SB2671 EngrossedLRB098 15831 MGM 50873 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Sections 55, 55.1, 55.2, and 55.6 as follows:
 
6    (415 ILCS 5/55)  (from Ch. 111 1/2, par. 1055)
7    Sec. 55. Prohibited activities.
8    (a) No person shall:
9        (1) Cause or allow the open dumping of any used or
10    waste tire.
11        (2) Cause or allow the open burning of any used or
12    waste tire.
13        (3) Except at a tire storage site which contains more
14    than 50 used tires, cause or allow the storage of any used
15    tire unless the tire is altered, reprocessed, converted,
16    covered, or otherwise prevented from accumulating water.
17        (4) Cause or allow the operation of a tire storage site
18    except in compliance with Board regulations.
19        (5) Abandon, dump or dispose of any used or waste tire
20    on private or public property, except in a sanitary
21    landfill approved by the Agency pursuant to regulations
22    adopted by the Board.
23        (6) Fail to submit required reports, tire removal

 

 

SB2671 Engrossed- 2 -LRB098 15831 MGM 50873 b

1    agreements, or Board regulations.
2    (b) (Blank.)
3    (b-1) Beginning January 1, 1995, no person shall knowingly
4mix any used or waste tire, either whole or cut, with municipal
5waste, and no owner or operator of a sanitary landfill shall
6accept any used or waste tire for final disposal; except that
7used or waste tires, when separated from other waste, may be
8accepted if: (1) the sanitary landfill provides and maintains a
9means for shredding, slitting, or chopping whole tires and so
10treats whole tires and, if approved by the Agency in a permit
11issued under this Act, uses the used or waste tires for
12alternative uses, which may include on-site practices such as
13lining of roadways with tire scraps, alternative daily cover,
14or use in a leachate collection system or (2) the sanitary
15landfill, by its notification to the Illinois Industrial
16Materials Exchange Service, makes available the used or waste
17tire to an appropriate facility for reuse, reprocessing, or
18converting, including use as an alternate energy fuel. If,
19within 30 days after notification to the Illinois Industrial
20Materials Exchange Service of the availability of waste tires,
21no specific request for the used or waste tires is received by
22the sanitary landfill, and the sanitary landfill determines it
23has no alternative use for those used or waste tires, the
24sanitary landfill may dispose of slit, chopped, or shredded
25used or waste tires in the sanitary landfill. In the event the
26physical condition of a used or waste tire makes shredding,

 

 

SB2671 Engrossed- 3 -LRB098 15831 MGM 50873 b

1slitting, chopping, reuse, reprocessing, or other alternative
2use of the used or waste tire impractical or infeasible, then
3the sanitary landfill, after authorization by the Agency, may
4accept the used or waste tire for disposal.
5    Sanitary landfills and facilities for reuse, reprocessing,
6or converting, including use as alternative fuel, shall (i)
7notify the Illinois Industrial Materials Exchange Service of
8the availability of and demand for used or waste tires and (ii)
9consult with the Department of Commerce and Economic
10Opportunity regarding the status of marketing of waste tires to
11facilities for reuse.
12    (c) Any person who sells new or used tires at retail or
13operates a tire storage site or a tire disposal site which
14contains more than 50 used or waste tires shall give notice of
15such activity to the Agency. Any person engaging in such
16activity for the first time after January 1, 1990, shall give
17notice to the Agency within 30 days after the date of
18commencement of the activity. The form of such notice shall be
19specified by the Agency and shall be limited to information
20regarding the following:
21        (1) the name and address of the owner and operator;
22        (2) the name, address and location of the operation;
23        (3) the type of operations involving used and waste
24    tires (storage, disposal, conversion or processing); and
25        (4) the number of used and waste tires present at the
26    location.

