(415 ILCS 5/52.3-1)
(a) The General Assembly finds that:
(1) During the last decade, considerable expertise in
pollution prevention, sophisticated emissions monitoring and tracking techniques, compliance auditing methods, stakeholder involvement, and innovative approaches to control pollution have been developed.
(2) Substantial opportunities exist to reduce the
amount of or prevent adverse impacts from emissions or discharges of pollutants or wastes through the use of innovative and cost effective measures not currently recognized by or allowed under existing environmental laws, rules, and regulations.
(3) There are persons regulated under this Act who
have demonstrated excellence and leadership in environmental compliance or stewardship or pollution prevention and, through the implementation of innovative measures, who can achieve further reductions in emissions or discharges of pollutants or wastes or continued environmental stewardship.
(4) Current environmental laws and regulations have,
in some instances, resulted in burdensome transactional requirements that are unnecessarily costly and complex for regulated entities and have proven to be frustrating to the public that is concerned about environmental protection.
(5) The goals of environmental protection will be
best served by promoting and evaluating the efforts of those persons who are ready to achieve measurable and verifiable pollution reductions in excess of the otherwise applicable statutory and regulatory requirements or who can demonstrate real environmental risk reduction, promote pollution prevention, foster superior environmental compliance by other persons regulated under this Act, and who can improve stakeholder involvement in environmental decision making.
(6) The United States Environmental Protection Agency
is operating a program entitled "National Environmental Performance Track" 65 Federal Register 41655 (July 6, 2000) (Federal Performance Track Program) to recognize and reward businesses and public facilities that demonstrate strong environmental performance beyond current regulatory requirements. There should be a process that allows regulatory flexibility available to a participant in the Federal Performance Track Program to be also granted in the State if the participant's proposal is acceptable to the Agency.
(7) A process for implementing and evaluating
innovative environmental measures on a pilot project basis should be developed and implemented in this State.
(b) It is the purpose of this Section to create a voluntary pilot program by
which the Agency may enter into Environmental Management System Agreements with
persons regulated under this Act to implement innovative environmental measures
not otherwise recognized or allowed under existing laws and regulations of this
State if those measures:
(1) achieve emissions reductions or reductions in
discharges or wastes beyond the otherwise applicable statutory and regulatory requirements through pollution prevention or other suitable means; or
(2) achieve real environmental risk reduction or
foster environmental compliance by other persons regulated under this Act in a manner that is clearly superior to the existing regulatory system.
These Agreements may be executed with participants in the Federal
Performance Track Program if the provisions are acceptable to
(c) This program is a voluntary pilot program.
Participation is at the discretion of the Agency, and any decision by the
Agency to reject an initial proposal under this Section is not appealable. An
initial Agreement may be renewed for
periods if the Agency finds the Agreement continues
meet applicable requirements and the purposes of this Section.
(d) The Agency shall develop and make publicly available a program guidance
document regarding participation in the pilot program. A draft document shall
be distributed for review and comment by interested parties and a final
document shall be completed by December 1, 1996. At a minimum, this document
shall include the following:
(1) The approximate number of projects that the
Agency envisions being part of the pilot program.
(2) The types of projects and facilities that the
Agency believes would be most useful to be a part of the pilot program.
(3) A description of potentially useful environmental
management systems, such as ISO 14000.
(4) A description of suitable Environmental
Performance Plans, including appropriate provisions or opportunities for promoting pollution prevention and sustainable development.
(5) A description of practices and procedures to
ensure that performance is measurable and verifiable.
(6) A characterization of less-preferred practices
that can generate adverse consequences such as multi-media pollutant transfers.
(7) A description of suitable practices for
productive stakeholder involvement in project development and implementation that may include, but need not be limited to, consensus-based decision making and appropriate technical assistance.
(e) The Agency has the authority to develop and distribute written guidance,
fact sheets, or other documents that explain, summarize, or describe programs
operated under this Act or regulations. The written guidance, fact sheets, or
other documents shall not be considered rules and shall not be subject to the
Illinois Administrative Procedure Act.
(Source: P.A. 92-397, eff. 1-1-02; 93-171, eff. 7-10-03.)
(415 ILCS 5/52.3-2)
Agency authority; scope of agreement.
