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1		SENATE RESOLUTION
2		WHEREAS, On September 17, 2008, the Electronic Products
3		Recycling and Reuse Act, Public Act 95-0959, was enacted,
4		setting forth procedures for the recycling and reuse of covered
5		electronic devices in Illinois; and
6		WHEREAS, The Electronic Products Recycling and Reuse Act
7		banned the disposal of covered electronic devices in landfills
8		and incinerators beginning January 1, 2012; and
9		WHEREAS, To provide adequate collection of discarded
10		electronic devices and comply with the disposal ban, more than
11		500 collection sites statewide are currently registered with
12		the Illinois Environmental Protection Agency (IEPA) to accept
13		electronic wastes; and
14		WHEREAS, Local governments statewide have contracted with
15		electronic waste processors and recyclers for collection,
16		reuse, and recycling of discarded electronics, providing a
17		vital service to their residents; and
18		WHEREAS, A significant component of the discarded
19		electronic waste stream collected to date has been, and
20		continues to be, cathode ray tube (CRT) devices, including
21		televisions and computer monitors; and

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1		WHEREAS, CRT glass contains lead at a sufficiently high
2		concentration to meet the definition of hazardous waste,
3		necessitating handling the glass in a manner that protects
4		human health and the environment; and
5		WHEREAS, The principal recycling market for CRT glass was
6		historically the production of new CRTs; and
7		WHEREAS, Demand for new CRTs historically provided an
8		economic incentive to recycle CRT glass for use in the
9		manufacturing of new CRTs, and recyclers received revenue for
10		the CRT glass provided to CRT manufacturers; and
11		WHEREAS, New CRTs have essentially ceased to be purchased
12		in the United States, and there are no CRT manufacturing
13		facilities located in the United States; and
14		WHEREAS, All CRT glass used in the manufacturing of new
15		CRTs is now exported to India to the single remaining CRT
16		manufacturing facility in the world; and
17		WHEREAS, There exist limited additional available outlets
18		for the legitimate recycling of CRT glass in the United States;
19		and

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1		WHEREAS, The quantity of CRT glass collected far exceeds
2		current demand and available markets for the glass; and
3		WHEREAS, CRT glass processing and recycling now carries a
4		substantial cost, a significant change since the Electronic
5		Products Recycling and Reuse Act was enacted in 2008; and
6		WHEREAS, The increased cost to process CRT glass has caused
7		a number of electronic waste collection programs operated by
8		local governments in Illinois to bear the cost increases or to
9		be discontinued to avoid accumulation of CRTs; and
10		WHEREAS, Stockpiles of abandoned CRT glass have been
11		discovered at several former electronic waste processing
12		facilities across the United States, due to the lack of markets
13		for CRT glass and the high cost associated with existing
14		markets; and
15		WHEREAS, Kuusakoski Recycling and Peoria Disposal Company
16		(PDC), both Illinois-based businesses, developed and permitted
17		a CRT glass solution, the KleanKover Recycling Solution,
18		whereby CRT glass is treated to reduce the leachable lead
19		levels in the glass (the principal environmental concern
20		associated with CRTs) below stringent federal thresholds and
21		placed as Alternative Daily Cover (ADC) in a permitted
22		landfill; and

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1		WHEREAS, Kuusakoski Recycling and PDC have successfully
2		operated the KleanKover Recycling Solution since November of
3		2013; and
4		WHEREAS, Given the lack of viable recycling markets, the
5		IEPA has determined that treated CRT glass used as ADC can be
6		counted towards manufacturer recycling goals under the
7		Electronic Products Recycling and Reuse Act, as documented in
8		IEPA correspondence to Kuusakoski Recycling on November 26,
9		2013; and
10		WHEREAS, Sustainable Electronics Recycling International
11		(SERI), administrators of the R2 Standard (a voluntary
12		certification standard for electronic waste recyclers) has
13		prohibited its certified recyclers from using the KleanKover
14		Recycling Solution or any other use of CRT glass as ADC; and
15		WHEREAS, At least 11 government jurisdictions in Illinois,
16		representing over 4.3 million people and with some of the most
17		effective e-waste recycling programs in the U.S., have
18		petitioned SERI to reconsider its position on CRT glass
19		management, citing the need for additional CRT glass management
20		options in the U.S.; and
21		WHEREAS, Basel Action Network (BAN), administrators of the

