Chapter 415 — ENVIRONMENTAL SAFETY

(415 ILCS 5/52.3-1) Sec. 52.3-1. Findings; purpose. (a) The General Assembly finds that: (1) During the last decade, considerable expertise in pollution prevention, sophisticated emissions monitoring and tracking techniques, compliance auditing methods, stakeholder involvement, a…

(415 ILCS 5/52.3-10) Sec. 52.3-10. Effect of amendatory Act of the 96th General Assembly. Nothing contained in this amendatory Act of the 96th General Assembly shall remove any liability for any operation, site, or facility operating without any required legal permit or authoriza…

(415 ILCS 5/52.3-2) Sec. 52.3-2. Agency authority; scope of agreement. (a) The Agency may enter into an initial Environmental Management System Agreement with any person regulated under this Act to implement innovative environmental measures that relate to or involve provisions o…

(415 ILCS 5/52.3-3) Sec. 52.3-3. Effect of Environmental Management System Agreements. (a) An Environmental Management System Agreement shall operate in lieu of all applicable requirements under Illinois and federal environmental statutes, regulations, and existing permits that a…

(415 ILCS 5/52.3-4) Sec. 52.3-4. Performance assurance. (a) The Agency shall ensure that each Environmental Management System Agreement contains appropriate provisions for performance assurance. Those provisions may specify types of performance guarantees to be provided by the pa…

(415 ILCS 5/52.3-5) Sec. 52.3-5. Effect of amendatory Act of the 96th General Assembly. Nothing contained in this amendatory Act of the 96th General Assembly shall remove any liability for any operation, site, or facility operating without any required legal permit or authorizati…

(415 ILCS 5/52.5) Sec. 52.5. Microbead-free waters. (a) As used in this Section: "Over the counter drug" means a drug that is a personal care product that contains a label that identifies the product as a drug as required by 21 CFR 201.66. An "over the counter drug" label include…

(415 ILCS 5/53) (from Ch. 111 1/2, par. 1053) Sec. 53. (a) The General Assembly finds: (1) that used and waste tires constitute a growing solid waste problem of considerable magnitude that is exacerbated by the fact that tires do not readily degrade or decompose; (2) that the acc…

(415 ILCS 5/54) (from Ch. 111 1/2, par. 1054) Sec. 54. For the purposes of this Title, except as the context otherwise clearly requires, the words and terms defined in the Sections which follow this Section and precede Section 55 shall have the meanings given therein. Words and t…

(415 ILCS 5/54.01) (from Ch. 111 1/2, par. 1054.01) Sec. 54.01. "Altered tire" means a used tire which has been altered so that it is no longer capable of holding accumulations of water, including, but not limited to, used tires that have been shredded, chopped, drilled with hole…

(415 ILCS 5/54.02) (from Ch. 111 1/2, par. 1054.02) Sec. 54.02. "Converted tire" means a used tire which has been manufactured into a usable commodity other than a tire. "Conversion" or "converting" means action which produces a converted tire. Usable products manufactured from t…

(415 ILCS 5/54.03) (from Ch. 111 1/2, par. 1054.03) Sec. 54.03. "Covered tire" means a used tire located in a building, vehicle or facility with a roof extending over the tire, or securely located under a material so as to preclude exposure to precipitation. (Source: P.A. 86-452.…

(415 ILCS 5/54.04) (from Ch. 111 1/2, par. 1054.04) Sec. 54.04. "Disposal" means the placement of used tires into or on any land or water except as an integral part of systematic reuse or conversion in the regular course of business. (Source: P.A. 86-452.)

(415 ILCS 5/54.05) (from Ch. 111 1/2, par. 1054.05) Sec. 54.05. "New tire" means a tire which has never been placed on a vehicle wheel rim. (Source: P.A. 86-452.)

(415 ILCS 5/54.06) (from Ch. 111 1/2, par. 1054.06) Sec. 54.06. "Processing" means the altering, converting or reprocessing of used or waste tires. (Source: P.A. 86-452.)

