By Eckels H.B. No. 1321
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the waste tire recycling program; providing for civil
1-3 penalties and injunctive relief.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter P, Chapter 361, Health and Safety
1-6 Code, is amended to read as follows:
1-7 SUBCHAPTER P. WASTE TIRE RECYCLING PROGRAM
1-8 Sec. 361.471. Definitions. In this subchapter:
1-9 (1) "Commission" means the Texas Water Commission or
1-10 its successor agencies.
1-11 (2) "Fund" means the waste tire recycling fund.
1-12 (3) "Green tire" means the casing form of a tire that
1-13 has not been cured and/or does not have a tread or marking of any
1-14 kind.
1-15 (4) <(2)> "Mobile tire shredder" means equipment
1-16 mounted on wheels or skid-mounted and hauled from place to place to
1-17 split, shred, or quarter used or scrap tires.
1-18 (5) <(3)> "Scrap tire" has the meaning assigned by
1-19 Section 361.112.
1-20 (6) <(4)> "Waste tire facility" means a facility
1-21 registered <permitted> by the commission <department> under Section
1-22 361.112 at which scrap tires are collected or deposited and
1-23 shredded to facilitate the future extraction of useful materials
2-1 Sec. 361.472. Waste Tire Recycling Fees. (a)(1) A
2-2 wholesale or retail tire dealer who sells or offers to sell new
2-3 tires not for resale shall collect at the time and place of sale a
2-4 waste tire recycling fee <of $2> for each new <automobile, van,
2-5 bus, truck, trailer, semitrailer, truck tractor and semitrailer
2-6 combination, or recreational vehicle> tire sold as follows:
2-7 (A) $2 for each tire with <that has> a rim
2-8 diameter equal to or greater than 12 inches but less than 19.5 <26>
2-9 inches; and
2-10 (B) $5 for each tire with a rim diameter equal
2-11 to or greater than 19.5 inches but less than 25 inches, for each
2-12 truck tire with a rim diameter of 17 inches, and for any other
2-13 truck tires as identified by the commission.
2-14 (2) The sale of a tire as original equipment in the
2-15 manufacture of new vehicles is a sale for resale.
2-16 (b) <A dealer required to collect a fee under this section
2-17 may retain 2-1/2 cents from each fee the dealer collects. A
2-18 dealer shall account for amounts retained under this subsection in
2-19 the manner prescribed by the comptroller.>
2-20 <(c)> A dealer required to collect a fee under this section:
2-21 (1) shall list as a separate item on an invoice a fee
2-22 due under this section; and
2-23 (2) except as provided by Subsection (c) <(d)>, on or
2-24 before the 20th day of the month following the end of each calendar
2-25 month and on a form and in the manner prescribed by the
3-1 (h) A person storing, using, or consuming a new tire in this
3-2 state is liable for the waste tire recycling fee as defined in this
3-3 section and is responsible for reporting and paying the fee to the
3-4 comptroller in the same manner as a person required to collect this
3-5 fee, as provided in Subsections (b)(2) and (c).
3-6 (i) A person storing, using, or consuming a new tire in this
3-7 state is not further liable for the waste tire recycling fee
3-8 imposed by Subsection (a) if the person pays the fee to a
3-9 wholesaler or retailer engaged in business in this state or another
3-10 person authorized by the comptroller to collect the fee and
3-11 receives from the wholesaler, retailer, or other person a
3-12 purchaser's receipt.
3-13 Sec. 361.473. Enforcement; Penalties. (a) A person who
3-14 does not file a report as provided by Section 361.472 or who
3-15 possesses a fee collected or payable under that section and who
3-16 does not remit the fee to the comptroller at the time and in the
3-17 manner required by that section and rules of the comptroller shall
3-18 pay a penalty of five percent of the amount of the fee due and
3-19 payable. If the person does not file the report or pay the fee
3-20 before the 30th day after the date on which the fee or report is
3-21 due, the person shall pay a penalty of an additional five percent
3-22 of the amount of the fee due and payable.
3-23 (b) Chapters 101 and 111 through 113, Tax Code, and Sections
3-24 153.006 and 153.007, Tax Code, apply to the administration,
3-25 payment, collection, and enforcement of fees under this section in
4-1 subchapter in an amount not to exceed six percent of the money
4-2 annually accruing to the fund; however, the registration fees
4-3 received under Section 361.472(d) shall be allocated to the
4-4 commission for its reasonable and necessary costs associated with
4-5 reviewing and issuing fixed and mobile processing applications and
4-6 storage site applications; and
4-7 (3) the comptroller's reasonable and necessary
4-8 administrative costs of performing the comptroller's duties under
4-9 this subchapter in an amount not to exceed two percent of the money
4-10 annually accruing to the fund.
4-11 (e) The fund may not be used to reimburse shredding of:
4-12 (1) innertubes;
4-13 (2) scrap rubber products;
4-14 (3) green tires;
4-15 (4) industrial solid waste, excluding waste tires; or
4-16 (5) oversized tires, as defined by commission rule.
4-17 (f) The commission may classify special authorization tires,
4-18 as defined by commission rule, as priority enforcement list tires.
4-19 (g) The fund shall maintain a balance of not less than
4-20 $500,000.
4-21 (h) If the commission has reason to believe that the fund
4-22 balance will fall below $500,000, the commission may:
4-23 (1) suspend the requirement to reimburse priority
4-24 enforcement list tires shredded in excess of the minimum percentage
4-25 identified in Section 361.477(b)(2)(B); or than 30 percent of those
5-1 tires were collected from scrap tire sites <dumps> listed on the
5-2 commission's <department's> priority enforcement list;
5-3 (3) on and after January 1, 1995, demonstrate to the
5-4 commission that shredded scrap tire pieces for which reimbursement
5-5 is sought were delivered to a person that either recycles or reuses
5-6 the shredded scrap tires or utilizes the shredded scrap tires for
5-7 energy recovery;
5-8 (4) provide any other information the commission
5-9 <department> determines is needed to accomplish the purposes of
5-10 this subchapter; <and>
5-11 (5) <(4)> demonstrate that energy recovery activities
5-12 are in compliance with applicable air emission control rules and
5-13 standards as adopted by the Texas Air Control Board; and
5-14 (6) provide financial assurance deemed adequate by the
5-15 commission, which assurance shall correspond to the payment
5-16 appropriate for the number of scrap tires the processor anticipates
5-17 shredding or the waste tire storage site owner or operator
5-18 anticipates accepting for storage in the next calendar month.
5-19 (c) A waste tire processor that in any month exceeds the <25
5-20 percent> minimum requirement of Subsection (b)(2) shall receive a
5-21 credit for the amount in excess of the requirement <25 percent>
5-22 that may be used to meet the minimum requirement during a later
5-23 month. The commission <board of health> by rule may prescribe the
5-24 method of applying credits accrued under this subsection.
5-25 preceding period of operation <five years>.
6-1 (c) A waste tire processor that receives payment under this
6-2 subchapter <Section 361.477> during any two-year <five-year> period
6-3 and that after evaluation is not certified by the commission
6-4 <department> under Subsection (b) as eligible for payment under
6-5 this subchapter <Section 361.477> may not receive payment under
6-6 this subchapter <that section> for the next two <five> years.
6-7 (d) The commission <board of health> by rule may establish a
6-8 procedure by which a waste tire processor can reestablish
6-9 eligibility for payment under this subchapter <Section 361.477>.
6-10 Sec. 361.479. Evidence of Financial Responsibility. (a) A
6-11 waste tire storage facility registered by the commission
6-12 <department> under Section 361.112 or a waste tire facility that
6-13 accepts shredded scrap tires for storage or for processing for
6-14 recycling, reuse, or energy recovery shall submit to the commission
6-15 <department> evidence of financial responsibility in an amount
6-16 adequate to assure proper cleanup and <or> closure of the facility.
6-17 (b) A facility subject to Subsection (a) shall submit to the
6-18 commission <department> an estimate of the total amount of shredded
6-19 scrap tires or scrap tire pieces measured by weighed tire that the
6-20 facility will store or process and the estimated cost, using that
6-21 total amount, of cleaning up and <or> closing the facility.
