State of Illinois
91st General Assembly
Legislation

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91_HB2016eng

 
HB2016 Engrossed                               LRB9104215ACtm

 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
 
HB2016 Engrossed            -2-                LRB9104215ACtm
 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 units
 9             of  local  government   for   the   performance   of
10             inspecting, investigating and enforcement activities
11             pursuant  to subsection (r) of Section 4 at used and
12             waste tire sites.
13                  (v)  To provide financial assistance  for  used
14             and  waste  tire  collection  projects  sponsored by
15             local government or not-for-profit corporations.
16                  (vi)  For  the  costs  of  fee  collection  and
17             administration relating to used and waste tires, and
18             to accomplish such other purposes as are  authorized
19             by this Act and regulations thereunder.
20             (2)  23%  shall  be  available  to the Department of
21        Commerce  and  Community  Affairs   for   the   following
22        purposes,  provided  that priority shall be given to item
23        (A):
24                  (A)  To  provide  grants  or  loans   for   the
25             purposes of:
26                       (i)  assisting  units  of local government
27                  and private industry in  the  establishment  of
28                  facilities and programs to collect, process and
29                  utilize  used  and waste tires and tire derived
30                  materials;
31                       (ii)  demonstrating  the  feasibility   of
32                  innovative   technologies   as   a   means   of
33                  collecting,  storing,  processing and utilizing
34                  used  and  waste   tires   and   tire   derived
 
HB2016 Engrossed            -3-                LRB9104215ACtm
 1                  materials; and
 2                       (iii)  applying  demonstrated technologies
 3                  as a means of collecting, storing,  processing,
 4                  and  utilizing  used  and  waste tires and tire
 5                  derived materials.
 6                  (B)  To develop educational material for use by
 7             officials and the public to  better  understand  and
 8             respond  to  the  problems  posed  by used tires and
 9             associated insects.
10                  (C)  (Blank).
11                  (D)  To perform such research as  the  Director
12             deems  appropriate to help meet the purposes of this
13             Act.
14                  (E)  To pay the costs of administration of  its
15             activities authorized under this Act.
16             (3)  25%   shall   be   available  to  the  Illinois
17        Department of Public Health for the following purposes:
18                  (A)  To  investigate   threats   or   potential
19             threats  to  the public health related to mosquitoes
20             and other vectors of  disease  associated  with  the
21             improper  storage,  handling  and disposal of tires,
22             improper waste disposal, or natural conditions.
23                  (B)  To  conduct  surveillance  and  monitoring
24             activities  for  mosquitoes  and   other   arthropod
25             vectors  of  disease,  and  surveillance  of animals
26             which  provide  a  reservoir  for  disease-producing
27             organisms.
28                  (C)  To conduct training activities to  promote
29             vector   control   programs   and   integrated  pest
30             management as defined in the Vector Control Act.
31                  (D)  To  respond  to   inquiries,   investigate
32             complaints,    conduct   evaluations   and   provide
33             technical consultation to help reduce  or  eliminate
34             public   health   hazards  and  nuisance  conditions
 
HB2016 Engrossed            -4-                LRB9104215ACtm
 1             associated with mosquitoes and other vectors.
 2                  (E)  To provide financial assistance  to  units
 3             of  local government for training, investigation and
 4             response  to  public   nuisances   associated   with
 5             mosquitoes and other vectors of disease.
 6             (4)  2%  shall  be  available  to  the Department of
 7        Agriculture  for  its  activities  under   the   Illinois
 8        Pesticide Act relating to used and waste tires.
 9             (5)  2%  shall be available to the Pollution Control
10        Board for administration of its  activities  relating  to
11        used and waste tires.
12             (6)  10%  shall  be  available  to the Department of
13        Natural Resources for the Illinois Natural History Survey
14        to perform research to study the  biology,  distribution,
15        population  ecology,  and biosystematics of tire-breeding
16        arthropods, especially mosquitoes, and the diseases  they
17        spread.
18    The  allocations provided by this subsection (c) do not apply
19    to State fiscal year 2001 or thereafter.
20        (d)  By January 1, 1998, and biennially thereafter,  each
21    State  agency  receiving  an appropriation from the Used Tire
22    Management Fund shall report to the Governor and the  General
23    Assembly on its activities relating to the Fund.
24        (e)  Any   monies   appropriated   from   the  Used  Tire
25    Management Fund, but not obligated, shall revert to the Fund.
26        (f)  In administering the provisions of subdivisions (1),
27    (2) and (3) of subsection (c) of this  Section,  the  Agency,
28    the  Department  of  Commerce  and Community Affairs, and the
29    Illinois  Department  of  Public  Health  shall  ensure  that
30    appropriate   funding   assistance   is   provided   to   any
31    municipality with a population over 2,000,000 1,000,000 or to
32    any  sanitary  district  which  serves  a   population   over
33    2,000,000 1,000,000.
34        (g)  Pursuant  to  appropriation,  monies in excess of $2
 
HB2016 Engrossed            -5-                LRB9104215ACtm
 1    million per fiscal year from the Used  Tire  Management  Fund
 2    shall be used as follows:
 3             (1)  55%   shall  be  available  to  the  Agency  to
 4        undertake preventive, corrective  or  renewed  action  as
 5        authorized  by and in accordance with Section 55.3 and to
 6        recover costs in accordance with Section 55.3.
 7             (2)  45% shall be available  to  the  Department  of
 8        Commerce and Community Affairs to provide grants or loans
 9        for the purposes of:
10                  (i)  assisting  units  of  local government and
11             private industry in the establishment of  facilities
12             and  programs  to collect, process and utilize waste
13             tires and tire derived material;
14                  (ii)  demonstrating    the    feasibility    of
15             innovative technologies as a  means  of  collecting,
16             storing,  processing,  and  utilizing used and waste
17             tires and tire derived materials; and
18                  (iii)  applying demonstrated technologies as  a
19             means   of   collecting,  storing,  processing,  and
20             utilizing used and  waste  tires  and  tire  derived
21             materials.
22    (Source: P.A. 89-445, eff. 2-7-96; 89-499, eff. 6-28-96.)

23        Section  99.  Effective date.  This Act takes effect upon
24    becoming law.

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