Full Text of SB2671 98th General Assembly
SB2671enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning 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 by | 5 | | changing Sections 55, 55.1, 55.2, and 55.6 as follows:
| 6 | | (415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
| 7 | | Sec. 55. Prohibited activities.
| 8 | | (a) No person shall:
| 9 | | (1) Cause or allow the open dumping of any used or | 10 | | waste tire.
| 11 | | (2) Cause or allow the open burning of any used or | 12 | | waste tire.
| 13 | | (3) Except at a tire storage site which contains more | 14 | | than 50 used
tires, cause or allow the storage of any used | 15 | | tire unless the tire is
altered, reprocessed, converted, | 16 | | covered, or otherwise prevented from
accumulating water.
| 17 | | (4) Cause or allow the operation of a tire storage site | 18 | | except in
compliance with Board regulations.
| 19 | | (5) Abandon, dump or dispose of any used or waste tire | 20 | | on private or
public property, except in a sanitary | 21 | | landfill approved by the Agency
pursuant to regulations | 22 | | adopted by the Board.
| 23 | | (6) Fail to submit required reports, tire removal |
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| 1 | | agreements,
or Board regulations.
| 2 | | (b) (Blank.)
| 3 | | (b-1) Beginning January 1, 1995,
no person shall knowingly | 4 | | mix any used or waste tire, either whole or cut, with
municipal | 5 | | waste, and no owner or operator of a sanitary landfill shall | 6 | | accept
any used or waste tire for final disposal; except that | 7 | | used or waste tires,
when separated from other waste, may be | 8 | | accepted if: (1) the sanitary landfill
provides and maintains a | 9 | | means for shredding, slitting, or chopping whole tires
and so | 10 | | treats whole tires and, if approved by the Agency in a permit | 11 | | issued
under this Act, uses the used or waste tires for | 12 | | alternative uses, which may
include on-site practices such as | 13 | | lining of roadways with tire scraps,
alternative daily cover, | 14 | | or use in a leachate collection system or (2) the
sanitary | 15 | | landfill, by its notification to the Illinois Industrial | 16 | | Materials
Exchange Service, makes available the used or waste | 17 | | tire to an appropriate
facility for reuse, reprocessing, or | 18 | | converting, including use as an alternate
energy fuel. If, | 19 | | within 30 days after notification to the Illinois Industrial
| 20 | | Materials Exchange Service of the availability of waste tires, | 21 | | no specific
request for the used or waste tires is received by | 22 | | the sanitary landfill, and
the sanitary landfill determines it | 23 | | has no alternative use for those used or
waste tires, the | 24 | | sanitary landfill may dispose of slit, chopped, or
shredded | 25 | | used or waste tires in the sanitary landfill.
In the event the | 26 | | physical condition of a used or waste tire makes shredding,
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| 1 | | slitting, chopping, reuse, reprocessing, or other alternative | 2 | | use of the used
or waste tire impractical or infeasible, then | 3 | | the sanitary landfill, after
authorization by the Agency, may | 4 | | accept the used or waste tire for disposal.
| 5 | | Sanitary landfills and facilities for reuse, reprocessing, | 6 | | or converting,
including use as alternative fuel, shall (i) | 7 | | notify the Illinois Industrial
Materials Exchange Service of | 8 | | the availability of and demand for used or waste
tires and (ii) | 9 | | consult with the Department of Commerce and Economic | 10 | | Opportunity
regarding the status of marketing of waste tires to | 11 | | facilities for reuse.
| 12 | | (c) Any person who sells new or used
tires at retail or | 13 | | operates a tire storage
site or a tire disposal site which | 14 | | contains more than 50 used or waste
tires shall give notice of | 15 | | such activity to the Agency. Any person
engaging in such | 16 | | activity for the first time after January 1, 1990, shall
give | 17 | | notice to the Agency within 30 days after the date of | 18 | | commencement of
the activity. The form of such notice shall be | 19 | | specified by the Agency and
shall be limited to information | 20 | | regarding the following:
| 21 | | (1) the name and address of the owner and operator;
| 22 | | (2) the name, address and location of the operation;
| 23 | | (3) the type of operations involving used and waste | 24 | | tires (storage,
disposal, conversion or processing); and
| 25 | | (4) the number of used and waste tires present at the | 26 | | location.