(a) The Agency may enter into an initial Environmental Management System
Agreement with any person regulated under this Act to implement innovative
environmental measures that relate to or involve provisions of this Act, even
if one or more of the terms of such an Agreement would be inconsistent with an
otherwise applicable statute or regulation of this State. Participation in
this program is limited to those persons who have submitted an Environmental
Management System Agreement that is acceptable to the Agency and who are not
currently subject to enforcement action under this Act.
(b) The Agency may adopt rules to implement this Section. Without limiting the generality of this
authority, those regulations may, among other things:
(1) Specify the criteria an applicant must meet to
participate in this program.
(2) Specify the minimum contents of a proposed
Environmental Management System Agreement, including, without limitation, the following:
(A) requiring identification of all State and
federal statutes, rules, and regulations applicable to the facility;
(B) requiring identification of all statutes,
rules, and regulations that are inconsistent with one or more terms of the proposed Environmental Management System Agreement;
(C) requiring a statement of how the proposed
Environmental Management System Agreement will achieve one or more of the purposes of this Section;
(D) requiring identification of those members of
the general public, representatives of local communities, and environmental groups who may have an interest in the Environmental Management System Agreement; and
(E) requiring identification of how a participant
will demonstrate ongoing compliance with the terms of its Environmental Management System Agreement, which may include an evaluation of a participant's performance under the Environmental Management System Agreement by a third party acceptable to the Agency. Compliance with the Agreement shall be determined not less than annually.
(3) Specify the procedures for review by the Agency
of Environmental Management System Agreements.
(4) Specify the procedures for public participation
in, including notice of and comment on, Environmental Management System Agreements and stakeholder involvement in design and implementation of specific projects that are undertaken.
(5) Specify the procedures for voluntary termination
of an Environmental Management System Agreement.
(6) Specify the type of performance guarantee to be
provided by an applicant for participation in this program. The nature of the performance guarantee shall be directly related to the complexity of and environmental risk associated with the proposed Environmental Management System Agreement.
(c) The Agency shall propose by December 31, 1996, and the Board shall
promulgate, criteria and
procedures for involuntary termination of Environmental Management System
Agreements. The Board shall complete such rulemaking no later than 180 days
after receipt of the Agency's proposal.
(d) After July 1, 2003, the Agency
may enter into an initial Environmental Management System Agreement with
any participant in the Federal Performance Track Program, in accordance with the following:
(1) The participant submits, in writing, a proposed
Environmental Management System Agreement to the Agency.
(1.5) The Agency shall provide notice to the public,
including an opportunity for public comment and hearing in accordance with the procedures set forth in 35 Ill. Adm. Code Part 164, on each proposal filed with the Agency under this subsection (d).
(2) The Agency shall have 120 days after the public
comment period, unless the participant grants an extension, to execute a proposed Environmental Management System Agreement.
(3) Failure to execute an agreement shall be deemed a
(4) A rejection of a proposed Environmental
Management System Agreement by the Agency shall not be appealable.
(Source: P.A. 92-397, eff. 1-1-02; 93-171, eff. 7-10-03.)
(415 ILCS 5/52.5)
(a) As used in this Section:
"Over the counter drug" means a drug that is a personal care product that contains a label that identifies the product as a drug as required by 21 CFR 201.66. An "over the counter drug" label includes:
(1) A drug facts panel; or
(2) A statement of the active ingredients with a list
of those ingredients contained in the compound, substance, or preparation.
"Personal care product" means any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and any article intended for use as a component of any such article. "Personal care product" does not include any prescription drugs.
"Plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during life cycle and after disposal.
"Synthetic plastic microbead" means any intentionally added non-biodegradable solid plastic particle measured less than 5 millimeters in size and is used to exfoliate or cleanse in a rinse-off product.
(b) The General Assembly hereby finds that microbeads, a synthetic alternative ingredient to such natural materials as ground almonds, oatmeal, and pumice, found in over 100 personal care products, including facial cleansers, shampoos, and toothpastes, pose a serious threat to the State's environment.
Microbeads have been documented to collect harmful pollutants already present in the environment and harm fish and other aquatic organisms that form the base of the aquatic food chain. Recently, microbeads have been recorded in Illinois water bodies, and in particular, the waters of Lake Michigan.
