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Public Act 098-0656
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| SB2671 Enrolled | LRB098 15831 MGM 50873 b |
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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, 55.1, 55.2, and 55.6 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 |
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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 |
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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 |
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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 12 used or waste tires are 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. 96-737, eff. 8-25-09.)
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(415 ILCS 5/55.1) (from Ch. 111 1/2, par. 1055.1)
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Sec. 55.1.
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(a) The prohibitions set forth in subdivision (a)(3) of
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Section 55 of this Act shall not apply to used tires:
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(1) generated and located at a site as a result of the |
growing and
harvesting of agricultural crops or the raising |
of animals, as long as not
more than 20 used tires are |
located at the site;
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(2) located at a residential household, as long as not |
more than 12 used
tires are located at the site; or
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(3) which were placed in service for recreational |
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purposes prior to
January 1, 1990 at a school, park or |
playground, provided that the used
tires are altered by |
January 1, 1992.
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(b) The prohibitions set forth in subdivisions (a)(3), |
(a)(4), (c),
(d), (d-5), (d-6), (e), (g), and (k)(4)
of Section |
55 of this Act shall not apply to used or waste tires collected
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by a not-for-profit corporation if:
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(1) the collection location has been approved by the |
applicable general
purpose unit of local government;
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(2) the collected tires are transported to a facility |
permitted by the
Agency to store, process or dispose of |
used or waste tires within 7 days
after collection; and
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(3) the collection does not occur as a continuous |
business operation.
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(c) The prohibitions set forth in subdivisions (a)(3), |
(a)(4), (c),
(d), (d-5), (d-6), (e), (g), and (k)(4) of Section |
55 of this Act shall not apply to used or waste
tires collected |
by the State or a unit of local government, provided that:
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(1) the collection is part of an established program to |
take preventive
or corrective action regarding such tires;
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(2) any staging sites for handling such tires are |
reasonably secure and
regularly maintained in a safe |
manner; and
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(3) the Agency is notified in writing during January of |
each calendar
year regarding the location of the staging |
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sites, the number of such tires
accumulated, the status of |
vector controls, and actions taken to process
such tires.
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The Agency shall provide written confirmation to a State |
agency or unit
of local government regarding the applicability |
of this subsection
upon receipt of a written description of its |
established program, and each
January following receipt of the |
annual report required under subdivision
(c)(3) of this |
subsection.
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For purposes of determining the applicability of this |
subsection, any
municipality with a population over 1,000,000 |
may certify to
the Agency by January 1, 1990 that it operates |
an established program. Upon
the filing of such a |
certification, the established program shall be deemed
to |
satisfy the provisions of subdivisions (1) and (2) of this |
subsection.
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(d) The prohibitions set forth in subdivision (a)(5) of |
Section 55 of
this Act shall not apply to used tires that are |
generated and located at a
permitted coal mining site after use |
on specialized coal hauling and
extraction vehicles.
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(Source: P.A. 96-737, eff. 8-25-09.)
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(415 ILCS 5/55.2) (from Ch. 111 1/2, par. 1055.2)
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Sec. 55.2.
(a) Not later than July 1, 1990, the Agency |
shall propose
regulations which prescribe standards for the |
storage, disposal, processing
and transportation of used and |
waste tires.
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(b) Not later than one year after the receipt of the |
Agency's proposed
regulations, the Board shall adopt, pursuant |
to Sections 27 and 28 of this
Act, regulations which are |
consistent with the provisions of this Title.
These regulations |
shall, at a minimum, specify: recordkeeping and reporting
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requirements; criteria for minimizing the danger of tire fires, |
including
dimensions for piling tires and minimum aisle |
spacing; financial assurance
criteria; and criteria for |
distinguishing storage from disposal. In
addition, such |
regulations shall prohibit the use of pesticides as an
ongoing |
means of demonstrating compliance with this Title.
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(b-5) Not later than 6 months after the effective date of |
this amendatory Act of the 98th General Assembly, the Agency |
shall propose, and, not later than 9 months after receipt of |
the Agency's proposal, the Board shall adopt, revisions to the |
rules adopted under this Title that are necessary to conform |
those rules to the requirements of this Title, including, but |
not limited to, revisions to those rules that are necessary to |
implement the changes made to this Act by this amendatory Act |
of the 98th General Assembly. |
(c) In adopting regulations under this Section, the Board |
may impose
different requirements for different categories of |
used or waste tire
storage, disposal, transport, and |
processing.
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(d) Nothing in this Section shall be construed as limiting |
the general
authority of the Board to promulgate regulations |
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pursuant to Title VII of this Act.
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(Source: P.A. 86-452.)
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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 $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 |
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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 |
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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.
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(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 |
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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 |
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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 Department of Natural |
Resources for
the 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 $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 to undertake preventive,
corrective or |
renewed action as authorized by and in accordance with
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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; |
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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 |
(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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(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
|
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 |