Illinois General Assembly - Full Text of HB0360
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Full Text of HB0360  93rd General Assembly

HB0360ham002 93rd General Assembly


093_HB0360ham002











                                     LRB093 04979 EFG 14514 a

 1                     AMENDMENT TO HOUSE BILL 360

 2        AMENDMENT NO.     .  Amend House Bill 360, AS AMENDED, by
 3    replacing everything  after  the  enacting  clause  with  the
 4    following:

 5        "Section  5.   The State Finance Act is amended by adding
 6    Section 5.595 as follows:

 7        (30 ILCS 105/5.595 new)
 8        Sec. 5.595.  The Emergency Public Health Fund.

 9        Section 10.  The Environmental Protection Act is  amended
10    by  changing Sections 55 and 55.8 and adding Section 55.6a as
11    follows:

12        (415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
13        Sec. 55. Prohibited activities.
14        (a)  No person shall:
15             (1)  Cause or allow the open dumping of any used  or
16        waste tire.
17             (2)  Cause  or allow the open burning of any used or
18        waste tire.
19             (3)  Except at a tire storage  site  which  contains
20        more  than  50  used tires, cause or allow the storage of
 
                            -2-      LRB093 04979 EFG 14514 a
 1        any used tire unless the tire  is  altered,  reprocessed,
 2        converted,   covered,   or   otherwise   prevented   from
 3        accumulating water.
 4             (4)  Cause  or allow the operation of a tire storage
 5        site except in compliance with Board regulations.
 6             (5)  Abandon, dump or dispose of any used  or  waste
 7        tire  on private or public property, except in a sanitary
 8        landfill approved by the Agency pursuant  to  regulations
 9        adopted by the Board.
10             (6)  Fail  to  submit required reports, tire removal
11        agreements, or Board regulations.
12        (b)  (Blank.)
13        (b-1)  Beginning  January  1,  1995,  no   person   shall
14    knowingly  mix  any  used or waste tire, either whole or cut,
15    with municipal waste, and no owner or operator of a  sanitary
16    landfill  shall  accept  any  used  or  waste  tire for final
17    disposal; except that used or  waste  tires,  when  separated
18    from  other  waste,  may  be  accepted  if:  (1) the sanitary
19    landfill  provides  and  maintains  a  means  for  shredding,
20    slitting, or chopping whole tires and so treats  whole  tires
21    and,  if approved by the Agency in a permit issued under this
22    Act, uses the used or waste tires for alternative uses, which
23    may include on-site practices such as lining of roadways with
24    tire scraps, alternative daily cover, or use  in  a  leachate
25    collection  system  or  (2)  the  sanitary  landfill,  by its
26    notification to  the Illinois Industrial  Materials  Exchange
27    Service,  makes  available  the  used  or  waste  tire  to an
28    appropriate facility for reuse, reprocessing, or  converting,
29    including  use  as  an  alternate energy fuel.  If, within 30
30    days after notification to the Illinois Industrial  Materials
31    Exchange  Service  of  the  availability  of  waste tires, no
32    specific request for the used or waste tires is  received  by
33    the  sanitary  landfill, and the sanitary landfill determines
34    it has no alternative use for those used or waste tires,  the
 
                            -3-      LRB093 04979 EFG 14514 a
 1    sanitary  landfill  may dispose of slit, chopped, or shredded
 2    used or waste tires in the sanitary landfill.  In  the  event
 3    the  physical  condition  of  a  used  or  waste  tire  makes
 4    shredding,  slitting, chopping, reuse, reprocessing, or other
 5    alternative use of the used  or  waste  tire  impractical  or
 6    infeasible,  then  the sanitary landfill, after authorization
 7    by the  Agency,  may  accept  the  used  or  waste  tire  for
 8    disposal.
 9        Sanitary    landfills    and    facilities   for   reuse,
10    reprocessing, or converting,  including  use  as  alternative
11    fuel,  shall  (i)  notify  the  Illinois Industrial Materials
12    Exchange Service of the availability of and demand  for  used
13    or  waste  tires  and  (ii)  consult  with  the Department of
14    Commerce  and  Community  Affairs  regarding  the  status  of
15    marketing of waste tires to facilities for reuse.
16        (c)  On or before January 1, 1990, Any person  who  sells
17    new  or  used tires at retail or operates a tire storage site
18    or a tire disposal site which contains more than 50  used  or
19    waste tires shall give notice of such activity to the Agency.
20    Any person engaging in such activity for the first time after
21    January  1,  1990,  shall give notice to the Agency within 30
22    days after the date of commencement  of  the  activity.   The
23    form  of  such  notice  shall  be specified by the Agency and
24    shall be limited to information regarding the following:
25             (1)  the name and address of the owner and operator;
26             (2)  the  name,  address   and   location   of   the
27        operation;
28             (3)  the type of operations involving used and waste
29        tires (storage, disposal, conversion or processing); and
30             (4)  the  number  of used and waste tires present at
31        the location.
32        (d)  Beginning January 1, 1992, no person shall cause  or
33    allow the operation of:
34             (1)  a tire storage site which contains more than 50
 
