| ||||
| Public Act 101-0137 | ||||
| ||||
| ||||
AN ACT concerning safety.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Environmental Protection Act is amended by | ||||
changing Section 22.23 and by adding Section 22.23d as follows:
| ||||
(415 ILCS 5/22.23) (from Ch. 111 1/2, par. 1022.23)
| ||||
Sec. 22.23. Batteries.
| ||||
(a) Beginning September 1, 1990, any person selling | ||||
lead-acid batteries at
retail or offering lead-acid batteries | ||||
for retail sale in this State shall:
| ||||
(1) accept for recycling used lead-acid batteries from | ||||
customers, at the
point of transfer, in a quantity equal to | ||||
the number of new
batteries purchased; and
| ||||
(2) post in a conspicuous place a written notice at | ||||
least 8.5 by 11
inches in size that includes the universal | ||||
recycling symbol and the
following statements: "DO NOT put | ||||
motor vehicle batteries in the trash.";
"Recycle your used | ||||
batteries."; and "State law requires us to accept motor
| ||||
vehicle batteries for recycling, in exchange for new | ||||
batteries purchased.".
| ||||
(b) Any person selling lead-acid batteries at retail in | ||||
this State may
either charge a recycling fee on each new | ||||
lead-acid battery sold
for which the customer does not return a | ||||
used battery to the retailer, or
provide a recycling credit to | ||
each customer who returns a used battery for
recycling at the | ||
time of purchasing a new one.
| ||
(c) Beginning September 1, 1990, no lead-acid battery | ||
retailer
may dispose of a used lead-acid
battery except by | ||
delivering it (1) to a battery wholesaler or its agent,
(2) to | ||
a battery manufacturer, (3) to a collection or recycling | ||
facility that accepts lead-acid batteries,
or (4) to a | ||
secondary lead smelter permitted by either a state or federal
| ||
environmental agency.
| ||
(d) Any person selling lead-acid batteries at wholesale or | ||
offering
lead-acid batteries for sale at wholesale shall accept | ||
for recycling used
lead-acid batteries from customers, at the | ||
point of transfer,
in a quantity equal to the number of new | ||
batteries purchased.
Such used batteries shall be disposed of | ||
as provided in subsection (c).
| ||
(e) A person who accepts used lead-acid batteries for | ||
recycling pursuant
to subsection (a) or (d) shall not allow | ||
such batteries to accumulate for
periods of more than 90 days.
| ||
(f) Beginning September 1, 1990, no person may knowingly | ||
cause or allow:
| ||
(1) the placing of a lead-acid battery into any | ||
container intended for
collection and disposal at a | ||
municipal waste sanitary landfill; or
| ||
(2) the disposal of any lead-acid battery in any | ||
municipal waste
sanitary landfill or incinerator.
| ||
(f-5) Beginning January 1, 2020, no person shall knowingly | ||
mix a lead-acid battery with any other material intended for | ||
collection as a recyclable material by a hauler. | ||
Beginning January 1, 2020, no person shall knowingly place | ||
a lead-acid battery into a container intended for collection by | ||
a hauler for processing at a recycling center. | ||
(g) (Blank).
| ||
(h) For the purpose of this Section:
| ||
"Lead-acid battery" means a battery containing lead and | ||
sulfuric acid
that has a nominal voltage of at least 6 volts | ||
and is intended for use in
motor vehicles.
| ||
"Motor vehicle" includes automobiles, vans, trucks, | ||
tractors, motorcycles
and motorboats.
| ||
(i) (Blank).
| ||
(j) Knowing violation of this Section shall be a petty | ||
offense
punishable by a fine of $100.
| ||
(Source: P.A. 100-621, eff. 7-20-18.)
| ||
(415 ILCS 5/22.23d new) | ||
Sec. 22.23d. Rechargeable batteries. | ||
(a) "Rechargeable battery" means one or more voltaic or | ||
galvanic cells, electrically connected to produce electric | ||
energy, that is designed to be recharged for repeated uses. | ||
"Rechargeable battery" includes, but is not limited to, a | ||
battery containing lithium ion, lithium metal, or lithium | ||
polymer or that uses lithium as an anode or cathode, that is | ||
designed to be recharged for repeated uses. "Rechargeable | ||
battery" does not mean either of the following: | ||
(1) Any dry cell battery that is used as the principal | ||
power source for transportation, including, but not | ||
limited to, automobiles, motorcycles, or boats. | ||
(2) Any battery that is used only as a backup power | ||
source for memory or program instruction storage, | ||
timekeeping, or any similar purpose that requires | ||
uninterrupted electrical power in order to function if the | ||
primary energy supply fails or fluctuates momentarily. | ||
(b) Unless expressly authorized by a recycling collection | ||
program, beginning January 1, 2020 no person shall knowingly | ||
mix a rechargeable battery or any appliance, device, or other | ||
item that contains a rechargeable battery with any other | ||
material intended for collection by a hauler as a recyclable | ||
material. | ||
Unless expressly authorized by a recycling collection | ||
program, beginning January 1, 2020, no person shall knowingly | ||
place a rechargeable battery or any appliance, device, or other | ||
item that contains a rechargeable battery into a container | ||
intended for collection by a hauler for processing at a | ||
recycling center. | ||
(c) The Agency shall include on its website information | ||
regarding the recycling of rechargeable batteries.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||