuit boards, | 4 | | from residential CEDs are sent for reuse and recycling.
| 5 | | (8) Recyclers must establish a documented | 6 | | environmental management system that is appropriate in | 7 | | level of detail and documentation to the scale and function | 8 | | of the facility, including documented regular self-audits | 9 | | or inspections of the recycler's environmental compliance | 10 | | at the facility.
| 11 | | (9) Recyclers must use the appropriate equipment for | 12 | | the proper processing of incoming materials as well as | 13 | | controlling environmental releases to the environment. The | 14 | | dismantling operations and storage of residential CED | 15 | | components that contain hazardous substances must be | 16 | | conducted indoors and over impervious floors. Storage | 17 | | areas must be adequate to hold all processed and | 18 | | unprocessed inventory. When heat is used to soften solder | 19 | | and when residential CED components are shredded, | 20 | | operations must be designed to control indoor and outdoor | 21 | | hazardous air emissions.
| 22 | | (10) Recyclers must establish a system for identifying | 23 | | and properly managing components, such as circuit boards, | 24 | | batteries, cathode-ray tubes, and mercury phosphor lamps, | 25 | | that are removed from residential CEDs during disassembly. | 26 | | Recyclers must properly manage all hazardous and other |
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| 1 | | components requiring special handling from residential | 2 | | CEDs consistent with federal, State, and local laws and | 3 | | regulations. Recyclers must provide visible tracking, such | 4 | | as hazardous waste manifests or bills of lading, of | 5 | | hazardous components and materials from the facility to the | 6 | | destination facilities and documentation, such as | 7 | | contracts, stating how the destination facility processes | 8 | | the materials received. No recycler may send, either | 9 | | directly or through intermediaries, hazardous wastes to | 10 | | solid non-hazardous waste landfills or to non-hazardous | 11 | | waste incinerators for disposal or energy recovery. For the | 12 | | purpose of these guidelines, smelting of hazardous wastes | 13 | | to recover metals for reuse in conformance with all | 14 | | applicable laws and regulations is not considered disposal | 15 | | or energy recovery.
| 16 | | (11) Recyclers must use a regularly implemented and | 17 | | documented monitoring and record-keeping program that | 18 | | tracks total inbound residential CED material weights and | 19 | | total subsequent outbound weights to each destination, | 20 | | injury and illness rates, and compliance with applicable | 21 | | permit parameters including monitoring of effluents and | 22 | | emissions. Recyclers must maintain contracts or other | 23 | | documents, such as sales receipts, suitable to | 24 | | demonstrate: (i) the reasonable expectation that there is a | 25 | | downstream market or uses for designated electronics, | 26 | | which may include recycling or reclamation processes such |
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| 1 | | as smelting to recover metals for reuse; and (ii) that any | 2 | | residuals from recycling or reclamation processes, or | 3 | | both, are properly handled and managed to maximize reuse | 4 | | and recycling of materials to the extent practical.
| 5 | | (12) Recyclers must employ industry-accepted | 6 | | procedures for the destruction or sanitization of data on | 7 | | hard drives and other data storage devices. Acceptable | 8 | | guidelines for the destruction or sanitization of data are | 9 | | contained in the National Institute of Standards and | 10 | | Technology's Guidelines for Media Sanitation or those | 11 | | guidelines certified by the National Association for | 12 | | Information Destruction.
| 13 | | (13) No recycler may employ prison labor in any | 14 | | operation related to the collection, transportation, and | 15 | | recycling of CEDs. No recycler may employ any third party | 16 | | that uses or subcontracts for the use of prison labor.
| 17 | | (e) Each recycler shall, during each calendar year, | 18 | | transport from each site that the recycler uses to manage | 19 | | residential CEDs not less than 75% of the total weight of | 20 | | residential CEDs present at the site during the preceding | 21 | | calendar year. Each recycler shall maintain on-site records | 22 | | that demonstrate compliance with this requirement and shall | 23 | | make those records available to the Agency for inspection and | 24 | | copying. | 25 | | Nothing in this Act shall prevent a person from acting as a | 26 | | recycler independently of a manufacturer e-waste program. |
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| 1 | | Section 1-45. Collector responsibilities. | 2 | | (a) By January 1, 2019, and by January 1 of each year | 3 | | thereafter for that program year, beginning with program year | 4 | | 2019, a person acting as a collector under a manufacturer | 5 | | e-waste program shall register with the Agency by completing | 6 | | and submitting to the Agency the registration form prescribed | 7 | | by the Agency. The registration form prescribed by the Agency | 8 | | must include, without limitation, the address of each location | 9 | | at which the collector accepts residential CEDs.
| 10 | | (b) The Agency shall post on the Agency's website a list of | 11 | | all registered collectors.
| 12 | | (c) Manufacturers and recyclers acting as collectors shall | 13 | | so indicate on their registration under Section 1-30 or 1-40 of | 14 | | this Act.
| 15 | | (d) By January 31, 2020 and every January 31 thereafter, | 16 | | each collector that operates a program collection site or | 17 | | one-day collection event shall report its previous program year | 18 | | data on CEDs collected to the Agency and manufacturer | 19 | | clearinghouse to assist in satisfying a manufacturer's | 20 | | obligation pursuant to subsection (c) of Section 1-15. | 21 | | (e) Each collector that operates a program collection site | 22 | | or one-day event shall ensure that the collected CEDs are | 23 | | sorted and loaded in compliance with local, State, and federal | 24 | | law and in accordance with best practices recommended by the | 25 | | recycler and Section 1-85 of this Act. In addition, at a |
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| 1 | | minimum, the collector shall also comply with the following | 2 | | requirements: | 3 | | (1) all CEDs must be accepted at the collection site or | 4 | | one-day event unless otherwise provided in this Act;
| 5 | | (2) CEDs shall be kept separate from other material and | 6 | | shall be: | 7 | | (A) packaged in a manner to prevent breakage; and
| 8 | | (B) loaded onto pallets and secured with plastic | 9 | | wrap or in pallet-sized bulk containers prior to | 10 | | shipping; and
| 11 | | (C) on average per collection site 18,000 pounds | 12 | | per shipment, and if not then the recycler may charge | 13 | | the collector a prorate charge on the shortfall in | 14 | | weight, not to exceed $600. | 15 | | (3) CEDs shall be sorted into the following categories:
| 16 | | (A) computer monitors and televisions containing a | 17 | | cathode-ray tube, other than televisions with wooden | 18 | | exteriors;
| 19 | | (B) computer monitors and televisions containing a | 20 | | flat panel screen;
| 21 | | (C) all other covered televisions;
| 22 | | (D) computers;
| 23 | | (E) all other CEDs; and
| 24 | | (F) any electronic device that is not part of the | 25 | | manufacturer program that the collector has arranged | 26 | | to have picked up with CEDs and for which a financial |
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| 1 | | arrangement has been made to cover the recycling costs | 2 | | outside of the manufacturer program; and
| 3 | | (4) containers holding the CEDs must be structurally | 4 | | sound for transportation.
| 5 | | (e) Except as provided in subsection (f) of this Section, | 6 | | each collector that operates a program collection site or | 7 | | one-day collection event during a program year shall accept all | 8 | | residential CEDs that are delivered to the program collection | 9 | | site or one-day collection event during the program year.
| 10 | | (f) No collector that operates a program collection site or | 11 | | one-day collection event shall accept more than 7 residential | 12 | | CEDs from an individual at any one time.
| 13 | | (g) Beginning in program year 2019, registered collectors | 14 | | participating in county supervised collection programs may | 15 | | collect a fee for each desktop computer monitor or television | 16 | | accepted for recycling to cover costs for collection and | 17 | | preparation for bulk shipment or cover cost for subsection (e) | 18 | | of Section 1-45.
| 19 | | (h) Nothing in this Act shall prevent an individual from | 20 | | acting as a collector independently of a manufacturer e-waste | 21 | | program.
| 22 | | Section 1-50. Penalties. | 23 | | (a) Except as otherwise provided in this Act, any person | 24 | | who violates any provision of this Act is liable for a civil | 25 | | penalty of $1,000 for the violation.
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| 1 | | (b) The penalties provided for in this Section may be | 2 | | recovered in a civil action brought in the name of the people | 3 | | of the State of Illinois by the State's Attorney of the county | 4 | | in which the violation occurred or by the Attorney General. Any | 5 | | penalties collected under this Section in an action in which | 6 | | the Attorney General has prevailed shall be deposited in the | 7 | | Environmental Protection Trust Fund, to be used in accordance | 8 | | with the provisions of the Environmental Trust Fund Act.
| 9 | | (c) The Attorney General or the State's Attorney of a | 10 | | county in which a violation occurs may institute a civil action | 11 | | for an injunction, prohibitory or mandatory, to restrain | 12 | | violations of this Act or to require such actions as may be | 13 | | necessary to address violations of this Act.
| 14 | | (d) A fine imposed by administrative citation pursuant to | 15 | | Section 1-55 of this Act shall be $1,000 per violation, plus | 16 | | any hearing costs incurred by the Illinois Pollution Control | 17 | | Board and the Agency. Such fines shall be made payable to the | 18 | | Environmental Protection Trust Fund to be used in accordance | 19 | | with the Environmental Protection Trust Fund Act. | 20 | | (e) The penalties and injunctions provided in this Act are | 21 | | in addition to any penalties, injunctions, or other relief | 22 | | provided under any other law. Nothing in this Act bars a cause | 23 | | of action by the State for any other penalty, injunction, or | 24 | | other relief provided by any other law.
| 25 | | (f) A knowing violation of subsections (a), (b), or (c) of | 26 | | Section 1-83 of this Act by anyone other than a residential |
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| 1 | | consumer is a petty offense punishable by a fine of $500. A | 2 | | knowing violation of subsections (a), (b), or (c) of Section | 3 | | 1-83 by a residential consumer is a petty offense punishable by | 4 | | a fine of $25 for a first violation; however, a subsequent | 5 | | violation by a residential consumer is a petty offense | 6 | | punishable by a fine of $50. | 7 | | Section 1-55. Administrative citations. | 8 | | (a) Any violation of a registration requirement in Sections | 9 | | 1-30, 1-40, or 1-45 of this Act, any violation of the reporting | 10 | | requirement in paragraph (4) of subsection (b) of Section 1-10 | 11 | | of this Act, and any violation of the plan submission | 12 | | requirement in subsection (a) of Section 1-25 of this Act shall | 13 | | be enforceable by administrative citation issued by the Agency. | 14 | | Whenever Agency personnel shall, on the basis of direct | 15 | | observation, determine that any person has violated any of | 16 | | those provisions, the Agency may issue and serve, within 60 | 17 | | days after the observed violation, an administrative citation | 18 | | upon that person. Each citation shall be served upon the person | 19 | | named or the person's authorized agent for service of process | 20 | | and shall include the following:
| 21 | | (1) a statement specifying the provisions of this Act | 22 | | that the person has violated;
| 23 | | (2) the penalty imposed under subsection (d) of Section | 24 | | 1-50 of this Act for that violation; and
| 25 | | (3) an affidavit by the personnel observing the |
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| 1 | | violation, attesting to their material actions and | 2 | | observations.
