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Public Act 91-0856
HB4481 Enrolled LRB9108995LDcd
AN ACT to amend the Environmental Protection Act by
changing Section 55.6.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended
by changing Section 55.6 as follows:
(415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
Sec. 55.6. Used Tire Management Fund.
(a) There is hereby created in the State Treasury a
special fund to be known as the Used Tire Management Fund.
There shall be deposited into the Fund all monies received as
(1) recovered costs or proceeds from the sale of used tires
under Section 55.3 of this Act, (2) repayment of loans from
the Used Tire Management Fund, or (3) penalties or punitive
damages for violations of this Title, except as provided by
subdivision (b)(4) of Section 42.
(b) Beginning January 1, 1992, in addition to any other
fees required by law, the owner or operator of each site
required to be registered under subsection (d) of Section 55
shall pay to the Agency an annual fee of $100. Fees collected
under this subsection shall be deposited into the
Environmental Protection Permit and Inspection Fund.
(c) Until July 1, 2000, Pursuant to appropriation,
monies up to an amount of $2 million per fiscal year from the
Used Tire Management Fund shall be allocated as follows:
(1) 38% shall be available to the Agency for the
following purposes, provided that priority shall be given
to item (i):
(i) To undertake preventive, corrective or
removal action as authorized by and in accordance
with Section 55.3, and to recover costs in
accordance with Section 55.3.
(ii) For the performance of inspection and
enforcement activities for used and waste tire
sites.
(iii) To assist with marketing of used tires
by augmenting the operations of an industrial
materials exchange service.
(iv) To provide financial assistance to units
of local government for the performance of
inspecting, investigating and enforcement activities
pursuant to subsection (r) of Section 4 at used and
waste tire sites.
(v) To provide financial assistance for used
and waste tire collection projects sponsored by
local government or not-for-profit corporations.
(vi) For the costs of fee collection and
administration relating to used and waste tires, and
to accomplish such other purposes as are authorized
by this Act and regulations thereunder.
(2) 23% shall be available to the Department of
Commerce and Community Affairs for the following
purposes, provided that priority shall be given to item
(A):
(A) To provide grants or loans for the
purposes of:
(i) assisting units of local government
and private industry in the establishment of
facilities and programs to collect, process and
utilize used and waste tires and tire derived
materials;
(ii) demonstrating the feasibility of
innovative technologies as a means of
collecting, storing, processing and utilizing
used and waste tires and tire derived
materials; and
(iii) applying demonstrated technologies
as a means of collecting, storing, processing,
and utilizing used and waste tires and tire
derived materials.
(B) To develop educational material for use by
officials and the public to better understand and
respond to the problems posed by used tires and
associated insects.
(C) (Blank).
(D) To perform such research as the Director
deems appropriate to help meet the purposes of this
Act.
(E) To pay the costs of administration of its
activities authorized under this Act.
(3) 25% shall be available to the Illinois
Department of Public Health for the following purposes:
(A) To investigate threats or potential
threats to the public health related to mosquitoes
and other vectors of disease associated with the
improper storage, handling and disposal of tires,
improper waste disposal, or natural conditions.
(B) To conduct surveillance and monitoring
activities for mosquitoes and other arthropod
vectors of disease, and surveillance of animals
which provide a reservoir for disease-producing
organisms.
(C) To conduct training activities to promote
vector control programs and integrated pest
management as defined in the Vector Control Act.
(D) To respond to inquiries, investigate
complaints, conduct evaluations and provide
technical consultation to help reduce or eliminate
public health hazards and nuisance conditions
associated with mosquitoes and other vectors.
(E) To provide financial assistance to units
of local government for training, investigation and
response to public nuisances associated with
mosquitoes and other vectors of disease.
(4) 2% shall be available to the Department of
Agriculture for its activities under the Illinois
Pesticide Act relating to used and waste tires.
(5) 2% shall be available to the Pollution Control
Board for administration of its activities relating to
used and waste tires.
(6) 10% shall be available to the Department of
Natural Resources for the Illinois Natural History Survey
to perform research to study the biology, distribution,
population ecology, and biosystematics of tire-breeding
arthropods, especially mosquitoes, and the diseases they
spread.
The allocations provided by this subsection (c) do not apply
to State fiscal year 2001 or thereafter.
(d) By January 1, 1998, and biennially thereafter, each
State agency receiving an appropriation from the Used Tire
Management Fund shall report to the Governor and the General
Assembly on its activities relating to the Fund.
(e) Any monies appropriated from the Used Tire
Management Fund, but not obligated, shall revert to the Fund.
(f) In administering the provisions of subdivisions (1),
(2) and (3) of subsection (c) of this Section, the Agency,
the Department of Commerce and Community Affairs, and the
Illinois Department of Public Health shall ensure that
appropriate funding assistance is provided to any
municipality with a population over 1,000,000 or to any
sanitary district which serves a population over 1,000,000.
(g) Pursuant to appropriation, monies in excess of $2
million per fiscal year from the Used Tire Management Fund
shall be used as follows:
(1) 55% shall be available to the Agency to
undertake preventive, corrective or renewed action as
authorized by and in accordance with Section 55.3 and to
recover costs in accordance with Section 55.3.
(2) 45% shall be available to the Department of
Commerce and Community Affairs to provide grants or loans
for the purposes of:
(i) assisting units of local government and
private industry in the establishment of facilities
and programs to collect, process and utilize waste
tires and tire derived material;
(ii) demonstrating the feasibility of
innovative technologies as a means of collecting,
storing, processing, and utilizing used and waste
tires and tire derived materials; and
(iii) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire derived
materials.
(Source: P.A. 89-445, eff. 2-7-96; 89-499, eff. 6-28-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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