73R11472 JJT-D
By Parker, Shelley S.B. No. 471
Substitute the following for S.B. No. 471:
By Saunders C.S.S.B. No. 471
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the waste tire recycling program; providing an
1-3 administrative penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 361.471 and 361.472, Health and Safety
1-6 Code, are amended to read as follows:
1-7 Sec. 361.471. Definitions. In this subchapter:
1-8 (1) "Fund" means the waste tire recycling fund.
1-9 (2) "Green tire" means the casing form of a tire that
1-10 has not been cured or does not have a tread or marking of any kind.
1-11 (3) "Manufacturer reject tire" means a tire rendered
1-12 defective in the manufacturing process, whether the tire is
1-13 determined to be defective before or after consumer purchase.
1-14 (4) "Mobile tire shredder" means equipment mounted on
1-15 wheels or skid-mounted and hauled from place to place to split,
1-16 shred, or quarter used or scrap tires.
1-17 (5) <(3)> "Scrap tire" has the meaning assigned by
1-18 Section 361.112.
1-19 (6) <(4)> "Waste tire facility" means a facility
1-20 registered <permitted> by the commission <department> under Section
1-21 361.477 <361.112> at which scrap tires are collected <or deposited>
1-22 and shredded to facilitate the future extraction of useful
1-23 materials for recycling, reuse, or energy recovery and are stored
1-24 in a waste tire storage facility or a facility that recycles,
2-1 reuses, or recovers the energy from the shredded tire pieces.
2-2 (7) <(5)> "Waste tire processor" means:
2-3 (A) a waste tire facility; or
2-4 (B) a mobile tire shredder that splits, shreds,
2-5 or quarters tires and deposits the split, shredded, or quartered
2-6 tires for eventual recycling, reuse, or energy recovery at:
2-7 (i) a waste tire storage facility
2-8 registered by the commission <department> under Section 361.112; or
2-9 (ii) a waste tire facility.
2-10 (8) "Waste tire storage facility" means a facility
2-11 registered by the commission under Section 361.477 at which whole
2-12 used or scrap tires or shredded tire pieces are collected and
2-13 stored to facilitate the future extraction of useful material for
2-14 recycling, reuse, or recovery. The term does not include a marine
2-15 dock, rail yard, or trucking facility used to store tires that are
2-16 awaiting shipment to a person for recycling, reuse, or energy
2-17 recovery for 30 days or less.
2-18 (9) <(6)> "Waste tire transporter" means a person who
2-19 collects and transports used or scrap tires or scrap tire pieces
2-20 for storage or disposal.
2-21 (10) <(7)> "Weighed tire" means a unit of weight for
2-22 shredded scrap tires that is equal to 18.7 pounds.
2-23 Sec. 361.472. Waste Tire Recycling Fees. (a) A wholesale
2-24 or retail tire dealer who sells or offers to sell new tires not for
2-25 resale shall collect at the time and place of sale a waste tire
2-26 recycling fee <of $2> for each new <automobile, van, bus, truck,
2-27 trailer, semitrailer, truck tractor and semitrailer combination, or
3-1 recreational vehicle> tire sold as follows:
3-2 (1) $2 for each tire that has a rim diameter of <equal
3-3 to or greater than> 12 inches or more but less than 25 <26> inches;
3-4 and
3-5 (2) $2 for a motorcycle tire, regardless of the rim
3-6 diameter.
3-7 (b) The sale of a tire as original equipment in the
3-8 manufacture of a new vehicle is a sale for resale.
3-9 (c) A fee may not be assessed for a bicycle tire.
3-10 (d) <A dealer required to collect a fee under this section
3-11 may retain 2 1/2 cents from each fee the dealer collects. A
3-12 dealer shall account for amounts retained under this subsection in
3-13 the manner prescribed by the comptroller.>
3-14 <(c)> A dealer required to collect a fee under this section:
3-15 (1) shall list as a separate item on an invoice a fee
3-16 due under this section; and
3-17 (2) except as provided by Subsection (e) <(d)>, on or
3-18 before the 20th day of the month following the end of each calendar
3-19 month and on a form and in the manner prescribed by the
3-20 comptroller, shall file a report with and shall remit to the
3-21 comptroller the amount of fees collected during the preceding
3-22 calendar month.
