(415 ILCS 5/55.6a)
Sec. 55.6a. Emergency Public Health Fund.
(a) Moneys in the Emergency Public
Health Fund, subject to appropriation, shall be allocated annually as follows:
(i) $300,000
to the University of Illinois 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
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.
(b) (Blank).
(Source: P.A. 103-363, eff. 7-28-23.)
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(415 ILCS 5/55.7) (from Ch. 111 1/2, par. 1055.7)
Sec. 55.7. The Agency may adopt
regulations as necessary for the
administration of the grant and loan programs funded from the Used Tire
Management Fund, including but not limited to procedures and criteria for
applying for, evaluating, awarding and terminating grants and loans. The Agency
may by rule specify criteria
for providing grant assistance
rather than loan assistance; such criteria shall promote the expeditious
development of alternatives to the disposal of used tires, and the
efficient use of monies for assistance. Evaluation criteria may be
established by rule, considering such factors as:
(1) the likelihood that a proposal will lead to the | ||
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(2) the feasibility of the proposal;
(3) the suitability of the location for the proposed | ||
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(4) the potential of the proposal for encouraging | ||
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(5) the potential for development of new technologies | ||
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(Source: P.A. 102-444, eff. 8-20-21.)
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(415 ILCS 5/55.7a)
Sec. 55.7a. (Repealed).
(Source: P.A. 87-727. Repealed by P.A. 99-933, eff. 1-27-17.)
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(415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
Sec. 55.8. Tire retailers.
(a) Any person selling new or used tires at
retail or offering new or used tires for retail sale in this State shall:
(1) beginning on June 20, 2003 (the effective date of | ||
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(1.5) beginning on July 1, 2003, collect from retail | ||
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(2) accept for recycling used tires from customers, | ||
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(3) post in a conspicuous place a written notice at | ||
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(b) A person who accepts used tires for recycling under subsection (a)
shall not allow the tires to accumulate for periods of more than 90 days.
(c) The requirements of subsection (a) of this Section do not apply
to mail order sales nor shall the retail sale of a motor vehicle be considered
to be the sale of tires at retail or offering of tires for retail sale.
Instead of filing returns, retailers of tires may remit the tire user fee to their suppliers of tires if the supplier of tires is a
registered retailer of tires and agrees or otherwise arranges to collect
and remit the tire fee to the Department of Revenue, notwithstanding the fact
that the sale of the tire is a sale for resale and not a sale at retail. A
tire supplier who enters into such an arrangement with a tire retailer shall
be liable for the tax on all tires sold to the tire retailer and must (i)
provide the tire retailer with a receipt that separately reflects the tire
tax collected from the retailer on each transaction and (ii) accept used tires
for recycling from the retailer's customers. The tire supplier shall be
entitled to the collection allowance of 10 cents per tire, but only if the return is filed timely and only for the amount that is paid timely in accordance with this Title XIV.
The retailer of the tires must maintain in its books and records evidence
that the appropriate fee was paid to the tire supplier and that the tire
supplier has agreed to remit the fee to the Department of Revenue for each tire
sold by the retailer. Otherwise, the tire retailer shall be directly liable
for the fee on all tires sold at retail. Tire retailers paying the fee to
their suppliers are not entitled to the collection allowance of 10 cents per
tire. The collection allowance for suppliers, however, shall be allowed only if the return is filed timely and in the manner required by this Title XIV and only for the amount that is paid timely in accordance with this Title XIV.
(d) The requirements of subsection (a) of this Section shall apply
exclusively to tires to be used for vehicles defined in Section 1-217 of
the Illinois Vehicle Code, aircraft tires, special mobile equipment, and
implements of husbandry.
(e) The requirements of paragraph (1) of subsection (a) do not
apply to the sale of reprocessed tires. For purposes of this Section,
"reprocessed tire" means a used tire that has been recapped, retreaded,
or regrooved and that has not been placed on a vehicle wheel rim.
