Bill Text: IL SB1969 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Environmental Protection Act. Makes changes to a provision prohibiting persons from causing or allowing water to accumulate in used or waste tires. Provides an exception for residential households that keep no more than 4 (rather than 12) used or waste tires at the site if they are covered and kept dry. Changes the maximum amount of money that may be allocated from the Used Tire Management Fund for specified purposes from $2,000,000 per fiscal year to $4,000,000 per fiscal year. Provides that 10% of allocations from the Used Tire Management Fund shall be allocated to the University of Illinois for the Prairie Research Institute (rather than to the Department of Natural Resources for the Illinois Natural History Survey) for specified research purposes. Provides that moneys in excess of $4,000,0000 (rather than $2,000,000) per fiscal year from the Used Tire Management Fund shall be used for specified purposes. Provides that a specified amount of the moneys in excess of $4,000,000 per year from the Used Tire Management Fund shall be used to provide grants to public universities for vector-related research, disease-related research, and for related laboratory-based equipment and field-based equipment. Provides that $300,000 from the Emergency Public Health Fund shall be allocated annually to the University of Illinois (rather than the Department of Natural Resources) for specified research purposes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Enrolled) 2017-05-31 - Added Alternate Chief Co-Sponsor Rep. Chad Hays [SB1969 Detail]

Download: Illinois-2017-SB1969-Enrolled.html



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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5changing Sections 55, 55.6, and 55.6a 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
4mix any used or waste tire, either whole or cut, with municipal
5waste, and no owner or operator of a sanitary landfill shall
6accept any used or waste tire for final disposal; except that
7used or waste tires, when separated from other waste, may be
8accepted if: (1) the sanitary landfill provides and maintains a
9means for shredding, slitting, or chopping whole tires and so
10treats whole tires and, if approved by the Agency in a permit
11issued under this Act, uses the used or waste tires for
12alternative uses, which may include on-site practices such as
13lining of roadways with tire scraps, alternative daily cover,
14or use in a leachate collection system or (2) the sanitary
15landfill, by its notification to the Illinois Industrial
16Materials Exchange Service, makes available the used or waste
17tire to an appropriate facility for reuse, reprocessing, or
18converting, including use as an alternate energy fuel. If,
19within 30 days after notification to the Illinois Industrial
20Materials Exchange Service of the availability of waste tires,
21no specific request for the used or waste tires is received by
22the sanitary landfill, and the sanitary landfill determines it
23has no alternative use for those used or waste tires, the
24sanitary landfill may dispose of slit, chopped, or shredded
25used or waste tires in the sanitary landfill. In the event the
26physical condition of a used or waste tire makes shredding,

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1slitting, chopping, reuse, reprocessing, or other alternative
2use of the used or waste tire impractical or infeasible, then
3the sanitary landfill, after authorization by the Agency, may
4accept the used or waste tire for disposal.
5 Sanitary landfills and facilities for reuse, reprocessing,
6or converting, including use as alternative fuel, shall (i)
7notify the Illinois Industrial Materials Exchange Service of
8the availability of and demand for used or waste tires and (ii)
9consult with the Department of Commerce and Economic
10Opportunity regarding the status of marketing of waste tires to
11facilities for reuse.
12 (c) Any person who sells new or used tires at retail or
13operates a tire storage site or a tire disposal site which
14contains more than 50 used or waste tires shall give notice of
15such activity to the Agency. Any person engaging in such
16activity for the first time after January 1, 1990, shall give
17notice to the Agency within 30 days after the date of
18commencement of the activity. The form of such notice shall be
19specified by the Agency and shall be limited to information
20regarding 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
2allow 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
23registration and certification required under this subsection
24(d).
25 (d-4) On or before January 1, 2015, the owner or operator
26of each tire storage site that contains used tires totaling