                            -4-      LRB093 04979 EFG 14514 a
 1        used  tires,  unless the owner or operator, by January 1,
 2        1992  (or  the  January  1  following   commencement   of
 3        operation, whichever is later) and January 1 of each year
 4        thereafter,  (i) registers the site with the Agency, (ii)
 5        certifies to the Agency that the site complies  with  any
 6        applicable  standards  adopted  by  the Board pursuant to
 7        Section 55.2, (iii) reports to the Agency the  number  of
 8        tires accumulated, the status of vector controls, and the
 9        actions  taken  to handle and process the tires, and (iv)
10        pays the fee required under  subsection  (b)  of  Section
11        55.6; or
12             (2)  a  tire  disposal  site,  unless  the  owner or
13        operator (i) has received approval from the Agency  after
14        filing a tire removal agreement pursuant to Section 55.4,
15        or   (ii)   has  entered  into  a  written  agreement  to
16        participate in a consensual removal action under  Section
17        55.3.
18        The  Agency  shall  provide  written forms for the annual
19    registration and certification required under this subsection
20    (d).
21        (e)  No  person  shall  cause  or  allow   the   storage,
22    disposal,  treatment  or processing of any used or waste tire
23    in violation of any regulation or  standard  adopted  by  the
24    Board.
25        (f)  No  person  shall  arrange for the transportation of
26    used or waste tires away from the site of generation  with  a
27    person known to openly dump such tires.
28        (g)  No person shall engage in any operation as a used or
29    waste  tire  transporter  except  in  compliance  with  Board
30    regulations.
31        (h)  No person shall cause or allow the combustion of any
32    used  or waste tire in an enclosed device unless a permit has
33    been  issued  by  the  Agency  authorizing  such   combustion
34    pursuant  to regulations adopted by the Board for the control
 
                            -5-      LRB093 04979 EFG 14514 a
 1    of air  pollution  and  consistent  with  the  provisions  of
 2    Section 9.4 of this Act.
 3        (i)  No person shall cause or allow the use of pesticides
 4    to treat tires except as prescribed by Board regulations.
 5        (j)  No  person  shall fail to comply with the terms of a
 6    tire removal agreement approved by  the  Agency  pursuant  to
 7    Section 55.4.
 8    (Source: P.A. 92-574, eff. 6-26-02.)

 9        (415 ILCS 5/55.6a new)
10        Sec.  55.6a.  Emergency  Public Health Fund. Beginning on
11    July 1, 2003, moneys in the  Emergency  Public  Health  Fund,
12    subject  to appropriation, shall be allocated as follows: (i)
13    $200,000 to the  Department  of  Natural  Resources  for  the
14    purposes   described  in  Section  55.6(c)(6)  and  (ii)  all
15    remaining amounts to the Department of Public  Health  to  be
16    used to make vector control grants and surveillance grants to
17    the Cook County Department of Public Health (for areas of the
18    County excluding the City of Chicago), to the City of Chicago
19    health  department,  and  to  other local health departments.
20    These grants shall be used for expenses related to West  Nile
21    Virus  and  other  vector-borne diseases.  The amount of each
22    grant shall be based on population and need as  supported  by
23    information  submitted  to  the  Department of Public Health.
24    For the purposes of this Section, need shall be determined by
25    the Department based primarily upon the  number  of  positive
26    human  cases  of  West  Nile  Virus  and  other  vector-borne
27    diseases occurring during the preceding year and current year
28    in the county or municipality seeking the grant.

