Illinois Compiled Statutes 415 ILCS 5 Environmental Protection Act. Section 55.6

    (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 (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.

            (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 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 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.

        (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 undertake preventive, corrective or

        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;

            (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. 98-656, eff. 6-19-14.)

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Last modified: February 18, 2015