6-22 (c) The commission <department> shall evaluate and may amend
6-23 an estimate submitted under Subsection (b) and <by order> shall
6-24 determine for each facility the amount for which evidence of
6-25 corrective action for each violation and is liable for a civil
7-1 penalty of up to $25,000 and corrective action for each violation.
7-2 (b) The attorney general or the prosecuting attorney in the
7-3 county in which the alleged violation occurs may bring suit to
7-4 recover the civil penalty imposed under Subsection (a).
7-5 (c) The commission may bring suit to mandate the corrective
7-6 action required or recover administrative penalties imposed under
7-7 Subsection (a).
7-8 (d) An administrative or civil <A> penalty collected under
7-9 this section shall be deposited to the credit of the waste tire
7-10 recycling fund.
7-11 Sec. 361.484. Rules. The commission <board of health> may
7-12 adopt rules reasonably necessary to implement this subchapter.
7-13 Sec. 361.485. Report. Not later than February 1 of each
7-14 odd-numbered year, the commission <department> shall report to the
7-15 governor and the legislature on the administration of the program
7-16 established under this subchapter and its effectiveness in cleaning
7-17 up existing scrap tire dumps and in preventing new scrap tire
7-18 dumps.
7-19 Sec. 361.486. RECYCLING EFFORTS. (a) On and after
7-20 January 1, 1995, all new, amended, and renewal processing
7-21 registrations shall require the processor to identify those persons
7-22 that, by contract, will accept the processor's shredded scrap tire
7-23 pieces either to recycle or reuse the shredded scrap tires or to
7-24 utilize the shredded scrap tires for energy recovery. The tires.
7-25 Sec. 361.489. IMMEDIATE REMOVAL AND REMEDIAL ACTION BY THE
8-1 COMMISSION. (a) If after investigation the commission finds that
8-2 there exists a situation caused by the illegal dumping of scrap
8-3 tires that is causing or may cause imminent and substantial
8-4 endangerment to the public health and safety or the environment and
8-5 that the immediacy of the situation makes it prejudicial to the
8-6 public interest to delay action until an administrative order can
8-7 be issued to potentially responsible parties or until a judgment
8-8 can be entered in an appeal of an administrative order, the
8-9 commission may, with the funds available to the commission from the
8-10 waste tire recycling fund, undertake immediate remediation of the
8-11 site.
8-12 (b) If a person ordered to eliminate an imminent and
8-13 substantial danger to the public health and safety or the
8-14 environment has failed to do so within the time limits specified in
8-15 the order or any extension of time approved by the commission, the
8-16 commission may implement a remedial program for the site.
8-17 (c) The commission may recover against all responsible
8-18 parties reasonable expenses for undertaking immediate removal under
8-19 Subsection (a) or for implementing a remedial action order under
8-20 Subsection (b).
8-21 (d) The commission shall file the cost recovery action no
8-22 later than one year after immediate-removal or remedial-action
8-23 measures are completed. responsible for their actions.
8-24 (c) Whenever it appears that a person has violated or is
8-25 violating or is threatening to violate any provision of this
9-1 subchapter or any rule, permit, or order of the commission, the
9-2 executive director may have a civil suit instituted in district
9-3 court for injunctive relief to restrain the person from continuing
9-4 the violation or threat of violation.
9-5 Sec. 361.491. NEW TIRE WHOLESALERS AND RETAILERS. Any
9-6 person selling new tires as described in Section 361.472(a) shall
9-7 accept from customers, without charge, used scrap tires of the type
9-8 and in a quantity at least equal to the number of new tires
9-9 purchased, if offered by customers.
9-10 SECTION 2. The importance of this legislation and the
9-11 crowded condition of the calendars in both houses create an
9-12 emergency and an imperative public necessity that the
9-13 constitutional rule requiring bills to be read on three several
9-14 days in each house be suspended, and this rule is hereby suspended,
9-15 and that this Act take effect and be in force from and after its
9-16 passage, and it is so enacted.