(Source: P.A. 100-303, eff. 8-24-17.)
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(415 ILCS 5/55.9) (from Ch. 111 1/2, par. 1055.9)
Sec. 55.9.
Collection of fee.
Retailers shall collect the fee from
the purchaser by adding the fee to the selling price of the tire. The fee
imposed by Section 55.8 shall be stated as a distinct item separate and
apart from the selling price of the tire. The fee imposed by Section 55.8
shall not be includable in the gross receipts of the retailer subject to
the Retailers' Occupation Tax Act, the Use Tax Act or any locally imposed
retailers' occupation tax. The fee imposed by Section 55.8, and any such
fees collected by a retailer, shall constitute a debt owed by the retailer
to this State.
(Source: P.A. 87-727.)
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(415 ILCS 5/55.10) (from Ch. 111 1/2, par. 1055.10)
Sec. 55.10. Tax returns by retailer. (a) Except as otherwise provided in this Section, for returns due on or before January 31, 2010, each retailer of tires
maintaining a place of business in this State
shall make a return to the Department of Revenue on a quarter annual basis,
with the return for January, February and March of a given year being due
by April 30 of that year; with the return for April, May and June of a
given year being due by July 31 of that year; with the return for July, August
and September of a given year being due by October 31 of that year; and
with the return for October, November and December of a given year being due
by January 31 of the following year.
For returns due after January 31, 2010, each retailer of tires maintaining a place of business in this State shall make a return to the Department of Revenue on a quarter annual basis, with the return for January, February, and March of a given year being due by April 20 of that year; with the return for April, May, and June of a given year being due by July 20 of that year; with the return for July, August, and September of a given year being due by October 20 of that year; and with the return for October, November, and December of a given year being due by January 20 of the following year. Notwithstanding any other provision of this Section to the contrary, the return for October, November, and December of 2009 is due by February 20, 2010. On and after January 1, 2018, tire retailers and suppliers required to file electronically under Section 3 of the Retailers' Occupation Tax Act or Section 9 of the Use Tax Act must electronically file all returns pursuant to this Act. Tire retailers and suppliers who demonstrate that they do not have access to the Internet or demonstrate hardship in filing electronically may petition the Department to waive the electronic filing requirement. (b) Each return made to the Department of Revenue shall state:
(1) the name of the retailer;
(2) the address of the retailer's principal place of | ||
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(3) total number of tires sold at retail for the | ||
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(4) the amount of tax due; and
(5) such other reasonable information as the | ||
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If any payment provided for in this Section exceeds the retailer's liabilities under this Act, as shown on an original return, the retailer may credit such excess payment against liability subsequently to be remitted to the Department under this Act, in accordance with reasonable rules adopted by the Department. If the Department subsequently determines that all or any part of the credit taken was not actually due to the retailer, the retailer's discount shall be reduced by the monetary amount of the discount applicable to the difference between the credit taken and that actually due, and the retailer shall be liable for penalties and interest on such difference. Notwithstanding any other provision of this Act concerning the time
within which a retailer may file his return, in the case of any retailer
who ceases to engage in the retail sale of tires, the retailer shall file
a final return under this Act with the Department of Revenue not more than
one month after discontinuing that business.
(Source: P.A. 100-303, eff. 8-24-17; 100-1171, eff. 1-4-19.)
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(415 ILCS 5/55.11) (from Ch. 111 1/2, par. 1055.11)
Sec. 55.11.
Application of Retailers' Occupation Tax provisions.
All
the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 7, 8, 9, 10, 11, and 13 1/2 of the Retailers' Occupation Tax Act,
which are not inconsistent with this Act, shall apply, as far as
practicable, to the fee imposed by Section 55.8 of this Act to the same
extent as if such provisions were included herein. References in the
incorporated Sections of the Retailers' Occupation Tax Act to retailers,
to sellers or to persons engaged in the business of selling tangible personal
property mean retailers of tires.
