HB0360 93rd General Assembly

093_HB0360

                                     LRB093 04979 AMC 05686 b

 1        AN ACT concerning environmental safety.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Environmental Protection Act is amended
 5    by changing Section 55.6 as follows:

 6        (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
 7        Sec. 55.6. Used Tire Management Fund.
 8        (a)  There is hereby created  in  the  State  Treasury  a
 9    special  fund  to  be known as the Used Tire Management Fund.
10    There shall be deposited into the Fund all monies received as
11    (1) recovered costs or proceeds from the sale of  used  tires
12    under  Section  55.3 of this Act, (2) repayment of loans from
13    the Used Tire Management Fund, or (3) penalties  or  punitive
14    damages  for  violations of this Title, except as provided by
15    subdivision (b)(4) or (b)(4-5) of Section 42.
16        (b)  Beginning January 1, 1992, in addition to any  other
17    fees  required  by  law,  the  owner or operator of each site
18    required to be registered under subsection (d) of Section  55
19    shall pay to the Agency an annual fee of $100. Fees collected
20    under   this   subsection   shall   be   deposited  into  the
21    Environmental Protection Permit and Inspection Fund.
22        (c)  Pursuant to appropriation, monies up to an amount of
23    $4,000,000 $2 million per fiscal  year  from  the  Used  Tire
24    Management Fund shall be allocated as follows:
25             (1)  38%  shall  be  available to the Agency for the
26        following purposes, provided that priority shall be given
27        to item (i):
28                  (i)  To  undertake  preventive,  corrective  or
29             removal action as authorized by  and  in  accordance
30             with   Section   55.3,   and  to  recover  costs  in
31             accordance with Section 55.3.
 
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 1                  (ii)  For the  performance  of  inspection  and
 2             enforcement  activities  for  used  and  waste  tire
 3             sites.
 4                  (iii)  To  assist  with marketing of used tires
 5             by  augmenting  the  operations  of  an   industrial
 6             materials exchange service.
 7                  (iv)  To  provide financial assistance to units
 8             of  local  government   for   the   performance   of
 9             inspecting, investigating and enforcement activities
10             pursuant  to subsection (r) of Section 4 at used and
11             waste tire sites.
12                  (v)  To provide financial assistance  for  used
13             and  waste  tire  collection  projects  sponsored by
14             local government or not-for-profit corporations.
15                  (vi)  For  the  costs  of  fee  collection  and
16             administration relating to used and waste tires, and
17             to accomplish such other purposes as are  authorized
18             by this Act and regulations thereunder.
19             (2)  23%  shall  be  available  to the Department of
20        Commerce  and  Community  Affairs   for   the   following
21        purposes,  provided  that priority shall be given to item
22        (A):
23                  (A)  To  provide  grants  or  loans   for   the
24             purposes of:
25                       (i)  assisting  units  of local government
26                  and private industry in  the  establishment  of
27                  facilities and programs to collect, process and
28                  utilize  used  and waste tires and tire derived
29                  materials;
30                       (ii)  demonstrating  the  feasibility   of
31                  innovative   technologies   as   a   means   of
32                  collecting,  storing,  processing and utilizing
33                  used  and  waste   tires   and   tire   derived
34                  materials; and
 
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 1                       (iii)  applying  demonstrated technologies
 2                  as a means of collecting, storing,  processing,
 3                  and  utilizing  used  and  waste tires and tire
 4                  derived materials.
 5                  (B)  To develop educational material for use by
 6             officials and the public to  better  understand  and
 7             respond  to  the  problems  posed  by used tires and
 8             associated insects.
 9                  (C)  (Blank).
10                  (D)  To perform such research as  the  Director
11             deems  appropriate to help meet the purposes of this
12             Act.
13                  (E)  To pay the costs of administration of  its
14             activities authorized under this Act.
15             (3)  25%   shall   be   available  to  the  Illinois
16        Department of Public Health for the following purposes:
17                  (A)  To  investigate   threats   or   potential
18             threats  to  the public health related to mosquitoes
19             and other vectors of  disease  associated  with  the
20             improper  storage,  handling  and disposal of tires,
21             improper waste disposal, or natural conditions.
22                  (B)  To  conduct  surveillance  and  monitoring
23             activities  for  mosquitoes  and   other   arthropod
24             vectors  of  disease,  and  surveillance  of animals
25             which  provide  a  reservoir  for  disease-producing
26             organisms.
27                  (C)  To conduct training activities to  promote
28             vector   control   programs   and   integrated  pest
29             management as defined in the Vector Control Act.
30                  (D)  To  respond  to   inquiries,   investigate
31             complaints,    conduct   evaluations   and   provide
32             technical consultation to help reduce  or  eliminate
33             public   health   hazards  and  nuisance  conditions
34             associated with mosquitoes and other vectors.
 
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 1                  (E)  To provide financial assistance  to  units
 2             of  local government for training, investigation and
 3             response  to  public   nuisances   associated   with
 4             mosquitoes and other vectors of disease.
 5             (4)  2%  shall  be  available  to  the Department of
 6        Agriculture  for  its  activities  under   the   Illinois
 7        Pesticide Act relating to used and waste tires.
 8             (5)  2%  shall be available to the Pollution Control
 9        Board for administration of its  activities  relating  to
10        used and waste tires.
11             (6)  10%  shall  be  available  to the Department of
12        Natural Resources for the Illinois Natural History Survey
13        to perform research to study the  biology,  distribution,
14        population  ecology,  and biosystematics of tire-breeding
15        arthropods, especially mosquitoes, and the diseases  they
16        spread.
17          (d)  By  January  1,  1998,  and biennially thereafter,
18    each State agency receiving an appropriation  from  the  Used
19    Tire  Management  Fund  shall  report to the Governor and the
20    General Assembly on its activities relating to the Fund.
21        (e)  Any  monies  appropriated   from   the   Used   Tire
22    Management Fund, but not obligated, shall revert to the Fund.
23        (f)  In administering the provisions of subdivisions (1),
24    (2)  and  (3)  of subsection (c) of this Section, the Agency,
25    the Department of Commerce and  Community  Affairs,  and  the
26    Illinois  Department  of  Public  Health  shall  ensure  that
27    appropriate   funding   assistance   is   provided   to   any
28    municipality  with  a  population  over  1,000,000  or to any
29    sanitary district which serves a population over 1,000,000.
30        (g)  Pursuant  to  appropriation,  monies  in  excess  of
31    $4,000,000 $2 million per fiscal  year  from  the  Used  Tire
32    Management Fund shall be used as follows:
33             (1)  55%   shall  be  available  to  the  Agency  to
34        undertake preventive, corrective  or  renewed  action  as
 
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 1        authorized  by and in accordance with Section 55.3 and to
 2        recover costs in accordance with Section 55.3.
 3             (2)  45% shall be available  to  the  Department  of
 4        Commerce and Community Affairs to provide grants or loans
 5        for the purposes of:
 6                  (i)  assisting  units  of  local government and
 7             private industry in the establishment of  facilities
 8             and  programs  to collect, process and utilize waste
 9             tires and tire derived material;
10                  (ii)  demonstrating    the    feasibility    of
11             innovative technologies as a  means  of  collecting,
12             storing,  processing,  and  utilizing used and waste
13             tires and tire derived materials; and
14                  (iii)  applying demonstrated technologies as  a
15             means   of   collecting,  storing,  processing,  and
16             utilizing used and  waste  tires  and  tire  derived
17             materials.
18    (Source: P.A. 91-856, eff. 6-22-00; 92-16, eff. 6-28-01.)

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.