Illinois is recognized nationally as a leader in the management of used and waste tires. The Illinois EPA's role in the management of used and waste tires in Illinois is two phased. First, the Agency acts as a regulatory agency. Illinois EPA regulates the generators, transporters, processors, and end users of waste tires to ensure all are operating in compliance with applicable statutes and regulations. Second, the Illinois EPA operates a cleanup program to remove waste tires from public and abandoned dump sites. Both programs have been effective due in part to the dedicated funding the legislature has provided through the $2.50 per tire user fee collected from retail customers.
Illinois EPA's Used Tire Program's Two Main Components
All facilities that handle used tires must comply with Title XIV of the Environmental Protection Act and the regulations governing used tire management standards found in 35 Ill. Adm. Code Part 848.
- All tire retailers in Illinois must submit a one-time Used Tire Notification to the Illinois EPA.
- If a retailer is also a used tire storage site, they must submit an annual Used Tire Notification and Registration. The definition of Tire Storage Site can be found in the requirements for storage exemptions for tire retailers.
- Illinois tire retailers must collect a $2.50 per tire user fee from retail tire customers. This fee must be stated as a separate line item on the invoice, apart from the selling price of the tire. The user fee does NOT cover the disposal cost associated with the used tires generated at the retailer location. Therefore, the retailer may assess a separate disposal charge for each used tire accepted.
- This fee must be submitted to the Illinois Dept. of Revenue in the form of a quarterly tax return (ST-8 Form) less a collection allowance of 10 cents per tire to be retained by the retailer. The user fee will be deposited into the Used Tire Management Fund which is the funding source of the State of Illinois Used Tire Management Program. Several state agencies (i.e. Illinois EPA, IL Dept. of Public Health) receive money from the Used Tire Management Fund to operate their respective programs related to used tires.
- The tire retailer must accept for recycling used tires from customers, at the point of transfer, in a quantity equal to the number of new tires purchased.
- The tire retailer must post, in a conspicuous place, a written notice at least 8.5 by 11 inches in size that includes the universal recycling symbol and the following statements: "DO NOT put used tires in the trash Recycle your used tires"; and "State law requires us to accept used tires for recycling in exchange for new tires purchased."
- A retailer who accepts used tires for recycling shall not allow the tires to accumulate for a period of greater than 90 days.
- As a service to tire retailers, the Illinois EPA provides a list of registered commercial used tire transporters and registered commercial used tire processors.
- Any person who transports more than 20 used tires in Illinois must register the vehicle(s) with the Illinois EPA and display a placard on each registered vehicle.
All used tire storage facilities and used tire processors must file an annual Used Tire Notification and Registration Form with the Illinois EPA.
- Although it is the least common, the most important activity carried out by the Used Tire Program is forced tire removals. The Illinois EPA has authority under section 55.3. of the Environmental Protection Act to undertake appropriate preventive or corrective actions when an accumulation of used tires presents a threat to the environment or public health.
- If the responsible (liable) party does not undertake the preventative/corrective actions outlined in a notice issued pursuant to Section 55.3.d of the Environmental Protection Act, then the Illinois EPA will conduct a removal action and recover costs associated with the cleanup, as well as punitive damages up to twice the cost of the cleanup.
Units of Local Government
The Used Tire Program conducts waste tire removal actions for units of local government (ULG) throughout Illinois. These removal actions are designed to assist ULGs with the proper disposal of waste tires that are illegally dumped on public or abandoned properties. The Illinois EPA also works with the ULGs to ensure that actions are taken on the local level to prevent and enforce against the illegal dumping of used and waste tires in their jurisdiction. These removal actions are conducted by request from the ULG and are an integral part of the Illinois EPA’s Used/Waste Tire Cleanup Program.