| 3 | | (b) If the person named in the administrative citation | 4 | | fails to petition the Illinois Pollution Control Board for | 5 | | review within 35 days after the date of service, then the Board | 6 | | shall adopt a final order, which shall include the | 7 | | administrative citation and findings of violation as alleged in | 8 | | the citation and shall impose the penalty specified in | 9 | | subsection (d) of Section 1-50 of this Act.
| 10 | | (c) If a petition for review is filed with the Board to | 11 | | contest an administrative citation issued under this Section, | 12 | | then the Agency shall appear as a complainant at a hearing | 13 | | before the Board to be conducted pursuant to subsection (d) of | 14 | | this Section at a time not less than 21 days after notice of | 15 | | the hearing has been sent by the Board to the Agency and the | 16 | | person named in the citation. In those hearings, the burden of | 17 | | proof shall be on the Agency. If, based on the record, the | 18 | | Board finds that the alleged violation occurred, then the Board | 19 | | shall adopt a final order, which shall include the | 20 | | administrative citation and findings of violation as alleged in | 21 | | the citation, and shall impose the penalty specified in | 22 | | subsection (d) of Section 1-50 of this Act. However, if the | 23 | | Board finds that the person appealing the citation has shown | 24 | | that the violation resulted from uncontrollable circumstances, | 25 | | then the Board shall adopt a final order that makes no finding | 26 | | of violation and imposes no penalty.
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| 1 | | (d) All hearings under this Section shall be held before a | 2 | | qualified hearing officer, who may be attended by one or more | 3 | | members of the Board, designated by the Chairman. All of these | 4 | | hearings shall be open to the public, and any person may submit | 5 | | written statements to the Board in connection with the subject | 6 | | of these hearings. In addition, the Board may permit any person | 7 | | to offer oral testimony. Any party to a hearing under this | 8 | | Section may be represented by counsel, make oral or written | 9 | | argument, offer testimony, cross-examine witnesses, or take | 10 | | any combination of those actions. All testimony taken before | 11 | | the Board shall be recorded stenographically. The transcript so | 12 | | recorded and any additional matter accepted for the record | 13 | | shall be open to public inspection, and copies of those | 14 | | materials shall be made available to any person upon payment of | 15 | | the actual cost of reproducing the original.
| 16 | | Section 1-60. Delegation of county rights and | 17 | | responsibilities to municipal joint action agency. If a county | 18 | | has delegated to a municipal joint action agency certain powers | 19 | | or responsibilities under Section 3.2 of the Intergovernmental | 20 | | Cooperation Act with respect to certain geographic areas of the | 21 | | county, then the executive director of the municipal joint | 22 | | action agency shall have, with respect to those geographic | 23 | | areas, the rights and responsibilities that this Act would | 24 | | otherwise afford to the county. If a county elects not to | 25 | | participate in the program, then a municipal joint action |
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| 1 | | agency representing residents within the geographic area of the | 2 | | municipal joint action agency can elect to participate in the | 3 | | program. | 4 | | Section 1-65. Relation to other State laws. Nothing in this | 5 | | Act affects the validity or application of any other law of | 6 | | this State, or regulations adopted thereunder. | 7 | | Section 1-75. CRT Retrievable Storage. In order to further | 8 | | the policy of the State to reduce the environmental and | 9 | | economic impacts of transporting and managing cathode-ray tube | 10 | | (CRT) glass, and to support (i) the beneficial use of CRTs in | 11 | | accordance with beneficial use determinations issued by the | 12 | | Agency under Section 22.54 of the Environmental Protection Act | 13 | | and (ii) the storage of CRTs in retrievable storage cells at | 14 | | locations within the State for future recovery; for the purpose | 15 | | of this Act, a CRT shall be considered to be recycled if: | 16 | | (1) all recyclable components are removed from the | 17 | | device; and
| 18 | | (2) the glass from the device is either:
| 19 | | (A) beneficially reused in accordance with a | 20 | | beneficial use determination issued under Section | 21 | | 22.54 of the Environmental Protection Act; or
| 22 | | (B) placed in a storage cell, in a manner that | 23 | | allows it to be retrieved in the future, at a waste | 24 | | disposal site that is permitted to accept the glass.
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| 1 | | Section 1-80. Collection of CEDs outside of the | 2 | | manufacturer e-waste program. | 3 | | (a) Nothing in this Act prohibits a waste hauler from | 4 | | entering into a contractual agreement with a unit of local | 5 | | government to establish a collection program for the recycling | 6 | | or reuse of CEDs, including services such as curbside | 7 | | collection, home pick-up, drop-off locations, or similar | 8 | | methods of collection. | 9 | | (b) Nothing in this Act shall prohibit a person from | 10 | | establishing an e-waste program independently of a | 11 | | manufacturer e-waste program. | 12 | | Section 1-83. Landfill ban. | 13 | | (a) Beginning January 1, 2019, no person may knowingly | 14 | | cause or allow the mixing of a CED, or any other computer, | 15 | | computer monitor, printer, television, electronic keyboard, | 16 | | facsimile machine, videocassette recorder, portable digital | 17 | | music player, digital video disc player, video game console, | 18 | | electronic mouse, scanner, digital converter box, cable | 19 | | receiver, satellite receiver, digital video disc recorder, or | 20 | | small-scale server with municipal waste that is intended for | 21 | | disposal at a landfill. | 22 | | (b) Beginning January 1, 2019, no person may knowingly | 23 | | cause or allow the disposal of a CED or any other computer, | 24 | | computer monitor, printer, television, electronic keyboard, |
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| 1 | | facsimile machine, videocassette recorder, portable digital | 2 | | music player, digital video disc player, video game console, | 3 | | electronic mouse, scanner, digital converter box, cable | 4 | | receiver, satellite receiver, digital video disc recorder, or | 5 | | small-scale server in a sanitary landfill. | 6 | | (c) Beginning January 1, 2019, no person may knowingly | 7 | | cause or allow the mixing of a CED, or any other computer, | 8 | | computer monitor, printer, television, electronic keyboard, | 9 | | facsimile machine, videocassette recorder, portable digital | 10 | | music player, digital video disc player, video game console, | 11 | | electronic mouse, scanner, digital converter box, cable | 12 | | receiver, satellite receiver, digital video disc recorder, or | 13 | | small-scale server with waste that is intended for disposal by | 14 | | burning or incineration. | 15 | | (d) Beginning January 1, 2019, no person may knowingly | 16 | | cause or allow the burning or incineration of a CED, or any | 17 | | other computer, computer monitor, printer, television, | 18 | | electronic keyboard, facsimile machine, videocassette | 19 | | recorder, portable digital music player, digital video disc | 20 | | player, video game console, electronic mouse, scanner, digital | 21 | | converter box, cable receiver, satellite receiver, digital | 22 | | video disc recorder, or small-scale server. | 23 | | Section 1-85. Best practices. By November 1, 2018 and | 24 | | November 1 of each year thereafter, an advisory stakeholder | 25 | | group shall submit a document, to be approved annually by a |
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| 1 | | majority of the stakeholder group, of agreed-to best practices | 2 | | to be used in the following program year and made available on | 3 | | the Agency website. The best practices stakeholder group shall | 4 | | be made up of 8 members, appointed by the Director of the | 5 | | Agency, including 2 representatives of county programs, 2 | 6 | | representatives of recycling companies, 2 representatives from | 7 | | the manufacturing industry, one representative from a | 8 | | statewide trade association representing retailers, one | 9 | | representative of a statewide trade association representing | 10 | | manufacturers, one representative of a statewide trade | 11 | | association representing waste disposal companies, and one | 12 | | representative of a national trade association representing | 13 | | manufacturers. | 14 | | Section 1-86. Public Reporting. Each year, the Agency shall | 15 | | post on its website the information it receives pursuant to | 16 | | subdivision (b)(4) of Section 1-10 showing the amounts of | 17 | | residential CEDs being collected and recycled in each county in | 18 | | each program year. The Agency shall notify the General Assembly | 19 | | of the availability of this information. | 20 | | Section 1-90. Repeal. This Article is repealed on December | 21 | | 31, 2026. | 22 | | ARTICLE 5. AMENDATORY PROVISIONS |
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| 1 | | (30 ILCS 105/5.716 rep.) | 2 | | Section 5-5. The State Finance Act is amended by repealing | 3 | | Section 5.716. | 4 | | Section 5-10. The Environmental Protection Act is amended | 5 | | by changing Section 22.15 as follows:
| 6 | | (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
| 7 | | Sec. 22.15. Solid Waste Management Fund; fees.
| 8 | | (a) There is hereby created within the State Treasury a
| 9 | | special fund to be known as the "Solid Waste Management Fund", | 10 | | to be
constituted from the fees collected by the State pursuant | 11 | | to this Section ,
and from repayments of loans made from the | 12 | | Fund for solid waste projects , from registration fees collected | 13 | | pursuant to the Consumer Electronics Recycling Act, and from | 14 | | amounts transferred into the Fund pursuant to this amendatory | 15 | | Act of the 100th General Assembly .
