Nothing in this Act shall prevent or prohibit a person from offering or performing a fee-based, household collection, or a mail back program for end-of-life portable batteries or medium-format batteries independently of a battery stewardship program, provided that such person meets the following requirements: (1) such person's services must be performed, and such person's facilities must be operated in compliance with all applicable federal, State, and local laws and requirements, including, but not limited to, all applicable U.S. Department of Transportation regulations, and all applicable provisions of the Environmental Protection Act; (2) such person must make available all batteries collected by such person from its Illinois customers to the battery stewardship organization; and (3) after consolidation of portable or medium-format batteries at the person's facilities, the transport to and processing of such batteries by the battery stewardship organization's designated sorters or processors shall be at the battery stewardship organization's expense. such person's facilities must be operated in compliance with all applicable federal, State, and local laws and requirements, including, but not limited to, all applicable U.S. Department of Transportation regulations, and all applicable provisions of the Environmental Protection Act; collected by such person from its Illinois customers to the battery stewardship organization; and batteries at the person's facilities, the transport to and processing of such batteries by the battery stewardship organization's designated sorters or processors shall be at the battery stewardship organization's expense.
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