3-23 (e) <(d)> A person required to collect a fee under this
3-24 section who collects less than $50 for a calendar month or less
3-25 than $150 for a calendar quarter is not required to file a monthly
3-26 report but shall file a quarterly report with and make a quarterly
3-27 remittance to the comptroller. The quarterly report and remittance
4-1 shall include fees collected during the preceding calendar quarter.
4-2 The report and remittance are due not later than the 20th day of
4-3 the month following the end of the calendar quarter.
4-4 (f) <(e)> An invoice or other record required by this
4-5 section or rules of the comptroller must be maintained for at least
4-6 four years after the date on which the invoice or record is
4-7 prepared and be open for inspection by the comptroller at all
4-8 reasonable times.
4-9 (g) <(f)> The comptroller shall adopt rules necessary for
4-10 the administration, collection, reporting, and payment of the fees
4-11 payable or collected under this section.
4-12 (h) A waste tire recycling fee is imposed on the storage,
4-13 use, or consumption in this state of a new tire at the same rate as
4-14 provided by Subsection (a), except when purchased for the purpose
4-15 of resale.
4-16 (i) A person storing, using, or consuming a new tire in this
4-17 state is liable for the waste tire recycling fee as defined in this
4-18 section and is responsible for reporting and paying the fee to the
4-19 comptroller in the same manner as a person required to collect this
4-20 fee, as provided in Subsections (d)(2) and (e).
4-21 (j) A person storing, using, or consuming a new tire in this
4-22 state is not further liable for the waste tire recycling fee
4-23 imposed by Subsection (a) if the person pays the fee to a
4-24 wholesaler or retailer engaged in business in this state or another
4-25 person authorized by the comptroller to collect the fee and
4-26 receives from the wholesaler, retailer, or other person a
4-27 purchaser's receipt.
5-1 SECTION 2. Subchapter P, Chapter 361, Health and Safety
5-2 Code, is amended by adding Section 361.4725 to read as follows:
5-3 Sec. 361.4725. REGISTRATION; FEE. A person who applies to
5-4 the commission to register a waste tire storage facility or a fixed
5-5 or mobile tire processor, or to renew or amend the registration,
5-6 must pay a fee of $500.
5-7 SECTION 3. Sections 361.475-361.477, Health and Safety Code,
5-8 are amended to read as follows:
5-9 Sec. 361.475. Waste Tire Recycling Fund. (a) The waste
5-10 tire recycling fund is a special account in the general revenue
5-11 fund.
5-12 (b) The commission <department> shall administer the fund.
5-13 (c) The fund consists of fees and penalties collected under
5-14 this subchapter, interest on money in the fund, and money from
5-15 gifts, grants, or any other source intended to be used for the
5-16 purposes of this subchapter.
5-17 (d) The fund may be used only to pay:
5-18 (1) waste tire processors that meet the requirements
5-19 for payment under Section 361.477 and rules adopted under that
5-20 section;
5-21 (2) the commission's <department's> reasonable and
5-22 necessary administrative costs of performing its duties under this
5-23 subchapter in an amount not to exceed six percent of the money
5-24 annually accruing to the fund; and
5-25 (3) the comptroller's reasonable and necessary
5-26 administrative costs of performing the comptroller's duties under
5-27 this subchapter in an amount not to exceed two percent of the money
6-1 annually accruing to the fund.
6-2 (e) Registration fees received under Section 361.4725 shall
6-3 be allocated to the commission for its reasonable and necessary
6-4 costs associated with reviewing applications for registration of
6-5 and with registering fixed and mobile tire processing facilities
6-6 and storage sites.
6-7 (f) The fund may not be used to reimburse shredding of:
6-8 (1) innertubes;
6-9 (2) scrap rubber products;
6-10 (3) green tires;
6-11 (4) industrial solid waste, excluding waste tires;
6-12 (5) oversized tires, as defined by commission rule,
6-13 unless the oversized tires are collected from a priority
6-14 enforcement list site; or
6-15 (6) manufacturer reject tires.