Moneys received by the | 16 | | Department of Commerce and Economic Opportunity
in repayment of | 17 | | loans made pursuant to the Illinois Solid Waste Management
Act | 18 | | shall be deposited into the General Revenue Fund.
| 19 | | (b) The Agency shall assess and collect a
fee in the amount | 20 | | set forth herein from the owner or operator of each sanitary
| 21 | | landfill permitted or required to be permitted by the Agency to | 22 | | dispose of
solid waste if the sanitary landfill is located off | 23 | | the site where such waste
was produced and if such sanitary | 24 | | landfill is owned, controlled, and operated
by a person other |
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| 1 | | than the generator of such waste. The Agency shall deposit
all | 2 | | fees collected into the Solid Waste Management Fund. If a site | 3 | | is
contiguous to one or more landfills owned or operated by the | 4 | | same person, the
volumes permanently disposed of by each | 5 | | landfill shall be combined for purposes
of determining the fee | 6 | | under this subsection.
| 7 | | (1) If more than 150,000 cubic yards of non-hazardous | 8 | | solid waste is
permanently disposed of at a site in a | 9 | | calendar year, the owner or operator
shall either pay a fee | 10 | | of 95 cents per cubic yard or,
alternatively, the owner or | 11 | | operator may weigh the quantity of the solid waste
| 12 | | permanently disposed of with a device for which | 13 | | certification has been obtained
under the Weights and | 14 | | Measures Act and pay a fee of $2.00 per
ton of solid waste | 15 | | permanently disposed of. In no case shall the fee collected
| 16 | | or paid by the owner or operator under this paragraph | 17 | | exceed $1.55 per cubic yard or $3.27 per ton.
| 18 | | (2) If more than 100,000 cubic yards but not more than | 19 | | 150,000 cubic
yards of non-hazardous waste is permanently | 20 | | disposed of at a site in a calendar
year, the owner or | 21 | | operator shall pay a fee of $52,630.
| 22 | | (3) If more than 50,000 cubic yards but not more than | 23 | | 100,000 cubic
yards of non-hazardous solid waste is | 24 | | permanently disposed of at a site
in a calendar year, the | 25 | | owner or operator shall pay a fee of $23,790.
| 26 | | (4) If more than 10,000 cubic yards but not more than |
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| 1 | | 50,000 cubic
yards of non-hazardous solid waste is | 2 | | permanently disposed of at a site
in a calendar year, the | 3 | | owner or operator shall pay a fee of $7,260.
| 4 | | (5) If not more than 10,000 cubic yards of | 5 | | non-hazardous solid waste is
permanently disposed of at a | 6 | | site in a calendar year, the owner or operator
shall pay a | 7 | | fee of $1050.
| 8 | | (c) (Blank).
| 9 | | (d) The Agency shall establish rules relating to the | 10 | | collection of the
fees authorized by this Section. Such rules | 11 | | shall include, but not be
limited to:
| 12 | | (1) necessary records identifying the quantities of | 13 | | solid waste received
or disposed;
| 14 | | (2) the form and submission of reports to accompany the | 15 | | payment of fees
to the Agency;
| 16 | | (3) the time and manner of payment of fees to the | 17 | | Agency, which payments
shall not be more often than | 18 | | quarterly; and
| 19 | | (4) procedures setting forth criteria establishing | 20 | | when an owner or
operator may measure by weight or volume | 21 | | during any given quarter or other
fee payment period.
| 22 | | (e) Pursuant to appropriation, all monies in the Solid | 23 | | Waste Management
Fund shall be used by the Agency and the | 24 | | Department of Commerce and Economic Opportunity for the | 25 | | purposes set forth in this Section and in the Illinois
Solid | 26 | | Waste Management Act, including for the costs of fee collection |
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| 1 | | and
administration , and for the administration of (1) the | 2 | | Consumer Electronics Recycling Act and (2) until January 1, | 3 | | 2020, the Electronic Products Recycling and Reuse Act .
| 4 | | (f) The Agency is authorized to enter into such agreements | 5 | | and to
promulgate such rules as are necessary to carry out its | 6 | | duties under this
Section and the Illinois Solid Waste | 7 | | Management Act.
| 8 | | (g) On the first day of January, April, July, and October | 9 | | of each year,
beginning on July 1, 1996, the State Comptroller | 10 | | and Treasurer shall
transfer $500,000 from the Solid Waste | 11 | | Management Fund to the Hazardous Waste
Fund. Moneys transferred | 12 | | under this subsection (g) shall be used only for the
purposes | 13 | | set forth in item (1) of subsection (d) of Section 22.2.
| 14 | | (h) The Agency is authorized to provide financial | 15 | | assistance to units of
local government for the performance of | 16 | | inspecting, investigating and
enforcement activities pursuant | 17 | | to Section 4(r) at nonhazardous solid
waste disposal sites.
| 18 | | (i) The Agency is authorized to support the operations of | 19 | | an industrial
materials exchange service, and to conduct | 20 | | household waste collection and
disposal programs.
| 21 | | (j) A unit of local government, as defined in the Local | 22 | | Solid Waste Disposal
Act, in which a solid waste disposal | 23 | | facility is located may establish a fee,
tax, or surcharge with | 24 | | regard to the permanent disposal of solid waste.
All fees, | 25 | | taxes, and surcharges collected under this subsection shall be
| 26 | | utilized for solid waste management purposes, including |
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| 1 | | long-term monitoring
and maintenance of landfills, planning, | 2 | | implementation, inspection, enforcement
and other activities | 3 | | consistent with the Solid Waste Management Act and the
Local | 4 | | Solid Waste Disposal Act, or for any other environment-related | 5 | | purpose,
including but not limited to an environment-related | 6 | | public works project, but
not for the construction of a new | 7 | | pollution control facility other than a
household hazardous | 8 | | waste facility. However, the total fee, tax or surcharge
| 9 | | imposed by all units of local government under this subsection | 10 | | (j) upon the
solid waste disposal facility shall not exceed:
| 11 | | (1) 60˘ per cubic yard if more than 150,000 cubic yards | 12 | | of non-hazardous
solid waste is permanently disposed of at | 13 | | the site in a calendar year, unless
the owner or operator | 14 | | weighs the quantity of the solid waste received with a
| 15 | | device for which certification has been obtained under the | 16 | | Weights and Measures
Act, in which case the fee shall not | 17 | | exceed $1.27 per ton of solid waste
permanently disposed | 18 | | of.
| 19 | | (2) $33,350 if more than 100,000
cubic yards, but not | 20 | | more than 150,000 cubic yards, of non-hazardous waste
is | 21 | | permanently disposed of at the site in a calendar year.
| 22 | | (3) $15,500 if more than 50,000 cubic
yards, but not | 23 | | more than 100,000 cubic yards, of non-hazardous solid waste | 24 | | is
permanently disposed of at the site in a calendar year.
| 25 | | (4) $4,650 if more than 10,000 cubic
yards, but not | 26 | | more than 50,000 cubic yards, of non-hazardous solid waste
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| 1 | | is permanently disposed of at the site in a calendar year.
| 2 | | (5) $$650 if not more than 10,000 cubic
yards of | 3 | | non-hazardous solid waste is permanently disposed of at the | 4 | | site in
a calendar year.
| 5 | | The corporate authorities of the unit of local government
| 6 | | may use proceeds from the fee, tax, or surcharge to reimburse a | 7 | | highway
commissioner whose road district lies wholly or | 8 | | partially within the
corporate limits of the unit of local | 9 | | government for expenses incurred in
the removal of | 10 | | nonhazardous, nonfluid municipal waste that has been dumped
on | 11 | | public property in violation of a State law or local ordinance.
| 12 | | A county or Municipal Joint Action Agency that imposes a | 13 | | fee, tax, or
surcharge under this subsection may use the | 14 | | proceeds thereof to reimburse a
municipality that lies wholly | 15 | | or partially within its boundaries for expenses
incurred in the | 16 | | removal of nonhazardous, nonfluid municipal waste that has been
| 17 | | dumped on public property in violation of a State law or local | 18 | | ordinance.
| 19 | | If the fees are to be used to conduct a local sanitary | 20 | | landfill
inspection or enforcement program, the unit of local | 21 | | government must enter
into a written delegation agreement with | 22 | | the Agency pursuant to subsection
(r) of Section 4. The unit of | 23 | | local government and the Agency shall enter
into such a written | 24 | | delegation agreement within 60 days after the
establishment of | 25 | | such fees. At least annually,
the Agency shall conduct an audit | 26 | | of the expenditures made by units of local
government from the |
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| 1 | | funds granted by the Agency to the units of local
government | 2 | | for purposes of local sanitary landfill inspection and | 3 | | enforcement
programs, to ensure that the funds have been | 4 | | expended for the prescribed
purposes under the grant.
| 5 | | The fees, taxes or surcharges collected under this | 6 | | subsection (j) shall
be placed by the unit of local government | 7 | | in a separate fund, and the
interest received on the moneys in | 8 | | the fund shall be credited to the fund. The
monies in the fund | 9 | | may be accumulated over a period of years to be
expended in | 10 | | accordance with this subsection.
| 11 | | A unit of local government, as defined in the Local Solid | 12 | | Waste Disposal
Act, shall prepare and distribute to the Agency, | 13 | | in April of each year, a
report that details spending plans for | 14 | | monies collected in accordance with
this subsection. The report | 15 | | will at a minimum include the following:
| 16 | | (1) The total monies collected pursuant to this | 17 | | subsection.
| 18 | | (2) The most current balance of monies collected | 19 | | pursuant to this
subsection.
| 20 | | (3) An itemized accounting of all monies expended for | 21 | | the previous year
pursuant to this subsection.
| 22 | | (4) An estimation of monies to be collected for the | 23 | | following 3
years pursuant to this subsection.
| 24 | | (5) A narrative detailing the general direction and | 25 | | scope of future
expenditures for one, 2 and 3 years.
| 26 | | The exemptions granted under Sections 22.16 and 22.16a, and |
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| 1 | | under
subsection (k) of this Section, shall be applicable to | 2 | | any fee,
tax or surcharge imposed under this subsection (j); | 3 | | except that the fee,
tax or surcharge authorized to be imposed | 4 | | under this subsection (j) may be
made applicable by a unit of | 5 | | local government to the permanent disposal of
solid waste after | 6 | | December 31, 1986, under any contract lawfully executed
before | 7 | | June 1, 1986 under which more than 150,000 cubic yards (or | 8 | | 50,000 tons)
of solid waste is to be permanently disposed of, | 9 | | even though the waste is
exempt from the fee imposed by the | 10 | | State under subsection (b) of this Section
pursuant to an | 11 | | exemption granted under Section 22.16.
| 12 | | (k) In accordance with the findings and purposes of the | 13 | | Illinois Solid
Waste Management Act, beginning January 1, 1989 | 14 | | the fee under subsection
(b) and the fee, tax or surcharge | 15 | | under subsection (j) shall not apply to:
| 16 | | (1) Waste which is hazardous waste; or
| 17 | | (2) Waste which is pollution control waste; or
| 18 | | (3) Waste from recycling, reclamation or reuse | 19 | | processes which have been
approved by the Agency as being | 20 | | designed to remove any contaminant from
wastes so as to | 21 | | render such wastes reusable, provided that the process
| 22 | | renders at least 50% of the waste reusable; or
| 23 | | (4) Non-hazardous solid waste that is received at a | 24 | | sanitary landfill
and composted or recycled through a | 25 | | process permitted by the Agency; or
| 26 | | (5) Any landfill which is permitted by the Agency to |
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| 1 | | receive only
demolition or construction debris or | 2 | | landscape waste.
