(415 ILCS 5/55.4)
(from Ch. 111 1/2, par. 1055.4)
(a) The owner or operator of a tire disposal site required to
file and receive approval of a tire removal agreement under subsection (d)
of Section 55 shall remove used or waste tires from the site in a manner that:
(1) minimizes the need for further maintenance;
(2) removes all used and waste tires and any residues
(3) protects human health during the removal and
(b) A tire removal agreement submitted to the Agency shall include the following:
(1) A complete inventory of the tires located on the
(2) A description of how the removal will be
conducted in accordance with subsection (a) of this Section.
(3) A description of the methods to be used during
removal including, but not limited to, the methods for removing, transporting, processing, storing or disposing of tires and residues, and the offsite facilities to be used.
(4) A detailed description of other activities
necessary during the removal period to ensure that the requirements of subsection (a) of this Section are met.
(5) A schedule for completing the removal of tires
from the site, as required in subsection (d).
(c) For a site at which the owner or operator is proposing to proceed
with removal, the Agency shall approve, modify or disapprove a proposed
agreement within 90 days of receiving it. If the Agency does not approve
the agreement, the Agency shall provide the owner or operator with a
written statement of reasons for the refusal, and the owner or operator
shall modify the agreement or submit a new agreement for approval
within 30 days after receiving the statement. The Agency shall
approve or modify the second proposed agreement within 60 days. If the
Agency modifies the second proposed agreement, the agreement as modified
shall become the approved agreement.
(d) Each approved agreement shall include a schedule by which the owner
or operator must complete the removal activities. The total time allowed
shall not exceed the following:
(1) one year if the site contains 1,000 tires or less;
(2) two years if the site contains more than 1,000
tires but less than 10,000 tires;
(3) five years if the site contains 10,000 or more
The owner or operator may apply for an extension of time, no later than
90 days before the end of the time period specified in the agreement. The
Agency shall not grant such an extension unless it determines that the
owner or operator has proceeded to carry out the agreement with all due
diligence. The requested extension of time may not exceed 3 years, and the
Agency may approve the request as submitted or may approve a lesser amount
(e) Within 60 days after the completion of removal activities under an
approved agreement, the owner or operator shall submit to the Agency a
certification that the site or the affected portion of the site has been
cleared of tires in accordance with the approved agreement.
(f) Modification of or refusal to modify an agreement submitted by an
owner or operator proposing to proceed with removal is a permit denial for
purposes of subsection (a) of Section 40 of this Act.
(Source: P.A. 86-452.)