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1more than 10,000 passenger tire equivalents, or at which more
2than 500 tons of used tires are processed in a calendar year,
3shall submit documentation demonstrating its compliance with
4Board rules adopted under this Title. This documentation must
5be submitted on forms and in a format prescribed by the Agency.
6 (d-5) Beginning July 1, 2016, no person shall cause or
7allow the operation of a tire storage site that contains used
8tires totaling more than 10,000 passenger tire equivalents, or
9at which more than 500 tons of used tires are processed in a
10calendar year, without a permit granted by the Agency or in
11violation of any conditions imposed by that permit, including
12periodic reports and full access to adequate records and the
13inspection of facilities, as may be necessary to ensure
14compliance with this Act and with regulations and standards
15adopted under this Act.
16 (d-6) No person shall cause or allow the operation of a
17tire storage site in violation of the financial assurance rules
18established by the Board under subsection (b) of Section 55.2
19of this Act. In addition to the remedies otherwise provided
20under this Act, the State's Attorney of the county in which the
21violation occurred, or the Attorney General, may, at the
22request of the Agency or on his or her own motion, institute a
23civil action for an immediate injunction, prohibitory or
24mandatory, to restrain any violation of this subsection (d-6)
25or to require any other action as may be necessary to abate or
26mitigate any immediate danger or threat to public health or the

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1environment at the site. Injunctions to restrain a violation of
2this subsection (d-6) may include, but are not limited to, the
3required removal of all tires for which financial assurance is
4not maintained and a prohibition against the acceptance of
5tires in excess of the amount for which financial assurance is
6maintained.
7 (e) No person shall cause or allow the storage, disposal,
8treatment or processing of any used or waste tire in violation
9of any regulation or standard adopted by the Board.
10 (f) No person shall arrange for the transportation of used
11or waste tires away from the site of generation with a person
12known to openly dump such tires.
13 (g) No person shall engage in any operation as a used or
14waste tire transporter except in compliance with Board
15regulations.
16 (h) No person shall cause or allow the combustion of any
17used or waste tire in an enclosed device unless a permit has
18been issued by the Agency authorizing such combustion pursuant
19to regulations adopted by the Board for the control of air
20pollution and consistent with the provisions of Section 9.4 of
21this Act.
22 (i) No person shall cause or allow the use of pesticides to
23treat tires except as prescribed by Board regulations.
24 (j) No person shall fail to comply with the terms of a tire
25removal agreement approved by the Agency pursuant to Section
2655.4.

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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 4 12 used or waste tires at the site are covered and
7 kept dry located at the site.
8 (2) Fail to collect a fee required under Section 55.8
9 of this Title.
10 (3) Fail to file a return required under Section 55.10
11 of this Title.
12 (4) Transport used or waste tires in violation of the
13 registration and vehicle placarding requirements adopted
14 by the Board.
15(Source: P.A. 98-656, eff. 6-19-14.)
16 (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
17 Sec. 55.6. Used Tire Management Fund.
18 (a) There is hereby created in the State Treasury a special
19fund to be known as the Used Tire Management Fund. There shall
20be deposited into the Fund all monies received as (1) recovered
21costs or proceeds from the sale of used tires under Section
2255.3 of this Act, (2) repayment of loans from the Used Tire
23Management Fund, or (3) penalties or punitive damages for
24violations of this Title, except as provided by subdivision
25(b)(4) or (b)(4-5) of Section 42.

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1 (b) Beginning January 1, 1992, in addition to any other
2fees required by law, the owner or operator of each site
3required to be registered or permitted under subsection (d) or
4(d-5) of Section 55 shall pay to the Agency an annual fee of
5$100. Fees collected under this subsection shall be deposited
6into the Environmental Protection Permit and Inspection Fund.
7 (c) Pursuant to appropriation, monies up to an amount of $4
8$2 million per fiscal year from the Used Tire Management Fund
9shall be allocated as follows:
10 (1) 38% shall be available to the Agency for the
11 following purposes, provided that priority shall be given
12 to item (i):
13 (i) To undertake preventive, corrective or removal
14 action as authorized by and in accordance with Section
15 55.3, and to recover costs in accordance with Section
16 55.3.
17 (ii) For the performance of inspection and
18 enforcement activities for used and waste tire sites.
19 (iii) To assist with marketing of used tires by
20 augmenting the operations of an industrial materials
21 exchange service.
22 (iv) To provide financial assistance to units of
23 local government for the performance of inspecting,
24 investigating and enforcement activities pursuant to
25 subsection (r) of Section 4 at used and waste tire
26 sites.

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1 (v) To provide financial assistance for used and
2 waste tire collection projects sponsored by local
3 government or not-for-profit corporations.
4 (vi) For the costs of fee collection and
5 administration relating to used and waste tires, and to
6 accomplish such other purposes as are authorized by
7 this Act and regulations thereunder.
8 (vii) To provide financial assistance to units of
9 local government and private industry for the purposes
10 of:
11 (A) assisting in the establishment of
12 facilities and programs to collect, process, and
13 utilize used and waste tires and tire-derived
14 materials;
15 (B) demonstrating the feasibility of
16 innovative technologies as a means of collecting,
17 storing, processing, and utilizing used and waste
18 tires and tire-derived materials; and
19 (C) applying demonstrated technologies as a
20 means of collecting, storing, processing, and
21 utilizing used and waste tires and tire-derived
22 materials.
23 (2) For fiscal years beginning prior to July 1, 2004,
24 23% shall be available to the Department of Commerce and
25 Economic Opportunity for the following purposes, provided
26 that priority shall be given to item (A):

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1 (A) To provide grants or loans for the purposes of:
2 (i) assisting units of local government and
3 private industry in the establishment of
4 facilities and programs to collect, process and
5 utilize used and waste tires and tire derived
6 materials;
7 (ii) demonstrating the feasibility of
8 innovative technologies as a means of collecting,
9 storing, processing and utilizing used and waste
10 tires and tire derived materials; and
11 (iii) applying demonstrated technologies as a
12 means of collecting, storing, processing, and
13 utilizing used and waste tires and tire derived
14 materials.
15 (B) To develop educational material for use by
16 officials and the public to better understand and
17 respond to the problems posed by used tires and
18 associated insects.
19 (C) (Blank).
20 (D) To perform such research as the Director deems
21 appropriate to help meet the purposes of this Act.
22 (E) To pay the costs of administration of its
23 activities authorized under this Act.
24 (2.1) For the fiscal year beginning July 1, 2004 and
25 for all fiscal years thereafter, 23% shall be deposited
26 into the General Revenue Fund.

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1 (3) 25% shall be available to the Illinois Department
2 of Public Health for the following purposes:
3 (A) To investigate threats or potential threats to
4 the public health related to mosquitoes and other
5 vectors of disease associated with the improper
6 storage, handling and disposal of tires, improper
7 waste disposal, or natural conditions.
8 (B) To conduct surveillance and monitoring
9 activities for mosquitoes and other arthropod vectors
10 of disease, and surveillance of animals which provide a
11 reservoir for disease-producing organisms.
12 (C) To conduct training activities to promote
13 vector control programs and integrated pest management
14 as defined in the Vector Control Act.
15 (D) To respond to inquiries, investigate
16 complaints, conduct evaluations and provide technical
17 consultation to help reduce or eliminate public health
18 hazards and nuisance conditions associated with
19 mosquitoes and other vectors.
20 (E) To provide financial assistance to units of
21 local government for training, investigation and
22 response to public nuisances associated with
23 mosquitoes and other vectors of disease.
24 (4) 2% shall be available to the Department of
25 Agriculture for its activities under the Illinois
26 Pesticide Act relating to used and waste tires.

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1 (5) 2% shall be available to the Pollution Control
2 Board for administration of its activities relating to used
3 and waste tires.
4 (6) 10% shall be available to the University of
5 Illinois Department of Natural Resources for the Prairie
6 Research Institute Illinois Natural History Survey to
7 perform research to study the biology, distribution,
8 population ecology, and biosystematics of tire-breeding
9 arthropods, especially mosquitoes, and the diseases they
10 spread.
11 (d) By January 1, 1998, and biennially thereafter, each
12State agency receiving an appropriation from the Used Tire
13Management Fund shall report to the Governor and the General
14Assembly on its activities relating to the Fund.
15 (e) Any monies appropriated from the Used Tire Management
16Fund, but not obligated, shall revert to the Fund.
17 (f) In administering the provisions of subdivisions (1),
18(2) and (3) of subsection (c) of this Section, the Agency, the
19Department of Commerce and Economic Opportunity, and the
20Illinois Department of Public Health shall ensure that
21appropriate funding assistance is provided to any municipality
22with a population over 1,000,000 or to any sanitary district
23which serves a population over 1,000,000.
24 (g) Pursuant to appropriation, monies in excess of $4 $2
25million per fiscal year from the Used Tire Management Fund
26shall be used as follows:

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1 (1) 55% shall be available to the Agency for the
2 following purposes, provided that priority shall be given
3 to subparagraph (A):
4 (A) To undertake preventive, corrective or renewed
5 action as authorized by and in accordance with Section
6 55.3 and to recover costs in accordance with Section
7 55.3.
8 (B) To provide financial assistance to units of
9 local government and private industry for the purposes
10 of:
11 (i) assisting in the establishment of
12 facilities and programs to collect, process, and
13 utilize used and waste tires and tire-derived
14 materials;
15 (ii) demonstrating the feasibility of
16 innovative technologies as a means of collecting,
17 storing, processing, and utilizing used and waste
18 tires and tire-derived materials; and
19 (iii) applying demonstrated technologies as a
20 means of collecting, storing, processing, and
21 utilizing used and waste tires and tire-derived
22 materials.
23 (C) To provide grants to public universities for
24 vector-related research, disease-related research, and
25 for related laboratory-based equipment and field-based
26 equipment.

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1 (2) For fiscal years beginning prior to July 1, 2004,
2 45% shall be available to the Department of Commerce and
3 Economic Opportunity to provide grants or loans for the
4 purposes of:
5 (i) assisting units of local government and
6 private industry in the establishment of facilities
7 and programs to collect, process and utilize waste
8 tires and tire derived material;
9 (ii) demonstrating the feasibility of innovative
10 technologies as a means of collecting, storing,
11 processing, and utilizing used and waste tires and tire
12 derived materials; and
13 (iii) applying demonstrated technologies as a
14 means of collecting, storing, processing, and
15 utilizing used and waste tires and tire derived
16 materials.
17 (3) For the fiscal year beginning July 1, 2004 and for
18 all fiscal years thereafter, 45% shall be deposited into
19 the General Revenue Fund.
20(Source: P.A. 98-656, eff. 6-19-14.)
21 (415 ILCS 5/55.6a)
22 Sec. 55.6a. Emergency Public Health Fund.
23 (a) Beginning on July 1, 2003, moneys in the Emergency
24Public Health Fund, subject to appropriation, shall be
25allocated annually as follows: (i) $300,000 $200,000 to the

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1University of Illinois Department of Natural Resources for the
2purposes described in Section 55.6(c)(6) and (ii) subject to
3subsection (b) of this Section, all remaining amounts to the
4Department of Public Health to be used to make vector control
5grants and surveillance grants to the Cook County Department of
6Public Health (for areas of the County excluding the City of
7Chicago), to the City of Chicago health department, and to
8other certified local health departments. These grants shall be
9used for expenses related to West Nile Virus and other
10vector-borne diseases. The amount of each grant shall be based
11on population and need as supported by information submitted to
12the Department of Public Health. For the purposes of this
13Section, need shall be determined by the Department based
14primarily upon surveillance data and the number of positive
15human cases of West Nile Virus and other vector-borne diseases
16occurring during the preceding year and current year in the
17county or municipality seeking the grant.
18 (b) Beginning on July 31, 2003, on the last day of each
19month, the State Comptroller shall order transferred and the
20State Treasurer shall transfer the fees collected in the
21previous month pursuant to item (1.5) of subsection (a) of
22Section 55.8 from the Emergency Public Health Fund to the
23Communications Revolving Fund. These transfers shall continue
24until the cumulative total of the transfers is $3,000,000.
25(Source: P.A. 93-32, eff. 6-20-03; 93-52, eff. 6-30-03.)
26 Section 99. Effective date. This Act takes effect upon

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