Although synthetic plastic microbeads are a safe and effective mild abrasive ingredient effectively used for gently removing dead skin, there are recent concerns about the potential environmental impact of these materials. More research is needed on any adverse consequences, but a number of cosmetic manufacturers have already begun a voluntary process for identifying alternatives that allay those concerns. Those alternatives will be carefully evaluated to assure safety and implemented in a timely manner.
Without significant and costly improvements to the majority of the State's sewage treatment facilities, microbeads contained in products will continue to pollute Illinois' waters and hinder the recent substantial economic investments in redeveloping Illinois waterfronts and the ongoing efforts to restore the State's lakes and rivers and recreational and commercial fisheries.
(c) Effective December 31, 2017, no person shall manufacture for sale a personal care product, except for an over the counter drug, that contains synthetic plastic microbeads as defined in this Section.
(d) Effective December 31, 2018, no person shall accept for sale a personal care product, except for an over the counter drug, that contains synthetic plastic microbeads as defined in this Section.
(e) Effective December 31, 2018, no person shall manufacture for sale an over the counter drug that contains synthetic plastic microbeads as defined in this Section.
(f) Effective December 31, 2019, no person shall accept for sale an over the counter drug that contains synthetic plastic microbeads as defined in this Section.
(Source: P.A. 98-638, eff. 1-1-15
(415 ILCS 5/52.10)
(Section scheduled to be repealed on December 31, 2022)
Electric Vehicle Permitting Task Force.
(a) The Electric Vehicle Permitting Task Force is hereby created within the Environmental Protection Agency.
(b) The Task Force shall consist of the following members, which shall represent the diversity of the people of Illinois:
(1) The Director of the Environmental Protection
Agency or his or her designee;
(2) The Director of Natural Resources or his or her
(3) The Secretary of Transportation or their designee;
(4) Twelve members appointed by the Governor as
(A) one member of a statewide organization
(B) one member of a statewide organization
representing business interests;
(C) one member representing an environmental
(D) one member representing a statewide
environmental advocacy organization;
(E) one member representing the electric vehicle
(F) one member representing the waste management
(G) one member of a statewide organization
representing agricultural interests;
(H) one member representing a labor organization;
(I) one member representing a statewide
organization of municipalities as authorized under Section 1-8-1 of the Illinois Municipal Code;
(J) one member from an association representing
(K) one member of a labor organization that
represents workers in the auto industry; and
(L) one member representing the component parts
(c) The duties and responsibilities of the Task Force include the following:
(1) identify existing and potential challenges faced
by the electric vehicle industry with respect to the process for obtaining necessary permits from the Environmental Protection Agency, the Department of Natural Resources, and the Department of Transportation, and potential solutions;
(2) conduct an assessment of State permitting fees,
including those necessary for electric vehicle investment in Illinois, and the revenue generated by those fees;
(3) assess the permitting needs of the electric
vehicle industry, including electric vehicle manufacturers, electric vehicle power supply equipment manufacturers, and electric vehicle component parts manufacturers;
(4) recommend changes to expedite permitting
processes to support the rapid growth of the electric vehicle industry in Illinois, including support for electric vehicle businesses locating or relocating in Illinois;
(5) analyze anticipated staffing needs across State
agencies to support expedited permitting efforts;
(6) recommend adjustments to the fee structure for
state permits, including those permits necessary for electric vehicle investment in Illinois, that will support increased staffing at state agencies;
(7) Consider the impact of State and local permitting
issues on electric vehicle charging station deployments, and make recommendations on best practices to streamline permitting related to electric vehicle charging stations; and
(8) recommend legislative and regulatory actions that
are necessary to support changes to permitting processes.
(d) The Task Force shall not consider or recommend changes to environmental permitting standards outside of the scope of the duties and responsibilities outlined in subsection (c).
(e) Appointments for the Task Force shall be made no later than December 15, 2021. The Task Force shall issue a final report based upon its findings and recommendations and submit the report to the Governor and the General Assembly no later than August 1, 2022.
(f) Members of the Task Force shall serve without compensation. The Environmental Protection Agency shall provide administrative support to the Task Force.
(g) The Task Force shall be dissolved upon the filing of its report.
(h) This Section is repealed on December 31, 2022.