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| 1 | | (d) Beginning January 1, 1992, no person shall cause or | 2 | | allow the
operation of:
| 3 | | (1) a tire storage site which contains more than 50 | 4 | | used tires,
unless the owner or operator, by January 1, | 5 | | 1992 (or the January 1
following commencement of operation, | 6 | | whichever is later) and January 1 of
each year thereafter, | 7 | | (i) registers the site with the Agency , except that the | 8 | | registration requirement in this item (i) does not apply in | 9 | | the case of a tire storage site required to be permitted | 10 | | under subsection (d-5) , (ii)
certifies to the Agency that | 11 | | the site complies with any applicable
standards adopted by | 12 | | the Board pursuant to Section 55.2, (iii) reports to
the | 13 | | Agency the number of tires accumulated, the status of | 14 | | vector controls,
and the actions taken to handle and | 15 | | process the tires, and (iv) pays the
fee required under | 16 | | subsection (b) of Section 55.6; or
| 17 | | (2) a tire disposal site, unless the owner or operator | 18 | | (i) has
received approval from the Agency after filing a | 19 | | tire removal agreement
pursuant to Section 55.4, or (ii) | 20 | | has entered into a written agreement to
participate in a | 21 | | consensual removal action under Section 55.3.
| 22 | | The Agency shall provide written forms for the annual | 23 | | registration and
certification required under this subsection | 24 | | (d).
| 25 | | (d-4) On or before January 1, 2015, the owner or operator | 26 | | of each tire storage site that contains used tires totaling |
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| 1 | | more than 10,000 passenger tire equivalents, or at which more | 2 | | than 500 tons of used tires are processed in a calendar year, | 3 | | shall submit documentation demonstrating its compliance with | 4 | | Board rules adopted under this Title. This documentation must | 5 | | be submitted on forms and in a format prescribed by the Agency. | 6 | | (d-5) Beginning July 1, 2016, no person shall cause or | 7 | | allow the operation of a tire storage site that contains used | 8 | | tires totaling more than 10,000 passenger tire equivalents, or | 9 | | at which more than 500 tons of used tires are processed in a | 10 | | calendar year, without a permit granted by the Agency or in | 11 | | violation of any conditions imposed by that permit, including | 12 | | periodic reports and full access to adequate records and the | 13 | | inspection of facilities, as may be necessary to ensure | 14 | | compliance with this Act and with regulations and standards | 15 | | adopted under this Act. | 16 | | (d-6) No person shall cause or allow the operation of a | 17 | | tire storage site in violation of the financial assurance rules | 18 | | established by the Board under subsection (b) of Section 55.2 | 19 | | of this Act. In addition to the remedies otherwise provided | 20 | | under this Act, the State's Attorney of the county in which the | 21 | | violation occurred, or the Attorney General, may, at the | 22 | | request of the Agency or on his or her own motion, institute a | 23 | | civil action for an immediate injunction, prohibitory or | 24 | | mandatory, to restrain any violation of this subsection (d-6) | 25 | | or to require any other action as may be necessary to abate or | 26 | | mitigate any immediate danger or threat to public health or the |
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| 1 | | environment at the site. Injunctions to restrain a violation of | 2 | | this subsection (d-6) may include, but are not limited to, the | 3 | | required removal of all tires for which financial assurance is | 4 | | not maintained and a prohibition against the acceptance of | 5 | | tires in excess of the amount for which financial assurance is | 6 | | maintained. | 7 | | (e) No person shall cause or allow the storage, disposal, | 8 | | treatment or
processing of any used or waste tire in violation | 9 | | of any regulation or
standard adopted by the Board.
| 10 | | (f) No person shall arrange for the transportation of used | 11 | | or waste tires
away from the site of generation with a person | 12 | | known to openly dump such tires.
| 13 | | (g) No person shall engage in any operation as a used or | 14 | | waste tire
transporter except in compliance with Board | 15 | | regulations.
| 16 | | (h) No person shall cause or allow the combustion of any | 17 | | used or waste
tire in an enclosed device unless a permit has | 18 | | been issued by the Agency
authorizing such combustion pursuant | 19 | | to regulations adopted by the Board
for the control of air | 20 | | pollution and consistent with the provisions of
Section 9.4 of | 21 | | this Act.
| 22 | | (i) No person shall cause or allow the use of pesticides to | 23 | | treat tires
except as prescribed by Board regulations.
| 24 | | (j) No person shall fail to comply with the terms of a tire | 25 | | removal
agreement approved by the Agency pursuant to Section | 26 | | 55.4.
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| 1 | | (k) No person shall: | 2 | | (1) Cause or allow water to accumulate in used or waste | 3 | | tires. The prohibition set forth in this paragraph (1) of | 4 | | subsection (k) shall not apply to used or waste tires | 5 | | located at a residential household, as long as not more | 6 | | than 12 used or waste tires are located at the site. | 7 | | (2) Fail to collect a fee required under Section 55.8 | 8 | | of this Title. | 9 | | (3) Fail to file a return required under Section 55.10 | 10 | | of this Title. | 11 | | (4) Transport used or waste tires in violation of the | 12 | | registration and vehicle placarding requirements adopted | 13 | | by the Board. | 14 | | (Source: P.A. 96-737, eff. 8-25-09.)
| 15 | | (415 ILCS 5/55.1) (from Ch. 111 1/2, par. 1055.1)
| 16 | | Sec. 55.1.
| 17 | | (a) The prohibitions set forth in subdivision (a)(3) of
| 18 | | Section 55 of this Act shall not apply to used tires:
| 19 | | (1) generated and located at a site as a result of the | 20 | | growing and
harvesting of agricultural crops or the raising | 21 | | of animals, as long as not
more than 20 used tires are | 22 | | located at the site;
| 23 | | (2) located at a residential household, as long as not | 24 | | more than 12 used
tires are located at the site; or
| 25 | | (3) which were placed in service for recreational |
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| 1 | | purposes prior to
January 1, 1990 at a school, park or | 2 | | playground, provided that the used
tires are altered by | 3 | | January 1, 1992.
| 4 | | (b) The prohibitions set forth in subdivisions (a)(3), | 5 | | (a)(4), (c),
(d), (d-5), (d-6), (e), (g), and (k)(4)
of Section | 6 | | 55 of this Act shall not apply to used or waste tires collected
| 7 | | by a not-for-profit corporation if:
| 8 | | (1) the collection location has been approved by the | 9 | | applicable general
purpose unit of local government;
| 10 | | (2) the collected tires are transported to a facility | 11 | | permitted by the
Agency to store, process or dispose of | 12 | | used or waste tires within 7 days
after collection; and
| 13 | | (3) the collection does not occur as a continuous | 14 | | business operation.
| 15 | | | 16 | | (c) The prohibitions set forth in subdivisions (a)(3), | 17 | | (a)(4), (c),
(d), (d-5), (d-6), (e), (g), and (k)(4) of Section | 18 | | 55 of this Act shall not apply to used or waste
tires collected | 19 | | by the State or a unit of local government, provided that:
| 20 | | (1) the collection is part of an established program to | 21 | | take preventive
or corrective action regarding such tires;
| 22 | | (2) any staging sites for handling such tires are | 23 | | reasonably secure and
regularly maintained in a safe | 24 | | manner; and
| 25 | | (3) the Agency is notified in writing during January of | 26 | | each calendar
year regarding the location of the staging |
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| 1 | | sites, the number of such tires
accumulated, the status of | 2 | | vector controls, and actions taken to process
such tires.
| 3 | | The Agency shall provide written confirmation to a State | 4 | | agency or unit
of local government regarding the applicability | 5 | | of this subsection
upon receipt of a written description of its | 6 | | established program, and each
January following receipt of the | 7 | | annual report required under subdivision
(c)(3) of this | 8 | | subsection.
| 9 | | For purposes of determining the applicability of this | 10 | | subsection, any
municipality with a population over 1,000,000 | 11 | | may certify to
the Agency by January 1, 1990 that it operates | 12 | | an established program. Upon
the filing of such a | 13 | | certification, the established program shall be deemed
to | 14 | | satisfy the provisions of subdivisions (1) and (2) of this | 15 | | subsection.
| 16 | | (d) The prohibitions set forth in subdivision (a)(5) of | 17 | | Section 55 of
this Act shall not apply to used tires that are | 18 | | generated and located at a
permitted coal mining site after use | 19 | | on specialized coal hauling and
extraction vehicles.
| 20 | | (Source: P.A. 96-737, eff. 8-25-09.)
| 21 | | (415 ILCS 5/55.2) (from Ch. 111 1/2, par. 1055.2)
| 22 | | Sec. 55.2.
(a) Not later than July 1, 1990, the Agency | 23 | | shall propose
regulations which prescribe standards for the | 24 | | storage, disposal, processing
and transportation of used and | 25 | | waste tires.
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| 1 | | (b) Not later than one year after the receipt of the | 2 | | Agency's proposed
regulations, the Board shall adopt, pursuant | 3 | | to Sections 27 and 28 of this
Act, regulations which are | 4 | | consistent with the provisions of this Title.
These regulations | 5 | | shall, at a minimum, specify: recordkeeping and reporting
| 6 | | requirements; criteria for minimizing the danger of tire fires, | 7 | | including
dimensions for piling tires and minimum aisle | 8 | | spacing; financial assurance
criteria; and criteria for | 9 | | distinguishing storage from disposal. In
addition, such | 10 | | regulations shall prohibit the use of pesticides as an
ongoing | 11 | | means of demonstrating compliance with this Title.
| 12 | | (b-5) Not later than 6 months after the effective date of | 13 | | this amendatory Act of the 98th General Assembly, the Agency | 14 | | shall propose, and, not later than 9 months after receipt of | 15 | | the Agency's proposal, the Board shall adopt, revisions to the | 16 | | rules adopted under this Title that are necessary to conform | 17 | | those rules to the requirements of this Title, including, but | 18 | | not limited to, revisions to those rules that are necessary to | 19 | | implement the changes made to this Act by this amendatory Act | 20 | | of the 98th General Assembly. | 21 | | (c) In adopting regulations under this Section, the Board | 22 | | may impose
different requirements for different categories of | 23 | | used or waste tire
storage, disposal, transport, and | 24 | | processing.
| 25 | | (d) Nothing in this Section shall be construed as limiting | 26 | | the general
authority of the Board to promulgate regulations |
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| 1 | | pursuant to Title VII of this Act.
| 2 | | (Source: P.A. 86-452.)
| 3 | | (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
| 4 | | Sec. 55.6. Used Tire Management Fund.
| 5 | | (a) There is hereby created in the State Treasury a special
| 6 | | fund to be known as the Used Tire Management Fund. There shall | 7 | | be
deposited into the Fund all monies received as (1) recovered | 8 | | costs or
proceeds from the sale of used tires under Section | 9 | | 55.3 of this Act, (2)
repayment of loans from the Used Tire | 10 | | Management Fund, or (3) penalties or
punitive damages for | 11 | | violations of this Title, except as provided by
subdivision | 12 | | (b)(4) or (b)(4-5) of Section 42.
| 13 | | (b) Beginning January 1, 1992, in addition to any other | 14 | | fees required by
law, the owner or operator of each site | 15 | | required to be registered or permitted under
subsection (d) or | 16 | | (d-5) of Section 55 shall pay to the Agency an annual fee of | 17 | | $100.
