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90_HB3146
415 ILCS 5/55.6 from Ch. 111 1/2, par. 1055.6
Amends the Environmental Protection Act. Provides that
certain funds allocated from the Used Tire Management Fund to
the Environmental Protection Agency, the Department of
Commerce and Community Affairs, and the Department of Public
Health shall be available to provide financial assistance,
grants, and loans to municipalities and counties (instead of
units of local government). Provides that these State
agencies shall provide the financial assistance, grants, and
loans to municipalities and counties based on the proportion
of money that the Fund has received from tire retailers
located within the municipality or the county, for a tire
retailer located in an unincorporated area (instead of
requiring these agencies to ensure appropriate funding
assistance is provided to a municipality with a population
over 1,000,000 or a sanitary district that serves a
population over 1,000,000). Effective immediately.
LRB9009336NTsb
LRB9009336NTsb
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 55.6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Section 55.6 as follows:
7 (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
8 Sec. 55.6. Used Tire Management Fund.
9 (a) There is hereby created in the State Treasury a
10 special fund to be known as the Used Tire Management Fund.
11 There shall be deposited into the Fund all monies received as
12 (1) recovered costs or proceeds from the sale of used tires
13 under Section 55.3 of this Act, (2) repayment of loans from
14 the Used Tire Management Fund, or (3) penalties or punitive
15 damages for violations of this Title, except as provided by
16 subdivision (b)(4) of Section 42.
17 (b) Beginning January 1, 1992, in addition to any other
18 fees required by law, the owner or operator of each site
19 required to be registered under subsection (d) of Section 55
20 shall pay to the Agency an annual fee of $100. Fees collected
21 under this subsection shall be deposited into the
22 Environmental Protection Permit and Inspection Fund.
23 (c) Until July 1, 2000, pursuant to appropriation,
24 monies up to an amount of $2 million per fiscal year from the
25 Used Tire Management Fund shall be allocated as follows:
26 (1) 38% shall be available to the Agency for the
27 following purposes, provided that priority shall be given
28 to item (i):
29 (i) To undertake preventive, corrective or
30 removal action as authorized by and in accordance
31 with Section 55.3, and to recover costs in
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1 accordance with Section 55.3.
2 (ii) For the performance of inspection and
3 enforcement activities for used and waste tire
4 sites.
5 (iii) To assist with marketing of used tires
6 by augmenting the operations of an industrial
7 materials exchange service.
8 (iv) To provide financial assistance to
9 municipalities and counties units of local
10 government for the performance of inspecting,
11 investigating and enforcement activities pursuant to
12 subsection (r) of Section 4 at used and waste tire
13 sites.
14 (v) To provide financial assistance for used
15 and waste tire collection projects sponsored by
16 municipalities, counties, local government or
17 not-for-profit corporations.
18 (vi) For the costs of fee collection and
19 administration relating to used and waste tires, and
20 to accomplish such other purposes as are authorized
21 by this Act and regulations thereunder.
22 (2) 23% shall be available to the Department of
23 Commerce and Community Affairs for the following
24 purposes, provided that priority shall be given to item
25 (A):
26 (A) To provide grants or loans for the
27 purposes of:
28 (i) assisting municipalities, counties,
29 units of local government and private industry
30 in the establishment of facilities and programs
31 to collect, process and utilize used and waste
32 tires and tire derived materials;
33 (ii) demonstrating the feasibility of
34 innovative technologies as a means of
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1 collecting, storing, processing and utilizing
2 used and waste tires and tire derived
3 materials; and
4 (iii) applying demonstrated technologies
5 as a means of collecting, storing, processing,
6 and utilizing used and waste tires and tire
7 derived materials.
8 (B) To develop educational material for use by
9 officials and the public to better understand and
10 respond to the problems posed by used tires and
11 associated insects.
12 (C) (Blank).
13 (D) To perform such research as the Director
14 deems appropriate to help meet the purposes of this
15 Act.
16 (E) To pay the costs of administration of its
17 activities authorized under this Act.
18 (3) 25% shall be available to the Illinois
19 Department of Public Health for the following purposes:
20 (A) To investigate threats or potential
21 threats to the public health related to mosquitoes
22 and other vectors of disease associated with the
23 improper storage, handling and disposal of tires,
24 improper waste disposal, or natural conditions.
25 (B) To conduct surveillance and monitoring
26 activities for mosquitoes and other arthropod
27 vectors of disease, and surveillance of animals
28 which provide a reservoir for disease-producing
29 organisms.
30 (C) To conduct training activities to promote
31 vector control programs and integrated pest
32 management as defined in the Vector Control Act.
33 (D) To respond to inquiries, investigate
34 complaints, conduct evaluations and provide
-4- LRB9009336NTsb
1 technical consultation to help reduce or eliminate
2 public health hazards and nuisance conditions
3 associated with mosquitoes and other vectors.
4 (E) To provide financial assistance to
5 municipalities and counties units of local
6 government for training, investigation and response
7 to public nuisances associated with mosquitoes and
8 other vectors of disease.
9 (4) 2% shall be available to the Department of
10 Agriculture for its activities under the Illinois
11 Pesticide Act relating to used and waste tires.
12 (5) 2% shall be available to the Pollution Control
13 Board for administration of its activities relating to
14 used and waste tires.
15 (6) 10% shall be available to the Department of
16 Natural Resources for the Illinois Natural History Survey
17 to perform research to study the biology, distribution,
18 population ecology, and biosystematics of tire-breeding
19 arthropods, especially mosquitoes, and the diseases they
20 spread.
21 The allocations provided by this subsection (c) do not apply
22 to State fiscal year 2001 or thereafter.
23 (d) By January 1, 1998, and biennially thereafter, each
24 State agency receiving an appropriation from the Used Tire
25 Management Fund shall report to the Governor and the General
26 Assembly on its activities relating to the Fund.
27 (e) Any monies appropriated from the Used Tire
28 Management Fund, but not obligated, shall revert to the Fund.
29 (f) In administering the provisions of subdivisions (1),
30 (2) and (3) of subsection (c) of this Section, the Agency,
31 the Department of Commerce and Community Affairs, and the
32 Illinois Department of Public Health shall provide financial
33 assistance, grants, and loans to municipalities and counties
34 based on the proportion of money that the Used Tire
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1 Management Fund has received from tire retailers located
2 within the municipality or the county, for a tire retailer
3 located in an unincorporated area. ensure that appropriate
4 funding assistance is provided to any municipality with a
5 population over 1,000,000 or to any sanitary district which
6 serves a population over 1,000,000.
7 (g) Pursuant to appropriation, monies in excess of $2
8 million per fiscal year from the Used Tire Management Fund
9 shall be used as follows:
10 (1) 55% shall be available to the Agency to
11 undertake preventive, corrective or renewed action as
12 authorized by and in accordance with Section 55.3 and to
13 recover costs in accordance with Section 55.3.
14 (2) 45% shall be available to the Department of
15 Commerce and Community Affairs to provide grants or loans
16 for the purposes of:
17 (i) assisting units of local government and
18 private industry in the establishment of facilities
19 and programs to collect, process and utilize waste
20 tires and tire derived material;
21 (ii) demonstrating the feasibility of
22 innovative technologies as a means of collecting,
23 storing, processing, and utilizing used and waste
24 tires and tire derived materials; and
25 (iii) applying demonstrated technologies as a
26 means of collecting, storing, processing, and
27 utilizing used and waste tires and tire derived
28 materials.
29 (Source: P.A. 89-445, eff. 2-7-96; 89-499, eff. 6-28-96.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.