Lubricant and Related Product Producer Responsibility: Illinois General Assembly/SB3157

Senate Bill 3157 has been introduced into the Illinois General Assembly, which is titled:

Lubricant and Related Product Producer Responsibility Act (“Act”).

The stated purposes of the Act include:

• Provide for the safe and proper management of antifreeze, oil-based lubricants, grease, engine additives, and other petroleum and related fluids typically used in automotive, transportation, and mechanical applications, as well as the original packaging containing these products, at household hazardous waste facilities in the State.

In general, it requires the development of a program which will include management and recycling/disposal of covered products at household hazardous waste collection locations available to the public.

Components of Senate Bill 3157 include:

• Prohibits an unregistered producer from selling, offering for sale, importing, or distributing a covered product in Illinois.
• Mandates various requirements for a producer responsibility organization and a producer responsibility plan.
• Outlines duties of a lubricant service provider and requires the Agency to provide certain information to a producer responsibility organization.
• Requires a producer of covered products to register with a producer responsibility organization and notify the Illinois Environmental Protection Agency (“Agency”).
• Requires the Agency to provide certain information to a producer responsibility organization.
• Outlines financial duties of the producer responsibility organization and the Agency.
• Requires participant producers, through the producer responsibility organization, to pay certain costs.
• Creates the Lubricant and Related Product Producer Responsibility Fund in the Illinois treasury.
• Requires the producer responsibility organization to reimburse certain lubricant service providers for specified costs.
• Sets forth requirements for records, audits, and reports related to the producer responsibility organization. Prohibits a retailer, dealer, producer, or distributor from selling, distributing, offering for sale, or importing a covered product in or into the State unless certain requirements are met.
• Sets forth penalties for violations of the Act.
• Limits liability for anticompetitive conduct.

A copy of the Act can be found here.