Illinois General Assembly - Full Text of SB0361
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Full Text of SB0361  93rd General Assembly

SB0361ham001 93rd General Assembly


                                     LRB093 07918 AMC 14987 a

 1                    AMENDMENT TO SENATE BILL 361

 2        AMENDMENT NO.     .  Amend Senate Bill 361  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The State Finance Act is amended by changing
 5    Section 6p-2 and adding Section 5.595 as follows:

 6        (30 ILCS 105/5.595 new)
 7        Sec. 5.595.  The Emergency Public Health Fund.

 8        (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
 9        Sec.  6p-2.   The  Communications Revolving Fund shall be
10    initially financed by a transfer of funds  from  the  General
11    Revenue  Fund. Thereafter, all fees and other monies received
12    by the Department of Central Management Services  in  payment
13    for   communications   services   rendered  pursuant  to  the
14    Department of Central Management  Services  Law  or  sale  of
15    surplus State communications equipment shall be paid into the
16    Communications  Revolving  Fund. Except as otherwise provided
17    in this Section, the money in this fund shall be used by  the
18    Department  of  Central  Management Services as reimbursement
19    for  expenditures  incurred  in  relation  to  communications
20    services.
21        On the effective date of this amendatory Act of the  93rd
                            -2-      LRB093 07918 AMC 14987 a
 1    General  Assembly,  or as soon as practicable thereafter, the
 2    State Comptroller  shall  order  transferred  and  the  State
 3    Treasurer  shall  transfer $3,000,000 from the Communications
 4    Revolving Fund to the Emergency Public Health Fund to be used
 5    for  the  purposes  specified  in  Section   55.6a   of   the
 6    Environmental Protection Act.
 7    (Source: P.A. 91-239, eff. 1-1-00; 92-316, eff. 8-9-01.)

 8        Section  10.  The Environmental Protection Act is amended
 9    by changing Sections 55 and 55.8 and adding Section 55.6a  as
10    follows:

11        (415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
12        Sec. 55. Prohibited activities.
13        (a)  No person shall:
14             (1)  Cause  or allow the open dumping of any used or
15        waste tire.
16             (2)  Cause or allow the open burning of any used  or
17        waste tire.
18             (3)  Except  at  a  tire storage site which contains
19        more than 50 used tires, cause or allow  the  storage  of
20        any  used  tire  unless the tire is altered, reprocessed,
21        converted,   covered,   or   otherwise   prevented   from
22        accumulating water.
23             (4)  Cause or allow the operation of a tire  storage
24        site except in compliance with Board regulations.
25             (5)  Abandon,  dump  or dispose of any used or waste
26        tire on private or public property, except in a  sanitary
27        landfill  approved  by the Agency pursuant to regulations
28        adopted by the Board.
29             (6)  Fail to submit required reports,  tire  removal
30        agreements, or Board regulations.
31        (b)  (Blank.)
32        (b-1)  Beginning   January   1,  1995,  no  person  shall
                            -3-      LRB093 07918 AMC 14987 a
 1    knowingly mix any used or waste tire, either  whole  or  cut,
 2    with  municipal waste, and no owner or operator of a sanitary
 3    landfill shall accept  any  used  or  waste  tire  for  final
 4    disposal;  except  that  used  or waste tires, when separated
 5    from other waste,  may  be  accepted  if:  (1)  the  sanitary
 6    landfill  provides  and  maintains  a  means  for  shredding,
 7    slitting,  or  chopping whole tires and so treats whole tires
 8    and, if approved by the Agency in a permit issued under  this
 9    Act, uses the used or waste tires for alternative uses, which
10    may include on-site practices such as lining of roadways with
11    tire  scraps,  alternative  daily cover, or use in a leachate
12    collection system  or  (2)  the  sanitary  landfill,  by  its
13    notification  to   the Illinois Industrial Materials Exchange
14    Service, makes  available  the  used  or  waste  tire  to  an
15    appropriate  facility for reuse, reprocessing, or converting,
16    including use as an alternate energy  fuel.   If,  within  30
17    days  after notification to the Illinois Industrial Materials
18    Exchange Service of  the  availability  of  waste  tires,  no
19    specific  request  for the used or waste tires is received by
20    the sanitary landfill, and the sanitary  landfill  determines
21    it  has no alternative use for those used or waste tires, the
22    sanitary landfill may dispose of slit, chopped,  or  shredded
23    used  or  waste tires in the sanitary landfill.  In the event
24    the  physical  condition  of  a  used  or  waste  tire  makes
25    shredding, slitting, chopping, reuse, reprocessing, or  other
26    alternative  use  of  the  used  or waste tire impractical or
27    infeasible, then the sanitary landfill,  after  authorization
28    by  the  Agency,  may  accept  the  used  or  waste  tire for
29    disposal.
30        Sanitary   landfills   and    facilities    for    reuse,
31    reprocessing,  or  converting,  including  use as alternative
32    fuel, shall (i)  notify  the  Illinois  Industrial  Materials
33    Exchange  Service  of the availability of and demand for used
34    or waste tires  and  (ii)  consult  with  the  Department  of
                            -4-      LRB093 07918 AMC 14987 a
 1    Commerce  and  Community  Affairs  regarding  the  status  of
 2    marketing of waste tires to facilities for reuse.
 3        (c)  On  or  before January 1, 1990, Any person who sells
 4    new or used tires at retail or operates a tire  storage  site
 5    or  a  tire disposal site which contains more than 50 used or
 6    waste tires shall give notice of such activity to the Agency.
 7    Any person engaging in such activity for the first time after
 8    January 1, 1990, shall give notice to the  Agency  within  30
 9    days  after  the  date  of commencement of the activity.  The
10    form of such notice shall be  specified  by  the  Agency  and
11    shall be limited to information regarding the following:
12             (1)  the name and address of the owner and operator;
13             (2)  the   name,   address   and   location  of  the
14        operation;
15             (3)  the type of operations involving used and waste
16        tires (storage, disposal, conversion or processing); and
17             (4)  the number of used and waste tires  present  at
18        the location.
19        (d)  Beginning  January 1, 1992, no person shall cause or
20    allow the operation of:
21             (1)  a tire storage site which contains more than 50
22        used tires, unless the owner or operator, by  January  1,
23        1992   (or   the  January  1  following  commencement  of
24        operation, whichever is later) and January 1 of each year
25        thereafter, (i) registers the site with the Agency,  (ii)
26        certifies  to  the Agency that the site complies with any
27        applicable standards adopted by  the  Board  pursuant  to
28        Section  55.2,  (iii) reports to the Agency the number of
29        tires accumulated, the status of vector controls, and the
30        actions taken to handle and process the tires,  and  (iv)
31        pays  the  fee  required  under subsection (b) of Section
32        55.6; or
33             (2)  a tire  disposal  site,  unless  the  owner  or
34        operator  (i) has received approval from the Agency after
                            -5-      LRB093 07918 AMC 14987 a
 1        filing a tire removal agreement pursuant to Section 55.4,
 2        or  (ii)  has  entered  into  a  written   agreement   to
 3        participate  in a consensual removal action under Section
 4        55.3.
 5        The Agency shall provide written  forms  for  the  annual
 6    registration and certification required under this subsection
 7    (d).
 8        (e)  No   person   shall  cause  or  allow  the  storage,
 9    disposal, treatment or processing of any used or  waste  tire
10    in  violation  of  any  regulation or standard adopted by the
11    Board.
12        (f)  No person shall arrange for  the  transportation  of
13    used  or  waste tires away from the site of generation with a
14    person known to openly dump such tires.
15        (g)  No person shall engage in any operation as a used or
16    waste  tire  transporter  except  in  compliance  with  Board
17    regulations.
18        (h)  No person shall cause or allow the combustion of any
19    used or waste tire in an enclosed device unless a permit  has
20    been   issued  by  the  Agency  authorizing  such  combustion
21    pursuant to regulations adopted by the Board for the  control
22    of  air  pollution  and  consistent  with  the  provisions of
23    Section 9.4 of this Act.
24        (i)  No person shall cause or allow the use of pesticides
25    to treat tires except as prescribed by Board regulations.
26        (j)  No person shall fail to comply with the terms  of  a
27    tire  removal  agreement  approved  by the Agency pursuant to
28    Section 55.4.
29    (Source: P.A. 92-574, eff. 6-26-02.)

30        (415 ILCS 5/55.6a new)
31        Sec. 55.6a.  Emergency Public Health Fund.
32        (a)  Beginning on July 1, 2003, moneys in  the  Emergency
33    Public  Health  Fund,  subject  to  appropriation,  shall  be
                            -6-      LRB093 07918 AMC 14987 a
 1    allocated annually as follows: (i) $200,000 to the Department
 2    of  Natural  Resources  for the purposes described in Section
 3    55.6(c)(6)  and  (ii)  subject  to  subsection  (b)  of  this
 4    Section, all remaining amounts to the  Department  of  Public
 5    Health   to  be  used  to  make  vector  control  grants  and
 6    surveillance grants to the Cook County Department  of  Public
 7    Health  (for  areas  of  the  County  excluding  the  City of
 8    Chicago), to the City of Chicago health  department,  and  to
 9    other certified local health departments.  These grants shall
10    be  used  for  expenses  related to West Nile Virus and other
11    vector-borne diseases.  The amount of  each  grant  shall  be
12    based  on  population  and  need  as supported by information
13    submitted to  the  Department  of  Public  Health.   For  the
14    purposes  of  this  Section,  need shall be determined by the
15    Department based primarily upon  surveillance  data  and  the
16    number  of  positive human cases of West Nile Virus and other
17    vector-borne diseases occurring during the preceding year and
18    current year in the county or municipality seeking the grant.
19        (b)  Beginning on July 31, 2003, on the last day of  each
20    month,  the State Comptroller shall order transferred and the
21    State Treasurer shall transfer fees collected in the previous
22    month pursuant to item (1.5) of  subsection  (a)  of  Section
23    55.8   from   the   Emergency   Public  Health  Fund  to  the
24    Communications  Revolving  Fund.    These   transfers   shall
25    continue  until  the  cumulative  total  of  the transfers is
26    $3,000,000.

