USED AND WASTE TIRES REMOVAL PRIORITY LIST

SUBPART A: GENERAL

Section

861.100

Purpose

861.110

Application

861.120

Definitions

SUBPART B: PRIORITY FACTORS

Section

861.200

Sites Eligible for Counsensual Removal Action

861.210

Determining Priority for Removal of Used and Waste Tires

AUTHORITY

: Implementing and authorized by Section 55.3(c) of the Environmental

Protection Act (Ill. Rev. Stat. 1989, ch. 111 1/2, par. 1055.3(c)).

SOURCE

: Adopted at 14 Ill. Reg. 19036, effective November 13, 1990.

Section 861.100 Purpose

The purpose of the Used and Waste Tire Removal Priority List (TPL) is to identify

factors for establishing the priority of sites for Consensual Removal Actions under

Section 55.3(c) of the Illinois Environmental Protection Act ("Act") (Ill. Rev. Stat.

1989, ch. 111 1/2, par. 1055.3(c)).

Section 861.110 Application

The TPL applies to the removal of used and waste tires under the Consensual Removal

Action provisions of Section 55.3(c) of the Act.

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Section 861.120 Definitions

Unless the context otherwise clearly requires, words and terms used herein shall have

the meanings set forth in Sections 54.01 through Section 54.16 of the Act. Words and

terms not defined in those sections shall have the meanings otherwise set forth in Title I

of the Act.

Section 861.200 Sites Eligible for Consensual Removal Action

a) A site shall be eligible for a Consensual Removal Action to be

performed by the State to remove used or waste tires from the site at no

cost to the owner only if all the following requirements are met:

1) No more than 500 used or waste tires are accumulated at the site;

2) The owner of the tire accumulation pile is willing to voluntarily

enter a written agreement with the Agency on Form Number IL

532 1914, and

3) The owner of the site authorized and consents to entry upon the

property by the Agency or authorized representatives or

contractors to remove used or waste tires.

b) The requirements of subsection (a)(1) shall be met by a site at which

more than 500 used or waste tires are accumulated if the site owner has

entered a Tire Removal Agreement with the Agency pursuant to Section

55.4 of the Act and has removed used or waste tires from the site in

accordance with the Tire Removal Agreement such that no more than

500 used or waste tires remain at the site.

Section 861.210 Determining Priority for Removal of Used and Waste Tires

a) The Agency shall identify, from the categories provided in this Section,

the priority classification of sites at which the Agency intends to perform

a Consensual Removal Action. The Agency shall include a site within a

category only if the site is eligible for Consensual Removal Action under

Section 861.200.

1) "Environmental/Health Hazard Sites." A site shall be included

within this category if the accumulation of used and waste tires at

the site poses a threat to human health or the environment or a

significant and immediate risk of creating such a hazard. Sites in

this category shall have the highest priority for Agency action.

2) "Non-Commercial Sites." A site shall be included within this

category if the site is not an Environmental/Health Hazard Site

under subsection (a)(1) and the site is not a Commercial Site

under subsection (a)(3). Sites in this category shall have the

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second highest priority for Agency action after

Environmental/Health Hazard Sites; except that, it shall not be

necessary for the Agency to take Consensual Removal Actions at

all Environmental/Health Hazard Sites before taking Consensual

Removal Action at the sites in this category.

3) "Commercial Sites." A site shall be included within this category

if the used or waste tires were accumulated as a normal course of

business. Such sites shall include, but are not limited to the

following:

A) Commercial tire retail facilities;

B) Salvage and scrap yards;

C) Trucking terminals; and

D) Fleet vehicle repair and service facilities. The Agency

shall use State funds to perform Consunsual Removal

Actions at sites in this category only if State funds are

sufficient to perform Consensual Removal Actions at

those sites designated for action in the

Environmental/Health Hazard Site and Non-Commercial

Site categories.

b) Annually in July, the Agency shall publish a TPL arranged by the

categories provided in this Section. Within each category, the Agency

shall determine the order in which sites shall be the subject of a

Consensual Removal Action. The Agency shall consider the following

factors in determining the order for the sites:

1) Whether removal action has been requested by the Illinois

Department of Public Health or a local public health agency.

2) The number of persons residing, working or engaged in

recreational activities within one-quarter mile of the site.

3) The type of removal action required and number of tires on a

site.

4) Whether access to the site by members of the general public is

restricted by a fence or other barrier.

5) Whether the tires were placed on the site without the owner's

knowledge.

6) Whether the owner received compensation from other persons to

accept the tires.

7) Whether the owner has the capability to undertake or finance the

removal action.

8) Other factors relating to the site, including but not limited to

whether State resources are available to perform the removal

action, pending enforcement actions.

c) As of each January 1, where listed sites are not ready to proceed with

remedial action, the Agency shall proceed down the list in order of

priority to other sites which are ready to proceed.