(Source: P.A. 87-727.)
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(415 ILCS 5/55.12) (from Ch. 111 1/2, par. 1055.12)
Sec. 55.12.
Review under Administrative Review Law.
The circuit court
of any county wherein a hearing is held shall have the power to review all
final administrative decisions of the Department of Revenue in
administering the fee imposed under Section 55.7. However, if the
administrative proceeding which is to be reviewed judicially is a claim for
refund proceeding commenced under this Act and Section 2a of the State
Officers and Employees Money Disposition Act, the circuit court having
jurisdiction over the action for judicial review under this Section and
under the Administrative Law shall be the same court that entered the
temporary restraining order or preliminary injunction which is provided for
in that Section 2a, and which enables the claim proceeding to be processed
and disposed of as a claim for refund proceeding other than as a claim for
credit proceeding.
The provisions of the Administrative Review Law, and the rules adopted
pursuant thereto, shall apply to and govern all proceeding for the judicial
review of final administrative decisions of the Department of Revenue
hereunder. The term "administrative decision" is defined as in Section
3-101 of the Code of Civil Procedure.
Service upon the Director or Assistant Director of the Department of
Revenue of summons issued in any action to review a final administrative
decision shall be service upon the Department of Revenue. The Department
of Revenue shall certify the record of its proceedings if the taxpayer
shall pay to it the sum of 75 cents per page of testimony taken before the
Department of Revenue and 25 cents per page of all other matters contained
in such record, except that these charges may be waived where the
Department of Revenue is satisfied that the aggrieved party is a poor person
who cannot afford to pay such charges.
(Source: P.A. 87-727.)
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(415 ILCS 5/55.13) (from Ch. 111 1/2, par. 1055.13)
Sec. 55.13.
Rules, etc.
The Department of Revenue may adopt and
enforce such reasonable rules and regulations relating to the
administration and enforcement of the fee imposed by Section 55.8 of this
Act as may be deemed expedient.
Whenever the Department of Revenue is required to provide notice to a
retailer under this Act, such notice may be personally served or given by
United States certified or registered mail, addressed to the retailer or
taxpayer concerned at his last known address, and proof of such mailing
shall be sufficient for the purposes of this Article. In the case of a
notice of hearing, such notice shall be mailed not less than 7 days prior
to the date fixed for the hearing.
All hearings provided by the Department of Revenue under this Act with
respect to or concerning a taxpayer having his or her principal place of
business in this State other than in Cook County shall be held at the
Department's office nearest to the location of the taxpayer's principal
place of business. If the taxpayer has his or her principal place of
business in Cook County, such hearing shall be held in Cook County. If the
taxpayer does not have his or her principal place of business in this
State, such hearing shall be held in Sangamon County.
Whenever any proceeding provided by this Act has been begun by the
Department of Revenue or by a person subject thereto and such person
thereafter dies or becomes a person under legal disability before the
proceeding has been concluded, the legal representative of the deceased
person or person under legal disability shall notify the Department of
Revenue of such death or legal disability. The legal representative, as
such, shall then be substituted by the Department of Revenue in place of and
for the person. Within 20 days after notice to the legal representative of
the time fixed for that purpose, the proceeding may proceed in all respects
and with like effect as though the person had not died or become a person
under legal disability.
(Source: P.A. 87-727.)
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(415 ILCS 5/55.14) (from Ch. 111 1/2, par. 1055.14)
Sec. 55.14.
Administrative procedures.
The Illinois Administrative
Procedure Act is hereby expressly adopted and shall apply to all
administrative rules and procedures of the Department of Revenue under this
Act, except that: (1) paragraph (b) of Section 4 of the Illinois
Administrative Procedure Act does not apply to final orders, decisions and
opinions of the Department of Revenue; (2) subparagraph (a)(2) of Section 4
of the Illinois Administrative Procedure Act does not apply to forms
established by the Department of Revenue for use under this Act; and (3)
the provisions of Section 13 of the Illinois Administrative Procedure Act
regarding proposals for decision are excluded and not applicable to the
Department of Revenue under this Act.
(Source: P.A. 87-727.)
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(415 ILCS 5/55.15) (from Ch. 111 1/2, par. 1055.15)
Sec. 55.15.
Violations.
(a) Any retailer who fails to make a return, or who makes a fraudulent
return, or who willfully violates any rule or regulation of the Department
of Revenue for the administration and enforcement of the fee imposed by
Section 55.8, is guilty of a Class 4 felony.
(b) Any retailer who knowingly violates subsections (a) (2), (a) (3),
or (b) of Section 55.8 commits a petty offense punishable by a fine of $100.
(Source: P.A. 87-727.)
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(415 ILCS 5/Tit. XV heading) Title XV:
Potentially Infectious Medical Waste
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(415 ILCS 5/56) (from Ch. 111 1/2, par. 1056)
Sec. 56.
(a) The General Assembly finds:
(1) that potentially infectious medical waste, if not | ||
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(2) that potentially infectious medical waste, if not | ||
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(b) It is the purpose of this Title to reduce the potential
environmental and public health risks associated with potentially
infectious medical waste by establishing statutory and regulatory
requirements to ensure that such waste will be handled in a safe and
responsible manner.
(c) Potentially infectious medical waste is not a hazardous waste, except
for
those potentially infectious medical wastes identified by characteristics or
listing as hazardous under Section 3001 of the Resource Conservation and
Recovery Act of 1976, P.L. 94-580, or pursuant to Board regulations.
Potentially infectious medical waste characterized or listed as hazardous shall
be subject to the appropriate hazardous waste regulations. Potentially
infectious medical waste packages that contain both waste characterized or
listed as
hazardous and waste characterized as nonhazardous shall be subject to
the
hazardous waste regulations.
(Source: P.A. 90-773, eff. 8-14-98.)
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(415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
Sec. 56.1. Acts prohibited.
(A) No person shall:
(a) Cause or allow the disposal of any potentially | ||
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(1) the infectious potential has been eliminated | ||
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(2) the sharps are packaged in accordance with | ||
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(b) Cause or allow the delivery of any potentially | ||
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(c) Beginning July 1, 1992, cause or allow the | ||
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(d) Beginning July 1, 1992, cause or allow the | ||
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(1) the transporter has a permit issued by the | ||
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(2) a potentially infectious medical waste | ||
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(e) Cause or allow the acceptance of any potentially | ||
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(f) Beginning July 1, 1992, conduct any potentially | ||
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(1) Without a permit issued by the Agency to | ||
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(A) a person transporting potentially | ||
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(B) noncommercial transportation of less than | ||
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(C) the U.S. Postal Service.
(2) In violation of any condition of any permit | ||
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(3) In violation of any regulation adopted by the | ||
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(4) In violation of any order adopted by the | ||
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(g) Beginning July 1, 1992, conduct any potentially | ||
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(1) without a permit issued by the Agency that | ||
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(A) Person conducting a potentially | ||
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(B) Hospital that treats, stores, or | ||
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(C) Sharps collection station that is | ||
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(2) in violation of any condition of any permit | ||
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(3) in violation of any regulation adopted by the | ||
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(4) In violation of any order adopted by the | ||
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(h) Transport potentially infectious medical waste | ||
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(1) potentially infectious medical waste being | ||
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(2) less than 50 pounds of potentially infectious | ||
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(3) potentially infectious medical waste by the | ||
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(i) Offer for transportation, transport, deliver, | ||
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(j) Beginning January 1, 1994, conduct a potentially | ||
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(k) Beginning July 1, 2015, knowingly mix household | ||
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(l) Beginning on July 1, 2015, knowingly place | ||
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(B) In making its orders and determinations relative to
penalties, if any, to be imposed for violating subdivision (A)(a) of
this Section, the Board, in addition to the
factors in Sections 33(c) and 42(h) of this Act, or the Court shall take into
consideration whether the owner or operator of the landfill reasonably relied
on written statements from the person generating or treating the waste that
the waste is not potentially infectious medical waste.