| 3 | | (Source: P.A. 97-333, eff. 8-12-11.)
| 4 | | Section 5-15. The Electronic Products Recycling and Reuse | 5 | | Act is amended by changing Sections 15, 20, 30, 40, 50, 55, 60, | 6 | | and 85 and by adding Section 100 as follows: | 7 | | (415 ILCS 150/15)
| 8 | | Sec. 15. Statewide recycling and reuse goals for all | 9 | | covered electronic devices. | 10 | | (a) For program year 2010, the statewide recycling or reuse | 11 | | goal for all CEDs is the product of: (i) the latest population | 12 | | estimate for the State, as published on the U.S. Census | 13 | | Bureau's website on January 1, 2010; multiplied by (ii) 2.5 | 14 | | pounds per capita. | 15 | | (b) For program year 2011, the statewide recycling or reuse | 16 | | goal for all CEDs is the product of: (i) the 2010 base weight; | 17 | | multiplied 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 | 20 | | total weight of all CEDs that were recycled or processed for | 21 | | reuse between January 1, 2010 and June 30, 2010 as reported to | 22 | | the Agency under subsection (i) or (j) of Section 30; or (ii) | 23 | | twice the total weight of all CEDs that were recycled or | 24 | | processed for reuse between January 1, 2010 and June 30, 2010 |
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| 1 | | as reported to the Agency under subsection (c) of Section 55. | 2 | | The "2010 goal attainment percentage" means: | 3 | | (1) 90% if the 2010 base weight is less than 90% of the | 4 | | statewide recycling or reuse goal for program year 2010; | 5 | | (2) 95% if the 2010 base weight is 90% or greater, but | 6 | | does not exceed 95%, of the statewide recycling or reuse | 7 | | goal for program year 2010; | 8 | | (3) 100% if the 2010 base weight is 95% or greater, but | 9 | | does not exceed 105%, of the statewide recycling or reuse | 10 | | goal for program year 2010; | 11 | | (4) 105% if the 2010 base weight is 105% or greater, | 12 | | but does not exceed 110%, of the statewide recycling or | 13 | | reuse goal for program year 2010; and | 14 | | (5) 110% if the 2010 base weight is 110% or greater of | 15 | | the statewide recycling or reuse goal for program year | 16 | | 2010. | 17 | | (c) For program year 2012 and for each of the following | 18 | | categories of electronic devices, each manufacturer shall | 19 | | recycle or reuse at least 40% of the total weight of the | 20 | | electronic devices that the manufacturer sold in that category | 21 | | in Illinois during the calendar year beginning January 1, 2010: | 22 | | computers, monitors, televisions, printers, electronic | 23 | | keyboards, facsimile machines, video cassette recorders, | 24 | | portable digital music players, digital video disc players, | 25 | | video game consoles, electronic mice, scanners, digital | 26 | | converter boxes, cable receivers, satellite receivers, digital |
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| 1 | | video disc recorders, and small-scale servers. To determine the | 2 | | manufacturer's annual recycling or reuse goal, the | 3 | | manufacturer shall use its own Illinois sales data or its own | 4 | | national sales data proportioned to Illinois' share of the U.S. | 5 | | population, based on the U.S. Census population estimate for | 6 | | 2009. | 7 | | (c-5) For program year 2013 and program year 2014 and for | 8 | | each of the following categories of electronic devices, each | 9 | | manufacturer shall recycle or reuse at least 50% of the total | 10 | | weight of the electronic devices that the manufacturer sold in | 11 | | that category in Illinois during the calendar year 2 years | 12 | | before the applicable program year: computers, monitors, | 13 | | televisions, printers, electronic keyboards, facsimile | 14 | | machines, video cassette recorders, portable digital music | 15 | | players, digital video disc players, video game consoles, | 16 | | electronic mice, scanners, digital converter boxes, cable | 17 | | receivers, satellite receivers, digital video disc recorders, | 18 | | and small-scale servers. | 19 | | To determine the manufacturer's annual recycling or reuse | 20 | | goal, the manufacturer shall use its own Illinois sales data or | 21 | | its own national sales data proportioned to Illinois' share of | 22 | | the U.S. population, based on the most recent U.S. Census data. | 23 | | (c-6) For program year 2015, the total annual recycling | 24 | | goal for all manufacturers shall be as follows: | 25 | | (1) 30,800,000 pounds for manufacturers of televisions | 26 | | and computer monitors; and |
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| 1 | | (2) 15,800,000 pounds for manufacturers of all other | 2 | | covered electronic devices. | 3 | | For program year 2016 and program year 2017 and program | 4 | | year 2018 , the total annual recycling goal for all
| 5 | | manufacturers shall be as follows: | 6 | | (1) 34,000,000 pounds for manufacturers of televisions | 7 | | and computer monitors; and | 8 | | (2) 15,600,000 pounds for manufacturers of all other | 9 | | covered electronic devices. | 10 | | An individual manufacturer's annual recycling goal for | 11 | | televisions, computer monitors,
and all other covered | 12 | | electronic devices shall be in proportion to the manufacturer's | 13 | | market share of those product types sold in Illinois during the | 14 | | calendar year 2 years before the applicable program year. | 15 | | For program year 2018 and thereafter, and for each of the | 16 | | following categories of electronic devices, each manufacturer | 17 | | shall recycle or reuse at least 50% of the total weight of the | 18 | | electronic devices that the manufacturer sold in that category | 19 | | in Illinois during the calendar year 2 years before the | 20 | | applicable program year: computers, monitors, televisions, | 21 | | printers, electronic keyboards, facsimile machines, video | 22 | | cassette recorders, portable digital music players, digital | 23 | | video disc players, video game consoles, electronic mice, | 24 | | scanners, digital converter boxes, cable receivers, satellite | 25 | | receivers, digital video disc recorders, and small-scale | 26 | | servers. |
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| 1 | | To determine the manufacturer's annual recycling or reuse | 2 | | goal for program year 2018 and thereafter, the manufacturer | 3 | | shall use its own Illinois sales data or its own national sales | 4 | | data proportioned to Illinois' share of the U.S. population, | 5 | | based on the most recent U.S. census data. | 6 | | (d) In order to further the policy of the State of Illinois | 7 | | to reduce the environmental and economic impacts of | 8 | | transporting and managing cathode-ray tube (CRT) glass, and to | 9 | | support (i) the beneficial use of CRTs in accordance with | 10 | | beneficial use determinations issued by the Agency under | 11 | | Section 22.54 of the Environmental Protection Act and (ii) the | 12 | | storage of CRTs in retrievable storage cells at locations | 13 | | within the State for future recovery, the total weight of a CRT | 14 | | device, prior to processing, may be applied toward the | 15 | | manufacturer's annual recycling or reuse goal, provided that: | 16 | | (1) all recyclable components are removed from the | 17 | | device; and | 18 | | (2) the glass from the device is either: | 19 | | (A) beneficially reused in accordance with a | 20 | | beneficial use determination issued under Section | 21 | | 22.54 of the Environmental Protection Act; or | 22 | | (B) placed in a storage cell, in a manner that | 23 | | allows it to be retrieved in the future, at a waste | 24 | | disposal site that is permitted to accept the glass.
| 25 | | (Source: P.A. 99-13, eff. 7-10-15.) |
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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 | 4 | | this Act, enforce violations of the Act by administrative | 5 | | citation, and refer violations of this Act to the Attorney | 6 | | General. | 7 | | (b) No later than October 1 of each program year, through | 8 | | October 1, 2017, the Agency shall post on its website a list of | 9 | | underserved counties in the State for the next program year. | 10 | | The list of underserved counties for program years 2010 and | 11 | | 2011 is set forth in subsection (a) of Section 60. | 12 | | (c) From July 1, 2009 until December 31, 2015, the Agency | 13 | | shall implement a county and municipal government education | 14 | | campaign to inform those entities about this Act and the | 15 | | implications on solid waste collection in their localities. | 16 | | (c-5) Subject to appropriation, no No later than February | 17 | | 1, 2012 and every February 1 thereafter, through February 1, | 18 | | 2018, the Agency shall use a portion of the manufacturer, | 19 | | recycler, and refurbisher registration fees to provide a $2,000 | 20 | | grant to the recycling coordinator in each county of the State | 21 | | in order to inform residents in each county about this Act and | 22 | | opportunities to recycle CEDs and EEDs. The recycling | 23 | | coordinator shall expend the $2,000 grant before December 31 of | 24 | | the program year in which the grant is received. The recycling | 25 | | coordinator shall maintain records that document the use of the | 26 | | grant funds. |
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| 1 | | (c-10) By June 15, 2012 and by December 15, 2012, and by | 2 | | every June 15 and December 15 thereafter through December 15, | 3 | | 2015, the Agency shall meet with associations that represent | 4 | | Illinois retail merchants twice each year to discuss compliance | 5 | | with Section 40. | 6 | | (c-15) By December 15, 2012 and each December 15 | 7 | | thereafter, through December 15, 2018, the Agency shall post on | 8 | | its website: (i) the mailing address of each collection site at | 9 | | which collectors collected CEDs and EEDs during the program | 10 | | year and (ii) the amount in pounds of total CEDs and total EEDs | 11 | | collected at the collection site during the program year. | 12 | | (d) By July 1, 2011 for the first program year, and by May | 13 | | 15 for all subsequent program years, except for program years | 14 | | 2015, 2016, and 2017 , and 2018 , the Agency shall report to the | 15 | | Governor and to the General Assembly annually on the previous | 16 | | program year's performance. The report must be posted on the | 17 | | Agency's website. The report must include, but not be limited | 18 | | to, the following: | 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 , and 2018 , the | 23 | | Agency shall make available on its website the information | 24 | | described in paragraphs (1) through (6) in whatever format it | 25 | | deems appropriate. | 26 | | (e) Through program year 2018, the The Agency shall post on |
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| 1 | | its website: (1) a list of manufacturers that have paid the | 2 | | current year's registration fee as set forth in subsection (b) | 3 | | of Section 30; (2) a list of manufacturers that failed to pay | 4 | | the current year's registration fee as set forth in subsection | 5 | | (b) of Section 30; and (3) a list of registered collectors, the | 6 | | addresses of their collection sites, their business telephone | 7 | | numbers, and a link to their websites. | 8 | | (f) In program years 2012, 2013, and 2014, and at its | 9 | | discretion thereafter, the Agency shall convene and host an | 10 | | Electronic Products Recycling Conference. The Agency may host | 11 | | the conferences alone or with other public entities or with | 12 | | organizations associated with electronic products recycling. | 13 | | (g) No later than October 1 of each program year, through | 14 | | October 1, 2017, the Agency must post on its website the | 15 | | following information for the next program year: (i) the | 16 | | individual recycling and reuse goals for each manufacturer, as | 17 | | set forth in subsections (c) and (c-5) of Section 15, as | 18 | | applicable, and (ii) the total statewide recycling goal, | 19 | | determined by adding each individual manufacturer's annual | 20 | | goal. | 21 | | (h) By April 1, 2011, and by April 1 of all subsequent | 22 | | years, through April 1, 2019, the Agency shall award those | 23 | | manufacturers that have met or exceeded their recycling or | 24 | | reuse goals for the previous program year with an Electronic | 25 | | Industry Recycling Award. The award shall acknowledge that the | 26 | | manufacturer has met or exceeded its recycling goals and shall |
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| 1 | | be posted on the Agency website and in other media as | 2 | | appropriate. | 3 | | (i) By March 1, 2011, and by March 1 of each subsequent | 4 | | year, through March 1, 2019, the Agency shall post on its | 5 | | website a list of registered manufacturers that have not met | 6 | | their annual recycling and reuse goal for the previous program | 7 | | year.