(Source: P.A. 102-669, eff. 11-16-21; 102-996, eff. 5-27-22.)
(415 ILCS 5/53)
(from Ch. 111 1/2, par. 1053)
(a) The General Assembly finds:
(1) that used and waste tires constitute a growing
solid waste problem of considerable magnitude that is exacerbated by the fact that tires do not readily degrade or decompose;
(2) that the accumulation of used and waste tires
constitutes a fire hazard and a threat to air and water quality;
(3) that unmanaged used and waste tire sites
encourage open dumping of other types of waste;
(4) that used and waste tire accumulations pose a
threat to the public health, safety and welfare by providing habitat for a number of disease-spreading mosquitoes and other nuisance organisms, and that the transport of used tires has introduced such mosquitoes into the State and dispersed them;
(5) that State agencies need the ability to remove,
or cause the removal of, used and waste tire accumulations as necessary to abate or correct hazards to public health and to protect the environment; and
(6) that used and waste tires may also afford a
significant economic opportunity for recycling into new and useful products or as a source of fuel.
(b) It is the purpose of this Act:
(1) to ensure that used and waste tires are collected
and are put to beneficial use or properly disposed of;
(2) to provide for the abatement of used and waste
tire dumps and associated threats to the public health and welfare;
(3) to encourage the development of used and waste
tire processing facilities and technologies, including energy recovery; and
(4) to provide for research on disease vectors
associated with used and waste tires, and the diseases they spread.
It shall be the policy of the State of Illinois to provide for the
recovery, recycling and reuse of materials from scrap vehicle tires. The following
hierarchy shall be in effect for tires generated for waste management in this State:
(1) Reuse of tire casings for remanufacture or
(2) Processing of tires into marketable products,
such as stamped parts from portions of tire casings.
(3) Total destruction of tires into a uniform product
that is marketable as a fuel or recycled material feedstock, including such products as tire-derived fuel, or recovered rubber for recycling into rubber or other products or as an asphalt additive.
(4) Total destruction of tires through primary
shredding to produce a nonuniform product for use as in road beds or other construction applications, or at a landfill or similar site for erosion control or cover.
(5) Total destruction of tires to a nonuniform
product consistency for direct landfill disposal.
(Source: P.A. 86-452; 87-727.)
(415 ILCS 5/55)
(from Ch. 111 1/2, par. 1055)
(a) No person shall:
(1) Cause or allow the open dumping of any used or
(2) Cause or allow the open burning of any used or
(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-1) 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 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.
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.
(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
(d) Beginning January 1, 1992, no person shall cause or allow the
(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 used or waste tires at the site are covered and kept dry.
(2) Fail to collect a fee required under Section 55.8
(3) Fail to file a return required under Section
(4) Transport used or waste tires in violation of the
registration and vehicle placarding requirements adopted by the Board.
(Source: P.A. 100-103, eff. 8-11-17; 100-327, eff. 8-24-17; 100-621, eff. 7-20-18; 100-863, eff. 8-14-18.)
(415 ILCS 5/55.1)
(from Ch. 111 1/2, par. 1055.1)
(a) The prohibitions set forth in subdivision (a)(3) of
Section 55 of this Act shall not apply to used tires:
(1) generated and located at a site as a result of
the growing and harvesting of agricultural crops or the raising of animals, as long as not more than 20 used tires are located at the site;
(2) located at a residential household, as long as
not more than 12 used tires are located at the site; or
(3) which were placed in service for recreational
purposes prior to January 1, 1990 at a school, park or playground, provided that the used tires are altered by January 1, 1992.
(b) The prohibitions set forth in subdivisions (a)(3), (a)(4), (c),
(d), (d-5), (d-6), (e), (g), and (k)(4)
of Section 55 of this Act shall not apply to used or waste tires collected
by a not-for-profit corporation if:
(1) the collection location has been approved by the
applicable general purpose unit of local government;
(2) the collected tires are transported to a facility
permitted by the Agency to store, process or dispose of used or waste tires within 7 days after collection; and
(3) the collection does not occur as a continuous
(c) The prohibitions set forth in subdivisions (a)(3), (a)(4), (c),
(d), (d-5), (d-6), (e), (g), and (k)(4) of Section 55 of this Act shall not apply to used or waste
tires collected by the State or a unit of local government, provided that:
(1) the collection is part of an established program
to take preventive or corrective action regarding such tires;
(2) any staging sites for handling such tires are
reasonably secure and regularly maintained in a safe manner; and
(3) the Agency is notified in writing during January
of each calendar year regarding the location of the staging sites, the number of such tires accumulated, the status of vector controls, and actions taken to process such tires.
