Bill Text: IL SB2671 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Environmental Protection Act. Provides that, on or before January 1, 2015, the owner or operator of each tire storage site that contains used tires totaling more than 10,000 passenger tire equivalents, or at which more than 500 tons of used tires are processed in a calendar year, shall submit documentation demonstrating its compliance with the Pollution Control Board rules adopted under the Act. Provides that, beginning July 1, 2016, no person shall cause or allow the operation of a tire storage site that contains used tires totaling more than 10,000 passenger tire equivalents, or at which more than 500 tons of used tires are processed in a calendar year, without a permit granted by the Illinois Environmental Protection Agency or in violation of any conditions imposed by that permit. Provides specified exemptions to the permit requirement. Requires the Agency to propose and the Board to adopt, revisions to the rules adopted under the Act that are necessary to conform those rules to the requirements of this amendatory Act of the 98th General Assembly. Provides that the State's Attorney or Attorney General, upon request of the Agency or upon his or her own motion, may institute a civil action for an immediate injunction to halt storage or processing of used tires at a site if a person who is required to comply with the financial assurance rules established by the Board fails to comply with those rules with respect to that tire storage site. Provides that specified monies in the Used Tire Management Fund shall be used to provide financial assistance to units of local government and private industry for specified purposes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-06-19 - Public Act . . . . . . . . . 98-0656 [SB2671 Detail]

Download: Illinois-2013-SB2671-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2671 Introduced 1/21/2014, by Sen. Michael W. Frerichs SYNOPSIS AS INTRODUCED:
415 ILCS 5/55 from Ch. 111 1/2, par. 1055
415 ILCS 5/55.1 from Ch. 111 1/2, par. 1055.1
415 ILCS 5/55.2 from Ch. 111 1/2, par. 1055.2
415 ILCS 5/55.3 from Ch. 111 1/2, par. 1055.3
415 ILCS 5/55.6 from Ch. 111 1/2, par. 1055.6
Amends the Environmental Protection Act. Provides that, on or before January 1, 2015, the owner or operator of each tire storage site that contains used tires totaling more than 10,000 passenger tire equivalents, or at which more than 500 tons of used tires are processed in a calendar year, shall submit documentation demonstrating its compliance with the Pollution Control Board rules adopted under the Act. Provides that, beginning July 1, 2016, no person shall cause or allow the operation of a tire storage site that contains used tires totaling more than 10,000 passenger tire equivalents, or at which more than 500 tons of used tires are processed in a calendar year, without a permit granted by the Illinois Environmental Protection Agency or in violation of any conditions imposed by that permit. Provides specified exemptions to the permit requirement. Requires the Agency to propose and the Board to adopt, revisions to the rules adopted under the Act that are necessary to conform those rules to the requirements of this amendatory Act of the 98th General Assembly. Provides that the State's Attorney or Attorney General, upon request of the Agency or upon his or her own motion, may institute a civil action for an immediate injunction to halt storage or processing of used tires at a site if a person who is required to comply with the financial assurance rules established by the Board fails to comply with those rules with respect to that tire storage site. Provides that specified monies in the Used Tire Management Fund shall be used to provide financial assistance to units of local government and private industry for specified purposes. Effective immediately.
LRB098 15831 MGM 50873 b
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Sections 55, 55.1, 55.2, 55.3, and 55.6 as follows:
(415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
Sec. 55. Prohibited activities.
(a) No person shall:
(1) Cause or allow the open dumping of any used or
waste tire.
(2) Cause or allow the open burning of any used or
waste tire.
(3) Except at a tire storage site which contains more
than 50 used tires, cause or allow the storage of any used
tire unless the tire is altered, reprocessed, converted,
covered, or otherwise prevented from accumulating water.
(4) Cause or allow the operation of a tire storage site
except in compliance with Board regulations.
(5) Abandon, dump or dispose of any used or waste tire
on private or public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(6) Fail to submit required reports, tire removal

