2023 Illinois Compiled Statutes › Chapter 415 - ENVIRONMENTAL SAFETY › 415 ILCS 110/ - Recycled Newsprint Use Act.

(415 ILCS 110/2001) (from Ch. 96 1/2, par. 9751)
Sec. 2001. 
		Short title. 
		This Act may be cited as the Recycled Newsprint Use Act.
(Source: P.A. 86-1443.)
(415 ILCS 110/2002) (from Ch. 96 1/2, par. 9752)
Sec. 2002. 
		Definitions. 
		As used in this Act, the terms defined in the
Sections that follow this Section and precede Section 2003 shall
have the meaning therein given.
(Source: P.A. 91-357, eff. 7-29-99.)
(415 ILCS 110/2002.03)
Sec. 2002.03. Agency. "Agency" means the Environmental Protection Agency.
(Source: P.A. 102-444, eff. 8-20-21.)
(415 ILCS 110/2002.05) (from Ch. 96 1/2, par. 9752.05)
Sec. 2002.05. 
		
		"Consumer of newsprint" means the entity that publishes that
portion of a newspaper that is published or printed in this State at daily,
weekly, or other short periodic intervals and that contains current news and
information of a general interest to the public, exclusive of information
that is solely of a commercial nature.
(Source: P.A. 86-1443.)
(415 ILCS 110/2002.10) (from Ch. 96 1/2, par. 9752.10)
Sec. 2002.10. 
		
		"Newsprint" means uncoated paper, whether supercalendered
or machine finished, of the type generally used for the publication of
newspapers.  "Newsprint" includes paper made from
old newspapers or postconsumer waste paper that has been deinked, using
the recycled pulp in lieu of
virgin pulp.  "Newsprint" includes all grades of paper sold as newsprint,
supercalendered uncoated groundwood, or machine finished uncoated groundwood.
(Source: P.A. 86-1443.)
(415 ILCS 110/2002.15) (from Ch. 96 1/2, par. 9752.15)
Sec. 2002.15. 
		
		"Old newspaper" means any newsprint that is separated from
other types of solid waste or collected separately from other types of
solid waste and made available for reuse in making new newsprint and that
meets quality standards for use as a raw material in the manufacture of a
new paper product.
(Source: P.A. 86-1443.)
(415 ILCS 110/2002.20) (from Ch. 96 1/2, par. 9752.20)
Sec. 2002.20. 
		
		"Postconsumer waste paper" means a finished material that
normally would be disposed of as a solid waste, having completed its life
cycle as a consumer item, including but not limited to printing plant
waste paper and old magazine print.
(Source: P.A. 86-1443.)
(415 ILCS 110/2002.25) (from Ch. 96 1/2, par. 9752.25)
Sec. 2002.25. 
		
		"Recycled content newsprint" means newsprint in which some
percentage of its fiber is recycled fiber.
(Source: P.A. 86-1443.)
(415 ILCS 110/2002.30) (from Ch. 96 1/2, par. 9752.30)
Sec. 2002.30. 
		
		"Recycled fiber" means fiber of old newspaper or
postconsumer waste paper dissolved into pulp and deinked and used to create
recycled content newsprint.
(Source: P.A. 86-1443.)
(415 ILCS 110/2002.35) (from Ch. 96 1/2, par. 9752.35)
Sec. 2002.35. 
		
		"Percent recycled fiber" means the percentage of recycled
fiber present in a type of recycled content newsprint.
(Source: P.A. 86-1443.)
(415 ILCS 110/2002.40) (from Ch. 96 1/2, par. 9752.40)
Sec. 2002.40. 
		
		"Total newsprint usage" means the total amount of newsprint
used by a consumer of newsprint in one year.
(Source: P.A. 86-1443.)
(415 ILCS 110/2002.45) (from Ch. 96 1/2, par. 9752.45)
Sec. 2002.45. 
		
		"Recycled fiber usage" means the percentage of recycled
fibers present in the total newsprint usage of a consumer of newsprint.
(Source: P.A. 86-1443.)
(415 ILCS 110/2002.50) (from Ch. 96 1/2, par. 9752.50)
Sec. 2002.50. "Department" means the Department of Commerce and Economic Opportunity.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 110/2002.55) (from Ch. 96 1/2, par. 9752.55)
Sec. 2002.55. 
		
		"Goals" means the targeted aggregate recycled fiber usage
which all consumers of newsprint in Illinois will voluntarily achieve.
(Source: P.A. 86-1443.)
(415 ILCS 110/2003) (from Ch. 96 1/2, par. 9753)
Sec. 2003. 
		Recycled fiber usage. 
		On and after January 1,
1991, newsprint used in this State by consumers of newsprint shall have
an annual average recycled fiber usage consistent with the goals
established in this Section.  The goals shall
increase each year as follows:
(1) 22% beginning January 1, 1991.
(2) 25% beginning January 1, 1992.
(3) 28% beginning January 1, 1993.
(Source: P.A. 86-1443.)
(415 ILCS 110/2004) (from Ch. 96 1/2, par. 9754)
Sec. 2004. Consumer usage certification. Each consumer of newsprint
within the State shall, on or before March 1 of each year, certify to the Agency
 the amount in tons of every type of newsprint used by the
consumer of newsprint the previous year and the percentage of recycled
fibers present in each type of newsprint, so that the Agency can
calculate the recycled fiber usage for that consumer of newsprint.
All Illinois consumers of newsprint shall submit the first consumer usage
certificate by March 1, 1992, for the calendar year 1991.  Only consumers of
newsprint who provide timely usage
certificates shall receive credit for recycled fiber usage.
(Source: P.A. 102-444, eff. 8-20-21.)
(415 ILCS 110/2005) (from Ch. 96 1/2, par. 9755)
Sec. 2005. Audit. Every consumer of newsprint who submits recycled
fiber usage certification may be subject to an audit by the Agency to
ensure that the recycled fiber percentage requirement was met.
(Source: P.A. 102-444, eff. 8-20-21.)
(415 ILCS 110/2006) (from Ch. 96 1/2, par. 9756)
Sec. 2006. 
		Supplier certification. 
		Each person who supplies a consumer
of newsprint with newsprint shall certify the percentage of recycled fibers
contained in each shipment to each consumer of newsprint.  If a shipment
contains no recycled fibers, the supplier shall so certify.
(Source: P.A. 86-1443.)
(415 ILCS 110/2007) (from Ch. 96 1/2, par. 9757)
Sec. 2007. List identifying consumers and suppliers. For the purposes
of implementing and enforcing this Act, the Agency shall develop and
maintain a list that identifies every consumer of newsprint in Illinois and
every person who supplies a consumer of newsprint with newsprint.  The Agency
 may use information from local business permits, trade
publications, or any other relevant information to develop the list.
(Source: P.A. 102-444, eff. 8-20-21.)
(415 ILCS 110/2008) (from Ch. 96 1/2, par. 9758)
Sec. 2008. Comparable quality standards.
(a) For the purposes of
implementing and enforcing this Act, the Agency shall set comparable
quality standards for each of the grades of newsprint available from all
suppliers of newsprint to determine the comparable quality of recycled
content newsprint to virgin material.  The standards shall be based on the
average numerical standards of printing opacity, brightness level, and
cross machine tear strength.
(b) The Agency shall review its standards at least once every 2
years and determine whether they should be adjusted to reflect changes in
industry standards and practices, and if so, the Agency shall set new standards.
(Source: P.A. 102-444, eff. 8-20-21.)
(415 ILCS 110/2009) (from Ch. 96 1/2, par. 9759)
Sec. 2009. 
		(Repealed).
(Source: P.A. 90-372, eff. 7-1-98.  Repealed internally, eff. 7-1-98.)
(415 ILCS 110/2010) (from Ch. 96 1/2, par. 9760)
Sec. 2010. Content of delivered newsprint. If any person knowingly
provides a consumer of newsprint with a false or misleading certificate concerning the
recycled fiber percentage of the delivered newsprint, the Agency, within
30 days of making this determination, shall refer the false or misleading
certificate to the Attorney General for prosecution for fraud.
(Source: P.A. 102-444, eff. 8-20-21.)
(415 ILCS 110/2011) (from Ch. 96 1/2, par. 9761)
Sec. 2011. Consumer use certificate. Any consumer of newsprint who
knowingly provides the Agency with a false or misleading certificate
concerning the percentage of recycled fiber used commits a Class C
misdemeanor, and the Agency, within 30 days of making this
determination, shall refer the false or misleading certificate to the
Attorney General for prosecution.
(Source: P.A. 102-444, eff. 8-20-21.)
(415 ILCS 110/2012) (from Ch. 96 1/2, par. 9762)
Sec. 2012. Prices; confidential proprietary information. Specific
information on newsprint prices included as part of a certificate submitted
to the Agency by newsprint consumers or suppliers is
proprietary information and shall not be made available to the general public.
(Source: P.A. 102-444, eff. 8-20-21.)
(415 ILCS 110/2013) (from Ch. 96 1/2, par. 9763)
Sec. 2013. Mandatory recycling.
(a) If the Department determines that the 1993 annual
aggregate average of recycled fiber usage does not meet or exceed the goal
established in Section 2003 of this Act, the provisions of this
Section shall be implemented.
(b) During the year 1994 every consumer of newsprint in Illinois shall
be required to ensure that its recycled fiber usage is at least 28%, unless
he complies with subsection (c) or (d).
(c) If recycled content newsprint cannot be
found that meets quality standards established by the Agency, or if
recycled content newsprint cannot be found in sufficient quantities to
meet recycled fiber usage requirements within a given year, or if recycled
newsprint cannot be found at a price comparable to that of newsprint made
from 100% virgin fibers, the consumer of newsprint shall so certify to the Agency
 and provide the Agency with the specific reasons for failing
to meet recycled fiber usage requirements.
(d) A consumer of newsprint who has made
previous contracts with newsprint suppliers before January 1, 1991, may be
exempt from the requirements of this Act if those
requirements are in conflict with the agreements set forth in the contract.
 The consumer of newsprint must conform to the conditions of
this Act immediately upon expiration or nullification of the contract.
Contracts may not be entered into or renewed as an attempt to evade the
requirements of this Act.
(e) Any consumer of newsprint who knowingly provides the Agency with
a false or misleading certificate concerning why the consumer of newsprint
was unable to obtain the minimum amount of recycled content
newsprint needed to achieve the recycled fiber usage requirements, commits
a Class C misdemeanor, and the Agency, within 30 days of making this
determination, shall refer the false or misleading certificate to the
Attorney General for prosecution.
(f) Any person who knowingly violates subsection (b) of this Section is
guilty of a business offense punishable by a fine of not more than $1,000.
(Source: P.A. 102-444, eff. 8-20-21.)