093_HB0360ham002
LRB093 04979 EFG 14514 a
1 AMENDMENT TO HOUSE BILL 360
2 AMENDMENT NO. . Amend House Bill 360, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5 "Section 5. The State Finance Act is amended by adding
6 Section 5.595 as follows:
7 (30 ILCS 105/5.595 new)
8 Sec. 5.595. The Emergency Public Health Fund.
9 Section 10. The Environmental Protection Act is amended
10 by changing Sections 55 and 55.8 and adding Section 55.6a as
11 follows:
12 (415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
13 Sec. 55. Prohibited activities.
14 (a) No person shall:
15 (1) Cause or allow the open dumping of any used or
16 waste tire.
17 (2) Cause or allow the open burning of any used or
18 waste tire.
19 (3) Except at a tire storage site which contains
20 more than 50 used tires, cause or allow the storage of
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1 any used tire unless the tire is altered, reprocessed,
2 converted, covered, or otherwise prevented from
3 accumulating water.
4 (4) Cause or allow the operation of a tire storage
5 site except in compliance with Board regulations.
6 (5) Abandon, dump or dispose of any used or waste
7 tire on private or public property, except in a sanitary
8 landfill approved by the Agency pursuant to regulations
9 adopted by the Board.
10 (6) Fail to submit required reports, tire removal
11 agreements, or Board regulations.
12 (b) (Blank.)
13 (b-1) Beginning January 1, 1995, no person shall
14 knowingly mix any used or waste tire, either whole or cut,
15 with municipal waste, and no owner or operator of a sanitary
16 landfill shall accept any used or waste tire for final
17 disposal; except that used or waste tires, when separated
18 from other waste, may be accepted if: (1) the sanitary
19 landfill provides and maintains a means for shredding,
20 slitting, or chopping whole tires and so treats whole tires
21 and, if approved by the Agency in a permit issued under this
22 Act, uses the used or waste tires for alternative uses, which
23 may include on-site practices such as lining of roadways with
24 tire scraps, alternative daily cover, or use in a leachate
25 collection system or (2) the sanitary landfill, by its
26 notification to the Illinois Industrial Materials Exchange
27 Service, makes available the used or waste tire to an
28 appropriate facility for reuse, reprocessing, or converting,
29 including use as an alternate energy fuel. If, within 30
30 days after notification to the Illinois Industrial Materials
31 Exchange Service of the availability of waste tires, no
32 specific request for the used or waste tires is received by
33 the sanitary landfill, and the sanitary landfill determines
34 it has no alternative use for those used or waste tires, the
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1 sanitary landfill may dispose of slit, chopped, or shredded
2 used or waste tires in the sanitary landfill. In the event
3 the physical condition of a used or waste tire makes
4 shredding, slitting, chopping, reuse, reprocessing, or other
5 alternative use of the used or waste tire impractical or
6 infeasible, then the sanitary landfill, after authorization
7 by the Agency, may accept the used or waste tire for
8 disposal.
9 Sanitary landfills and facilities for reuse,
10 reprocessing, or converting, including use as alternative
11 fuel, shall (i) notify the Illinois Industrial Materials
12 Exchange Service of the availability of and demand for used
13 or waste tires and (ii) consult with the Department of
14 Commerce and Community Affairs regarding the status of
15 marketing of waste tires to facilities for reuse.
16 (c) On or before January 1, 1990, Any person who sells
17 new or used tires at retail or operates a tire storage site
18 or a tire disposal site which contains more than 50 used or
19 waste tires shall give notice of such activity to the Agency.
20 Any person engaging in such activity for the first time after
21 January 1, 1990, shall give notice to the Agency within 30
22 days after the date of commencement of the activity. The
23 form of such notice shall be specified by the Agency and
24 shall be limited to information regarding the following:
25 (1) the name and address of the owner and operator;
26 (2) the name, address and location of the
27 operation;
28 (3) the type of operations involving used and waste
29 tires (storage, disposal, conversion or processing); and
30 (4) the number of used and waste tires present at
31 the location.
32 (d) Beginning January 1, 1992, no person shall cause or
33 allow the operation of:
34 (1) a tire storage site which contains more than 50
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1 used tires, unless the owner or operator, by January 1,
2 1992 (or the January 1 following commencement of
3 operation, whichever is later) and January 1 of each year
4 thereafter, (i) registers the site with the Agency, (ii)
5 certifies to the Agency that the site complies with any
6 applicable standards adopted by the Board pursuant to
7 Section 55.2, (iii) reports to the Agency the number of
8 tires accumulated, the status of vector controls, and the
9 actions taken to handle and process the tires, and (iv)
10 pays the fee required under subsection (b) of Section
11 55.6; or
12 (2) a tire disposal site, unless the owner or
13 operator (i) has received approval from the Agency after
14 filing a tire removal agreement pursuant to Section 55.4,
15 or (ii) has entered into a written agreement to
16 participate in a consensual removal action under Section
17 55.3.
18 The Agency shall provide written forms for the annual
19 registration and certification required under this subsection
20 (d).
21 (e) No person shall cause or allow the storage,
22 disposal, treatment or processing of any used or waste tire
23 in violation of any regulation or standard adopted by the
24 Board.
25 (f) No person shall arrange for the transportation of
26 used or waste tires away from the site of generation with a
27 person known to openly dump such tires.
