093_HB2812

 
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 1        AN ACT in relation to environmental protection.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Environmental Protection Act is amended
 5    by changing Sections 53, 55.6, and 55.8 as follows:

 6        (415 ILCS 5/53) (from Ch. 111 1/2, par. 1053)
 7        Sec. 53. Used tires; findings and purposes.
 8        (a)  The General Assembly finds:
 9             (1)  that used and waste tires constitute a  growing
10        solid  waste  problem  of  considerable magnitude that is
11        exacerbated by the fact that tires do not readily degrade
12        or decompose;
13             (2)  that the accumulation of used and  waste  tires
14        constitutes  a  fire hazard and a threat to air and water
15        quality;
16             (3)  that  unmanaged  used  and  waste  tire   sites
17        encourage open dumping of other types of waste;
18             (4)  that  used  and waste tire accumulations pose a
19        threat to  the  public  health,  safety  and  welfare  by
20        providing  habitat  for  a  number  of  disease-spreading
21        mosquitoes  and  other  nuisance  organisms, and that the
22        transport of used tires has  introduced  such  mosquitoes
23        into the State and dispersed them;
24             (5)  that State and local governmental agencies need
25        the  ability to remove, or cause the removal of, used and
26        waste tire accumulations as necessary to abate or correct
27        hazards to public health and to protect the  environment;
28        and
29             (6)  that  used  and  waste  tires may also afford a
30        significant economic opportunity for recycling  into  new
31        and useful products or as a source of fuel.
 
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 1        (b)  It is the purpose of this Act:
 2             (1)  to   ensure  that  used  and  waste  tires  are
 3        collected and are  put  to  beneficial  use  or  properly
 4        disposed of;
 5             (2)  to  provide for the abatement of used and waste
 6        tire  dumps,   other   habitats   for   disease-spreading
 7        mosquitoes,  and  associated threats to the public health
 8        and welfare;
 9             (3)  to encourage the development of used and  waste
10        tire  processing  facilities  and technologies, including
11        energy recovery; and
12             (4)  to  provide  for  public  health  surveillance,
13        disease  prevention,  and  research  on  disease  vectors
14        associated with used and waste tires,  and  the  diseases
15        they spread.
16        It  shall  be  the  policy  of  the  State of Illinois to
17    provide for the recovery, recycling and  reuse  of  materials
18    from  scrap  vehicle tires.  The following hierarchy shall be
19    in effect for tires generated for waste  management  in  this
20    State:
21             (1)  Reuse  of  tire  casings  for  remanufacture or
22        retreading.
23             (2)  Processing of tires into  marketable  products,
24        such as stamped parts from portions of tire casings.
25             (3)  Total  destruction  of  tires  into  a  uniform
26        product that is marketable as a fuel or recycled material
27        feedstock,  including such products as tire-derived fuel,
28        or recovered rubber for recycling into  rubber  or  other
29        products or as an asphalt additive.
30             (4)  Total  destruction  of  tires  through  primary
31        shredding  to  produce a nonuniform product for use as in
32        road beds or other construction  applications,  or  at  a
33        landfill or similar site for erosion control or cover.
34             (5)  Total  destruction  of  tires  to  a nonuniform
 
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 1        product consistency for direct landfill disposal.
 2    (Source: P.A. 86-452; 87-727.)

