Illinois General Assembly - Full Text of Public Act 093-0052
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Public Act 093-0052


 

Public Act 93-0052 of the 93rd General Assembly


Public Act 93-0052

SB361 Enrolled                       LRB093 07918 AMC 08109 b

    AN ACT concerning environmental safety.

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


    Section  5.  The State Finance Act is amended by changing
Section 6p-2 and adding Section 5.595 as follows:

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

    (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
    Sec. 6p-2.  The Communications Revolving  Fund  shall  be
initially  financed  by  a transfer of funds from the General
Revenue Fund. Thereafter, all fees and other monies  received
by  the  Department of Central Management Services in payment
for  communications  services  rendered   pursuant   to   the
Department  of  Central  Management  Services  Law or sale of
surplus State communications equipment shall be paid into the
Communications Revolving Fund. Except as  otherwise  provided
in  this Section, the money in this fund shall be used by the
Department of Central Management  Services  as  reimbursement
for  expenditures  incurred  in  relation  to  communications
services.
    On  the effective date of this amendatory Act of the 93rd
General Assembly, or as soon as practicable  thereafter,  the
State  Comptroller  shall  order  transferred  and  the State
Treasurer shall transfer $3,000,000 from  the  Communications
Revolving Fund to the Emergency Public Health Fund to be used
for   the   purposes   specified  in  Section  55.6a  of  the
Environmental Protection Act.
(Source: P.A. 91-239, eff. 1-1-00; 92-316, eff. 8-9-01.)
    Section 10.  The Environmental Protection Act is  amended
by  changing Sections 55 and 55.8 and adding Section 55.6a as
follows:

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

    (415 ILCS 5/55.6a new)
    Sec. 55.6a.  Emergency Public Health Fund.
    (a)  Beginning  on  July 1, 2003, moneys in the Emergency
Public  Health  Fund,  subject  to  appropriation,  shall  be
allocated annually as follows: (i) $200,000 to the Department
of Natural Resources for the purposes  described  in  Section
55.6(c)(6)  and  (ii)  subject  to  subsection  (b)  of  this
Section,  all  remaining  amounts to the Department of Public
Health  to  be  used  to  make  vector  control  grants   and
surveillance  grants  to the Cook County Department of Public
Health (for  areas  of  the  County  excluding  the  City  of
Chicago),  to  the  City of Chicago health department, and to
other certified local health departments.  These grants shall
be used for expenses related to West  Nile  Virus  and  other
vector-borne  diseases.   The  amount  of each grant shall be
based on population and  need  as  supported  by  information
submitted  to  the  Department  of  Public  Health.   For the
purposes of this Section, need shall  be  determined  by  the
Department  based  primarily  upon  surveillance data and the
number of positive human cases of West Nile Virus  and  other
vector-borne diseases occurring during the preceding year and
current year in the county or municipality seeking the grant.
    (b)  Beginning  on July 31, 2003, on the last day of each
month, the State Comptroller shall order transferred and  the
State  Treasurer  shall  transfer  the  fees collected in the
previous month pursuant to item (1.5) of  subsection  (a)  of
Section  55.8  from  the  Emergency Public Health Fund to the
Communications  Revolving  Fund.    These   transfers   shall
continue  until  the  cumulative  total  of  the transfers is
$3,000,000.

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

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

Effective Date: 6/30/2003