6-16 (g) The commission may classify special authorization tires,
6-17 as defined by commission rule, as priority enforcement list tires.
6-18 (h) The fund shall maintain a balance of not less than
6-19 $500,000.
6-20 (i) If the commission has reason to believe that the fund
6-21 balance will fall below $500,000, the commission may:
6-22 (1) suspend the requirement to reimburse priority
6-23 enforcement list tires shredded in excess of the minimum percentage
6-24 identified in Section 361.477(c)(3)(C); or
6-25 (2) limit the number of waste tires for which a
6-26 processor will be reimbursed.
6-27 (j) The revenues obtained from the waste tire recycling fees
7-1 shall be deposited to the credit of the waste tire recycling fund
7-2 and may be used only to pay for those activities and costs
7-3 identified in Subsection (d) or (e).
7-4 Sec. 361.476. Priority Enforcement List. The commission
7-5 <department> shall identify scrap <unauthorized> tire sites <dumps>
7-6 that present an existing or potential threat to public health and
7-7 safety or to the environment and shall prepare an enforcement list
7-8 of those sites <dumps>, giving priority to sites <dumps> for which
7-9 the commission cannot locate a person who:
7-10 (1) is the property owner of record, the site
7-11 operator, or the depositor of the scrap tires on the site;
7-12 (2) has benefitted financially from the disposition of
7-13 the scrap tires on the site; and
7-14 (3) is financially capable of paying all or part of
7-15 the total or partial cleanup of the site, considering the costs of
7-16 the cleanup as the commission determines <a responsible party
7-17 cannot be located>.
7-18 Sec. 361.477. Payments to Waste Tire Processors. (a) The
7-19 commission <department> each month shall pay a waste tire processor
7-20 that shreds scrap tires and meets the requirements of this section
7-21 and rules adopted under this section an amount equal to 85 cents
7-22 for each weighed tire shredded by the processor during the
7-23 preceding calendar month.
7-24 (b) If the total number of used or scrap tires or tire
7-25 pieces contained in illegal scrap tire sites that are identified on
7-26 the priority enforcement list is below 500,000 tires, the
7-27 commission may pay more than 85 cents for each weighed tire to
8-1 processors with whom the commission has contracted to remove and
8-2 shred scrap tires and scrap tire pieces from priority enforcement
8-3 list sites. The 500,000 tire limit does not include those tires
8-4 contained in sites under commission enforcement or attorney general
8-5 action or that require corrective action or remedial action in
8-6 response to a release or threat of release of hazardous substances.
8-7 In acting under this subsection, the commission may contract with
8-8 processors on a regional or site-specific basis. The contracts
8-9 shall be procured through a competitive bid process conducted in
8-10 accordance with the provisions of the State Purchasing and General
8-11 Services Act (Article 601b, Vernon's Texas Civil Statutes)
8-12 applicable to contracts for services. The commission may elect not
8-13 to enter into contracts under this subsection. The contracts may
8-14 be only for the removal and shredding of tires from priority
8-15 enforcement list sites.
8-16 (c) A waste tire processor that desires to receive payment
8-17 under this section for tires shredded by the processor during a
8-18 calendar month must:
8-19 (1) apply to the commission for registration
8-20 <department> in accordance with forms prescribed by the commission
8-21 <department>;
8-22 (2) apply to the commission for payment on forms
8-23 prescribed by the commission or, on a voluntary basis, apply by a
8-24 removable storage medium stored in an industry standard file format
8-25 acceptable to the commission;
8-26 (3) demonstrate as required by rules adopted under
8-27 this section that:
9-1 (A) all tires for which payment is sought have
9-2 been shredded to a particle size not larger than nine square
9-3 inches; <and>
9-4 (B) not less than 25 percent of those tires were
9-5 collected from generators; and
9-6 (C) if the total number of used or scrap tires
9-7 or tire pieces contained in illegal waste tire sites that are
9-8 identified on the priority enforcement list exceeds 500,000 tires
9-9 for more than 30 consecutive days, not less than 15 <25> percent
9-10 and not more than 30 percent of those tires were collected from
9-11 scrap tire sites <dumps> listed on the <department's> priority
9-12 enforcement list;
9-13 (4) <(3)> provide any other information the commission
9-14 <department> determines is needed to accomplish the purposes of
9-15 this subchapter, including a monthly report of scrap tires or tire
9-16 pieces shredded, subtotaled by tire count or weight, for each
9-17 generator number and priority enforcement list number; <and>
9-18 (5) <(4)> demonstrate that energy recovery activities
9-19 in the state are in compliance with applicable air emission control
9-20 rules and standards as adopted by the Texas Air Control Board; and
9-21 (6) provide financial assurance deemed adequate by the
9-22 commission that corresponds to:
9-23 (A) the payment appropriate for the number of
9-24 scrap tires the processor will shred in the next calendar month
9-25 based on the approved monthly receipts; or
9-26 (B) the number of scrap tire shreds the waste
9-27 tire storage site owner or operator will accept for storage in the
10-1 next calendar month based on the approved monthly receipts.
