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Locke Lord QuickStudy: Trash in the 21st Century: Illinois Mandates Recycling of E-Waste

1/23/2012

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Trash in the 21st Century: Illinois Mandates Recycling of E-Waste

As of January 1, 2012, Illinois landfills are no longer authorized to accept residential electronic waste under the Illinois Electronic Products Recycling and Reuse Act (the “Act”). Amendments to the Act expand upon an earlier ban of the disposal of computers, monitors, televisions and printers in Illinois landfills. With the Act, the ban now includes other commonplace items such as electronic keyboards, facsimile machines, videocassette recorders, portable digital music players, digital video disc players, video game consoles, small scale servers, scanners, electronic mice, digital converter boxes, cable receivers, satellite receivers, and digital video disc recorders. For ease, this Locke Lord QuickStudy refers to all of the items banned under the Act as “Regulated Electronic Products.”

Electronic devices such as Regulated Electronic Products commonly contain toxic substances such as lead, mercury, arsenic, cadmium and beryllium, which are otherwise regulated by law.

This new ban affects both Illinois residents as well as manufacturers who sell Regulated Electronic Products in Illinois (“Manufacturers”). First, the law imposes a $25 fine on Illinois residents who knowingly violate the law, and the fine doubles with subsequent offenses. In other words, if you try to toss out last year’s iPod in the trash with your pizza boxes, you are now subject to a civil penalty. The Illinois Environmental Protection Agency (the “Agency”) maintains an updated list of recycling facilities for Regulated Electronic Products on its website. Click here to view the list of facilities. However, the Agency also recommends calling the facility before showing up with your electronic waste, as the facilities may not keep regular hours.

More significant, however, are both the obligations and penalties on manufacturers of Regulated Electronic Products. Manufacturers who sell Regulated Electronic Products in Illinois now have an obligation to recycle or reuse a percentage of the weight of their retail sales in Illinois. For example, in 2012, Manufacturers must reuse or recycle the weight equivalent of 40 percent of the products they sold in Illinois in 2010. Beginning in 2013 and going forward, that percentage increases to 50 percent of the products they sold in Illinois two years prior to the program year.

In addition, Manufacturers are subject to penalties for failing to meet these requirements, for failing to register with the Agency, as well as for otherwise failing to comply with the Act. For instance, in 2012, a Manufacturer failing to meet 50 percent of its recycling or reuse requirement is liable for a penalty equal to $0.70 per pound for the difference between the goal and the weight actually reused or recycled. This threshold increases to 60 percent in 2013 and 70 percent in 2014.

Under the Act, Manufacturers who do not register with the Agency or pay the registration fee are liable for a civil penalty of up to $10,000 for the violation and an additional civil penalty also up to $10,000 for each day the violation continues. Unregistered Manufacturers or Manufacturers who otherwise do not comply with the Act are also prohibited from selling their Regulated Electronic Products in Illinois. Civil penalties and administrative citations may also be imposed for other violations of the Act.

Illinois is not the only state to prohibit the disposal of e-waste in its landfills, and many other states have similar manufacturer-responsibility laws. However, Illinois’ law casts one of the widest nets in including electronic devices beyond television and computer peripherals.

For more information on the matters discussed in this Locke Lord QuickStudy, please contact the authors: 

Theresa Duckett | T: 312-443-0483 | tduckett@lockelord.com
Elizabeth E. Mack | T: 214-740-8598 | emack@lockelord.com