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Public Act 100-0327 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
changing Sections 55, 55.6, and 55.6a as follows:
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(415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
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Sec. 55. Prohibited activities.
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(a) No person shall:
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(1) Cause or allow the open dumping of any used or | ||||
waste tire.
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(2) Cause or allow the open burning of any used or | ||||
waste tire.
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(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.
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(4) Cause or allow the operation of a tire storage site | ||||
except in
compliance with Board regulations.
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(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.
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(6) Fail to submit required reports, tire removal |
agreements,
or Board regulations.
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(b) (Blank.)
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(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
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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,
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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.
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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.
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(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:
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(1) the name and address of the owner and operator;
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(2) the name, address and location of the operation;
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(3) the type of operations involving used and waste | ||
tires (storage,
disposal, conversion or processing); and
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(4) the number of used and waste tires present at the | ||
location.
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(d) Beginning January 1, 1992, no person shall cause or | ||
allow the
operation of:
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(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
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(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.
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The Agency shall provide written forms for the annual | ||
registration and
certification required under this subsection | ||
(d).
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(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.
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(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.
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(g) No person shall engage in any operation as a used or | ||
waste tire
transporter except in compliance with Board | ||
regulations.
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(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.
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(i) No person shall cause or allow the use of pesticides to | ||
treat tires
except as prescribed by Board regulations.
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(j) No person shall fail to comply with the terms of a tire | ||
removal
agreement approved by the Agency pursuant to Section | ||
55.4.
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(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.)
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(415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
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Sec. 55.6. Used Tire Management Fund.
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(a) There is hereby created in the State Treasury a special
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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.
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(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.
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(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:
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(1) 38% shall be available to the Agency for the | ||
following
purposes, provided that priority shall be given | ||
to item (i):
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(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.
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(ii) For the performance of inspection and | ||
enforcement activities for
used and waste tire sites.
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(iii) To assist with marketing of used tires by | ||
augmenting the
operations of an industrial materials | ||
exchange service.
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(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.
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(v) To provide financial assistance for used and | ||
waste tire collection
projects sponsored by local | ||
government or not-for-profit corporations.
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(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.
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(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,
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23% shall be available to the Department of Commerce and
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Economic Opportunity for the following purposes, provided | ||
that priority shall be
given to item (A):
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(A) To provide grants or loans for the purposes of:
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(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;
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(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
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(iii) applying demonstrated technologies as a | ||
means of collecting,
storing, processing, and | ||
utilizing used and waste tires
and tire derived | ||
materials.
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(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
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associated insects.
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(C) (Blank).
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(D) To perform such research as the Director deems | ||
appropriate to
help meet the purposes of this Act.
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(E) To pay the costs of administration of its | ||
activities authorized
under this Act.
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(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.
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(3) 25% shall be available to the Illinois Department | ||
of
Public Health for the following purposes:
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(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.
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(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.
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(C) To conduct training activities to promote | ||
vector control programs
and integrated pest management | ||
as defined in the Vector Control Act.
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(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.
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(E) To provide financial assistance to units of | ||
local government for
training, investigation and | ||
response to public nuisances associated with
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mosquitoes and other vectors of disease.
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(4) 2% shall be available to the Department of | ||
Agriculture for its
activities under the Illinois | ||
Pesticide Act relating to used and waste tires.
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(5) 2% shall be available to the Pollution Control | ||
Board for
administration of its activities relating to used | ||
and waste tires.
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(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
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arthropods, especially mosquitoes, and the diseases they | ||
spread.
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(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.
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(e) Any monies appropriated from the Used Tire Management | ||
Fund, but not
obligated, shall revert to the Fund.
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(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.
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(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:
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(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.
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(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,
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45% shall be available to the Department of Commerce and | ||
Economic Opportunity to provide grants or loans for the | ||
purposes of:
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(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;
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(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
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(iii) applying demonstrated technologies as a | ||
means of collecting,
storing, processing, and | ||
utilizing used and waste tires and tire derived
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materials.
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(3) For the fiscal year beginning July 1, 2004 and for | ||
all fiscal years thereafter, 45% shall be deposited into | ||
the General Revenue Fund.
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(Source: P.A. 98-656, eff. 6-19-14.)
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(415 ILCS 5/55.6a)
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Sec. 55.6a. Emergency Public Health Fund.
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(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
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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.
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(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
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Communications Revolving Fund. These transfers shall continue | ||
until the
cumulative total of the transfers is $3,000,000.
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(Source: P.A. 93-32, eff. 6-20-03; 93-52, eff. 6-30-03.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |