093_SB0361enr

 
SB361 Enrolled                       LRB093 07918 AMC 08109 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 State Finance Act is amended by  changing
 5    Section 6p-2 and adding Section 5.595 as follows:

 6        (30 ILCS 105/5.595 new)
 7        Sec. 5.595.  The Emergency Public Health Fund.

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

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

22        (415 ILCS 5/55.6a new)
23        Sec. 55.6a.  Emergency Public Health Fund.
24        (a)  Beginning on July 1, 2003, moneys in  the  Emergency
25    Public  Health  Fund,  subject  to  appropriation,  shall  be
26    allocated annually as follows: (i) $200,000 to the Department
27    of  Natural  Resources  for the purposes described in Section
28    55.6(c)(6)  and  (ii)  subject  to  subsection  (b)  of  this
29    Section, all remaining amounts to the  Department  of  Public
30    Health   to  be  used  to  make  vector  control  grants  and
31    surveillance grants to the Cook County Department  of  Public
32    Health  (for  areas  of  the  County  excluding  the  City of
33    Chicago), to the City of Chicago health  department,  and  to
 
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 1    other certified local health departments.  These grants shall
 2    be  used  for  expenses  related to West Nile Virus and other
 3    vector-borne diseases.  The amount of  each  grant  shall  be
 4    based  on  population  and  need  as supported by information
 5    submitted to  the  Department  of  Public  Health.   For  the
 6    purposes  of  this  Section,  need shall be determined by the
 7    Department based primarily upon  surveillance  data  and  the
 8    number  of  positive human cases of West Nile Virus and other
 9    vector-borne diseases occurring during the preceding year and
10    current year in the county or municipality seeking the grant.
11        (b)  Beginning on July 31, 2003, on the last day of  each
12    month,  the State Comptroller shall order transferred and the
13    State Treasurer shall transfer  the  fees  collected  in  the
14    previous  month  pursuant  to item (1.5) of subsection (a) of
15    Section 55.8 from the Emergency Public  Health  Fund  to  the
16    Communications   Revolving   Fund.    These  transfers  shall
17    continue until the  cumulative  total  of  the  transfers  is
18    $3,000,000.

19        (415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
20        Sec. 55.8.  Tire retailers.
21        (a)  Beginning  July  1,  1992, any person selling new or
22    used tires at retail or offering new or used tires for retail
23    sale in this State shall:
24             (1)  collect from retail  customers  a  fee  of  one
25        dollar  per  new and used tire sold and delivered in this
26        State to  be  paid  to  the  Department  of  Revenue  and
27        deposited  into  the  Used  Tire  Management Fund, less a
28        collection allowance of 10 cents per tire to be  retained
29        by  the  retail  seller  and a collection allowance of 10
30        cents per tire  to  be  retained  by  the  Department  of
31        Revenue and paid into the General Revenue Fund;
32             (1.5)  beginning  on  July  1,  2003,  collect  from
33        retail  customers  an additional 50 cents per new or used
 
SB361 Enrolled             -7-       LRB093 07918 AMC 08109 b
 1        tire  sold  and  delivered  in  this  State.   The  money
 2        collected from this  fee  shall  be  deposited  into  the
 3        Emergency  Public  Health Fund.  This fee shall no longer
 4        be collected beginning on January 1, 2008.
 5             (2)  accept for recycling used tires from customers,
 6        at the point of transfer, in  a  quantity  equal  to  the
 7        number of new tires purchased; and
 8             (3)  post in a conspicuous place a written notice at
 9        least  8.5  by  11  inches  in  size  that  includes  the
10        universal  recycling symbol and the following statements:
11        "DO NOT put used tires in the trash."; "Recycle your used
12        tires."; and "State law requires us to accept used  tires
13        for recycling, in exchange for new tires purchased.".
14        (b)  A  person who accepts used tires for recycling under
15    subsection (a) shall not allow the tires  to  accumulate  for
16    periods of more than 90 days.
17        (c)  The  requirements  of subsection (a) of this Section
18    do not apply to mail order sales nor shall the retail sale of
19    a motor vehicle be considered  to  be  the  sale  of    tires
20    at  retail  or  offering of tires for retail sale. Instead of
21    filing returns, retailers of tires may remit  the  tire  user
22    fee  of  $1.00  per  tire  to their suppliers of tires if the
23    supplier of tires is  a  registered  retailer  of  tires  and
24    agrees  or  otherwise  arranges to collect and remit the tire
25    fee to the Department of Revenue,  notwithstanding  the  fact
26    that the sale of the tire is a sale for resale and not a sale
27    at   retail.   A  tire  supplier  who  enters  into  such  an
28    arrangement with a tire retailer shall be liable for the  tax
29    on  all  tires sold to the tire retailer and must (i) provide
30    the tire retailer with a receipt that separately reflects the
31    tire tax collected from the retailer on each transaction  and
32    (ii)  accept  used  tires  for  recycling from the retailer's
33    customers.  The  tire  supplier  shall  be  entitled  to  the
34    collection allowance of 10 cents per tire.
 
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 1        The  retailer of the tires must maintain in its books and
 2    records evidence that the appropriate fee  was  paid  to  the
 3    tire  supplier and that the tire supplier has agreed to remit
 4    the fee to the Department of Revenue for each  tire  sold  by
 5    the retailer.  Otherwise, the tire retailer shall be directly
 6    liable  for  the  fee  on  all  tires  sold  at retail.  Tire
 7    retailers paying the fee to their suppliers are not  entitled
 8    to the collection allowance of 10 cents per tire.
 9        (d)  The  requirements  of subsection (a) of this Section
10    shall apply exclusively to tires  to  be  used  for  vehicles
11    defined  in  Section  1-217  of  the  Illinois  Vehicle Code,
12    aircraft tires, special mobile equipment, and  implements  of
13    husbandry.
14        (e)  The  requirements of paragraph (1) of subsection (a)
15    do not apply to the sale of reprocessed tires.  For  purposes
16    of  this  Section,  "reprocessed tire" means a used tire that
17    has been recapped, retreaded, or regrooved and that  has  not
18    been placed on a vehicle wheel rim.
19    (Source: P.A. 90-14, eff. 7-1-97.)

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