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agreements, or Board regulations.
(b) (Blank.)
(b-1) Beginning January 1, 1995, no person shall knowingly
mix any used or waste tire, either whole or cut, with municipal
waste, and no owner or operator of a sanitary landfill shall
accept any used or waste tire for final disposal; except that
used or waste tires, when separated from other waste, may be
accepted if: (1) the sanitary landfill provides and maintains a
means for shredding, slitting, or chopping whole tires and so
treats whole tires and, if approved by the Agency in a permit
issued under this Act, uses the used or waste tires for
alternative uses, which may include on-site practices such as
lining of roadways with tire scraps, alternative daily cover,
or use in a leachate collection system or (2) the sanitary
landfill, by its notification to the Illinois Industrial
Materials Exchange Service, makes available the used or waste
tire to an appropriate facility for reuse, reprocessing, or
converting, including use as an alternate energy fuel. If,
within 30 days after notification to the Illinois Industrial
Materials Exchange Service of the availability of waste tires,
no specific request for the used or waste tires is received by
the sanitary landfill, and the sanitary landfill determines it
has no alternative use for those used or waste tires, the
sanitary landfill may dispose of slit, chopped, or shredded
used or waste tires in the sanitary landfill. In the event the
physical condition of a used or waste tire makes shredding,

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slitting, chopping, reuse, reprocessing, or other alternative
use of the used or waste tire impractical or infeasible, then
the sanitary landfill, after authorization by the Agency, may
accept the used or waste tire for disposal.
Sanitary landfills and facilities for reuse, reprocessing,
or converting, including use as alternative fuel, shall (i)
notify the Illinois Industrial Materials Exchange Service of
the availability of and demand for used or waste tires and (ii)
consult with the Department of Commerce and Economic
Opportunity regarding the status of marketing of waste tires to
facilities for reuse.
(c) Any person who sells new or used tires at retail or
operates a tire storage site or a tire disposal site which
contains more than 50 used or waste tires shall give notice of
such activity to the Agency. Any person engaging in such
activity for the first time after January 1, 1990, shall give
notice to the Agency within 30 days after the date of
commencement of the activity. The form of such notice shall be
specified by the Agency and shall be limited to information
regarding the following:
(1) the name and address of the owner and operator;
(2) the name, address and location of the operation;
(3) the type of operations involving used and waste
tires (storage, disposal, conversion or processing); and
(4) the number of used and waste tires present at the
location.

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(d) Beginning January 1, 1992, no person shall cause or
allow the operation of:
(1) a tire storage site which contains more than 50
used tires, unless the owner or operator, by January 1,
1992 (or the January 1 following commencement of operation,
whichever is later) and January 1 of each year thereafter,
(i) registers the site with the Agency, except that the
registration requirement in this item (i) does not apply in
the case of a tire storage site required to be permitted
under subsection (d-5), (ii) certifies to the Agency that
the site complies with any applicable standards adopted by
the Board pursuant to Section 55.2, (iii) reports to the
Agency the number of tires accumulated, the status of
vector controls, and the actions taken to handle and
process the tires, and (iv) pays the fee required under
subsection (b) of Section 55.6; or
(2) a tire disposal site, unless the owner or operator
(i) has received approval from the Agency after filing a
tire removal agreement pursuant to Section 55.4, or (ii)
has entered into a written agreement to participate in a
consensual removal action under Section 55.3.
The Agency shall provide written forms for the annual
registration and certification required under this subsection
(d).
(d-4) On or before January 1, 2015, the owner or operator
of each tire storage site that contains used tires totaling

