Public Act 100-0327
 
SB1969 EnrolledLRB100 08055 MJP 18140 b


  
    AN ACT concerning safety.
  
 
    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 Sections 55, 55.6, and 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 Economic 
Opportunity

regarding the status of marketing of waste tires to 
facilities for reuse.

    (c) 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, except that the 
    registration requirement in this item (i) does not apply in 
    the case of a tire storage site required to be permitted 
    under subsection (d-5), (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).

    (d-4)  On or before January 1, 2015, the owner or operator 
of each tire storage site that contains used tires totaling 
more than 10,000 passenger tire equivalents, or at which more 
than 500 tons of used tires are processed in a calendar year, 
shall submit documentation demonstrating its compliance with 
Board rules adopted under this Title. This documentation must 
be submitted on forms and in a format prescribed by the Agency.
    (d-5)  Beginning July 1, 2016, no person shall cause or 
allow the operation of a tire storage site that contains used 
tires totaling more than 10,000 passenger tire equivalents, or 
at which more than 500 tons of used tires are processed in a 
calendar year, without a permit granted by the Agency or in 
violation of any conditions imposed by that permit, including 
periodic reports and full access to adequate records and the 
inspection of facilities, as may be necessary to ensure 
compliance with this Act and with regulations and standards 
adopted under this Act. 
    (d-6) No person shall cause or allow the operation of a 
tire storage site in violation of the financial assurance rules 
established by the Board under subsection (b) of Section 55.2 
of this Act.  In addition to the remedies otherwise provided 
under this Act, the State's Attorney of the county in which the 
violation occurred, or the Attorney General, may, at the 
request of the Agency or on his or her own motion, institute a 
civil action for an immediate injunction, prohibitory or 
mandatory, to restrain any violation of this subsection (d-6) 
or to require any other action as may be necessary to abate or 
mitigate any immediate danger or threat to public health or the 
environment at the site. Injunctions to restrain a violation of 
this subsection (d-6)  may include, but are not limited to, the 
required removal of all tires for which financial assurance is 
not maintained and a prohibition against the acceptance of 
tires in excess of the amount for which financial assurance is 
maintained. 
    (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.

    (k) No person shall:
        (1) Cause or allow water to accumulate in used or waste 
    tires. The prohibition set forth in this paragraph (1) of 
    subsection (k) shall not apply to used or waste tires 
    located at a residential household, as long as not more 
    than 4 12 used or waste tires at the site are covered and 
    kept dry located at the site.
        (2) Fail to collect a fee required under Section 55.8 
    of this Title. 
        (3) Fail to file a return required under Section 55.10 
    of this Title. 
        (4) Transport used or waste tires in violation of the 
    registration and vehicle placarding requirements adopted 
    by the Board.
(Source: P.A. 98-656, eff. 6-19-14.)

 



    (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) or (b)(4-5) 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 or permitted under
subsection (d) or 
(d-5) 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) Pursuant to appropriation, monies up to an amount of $4 
$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.

            (vii) To provide financial assistance to units of 
        local government and private industry for the purposes 
        of:
                (A) assisting in the establishment of 
            facilities and programs to collect, process, and 
            utilize used and waste tires and tire-derived 
            materials;
                (B) demonstrating the feasibility of 
            innovative technologies as a means of collecting, 
            storing, processing, and utilizing used and waste 
            tires and tire-derived materials; and
                (C) applying demonstrated technologies as a 
            means of collecting, storing, processing, and 
            utilizing used and waste tires and tire-derived 
            materials.
        (2) For fiscal years beginning prior to July 1, 2004,

    23% shall be available to the Department of Commerce and

    Economic Opportunity 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.

        (2.1) For the fiscal year beginning July 1, 2004 and 
    for all fiscal years thereafter, 23% shall be deposited 
    into the General Revenue Fund.

        (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 University of 
    Illinois Department of Natural Resources for
the Prairie 
    Research Institute 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.

    (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
Economic Opportunity, 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 $4 $2 
million per fiscal
year from the Used Tire Management Fund 
shall be used as follows:

        (1) 55% shall be available to the Agency for the 
    following purposes, provided that priority shall be given 
    to subparagraph (A): 
            (A) 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.

            (B) To provide financial assistance to units of 
        local government and private industry for the purposes 
        of:
                (i) assisting 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.
            (C) To provide grants to public universities for 
        vector-related research, disease-related research, and 
        for related laboratory-based equipment and field-based 
        equipment. 
        (2) For fiscal years beginning prior to July 1, 2004,

    45% shall be available to the Department of Commerce and 
    Economic Opportunity 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.

        (3) For the fiscal year beginning July 1, 2004 and for 
    all fiscal years thereafter, 45% shall be deposited into 
    the General Revenue Fund.

(Source: P.A. 98-656, eff. 6-19-14.)

 



    (415 ILCS 5/55.6a)



    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) $300,000
$200,000 to the 
University of Illinois 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.

(Source: P.A. 93-32, eff. 6-20-03; 93-52, eff. 6-30-03.)


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