 

 

SB2671 Engrossed- 4 -LRB098 15831 MGM 50873 b

1    (d) Beginning January 1, 1992, no person shall cause or
2allow the operation of:
3        (1) a tire storage site which contains more than 50
4    used tires, unless the owner or operator, by January 1,
5    1992 (or the January 1 following commencement of operation,
6    whichever is later) and January 1 of each year thereafter,
7    (i) registers the site with the Agency, except that the
8    registration requirement in this item (i) does not apply in
9    the case of a tire storage site required to be permitted
10    under subsection (d-5), (ii) certifies to the Agency that
11    the site complies with any applicable standards adopted by
12    the Board pursuant to Section 55.2, (iii) reports to the
13    Agency the number of tires accumulated, the status of
14    vector controls, and the actions taken to handle and
15    process the tires, and (iv) pays the fee required under
16    subsection (b) of Section 55.6; or
17        (2) a tire disposal site, unless the owner or operator
18    (i) has received approval from the Agency after filing a
19    tire removal agreement pursuant to Section 55.4, or (ii)
20    has entered into a written agreement to participate in a
21    consensual removal action under Section 55.3.
22    The Agency shall provide written forms for the annual
23registration and certification required under this subsection
24(d).
25    (d-4) On or before January 1, 2015, the owner or operator
26of each tire storage site that contains used tires totaling

 

 

SB2671 Engrossed- 5 -LRB098 15831 MGM 50873 b

1more than 10,000 passenger tire equivalents, or at which more
2than 500 tons of used tires are processed in a calendar year,
3shall submit documentation demonstrating its compliance with
4Board rules adopted under this Title. This documentation must
5be submitted on forms and in a format prescribed by the Agency.
6    (d-5) Beginning July 1, 2016, no person shall cause or
7allow the operation of a tire storage site that contains used
8tires totaling more than 10,000 passenger tire equivalents, or
9at which more than 500 tons of used tires are processed in a
10calendar year, without a permit granted by the Agency or in
11violation of any conditions imposed by that permit, including
12periodic reports and full access to adequate records and the
13inspection of facilities, as may be necessary to ensure
14compliance with this Act and with regulations and standards
15adopted under this Act.
16    (d-6) No person shall cause or allow the operation of a
17tire storage site in violation of the financial assurance rules
18established by the Board under subsection (b) of Section 55.2
19of this Act. In addition to the remedies otherwise provided
20under this Act, the State's Attorney of the county in which the
21violation occurred, or the Attorney General, may, at the
22request of the Agency or on his or her own motion, institute a
23civil action for an immediate injunction, prohibitory or
24mandatory, to restrain any violation of this subsection (d-6)
25or to require any other action as may be necessary to abate or
26mitigate any immediate danger or threat to public health or the

 

 

SB2671 Engrossed- 6 -LRB098 15831 MGM 50873 b

1environment at the site. Injunctions to restrain a violation of
2this subsection (d-6) may include, but are not limited to, the
3required removal of all tires for which financial assurance is
4not maintained and a prohibition against the acceptance of
5tires in excess of the amount for which financial assurance is
6maintained.
7    (e) No person shall cause or allow the storage, disposal,
8treatment or processing of any used or waste tire in violation
9of any regulation or standard adopted by the Board.
10    (f) No person shall arrange for the transportation of used
11or waste tires away from the site of generation with a person
12known to openly dump such tires.
13    (g) No person shall engage in any operation as a used or
14waste tire transporter except in compliance with Board
15regulations.
16    (h) No person shall cause or allow the combustion of any
17used or waste tire in an enclosed device unless a permit has
18been issued by the Agency authorizing such combustion pursuant
19to regulations adopted by the Board for the control of air
20pollution and consistent with the provisions of Section 9.4 of
21this Act.
22    (i) No person shall cause or allow the use of pesticides to
23treat tires except as prescribed by Board regulations.
24    (j) No person shall fail to comply with the terms of a tire
25removal agreement approved by the Agency pursuant to Section
2655.4.

 

 

SB2671 Engrossed- 7 -LRB098 15831 MGM 50873 b

1    (k) No person shall:
2        (1) Cause or allow water to accumulate in used or waste
3    tires. The prohibition set forth in this paragraph (1) of
4    subsection (k) shall not apply to used or waste tires
5    located at a residential household, as long as not more
6    than 12 used or waste tires are located at the site.
7        (2) Fail to collect a fee required under Section 55.8
8    of this Title.
9        (3) Fail to file a return required under Section 55.10
10    of this Title.
11        (4) Transport used or waste tires in violation of the
12    registration and vehicle placarding requirements adopted
13    by the Board.
14(Source: P.A. 96-737, eff. 8-25-09.)
 
