Current through Register Vol. 48, No. 38, September 20, 2024
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 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.