29        (415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
30        Sec. 55.8.  Tire retailers.
31        (a)  Beginning  July  1,  1992, any person selling new or
32    used tires at retail or offering new or used tires for retail
 
                            -6-      LRB093 04979 EFG 14514 a
 1    sale in this State shall:
 2             (1)  collect from retail  customers  a  fee  of  one
 3        dollar  per  new and used tire sold and delivered in this
 4        State to  be  paid  to  the  Department  of  Revenue  and
 5        deposited  into  the  Used  Tire  Management Fund, less a
 6        collection allowance of 10 cents per tire to be  retained
 7        by  the  retail  seller  and a collection allowance of 10
 8        cents per tire  to  be  retained  by  the  Department  of
 9        Revenue and paid into the General Revenue Fund;
10             (1.5)  beginning  on  July  1,  2003,  collect  from
11        retail  customers  an additional 50 cents per new or used
12        tire  sold  and  delivered  in  this  State.   The  money
13        collected from this  fee  shall  be  deposited  into  the
14        Emergency  Public  Health Fund.  This fee shall no longer
15        be collected beginning on January 1, 2008.
16             (2)  accept for recycling used tires from customers,
17        at the point of transfer, in  a  quantity  equal  to  the
18        number of new tires purchased; and
19             (3)  post in a conspicuous place a written notice at
20        least  8.5  by  11  inches  in  size  that  includes  the
21        universal  recycling symbol and the following statements:
22        "DO NOT put used tires in the trash."; "Recycle your used
23        tires."; and "State law requires us to accept used  tires
24        for recycling, in exchange for new tires purchased.".
25        (b)  A  person who accepts used tires for recycling under
26    subsection (a) shall not allow the tires  to  accumulate  for
27    periods of more than 90 days.
28        (c)  The  requirements  of subsection (a) of this Section
29    do not apply to mail order sales nor shall the retail sale of
30    a motor vehicle be considered  to  be  the  sale  of    tires
31    at  retail  or  offering of tires for retail sale. Instead of
32    filing returns, retailers of tires may remit  the  tire  user
33    fee  of  $1.00  per  tire  to their suppliers of tires if the
34    supplier of tires is  a  registered  retailer  of  tires  and
 
                            -7-      LRB093 04979 EFG 14514 a
 1    agrees  or  otherwise  arranges to collect and remit the tire
 2    fee to the Department of Revenue,  notwithstanding  the  fact
 3    that the sale of the tire is a sale for resale and not a sale
 4    at   retail.   A  tire  supplier  who  enters  into  such  an
 5    arrangement with a tire retailer shall be liable for the  tax
 6    on  all  tires sold to the tire retailer and must (i) provide
 7    the tire retailer with a receipt that separately reflects the
 8    tire tax collected from the retailer on each transaction  and
 9    (ii)  accept  used  tires  for  recycling from the retailer's
10    customers.  The  tire  supplier  shall  be  entitled  to  the
11    collection allowance of 10 cents per tire.
12        The  retailer of the tires must maintain in its books and
13    records evidence that the appropriate fee  was  paid  to  the
14    tire  supplier and that the tire supplier has agreed to remit
15    the fee to the Department of Revenue for each  tire  sold  by
16    the retailer.  Otherwise, the tire retailer shall be directly
17    liable  for  the  fee  on  all  tires  sold  at retail.  Tire
18    retailers paying the fee to their suppliers are not  entitled
19    to the collection allowance of 10 cents per tire.
20        (d)  The  requirements  of subsection (a) of this Section
21    shall apply exclusively to tires  to  be  used  for  vehicles
22    defined  in  Section  1-217  of  the  Illinois  Vehicle Code,
23    aircraft tires, special mobile equipment, and  implements  of
24    husbandry.
25        (e)  The  requirements of paragraph (1) of subsection (a)
26    do not apply to the sale of reprocessed tires.  For  purposes
27    of  this  Section,  "reprocessed tire" means a used tire that
28    has been recapped, retreaded, or regrooved and that  has  not
29    been placed on a vehicle wheel rim.
30    (Source: P.A. 90-14, eff. 7-1-97.)

31        Section  99.  Effective date.  This Act takes effect upon
32    becoming law.".