Public Act 094-0732
 		





HB5578 Enrolled
LRB094 19563 RSP 55658 b






    AN ACT concerning the environment.

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

 
    Section 1. Short title. This Act may be cited as the 
Mercury Switch Removal Act.
 
    Section 3. Legislative findings. The General Assembly 
finds:
    (a) That switches containing mercury have been used for 
convenience lighting and anti-lock braking systems in vehicles 
sold in the State of Illinois.


    (b) That mercury from the switches may be released into the 
environment when end-of-life vehicles are flattened, crushed, 
baled, shredded, melted, or otherwise processed for recycling.
    (c) That removing mercury switches from end-of-life 
vehicles is an effective way to prevent mercury from being 
released into the environment.


    (d) That it is in the public interest of the residents of 
the State of Illinois to reduce the quantity of mercury 
entering the environment by removing mercury switches from 
end-of-life vehicles.

 
    Section 5. Definitions.  For the purposes of this Act:
    "Agency" means the Environmental Protection Agency.
    "Capture rate" means the number of convenience light 
mercury switches removed from end-of-life vehicles prior to the 
vehicle being flattened, crushed, baled, shredded, or 
otherwise processed for recycling as a percentage of the total 
number of convenience light mercury switches available for 
removal from end-of-life vehicles that are flattened, crushed, 
shredded, or otherwise processed for recycling. 
    "End-of-life vehicle" means any vehicle that is sold, 
given, or otherwise conveyed to a vehicle recycler or scrap 
metal recycler for the purpose of resale of its parts or 
recycling.
    "Manufacturer" means a person who is the last person in the 
production or assembly process of a new motor vehicle that uses 
one or more mercury switches or, in the case of an imported 
vehicle, the importer or domestic distributor of the vehicle. 
"Manufacturer" does not include any person engaged in the 
business of selling new motor vehicles at retail or converting 
or modifying new motor vehicles after the production or 
assembly process.
    "Mercury switch" means each mercury-containing capsule or 
mercury-containing switch assembly that is part of a 
convenience light switch assembly or part of an anti-lock 
braking system assembly installed in a vehicle.  An anti-lock 
braking system assembly may contain more than one mercury 
switch.
    "Person" means any individual, partnership, 
co-partnership, firm, company, limited liability company, 
corporation, association, joint stock company, trust, estate, 
political subdivision, State agency, or any other legal entity, 
or their legal representative, agent, or assigns.
    "Scrap metal recycler" means a person who engages in the 
business of shredding or otherwise processing end-of-life 
vehicles or other scrap metal into prepared grades and whose 
principal product is scrap iron, scrap steel, or nonferrous 
metallic scrap for sale for remelting purposes.
    "Vehicle" means "motor vehicle" as that term is defined in 
the Illinois Vehicle Code, but excluding second division 
vehicles weighing more than 8,000 pounds.
    "Vehicle crusher" means a person, other than a vehicle 
recycler or a scrap metal recycler, who engages in the business 
of flattening, crushing, or otherwise processing end-of-life 
vehicles for recycling. Vehicle crushers include, but are not 
limited to, persons who use fixed or mobile equipment to 
flatten or crush end-of-life vehicles for a vehicle recycler or 
a scrap recycler.
    "Vehicle recycler" means a person who engages in the 
business of acquiring, dismantling, removing parts from, or 
destroying 6 or more end-of-life vehicles in a calendar year 
for the primary purpose of reselling the vehicle parts.
 
    Section 10. Removal requirements. 
    (a) Mercury switches removed from end-of-life vehicles 
must be managed in accordance with the Environmental Protection 
Act and regulations adopted thereunder.  
    (b) No person shall represent that all mercury switches 
have been removed from a vehicle if all mercury switches have 
not been removed from the vehicle, except where a mercury 
switch cannot be removed from the vehicle because the switch is 
inaccessible due to significant damage to the vehicle in the 
area surrounding the switch.


    (c) Consistent with the protection of confidential 
business information, vehicle recyclers, vehicle crushers, and 
scrap metal recyclers that remove mercury switches from 
end-of-life vehicles must maintain records documenting the 
following for each calendar quarter:


        (1) the number of mercury switches the vehicle 
    recycler, vehicle crusher, or scrap metal recycler removed 
    from end-of-life vehicles;


        (2) the number of end-of-life vehicles received by the 
    vehicle recycler, vehicle crusher, or scrap metal recycler 
    that contain one or more mercury switches;
        (3) the number of end-of-life vehicles the vehicle 
    recycler, vehicle crusher, or scrap metal recycler 
    flattened, crushed, shredded, or otherwise processed for 
    recycling; and
        (4) the make and model of each car from which one or 
    more mercury switches was removed by the vehicle recycler, 
    vehicle crusher, or scrap metal recycler.


