State of Illinois
91st General Assembly
Legislation

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91_HB4481

 
                                               LRB9108995LDcd

 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.
 9        (a)  There is hereby created  in  the  State  Treasury  a
10    special  fund  to  be known as the Used Tire Management Fund.
11    There shall be deposited into the Fund all monies received as
12    (1) recovered costs or proceeds from the sale of  used  tires
13    under  Section  55.3 of this Act, (2) repayment of loans from
14    the Used Tire Management Fund, or (3) penalties  or  punitive
15    damages  for  violations of this Title, except as provided by
16    subdivision (b)(4) of Section 42.
17        (b)  Beginning January 1, 1992, in addition to any  other
18    fees  required  by  law,  the  owner or operator of each site
19    required to be registered under subsection (d) of Section  55
20    shall pay to the Agency an annual fee of $100. Fees collected
21    under   this   subsection   shall   be   deposited  into  the
22    Environmental Protection Permit and Inspection Fund.
23        (c)  Until  July  1,  2000,  Pursuant  to  appropriation,
24    monies up to an amount of $2 million per fiscal year from the
25    Used Tire Management Fund shall be allocated as follows:
26             (1)  38% shall be available to the  Agency  for  the
27        following purposes, provided that priority shall be given
28        to item (i):
29                  (i)  To  undertake  preventive,  corrective  or
30             removal  action  as  authorized by and in accordance
31             with  Section  55.3,  and  to   recover   costs   in
 
                            -2-                LRB9108995LDcd
 1             accordance with Section 55.3.
 2                  (ii)  For  the  performance  of  inspection and
 3             enforcement  activities  for  used  and  waste  tire
 4             sites.
 5                  (iii)  To assist with marketing of  used  tires
 6             by   augmenting  the  operations  of  an  industrial
 7             materials exchange service.
 8                  (iv)  To provide financial assistance to  units
 9             of   local   government   for   the  performance  of
10             inspecting, investigating and enforcement activities
11             pursuant to subsection (r) of Section 4 at used  and
12             waste tire sites.
13                  (v)  To  provide  financial assistance for used
14             and waste  tire  collection  projects  sponsored  by
15             local government or not-for-profit corporations.
16                  (vi)  For  the  costs  of  fee  collection  and
17             administration relating to used and waste tires, and
18             to  accomplish such other purposes as are authorized
19             by this Act and regulations thereunder.
20             (2)  23% shall be available  to  the  Department  of
21        Commerce   and   Community   Affairs  for  the  following
22        purposes, provided that priority shall be given  to  item
23        (A):
24                  (A)  To   provide   grants  or  loans  for  the
25             purposes of:
26                       (i)  assisting units of  local  government
27                  and  private  industry  in the establishment of
28                  facilities and programs to collect, process and
29                  utilize used and waste tires and  tire  derived
30                  materials;
31                       (ii)  demonstrating   the  feasibility  of
32                  innovative   technologies   as   a   means   of
33                  collecting, storing, processing  and  utilizing
34                  used   and   waste   tires   and  tire  derived
 
                            -3-                LRB9108995LDcd
 1                  materials; and
 2                       (iii)  applying demonstrated  technologies
 3                  as  a means of collecting, storing, processing,
 4                  and utilizing used and  waste  tires  and  tire
 5                  derived materials.
 6                  (B)  To develop educational material for use by
 7             officials  and  the  public to better understand and
 8             respond to the problems  posed  by  used  tires  and
 9             associated insects.
10                  (C)  (Blank).
11                  (D)  To  perform  such research as the Director
12             deems appropriate to help meet the purposes of  this
13             Act.
14                  (E)  To  pay the costs of administration of its
15             activities authorized under this Act.
16             (3)  25%  shall  be  available   to   the   Illinois
17        Department of Public Health for the following purposes:
18                  (A)  To   investigate   threats   or  potential
19             threats to the public health related  to  mosquitoes
20             and  other  vectors  of  disease associated with the
21             improper storage, handling and  disposal  of  tires,
22             improper waste disposal, or natural conditions.
23                  (B)  To  conduct  surveillance  and  monitoring
24             activities   for   mosquitoes  and  other  arthropod
25             vectors of  disease,  and  surveillance  of  animals
26             which  provide  a  reservoir  for  disease-producing
27             organisms.
28                  (C)  To  conduct training activities to promote
29             vector  control   programs   and   integrated   pest
30             management as defined in the Vector Control Act.
31                  (D)  To   respond   to  inquiries,  investigate
32             complaints,   conduct   evaluations   and    provide
33             technical  consultation  to help reduce or eliminate
34             public  health  hazards  and   nuisance   conditions
 
                            -4-                LRB9108995LDcd
 1             associated with mosquitoes and other vectors.
 2                  (E)  To  provide  financial assistance to units
 3             of local government for training, investigation  and
 4             response   to   public   nuisances  associated  with
 5             mosquitoes and other vectors of disease.
 6             (4)  2% shall be  available  to  the  Department  of
 7        Agriculture   for   its  activities  under  the  Illinois
 8        Pesticide Act relating to used and waste tires.
 9             (5)  2% shall be available to the Pollution  Control
10        Board  for  administration  of its activities relating to
11        used and waste tires.
12             (6)  10% shall be available  to  the  Department  of
13        Natural Resources for the Illinois Natural History Survey
14        to  perform  research to study the biology, distribution,
15        population ecology, and biosystematics  of  tire-breeding
16        arthropods,  especially mosquitoes, and the diseases they
17        spread.
18    The allocations provided by this subsection (c) do not  apply
19    to State fiscal year 2001 or thereafter.
20        (d)  By  January 1, 1998, and biennially thereafter, each
21    State agency receiving an appropriation from  the  Used  Tire
22    Management  Fund shall report to the Governor and the General
23    Assembly on its activities relating to the Fund.
24        (e)  Any  monies  appropriated   from   the   Used   Tire
25    Management Fund, but not obligated, shall revert to the Fund.
26        (f)  In administering the provisions of subdivisions (1),
27    (2)  and  (3)  of subsection (c) of this Section, the Agency,
28    the Department of Commerce and  Community  Affairs,  and  the
29    Illinois  Department  of  Public  Health  shall  ensure  that
30    appropriate   funding   assistance   is   provided   to   any
31    municipality  with  a  population  over  1,000,000  or to any
32    sanitary district which serves a population over 1,000,000.
33        (g)  Pursuant to appropriation, monies in  excess  of  $2
34    million  per  fiscal  year from the Used Tire Management Fund
 
                            -5-                LRB9108995LDcd
 1    shall be used as follows:
 2             (1)  55%  shall  be  available  to  the  Agency   to
 3        undertake  preventive,  corrective  or  renewed action as
 4        authorized by and in accordance with Section 55.3 and  to
 5        recover costs in accordance with Section 55.3.
 6             (2)  45%  shall  be  available  to the Department of
 7        Commerce and Community Affairs to provide grants or loans
 8        for the purposes of:
 9                  (i)  assisting units of  local  government  and
10             private  industry in the establishment of facilities
11             and programs to collect, process and  utilize  waste
12             tires and tire derived material;
13                  (ii)  demonstrating    the    feasibility    of
14             innovative  technologies  as  a means of collecting,
15             storing, processing, and utilizing  used  and  waste
16             tires and tire derived materials; and
17                  (iii)  applying  demonstrated technologies as a
18             means  of  collecting,  storing,   processing,   and
19             utilizing  used  and  waste  tires  and tire derived
20             materials.
21    (Source: P.A. 89-445, eff. 2-7-96; 89-499, eff. 6-28-96.)

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

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