415 ILCS 205/40

(415 ILCS 205/40)

Sec. 40. Collection and management requirements.

(a) Battery stewardship organizations implementing a battery stewardship plan must provide for the collection of all covered batteries, including all chemistries and brands of covered batteries, on a free, continuous, convenient, visible, and accessible basis to any person, business, governmental agency, or nonprofit organization. Except as provided in paragraphs (2) and (3) of subsection (b) of this Section, each battery stewardship plan must arrange for the collection of each chemistry and brand of covered battery from any person, business, governmental agency, or nonprofit organization at each collection site that counts toward satisfaction of the collection site criteria in subsection (c) of this Section.

(b)(1) For each collection site used by the program, each battery stewardship organization must provide suitable collection containers for covered batteries that are segregated from other solid waste or make mutually agreeable alternative arrangements for the collection of batteries at the site. The location of collection containers at each collection site used by the program must be within view of a responsible person and must be accompanied by signage that is made available to the collection site by the battery stewardship organization and informs customers regarding the end-of-life management options for batteries provided by the collection site under this Act. Each collection site must meet applicable federal, State, and local regulatory requirements.

(2) Medium-format batteries may be collected only at household hazardous waste collection sites or other staffed collection sites that meet applicable federal, State, and local regulatory requirements to manage medium-format batteries.

(3)(A) Damaged and defective batteries are intended to be collected at collection sites staffed by persons trained to handle and ship those batteries.

(B) Each battery stewardship organization must provide for the collection, with qualified staff as specified in subparagraph (A), of damaged and defective batteries at each permanent household hazardous waste facility and at each household hazardous waste collection event scheduled by the Agency.

(C) As used in this subsection, "damaged and defective batteries" means batteries that have been damaged or identified by the manufacturer as being defective for safety reasons and that have the potential of producing a dangerous evolution of heat, fire, or short circuit, as referred to in 49 CFR 173.185(f) as of January 1, 2023, or as updated by the Illinois Pollution Control Board by rule to maintain consistency with federal standards.

(c)(1) Each battery stewardship organization implementing a battery stewardship plan shall ensure statewide collection opportunities for all covered batteries. Battery stewardship organizations shall coordinate activities with other program operators, including covered battery collection and recycling programs and electronic waste recyclers, with regard to the proper management or recycling of collected covered batteries, for purposes of providing the efficient delivery of services and avoiding unnecessary duplication of effort and expense. Statewide collection opportunities must be determined by geographic information modeling that considers permanent collection sites. A program may rely, in part, on collection events to supplement the permanent collection services required in paragraphs (2) and (3) of this subsection. However, only permanent collection services specified in paragraphs (2) and (3) of this subsection qualify toward the satisfaction of the requirements of this subsection.

(2) For portable batteries, each battery stewardship organization must provide statewide collection opportunities that include:

(A) at least one permanent collection site for portable batteries within a 15-mile radius for at least 95% of State residents; and

(B) at least one permanent collection site, collection service, or collection event for portable batteries in addition to those required in subparagraph (A) for every 30,000 residents of a county.

(3) For medium-format batteries, a battery stewardship organization must provide statewide collection opportunities that include:

(A) at least 10 permanent collection sites in Illinois;

(B) reasonable geographic dispersion of collection sites throughout the State;

(C) a permanent collection site in each county of at least 200,000 persons, as determined by the most recent federal decennial census; and

(D) service to areas without a permanent collection site. A battery stewardship organization must ensure that there is a collection event at least once every 3 years in each county of the State which does not have a permanent collection site. Such collection events must provide for the collection of all medium-format batteries, including damaged and defective batteries.

(4) The collection location requirements set forth in paragraphs (2) and (3) of this subsection may be satisfied by collection locations participating in an Agency-sponsored household battery recycling program.

(d) A battery stewardship organization shall ensure the minimum number of collection sites specified in subsection (c) of this Section are established by no later than December 31, 2028.

(e)(1) Battery stewardship programs must use existing public and private waste collection services and facilities, including battery collection sites that are established through other battery collection services, transporters, consolidators, processors, and retailers, if cost-effective, mutually agreeable, and otherwise practicable.

(2) Battery stewardship programs must use as a collection site for covered batteries any retailer, wholesaler, municipality, solid waste management facility, household hazardous waste facility, or other entity that meets the criteria for collection sites in the approved plan up to the minimum number of sites required for compliance with subsection (c) of this Section, upon the submission of a request by the entity to the battery stewardship organization to serve as a collection site. Battery stewardship programs may use additional collection sites in excess of the minimum required in subsection (c) of this Section as may be agreed between the battery stewardship organization and the collection site.

(3) Battery stewardship programs must use as a site for a collection event for covered batteries any retailer, wholesaler, municipality, solid waste management facility, household hazardous waste facility, or other entity that meets the criteria for collection events in the approved plan up to the minimum number of sites required for compliance with subsection (c) of this Section, upon the submission of a request by the entity to the battery stewardship organization to serve as a site for a collection event. Battery stewardship programs may use additional sites for collection events in excess of the minimum required in subsection (c) of this Section as may be agreed between the battery stewardship organization and the collection site.

(4) A battery stewardship organization may issue a warning, suspend, or terminate a collection site or service that does not adhere to the collection site criteria in the approved plan or that poses an immediate health and safety concern.

(f)(1) Stewardship programs are not required to provide for the collection of battery-containing products.

(2) Stewardship programs are not required to provide for the collection of batteries that: (i) are not easily removable from the product other than by the manufacturer; and (ii) remain contained in a battery-containing product at the time of delivery to a collection site.

(3) Stewardship programs are required to provide for the collection of loose batteries.

(4) Stewardship programs are not required to provide for the collection of batteries still contained in covered electronic devices that are subject to the requirements of the Consumer Electronics Recycling Act.

(Source: P.A. 103-1033, eff. 8-9-24.)