10-2 (d) <(c)> A waste tire processor that in any month exceeds
10-3 the <25 percent> minimum requirement of Subsection (c)(3)(C)
10-4 <(b)(2)> shall receive a credit for the amount in excess of the
10-5 requirement <25 percent> that may be used to meet the minimum
10-6 requirement during a later month. The commission <board of health>
10-7 by rule may prescribe the method of applying credits accrued under
10-8 this subsection.
10-9 (e) <(d)> The commission <board of health> by rule shall
10-10 adopt application and payment procedures and requirements to
10-11 implement this section.
10-12 (f) Until the commission has determined that a waste tire
10-13 processor is in compliance with all applicable requirements, the
10-14 commission may not authorize the processor to process or store
10-15 scrap tires at a site at which the processor processes or stores or
10-16 intends to process or store scrap tires.
10-17 (g) Notwithstanding Section 361.486, the commission may
10-18 reimburse a processor for shredded scrap tires if the processor has
10-19 a binding agreement to deliver the shredded scrap tires to a person
10-20 to recycle or reuse or to use for energy recovery within 180 days
10-21 after the date of reimbursement.
10-22 (h) The commission may not pay a waste tire processor for
10-23 processing scrap tires if the commission determines that the
10-24 processor:
10-25 (1) has not provided adequate financial assurance;
10-26 (2) does not have adequate fire protection; or
10-27 (3) is causing an imminent danger to public health or
11-1 welfare.
11-2 (i) The commission shall issue to an applicant all
11-3 processing and storage registrations necessary to begin operations
11-4 and obtain reimbursement from the fund if the applicant, on or
11-5 before March 10, 1993:
11-6 (1) had an application pending for a new processing
11-7 facility that was reviewed by the commission and found to be in
11-8 general technical compliance;
11-9 (2) had an application pending for a new storage
11-10 facility with a total capacity in excess of 7 million waste tire
11-11 units; and
11-12 (3) had expended or committed in excess of $1 million
11-13 in total project costs.
11-14 (j) The commission shall adopt rules to manage payments from
11-15 the fund to prevent depletion of the fund. Rules adopted under
11-16 this subsection shall consider:
11-17 (1) appropriate payments to reflect the varying
11-18 amounts of money available in the fund;
11-19 (2) a waste tire processor's monthly average number of
11-20 tires for which the processor has been reimbursed historically;
11-21 (3) a waste tire processor's shredding and storage
11-22 capacity; and
11-23 (4) the date the waste tire processor was registered.
11-24 (k) If a waste tire processor does not fully use its monthly
11-25 allocation for reimbursement, the commission may assign the unused
11-26 portion of the allocation to another waste tire processor who can
11-27 demonstrate having underutilized shredding and storage capacity
12-1 available for service to rural counties in this state.
12-2 <(e) A permitted Type VIII tire monofill approved under
12-3 board of health rules may qualify as a waste tire processor and is
12-4 eligible to receive payment under this section if the Type VIII
12-5 tire monofill complies with all the provisions of this subchapter
12-6 and rules of the board of health.>
12-7 SECTION 4. Subchapter P, Chapter 361, Health and Safety
12-8 Code, is amended by adding Sections 361.4771 and 361.4772 to read
12-9 as follows:
12-10 Sec. 361.4771. PAYMENT FOR SHREDDING OUTSIDE OF STATE. The
12-11 commission may reimburse a registered waste tire processor for
12-12 shredding tires generated in this state and shredded outside this
12-13 state if the processor:
12-14 (1) meets all requirements that apply to a waste tire
12-15 processor who shreds tires within this state;
12-16 (2) monthly reimburses the state for reasonable and
12-17 necessary costs incurred by the commission for on-site audits of
12-18 the out-of-state facility as the commission considers necessary;
12-19 (3) voluntarily submits to the commission's
12-20 enforcement authority as necessary to ensure compliance with this
12-21 subchapter; and
12-22 (4) agrees to maintain evidence of financial
12-23 responsibility under Section 361.479 in an amount equal to twice
12-24 the amount that would be required of an in-state waste tire
12-25 processor.
12-26 Sec. 361.4772. PAYMENT FOR BALING TIRES. A registered waste
12-27 tire processor who bales whole tires is eligible for reimbursement
13-1 at a rate of 25 cents for each tire if the processor meets the
13-2 requirements of this subchapter that apply to a waste tire
13-3 processor and to tires processed.
13-4 SECTION 5. Sections 361.478 and 361.479, Health and Safety
13-5 Code, are amended to read as follows:
13-6 Sec. 361.478. Evaluation of Recycling and Energy Recovery
13-7 Activities; Certification for Payment. (a) Beginning January 1,
13-8 1996 <June 1, 1995>, and every two <five> years after that date,
13-9 the commission <department> shall evaluate according to standards
13-10 adopted by commission <board of health> rule the recycling and
13-11 energy recovery activities of each waste tire processor that
13-12 received payment from the waste tire recycling fund <under Section
13-13 361.477 during the preceding five years>.
13-14 (b) After evaluation, the commission <department> shall
13-15 certify as eligible for payment under this subchapter <Section
13-16 361.477> during the next two <five> years a waste tire processor
13-17 that has conducted or provided for recycling of or energy recovery
13-18 from tires for which the processor received payment during the
13-19 preceding period of operation <five years>.
13-20 (c) A waste tire processor that receives payment under this
13-21 subchapter <Section 361.477> during any two-year <five-year> period
13-22 and that after evaluation is not certified by the commission
13-23 <department> under Subsection (b) as eligible for payment under
13-24 this subchapter <Section 361.477> may not receive payment under
13-25 this subchapter <that section> for the next two <five> years.
13-26 (d) The commission <board of health> by rule may establish a
13-27 procedure by which a waste tire processor can reestablish
14-1 eligibility for payment under this subchapter <Section 361.477>.
14-2 Sec. 361.479. Evidence of Financial Responsibility. (a) A
14-3 waste tire storage facility registered by the commission
14-4 <department> under Section 361.112 or a waste tire facility that
14-5 accepts shredded scrap tires for storage or for processing for
14-6 recycling, reuse, or energy recovery shall submit to the commission
14-7 <department> evidence of financial responsibility in an amount
14-8 adequate to assure proper cleanup and <or> closure of the facility.
14-9 (b) A facility subject to Subsection (a) shall submit to the
14-10 commission <department> an estimate of the total amount of shredded
14-11 scrap tires and tire pieces measured by weighed tire that the
14-12 facility will store or process, the maximum number of out-of-state
14-13 tires the facility will store, and the estimated cost, using that
14-14 total amount, of cleaning up and <or> closing the facility.
14-15 (c) The commission <department> shall evaluate and may amend
14-16 an estimate submitted under Subsection (b) and <by order> shall
14-17 determine for each facility the amount for which evidence of
14-18 financial responsibility is required.
14-19 (d) Evidence of financial responsibility may be in the form
14-20 of:
14-21 (1) a performance bond or<,> a letter of credit
14-22 acceptable to the commission that is from a <recognized> financial
14-23 institution, a trust fund, or insurance for a privately owned
14-24 facility; or
14-25 (2) a self-insurance test designed by the commission<,
14-26 or a resolution by the commissioners court or the city council, as
14-27 appropriate,> for a publicly owned facility. A person who makes an
15-1 initial request for reimbursement from the waste tire recycling
15-2 fund on or after September 1, 1993, must provide evidence of
15-3 financial responsibility for the full amount determined under
15-4 Subsection (c).
