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91_HB1364 LRB9103081ACtm 1 AN ACT to amend the Environmental Protection Act by 2 changing Section 55.6. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Environmental Protection Act is amended 6 by changing Section 55.6 as follows: 7 (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6) 8 Sec. 55.6. Used Tire Management Fund; allocation of funds 9 . 10 (a) There is hereby created in the State Treasury a 11 special fund to be known as the Used Tire Management Fund. 12 There shall be deposited into the Fund all monies received as 13 (1) recovered costs or proceeds from the sale of used tires 14 under Section 55.3 of this Act, (2) repayment of loans from 15 the Used Tire Management Fund, or (3) penalties or punitive 16 damages for violations of this Title, except as provided by 17 subdivision (b)(4) of Section 42. 18 (b) Beginning January 1, 1992, in addition to any other 19 fees required by law, the owner or operator of each site 20 required to be registered under subsection (d) of Section 55 21 shall pay to the Agency an annual fee of $100. Fees collected 22 under this subsection shall be deposited into the 23 Environmental Protection Permit and Inspection Fund. 24 (c) Until July 1, 2000, pursuant to appropriation, 25 monies up to an amount of $2 million per fiscal year from the 26 Used Tire Management Fund shall be allocated as follows: 27 (1) 38% shall be available to the Agency for the 28 following purposes, provided that priority shall be given 29 to item (i): 30 (i) To undertake preventive, corrective or 31 removal action as authorized by and in accordance -2- LRB9103081ACtm 1 with Section 55.3, and to recover costs in 2 accordance with Section 55.3. 3 (ii) For the performance of inspection and 4 enforcement activities for used and waste tire 5 sites. 6 (iii) To assist with marketing of used tires 7 by augmenting the operations of an industrial 8 materials exchange service. 9 (iv) To provide financial assistance to units 10 of local government for the performance of 11 inspecting, investigating and enforcement activities 12 pursuant to subsection (r) of Section 4 at used and 13 waste tire sites. 14 (v) To provide financial assistance for used 15 and waste tire collection projects sponsored by 16 local government or not-for-profit corporations. 17 (vi) For the costs of fee collection and 18 administration relating to used and waste tires, and 19 to accomplish such other purposes as are authorized 20 by this Act and regulations thereunder. 21 (2) 23% shall be available to the Department of 22 Commerce and Community Affairs for the following 23 purposes, provided that priority shall be given to item 24 (A): 25 (A) To provide grants or loans for the 26 purposes of: 27 (i) assisting units of local government 28 and private industry in the establishment of 29 facilities and programs to collect, process and 30 utilize used and waste tires and tire derived 31 materials; 32 (ii) demonstrating the feasibility of 33 innovative technologies as a means of 34 collecting, storing, processing and utilizing -3- LRB9103081ACtm 1 used and waste tires and tire derived 2 materials; and 3 (iii) applying demonstrated technologies 4 as a means of collecting, storing, processing, 5 and utilizing used and waste tires and tire 6 derived materials. 7 (B) To develop educational material for use by 8 officials and the public to better understand and 9 respond to the problems posed by used tires and 10 associated insects. 11 (C) (Blank). 12 (D) To perform such research as the Director 13 deems appropriate to help meet the purposes of this 14 Act. 15 (E) To pay the costs of administration of its 16 activities authorized under this Act. 17 (3) 25% shall be available to the Illinois 18 Department of Public Health for the following purposes: 19 (A) To investigate threats or potential 20 threats to the public health related to mosquitoes 21 and other vectors of disease associated with the 22 improper storage, handling and disposal of tires, 23 improper waste disposal, or natural conditions. 24 (B) To conduct surveillance and monitoring 25 activities for mosquitoes and other arthropod 26 vectors of disease, and surveillance of animals 27 which provide a reservoir for disease-producing 28 organisms. 29 (C) To conduct training activities to promote 30 vector control programs and integrated pest 31 management as defined in the Vector Control Act. 32 (D) To respond to inquiries, investigate 33 complaints, conduct evaluations and provide 34 technical consultation to help reduce or eliminate -4- LRB9103081ACtm 1 public health hazards and nuisance conditions 2 associated with mosquitoes and other vectors. 3 (E) To provide financial assistance to units 4 of local government for training, investigation and 5 response to public nuisances associated with 6 mosquitoes and other vectors of disease. 7 (4) 2% shall be available to the Department of 8 Agriculture for its activities under the Illinois 9 Pesticide Act relating to used and waste tires. 10 (5) 2% shall be available to the Pollution Control 11 Board for administration of its activities relating to 12 used and waste tires. 13 (6) 10% shall be available to the Department of 14 Natural Resources for the Illinois Natural History Survey 15 to perform research to study the biology, distribution, 16 population ecology, and biosystematics of tire-breeding 17 arthropods, especially mosquitoes, and the diseases they 18 spread. 19 The allocations provided by this subsection (c) do not apply 20 to State fiscal year 2001 or thereafter. 21 (d) By January 1, 1998, and biennially thereafter, each 22 State agency receiving an appropriation from the Used Tire 23 Management Fund shall report to the Governor and the General 24 Assembly on its activities relating to the Fund. 25 (e) Any monies appropriated from the Used Tire 26 Management Fund, but not obligated, shall revert to the Fund. 27 (f) In administering the provisions of subdivisions (1), 28 (2) and (3) of subsection (c) of this Section, the Agency, 29 the Department of Commerce and Community Affairs, and the 30 Illinois Department of Public Health shall ensure that 31 appropriate funding assistance is provided to any 32 municipality with a population over 1,000,000 or to any 33 sanitary district which serves a population over 1,000,000. 34 (g) Pursuant to appropriation, monies in excess of $2 -5- LRB9103081ACtm 1 million per fiscal year from the Used Tire Management Fund 2 shall be used as follows: 3 (1) 55% shall be available to the Agency to 4 undertake preventive, corrective or renewed action as 5 authorized by and in accordance with Section 55.3 and to 6 recover costs in accordance with Section 55.3. 7 (2) 45% shall be available to the Department of 8 Commerce and Community Affairs to provide grants or loans 9 for the purposes of: 10 (i) assisting units of local government and 11 private industry in the establishment of facilities 12 and programs to collect, process and utilize waste 13 tires and tire derived material; 14 (ii) demonstrating the feasibility of 15 innovative technologies as a means of collecting, 16 storing, processing, and utilizing used and waste 17 tires and tire derived materials; and 18 (iii) applying demonstrated technologies as a 19 means of collecting, storing, processing, and 20 utilizing used and waste tires and tire derived 21 materials. 22 (Source: P.A. 89-445, eff. 2-7-96; 89-499, eff. 6-28-96.)