(415 ILCS 5/54.06a) Sec. 54.06a. "Recyclable tire" means a used tire which is free of permanent physical damage and maintains sufficient tread depth to allow its use through resale or repairing. (Source: P.A. 89-200, eff. 1-1-96.)

(415 ILCS 5/54.07) (from Ch. 111 1/2, par. 1054.07) Sec. 54.07. "Reprocessed tire" means a used tire which has been recapped, retreaded or regrooved and which has not been placed on a vehicle wheel rim. (Source: P.A. 86-452.)

(415 ILCS 5/54.08) (from Ch. 111 1/2, par. 1054.08) Sec. 54.08. "Reused tire" means a used tire that is used again, in part or as a whole, by being employed in a particular function or application as an effective substitute for a commercial product or fuel without having been con…

(415 ILCS 5/54.09) (from Ch. 111 1/2, par. 1054.09) Sec. 54.09. "Storage" means any accumulation of used tires that does not constitute disposal. At a minimum, such an accumulation must be an integral part of the systematic alteration, reuse, reprocessing or conversion of the tir…

(415 ILCS 5/54.10) (from Ch. 111 1/2, par. 1054.10) Sec. 54.10. "Tire" means a hollow ring, made of rubber or similar materials, which was manufactured for the purpose of being placed on the wheel rim of a vehicle. (Source: P.A. 86-452.)

(415 ILCS 5/54.10a) Sec. 54.10a. "Tire carcass" means the internal part of a used tire containing the plies, beads, and belts suitable for retread or remanufacture. (Source: P.A. 89-200, eff. 1-1-96.)

(415 ILCS 5/54.10b) Sec. 54.10b. "Tire derived fuel" means a product made from used tires to exact specifications of a system designed to accept a tire derived fuel as a primary or supplemental fuel source. (Source: P.A. 89-200, eff. 1-1-96.)

(415 ILCS 5/54.11) (from Ch. 111 1/2, par. 1054.11) Sec. 54.11. "Tire disposal site" means a site where used tires have been disposed of other than a sanitary landfill permitted by the Agency. (Source: P.A. 86-452.)

(415 ILCS 5/54.11a) Sec. 54.11a. "Tire retreader" means a person or firm that retreads or remanufactures tires. (Source: P.A. 89-200, eff. 1-1-96.)

(415 ILCS 5/54.12) (from Ch. 111 1/2, par. 1054.12) Sec. 54.12. "Tire storage site" means a site where used tires are stored or processed, other than (1) the site at which the tires were separated from the vehicle wheel rim, (2) the site where the used tires were accepted in trad…

(415 ILCS 5/54.12a) Sec. 54.12a. "Tire storage unit" means a pile of tires or a group of piles of tires at a storage site. (Source: P.A. 89-200, eff. 1-1-96.)

(415 ILCS 5/54.12b) Sec. 54.12b. "Tire transporter" means a person who transports used or waste tires in a vehicle. (Source: P.A. 89-200, eff. 1-1-96.)

(415 ILCS 5/54.13) (from Ch. 111 1/2, par. 1054.13) Sec. 54.13. "Used tire" means a worn, damaged, or defective tire that is not mounted on a vehicle. (Source: P.A. 92-24, eff. 7-1-01.)

(415 ILCS 5/54.14) (from Ch. 111 1/2, par. 1054.14) Sec. 54.14. "Vector" means arthropods, rats, mice, birds or other animals capable of carrying disease-producing organisms to a human or animal host. "Vector" does not include animals that transmit disease to humans only when use…

(415 ILCS 5/54.15) (from Ch. 111 1/2, par. 1054.15) Sec. 54.15. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn, except devices moved by human power or by animal power, devices used exclusively upon stationary rails or tr…

(415 ILCS 5/54.16) (from Ch. 111 1/2, par. 1054.16) Sec. 54.16. "Waste tire" means a used tire that has been disposed of. (Source: P.A. 86-452.)