(C) Notwithstanding subsection (A) or any other provision of law, including the Vital Records Act, tissue and products from an abortion, as defined in Section 1-10 of the Reproductive Health Act, or a miscarriage may be buried, entombed, or cremated. (Source: P.A. 101-13, eff. 6-12-19.)
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(415 ILCS 5/56.2) (from Ch. 111 1/2, par. 1056.2)
Sec. 56.2. Regulations.
(a) No later than July 1, 1993, the Board shall adopt
regulations in accordance with Title VII of this Act prescribing design and
operating standards and criteria for all potentially infectious medical
waste treatment, storage, and transfer facilities. At a minimum, these
regulations shall require treatment of potentially infectious medical waste
at a facility that:
(1) eliminates the infectious potential of the waste;
(2) prevents compaction and rupture of containers | ||
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(3) disposes of treatment residuals in accordance | ||
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(4) provides for quality assurance programs;
(5) provides for periodic testing using biological | ||
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(6) provides for assurances that clearly demonstrate | ||
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(7) is in compliance with all Federal and State laws | ||
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(b) After the effective date of the Board regulations adopted under
subsection (a), each applicant for a potentially infectious medical waste
treatment permit shall prove that the facility will not cause a violation
of the Act or of regulations adopted thereunder.
(c) No later than July 1, 1993, the Board shall adopt regulations
in accordance with Title VII of this Act prescribing standards and criteria
for transporting, packaging, segregating, labeling, and marking potentially
infectious medical waste.
(d) In accord with Title VII of this Act, no later than January 1, 1992,
the Board shall repeal Subpart I of 35 Ill. Adm. Code 809.
(e) No later than January 1, 1992, the Board shall adopt rules that are
identical in substance to the list of etiologic agents identified as Class
4 agents as set forth in "Classification of Etiological Agents on the Basis
of Hazard, 1974", published by the Centers for Disease Control. On and after the effective date of this amendatory Act of the 102nd General Assembly, any person, including the Agency, may propose rules under Section 28 to amend the listing of etiologic agents
identified as Class 4 agents. When proposing rules, the proponent may consult classifications published by the U.S. Department of Health and Human Services, "Guidelines for Research Involving Recombinant DNA Molecules" published by the National Institutes for Health, or "Biosafety in Microbiological and Biomedical Laboratories" published by the Centers for Disease Control and Prevention. The Board shall take action on a proposal to amend the listing of Class 4 agents not later than 6 months after receiving it.
(f) In accord with Title VII of this Act, the Board may adopt regulations
to promote the purposes of this Title. The regulations prescribed in
subsection (a), (c), and (e) shall not limit the generality of this authority.
(Source: P.A. 102-243, eff. 8-3-21.)
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(415 ILCS 5/56.3) (from Ch. 111 1/2, par. 1056.3)
Sec. 56.3.
Commencing March 31, 1993, and annually thereafter, each
transporter of potentially infectious medical waste required to have a
permit under subsection (f) of Section 56.1 of this Act, each facility for
which a permit is required under subsection (g) of Section 56.1 of this Act
that stores, treats, or transfers potentially infectious medical waste and
each facility not required to have a permit under subsection (g) of Section
56.1 of this Act that treats more than 50 pounds per month of potentially
infectious medical waste shall file a report with the Agency specifying the
quantities and disposition of potentially infectious medical waste
transported, stored, treated, disposed, or transferred during the previous
calendar year. Such reports shall be on forms prescribed and provided by
the Agency.
(Source: P.A. 87-752; 87-1097.)
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(415 ILCS 5/56.4) (from Ch. 111 1/2, par. 1056.4)
Sec. 56.4.