Fees collected under this subsection shall be deposited | 18 | | into the Environmental
Protection Permit and Inspection Fund.
| 19 | | (c) Pursuant to appropriation, monies up to an amount of $2 | 20 | | million per
fiscal year from the Used Tire Management Fund | 21 | | shall be allocated as follows:
| 22 | | (1) 38% shall be available to the Agency for the | 23 | | following
purposes, provided that priority shall be given | 24 | | to item (i):
| 25 | | (i) To undertake preventive, corrective or removal |
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| 1 | | action as
authorized by and in accordance with Section | 2 | | 55.3, and
to recover costs in accordance with Section | 3 | | 55.3.
| 4 | | (ii) For the performance of inspection and | 5 | | enforcement activities for
used and waste tire sites.
| 6 | | (iii) To assist with marketing of used tires by | 7 | | augmenting the
operations of an industrial materials | 8 | | exchange service.
| 9 | | (iv) To provide financial assistance to units of | 10 | | local 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 and | 15 | | waste tire collection
projects sponsored by local | 16 | | government or not-for-profit corporations.
| 17 | | (vi) For the costs of fee collection and | 18 | | administration relating to
used and waste tires, and to | 19 | | accomplish such other purposes as are
authorized by | 20 | | this Act and regulations thereunder.
| 21 | | (vii) To provide financial assistance to units of | 22 | | local government and private industry for the purposes | 23 | | of: | 24 | | (A) assisting in the establishment of | 25 | | facilities and programs to collect, process, and | 26 | | utilize used and waste tires and tire-derived |
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| 1 | | materials; | 2 | | (B) demonstrating the feasibility of | 3 | | innovative technologies as a means of collecting, | 4 | | storing, processing, and utilizing used and waste | 5 | | tires and tire-derived materials; and | 6 | | (C) applying demonstrated technologies as a | 7 | | means of collecting, storing, processing, and | 8 | | utilizing used and waste tires and tire-derived | 9 | | materials.
| 10 | | (2) For fiscal years beginning prior to July 1, 2004,
| 11 | | 23% shall be available to the Department of Commerce and
| 12 | | Economic Opportunity for the following purposes, provided | 13 | | that priority shall be
given to item (A):
| 14 | | (A) To provide grants or loans for the purposes of:
| 15 | | (i) assisting units of local government and | 16 | | private industry in the
establishment of | 17 | | facilities and programs to collect, process
and | 18 | | utilize used and waste tires and tire derived | 19 | | materials;
| 20 | | (ii) demonstrating the feasibility of | 21 | | innovative technologies as a
means of collecting, | 22 | | storing, processing and utilizing used
and waste | 23 | | tires and tire derived materials; and
| 24 | | (iii) applying demonstrated technologies as a | 25 | | means of collecting,
storing, processing, and | 26 | | utilizing used and waste tires
and tire derived |
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| 1 | | materials.
| 2 | | (B) To develop educational material for use by | 3 | | officials and the public
to better understand and | 4 | | respond to the problems posed by used tires and
| 5 | | associated insects.
| 6 | | (C) (Blank).
| 7 | | (D) To perform such research as the Director deems | 8 | | appropriate to
help meet the purposes of this Act.
| 9 | | (E) To pay the costs of administration of its | 10 | | activities authorized
under this Act.
| 11 | | (2.1) For the fiscal year beginning July 1, 2004 and | 12 | | for all fiscal years thereafter, 23% shall be deposited | 13 | | into the General Revenue Fund.
| 14 | | (3) 25% shall be available to the Illinois Department | 15 | | of
Public Health for the following purposes:
| 16 | | (A) To investigate threats or potential threats to | 17 | | the public health
related to mosquitoes and other | 18 | | vectors of disease associated with the
improper | 19 | | storage, handling and disposal of tires, improper | 20 | | waste disposal,
or natural conditions.
| 21 | | (B) To conduct surveillance and monitoring | 22 | | activities for
mosquitoes and other arthropod vectors | 23 | | of disease, and surveillance of
animals which provide a | 24 | | reservoir for disease-producing organisms.
| 25 | | (C) To conduct training activities to promote | 26 | | vector control programs
and integrated pest management |
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| 1 | | as defined in the Vector Control Act.