 3        (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
 4        Sec. 55.6. Used Tire Management Fund.
 5        (a)  There is hereby created  in  the  State  Treasury  a
 6    special  fund  to  be known as the Used Tire Management Fund.
 7    There shall be deposited into the Fund all monies received as
 8    (1) recovered costs or proceeds from the sale of  used  tires
 9    under  Section  55.3 of this Act, (2) repayment of loans from
10    the Used Tire Management Fund, or (3) penalties  or  punitive
11    damages  for  violations of this Title, except as provided by
12    subdivision (b)(4) or (b)(4-5) of Section 42.
13        (b)  Beginning January 1, 1992, in addition to any  other
14    fees  required  by  law,  the  owner or operator of each site
15    required to be registered under subsection (d) of Section  55
16    shall pay to the Agency an annual fee of $100. Fees collected
17    under   this   subsection   shall   be   deposited  into  the
18    Environmental Protection Permit and Inspection Fund.
19        (c)  Pursuant to appropriation, monies up to an amount of
20    $2 million per fiscal year from the Used Tire Management Fund
21    shall be allocated as follows:
22             (1)  38% shall be available to the  Agency  for  the
23        following purposes, provided that priority shall be given
24        to item (i):
25                  (i)  To  undertake  preventive,  corrective  or
26             removal  action  as  authorized by and in accordance
27             with  Section  55.3,  and  to   recover   costs   in
28             accordance with Section 55.3.
29                  (ii)  For  the  performance  of  inspection and
30             enforcement  activities  for  used  and  waste  tire
31             sites.
32                  (iii)  To assist with marketing of  used  tires
33             by   augmenting  the  operations  of  an  industrial
 
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 1             materials exchange service.
 2                  (iv)  To provide financial assistance to  units
 3             of   local   government   for   the  performance  of
 4             inspecting, investigating and enforcement activities
 5             pursuant to subsection (r) of Section 4 at used  and
 6             waste tire sites.
 7                  (v)  To  provide  financial assistance for used
 8             and waste  tire  collection  projects  sponsored  by
 9             local government or not-for-profit corporations.
10                  (vi)  For  the  costs  of  fee  collection  and
11             administration relating to used and waste tires, and
12             to  accomplish such other purposes as are authorized
13             by this Act and regulations thereunder.
14             (2)  23% shall be available  to  the  Department  of
15        Commerce   and   Community   Affairs  for  the  following
16        purposes, provided that priority shall be given  to  item
17        (A):
18                  (A)  To   provide   grants  or  loans  for  the
19             purposes of:
20                       (i)  assisting units of  local  government
21                  and  private  industry  in the establishment of
22                  facilities and programs to collect, process and
23                  utilize used and waste tires and  tire  derived
24                  materials;
25                       (ii)  demonstrating   the  feasibility  of
26                  innovative   technologies   as   a   means   of
27                  collecting, storing, processing  and  utilizing
28                  used   and   waste   tires   and  tire  derived
29                  materials; and
30                       (iii)  applying demonstrated  technologies
31                  as  a means of collecting, storing, processing,
32                  and utilizing used and  waste  tires  and  tire
33                  derived materials.
34                  (B)  To develop educational material for use by
 
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 1             officials  and  the  public to better understand and
 2             respond to the problems  posed  by  used  tires  and
 3             associated insects.
 4                  (C)  (Blank).
 5                  (D)  To  perform  such research as the Director
 6             deems appropriate to help meet the purposes of  this
 7             Act.
 8                  (E)  To  pay the costs of administration of its
 9             activities authorized under this Act.
10             (3)  25%  shall  be  available   to   the   Illinois
11        Department of Public Health for the following purposes:
12                  (A)  To   investigate   threats   or  potential
13             threats to the public health related  to  mosquitoes
14             and  other  vectors  of  disease associated with the
15             improper storage, handling and  disposal  of  tires,
16             improper waste disposal, or natural conditions.
17                  (B)  To  conduct  surveillance  and  monitoring
18             activities   for   mosquitoes  and  other  arthropod
19             vectors of  disease,  and  surveillance  of  animals
20             which  provide  a  reservoir  for  disease-producing
21             organisms.
22                  (C)  To  conduct training activities to promote
23             vector  control   programs   and   integrated   pest
24             management as defined in the Vector Control Act.
25                  (D)  To   respond   to  inquiries,  investigate
26             complaints,   conduct   evaluations   and    provide
27             technical  consultation  to help reduce or eliminate
28             public  health  hazards  and   nuisance   conditions
29             associated with mosquitoes and other vectors.
30                  (E)  To  provide  financial assistance to units
31             of local government for training, investigation  and
32             response   to   public   nuisances  associated  with
33             mosquitoes and other vectors of disease.
34             (4)  2% shall be  available  to  the  Department  of
 