28 (g) No person shall engage in any operation as a used or
29 waste tire transporter except in compliance with Board
30 regulations.
31 (h) No person shall cause or allow the combustion of any
32 used or waste tire in an enclosed device unless a permit has
33 been issued by the Agency authorizing such combustion
34 pursuant to regulations adopted by the Board for the control
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1 of air pollution and consistent with the provisions of
2 Section 9.4 of this Act.
3 (i) No person shall cause or allow the use of pesticides
4 to treat tires except as prescribed by Board regulations.
5 (j) No person shall fail to comply with the terms of a
6 tire removal agreement approved by the Agency pursuant to
7 Section 55.4.
8 (Source: P.A. 92-574, eff. 6-26-02.)
9 (415 ILCS 5/55.6a new)
10 Sec. 55.6a. Emergency Public Health Fund. Beginning on
11 July 1, 2003, moneys in the Emergency Public Health Fund,
12 subject to appropriation, shall be allocated as follows: (i)
13 $200,000 to the Department of Natural Resources for the
14 purposes described in Section 55.6(c)(6) and (ii) all
15 remaining amounts to the Department of Public Health to be
16 used to make vector control grants and surveillance grants to
17 the Cook County Department of Public Health (for areas of the
18 County excluding the City of Chicago), to the City of Chicago
19 health department, and to other local health departments.
20 These grants shall be used for expenses related to West Nile
21 Virus and other vector-borne diseases. The amount of each
22 grant shall be based on population and need as supported by
23 information submitted to the Department of Public Health.
24 For the purposes of this Section, need shall be determined by
25 the Department based primarily upon the number of positive
26 human cases of West Nile Virus and other vector-borne
27 diseases occurring during the preceding year and current year
28 in the county or municipality seeking the grant.
29 (415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
30 Sec. 55.8. Tire retailers.
31 (a) Beginning July 1, 1992, any person selling new or
32 used tires at retail or offering new or used tires for retail
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1 sale in this State shall:
2 (1) collect from retail customers a fee of one
3 dollar per new and used tire sold and delivered in this
4 State to be paid to the Department of Revenue and
5 deposited into the Used Tire Management Fund, less a
6 collection allowance of 10 cents per tire to be retained
7 by the retail seller and a collection allowance of 10
8 cents per tire to be retained by the Department of
9 Revenue and paid into the General Revenue Fund;
10 (1.5) beginning on July 1, 2003, collect from
11 retail customers an additional 50 cents per new or used
12 tire sold and delivered in this State. The money
13 collected from this fee shall be deposited into the
14 Emergency Public Health Fund. This fee shall no longer
15 be collected beginning on January 1, 2008.
16 (2) accept for recycling used tires from customers,
17 at the point of transfer, in a quantity equal to the
18 number of new tires purchased; and
19 (3) post in a conspicuous place a written notice at
20 least 8.5 by 11 inches in size that includes the
21 universal recycling symbol and the following statements:
22 "DO NOT put used tires in the trash."; "Recycle your used
23 tires."; and "State law requires us to accept used tires
24 for recycling, in exchange for new tires purchased.".
25 (b) A person who accepts used tires for recycling under
26 subsection (a) shall not allow the tires to accumulate for
27 periods of more than 90 days.
28 (c) The requirements of subsection (a) of this Section
29 do not apply to mail order sales nor shall the retail sale of
30 a motor vehicle be considered to be the sale of tires
31 at retail or offering of tires for retail sale. Instead of
32 filing returns, retailers of tires may remit the tire user
33 fee of $1.00 per tire to their suppliers of tires if the
34 supplier of tires is a registered retailer of tires and
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1 agrees or otherwise arranges to collect and remit the tire
2 fee to the Department of Revenue, notwithstanding the fact
3 that the sale of the tire is a sale for resale and not a sale
4 at retail. A tire supplier who enters into such an
5 arrangement with a tire retailer shall be liable for the tax
6 on all tires sold to the tire retailer and must (i) provide
7 the tire retailer with a receipt that separately reflects the
8 tire tax collected from the retailer on each transaction and
9 (ii) accept used tires for recycling from the retailer's
10 customers. The tire supplier shall be entitled to the
11 collection allowance of 10 cents per tire.
12 The retailer of the tires must maintain in its books and
13 records evidence that the appropriate fee was paid to the
14 tire supplier and that the tire supplier has agreed to remit
15 the fee to the Department of Revenue for each tire sold by
16 the retailer. Otherwise, the tire retailer shall be directly
17 liable for the fee on all tires sold at retail. Tire
18 retailers paying the fee to their suppliers are not entitled
19 to the collection allowance of 10 cents per tire.
20 (d) The requirements of subsection (a) of this Section
21 shall apply exclusively to tires to be used for vehicles
22 defined in Section 1-217 of the Illinois Vehicle Code,
23 aircraft tires, special mobile equipment, and implements of
24 husbandry.
25 (e) The requirements of paragraph (1) of subsection (a)
26 do not apply to the sale of reprocessed tires. For purposes
27 of this Section, "reprocessed tire" means a used tire that
28 has been recapped, retreaded, or regrooved and that has not
29 been placed on a vehicle wheel rim.
30 (Source: P.A. 90-14, eff. 7-1-97.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.".