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Public Act 100-0327


 

Public Act 0327 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0327
 
SB1969 EnrolledLRB100 08055 MJP 18140 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
changing Sections 55, 55.6, and 55.6a as follows:
 
    (415 ILCS 5/55)  (from Ch. 111 1/2, par. 1055)
    Sec. 55. Prohibited activities.
    (a) No person shall:
        (1) Cause or allow the open dumping of any used or
    waste tire.
        (2) Cause or allow the open burning of any used or
    waste tire.
        (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.
        (4) Cause or allow the operation of a tire storage site
    except in compliance with Board regulations.
        (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.
        (6) Fail to submit required reports, tire removal
    agreements, or Board regulations.
    (b) (Blank.)
    (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
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,
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.
    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.
    (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:
        (1) the name and address of the owner and operator;
        (2) the name, address and location of the operation;
        (3) the type of operations involving used and waste
    tires (storage, disposal, conversion or processing); and
        (4) the number of used and waste tires present at the
    location.
    (d) Beginning January 1, 1992, no person shall cause or
allow the operation of:
        (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
        (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.
    The Agency shall provide written forms for the annual
registration and certification required under this subsection
(d).
    (d-4) On or before January 1, 2015, the owner or operator
of each 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,
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
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.
    (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.
    (g) No person shall engage in any operation as a used or
waste tire transporter except in compliance with Board
regulations.
    (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.
    (i) No person shall cause or allow the use of pesticides to
treat tires except as prescribed by Board regulations.
    (j) No person shall fail to comply with the terms of a tire
removal agreement approved by the Agency pursuant to Section
55.4.
    (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 4 12 used or waste tires at the site are covered and
    kept dry 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. 98-656, eff. 6-19-14.)
 
    (415 ILCS 5/55.6)  (from Ch. 111 1/2, par. 1055.6)
    Sec. 55.6. Used Tire Management Fund.
    (a) There is hereby created in the State Treasury a special
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.
    (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.
    (c) Pursuant to appropriation, monies up to an amount of $4
$2 million per fiscal year from the Used Tire Management Fund
shall be allocated as follows:
        (1) 38% shall be available to the Agency for the
    following purposes, provided that priority shall be given
    to item (i):
            (i) To undertake preventive, corrective or removal
        action as authorized by and in accordance with Section
        55.3, and to recover costs in accordance with Section
        55.3.
            (ii) For the performance of inspection and
        enforcement activities for used and waste tire sites.
            (iii) To assist with marketing of used tires by
        augmenting the operations of an industrial materials
        exchange service.
            (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.
            (v) To provide financial assistance for used and
        waste tire collection projects sponsored by local
        government or not-for-profit corporations.
            (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.
            (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
            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.
        (2) For fiscal years beginning prior to July 1, 2004,
    23% shall be available to the Department of Commerce and
    Economic Opportunity for the following purposes, provided
    that priority shall be given to item (A):
            (A) To provide grants or loans for the purposes of:
                (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;
                (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.
            (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
        associated insects.
            (C) (Blank).
            (D) To perform such research as the Director deems
        appropriate to help meet the purposes of this Act.
            (E) To pay the costs of administration of its
        activities authorized under this Act.
        (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.
        (3) 25% shall be available to the Illinois Department
    of Public Health for the following purposes:
            (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.
            (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.
            (C) To conduct training activities to promote
        vector control programs and integrated pest management
        as defined in the Vector Control Act.
            (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.
            (E) To provide financial assistance to units of
        local government for training, investigation and
        response to public nuisances associated with
        mosquitoes and other vectors of disease.
        (4) 2% shall be available to the Department of
    Agriculture for its activities under the Illinois
    Pesticide Act relating to used and waste tires.
        (5) 2% shall be available to the Pollution Control
    Board for administration of its activities relating to used
    and waste tires.
        (6) 10% shall be available to the University of
    Illinois Department of Natural Resources for the Prairie
    Research Institute Illinois Natural History Survey to
    perform research to study the biology, distribution,
    population ecology, and biosystematics of tire-breeding
    arthropods, especially mosquitoes, and the diseases they
    spread.
    (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.
    (e) Any monies appropriated from the Used Tire Management
Fund, but not obligated, shall revert to the Fund.
    (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.
    (g) Pursuant to appropriation, monies in excess of $4 $2
million per fiscal year from the Used Tire Management Fund
shall be used as follows:
        (1) 55% shall be available to the Agency for the
    following purposes, provided that priority shall be given
    to subparagraph (A):
            (A) To undertake preventive, corrective or renewed
        action as authorized by and in accordance with Section
        55.3 and to recover costs in accordance with Section
        55.3.
            (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;
                (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.
            (C) To provide grants to public universities for
        vector-related research, disease-related research, and
        for related laboratory-based equipment and field-based
        equipment.
        (2) For fiscal years beginning prior to July 1, 2004,
    45% shall be available to the Department of Commerce and
    Economic Opportunity to provide grants or loans for the
    purposes of:
            (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;
            (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.
        (3) For the fiscal year beginning July 1, 2004 and for
    all fiscal years thereafter, 45% shall be deposited into
    the General Revenue Fund.
(Source: P.A. 98-656, eff. 6-19-14.)
 
    (415 ILCS 5/55.6a)
    Sec. 55.6a. Emergency Public Health Fund.
    (a) Beginning on July 1, 2003, moneys in the Emergency
Public Health Fund, subject to appropriation, shall be
allocated annually as follows: (i) $300,000 $200,000 to the
University of Illinois Department of Natural Resources 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) Beginning on July 31, 2003, on the last day of each
month, the State Comptroller shall order transferred and the
State Treasurer shall transfer the fees collected in the
previous month pursuant to item (1.5) of subsection (a) of
Section 55.8 from the Emergency Public Health Fund to the
Communications Revolving Fund. These transfers shall continue
until the cumulative total of the transfers is $3,000,000.
(Source: P.A. 93-32, eff. 6-20-03; 93-52, eff. 6-30-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/24/2017