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more than 10,000 passenger tire equivalents, or at which more
than 500 tons of used tires are processed in a calendar year,
shall submit documentation demonstrating its compliance with
Board rules adopted under this Title. This documentation must
be submitted on forms and in a format prescribed by the Agency.
(d-5) Beginning July 1, 2016, no person shall cause or
allow the operation of a tire storage site that contains used
tires totaling more than 10,000 passenger tire equivalents, or
at which more than 500 tons of used tires are processed in a
calendar year, without a permit granted by the Agency or in
violation of any conditions imposed by that permit, including
periodic reports and full access to adequate records and the
inspection of facilities, as may be necessary to ensure
compliance with this Act and with regulations and standards
adopted under this Act.
(e) No person shall cause or allow the storage, disposal,
treatment or processing of any used or waste tire in violation
of any regulation or standard adopted by the Board.
(f) No person shall arrange for the transportation of used
or waste tires away from the site of generation with a person
known to openly dump such tires.
(g) No person shall engage in any operation as a used or
waste tire transporter except in compliance with Board
regulations.
(h) No person shall cause or allow the combustion of any
used or waste tire in an enclosed device unless a permit has

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been issued by the Agency authorizing such combustion pursuant
to regulations adopted by the Board for the control of air
pollution and consistent with the provisions of Section 9.4 of
this Act.
(i) No person shall cause or allow the use of pesticides to
treat tires except as prescribed by Board regulations.
(j) No person shall fail to comply with the terms of a tire
removal agreement approved by the Agency pursuant to Section
55.4.
(k) No person shall:
(1) Cause or allow water to accumulate in used or waste
tires. The prohibition set forth in this paragraph (1) of
subsection (k) shall not apply to used or waste tires
located at a residential household, as long as not more
than 12 used or waste tires are located at the site.
(2) Fail to collect a fee required under Section 55.8
of this Title.
(3) Fail to file a return required under Section 55.10
of this Title.
(4) Transport used or waste tires in violation of the
registration and vehicle placarding requirements adopted
by the Board.
(Source: P.A. 96-737, eff. 8-25-09.)
(415 ILCS 5/55.1) (from Ch. 111 1/2, par. 1055.1)
Sec. 55.1.

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(a) The prohibitions set forth in subdivision (a)(3) of
Section 55 of this Act shall not apply to used tires:
(1) generated and located at a site as a result of the
growing and harvesting of agricultural crops or the raising
of animals, as long as not more than 20 used tires are
located at the site;
(2) located at a residential household, as long as not
more than 12 used tires are located at the site; or
(3) which were placed in service for recreational
purposes prior to January 1, 1990 at a school, park or
playground, provided that the used tires are altered by
January 1, 1992.
(b) The prohibitions set forth in subdivisions (a)(3),
(a)(4), (c), (d), (d-5), (e), (g), and (k)(4) of Section 55 of
this Act shall not apply to used or waste tires collected by a
not-for-profit corporation if:
(1) the collection location has been approved by the
applicable general purpose unit of local government;
(2) the collected tires are transported to a facility
permitted by the Agency to store, process or dispose of
used or waste tires within 7 days after collection; and
(3) the collection does not occur as a continuous
business operation.
(c) The prohibitions set forth in subdivisions (a)(3),
(a)(4), (c), (d), (d-5), (e), (g), and (k)(4) of Section 55 of

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this Act shall not apply to used or waste tires collected by
the State or a unit of local government, provided that:
(1) the collection is part of an established program to
take preventive or corrective action regarding such tires;
(2) any staging sites for handling such tires are
reasonably secure and regularly maintained in a safe
manner; and
(3) the Agency is notified in writing during January of
each calendar year regarding the location of the staging
sites, the number of such tires accumulated, the status of
vector controls, and actions taken to process such tires.
The Agency shall provide written confirmation to a State
agency or unit of local government regarding the applicability
of this subsection upon receipt of a written description of its
established program, and each January following receipt of the
annual report required under subdivision (c)(3) of this
subsection.
For purposes of determining the applicability of this
subsection, any municipality with a population over 1,000,000
may certify to the Agency by January 1, 1990 that it operates
an established program. Upon the filing of such a
certification, the established program shall be deemed to
satisfy the provisions of subdivisions (1) and (2) of this
subsection.
(d) The prohibitions set forth in subdivision (a)(5) of
Section 55 of this Act shall not apply to used tires that are

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generated and located at a permitted coal mining site after use
on specialized coal hauling and extraction vehicles.
(Source: P.A. 96-737, eff. 8-25-09.)
(415 ILCS 5/55.2) (from Ch. 111 1/2, par. 1055.2)
Sec. 55.2. (a) Not later than July 1, 1990, the Agency
shall propose regulations which prescribe standards for the
storage, disposal, processing and transportation of used and
waste tires.
(b) Not later than one year after the receipt of the
Agency's proposed regulations, the Board shall adopt, pursuant
to Sections 27 and 28 of this Act, regulations which are
consistent with the provisions of this Title. These regulations
shall, at a minimum, specify: recordkeeping and reporting
requirements; criteria for minimizing the danger of tire fires,
including dimensions for piling tires and minimum aisle
spacing; financial assurance criteria; and criteria for
distinguishing storage from disposal. In addition, such
regulations shall prohibit the use of pesticides as an ongoing
means of demonstrating compliance with this Title.
(b-5) Not later than 6 months after the effective date of
this amendatory Act of the 98th General Assembly, the Agency
shall propose, and, not later than 9 months after receipt of
the Agency's proposal, the Board shall adopt, revisions to the
rules adopted under this Title that are necessary to conform
those rules to the requirements of this Title, including, but

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not limited to, revisions to those rules that are necessary to
implement the changes made to this Act by this amendatory Act
of the 98th General Assembly.
(c) In adopting regulations under this Section, the Board
may impose different requirements for different categories of
used or waste tire storage, disposal, transport, and
processing.
(d) Nothing in this Section shall be construed as limiting
the general authority of the Board to promulgate regulations
pursuant to Title VII of this Act.
(Source: P.A. 86-452.)
(415 ILCS 5/55.3) (from Ch. 111 1/2, par. 1055.3)
Sec. 55.3. (a) Upon finding that an accumulation of used or
waste tires creates an immediate danger to health, the Agency
may take action pursuant to Section 34 of this Act.
(b) Upon making a finding that an accumulation of used or
waste tires creates a hazard posing a threat to public health
or the environment, the Agency may undertake preventive or
corrective action in accordance with this subsection. Such
preventive or corrective action may consist of any or all of
the following:
(1) Treating and handling used or waste tires and other
infested materials within the area for control of
mosquitoes and other disease vectors.
(2) Relocation of ignition sources and any used or

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waste tires within the area for control and prevention of
tire fires.
(3) Removal of used and waste tire accumulations from
the area.
(4) Removal of soil and water contamination related to
tire accumulations.
(5) Installation of devices to monitor and control
groundwater and surface water contamination related to
tire accumulations.
(6) Such other actions as may be authorized by Board
regulations.
(c) The Agency may, subject to the availability of
appropriated funds, undertake a consensual removal action for
the removal of up to 1,000 used or waste tires at no cost to the
owner according to the following requirements:
(1) Actions under this subsection shall be taken
pursuant to a written agreement between the Agency and the
owner of the tire accumulation.
(2) The written agreement shall at a minimum specify:
(i) that the owner relinquishes any claim of an
ownership interest in any tires that are removed, or in
any proceeds from their sale;
(ii) that tires will no longer be allowed to be
accumulated at the site;
(iii) that the owner will hold harmless the Agency
or any employee or contractor utilized by the Agency to

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effect the removal, for any damage to property incurred
during the course of action under this subsection,
except for gross negligence or intentional misconduct;
and
(iv) any conditions upon or assistance required
from the owner to assure that the tires are so located
or arranged as to facilitate their removal.
(3) The Agency may by rule establish conditions and
priorities for removal of used and waste tires under this
subsection.
(4) The Agency shall prescribe the form of written
agreements under this subsection.
(c-5) If a person who is required to comply with the
financial assurance rules established by the Board under
subsection (b) of Section 55.2 of this Act fails to comply with
those rules with respect to a tire storage site, then the
State's Attorney or Attorney General, upon request of the
Agency or upon his or her own motion, may institute a civil
action for an immediate injunction to halt storage or
processing of used tires at that site. The court may issue an
ex parte order and shall schedule a hearing on the matter not
later than 3 working days from the date of injunction.
(d) The Agency shall have authority to provide notice to
the owner or operator, or both, of a site where used or waste
tires are located and to the owner or operator, or both, of the
accumulation of tires at the site, whenever the Agency finds