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 1        Agriculture   for   its  activities  under  the  Illinois
 2        Pesticide Act relating to used and waste tires.
 3             (5)  2% shall be available to the Pollution  Control
 4        Board  for  administration  of its activities relating to
 5        used and waste tires.
 6             (6)  10% shall be available  to  the  Department  of
 7        Natural Resources for the Illinois Natural History Survey
 8        to  perform  research to study the biology, distribution,
 9        population ecology, and biosystematics  of  tire-breeding
10        arthropods,  especially mosquitoes, and the diseases they
11        spread.
12          (d)  By January 1,  1998,  and  biennially  thereafter,
13    each  State  agency  receiving an appropriation from the Used
14    Tire Management Fund shall report to  the  Governor  and  the
15    General Assembly on its activities relating to the Fund.
16        (e)  Any   monies   appropriated   from   the  Used  Tire
17    Management Fund, but not obligated, shall revert to the Fund.
18        (f)  In administering the provisions of subdivisions (1),
19    (2) and (3) of subsection (c) of this  Section,  the  Agency,
20    the  Department  of  Commerce  and Community Affairs, and the
21    Illinois  Department  of  Public  Health  shall  ensure  that
22    appropriate   funding   assistance   is   provided   to   any
23    municipality with a  population  over  1,000,000  or  to  any
24    sanitary district which serves a population over 1,000,000.
25        (g)  Pursuant  to  appropriation,  monies in excess of $2
26    million per fiscal year from the Used  Tire  Management  Fund
27    shall be used as follows:
28             (1)  55%   shall  be  available  to  the  Agency  to
29        undertake preventive, corrective  or  renewed  action  as
30        authorized  by and in accordance with Section 55.3 and to
31        recover costs in accordance with Section 55.3.
32             (2)  45% shall be available  to  the  Department  of
33        Commerce and Community Affairs to provide grants or loans
34        for the purposes of:
 
                            -7-      LRB093 07559 EFG 07734 b
 1                  (i)  assisting  units  of  local government and
 2             private industry in the establishment of  facilities
 3             and  programs  to collect, process and utilize waste
 4             tires and tire derived material;
 5                  (ii)  demonstrating    the    feasibility    of
 6             innovative technologies as a  means  of  collecting,
 7             storing,  processing,  and  utilizing used and waste
 8             tires and tire derived materials; and
 9                  (iii)  applying demonstrated technologies as  a
10             means   of   collecting,  storing,  processing,  and
11             utilizing used and  waste  tires  and  tire  derived
12             materials.
13        (h)  Pursuant  to  appropriation,  all moneys from the $1
14    per tire increase in the tire fee imposed under Section  55.8
15    made  by  this  amendatory  Act  of the 93rd General Assembly
16    shall be made available to the Illinois Department of  Public
17    Health for:
18             (1)  distribution    to   certified   local   health
19        departments, to be used for the following purposes:
20                  (A)  to  investigate   threats   or   potential
21             threats  to  the public health related to mosquitoes
22             and other vectors of  disease  associated  with  the
23             improper  storage,  handling, and disposal of tires,
24             improper waste disposal, or natural conditions;
25                  (B)  to  conduct  surveillance  and  monitoring
26             activities  for  mosquitoes  and   other   arthropod
27             vectors  of  disease,  and  surveillance  of animals
28             which  provide  a  reservoir  for  disease-producing
29             organisms;
30                  (C)  to conduct training activities to  promote
31             vector   control   programs   and   integrated  pest
32             management as defined in the Vector Control Act; and
33                  (D)  to  respond  to   inquiries,   investigate
34             complaints,   conduct   evaluations,   and   provide
 
                            -8-      LRB093 07559 EFG 07734 b
 1             technical  consultation  to help reduce or eliminate
 2             public  health  hazards  and   nuisance   conditions
 3             associated with mosquitoes and other vectors; and
 4             (2)  providing  financial  assistance  to  units  of
 5        local  government for training, investigation, abatement,
 6        and  response  to  public   nuisances   associated   with
 7        mosquitoes and other vectors of disease.
 8    (Source: P.A. 91-856, eff. 6-22-00; 92-16, eff. 6-28-01.)