Medical waste manifests.
(a) Manifests for potentially infectious medical waste shall
consist of an original (the first page of the form) and 3 copies. Upon
delivery of potentially infectious medical waste by a generator to a
transporter, the transporter shall deliver one copy of the completed
manifest to the generator. Upon delivery of potentially infectious medical
waste by a transporter to a treatment or disposal facility,
the transporter shall keep
one copy of the completed manifest, and the transporter shall deliver the
original and one copy of the completed manifest to the treatment or
disposal facility.
The treatment or disposal facility shall keep one copy of the
completed manifest and
return the original to the generator within 35 days. The manifest,
as provided for in this Section, shall not terminate while
being transferred between the generator, transporter, transfer station, or
storage facility, unless transfer activities are conducted at the treatment or
disposal facility. The manifest shall terminate at the treatment or disposal
facility.
(b) Potentially infectious medical waste manifests shall be in a form
prescribed and provided by the Agency. Generators and transporters of
potentially infectious medical waste and facilities accepting potentially
infectious medical waste are not required to submit copies of such
manifests to the Agency. The manifest described in this Section shall be
used for the transportation of potentially infectious medical waste instead
of the manifest described in Section 22.01 of this Act. Copies of each
manifest shall be retained for 3 years by generators, transporters, and
facilities, and shall be available for inspection and copying by the Agency.
(c) The Agency shall assess a fee of $4.00 for each
potentially infectious medical waste manifest provided by the Agency.
(d) All fees collected by the Agency under this Section shall be
deposited into the Environmental Protection Permit and Inspection Fund. The
Agency may establish procedures relating to the collection of fees under
this Section. The Agency shall not refund any fee paid to it under this
Section.
(Source: P.A. 93-32, eff. 7-1-03.)
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(415 ILCS 5/56.5) (from Ch. 111 1/2, par. 1056.5)
Sec. 56.5.
Medical waste hauling fees.
(a) The Agency shall annually collect a $2000 fee
for each potentially infectious medical waste hauling permit application
and, in addition, shall collect a fee of $250 for each potentially
infectious medical waste hauling vehicle identified in the annual permit
application and for each vehicle that is added to the permit during the
annual period. Each applicant required to pay a fee under this Section
shall submit the fee along with the permit application. The Agency shall
deny any permit application for which a fee is required under this Section
that does not contain the appropriate fee.
(b) All fees collected by the Agency under this Section shall be
deposited into the Environmental Protection Permit and Inspection Fund.
The Agency may establish procedures relating to the collection of fees
under this Section. The Agency shall not refund any fee paid to it under
this Section.
(c) The Agency shall not collect a fee under this Section from any
hospital that transports only potentially infectious medical waste
generated by its own activities or by members of its medical staff.
(Source: P.A. 93-32, eff. 7-1-03.)
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(415 ILCS 5/56.6) (from Ch. 111 1/2, par. 1056.6)
Sec. 56.6.
Medical waste transportation fees.
(a) The Agency shall collect from each transporter of potentially
infectious medical waste required to have a permit under Section 56.1(f)
of this Act a fee in the amount of 3 cents per pound of
potentially infectious medical waste transported. The Agency shall collect
from each transporter of potentially infectious medical waste not required
to have a permit under Section 56.1(f)(1)(A) of this Act a fee in the
amount of 3 cents per pound of potentially infectious medical waste
transported to a site or facility not owned, controlled, or operated by the
transporter. The Agency shall deny any permit required under Section
56.1(f) of this Act from any applicant who has not paid to the Agency all
fees due under this Section.
A fee in the amount of 3 cents per pound of potentially
infectious medical waste shall be collected by the Agency from a potentially
infectious medical waste storage site or treatment facility receiving
potentially infectious medical waste, unless the fee has been previously paid
by a transporter.
(b) The Agency shall establish procedures, not later than January 1,
1992, relating to the collection of the fees authorized by this Section.