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that the used or waste tires pose a threat to public health or
the environment, or that there is no owner or operator
proceeding in accordance with a tire removal agreement approved
under Section 55.4.
The notice provided by the Agency shall include the
identified preventive or corrective action, and shall provide
an opportunity for the owner or operator, or both, to perform
such action.
For sites with more than 250,000 passenger tire
equivalents, following the notice provided for by this
subsection (d), the Agency may enter into a written
reimbursement agreement with the owner or operator of the site.
The agreement shall provide a schedule for the owner or
operator to reimburse the Agency for costs incurred for
preventive or corrective action, which shall not exceed 5 years
in length. An owner or operator making payments under a written
reimbursement agreement pursuant to this subsection (d) shall
not be liable for punitive damages under subsection (h) of this
Section.
(e) In accordance with constitutional limitations, the
Agency shall have authority to enter at all reasonable times
upon any private or public property for the purpose of taking
whatever preventive or corrective action is necessary and
appropriate in accordance with the provisions of this Section,
including but not limited to removal, processing or treatment
of used or waste tires, whenever the Agency finds that used or

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waste tires pose a threat to public health or the environment.
(f) In undertaking preventive, corrective or consensual
removal action under this Section the Agency may consider use
of the following: rubber reuse alternatives, shredding or other
conversion through use of mobile or fixed facilities, energy
recovery through burning or incineration, and landfill
disposal. To the extent practicable, the Agency shall consult
with the Department of Commerce and Economic Opportunity
regarding the availability of alternatives to landfilling used
and waste tires, and shall make every reasonable effort to
coordinate tire cleanup projects with applicable programs that
relate to such alternative practices.
(g) Except as otherwise provided in this Section, the owner
or operator of any site or accumulation of used or waste tires
at which the Agency has undertaken corrective or preventive
action under this Section shall be liable for all costs thereof
incurred by the State of Illinois, including reasonable costs
of collection. Any monies received by the Agency hereunder
shall be deposited into the Used Tire Management Fund. The
Agency may in its discretion store, dispose of or convey the
tires that are removed from an area at which it has undertaken
a corrective, preventive or consensual removal action, and may
sell or store such tires and other items, including but not
limited to rims, that are removed from the area. The net
proceeds of any sale shall be credited against the liability
incurred by the owner or operator for the costs of any

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preventive or corrective action.
(h) Any person liable to the Agency for costs incurred
under subsection (g) of this Section may be liable to the State
of Illinois for punitive damages in an amount at least equal
to, and not more than 2 times, the costs incurred by the State
if such person failed without sufficient cause to take
preventive or corrective action pursuant to notice issued under
subsection (d) of this Section.
(i) There shall be no liability under subsection (g) of
this Section for a person otherwise liable who can establish by
a preponderance of the evidence that the hazard created by the
tires was caused solely by:
(1) an act of God;
(2) an act of war; or
(3) an act or omission of a third party other than an
employee or agent, and other than a person whose act or
omission occurs in connection with a contractual
relationship with the person otherwise liable.
For the purposes of this subsection, "contractual
relationship" includes, but is not limited to, land contracts,
deeds and other instruments transferring title or possession,
unless the real property upon which the accumulation is located
was acquired by the defendant after the disposal or placement
of used or waste tires on, in or at the property and one or more
of the following circumstances is also established by a
preponderance of the evidence:

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(A) at the time the defendant acquired the
property, the defendant did not know and had no reason
to know that any used or waste tires had been disposed
of or placed on, in or at the property, and the
defendant undertook, at the time of acquisition, all
appropriate inquiries into the previous ownership and
uses of the property consistent with good commercial or
customary practice in an effort to minimize liability;
(B) the defendant is a government entity which
acquired the property by escheat or through any other
involuntary transfer or acquisition, or through the
exercise of eminent domain authority by purchase or
condemnation; or
(C) the defendant acquired the property by
inheritance or bequest.
(j) Nothing in this Section shall affect or modify the
obligations or liability of any person under any other
provision of this Act, federal law, or State law, including the
common law, for injuries, damages or losses resulting from the
circumstances leading to Agency action under this Section.
(k) The costs and damages provided for in this Section may
be imposed by the Board in an action brought before the Board
in accordance with Title VIII of this Act, except that
subsection (c) of Section 33 of this Act shall not apply to any
such action.
(l) The Agency shall, when feasible, consult with the

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Department of Public Health prior to taking any action to
remove or treat an infested tire accumulation for control of
mosquitoes or other disease vectors. The Agency may by contract
or agreement secure the services of the Department of Public
Health, any local public health department, or any other
qualified person in treating any such infestation as part of an
emergency or preventive action.
(m) Neither the State, the Agency, the Board, the Director,
nor any State employee shall be liable for any damage or injury
arising out of or resulting from any action taken under this
Section.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
Sec. 55.6. Used Tire Management Fund.
(a) There is hereby created in the State Treasury a special
fund to be known as the Used Tire Management Fund. There shall
be deposited into the Fund all monies received as (1) recovered
costs or proceeds from the sale of used tires under Section
55.3 of this Act, (2) repayment of loans from the Used Tire
Management Fund, or (3) penalties or punitive damages for
violations of this Title, except as provided by subdivision
(b)(4) or (b)(4-5) of Section 42.
(b) Beginning January 1, 1992, in addition to any other
fees required by law, the owner or operator of each site
required to be registered or permitted under subsection (d) or

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(d-5) of Section 55 shall pay to the Agency an annual fee of
$100. Fees collected under this subsection shall be deposited
into the Environmental Protection Permit and Inspection Fund.
(c) Pursuant to appropriation, monies up to an amount of $2
million per fiscal year from the Used Tire Management Fund
shall be allocated as follows:
(1) 38% shall be available to the Agency for the
following purposes, provided that priority shall be given
to item (i):
(i) To undertake preventive, corrective or removal
action as authorized by and in accordance with Section
55.3, and to recover costs in accordance with Section
55.3.
(ii) For the performance of inspection and
enforcement activities for used and waste tire sites.
(iii) To assist with marketing of used tires by
augmenting the operations of an industrial materials
exchange service.
(iv) To provide financial assistance to units of
local government for the performance of inspecting,
investigating and enforcement activities pursuant to
subsection (r) of Section 4 at used and waste tire
sites.
(v) To provide financial assistance for used and
waste tire collection projects sponsored by local
government or not-for-profit corporations.

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(vi) For the costs of fee collection and
administration relating to used and waste tires, and to
accomplish such other purposes as are authorized by
this Act and regulations thereunder.
(vii) To provide financial assistance to units of
local government and private industry for the purposes
of:
(A) assisting in the establishment of
facilities and programs to collect, process, and
utilize used and waste tires and tire-derived
materials;
(B) demonstrating the feasibility of
innovative technologies as a means of collecting,
storing, processing, and utilizing used and waste
tires and tire-derived materials; and
(C) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire-derived
materials.
(2) For fiscal years beginning prior to July 1, 2004,
23% shall be available to the Department of Commerce and
Economic Opportunity for the following purposes, provided
that priority shall be given to item (A):
(A) To provide grants or loans for the purposes of:
(i) assisting units of local government and
private industry in the establishment of