    The records required under this subsection (c) must be 
retained at the vehicle recycler's or scrap metal recycler's 
place of business for a minimum of 3 years and made available 
for inspection and copying by the Agency during normal business 
hours.


    (d) For the period of July 1, 2006 though June 30, 2007 and 
for each period of July 1 though June 30 thereafter, no later 
than 45 days after the close of the period vehicle recyclers, 
vehicle crushers, and scrap metal recyclers that remove mercury 
switches from end-of-life vehicles must submit to the Agency an 
annual report containing the following information for the 
period: (i) the number of mercury switches the vehicle 
recycler, vehicle crusher, or scrap metal recycler removed from 
end-of-life vehicles; (ii) the number of end-of-life vehicles 
received by the vehicle recycler, vehicle crusher, or scrap 
metal recycler that contain one or more mercury switches, and 
(iii) the number of end-of-life vehicles the vehicle recycler, 
vehicle crusher, or scrap metal recycler flattened, crushed, 
shredded, or otherwise processed for recycling. Data required 
to be reported to the United States Environmental Protection 
Agency under federal law or regulation may be used in meeting 
requirements of this subsection (d), if the data contains the 
information required under items (i), (ii), and (iii) of this 
subsection.

 
    Section 15. Mercury switch collection programs.  
    (a) Within 60 days of the effective date of this Act, 
manufacturers of vehicles in Illinois that contain mercury 
switches must begin to implement  a mercury switch collection 
program that facilitates the removal of  mercury switches from 
end-of-life vehicles prior to the vehicles being flattened, 
crushed, shredded, or otherwise processed for recycling and to 
collect and properly manage   mercury switches in accordance with 
the Environmental Protection Act and regulations adopted 
thereunder.  In order to ensure that the mercury switches are 
removed and collected in a safe and consistent manner, 
manufacturers must, to the extent practicable, use the 
currently available end-of-life vehicle recycling 
infrastructure.  The collection program must be designed to 
achieve capture rates of not less than (i) 35% for the period 
of July 1, 2006, through June 30, 2007; (ii) 50% for the period 
of July 1, 2007, through June 30, 2008; and (iii) 70% for the 
period of July 1, 2008, through June 30, 2009 and for each 
subsequent period of July 1 through June 30.  At a minimum, the 
collection program must:
        (1)        Develop and provide educational materials that 
    include guidance as to which vehicles may contain mercury 
    switches and procedures for locating and removing mercury 
    switches.  The materials may include, but are not limited 
    to, brochures, fact sheets, and videos.
        (2)        Conduct outreach activities to encourage vehicle 
    recyclers and vehicle crushers to participate in the 
    mercury switch collection program.   The activities may 
    include, but are not limited to, direct mailings, 
    workshops, and site visits.




        (3)        Provide storage containers to participating 
    vehicle recyclers and vehicle crushers for mercury 
    switches removed under the program.




        (4)        Provide a collection and transportation system to 
    periodically collect and replace filled storage containers 
    from vehicle recyclers, vehicle crushers, and scrap metal 
    recyclers, either upon notification that a storage 
    container is full or on a schedule predetermined by the 
    manufacturers.
        (5)        Establish an entity that will serve as a point of 
    contact for the collection program and that will establish, 
    implement, and oversee the collection program on behalf of 
    the manufacturers.
        (6)        Track participation in the collection program and 
    the progress of mercury switch removals and collections.

    (b) Within 90 days of the effective date of this Act, 
manufacturers of vehicles in Illinois that contain mercury 
switches must submit to the Agency an implementation plan that 
describes how the collection program under subsection (a) of 
this Section will be carried out for the duration of the 
program and how the program will achieve the capture rates set 
forth in subsection (a) of this Section.  At a minimum, the 
implementation plan must:
        (A)       Identify the educational materials that will 
    assist vehicle recyclers, vehicle crushers, and scrap 
    metal processors in identifying, removing, and properly 
    managing mercury switches removed from end-of-life 
    vehicles.




        (B)       Describe the outreach program that will be 
    undertaken to encourage vehicle recyclers and vehicle 
    crushers to participate in the mercury switch collection 
    program.




        (C)       Describe how the manufacturers will ensure that 
    mercury switches removed from end-of-life vehicles are 
    managed in accordance with the Illinois Environmental 
    Protection Act and regulations adopted thereunder.
        (D)       Describe how the manufacturers will collect and 
    document the information required in the quarterly reports 
    submitted pursuant to subsection (e) of this Section.




        (E)       Describe how the collection program will be 
    financed and implemented.
        (F)       Identify the manufacturer's address to which the 
    Agency should send the notice required under subsection (f) 
    of this Section.