The Agency shall provide written confirmation to a State agency or unit
of local government regarding the applicability of this subsection
upon receipt of a written description of its established program, and each
January following receipt of the annual report required under subdivision
(c)(3) of this subsection.
For purposes of determining the applicability of this subsection, any
municipality with a population over 1,000,000 may certify to
the Agency by January 1, 1990 that it operates an established program. Upon
the filing of such a certification, the established program shall be deemed
to satisfy the provisions of subdivisions (1) and (2) of this subsection.
(d) The prohibitions set forth in subdivision (a)(5) of Section 55 of
this Act shall not apply to used tires that are generated and located at a
permitted coal mining site after use on specialized coal hauling and
(Source: P.A. 98-656, eff. 6-19-14.)
(415 ILCS 5/55.3)
(from Ch. 111 1/2, par. 1055.3)
(a) Upon finding that an accumulation of used or waste tires
creates an immediate danger to health, the Agency may take action pursuant
to Section 34 of this Act.
(b) Upon making a finding that an accumulation of used or waste tires
creates a hazard posing a threat to public health or the environment, the
Agency may undertake preventive or corrective action in accordance with
this subsection. Such preventive or corrective action may consist of any
or all of the following:
(1) Treating and handling used or waste tires and
other infested materials within the area for control of mosquitoes and other disease vectors.
(2) Relocation of ignition sources and any used or
waste tires within the area for control and prevention of tire fires.
(3) Removal of used and waste tire accumulations from
(4) Removal of soil and water contamination related
(5) Installation of devices to monitor and control
groundwater and surface water contamination related to tire accumulations.
(6) Such other actions as may be authorized by Board
(c) The Agency may, subject to the availability of appropriated funds,
undertake a consensual removal action for the removal of up to 1,000
used or waste tires at no cost to the owner according to the
(1) Actions under this subsection shall be taken
pursuant to a written agreement between the Agency and the owner of the tire accumulation.
(2) The written agreement shall at a minimum specify:
(i) that the owner relinquishes any claim of an
ownership interest in any tires that are removed, or in any proceeds from their sale;
(ii) that tires will no longer be allowed to be
(iii) that the owner will hold harmless the
Agency or any employee or contractor utilized by the Agency to effect the removal, for any damage to property incurred during the course of action under this subsection, except for gross negligence or intentional misconduct; and
(iv) any conditions upon or assistance required
from the owner to assure that the tires are so located or arranged as to facilitate their removal.
(3) The Agency may by rule establish conditions and
priorities for removal of used and waste tires under this subsection.
(4) The Agency shall prescribe the form of written
agreements under this subsection.
(d) The Agency shall have authority to provide notice to the owner
or operator, or both, of a site where used or waste tires are located and to
the owner or operator, or both, of the accumulation of tires at the site,
whenever the Agency finds that the used or waste tires pose a threat to
public health or the environment, or that there is no owner or
operator proceeding in accordance with a tire removal agreement approved
under Section 55.4.
The notice provided by the Agency shall include the identified
preventive or corrective action, and shall provide an opportunity for the
owner or operator, or both, to perform such action.
For sites with more than 250,000 passenger tire equivalents, following the
provided for by this subsection (d), the Agency may enter into a written
reimbursement agreement with the owner or operator of the site. The agreement
provide a schedule for the owner or operator to reimburse the Agency for costs
incurred for preventive or corrective action, which shall not exceed 5 years in
An owner or operator making payments under a written reimbursement agreement
pursuant to this subsection (d) shall not be liable for punitive damages under
subsection (h) of this Section.
(e) In accordance with constitutional limitations,
the Agency shall have authority to enter at all reasonable times
upon any private or public property for the purpose of taking whatever
preventive or corrective action is necessary and appropriate in accordance
with the provisions of this Section, including but not limited to removal,
processing or treatment of used or waste tires, whenever the Agency finds
that used or waste tires pose a threat to public health or the environment.