15    (415 ILCS 5/55.1)  (from Ch. 111 1/2, par. 1055.1)
16    Sec. 55.1.
17    (a) The prohibitions set forth in subdivision (a)(3) of
18Section 55 of this Act shall not apply to used tires:
19        (1) generated and located at a site as a result of the
20    growing and harvesting of agricultural crops or the raising
21    of animals, as long as not more than 20 used tires are
22    located at the site;
23        (2) located at a residential household, as long as not
24    more than 12 used tires are located at the site; or
25        (3) which were placed in service for recreational

 

 

SB2671 Engrossed- 8 -LRB098 15831 MGM 50873 b

1    purposes prior to January 1, 1990 at a school, park or
2    playground, provided that the used tires are altered by
3    January 1, 1992.
4    (b) The prohibitions set forth in subdivisions (a)(3),
5(a)(4), (c), (d), (d-5), (d-6), (e), (g), and (k)(4) of Section
655 of this Act shall not apply to used or waste tires collected
7by a not-for-profit corporation if:
8        (1) the collection location has been approved by the
9    applicable general purpose unit of local government;
10        (2) the collected tires are transported to a facility
11    permitted by the Agency to store, process or dispose of
12    used or waste tires within 7 days after collection; and
13        (3) the collection does not occur as a continuous
14    business operation.
15    
16    (c) The prohibitions set forth in subdivisions (a)(3),
17(a)(4), (c), (d), (d-5), (d-6), (e), (g), and (k)(4) of Section
1855 of this Act shall not apply to used or waste tires collected
19by the State or a unit of local government, provided that:
20        (1) the collection is part of an established program to
21    take preventive or corrective action regarding such tires;
22        (2) any staging sites for handling such tires are
23    reasonably secure and regularly maintained in a safe
24    manner; and
25        (3) the Agency is notified in writing during January of
26    each calendar year regarding the location of the staging

 

 

SB2671 Engrossed- 9 -LRB098 15831 MGM 50873 b

1    sites, the number of such tires accumulated, the status of
2    vector controls, and actions taken to process such tires.
3    The Agency shall provide written confirmation to a State
4agency or unit of local government regarding the applicability
5of this subsection upon receipt of a written description of its
6established program, and each January following receipt of the
7annual report required under subdivision (c)(3) of this
8subsection.
9    For purposes of determining the applicability of this
10subsection, any municipality with a population over 1,000,000
11may certify to the Agency by January 1, 1990 that it operates
12an established program. Upon the filing of such a
13certification, the established program shall be deemed to
14satisfy the provisions of subdivisions (1) and (2) of this
15subsection.
16    (d) The prohibitions set forth in subdivision (a)(5) of
17Section 55 of this Act shall not apply to used tires that are
18generated and located at a permitted coal mining site after use
19on specialized coal hauling and extraction vehicles.
20(Source: P.A. 96-737, eff. 8-25-09.)
 
21    (415 ILCS 5/55.2)  (from Ch. 111 1/2, par. 1055.2)
22    Sec. 55.2. (a) Not later than July 1, 1990, the Agency
23shall propose regulations which prescribe standards for the
24storage, disposal, processing and transportation of used and
25waste tires.

 

 

SB2671 Engrossed- 10 -LRB098 15831 MGM 50873 b

1    (b) Not later than one year after the receipt of the
2Agency's proposed regulations, the Board shall adopt, pursuant
3to Sections 27 and 28 of this Act, regulations which are
4consistent with the provisions of this Title. These regulations
5shall, at a minimum, specify: recordkeeping and reporting
6requirements; criteria for minimizing the danger of tire fires,
7including dimensions for piling tires and minimum aisle
8spacing; financial assurance criteria; and criteria for
9distinguishing storage from disposal. In addition, such
10regulations shall prohibit the use of pesticides as an ongoing
11means of demonstrating compliance with this Title.
12    (b-5) Not later than 6 months after the effective date of
13this amendatory Act of the 98th General Assembly, the Agency
14shall propose, and, not later than 9 months after receipt of
15the Agency's proposal, the Board shall adopt, revisions to the
16rules adopted under this Title that are necessary to conform
17those rules to the requirements of this Title, including, but
18not limited to, revisions to those rules that are necessary to
19implement the changes made to this Act by this amendatory Act
20of the 98th General Assembly.
21    (c) In adopting regulations under this Section, the Board
22may impose different requirements for different categories of
23used or waste tire storage, disposal, transport, and
24processing.
25    (d) Nothing in this Section shall be construed as limiting
26the general authority of the Board to promulgate regulations

 

 

SB2671 Engrossed- 11 -LRB098 15831 MGM 50873 b

1pursuant to Title VII of this Act.
2(Source: P.A. 86-452.)
 
