Environmental Progress - Summer 2004

Legislative Session Produces More Mercury reduction; Addresses Enforcement and Construction Debris

Legislation to further reduce mercury in Illinois' environment; to strengthen and safeguard enforcement tools used against polluters; and to encourage more recycling of clean construction and demolition debris, were among new environmental laws passed by the General Assembly and approved by Governor Rod Blagojevich this summer.

As part of ongoing efforts to protect public health and the environment from the toxic effects of exposure to mercury, Governor Blagojevich signed Senate Bill 2551, creating the Mercury Reduction Act.

Illinois EPA worked with sponsors Sen. Mattie Hunter (D-Chicago), and Rep. Karen May (D-Highland Park), on behalf of the Governor, as part of his overall initiative to reduce mercury in the environment. The bill aims to reduce mercury releases to the environment from consumer product breakage and disposal and in schools. It prohibits schools from purchasing mercury-containing products for the classroom and also bans sales of the mercury switches and relays found in some common consumer appliances (freezers, irons, gas appliances with pilot lights, sump pumps and some laptops).

"This bill makes schools and homes safer by eliminating potential pathways of mercury exposure," said Governor Blagojevich. "I am proud that Illinois continues to be a leader on mercury reduction issues and of the leadership shown by Sen. Hunter and Rep. May."

Mercury from consumer products can end up in waterways when discharged down the drain, incinerated, or landfilled. Mercury leaks and spills can pose a health risk if people inhale mercury vapors. Mercury is a strong neurotoxin that can be especially harmful to young children. It persists in the environment and high levels in Illinois waterways have led to health advisories that warn pregnant women and children to limit their fish consumption.

"Illinois is taking another big step towards eliminating mercury from the waste stream and promoting safer, alternative products that are readily available to consumers, " said Illinois EPA Director Renee Cipriano.

Last year, the Illinois General Assembly took action to ban the sale of mercury fever thermometers and novelty products (games, toys, jewelry and candles), effective July 1 of this year.

Specifically, the new legislation mandates the following:

• Schools are prohibited from purchasing elemental
• mercury, chemical mercury compounds and mercury-added measuring devices for classroom use, effective July 1, 2005;
• Sales of mercury switches and mercury relays found in consumer appliances and commercial products (with some exceptions) are banned, effective July 1, 2007;
• Illinois EPA will prepare a report with recommendations for reducing and recycling mercury found in thermostats and vehicle components; and
• The Pollution Control Board must modify rules to facilitate the collection and recycling of mercury-added products.

Illinois EPA estimates that consumer products account for 3,460 to 6,700 pounds of mercury disposed of in Illinois each year. Some of the largest sources include an estimated 890 pounds of mercury in thermostats and 840 pounds of mercury in auto switches. Many mercury-containing products in today's waste stream are no longer produced, including cylindrical alkaline batteries, certain pesticides and some latex paints made before the early 1990's.

Currently, Illinois EPA is addressing mercury on several fronts as part of the Governor's Mercury Initiative. Under Governor Blagojevich's administration, 131 chemical collections have been conducted at Illinois schools and more than 300 (55-gallon) drums, including 36 drums of mercury, have been removed for proper recycling or disposal. Household hazardous waste collections have garnered 28 drums of mercury-containing products, and Illinois EPA has sponsored exchanges of mercury thermometers.

Illinois EPA also has one of the nation's most extensive mercury monitoring programs. An air sampling station in Northbrook launched in 2000 is one of only two continuous mercury-monitoring stations in the U.S. Mercury samples are collected using advanced scientific techniques at several inland lakes and streams across the state.

Governor Blagojevich also signed HB 5823, sponsored by State Rep. Barbara Flynn Currie (D-Chicago) and State Sen. William Haine (D-Alton), that was drafted by Attorney General Lisa Madigan with the support of Illinois EPA.

The bill amends the state's Environmental Protection Act to make it clear a court can issue an injunction ordering polluters to clean up the damage they cause. It addresses a Second District Appellate Court ruling limiting such authority, even though it had been traditionally used by courts for decades. "For more than three decades, the Illinois EPA has been referring cases to the Attorney General to pursue remedies to stop or clean up pollution and this legislation ensures that valuable enforcement tool remains available," noted Illinois EPA Director Renee Cipriano.

The Governor also signed HB 4567, sponsored by State Rep. Ricca Slone (D-Peoria) and State Sen. John Cullerton (D-Chicago), that clarifies a person or business found by a court or the Pollution Control Board to have committed a willful or knowing violation of the Environmental Protection Act is banned from doing business with the State or any state agency for a period of five years.

Also approved by the Governor was SB2145, sponsored by Sen. Denny Jacobs (D-Moline) and Rep. Art Tenhouse (R-Quincy), that extends the local siting exemption for concrete recycling facilities to any county that has zoning laws. Previously, only such facilities in Cook and DuPage Counties were exempt from the extensive local siting requirements. Facilities may only accept uncontaminated debris that will be stored no longer than one year before it is recycled.

"I am hopeful that this bill will result in more recycling, less landfilling and will help stop any and all illegal disposal of construction and demolition debris across the state," said Governor Blagojevich.