| 8 | | (j) By July 1, 2015, the Agency shall solicit written | 9 | | comments regarding all aspects of the program codified in this | 10 | | Act, for the purpose of determining if the program requires any | 11 | | modifications. | 12 | | (1) Issues to be reviewed by the Agency are, but not | 13 | | limited to, the following: | 14 | | (A) Sufficiency of the annual statewide recycling | 15 | | goals. | 16 | | (B) Fairness of the formulas used to determine | 17 | | individual manufacturer goals. | 18 | | (C) Adequacy of, or the need for, continuation of | 19 | | the credits outlined in Section 30(d)(1) through (3). | 20 | | (D) Any temporary rescissions of county landfill | 21 | | bans granted by the Illinois Pollution Control Board | 22 | | pursuant to Section 95(e). | 23 | | (E) Adequacy of, or the need for, the penalties | 24 | | listed in Section 80 of this Act, which are scheduled | 25 | | to take effect on January 1, 2013. | 26 | | (F) Adequacy of the collection systems that have |
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| 1 | | been implemented as a result of this Act, with a | 2 | | particular focus on promoting the most cost-effective | 3 | | and convenient collection system possible for Illinois | 4 | | residents. | 5 | | (2) By July 1, 2015, the Agency shall complete its | 6 | | review of the written comments received, as well as its own | 7 | | reports on the preceding program years. By August 1, 2015, | 8 | | the Agency shall hold a public hearing to present its | 9 | | findings and solicit additional comments. All additional | 10 | | comments shall be submitted to the Agency in writing no | 11 | | later than October 1, 2015. | 12 | | (3) The Agency's final report, which shall be issued no | 13 | | later than February 1, 2016, shall be submitted to the | 14 | | Governor and the General Assembly and shall include | 15 | | specific recommendations for any necessary or appropriate | 16 | | modifications to the program.
| 17 | | (k) Through December 31, 2019, any Any violation of this | 18 | | Act shall be enforceable by administrative citation. Whenever | 19 | | the Agency personnel or county personnel to whom the Agency has | 20 | | delegated the authority to monitor compliance with this Act | 21 | | shall, on the basis of direct observation, determine that any | 22 | | person has violated any provision of this Act, the Agency or | 23 | | county personnel may issue and serve, within 60 days after the | 24 | | observed violation, an administrative citation upon that | 25 | | person or the entity employing that person. Each citation shall | 26 | | be served upon the person named or the person's authorized |
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| 1 | | agent for service of process and shall include the following: | 2 | | (1) a statement specifying the provisions of this Act | 3 | | that the person or the entity employing the person has | 4 | | violated; | 5 | | (2) a copy of the inspection report in which the Agency | 6 | | or local government recorded the violation and the date and | 7 | | time of the inspection; | 8 | | (3) the penalty imposed under Section 80; and | 9 | | (4) an affidavit by the personnel observing the | 10 | | violation, attesting to their material actions and | 11 | | observations. | 12 | | (l) If the person named in the administrative citation | 13 | | fails to petition the Illinois Pollution Control Board for | 14 | | review within 35 days after the date of service, the Board | 15 | | shall adopt a final order, which shall include the | 16 | | administrative citation and findings of violation as alleged in | 17 | | the citation and shall impose the penalty specified in Section | 18 | | 80. | 19 | | (m) If a petition for review is filed with the Board to | 20 | | contest an administrative citation issued under this Section, | 21 | | the Agency or unit of local government shall appear as a | 22 | | complainant at a hearing before the Board to be conducted | 23 | | pursuant to subsection (n) of this Section at a time not less | 24 | | than 21 days after notice of the hearing has been sent by the | 25 | | Board to the Agency or unit of local government and the person | 26 | | named in the citation. In those hearings, the burden of proof |
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| 1 | | shall be on the Agency or unit of local government. If, based | 2 | | on the record, the Board finds that the alleged violation | 3 | | occurred, it shall adopt a final order, which shall include the | 4 | | administrative citation and findings of violation as alleged in | 5 | | the citation, and shall impose the penalty specified in Section | 6 | | 80 of this Act. However, if the Board finds that the person | 7 | | appealing the citation has shown that the violation resulted | 8 | | from uncontrollable circumstances, the Board shall adopt a | 9 | | final order that makes no finding of violation and imposes no | 10 | | penalty. | 11 | | (n) All hearings under this Act shall be held before a | 12 | | qualified hearing officer, who may be attended by one or more | 13 | | members of the Board, designated by the Chairman. All of these | 14 | | hearings shall be open to the public, and any person may submit | 15 | | written statements to the Board in connection with the subject | 16 | | of these hearings. In addition, the Board may permit any person | 17 | | to offer oral testimony.
Any party to a hearing under this | 18 | | subsection may be represented by counsel, make oral or written | 19 | | argument, offer testimony, cross-examine witnesses, or take | 20 | | any combination of those actions. All testimony taken before | 21 | | the Board shall be recorded stenographically. The transcript so | 22 | | recorded and any additional matter accepted for the record | 23 | | shall be open to public inspection, and copies of those | 24 | | materials shall be made available to any person upon payment of | 25 | | the actual cost of reproducing the original. | 26 | | (o) Through December 31, 2019, counties Counties that have |
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| 1 | | entered into a delegation agreement with the Agency pursuant to | 2 | | subsection (r) of Section 4 of the Illinois Environmental | 3 | | Protection Act for the purpose of conducting inspection, | 4 | | investigation, or enforcement-related functions may conduct | 5 | | inspections for noncompliance with this Act. | 6 | | (Source: P.A. 98-714, eff. 7-16-14; 99-13, eff. 7-10-15.) | 7 | | (415 ILCS 150/30) | 8 | | Sec. 30. Manufacturer responsibilities. | 9 | | (a) Prior to April 1, 2009 for the first program year, and | 10 | | by October 1 for program year 2011 and each program year | 11 | | thereafter, through program year 2018, manufacturers who sell | 12 | | computers, computer monitors, printers, televisions, | 13 | | electronic keyboards, facsimile machines, videocassette | 14 | | recorders, portable digital music players, digital video disc | 15 | | players, video game consoles, electronic mice, scanners, | 16 | | digital converter boxes, cable receivers, satellite receivers, | 17 | | digital video disc recorders, or small-scale servers in this | 18 | | State must register with the Agency. The registration must be | 19 | | submitted in the form and manner required by the Agency. The | 20 | | registration must include, without limitation, all of the | 21 | | following: | 22 | | (1) a list of all of the manufacturer's brands of | 23 | | computers, computer monitors, printers, televisions, | 24 | | electronic keyboards, facsimile machines, videocassette | 25 | | recorders, portable digital music players, digital video |
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| 1 | | disc players, video game consoles, electronic mice, | 2 | | scanners, digital converter boxes, cable receivers, | 3 | | satellite receivers, digital video disc recorders, and | 4 | | small-scale servers to be offered for sale in the next | 5 | | program year; | 6 | | (2) (blank); and | 7 | | (3) a statement disclosing whether any of the | 8 | | manufacturer's computers, computer monitors, printers, | 9 | | televisions, electronic keyboards, facsimile machines, | 10 | | videocassette recorders, portable digital music players, | 11 | | digital video disc players, video game consoles, | 12 | | electronic mice, scanners, digital converter boxes, cable | 13 | | receivers, satellite receivers, digital video disc | 14 | | recorders, or small-scale servers sold in this State exceed | 15 | | the maximum concentration values established for lead, | 16 | | mercury, cadmium, hexavalent chromium, polybrominated | 17 | | biphenyls (PBBs), and polybrominated diphenyl ethers | 18 | | (PBDEEs) under the RoHS (restricting the use of certain | 19 | | hazardous substances in electrical and electronic | 20 | | equipment) Directive 2002/95/EC of the European Parliament | 21 | | and Council and any amendments thereto and, if so, an | 22 | | identification of the aforementioned electronic device | 23 | | that exceeds the directive. | 24 | | If, during the program year, any of the manufacturer's | 25 | | aforementioned electronic devices are sold or offered for sale | 26 | | in Illinois under a new brand that is not listed in the |
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| 1 | | manufacturer's registration, then, within 30 days after the | 2 | | first sale or offer for sale under the new brand, the | 3 | | manufacturer must amend its registration to add the new brand. | 4 | | (b) Prior to July 1, 2009 for the first program year, and | 5 | | by the November 1 preceding each program year thereafter, | 6 | | through program year 2018 years 2011 and later , all | 7 | | manufacturers whose computers, computer monitors, printers, | 8 | | televisions, electronic keyboards, facsimile machines, | 9 | | videocassette recorders, portable digital music players, | 10 | | digital video disc players, video game consoles, electronic | 11 | | mice, scanners, digital converter boxes, cable receivers, | 12 | | satellite receivers, digital video disc recorders, or | 13 | | small-scale servers are offered for sale in the State shall | 14 | | submit to the Agency, at an address prescribed by the Agency, | 15 | | the registration fee for the next program year. The | 16 | | registration fee for program year 2010 is $5,000. The | 17 | | registration fee for program year 2011 is $5,000, increased by | 18 | | the applicable inflation factor as described below. In program | 19 | | year 2012, if, in program year 2011, a manufacturer sold 250 or | 20 | | fewer of the aforementioned electronic devices in the State, | 21 | | then the registration fee for that manufacturer is $1,250. In | 22 | | each program year after 2012, if, in the preceding program | 23 | | year, a manufacturer sold 250 or fewer of the aforementioned | 24 | | electronic devices in the State, then the registration fee is | 25 | | the fee that applied in the previous year to manufacturers that | 26 | | sold that number of the aforementioned electronic devices, |