These procedures shall include, but not be limited to: (i) necessary
records identifying the quantities of potentially infectious medical waste
transported; (ii) the form and submission of reports to accompany the
payment of fees to the Agency; and (iii) the time and manner of payment of
fees to the Agency, which payments shall be not more often than quarterly.
(c) All fees collected by the Agency under this Section shall be
deposited into the Environmental Protection Permit and Inspection Fund. The
Agency may establish procedures relating to the collection of fees under
this Section. The Agency shall not refund any fee paid to it under this
Section.
(d) The Agency shall not collect a fee under this Section from a
person transporting potentially infectious medical waste to a hospital when
the person is a member of the hospital's medical staff.
(Source: P.A. 93-32, eff. 7-1-03.)
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(415 ILCS 5/56.7)
Sec. 56.7. No permit shall be required under subsection (d)(1) of Section 21 or subsection (g) of Section 56.1 of this
Act for a sharps collection station if the station is operated in accordance
with all of the following:
(1) The only waste accepted at the sharps collection | ||
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(2) The waste is stored and transferred in the same | ||
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(3) The waste is not treated at the sharps collection | ||
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(4) The waste is not disposed of at the sharps | ||
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(5) The waste is transported in the same manner as | ||
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(Source: P.A. 94-641, eff. 8-22-05.) |
(415 ILCS 5/56.8) Sec. 56.8. (Repealed).
(Source: P.A. 100-925, eff. 1-1-19. Repealed internally, eff. 12-31-22.) |
(415 ILCS 5/Tit. XVI heading) TITLE XVI.
PETROLEUM UNDERGROUND STORAGE TANKS
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(415 ILCS 5/57)
Sec. 57.
Intent and purpose.
This Title shall be
known and may be cited as the Leaking Underground Storage Tank Program
(LUST).
The purpose of this Title is, in accordance with the
requirements of the
Hazardous and Solid Waste Amendments of 1984 of the Resource Conservation and
Recovery Act of 1976 and in accordance with the State's interest in the
protection of Illinois' land and water resources: (1) to adopt
procedures for the
remediation of underground storage tank sites due to the release of petroleum
and other substances regulated under this Title from certain underground
storage tanks or related tank systems; (2) to establish and provide
procedures for
a Leaking Underground Storage Tank Program which will oversee and review any
remediation required for leaking underground storage tanks, and administer
the Underground Storage Tank Fund; (3) to establish an Underground Storage
Tank
Fund intended to be a State fund by which persons who qualify for access to the
Underground Storage Tank Fund may satisfy the financial responsibility
requirements under applicable State law and regulations; (4) to establish
requirements for eligible owners and operators of underground storage tanks to
seek payment for any costs associated with physical soil classification,
groundwater investigation, site classification and corrective action from the
Underground Storage Tank Fund; and (5) to audit and approve
corrective action efforts performed by Licensed Professional Engineers.
(Source: P.A. 91-357, eff. 7-29-99.)
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(415 ILCS 5/57.1)
Sec. 57.1.
Applicability.
(a) An owner or operator of an underground storage tank who meets the
definition of this Title shall be required to conduct tank removal,
abandonment and repair, site investigation, and corrective action in accordance with the requirements
of
the Leaking Underground Storage Tank Program.
(b) An owner or operator of a heating oil tank as defined by this Title may
elect to
perform tank removal, abandonment or repair, site investigation,
or corrective action, unless the
provisions of subsection (g) of Section 57.5 are applicable.
(c) All owners or operators who conduct tank removal, repair or
abandonment, site investigation, or
corrective action may be eligible for the relief provided for under Section
57.10 of this Title.
(d) The owners or operators, or both, of underground storage tanks
containing regulated substances other than petroleum shall undertake corrective
action in conformance with regulations promulgated by the Illinois Pollution
Control Board.
(Source: P.A. 92-554, eff. 6-24-02.)
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