    The Agency shall review the collection program plans it 
receives for completeness and shall notify the manufacturer in 
writing if a plan is incomplete.  Within 30 days after receiving 
a notification of incompleteness from the Agency the 
manufacturer shall submit to the Agency a plan that contains 
all of the required information.  
    (c)        The Agency must provide assistance to manufacturers in 
their implementation of the collection program required under 
this Section.  The assistance shall include providing 
manufacturers with information about businesses likely to be 
engaged in vehicle recycling or vehicle crushing, conducting 
site visits to promote participation in the collection program, 
and assisting with the scheduling, locating, and staffing of 
workshops conducted to encourage vehicle recyclers and vehicle 
crushers to participate in the collection program.
    (d)        Manufacturers subject to the collection program 
requirements of this Section shall provide, to the extent 
practicable, the opportunity for trade associations of vehicle 
recyclers, vehicle crushers, and scrap metal recyclers to be 
involved in the delivery and dissemination of educational 
materials regarding the identification, removal, collection, 
and proper management of mercury switches in end-of-life 
vehicles.
    (e) For the calendar quarter ending March 31, 2007, and for 
each calendar quarter thereafter, not later than 45 days 
following the close of the calendar quarter manufacturers 
subject to the collection program requirements of this Section 
must submit to the Agency a quarterly report that contains the 
following information:  (i) the number of vehicle recyclers, 
vehicle crushers, and scrap metal recyclers participating in 
the manufacturer's collection program during the reported 
quarter, (ii) the number of mercury switches removed from 
end-of-life vehicles during the reported quarter by the vehicle 
recyclers, vehicle crushers, and scrap metal recyclers 
participating in the program, and (iii) the amount of mercury 
collected and recycled through the manufacturer's collection 
program during the reported calendar quarter.
    (f) If the reports required under this Act indicate that 
the capture rates set forth in subsection (a) of this Section 
for the period of July 1, 2007, though June 30, 2008, or for 
any subsequent period have not been met the Agency shall 
provide notice that the capture rate was not met; provided, 
however, that the Agency is not required to provide notice if 
it determines that the capture rate was not met due to a force 
majeure.  The Agency shall provide the notice by posting a 
statement on its website and by sending a written notice via 
certified mail to the manufacturers subject to the collection 
program requirement of this Section at the addresses provided 
in the manufacturers' collection plans.  Once the Agency 
provides notice pursuant to this subsection (f) it is not 
required to provide notice in subsequent periods in which the 
capture rate is not met.
    (g) Beginning 30 days after the Agency first provides 
notice pursuant to subsection (f) of this Section, the 
following shall apply:
        (1) Vehicle recyclers must remove all mercury switches 
    from end-of-life vehicles prior to delivering the vehicles 
    to an on-site or off-site vehicle crusher or to a scrap 
    metal recycler, provided that a vehicle recycler is not 
    required to remove a mercury switch that is inaccessible 
    due to significant damage to the vehicle in the area 
    surrounding the mercury switch that occurred prior to the 
    vehicle recycler's receipt of the vehicle in which case the 
    damage must be noted in the records the vehicle recycler is 
    required to maintain under Section 10(c) of this Act.
        (2) No vehicle recycler, vehicle crusher, or scrap 
    metal recycler shall flatten, crush, or otherwise process 
    an end-of-life vehicle for recycling unless all mercury 
    switches have been removed from the vehicle, provided that  
    a mercury switch that is inaccessible due to significant 
    damage to the vehicle in the area surrounding the mercury 
    switch that occurred prior to the vehicle recycler's or the 
    vehicle crusher's receipt of the vehicle is not required to 
    be removed. The damage must

be noted in the records the 
    vehicle recycler or vehicle crusher is required to maintain 
    under Section 10(c) of this Act.
        (3) Notwithstanding subsection (g)(1) of this Section, 
    a scrap metal recycler may agree to accept an end-of-life 
    vehicle that contains one or more mercury switches and that 
    has not been flattened, crushed, shredded, or otherwise 
    processed for recycling provided the scrap metal recycler 
    removes all mercury switches from the vehicle before the 
    vehicle is flattened, crushed, shredded, or otherwise 
    processed for recycling. Scrap metal recyclers are not 
    required to remove a mercury switch that is inaccessible 
    due to significant damage to the vehicle in the area 
    surrounding the mercury switch that occurred prior to the 
    scrap metal recycler's receipt of the vehicle. The damage 
    must be noted in the records the scrap metal recycler is 
    required to maintain under Section 10(c) of this Act.
        (4) Manufacturers subject to the collection program 
    requirements of this Section must provide to vehicle 
    recyclers, vehicle crushers, and scrap metal recyclers the 
    following compensation for all mercury switches removed 
    from end-of-life vehicles on or after the date of the 
    notice:  $2.00 for each mercury switch removed by the 
    vehicle recycler, vehicle crusher, or the scrap metal 
    recycler, the costs of the containers in which the mercury 
    switches are collected, and the costs of packaging and 
    transporting the mercury switches off-site.
Payment of 
    this compensation must be provided in a prompt manner.
    (h) In meeting the requirements of this Section 
manufacturers may work individually or as part of a group of 2 
or more manufacturers.
 