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| 1 | | increased by the applicable inflation factor as described | 2 | | below. In program year 2012, if, in the preceding program year | 3 | | a manufacturer sold 251 or more of the aforementioned | 4 | | electronic devices in the State, then the registration fee for | 5 | | that manufacturer is $5,000. In each program year after 2012 | 6 | | through program year 2018 , if, in the preceding program year, a | 7 | | manufacturer sold 251 or more of the aforementioned electronic | 8 | | devices in the State, then the registration fee is the fee that | 9 | | applied in the previous year to manufacturers that sold that | 10 | | number of the aforementioned electronic devices, increased by | 11 | | the applicable inflation factor as described below. For program | 12 | | year 2011, program year 2013, and each program year thereafter, | 13 | | through program year 2018, the applicable registration fee is | 14 | | increased each year by an inflation factor determined by the | 15 | | annual Implicit Price Deflator for Gross National Product, as | 16 | | published by the U.S. Department of Commerce in its Survey of | 17 | | Current Business. The inflation factor must be calculated each | 18 | | year by dividing the latest published annual Implicit Price | 19 | | Deflator for Gross National Product by the annual Implicit | 20 | | Price Deflator for Gross National Product for the previous | 21 | | year. The inflation factor must be rounded to the nearest | 22 | | 1/100th, and the resulting registration fee must be rounded to | 23 | | the nearest whole dollar. No later than October 1 of each | 24 | | program year, through October 1, 2017, the Agency shall post on | 25 | | its website the registration fee for the next program year. | 26 | | (c) Through program year 2018, a A manufacturer whose |
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| 1 | | computers, computer monitors, printers, televisions, | 2 | | electronic keyboards, facsimile machines, videocassette | 3 | | recorders, portable digital music players, digital video disc | 4 | | players, video game consoles, electronic mice, scanners, | 5 | | digital converter boxes, cable receivers, satellite receivers, | 6 | | digital video disc recorders, or small-scale servers are sold | 7 | | or offered for sale in this State on or after January 1 of a | 8 | | program year must register with the Agency within 30 days after | 9 | | the first sale or offer for sale in accordance with subsection | 10 | | (a) of this Section and submit the registration fee required | 11 | | under subsection (b) of this Section prior to the | 12 | | aforementioned electronic devices being sold or offered for | 13 | | sale. | 14 | | (d) Through program year 2018, each Each manufacturer shall | 15 | | recycle or process for reuse CEDs and EEDs whose total weight | 16 | | equals or exceeds the manufacturer's individual recycling and | 17 | | reuse goal set forth in Section 15 of this Act. Individual | 18 | | consumers shall not be charged a fee when bringing their CEDs | 19 | | and EEDs to collection locations, unless a financial incentive | 20 | | of equal or greater value, such as a coupon, is provided. | 21 | | Collectors may charge a fee for premium services such as | 22 | | curbside collection, home pick-up, or a similar method of | 23 | | collection. | 24 | | When determining whether a manufacturer has met or exceeded | 25 | | its individual recycling and reuse goal set forth in Section 15 | 26 | | of this Act, all of the following adjustments must be made: |
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| 1 | | (1) The total weight of CEDs processed by the | 2 | | manufacturer, its recyclers, or its refurbishers for reuse | 3 | | is doubled. | 4 | | (2) The total weight of CEDs is tripled if they are | 5 | | donated for reuse by the manufacturer to a primary or | 6 | | secondary public education institution the majority of | 7 | | whose students are considered low income or | 8 | | developmentally disabled or to low-income children or | 9 | | families or to assist the developmentally disabled in | 10 | | Illinois. This subsection applies only to CEDs for which | 11 | | the manufacturer has received a written confirmation that | 12 | | the recipient has accepted the donation. Copies of all | 13 | | written confirmations must be submitted in the annual | 14 | | report required under Section 30. | 15 | | (3) The total weight of CEDs collected by manufacturers | 16 | | free of charge in underserved counties is doubled. This | 17 | | subsection applies only to CEDs that are documented by | 18 | | collectors as being collected or received free of charge in | 19 | | underserved counties. This documentation must include, | 20 | | without limitation, the date and location of collection or | 21 | | receipt, the weight of the CEDs collected or received, and | 22 | | an acknowledgement by the collector that the CEDs were | 23 | | collected or received free of charge. Copies of the | 24 | | documentation must be submitted in the annual report | 25 | | required under subsection (h), (i), (j), (k), or (l) of | 26 | | Section 30. |
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| 1 | | (4) If an entity (i) collects, recycles, or refurbishes | 2 | | CEDs for a manufacturer, (ii) qualifies for non-profit | 3 | | status under Section 501(c)(3) of the Internal Revenue Code | 4 | | of 1986, and (iii) at least 75% of its employees are | 5 | | developmentally disabled, then the total weight of CEDs | 6 | | will be tripled. A manufacturer that uses such a recycler | 7 | | or refurbisher shall submit documentation in the annual | 8 | | report required under Section 30 identifying the name, | 9 | | location, and length of service of the entity that | 10 | | qualifies for credit under this subsection. | 11 | | (e) (Blank). | 12 | | (f) Through program year 2018, manufacturers Manufacturers | 13 | | shall ensure that only recyclers and refurbishers that have | 14 | | registered with the Agency are used to meet the individual | 15 | | recycling and reuse goals set forth in this Act. | 16 | | (g) Through program year 2018, manufacturers Manufacturers | 17 | | shall ensure that the recyclers and refurbishers used to meet | 18 | | the individual recycling and reuse goals set forth in this Act | 19 | | shall, at a minimum, comply with the standards set forth under | 20 | | subsection (d) of Section 50 of this Act. By November 1, 2011 | 21 | | and every November 1 thereafter, through November 1, 2017, | 22 | | manufacturers shall submit a document, as prescribed by the | 23 | | Agency, listing each registered recycler and refurbisher that | 24 | | will be used to meet the manufacturer's annual CED recycling | 25 | | and reuse goal and certifying that those recyclers or | 26 | | refurbishers comply with the standards set forth in subsection |
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| 1 | | (d) of Section 50. | 2 | | (h) By September 1, 2012 and every September 1 thereafter, | 3 | | through September 1, 2017, manufacturers of computers, | 4 | | computer monitors, printers, televisions, electronic | 5 | | keyboards, facsimile machines, videocassette recorders, | 6 | | portable digital music players, digital video disc players, | 7 | | video game consoles, electronic mice, scanners, digital | 8 | | converter boxes, cable receivers, satellite receivers, digital | 9 | | video disc recorders, or small-scale servers shall submit to | 10 | | the Agency, in the form and manner required by the Agency, a | 11 | | report that contains the total weight of the aforementioned | 12 | | electronic devices sold under each of the manufacturer's brands | 13 | | to individuals in this State as calculated under subsection (c) | 14 | | and (c-5) of Section 15, as applicable. Each manufacturer shall | 15 | | indicate on the report whether the total weight of the | 16 | | aforementioned electronic devices was derived from its own | 17 | | sales records or national sales data. If a manufacturer's | 18 | | weight for aforementioned electronic devices is derived from | 19 | | national sales data, the manufacturer shall indicate the source | 20 | | of the sales data. | 21 | | (i) (Blank). | 22 | | (j) (Blank). | 23 | | (k) (Blank). | 24 | | (l) On or before January 31, 2013 and on or before every | 25 | | January 31 thereafter, through January 31, 2019, manufacturers | 26 | | of computers, computer monitors, printers, televisions, |
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| 1 | | electronic keyboards, facsimile machines, videocassette | 2 | | recorders, portable digital music players, digital video disc | 3 | | players, video game consoles, electronic mice, scanners, | 4 | | digital converter boxes, cable receivers, satellite receivers, | 5 | | digital video disc recorders, and small-scale servers shall | 6 | | submit to the Agency, on forms and in a format prescribed by | 7 | | the Agency, a report that contains all of the following | 8 | | information for the previous program year: | 9 | | (1) The total weight of computers, the total weight of | 10 | | computer monitors, the total weight of printers, facsimile | 11 | | machines, and scanners, the total weight of televisions, | 12 | | the total weight of the remaining CEDs, and the total | 13 | | weight of EEDs recycled or processed for reuse. | 14 | | (2) The identification of all weights that are adjusted | 15 | | under subsection (d) of this Section. For all weights | 16 | | adjusted under item (2) of subsection (d), the manufacturer | 17 | | must include copies of the written confirmation required | 18 | | under that subsection. | 19 | | (3) A list of each recycler, refurbisher, and collector | 20 | | used by the manufacturer to fulfill the manufacturer's | 21 | | individual recycling and reuse goal set forth in | 22 | | subsections (c) and (c-5) of Section 15 of this Act. | 23 | | (4) A summary of the manufacturer's consumer education | 24 | | program required under subsection (m) of this Section. | 25 | | (m) Through program year 2018, manufacturers Manufacturers | 26 | | must develop and maintain a consumer education program that |
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| 1 | | complements and corresponds to the primary retailer-driven | 2 | | campaign required under Section 40 of this Act. The education | 3 | | program shall promote the recycling of electronic products and | 4 | | proper end-of-life management of the products by consumers. | 5 | | (n) Beginning January 1, 2012, and through December 31, | 6 | | 2018, no manufacturer may sell a computer, computer monitor, | 7 | | printer, television, electronic keyboard, facsimile machine, | 8 | | videocassette recorder, portable digital music player, digital | 9 | | video disc player, video game console, electronic mouse, | 10 | | scanner, digital converter box, cable receiver, satellite | 11 | | receiver, digital video disc recorder, or small-scale server in | 12 | | this State unless the manufacturer is registered with the State | 13 | | as required under this Act, has paid the required registration | 14 | | fee, and is otherwise in compliance with the provisions of this | 15 | | Act. | 16 | | (o) Beginning January 1, 2012, and through December 31, | 17 | | 2018, no manufacturer may sell a computer, computer monitor, | 18 | | printer, television, electronic keyboard, facsimile machine, | 19 | | videocassette recorder, portable digital music player, digital | 20 | | video disc player, video game console, electronic mouse, | 21 | | scanner, digital converter box, cable receiver, satellite | 22 | | receiver, digital video disc recorder, or small-scale server in | 23 | | this State unless the manufacturer's brand name is permanently | 24 | | affixed to, and is readily visible on, the computer, computer | 25 | | monitor, printer, or television. | 26 | | (Source: P.A. 97-287, eff. 8-10-11; 98-714, eff. 7-16-14.) |