(f) In undertaking preventive, corrective or consensual removal action
under this Section the Agency may consider use of the following: rubber
reuse alternatives, shredding or other conversion through use of mobile or
fixed facilities, energy recovery through burning or incineration, and
(g) Except as otherwise provided in this Section, the owner or operator
of any site or accumulation of used or waste tires at which the Agency has
corrective or preventive action under this Section shall be liable for all
costs thereof incurred by the State of Illinois, including reasonable costs of
collection. Any monies received by the Agency hereunder shall be deposited
into the Used Tire Management Fund. The Agency may in its discretion store,
dispose of or convey the tires that are removed from an area at which it
has undertaken a corrective, preventive or consensual removal action, and
may sell or store such tires and other items, including but not limited to
rims, that are removed from the
area. The net proceeds of any sale shall be credited against the liability
incurred by the owner or operator for the costs of any preventive or
(h) Any person liable to the Agency for costs incurred under subsection
(g) of this Section may be liable to the State of Illinois for punitive
damages in an amount at least equal to, and not more than 2 times, the costs
incurred by the State if such person failed without sufficient cause to
take preventive or corrective action pursuant to notice issued under
subsection (d) of this Section.
(i) There shall be no liability under subsection (g) of this Section for
a person otherwise liable who can establish by a preponderance of the
evidence that the hazard created by the tires was caused solely by:
(1) an act of God;
(2) an act of war; or
(3) an act or omission of a third party other than an
employee or agent, and other than a person whose act or omission occurs in connection with a contractual relationship with the person otherwise liable.
For the purposes of this subsection, "contractual relationship" includes,
but is not limited to, land contracts, deeds and other instruments
transferring title or possession, unless the real property upon which the
accumulation is located was acquired by the defendant after the
disposal or placement of used or waste tires on, in or at the property and
one or more of the following circumstances is also established by a
preponderance of the evidence:
(A) at the time the defendant acquired the
property, the defendant did not know and had no reason to know that any used or waste tires had been disposed of or placed on, in or at the property, and the defendant undertook, at the time of acquisition, all appropriate inquiries into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability;
(B) the defendant is a government entity which
acquired the property by escheat or through any other involuntary transfer or acquisition, or through the exercise of eminent domain authority by purchase or condemnation; or
(C) the defendant acquired the property by
(j) Nothing in this Section shall affect or modify the obligations or
liability of any person under any other provision of this Act, federal law,
or State law, including the common law, for injuries, damages or losses
resulting from the circumstances leading to Agency action under this Section.
(k) The costs and damages provided for in this Section may be imposed by
the Board in an action brought before the Board in accordance with Title
VIII of this Act, except that subsection (c) of Section 33 of this Act
shall not apply to any such action.
(l) The Agency shall, when feasible, consult with the Department of
Public Health prior to taking any action to remove or treat an infested
tire accumulation for control of mosquitoes or other disease vectors. The
Agency may by contract or agreement secure the services of the Department
of Public Health, any local public health department, or any other
qualified person in treating any such infestation as part of an emergency
or preventive action.
(m) Neither the State, the Agency, the Board, the Director, nor any
State employee shall be liable for any damage or injury arising out of or
resulting from any action taken under this Section.
(Source: P.A. 102-444, eff. 8-20-21.)
(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.)
(415 ILCS 5/55.6)
(from Ch. 111 1/2, par. 1055.6)
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, moneys up to an amount of $4 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.
(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.
(2.1) For the fiscal year beginning July 1, 2004 and
for all fiscal years thereafter, 23% shall be deposited into the General Revenue Fund. Such transfers are at the direction of the Department of Revenue, and shall be made within 30 days after the end of each quarter.
(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 for the Prairie Research Institute 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
(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 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.
(3) For the fiscal year beginning July 1, 2004 and
for all fiscal years thereafter, 45% shall be deposited into the General Revenue Fund. Such transfers are at the direction of the Department of Revenue, and shall be made within 30 days after the end of each quarter.
(Source: P.A. 100-103, eff. 8-11-17; 100-327, eff. 8-24-17; 100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff. 8-14-18; 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)