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, moniesup to an amount of23$2 million per fiscal yearfrom 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 $231million per fiscal year from the Used Tire Management Fund32shall be used as follows:33(1) 55% shall be available to the Agency to34undertake preventive, corrective or renewed action as-5- LRB093 04454 AMC 04506 b 1authorized by and in accordance with Section 55.3 and to2recover costs in accordance with Section 55.3.3(2) 45% shall be available to the Department of4Commerce and Community Affairs to provide grants or loans5for the purposes of:6(i) assisting units of local government and7private industry in the establishment of facilities8and programs to collect, process and utilize waste9tires and tire derived material;10(ii) demonstrating the feasibility of11innovative technologies as a means of collecting,12storing, processing, and utilizing used and waste13tires and tire derived materials; and14(iii) applying demonstrated technologies as a15means of collecting, storing, processing, and16utilizing used and waste tires and tire derived17materials.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.