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92_SB2191sam001
LRB9212303BDdvam01
1 AMENDMENT TO SENATE BILL 2191
2 AMENDMENT NO. . Amend Senate Bill 2191 on page 12,
3 by replacing lines 11 through 13 with the following:
4 "Section 45. The Environmental Protection Act is amended
5 by changing Section 22.23 as follows:
6 (415 ILCS 5/22.23) (from Ch. 111 1/2, par. 1022.23)
7 Sec. 22.23. Batteries.
8 (a) Beginning September 1, 1990, any person selling
9 lead-acid batteries at retail or offering lead-acid batteries
10 for retail sale in this State shall:
11 (1) accept for recycling used lead-acid batteries
12 from customers, at the point of transfer, in a quantity
13 equal to the number of new batteries purchased; and
14 (2) post in a conspicuous place a written notice at
15 least 8.5 by 11 inches in size that includes the
16 universal recycling symbol and the following statements:
17 "DO NOT put motor vehicle batteries in the trash.";
18 "Recycle your used batteries."; and "State law requires
19 us to accept motor vehicle batteries for recycling, in
20 exchange for new batteries purchased.".
21 (b) Any person selling lead-acid batteries at retail in
22 this State may either charge a recycling fee on each new
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1 lead-acid battery sold for which the customer does not return
2 a used battery to the retailer, or provide a recycling credit
3 to each customer who returns a used battery for recycling at
4 the time of purchasing a new one.
5 (c) Beginning September 1, 1990, no lead-acid battery
6 retailer may dispose of a used lead-acid battery except by
7 delivering it (1) to a battery wholesaler or its agent, (2)
8 to a battery manufacturer, (3) to a collection or recycling
9 facility, or (4) to a secondary lead smelter permitted by
10 either a state or federal environmental agency.
11 (d) Any person selling lead-acid batteries at wholesale
12 or offering lead-acid batteries for sale at wholesale shall
13 accept for recycling used lead-acid batteries from customers,
14 at the point of transfer, in a quantity equal to the number
15 of new batteries purchased. Such used batteries shall be
16 disposed of as provided in subsection (c).
17 (e) A person who accepts used lead-acid batteries for
18 recycling pursuant to subsection (a) or (d) shall not allow
19 such batteries to accumulate for periods of more than 90
20 days.
21 (f) Beginning September 1, 1990, no person may knowingly
22 cause or allow:
23 (1) the placing of a lead-acid battery into any
24 container intended for collection and disposal at a
25 municipal waste sanitary landfill; or
26 (2) the disposal of any lead-acid battery in any
27 municipal waste sanitary landfill or incinerator.
28 (g) (Blank). The Department of Commerce and Community
29 Affairs shall identify and assist in developing alternative
30 processing and recycling options for used batteries.
31 (h) For the purpose of this Section:
32 "Lead-acid battery" means a battery containing lead and
33 sulfuric acid that has a nominal voltage of at least 6 volts
34 and is intended for use in motor vehicles.
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1 "Motor vehicle" includes automobiles, vans, trucks,
2 tractors, motorcycles and motorboats.
3 (i) (Blank). The Department shall study the problems
4 associated with household batteries that are processed or
5 disposed of as part of mixed solid waste, and shall develop
6 and implement a pilot project to collect and recycle used
7 household batteries. The Department shall report its
8 findings to the Governor and the General Assembly, together
9 with any recommendations for legislation, by November 1,
10 1991.
11 (j) Knowing violation of this Section shall be a petty
12 offense punishable by a fine of $100.
13 (Source: P.A. 89-445, eff. 2-7-96.)".