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facilities and programs to collect, process and
utilize used and waste tires and tire derived
materials;
(ii) demonstrating the feasibility of
innovative technologies as a means of collecting,
storing, processing and utilizing used and waste
tires and tire derived materials; and
(iii) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire derived
materials.
(B) To develop educational material for use by
officials and the public to better understand and
respond to the problems posed by used tires and
associated insects.
(C) (Blank).
(D) To perform such research as the Director deems
appropriate to help meet the purposes of this Act.
(E) To pay the costs of administration of its
activities authorized under this Act.
(2.1) For the fiscal year beginning July 1, 2004 and
for all fiscal years thereafter, 23% shall be deposited
into the General Revenue Fund.
(3) 25% shall be available to the Illinois Department
of Public Health for the following purposes:
(A) To investigate threats or potential threats to

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the public health related to mosquitoes and other
vectors of disease associated with the improper
storage, handling and disposal of tires, improper
waste disposal, or natural conditions.
(B) To conduct surveillance and monitoring
activities for mosquitoes and other arthropod vectors
of disease, and surveillance of animals which provide a
reservoir for disease-producing organisms.
(C) To conduct training activities to promote
vector control programs and integrated pest management
as defined in the Vector Control Act.
(D) To respond to inquiries, investigate
complaints, conduct evaluations and provide technical
consultation to help reduce or eliminate public health
hazards and nuisance conditions associated with
mosquitoes and other vectors.
(E) To provide financial assistance to units of
local government for training, investigation and
response to public nuisances associated with
mosquitoes and other vectors of disease.
(4) 2% shall be available to the Department of
Agriculture for its activities under the Illinois
Pesticide Act relating to used and waste tires.
(5) 2% shall be available to the Pollution Control
Board for administration of its activities relating to used
and waste tires.

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(6) 10% shall be available to the Department of Natural
Resources for the Illinois Natural History Survey to
perform research to study the biology, distribution,
population ecology, and biosystematics of tire-breeding
arthropods, especially mosquitoes, and the diseases they
spread.
(d) By January 1, 1998, and biennially thereafter, each
State agency receiving an appropriation from the Used Tire
Management Fund shall report to the Governor and the General
Assembly on its activities relating to the Fund.
(e) Any monies appropriated from the Used Tire Management
Fund, but not obligated, shall revert to the Fund.
(f) In administering the provisions of subdivisions (1),
(2) and (3) of subsection (c) of this Section, the Agency, the
Department of Commerce and Economic Opportunity, and the
Illinois Department of Public Health shall ensure that
appropriate funding assistance is provided to any municipality
with a population over 1,000,000 or to any sanitary district
which serves a population over 1,000,000.
(g) Pursuant to appropriation, monies in excess of $2
million per fiscal year from the Used Tire Management Fund
shall be used as follows:
(1) 55% shall be available to the Agency for the
following purposes, provided that priority shall be given
to subparagraph (A):
(A) To to undertake preventive, corrective or

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renewed action as authorized by and in accordance with
Section 55.3 and to recover costs in accordance with
Section 55.3.
(B) To provide financial assistance to units of
local government and private industry for the purposes
of:
(i) assisting in the establishment of
facilities and programs to collect, process, and
utilize used and waste tires and tire-derived
materials;
(ii) demonstrating the feasibility of
innovative technologies as a means of collecting,
storing, processing, and utilizing used and waste
tires and tire-derived materials; and
(iii) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire-derived
materials.
(2) For fiscal years beginning prior to July 1, 2004,
45% shall be available to the Department of Commerce and
Economic Opportunity to provide grants or loans for the
purposes of:
(i) assisting units of local government and
private industry in the establishment of facilities
and programs to collect, process and utilize waste
tires and tire derived material;

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(ii) demonstrating the feasibility of innovative
technologies as a means of collecting, storing,
processing, and utilizing used and waste tires and tire
derived materials; and
(iii) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire derived
materials.
(3) For the fiscal year beginning July 1, 2004 and for
all fiscal years thereafter, 45% shall be deposited into
the General Revenue Fund.
(Source: P.A. 92-16, eff. 6-28-01; 93-839, eff. 7-30-04.)
Section 99. Effective date. This Act takes effect upon
becoming law.