 9        (415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
10        Sec. 55.8.  Tire retailers.
11        (a)  Beginning  July  1,  2003  1992,  any person selling
12    tires at retail or offering tires for  retail  sale  in  this
13    State shall:
14             (1)  collect  from  retail customers a fee of $2 one
15        dollar per tire sold and delivered in this  State  to  be
16        paid  to the Department of Revenue and deposited into the
17        Used Tire Management Fund, less a collection allowance of
18        10 cents per tire to be retained by the retail seller and
19        a collection  allowance  of  10  cents  per  tire  to  be
20        retained  by  the Department of Revenue and paid into the
21        General Revenue Fund;
22             (2)  accept for recycling used tires from customers,
23        at the point of transfer, in  a  quantity  equal  to  the
24        number of new tires purchased; and
25             (3)  post in a conspicuous place a written notice at
26        least  8.5  by  11  inches  in  size  that  includes  the
27        universal  recycling symbol and the following statements:
28        "DO NOT put used tires in the trash."; "Recycle your used
29        tires."; and "State law requires us to accept used  tires
30        for recycling, in exchange for new tires purchased.".
31        (b)  A  person who accepts used tires for recycling under
32    subsection (a) shall not allow the tires  to  accumulate  for
33    periods of more than 90 days.
 
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 1        (c)  The  requirements  of subsection (a) of this Section
 2    do not apply to mail order sales nor shall the retail sale of
 3    a motor vehicle be considered to  be  the  sale of  tires  at
 4    retail  or  offering  of  tires  for retail sale.  Instead of
 5    filing returns, retailers of tires may remit  the  tire  user
 6    fee  of  $1.00  per  tire  to their suppliers of tires if the
 7    supplier of tires is  a  registered  retailer  of  tires  and
 8    agrees  or  otherwise  arranges to collect and remit the tire
 9    fee to the Department of Revenue,  notwithstanding  the  fact
10    that the sale of the tire is a sale for resale and not a sale
11    at   retail.   A  tire  supplier  who  enters  into  such  an
12    arrangement with a tire retailer shall be liable for the  tax
13    on  all  tires sold to the tire retailer and must (i) provide
14    the tire retailer with a receipt that separately reflects the
15    tire tax collected from the retailer on each transaction  and
16    (ii)  accept  used  tires  for  recycling from the retailer's
17    customers.  The  tire  supplier  shall  be  entitled  to  the
18    collection allowance of 10 cents per tire.
19        The  retailer of the tires must maintain in its books and
20    records evidence that the appropriate fee  was  paid  to  the
21    tire  supplier and that the tire supplier has agreed to remit
22    the fee to the Department of Revenue for each  tire  sold  by
23    the retailer.  Otherwise, the tire retailer shall be directly
24    liable  for  the  fee  on  all  tires  sold  at retail.  Tire
25    retailers paying the fee to their suppliers are not  entitled
26    to the collection allowance of 10 cents per tire.
27        (d)  The  requirements  of subsection (a) of this Section
28    shall apply exclusively to tires  to  be  used  for  vehicles
29    defined  in  Section  1-217  of  the  Illinois  Vehicle Code,
30    aircraft tires, special mobile equipment, and  implements  of
31    husbandry.
32        (e)  The  requirements of paragraph (1) of subsection (a)
33    do not apply to the sale of reprocessed tires.  For  purposes
34    of  this  Section,  "reprocessed tire" means a used tire that
 
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 1    has been recapped, retreaded, or regrooved and that  has  not
 2    been placed on a vehicle wheel rim.
 3    (Source: P.A. 90-14, eff. 7-1-97.)

 4        Section  99.  Effective date.  This Act takes effect July
 5    1, 2003.