HB4636 96TH GENERAL ASSEMBLY

LRB096 14555 JDS 29392 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4636

Introduced , by Rep. Richard P. Myers

SYNOPSIS AS INTRODUCED:

415 ILCS 150/95

Amends the Electronic Products Recycling and Reuse Act. Accelerates by one year (from January 1, 2012 to January 1, 2011) the date upon which certain prohibitions regarding the disposal of electronic products take effect. Makes corresponding changes to the period during which county governments and action agencies may petition the Illinois Pollution Control Board for a temporary waiver from these prohibitions and during which the holders of waivers are exempted from enforcement proceedings. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Electronic Products Recycling and Reuse Act is amended by changing Section 95 as follows:

(415 ILCS 150/95)

Sec. 95. Landfill ban.

(a) Except as may be provided pursuant to subsection (e) of this Section, and beginning January 1, 2011 2012, no person may knowingly cause or allow the mixing of a CED, or any other computer, computer monitor, printer, or television with municipal waste that is intended for disposal at a landfill.

(b) Except as may be provided pursuant to subsection (e) of this Section, and beginning January 1, 2011 2012, no person may knowingly cause or allow the disposal of a CED or any other computer, computer monitor, printer, or television in a sanitary landfill.

(c) Beginning January 1, 2011 2012, no person may knowingly cause or allow the mixing of a CED, or any other computer, computer monitor, printer, or television with waste that is intended for disposal by burning or incineration.

(d) Beginning January 1, 2011 2012, no person may knowingly cause or allow the burning or incineration of a CED, or any other computer, computer monitor, printer, or television.

(e) Beginning April 1, 2011 2012 but no later than December 31, 2012 2013, the Illinois Pollution Control Board (Board) is authorized to review temporary CED landfill ban waiver petitions by county governments or municipal joint action agencies (action agencies) and determine whether the respective county's or action agency's jurisdiction may be granted a temporary CED landfill ban waiver due to a lack of funds and a lack of collection opportunities to collect CEDs and EEDs within the county's or action agency's jurisdiction. If the Board grants a waiver under this subsection (e), subsections (a) and (b) of this Section shall not apply to CEDs and EEDs that are taken out of service from residences within the jurisdiction of the county or action agency receiving the waiver and disposed of during the remainder of the program year in which the petition is filed.

(1) The petition from the county or action agency shall include the following:

(A) documentation of the county's or action agency's attempts to gain funding, as well as the total funding obtained, for the collection of CEDs and EEDs in its jurisdiction from manufacturers or other units of government in the State; and

(B) an assessment of other collection opportunities in the county's or action agency's jurisdiction demonstrating insufficient capacity for the anticipated volume of CEDs and EEDs for the remainder of the program year in which the petition is being filed.

(2) In addition to the criteria listed in item (1), the Board shall consider the following additional criteria when reviewing a petition:

(A) total weight of CEDs and EEDs collected in the county's or action agency's jurisdiction during all preceding program years;

(B) total weight of CEDs and EEDs collected in the county's or action agency's jurisdiction during the year in which the petition is filed; and

(C) the projected difference in weight between prior program years and the year in which the petition is filed.

(3) Within 60 days after the filing of the petition with the Board, the Board shall determine, based on the criteria in items (1) and (2), whether a temporary CED landfill ban waiver shall be granted to the respective county or action agency for the remainder of the program year in which the petition is filed. The Board's decision to grant such a waiver shall be based upon a showing by clear and convincing evidence that a county or action agency has a lack of funds and its respective jurisdiction lacks sufficient collection opportunities to collect CEDs and EEDs. If the Board denies the petition for a landfill ban waiver, the Board's order shall be final and immediately appealable to the circuit court having jurisdiction over the petitioner.

(4) Within 5 days after granting a temporary CED landfill ban waiver, the Board shall provide written notice to the Agency of the Board's decision. The notice shall be provided at least 15 days prior to the waiver taking effect.

(5) Any county or action agency granted a temporary CED landfill ban waiver shall, within 7 days after receiving the waiver, inform all solid waste haulers and landfill operators used by the county or action agency for solid waste disposal that a waiver has been granted for the remainder of the program year. The notification shall be provided to the solid waste haulers and landfill operators at least 15 days prior to the waiver taking effect.

(6) Between April 1, 2011 2012 and December 31, 2012 2013, if a temporary CED landfill ban waiver has been granted to a petitioner, no person disposing of a CED shall be subject to any enforcement proceeding unless he or she disposes of the CED with knowledge that the CED is from a county or action agency that has not received a temporary CED landfill ban waiver.

(Source: P.A. 95-959, eff. 9-17-08.)

Section 99. Effective date. This Act takes effect upon becoming law.