093_SB0522

 
                                     LRB093 04454 AMC 04506 b

 1        AN ACT concerning environmental safety.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Environmental Protection Act is amended
 5    by changing Section 55.6 as follows:

 6        (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
 7        Sec. 55.6. Used Tire Management Fund.
 8        (a)  There is hereby created  in  the  State  Treasury  a
 9    special  fund  to  be known as the Used Tire Management Fund.
10    There shall be deposited into the Fund all monies received as
11    (1) recovered costs or proceeds from the sale of  used  tires
12    under  Section  55.3 of this Act, (2) repayment of loans from
13    the Used Tire Management Fund, or (3) penalties  or  punitive
14    damages  for  violations of this Title, except as provided by
15    subdivision (b)(4) or (b)(4-5) of Section 42.
16        (b)  Beginning January 1, 1992, in addition to any  other
17    fees  required  by  law,  the  owner or operator of each site
18    required to be registered under subsection (d) of Section  55
19    shall pay to the Agency an annual fee of $100. Fees collected
20    under   this   subsection   shall   be   deposited  into  the
21    Environmental Protection Permit and Inspection Fund.
22        (c)  Pursuant to appropriation, monies up to an amount of
23    $2 million per fiscal year from the Used Tire Management Fund
24    shall be allocated as follows:
25             (1)  38% shall be available to the  Agency  for  the
26        following purposes, provided that priority shall be given
27        to item (i):
28                  (i)  To  undertake  preventive,  corrective  or
29             removal  action  as  authorized by and in accordance
30             with  Section  55.3,  and  to   recover   costs   in
31             accordance with Section 55.3.
 
                            -2-      LRB093 04454 AMC 04506 b
 1                  (ii)  For  the  performance  of  inspection and
 2             enforcement  activities  for  used  and  waste  tire
 3             sites.
 4                  (iii)  To assist with marketing of  used  tires
 5             by   augmenting  the  operations  of  an  industrial
 6             materials exchange service.
 7                  (iv)  To provide financial assistance to  units
 8             of   local   government   for   the  performance  of
 9             inspecting, investigating and enforcement activities
10             pursuant to subsection (r) of Section 4 at used  and
11             waste tire sites.
12                  (v)  To  provide  financial assistance for used
13             and waste  tire  collection  projects  sponsored  by
14             local government or not-for-profit corporations.
15                  (vi)  For  the  costs  of  fee  collection  and
16             administration relating to used and waste tires, and
17             to  accomplish such other purposes as are authorized
18             by this Act and regulations thereunder.
19             (2)  23% shall be available  to  the  Department  of
20        Commerce   and   Community   Affairs  for  the  following
21        purposes, provided that priority shall be given  to  item
22        (A):
23                  (A)  To   provide   grants  or  loans  for  the
24             purposes of:
25                       (i)  assisting units of  local  government
26                  and  private  industry  in the establishment of
27                  facilities and programs to collect, process and
28                  utilize used and waste tires and  tire  derived
29                  materials;
30                       (ii)  demonstrating   the  feasibility  of
31                  innovative   technologies   as   a   means   of
32                  collecting, storing, processing  and  utilizing
33                  used   and   waste   tires   and  tire  derived
34                  materials; and
 
