415 ILCS 205/40 — Illinois Code / Chapter 415 / Act 205 / Section 40
Section 40
Status: in_force

(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