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| 1 | | (415 ILCS 150/40) | 2 | | Sec. 40. Retailer responsibilities. | 3 | | (a) Through program year 2018, retailers Retailers shall be | 4 | | a primary source of information about end-of-life options to | 5 | | residential consumers of computers, computer monitors, | 6 | | printers, and televisions. At the time of sale, the retailer | 7 | | shall provide each residential consumer with information from | 8 | | the Agency's website that provides information detailing where | 9 | | and how a consumer can recycle a CED or return a CED for reuse. | 10 | | (b) Beginning January 1, 2010, and through December 31, | 11 | | 2018, no retailer may sell or offer for sale any computer, | 12 | | computer monitor, printer, or television in or for delivery | 13 | | into this State unless: | 14 | | (1) the computer, computer monitor, printer, or | 15 | | television is labeled with a brand and the label is
| 16 | | permanently affixed and readily visible; and | 17 | | (2) the manufacturer is registered with the Agency and | 18 | | has paid the required registration fee as required under | 19 | | Section 20 of this Act. | 20 | | This subsection (b) does not apply to any computer, computer | 21 | | monitor, printer, or television that was purchased prior to | 22 | | January 1, 2010. | 23 | | (c) By July 1, 2009, retailers shall report to each | 24 | | television manufacturer, by model, the number of televisions | 25 | | sold at retail to individuals in this State under each of the |
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| 1 | | manufacturer's brands during the 6-month period from October 1, | 2 | | 2008 through March 31, 2009. | 3 | | (d) (Blank). | 4 | | (e) (Blank). | 5 | | (f) Notwithstanding any other provision in this Act, a | 6 | | retailer may collect a fee for any CED or EED accepted. | 7 | | (Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.) | 8 | | (415 ILCS 150/50)
| 9 | | Sec. 50. Recycler and refurbisher registration. | 10 | | (a) Prior to January 1 of each program year, through | 11 | | program year 2018, each recycler and refurbisher must register | 12 | | with the Agency and submit a registration fee pursuant to | 13 | | subsection (b) for that program year. Registration must be on | 14 | | forms and in a format prescribed by the Agency and shall | 15 | | include, but not be limited to, the address of each location | 16 | | where the recycler or refurbisher manages CEDs or EEDs and | 17 | | identification of each location at which the recycler or | 18 | | refurbisher accepts CEDs or EEDs from a residence. | 19 | | (b) The registration fee for program year 2010 is $2,000. | 20 | | For program year 2011, if a recycler's or refurbisher's annual | 21 | | combined total weight of CEDs and EEDs is less than 1,000 tons | 22 | | per year, the registration fee shall be $500. For program year | 23 | | 2012 and for all subsequent program years, through program year | 24 | | 2018, both registration fees shall be increased each year by an | 25 | | inflation factor determined by the annual Implicit Price |
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| 1 | | Deflator for Gross National Product as published by the U.S. | 2 | | Department of Commerce in its Survey of Current Business. The | 3 | | inflation factor must be calculated each year by dividing the | 4 | | latest published annual Implicit Price Deflator for Gross | 5 | | National Product by the annual Implicit Price Deflator for | 6 | | Gross National Product for the previous year. The inflation | 7 | | factor must be rounded to the nearest 1/100th, and the | 8 | | resulting registration fee must be rounded to the nearest whole | 9 | | dollar. No later than October 1 of each program year, through | 10 | | October 1, 2017, the Agency shall post on its website the | 11 | | registration fee for the next program year. | 12 | | (c) Through program year 2018, no No person may act as a | 13 | | recycler or a refurbisher of CEDs for a manufacturer obligated | 14 | | to meet goals under this Act unless the recycler or refurbisher | 15 | | is registered with the Agency and has paid the registration fee | 16 | | as required under this Section. Beginning in program year 2016, | 17 | | and through program year 2018, all recycling or refurbishing | 18 | | facilities used by collectors of CEDs and EEDs shall be | 19 | | accredited by the Responsible Recycling (R2) Practices or | 20 | | e-Stewards certification programs or any other equivalent | 21 | | certification programs recognized by the United States | 22 | | Environmental Protection Agency. Manufacturers of CEDs and | 23 | | EEDs shall ensure that recycling or refurbishing facilities | 24 | | used as part of their recovery programs meet this requirement. | 25 | | (c-5) Through program year 2018, a A registered recycler or | 26 | | refurbisher of CEDs and EEDs for a manufacturer obligated to |
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| 1 | | meet goals under this Act may not charge individual consumers | 2 | | or units of local government acting as collectors a fee to | 3 | | recycle or refurbish CEDs and EEDs, unless the recycler or | 4 | | refurbisher provides (i) a financial incentive, such as a | 5 | | coupon, that is of greater or equal value to the fee being | 6 | | charged or (ii) premium service, such as curbside collection, | 7 | | home pick-up, or similar methods of collection. Local units of | 8 | | government serving as collectors of CEDs and EEDs shall not | 9 | | charge a manufacturer for collection costs and shall offer the | 10 | | manufacturer or its representative all CEDs and EEDs collected | 11 | | by the local government at no cost. Nothing in this Act | 12 | | requires a local unit of government to serve as a collector. | 13 | | (c-10) Nothing in this Act prohibits any waste hauler from | 14 | | entering into a contractual agreement with a unit of local | 15 | | government to establish a collection program for the recycling | 16 | | or reuse of CEDs or EEDs, including services such as curbside | 17 | | collection, home pick-up, drop-off locations, or similar | 18 | | methods of collection. | 19 | | (d) Through program year 2018, recyclers Recyclers and | 20 | | refurbishers must, at a minimum, comply with all of the | 21 | | following: | 22 | | (1) Recyclers and refurbishers must comply with | 23 | | federal, State, and local laws and regulations, including | 24 | | federal and State minimum wage laws, specifically relevant | 25 | | to the handling, processing, refurbishing and recycling of | 26 | | residential CEDs and must have proper authorization by all |
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| 1 | | appropriate governing authorities to perform the handling, | 2 | | processing, refurbishment, and recycling. | 3 | | (2) Recyclers and refurbishers must implement the | 4 | | appropriate measures to safeguard occupational and | 5 | | environmental health and safety, through the following: | 6 | | (A) environmental health and safety training of | 7 | | personnel, including training with regard to material | 8 | | and equipment handling, worker exposure, controlling | 9 | | releases, and safety and emergency procedures; | 10 | | (B) an up-to-date, written plan for the | 11 | | identification and management of hazardous materials; | 12 | | and | 13 | | (C) an up-to-date, written plan for reporting and | 14 | | responding to exceptional pollutant releases, | 15 | | including emergencies such as accidents, spills, | 16 | | fires, and explosions. | 17 | | (3) Recyclers and refurbishers must maintain (i) | 18 | | commercial general liability insurance or the equivalent | 19 | | corporate guarantee for accidents and other emergencies | 20 | | with limits of not less than $1,000,000 per occurrence and | 21 | | $1,000,000 aggregate and (ii) pollution legal liability | 22 | | insurance with limits not less than $1,000,000 per | 23 | | occurrence for companies engaged solely in the dismantling | 24 | | activities and $5,000,000 per occurrence for companies | 25 | | engaged in recycling. | 26 | | (4) Recyclers and refurbishers must maintain on file |
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| 1 | | documentation that demonstrates the completion of an | 2 | | environmental health and safety audit completed and | 3 | | certified by a competent internal and external auditor | 4 | | annually. A competent auditor is an individual who, through | 5 | | professional training or work experience, is appropriately | 6 | | qualified to evaluate the environmental health and safety | 7 | | conditions, practices, and procedures of the facility. | 8 | | Documentation of auditors' qualifications must be | 9 | | available for inspection by Agency officials and | 10 | | third-party auditors. | 11 | | (5) Recyclers and refurbishers must maintain on file | 12 | | proof of workers' compensation and employers' liability | 13 | | insurance. | 14 | | (6) Recyclers and refurbishers must provide adequate | 15 | | assurance (such as bonds or corporate guarantee) to cover | 16 | | environmental and other costs of the closure of the | 17 | | recycler or refurbisher's facility, including cleanup of | 18 | | stockpiled equipment and materials. | 19 | | (7) Recyclers and refurbishers must apply due | 20 | | diligence principles to the selection of facilities to | 21 | | which components and materials (such as plastics, metals, | 22 | | and circuit boards) from CEDs and EEDs are sent for reuse | 23 | | and recycling. | 24 | | (8) Recyclers and refurbishers must establish a | 25 | | documented environmental management system that is | 26 | | appropriate in level of detail and documentation to the |
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| 1 | | scale and function of the facility, including documented | 2 | | regular self-audits or inspections of the recycler or | 3 | | refurbisher's environmental compliance at the facility. | 4 | | (9) Recyclers and refurbishers must use the | 5 | | appropriate equipment for the proper processing of | 6 | | incoming materials as well as controlling environmental | 7 | | releases to the environment. The dismantling operations | 8 | | and storage of CED and EED components that contain | 9 | | hazardous substances must be conducted indoors and over | 10 | | impervious floors. Storage areas must be adequate to hold | 11 | | all processed and unprocessed inventory. When heat is used | 12 | | to soften solder and when CED and EED components are | 13 | | shredded, operations must be designed to control indoor and | 14 | | outdoor hazardous air emissions. | 15 | | (10) Recyclers and refurbishers must establish a | 16 | | system for identifying and properly managing components | 17 | | (such as circuit boards, batteries, CRTs, and mercury | 18 | | phosphor lamps) that are removed from CEDs and EEDs during | 19 | | disassembly. Recyclers and refurbishers must properly | 20 | | manage all hazardous and other components requiring | 21 | | special handling from CEDs and EEDs consistent with | 22 | | federal, State, and local laws and regulations. Recyclers | 23 | | and refurbishers must provide visible tracking (such as | 24 | | hazardous waste manifests or bills of lading) of hazardous | 25 | | components and materials from the facility to the | 26 | | destination facilities and documentation (such as |