27        (415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
28        Sec. 55.8.  Tire retailers.
29        (a)  Beginning July 1, 1992, any person  selling  new  or
30    used tires at retail or offering new or used tires for retail
31    sale in this State shall:
32             (1)  collect  from  retail  customers  a  fee of one
33        dollar per new and used tire sold and delivered  in  this
                            -7-      LRB093 07918 AMC 14987 a
 1        State  to  be  paid  to  the  Department  of  Revenue and
 2        deposited into the Used  Tire  Management  Fund,  less  a
 3        collection  allowance of 10 cents per tire to be retained
 4        by the retail seller and a  collection  allowance  of  10
 5        cents  per  tire  to  be  retained  by  the Department of
 6        Revenue and paid into the General Revenue Fund;
 7             (1.5)  beginning  on  July  1,  2003,  collect  from
 8        retail customers an additional 50 cents per new  or  used
 9        tire  sold  and  delivered  in  this  State.   The  money
10        collected  from  this  fee  shall  be  deposited into the
11        Emergency Public Health Fund.  This fee shall  no  longer
12        be collected beginning on January 1, 2008.
13             (2)  accept for recycling used tires from customers,
14        at  the  point  of  transfer,  in a quantity equal to the
15        number of new tires purchased; and
16             (3)  post in a conspicuous place a written notice at
17        least  8.5  by  11  inches  in  size  that  includes  the
18        universal recycling symbol and the following  statements:
19        "DO NOT put used tires in the trash."; "Recycle your used
20        tires.";  and "State law requires us to accept used tires
21        for recycling, in exchange for new tires purchased.".
22        (b)  A person who accepts used tires for recycling  under
23    subsection  (a)  shall  not allow the tires to accumulate for
24    periods of more than 90 days.
25        (c)  The requirements of subsection (a) of  this  Section
26    do not apply to mail order sales nor shall the retail sale of
27    a  motor  vehicle be considered  to  be  the  sale of   tires
28    at retail or offering of tires for retail  sale.  Instead  of
29    filing  returns,  retailers  of tires may remit the tire user
30    fee of $1.00 per tire to their  suppliers  of  tires  if  the
31    supplier  of  tires  is  a  registered  retailer of tires and
32    agrees or otherwise arranges to collect and  remit  the  tire
33    fee  to  the  Department of Revenue, notwithstanding the fact
34    that the sale of the tire is a sale for resale and not a sale
                            -8-      LRB093 07918 AMC 14987 a
 1    at  retail.  A  tire  supplier  who  enters  into   such   an
 2    arrangement  with a tire retailer shall be liable for the tax
 3    on all tires sold to the tire retailer and must  (i)  provide
 4    the tire retailer with a receipt that separately reflects the
 5    tire  tax collected from the retailer on each transaction and
 6    (ii) accept used tires  for  recycling  from  the  retailer's
 7    customers.   The  tire  supplier  shall  be  entitled  to the
 8    collection allowance of 10 cents per tire.
 9        The retailer of the tires must maintain in its books  and
10    records  evidence  that  the  appropriate fee was paid to the
11    tire supplier and that the tire supplier has agreed to  remit
12    the  fee  to  the Department of Revenue for each tire sold by
13    the retailer.  Otherwise, the tire retailer shall be directly
14    liable for the  fee  on  all  tires  sold  at  retail.   Tire
15    retailers  paying the fee to their suppliers are not entitled
16    to the collection allowance of 10 cents per tire.
17        (d)  The requirements of subsection (a) of  this  Section
18    shall  apply  exclusively  to  tires  to be used for vehicles
19    defined in  Section  1-217  of  the  Illinois  Vehicle  Code,
20    aircraft  tires,  special mobile equipment, and implements of
21    husbandry.
22        (e)  The requirements of paragraph (1) of subsection  (a)
23    do  not  apply to the sale of reprocessed tires. For purposes
24    of this Section, "reprocessed tire" means a  used  tire  that
25    has  been  recapped, retreaded, or regrooved and that has not
26    been placed on a vehicle wheel rim.
27    (Source: P.A. 90-14, eff. 7-1-97.)

28        Section 99. Effective date.  This Act takes  effect  upon
29    becoming law.".