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91_HB4481eng HB4481 Engrossed 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 HB4481 Engrossed -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 HB4481 Engrossed -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 HB4481 Engrossed -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. 18The allocations provided by this subsection (c) do not apply19to 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 HB4481 Engrossed -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.