Public Act 93-0052
SB361 Enrolled LRB093 07918 AMC 08109 b
AN ACT concerning environmental safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 6p-2 and adding Section 5.595 as follows:
(30 ILCS 105/5.595 new)
Sec. 5.595. The Emergency Public Health Fund.
(30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
Sec. 6p-2. The Communications Revolving Fund shall be
initially financed by a transfer of funds from the General
Revenue Fund. Thereafter, all fees and other monies received
by the Department of Central Management Services in payment
for communications services rendered pursuant to the
Department of Central Management Services Law or sale of
surplus State communications equipment shall be paid into the
Communications Revolving Fund. Except as otherwise provided
in this Section, the money in this fund shall be used by the
Department of Central Management Services as reimbursement
for expenditures incurred in relation to communications
services.
On the effective date of this amendatory Act of the 93rd
General Assembly, or as soon as practicable thereafter, the
State Comptroller shall order transferred and the State
Treasurer shall transfer $3,000,000 from the Communications
Revolving Fund to the Emergency Public Health Fund to be used
for the purposes specified in Section 55.6a of the
Environmental Protection Act.
(Source: P.A. 91-239, eff. 1-1-00; 92-316, eff. 8-9-01.)
Section 10. The Environmental Protection Act is amended
by changing Sections 55 and 55.8 and adding Section 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 Community Affairs regarding the status of
marketing of waste tires to facilities for reuse.
(c) On or before January 1, 1990, 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, (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).
(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.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/55.6a new)
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) $200,000 to the 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.
(415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
Sec. 55.8. Tire retailers.
(a) Beginning July 1, 1992, any person selling new or
used tires at retail or offering new or used tires for retail
sale in this State shall:
(1) collect from retail customers a fee of one
dollar per new and used tire sold and delivered in this
State to be paid to the Department of Revenue and
deposited into the Used Tire Management Fund, less a
collection allowance of 10 cents per tire to be retained
by the retail seller and a collection allowance of 10
cents per tire to be retained by the Department of
Revenue and paid into the General Revenue Fund;
(1.5) beginning on July 1, 2003, collect from
retail customers an additional 50 cents per new or used
tire sold and delivered in this State. The money
collected from this fee shall be deposited into the
Emergency Public Health Fund. This fee shall no longer
be collected beginning on January 1, 2008.
(2) accept for recycling used tires from customers,
at the point of transfer, in a quantity equal to the
number of new tires purchased; and
(3) post in a conspicuous place a written notice at
least 8.5 by 11 inches in size that includes the
universal recycling symbol and the following statements:
"DO NOT put used tires in the trash."; "Recycle your used
tires."; and "State law requires us to accept used tires
for recycling, in exchange for new tires purchased.".
(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 of $1.00 per tire 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.
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.
(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. 90-14, eff. 7-1-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.