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1		eStewards Standard (a separate voluntary certification
2		standard for electronic waste recyclers) has defined any use of
3		treated CRT glass within a disposal facility, including use as
4		ADC, as a "last resort" option, effectively prohibiting use of
5		the KleanKover Recycling Solution; and
6		WHEREAS, BAN has expressed interest in considering
7		retrievable storage of CRT glass in permitted, monitored, and
8		contained designated disposal sites as a preferred CRT glass
9		management method; and
10		WHEREAS, In response to BAN's interest, PDC has proposed to
11		develop a designated storage cell at its Indian Creek Landfill
12		to provide storage and future retrieval of CRT glass, should
13		markets develop to utilize the leaded glass; and
14		WHEREAS, The Indian Creek Landfill is fully permitted to
15		develop the retrievable storage cell and accept treated CRT
16		glass for placement in the cell, as confirmed by IEPA in a
17		letter to PDC dated January 26, 2015; and
18		WHEREAS, PDC has established a perpetual care fund for the
19		Indian Creek Landfill, consisting of a trust fund held by a
20		third-party and available to Tazewell County (the host
21		jurisdiction for the landfill), which provides funding to
22		monitor and maintain the landfill into perpetuity, an even

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1		greater level of financial and environmental protection than is
2		required under state and federal regulations; and
3		WHEREAS, PDC hosted a tour at the Indian Creek Landfill on
4		October 23, 2014 for approximately 35 attendees of the annual
5		conference of the Illinois Counties Solid Waste Management
6		Association (ILCSWMA) to show attendees how CRT glass is
7		currently managed, present the plan for retrievable storage,
8		and answer questions; and
9		WHEREAS, ILCSWMA conference attendees were subsequently
10		polled to determine their support for allowing treated CRT
11		glass to be placed in a landfill regardless of whether it is
12		used as ADC or placed in a dedicated cell for retrievable
13		storage, and attendees voiced nearly unanimous support of this
14		option with only 2 of the approximately 60 participants
15		dissenting; and
16		WHEREAS, Kuusakoski Recycling and PDC formally petitioned
17		BAN on November 18, 2014 to modify its standard and allow, as
18		an additional preferred CRT glass management option, the
19		placement of treated CRT glass in a retrievable storage cell
20		within a permitted disposal site which has a perpetual care
21		fund established; and
22		WHEREAS, At least 10 government jurisdictions in Illinois

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1		representing nearly 4 million people have sent letters to BAN
2		in support of Kuusakoski Recycling and PDC's petition and
3		urging BAN'S approval in order to maintain their vital
4		electronic waste collection and recycling programs for their
5		residents; and
6		WHEREAS, The option of retrievable storage of treated CRT
7		glass in a dedicated cell at a permitted disposal site will
8		provide needed environmentally protective, cost effective, and
9		immediately available capacity for CRT glass, resulting in
10		relief for residents, local governments, and recyclers across
11		Illinois and the United States to manage this problematic
12		material and reduce the potential for future discoveries of
13		stockpiled material that would pose a significant
14		environmental threat; therefore, be it
15		RESOLVED, BY THE SENATE OF THE NINETY-NINTH GENERAL
16		ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Basel
17		Action Network and the e-Stewards Leadership Council to approve
18		the pending petition submitted by Kuusakoski Recycling and
19		Peoria Disposal Company to allow the placement of treated CRT
20		glass into a dedicated retrievable storage cell in a permitted
21		disposal facility; and be it further
22		RESOLVED, That suitable copies of this resolution be
23		delivered to the Executive Director of the Basel Action Network

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1		and the policy director of the Basel Action Network.