                            -3-      LRB093 04454 AMC 04506 b
 1                       (iii)  applying demonstrated  technologies
 2                  as  a means of collecting, storing, processing,
 3                  and utilizing used and  waste  tires  and  tire
 4                  derived materials.
 5                  (B)  To develop educational material for use by
 6             officials  and  the  public to better understand and
 7             respond to the problems  posed  by  used  tires  and
 8             associated insects.
 9                  (C)  (Blank).
10                  (D)  To  perform  such research as the Director
11             deems appropriate to help meet the purposes of  this
12             Act.
13                  (E)  To  pay the costs of administration of its
14             activities authorized under this Act.
15             (3)  25%  shall  be  available   to   the   Illinois
16        Department of Public Health for the following purposes:
17                  (A)  To   investigate   threats   or  potential
18             threats to the public health related  to  mosquitoes
19             and  other  vectors  of  disease associated with the
20             improper storage, handling and  disposal  of  tires,
21             improper waste disposal, or natural conditions.
22                  (B)  To  conduct  surveillance  and  monitoring
23             activities   for   mosquitoes  and  other  arthropod
24             vectors of  disease,  and  surveillance  of  animals
25             which  provide  a  reservoir  for  disease-producing
26             organisms.
27                  (C)  To  conduct training activities to promote
28             vector  control   programs   and   integrated   pest
29             management as defined in the Vector Control Act.
30                  (D)  To   respond   to  inquiries,  investigate
31             complaints,   conduct   evaluations   and    provide
32             technical  consultation  to help reduce or eliminate
33             public  health  hazards  and   nuisance   conditions
34             associated with mosquitoes and other vectors.
 
                            -4-      LRB093 04454 AMC 04506 b
 1                  (E)  To  provide  financial assistance to units
 2             of local government for training, investigation  and
 3             response   to   public   nuisances  associated  with
 4             mosquitoes and other vectors of disease.
 5             (4)  2% shall be  available  to  the  Department  of
 6        Agriculture   for   its  activities  under  the  Illinois
 7        Pesticide Act relating to used and waste tires.
 8             (5)  2% shall be available to the Pollution  Control
 9        Board  for  administration  of its activities relating to
10        used and waste tires.
11             (6)  10% shall be available  to  the  Department  of
12        Natural Resources for the Illinois Natural History Survey
13        to  perform  research to study the biology, distribution,
14        population ecology, and biosystematics  of  tire-breeding
15        arthropods,  especially mosquitoes, and the diseases they
16        spread.
17          (d)  By January 1,  1998,  and  biennially  thereafter,
18    each  State  agency  receiving an appropriation from the Used
19    Tire Management Fund shall report to  the  Governor  and  the
20    General Assembly on its activities relating to the Fund.
21        (e)  Any   monies   appropriated   from   the  Used  Tire
22    Management Fund, but not obligated, shall revert to the Fund.
23        (f)  In administering the provisions of subdivisions (1),
24    (2) and (3) of subsection (c) of this  Section,  the  Agency,
25    the  Department  of  Commerce  and Community Affairs, and the
26    Illinois  Department  of  Public  Health  shall  ensure  that
27    appropriate   funding   assistance   is   provided   to   any
28    municipality with a  population  over  1,000,000  or  to  any
29    sanitary district which serves a population over 1,000,000.
30        (g)  Pursuant  to  appropriation,  monies in excess of $2
31    million per fiscal year from the Used  Tire  Management  Fund
32    shall be used as follows:
33             (1)  55%   shall  be  available  to  the  Agency  to
34        undertake preventive, corrective  or  renewed  action  as
 
                            -5-      LRB093 04454 AMC 04506 b
 1        authorized  by and in accordance with Section 55.3 and to
 2        recover costs in accordance with Section 55.3.
 3             (2)  45% shall be available  to  the  Department  of
 4        Commerce and Community Affairs to provide grants or loans
 5        for the purposes of:
 6                  (i)  assisting  units  of  local government and
 7             private industry in the establishment of  facilities
 8             and  programs  to collect, process and utilize waste
 9             tires and tire derived material;
10                  (ii)  demonstrating    the    feasibility    of
11             innovative technologies as a  means  of  collecting,
12             storing,  processing,  and  utilizing used and waste
13             tires and tire derived materials; and
14                  (iii)  applying demonstrated technologies as  a
15             means   of   collecting,  storing,  processing,  and
16             utilizing used and  waste  tires  and  tire  derived
17             materials.
18    (Source: P.A. 91-856, eff. 6-22-00; 92-16, eff. 6-28-01.)

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.