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| 1 | | contracts) stating how the destination facility processes | 2 | | the materials received. No recycler or refurbisher may | 3 | | send, either directly or through intermediaries, hazardous | 4 | | wastes to solid waste (non-hazardous waste) landfills or to | 5 | | non-hazardous waste incinerators for disposal or energy | 6 | | recovery. For the purpose of these guidelines, smelting of | 7 | | hazardous wastes to recover metals for reuse in conformance | 8 | | with all applicable laws and regulations is not considered | 9 | | disposal or energy recovery. | 10 | | (11) Recyclers and refurbishers must use a regularly | 11 | | implemented and documented monitoring and record-keeping | 12 | | program that tracks inbound CED and EED material weights | 13 | | (total) and subsequent outbound weights (total to each | 14 | | destination), injury and illness rates, and compliance | 15 | | with applicable permit parameters including monitoring of | 16 | | effluents and emissions. Recyclers and refurbishers must | 17 | | maintain contracts or other documents, such as sales | 18 | | receipts, suitable to demonstrate: (i) the reasonable | 19 | | expectation that there is a downstream market or uses for | 20 | | designated electronics (which may include recycling or | 21 | | reclamation processes such as smelting to recover metals | 22 | | for reuse); and (ii) that any residuals from recycling or | 23 | | reclamation processes, or both, are properly handled and | 24 | | managed to maximize reuse and recycling of materials to the | 25 | | extent practical. | 26 | | (12) Recyclers and refurbishers must comply with |
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| 1 | | federal and international law and agreements regarding the | 2 | | export of used products or materials. In the case of | 3 | | exports of CEDs and EEDs, recyclers and refurbishers must | 4 | | comply with applicable requirements of the U.S. and of the | 5 | | import and transit countries and must maintain proper | 6 | | business records documenting its compliance. No recycler | 7 | | or refurbisher may establish or use intermediaries for the | 8 | | purpose of circumventing these U.S. import and transit | 9 | | country requirements. | 10 | | (13) Recyclers and refurbishers that conduct | 11 | | transactions involving the transboundary shipment of used | 12 | | CEDs and EEDs shall use contracts (or the equivalent | 13 | | commercial arrangements) made in advance that detail the | 14 | | quantity and nature of the materials to be shipped. For the | 15 | | export of materials to a foreign country (directly or | 16 | | indirectly through downstream market contractors): (i) the | 17 | | shipment of intact televisions and computer monitors | 18 | | destined for reuse must include only whole products that | 19 | | are tested and certified as being in working order or | 20 | | requiring only minor repair (e.g. not requiring the | 21 | | replacement of circuit boards or CRTs), must be destined | 22 | | for reuse with respect to the original purpose, and the | 23 | | recipient must have verified a market for the sale or | 24 | | donation of such product for reuse; (ii) the shipments of | 25 | | CEDs and EEDs for material recovery must be prepared in a | 26 | | manner for recycling, including, without limitation, |
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| 1 | | smelting where metals will be recovered, plastics recovery | 2 | | and glass-to-glass recycling; or (iii) the shipment of CEDs | 3 | | and EEDs are being exported to companies or facilities that | 4 | | are owned or controlled by the original equipment | 5 | | manufacturer. | 6 | | (14) Recyclers and refurbishers must maintain the | 7 | | following export records for each shipment on file for a | 8 | | minimum of 3 years: (i) the facility name and the address | 9 | | to which shipment is exported; (ii) the shipment contents | 10 | | and volumes; (iii) the intended use of contents by the | 11 | | destination facility; (iv) any specification required by | 12 | | the destination facility in relation to shipment contents; | 13 | | (v) an assurance that all shipments for export, as | 14 | | applicable to the CED manufacturer, are legal and satisfy | 15 | | all applicable laws of the destination country. | 16 | | (15) Recyclers and refurbishers must employ | 17 | | industry-accepted procedures for the destruction or | 18 | | sanitization of data on hard drives and other data storage | 19 | | devices. Acceptable guidelines for the destruction or | 20 | | sanitization of data are contained in the National | 21 | | Institute of Standards and Technology's Guidelines for | 22 | | Media Sanitation or those guidelines certified by the | 23 | | National Association for Information Destruction; | 24 | | (16) No recycler or refurbisher may employ prison labor | 25 | | in any operation related to the collection, | 26 | | transportation, recycling, and refurbishment of CEDs and |
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| 1 | | EEDs. No recycler or refurbisher may employ any third party | 2 | | that uses or subcontracts for the use of prison labor.
| 3 | | (Source: P.A. 99-13, eff. 7-10-15.) | 4 | | (415 ILCS 150/55)
| 5 | | Sec. 55. Collector responsibilities. | 6 | | (a) No later than January 1 of each program year, through | 7 | | program year 2018, collectors that collect or receive CEDs or | 8 | | EEDs for one or more manufacturers, recyclers, or refurbishers | 9 | | shall register with the Agency. Registration must be in the | 10 | | form and manner required by the Agency and must include, | 11 | | without limitation, the address of each location where CEDs or | 12 | | EEDs are received and the identification of each location at | 13 | | which the collector accepts CEDs or EEDs from a residence. | 14 | | Beginning January 1, 2016, and through December 31, 2018, | 15 | | collectors shall work only with certified recyclers and | 16 | | refurbishers as provided in subsection (c) of Section 50 of | 17 | | this Act. | 18 | | (b) Through program year 2018, manufacturers | 19 | | Manufacturers , recyclers, refurbishers also acting as | 20 | | collectors shall so indicate on their registration under | 21 | | Section 30 or 50 and not register separately as collectors. | 22 | | (c) No later than August 15, 2010, collectors must submit | 23 | | to the Agency, on forms and in a format prescribed by the | 24 | | Agency, a report for the period from January 1, 2010 through | 25 | | June 30, 2010 that contains the following information: the |
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| 1 | | total weight of computers, the total weight of computer | 2 | | monitors, the total weight of printers, the total weight of | 3 | | televisions, and the total weight of EEDs collected or received | 4 | | for each manufacturer. | 5 | | (d) By January 31 of each program year, through January 31, | 6 | | 2019, collectors must submit to the Agency, on forms and in a | 7 | | format prescribed by the Agency, a report that contains the | 8 | | following information for the previous program year: | 9 | | (1) The total weight of computers, the total weight of | 10 | | computer monitors, the total weight of printers, facsimile | 11 | | machines, and scanners, the total weight of televisions, | 12 | | the total weight of the remaining CEDs collected, and the | 13 | | total weight of EEDs collected or received for each | 14 | | manufacturer during the previous program year. | 15 | | (2) A list of each recycler and refurbisher that | 16 | | received CEDs and EEDs from the collector and the total | 17 | | weight each recycler and refurbisher received. | 18 | | (3) The address of each collector's facility where the | 19 | | CEDs and EEDs were collected or received. Each facility | 20 | | address must include the county in which the facility is | 21 | | located. | 22 | | (e) Through program year 2018, collectors Collectors may | 23 | | accept no more than 10 CEDs or EEDs at one time from individual | 24 | | members of the public and, when scheduling collection events, | 25 | | shall provide no fewer than 30 days' notice to the county waste | 26 | | agency of those events.
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| 1 | | (f) Through program year 2018, no No collector of CEDs and | 2 | | EEDs may recycle, or refurbish for reuse or resale, CEDs or | 3 | | EEDs to a third party unless the collector registers as a | 4 | | recycler or refurbisher pursuant to Section 50 and pays the | 5 | | registration fee pursuant to Section 50. | 6 | | (Source: P.A. 98-714, eff. 7-16-14; 99-13, eff. 7-10-15.) | 7 | | (415 ILCS 150/60)
| 8 | | Sec. 60. Collection strategy for underserved counties. | 9 | | (a) For program year 2010 and 2011, all counties in this | 10 | | State except the following are considered underserved: | 11 | | Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock, | 12 | | Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston, | 13 | | Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock | 14 | | Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren, | 15 | | Will, Williamson, and Winnebago. | 16 | | (b) For program year 2012 and each program year thereafter , | 17 | | through program year 2018, underserved counties shall be those | 18 | | counties within the State of Illinois with a population density | 19 | | of 190 persons or less per square mile based on the most recent | 20 | | U.S. Census population estimate.
| 21 | | (Source: P.A. 97-287, eff. 8-10-11.) | 22 | | (415 ILCS 150/85)
| 23 | | Sec. 85. Electronics Recycling Fund. The Electronics | 24 | | Recycling Fund is created as a special fund in the State |
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| 1 | | treasury. The Agency shall deposit all registration fees | 2 | | received under this Act into the Fund. All amounts held in the | 3 | | Fund shall be invested at interest by the State Treasurer. All | 4 | | income earned from the investments shall be deposited into the | 5 | | Electronics Recycling Fund no less frequently than quarterly. | 6 | | Pursuant to appropriation, all moneys in the Electronics | 7 | | Recycling Fund may be used by the Agency for its administration | 8 | | of this Act and the Consumer Electronics Recycling Act . Any | 9 | | moneys appropriated from the Electronics Recycling Fund, but | 10 | | not obligated, shall revert to the Fund. On July 1, 2018, the | 11 | | Comptroller shall order transferred, and the Treasurer shall | 12 | | transfer, all unexpended moneys in the Electronics Recycling | 13 | | Fund into the Solid Waste Management Fund. On December 31, | 14 | | 2019, the Comptroller shall order transferred, and the | 15 | | Treasurer shall transfer, any remaining balance in the | 16 | | Electronics Recycling Fund into the Solid Waste Management | 17 | | Fund.
| 18 | | (Source: P.A. 95-959, eff. 9-17-08.) | 19 | | (415 ILCS 150/100 new) | 20 | | Sec. 100. Repeal. This Act is repealed on January 1, 2019. | 21 | | ARTICLE 98. SEVERABILITY | 22 | | Section 98-5. Severability. The provisions of this Act are | 23 | | severable under Section 1.31 of the Statute on Statutes. |
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| 1 | | ARTICLE 99. EFFECTIVE DATE
| 2 | | Section 99-999. Effective date. This Act takes effect upon | 3 | | becoming law, except that Section 5-5 takes effect on January | 4 | | 1, 2020.
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