415 ILCS 180/5 — Illinois Code / Chapter 415 / Act 180 / Section 5
Section 5
Status: in_force

(415 ILCS 180/5) Sec. 5. Findings and purpose. The General Assembly finds that: (1) Recycling rates have been stagnant in Illinois for over 15 years. Many Illinois counties continue to fall short of the long-standing recycling goal of 25% established in 1988 in the Solid Waste Planning and Recycling Act. (2) In Illinois, more than 40% (over 7,000,000 tons per year) of municipal solid waste disposed of in landfills is comprised of packaging and paper products. Of this amount, nearly 80% consists of materials commonly collected in curbside recycling programs in areas of the State with mature recycling programs. The remainder includes packaging products such as polystyrene, #3-#7 plastics, plastic bags, flexible pouches, and other plastic films which are not currently acceptable in curbside recycling and for which limited drop-off recycling options exist. (3) Consumers have limited sustainable purchasing choices. Illinois residents are generating packaging and paper waste that is beyond their ability to reuse or recycle. Consumers are also given confusing, inconsistent messages through various means about which materials can be recycled, and thus inadvertently create contamination in recycling streams. There is widespread recycling fatigue and public skepticism about the efficacy of recycling in Illinois. (4) Volatility in global recycling markets due to import restrictions such as the China National Sword policy, as well as impacts on supply chains and material demand due to the COVID-19 pandemic, have further challenged markets for recycled materials and destabilized the recycling system in the State. (5) Significant and increasing quantities of plastics and packaging materials are seen in the environment, including in Illinois rivers, lakes, and streams. This pollution impacts the drinking water, wildlife, and recreational value of vital natural resources. (6) Consumer brands are solely responsible for choices about the types and amounts of packaging used to package products. Units of local government and residents have borne the costs of managing increasingly complex materials even though they have no input in designing or bringing these materials to market. (7) Units of local government are expected to fund collection and processing costs for an increasing volume of packaging and paper products, and the cost of recycling programs continues to rise with the complexity of the material stream that material recycling facilities are required to manage. Furthermore, many multifamily residences and rural areas of the State do not have access to adequate recycling opportunities. (8) As materials continue to be landfilled and littered, lower-income and rural communities across the State bear environmental, health, and economic consequences. (9) By failing to reuse or recycle packaging and paper products, Illinois loses economic value and green sector jobs. Establishing postconsumer recycled content requirements for rigid plastics will increase markets for this increasingly common packaging material, reduce demand for natural resources, and reduce greenhouse gas emissions. (10) An assessment of current recycling and materials management practices in the State, including evaluation of collections, access to service, capacity, costs, gaps, and needs associated with diverting packaging and paper products from disposal, will provide needed information on current conditions and support identification of future needs to manage packaging and paper products in a sustainable, environmentally protective, and cost-effective manner. (11) The Statewide Recycling Needs Assessment will provide data to facilitate future consideration of product stewardship legislation for packaging and paper products. (Source: P.A. 103-383, eff. 7-28-23.)