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 special
6fund to be known as the Used Tire Management Fund. There shall
7be deposited into the Fund all monies received as (1) recovered
8costs or proceeds from the sale of used tires under Section
955.3 of this Act, (2) repayment of loans from the Used Tire
10Management Fund, or (3) penalties or punitive damages for
11violations of this Title, except as provided by subdivision
12(b)(4) or (b)(4-5) of Section 42.
13    (b) Beginning January 1, 1992, in addition to any other
14fees required by law, the owner or operator of each site
15required to be registered or permitted under subsection (d) or
16(d-5) of Section 55 shall pay to the Agency an annual fee of
17$100. Fees collected under this subsection shall be deposited
18into the Environmental Protection Permit and Inspection Fund.
19    (c) Pursuant to appropriation, monies up to an amount of $2
20million per fiscal year from the Used Tire Management Fund
21shall 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 removal

 

 

SB2671 Engrossed- 12 -LRB098 15831 MGM 50873 b

1        action as authorized by and in accordance with Section
2        55.3, and to recover costs in accordance with Section
3        55.3.
4            (ii) For the performance of inspection and
5        enforcement activities for used and waste tire sites.
6            (iii) To assist with marketing of used tires by
7        augmenting the operations of an industrial materials
8        exchange service.
9            (iv) To provide financial assistance to units of
10        local government for the performance of inspecting,
11        investigating and enforcement activities pursuant to
12        subsection (r) of Section 4 at used and waste tire
13        sites.
14            (v) To provide financial assistance for used and
15        waste tire collection projects sponsored by local
16        government or not-for-profit corporations.
17            (vi) For the costs of fee collection and
18        administration relating to used and waste tires, and to
19        accomplish such other purposes as are authorized by
20        this Act and regulations thereunder.
21            (vii) To provide financial assistance to units of
22        local government and private industry for the purposes
23        of:
24                (A) assisting in the establishment of
25            facilities and programs to collect, process, and
26            utilize used and waste tires and tire-derived

 

 

SB2671 Engrossed- 13 -LRB098 15831 MGM 50873 b

1            materials;
2                (B) demonstrating the feasibility of
3            innovative technologies as a means of collecting,
4            storing, processing, and utilizing used and waste
5            tires and tire-derived materials; and
6                (C) applying demonstrated technologies as a
7            means of collecting, storing, processing, and
8            utilizing used and waste tires and tire-derived
9            materials.
10        (2) For fiscal years beginning prior to July 1, 2004,
11    23% shall be available to the Department of Commerce and
12    Economic Opportunity for the following purposes, provided
13    that priority shall be given to item (A):
14            (A) To provide grants or loans for the purposes of:
15                (i) assisting units of local government and
16            private industry in the establishment of
17            facilities and programs to collect, process and
18            utilize used and waste tires and tire derived
19            materials;
20                (ii) demonstrating the feasibility of
21            innovative technologies as a means of collecting,
22            storing, processing and utilizing used and waste
23            tires and tire derived materials; and
24                (iii) applying demonstrated technologies as a
25            means of collecting, storing, processing, and
26            utilizing used and waste tires and tire derived

 

 

SB2671 Engrossed- 14 -LRB098 15831 MGM 50873 b

1            materials.
2            (B) To develop educational material for use by
3        officials and the public to better understand and
4        respond to the problems posed by used tires and
5        associated insects.
6            (C) (Blank).
7            (D) To perform such research as the Director deems
8        appropriate to help meet the purposes of this Act.
9            (E) To pay the costs of administration of its
10        activities authorized under this Act.
11        (2.1) For the fiscal year beginning July 1, 2004 and
12    for all fiscal years thereafter, 23% shall be deposited
13    into the General Revenue Fund.
14        (3) 25% shall be available to the Illinois Department
15    of Public Health for the following purposes:
16            (A) To investigate threats or potential threats to
17        the public health related to mosquitoes and other
18        vectors of disease associated with the improper
19        storage, handling and disposal of tires, improper
20        waste disposal, or natural conditions.
21            (B) To conduct surveillance and monitoring
22        activities for mosquitoes and other arthropod vectors
23        of disease, and surveillance of animals which provide a
24        reservoir for disease-producing organisms.
25            (C) To conduct training activities to promote
26        vector control programs and integrated pest management

