(415 ILCS 98/15)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15. Mercury thermostat collection programs.
(a) Each thermostat manufacturer shall, individually or collectively with other thermostat manufacturers, establish and maintain a collection program for the collection, transportation, and proper management of out-of-service mercury thermostats in accordance with the provisions of this Act.
(b) Each thermostat manufacturer shall, individually or collectively with other thermostat manufacturers through a collection program, do the following:
(1) On and after January 1, 2011, compile a list of
thermostat wholesalers in the State and offer each thermostat wholesaler containers for the collection of out-of-service mercury thermostats.
(2) On and after January 1, 2011, make collection
containers available to all qualified contractors, thermostat wholesalers, thermostat retailers, and qualified local government authorities in this State that request a container. Each thermostat manufacturer shall with each container include information regarding the proper management of out-of-service mercury thermostats as universal waste in accordance with the collection program and Board's rules.
(3) Establish a system to collect, transport, and
properly manage out-of-service mercury thermostats from all collection sites established under this Section.
(4) Not include any fees or other charges to persons
participating in the program, except that each thermostat wholesaler, qualified contractor, qualified local government authority, or thermostat retailer that is provided with one or more collection containers may be charged a one-time program administration fee not to exceed $75 per collection container.
(5) From January 1, 2011, through December 31, 2013,
conduct education and outreach efforts, including, but not limited to the following:
(A) create a public service announcement
promoting collection and proper management of out-of-service mercury thermostats, copies of which shall be provided to the Agency;
(B) establish and maintain a publicly accessible
website for the dissemination of educational materials to promote the collection of out-of-service mercury thermostats. This website shall include templates of the educational materials on the Internet website in a form and format that can be easily downloaded and printed. The link to this website shall be provided to the Agency;
(C) contact thermostat wholesalers at least once
a year to encourage their support and participation in educating their customers on the importance of and statutory requirements for the collection and proper management of out-of-service mercury thermostats;
(D) develop and implement strategies to encourage
participating thermostat retailers to educate their customers on the importance of and opportunities for collecting and recycling out-of-service mercury thermostats;
(E) create and maintain a web-based program that
allows contractors and consumers to identify collection sites for out-of-service mercury thermostats by zip code in the State;
(F) prepare and mail to contractor associations a
postcard or other notice that provides information on the collection program for out-of-service mercury thermostats; and
(G) develop informational articles, press
releases, and news stories pertaining to the importance of and opportunities for collecting and recycling out-of-service mercury thermostats and distribute those materials to trade publications, local media, and stakeholder groups.
(6) On or before January 1, 2011, develop and update
as necessary educational and other outreach materials for distribution to contractors, contractor associations, and consumers. Those materials shall be made available for use by participating thermostat wholesalers, thermostat retailers, contractors, and qualified local government authorities. The materials shall include, but not be limited to, the following:
(A) signage, such as posters and cling signage,
that can be prominently displayed to promote the collection of out-of-service mercury thermostats to contractors and consumers; and
(B) written materials or templates of materials
for reproduction by thermostat wholesalers and thermostat retailers to be provided to customers at the time of purchase or delivery of a thermostat. The materials shall include, but not be limited to, information on the importance of properly managing out-of-service mercury thermostats and opportunities for the collection of those thermostats.
(7) Provide an opportunity for the Agency and other
interested stakeholders to offer feedback and suggestions on the collection program.
(c) If the collection programs do not collectively achieve the collection goals provided for in Section 25 of this Act for calendar year 2013, 2015 or 2017, thermostat manufacturers shall, individually or collectively, submit to the Agency for review and approval proposed revisions to the collection programs that are designed to achieve the goals in subsequent calendar years. The proposed revisions shall be submitted to the Agency with the annual report required in Section 20 of this Act.
(d) Within 90 days after receipt of the proposed collection program revisions required under subsection (c) of this Section, the Agency shall review and (i) approve, (ii) disapprove, or (iii) approve with modifications the proposed collection program revisions.
(1) The Agency shall approve proposed revisions if
the Agency determines that the revised collection programs will collectively achieve the collection goals set forth in Section 25 of this Act.
(2) If the Agency determines the revised collection
programs will not collectively achieve the collection goals set forth in Section 25 of this Act, the Agency may require modifications to one or more collection programs that the Agency determines are necessary to achieve the collection goals. Modifications required by the Agency may include improvements to outreach and education conducted under the collection program, expansion of the number and location of collection sites established under the program, modification of the roles of participants, and a $5 financial incentive in the form of either cash or a coupon offered by the manufacturer to contractors and consumers for each out-of-service mercury thermostat returned to a collection site.
(3) Prior to issuing any decision under this
subsection (d) the Agency shall consult with thermostat manufacturers and other interested groups.
(4) Thermostat manufacturers shall begin the process
to implement collection program revisions approved by the Agency, with or without modifications, within 90 days after approval.
(5) If the program revisions are disapproved, the
Agency shall notify the thermostat manufacturers in writing as to the reasons for the disapproval. The thermostat manufacturers shall have 35 days to submit a new collection program revision.
(6) Any action by the Agency to disapprove or modify
proposed collection program revisions under this subsection (d) shall be subject to appeal to the Board in the same manner as provided for a permit decision under Section 40 of the Environmental Protection Act.
(Source: P.A. 96-1295, eff. 7-26-10.)
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Last modified: February 18, 2015