    Section 20. Evaluation. At the end of calendar year 2007, 
and at the end of each year thereafter through calendar year 
2016, the Agency shall meet with manufacturers subject to the 
collection program requirements of Section 15 of this Act to 
review the performance of the manufacturers' mercury switch 
collection program, provided that the manufacturers must 
request such a meeting.  If the program is not accomplishing the 
objectives set forth in the implementation plan the Agency may 
recommend modifications to the program or recommend the 
investigation of additional methods to promote the removal, 
collection, and proper management of mercury switches from 
end-of-life vehicles.
 
    Section 25. Agency recommendations.

Every 3 years the 
Agency shall make a recommendation to the General Assembly as 
to whether the $2 fee required under Section 15 of this Act 
should be modified to ensure adequate compensation for the 
removal of mercury switches from end-of-life vehicles.  In 
developing its recommendations, the Agency shall seek comments 
or information from interested persons, including, but not 
limited to, representatives of vehicle recyclers, scrap metal 
recyclers, vehicle manufacturers, steel and iron 
manufacturers, and environmental groups.
 
    Section 30. All information required to be submitted to the 
Agency under this Act must be submitted on forms prescribed by 
the Agency.
 
    Section 35. The Agency shall have the duty to investigate 
violations of this Act.
 
    Section 40. Penalties. 
    (a) Any manufacturer that willfully or knowingly violates 
any provision of this Act or willfully or knowingly fails to 
perform any duty imposed by this Act shall be liable for a 
civil penalty not to exceed $1,000 for the violation and an 
additional civil penalty not to exceed $1,000 for each day the 
violation continues, and shall be liable for a civil penalty 
not to exceed $5,000 for a second or subsequent violation and 
an additional civil penalty not to exceed $1,000 for each day 
the second or subsequent violation continues.
    (b) Any vehicle recycler, vehicle crusher, or scrap metal 
recycler that willfully or knowingly violates any provision of 
this Act or fails to perform any duty imposed by this Act shall 
be liable for a civil penalty not to exceed $250 for the first 
violation and not to exceed $500 for a second or subsequent 
violation.


    (c) The penalties provided for in this Section may be 
recovered in a civil action brought in the name of the people 
of the State of Illinois by the State's Attorney of the county 
in which the violation occurred or by the Attorney General.  
Without limiting any other authority that may exist for the 
awarding of attorney's fees and costs, a court of competent 
jurisdiction may award costs and reasonable attorney's fees, 
including the reasonable costs of expert witnesses and 
consultants, to the State's Attorney or the Attorney General in 
a case where he or she has prevailed against a person who has 
committed a willful, knowing, or repeated violation of this 
Act.  Any funds collected under this Section in an action in 
which the Attorney General has prevailed shall be deposited in 
the Hazardous Waste Fund established under the Environmental 
Protection Act.  Any funds collected under this Section in an 
action in which a State's Attorney has prevailed shall be 
retained by the county in which he or she serves.
    (d) The State's Attorney of the county in which the 
violation occurred or the Attorney General may, at the request 
of the Agency or on his or her own motion, institute a civil 
action for an injunction, prohibitory or mandatory, to restrain 
violations of this Act or to require such other actions as may 
be necessary to address violations of this Act.


    (e) The penalties and injunctions provided in this Act are 
in addition to any penalties, injunctions, or other relief 
provided under any other law.  Nothing in this Act shall bar a 
cause of action by the State for any other penalty, injunction, 
or relief provided by any other law.

 
    Section 45. Manufacturers subject to the collection 
program requirement of Section 15 of this Act shall indemnify, 
defend, and hold harmless vehicle recyclers, vehicle crushers, 
and scrap metal recyclers for any liabilities arising from 
releases from a mercury switch after the switch is transferred 
under the manufacturer's collection program to the 
manufacturer or its agent, provided that the switch has been 
managed in accordance with the Environmental Protection Act and 
regulations adopted thereunder prior to the transfer.
 
    Section 50. If the Agency determines that the requirements 
of this Act are no longer necessary because a federal program 
provides equal or greater protection of human health and safety 
and the environment in this State, the Agency shall submit a 
report of its determination to the General Assembly.  In making 
its determination the Agency shall seek comments or information 
from interested persons, including, but not limited to, 
representatives of vehicle recyclers, vehicle crushers, scrap 
metal recyclers, vehicle manufacturers, steel and iron 
manufacturers, and environmental groups.
 
    Section 55. Repealer. This Act is repealed on January 1, 
2011.
 

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