 

 

SB2671 Engrossed- 15 -LRB098 15831 MGM 50873 b

1        as defined in the Vector Control Act.
2            (D) To respond to inquiries, investigate
3        complaints, conduct evaluations and provide technical
4        consultation to help reduce or eliminate public health
5        hazards and nuisance conditions associated with
6        mosquitoes and other vectors.
7            (E) To provide financial assistance to units of
8        local government for training, investigation and
9        response to public nuisances associated with
10        mosquitoes and other vectors of disease.
11        (4) 2% shall be available to the Department of
12    Agriculture for its activities under the Illinois
13    Pesticide Act relating to used and waste tires.
14        (5) 2% shall be available to the Pollution Control
15    Board for administration of its activities relating to used
16    and waste tires.
17        (6) 10% shall be available to the Department of Natural
18    Resources for the Illinois Natural History Survey to
19    perform research to study the biology, distribution,
20    population ecology, and biosystematics of tire-breeding
21    arthropods, especially mosquitoes, and the diseases they
22    spread.
23      (d) By January 1, 1998, and biennially thereafter, each
24State agency receiving an appropriation from the Used Tire
25Management Fund shall report to the Governor and the General
26Assembly on its activities relating to the Fund.

 

 

SB2671 Engrossed- 16 -LRB098 15831 MGM 50873 b

1    (e) Any monies appropriated from the Used Tire Management
2Fund, but not obligated, shall revert to the Fund.
3    (f) In administering the provisions of subdivisions (1),
4(2) and (3) of subsection (c) of this Section, the Agency, the
5Department of Commerce and Economic Opportunity, and the
6Illinois Department of Public Health shall ensure that
7appropriate funding assistance is provided to any municipality
8with a population over 1,000,000 or to any sanitary district
9which serves a population over 1,000,000.
10    (g) Pursuant to appropriation, monies in excess of $2
11million per fiscal year from the Used Tire Management Fund
12shall be used as follows:
13        (1) 55% shall be available to the Agency for the
14    following purposes, provided that priority shall be given
15    to subparagraph (A):
16            (A) To to undertake preventive, corrective or
17        renewed action as authorized by and in accordance with
18        Section 55.3 and to recover costs in accordance with
19        Section 55.3.
20            (B) To provide financial assistance to units of
21        local government and private industry for the purposes
22        of:
23                (i) assisting in the establishment of
24            facilities and programs to collect, process, and
25            utilize used and waste tires and tire-derived
26            materials;

 

 

SB2671 Engrossed- 17 -LRB098 15831 MGM 50873 b

1                (ii) demonstrating the feasibility of
2            innovative technologies as a means of collecting,
3            storing, processing, and utilizing used and waste
4            tires and tire-derived materials; and
5                (iii) applying demonstrated technologies as a
6            means of collecting, storing, processing, and
7            utilizing used and waste tires and tire-derived
8            materials.
9        (2) For fiscal years beginning prior to July 1, 2004,
10    45% shall be available to the Department of Commerce and
11    Economic Opportunity to provide grants or loans for the
12    purposes of:
13            (i) assisting units of local government and
14        private industry in the establishment of facilities
15        and programs to collect, process and utilize waste
16        tires and tire derived material;
17            (ii) demonstrating the feasibility of innovative
18        technologies as a means of collecting, storing,
19        processing, and utilizing used and waste tires and tire
20        derived materials; and
21            (iii) applying demonstrated technologies as a
22        means of collecting, storing, processing, and
23        utilizing used and waste tires and tire derived
24        materials.
25        (3) For the fiscal year beginning July 1, 2004 and for
26    all fiscal years thereafter, 45% shall be deposited into

 

 

SB2671 Engrossed- 18 -LRB098 15831 MGM 50873 b

1    the General Revenue Fund.
2(Source: P.A. 92-16, eff. 6-28-01; 93-839, eff. 7-30-04.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.