| 2 | | (D) To respond to inquiries, investigate | 3 | | complaints, conduct evaluations
and provide technical | 4 | | consultation to help reduce or eliminate public
health | 5 | | hazards and nuisance conditions associated with | 6 | | mosquitoes and other
vectors.
| 7 | | (E) To provide financial assistance to units of | 8 | | local government for
training, investigation and | 9 | | response to public nuisances associated with
| 10 | | mosquitoes and other vectors of disease.
| 11 | | (4) 2% shall be available to the Department of | 12 | | Agriculture for its
activities under the Illinois | 13 | | Pesticide Act relating to used and waste tires.
| 14 | | (5) 2% shall be available to the Pollution Control | 15 | | Board for
administration of its activities relating to used | 16 | | and waste tires.
| 17 | | (6) 10% shall be available to the Department of Natural | 18 | | Resources for
the Illinois Natural History Survey to | 19 | | perform research to study the biology,
distribution, | 20 | | population ecology, and biosystematics of tire-breeding
| 21 | | arthropods, especially mosquitoes, and the diseases they | 22 | | spread.
| 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.
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| 1 | | (e) Any monies appropriated from the Used Tire Management | 2 | | Fund, but not
obligated, shall revert to the Fund.
| 3 | | (f) In administering the provisions of subdivisions (1), | 4 | | (2) and (3) of
subsection (c) of this Section, the Agency, the | 5 | | Department of Commerce and
Economic Opportunity, and the | 6 | | Illinois
Department of Public Health shall ensure that | 7 | | appropriate funding
assistance is provided to any municipality | 8 | | with a population over 1,000,000
or to any sanitary district | 9 | | which serves a population over 1,000,000.
| 10 | | (g) Pursuant to appropriation, monies in excess of $2 | 11 | | million per fiscal
year from the Used Tire Management Fund | 12 | | shall be used as follows:
| 13 | | (1) 55% shall be available to the Agency for the | 14 | | following purposes, provided that priority shall be given | 15 | | to subparagraph (A): | 16 | | (A) To to undertake preventive,
corrective or | 17 | | renewed action as authorized by and in accordance with
| 18 | | Section 55.3 and to recover costs in accordance with | 19 | | Section 55.3.
| 20 | | (B) To provide financial assistance to units of | 21 | | local government and private industry for the purposes | 22 | | of: | 23 | | (i) assisting in the establishment of | 24 | | facilities and programs to collect, process, and | 25 | | utilize used and waste tires and tire-derived | 26 | | materials; |
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| 1 | | (ii) demonstrating the feasibility of | 2 | | innovative technologies as a means of collecting, | 3 | | storing, processing, and utilizing used and waste | 4 | | tires and tire-derived materials; and | 5 | | (iii) applying demonstrated technologies as a | 6 | | means of collecting, storing, processing, and | 7 | | utilizing used and waste tires and tire-derived | 8 | | materials.
| 9 | | (2) For fiscal years beginning prior to July 1, 2004,
| 10 | | 45% shall be available to the Department of Commerce and | 11 | | Economic Opportunity to provide grants or loans for the | 12 | | purposes of:
| 13 | | (i) assisting units of local government and | 14 | | private industry in the
establishment of facilities | 15 | | and programs to collect, process and utilize
waste | 16 | | tires and tire derived material;
| 17 | | (ii) demonstrating the feasibility of innovative | 18 | | technologies as a
means of collecting, storing, | 19 | | processing, and utilizing used and waste tires
and tire | 20 | | derived materials; and
| 21 | | (iii) applying demonstrated technologies as a | 22 | | means of collecting,
storing, processing, and | 23 | | utilizing used and waste tires and tire derived
| 24 | | materials.
| 25 | | (3) For the fiscal year beginning July 1, 2004 and for | 26 | | all fiscal years thereafter, 45% shall be deposited into |
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| 1 | | the General Revenue Fund.
| 2 | | (Source: P.A. 92-16, eff. 6-28-01; 93-839, eff. 7-30-04.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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