(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 t…

(415 ILCS 5/55.1) (from Ch. 111 1/2, par. 1055.1) Sec. 55.1. (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 ra…

(415 ILCS 5/55.10) (from Ch. 111 1/2, par. 1055.10) Sec. 55.10. Tax returns by retailer. (a) Except as otherwise provided in this Section, for returns due on or before January 31, 2010, each retailer of tires maintaining a place of business in this State shall make a return to th…

(415 ILCS 5/55.11) (from Ch. 111 1/2, par. 1055.11) Sec. 55.11. Application of Retailers' Occupation Tax provisions. All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 13 1/2 of the Retailers' Occupation Tax Act, which are…

(415 ILCS 5/55.12) (from Ch. 111 1/2, par. 1055.12) Sec. 55.12. Review under Administrative Review Law. The circuit court of any county wherein a hearing is held shall have the power to review all final administrative decisions of the Department of Revenue in administering the fe…

(415 ILCS 5/55.13) (from Ch. 111 1/2, par. 1055.13) Sec. 55.13. Rules, etc. The Department of Revenue may adopt and enforce such reasonable rules and regulations relating to the administration and enforcement of the fee imposed by Section 55.8 of this Act as may be deemed expedie…

(415 ILCS 5/55.14) (from Ch. 111 1/2, par. 1055.14) Sec. 55.14. Administrative procedures. The Illinois Administrative Procedure Act is hereby expressly adopted and shall apply to all administrative rules and procedures of the Department of Revenue under this Act, except that: (1…

(415 ILCS 5/55.15) (from Ch. 111 1/2, par. 1055.15) Sec. 55.15. Violations. (a) Any retailer who fails to make a return, or who makes a fraudulent return, or who willfully violates any rule or regulation of the Department of Revenue for the administration and enforcement of the f…

(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 rec…

(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 o…

(415 ILCS 5/55.4) (from Ch. 111 1/2, par. 1055.4) Sec. 55.4. (a) The owner or operator of a tire disposal site required to file and receive approval of a tire removal agreement under subsection (d) of Section 55 shall remove used or waste tires from the site in a manner that: (1)…

(415 ILCS 5/55.5) (from Ch. 111 1/2, par. 1055.5) Sec. 55.5. (a) The Agency shall investigate alleged violations of this Title XIV, or of any regulation promulgated hereunder, or of any approval granted by the Agency, and may cause such other investigations to be made as it may d…

(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…

(415 ILCS 5/55.6a) Sec. 55.6a. Emergency Public Health Fund. (a) Moneys in the Emergency Public Health Fund, subject to appropriation, shall be allocated annually as follows: (i) $300,000 to the University of Illinois for the purposes described in Section 55.6(c)(6) and (ii) subj…

(415 ILCS 5/55.7) (from Ch. 111 1/2, par. 1055.7) Sec. 55.7. The Agency may adopt regulations as necessary for the administration of the grant and loan programs funded from the Used Tire Management Fund, including but not limited to procedures and criteria for applying for, evalu…

(415 ILCS 5/55.7a) Sec. 55.7a. (Repealed). (Source: P.A. 87-727. Repealed by P.A. 99-933, eff. 1-27-17.)

(415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8) Sec. 55.8. Tire retailers. (a) Any person selling new or used tires at retail or offering new or used tires for retail sale in this State shall: (1) beginning on June 20, 2003 (the effective date of Public Act 93-32), collect from…

(415 ILCS 5/55.9) (from Ch. 111 1/2, par. 1055.9) Sec. 55.9. Collection of fee. Retailers shall collect the fee from the purchaser by adding the fee to the selling price of the tire. The fee imposed by Section 55.8 shall be stated as a distinct item separate and apart from the se…

(415 ILCS 5/56) (from Ch. 111 1/2, par. 1056) Sec. 56. (a) The General Assembly finds: (1) that potentially infectious medical waste, if not handled properly, may constitute an environmental or public health problem. (2) that potentially infectious medical waste, if not handled p…