15-5 SECTION 6. Sections 361.482 and 361.483, Health and Safety
15-6 Code, are amended to read as follows:
15-7 Sec. 361.482. Prohibition on Disposal of Shredded Tires in
15-8 Landfill. A waste tire processor may not dispose of shredded scrap
15-9 tires in a landfill if the processor has received payment under
15-10 Section 361.477 for shredding the tires.
15-11 Sec. 361.483. Civil Penalty. (a) A person who violates
15-12 this subchapter or a rule adopted or order issued under this
15-13 subchapter <Section 361.481 or 361.482> is liable for a civil
15-14 penalty of up to $10,000 for each violation and for each day of a
15-15 continuing violation.
15-16 (b) The attorney general or the prosecuting attorney in the
15-17 county in which the alleged violation occurs may bring suit to
15-18 recover the civil penalty imposed under Subsection (a).
15-19 (c) A penalty collected under this section shall be
15-20 deposited to the credit of the waste tire recycling fund.
15-21 SECTION 7. Subchapter P, Chapter 361, Health and Safety
15-22 Code, is amended by adding Sections 361.4831 and 361.4832 to read
15-23 as follows:
15-24 Sec. 361.4831. INJUNCTION FOR CORRECTIVE ACTION. (a) The
15-25 attorney general or the prosecuting attorney in a county in which
15-26 the violation occurs may bring suit for an injunction to compel a
15-27 person who violates this subchapter or a rule adopted or order
16-1 issued under this subchapter to take corrective action.
16-2 (b) The suit may be brought independently of or in
16-3 conjunction with a suit under Section 382.483.
16-4 Sec. 361.4832. ADMINISTRATIVE PENALTY AND ORDER FOR
16-5 CORRECTIVE ACTION. If a person violates this subchapter or a rule
16-6 adopted or order issued under this subchapter the commission may:
16-7 (1) assess against the person an administrative
16-8 penalty under Section 361.252; or
16-9 (2) order the person to take a corrective action.
16-10 SECTION 8. Sections 361.484 and 361.485, Health and Safety
16-11 Code, are amended to read as follows:
16-12 Sec. 361.484. Rules. The commission <board of health> may
16-13 adopt rules reasonably necessary to implement this subchapter.
16-14 Sec. 361.485. Report. Not later than February 1 of each
16-15 odd-numbered year, the commission <department> shall report to the
16-16 governor and the legislature on the administration of the program
16-17 established under this subchapter and its effectiveness in cleaning
16-18 up existing scrap tire sites <dumps> and in preventing new scrap
16-19 tire sites <dumps>.
16-20 SECTION 9. Subchapter P, Chapter 361, Health and Safety
16-21 Code, is amended by adding Sections 361.486-361.495 to read as
16-22 follows:
16-23 Sec. 361.486. RECYCLING EFFORTS. (a) On and after January
16-24 1, 1996, for all new, amended, and renewal processing registration
16-25 applications, the processor must identify those persons who will
16-26 accept the processor's shredded scrap tire pieces for recycling or
16-27 reuse or to use the shredded scrap tires for energy recovery. The
17-1 commission shall reimburse a processor for only those shredded
17-2 tires that the commission determines are committed to a legitimate
17-3 end user.
17-4 (b) The commission may disapprove of the use a person
17-5 identified by the processor has for the tire pieces unless the
17-6 person identified is authorized by the state to use tire-derived
17-7 fuel for energy recovery.
17-8 (c) The commission by rule shall define recycling for
17-9 purposes of this subchapter.
17-10 (d) On or before January 1, 1994, and on a semiannual basis
17-11 thereafter, registered processors and storage site owners and
17-12 operators shall report their recycling, reuse, and energy recovery
17-13 activities to the commission. The commission by rule shall
17-14 prescribe the form and other requirements of the report.
17-15 (e) A person who, in this state, recycles or recovers the
17-16 energy from shredded tire pieces shall register with the commission
17-17 in accordance with the rules and on the forms prescribed by the
17-18 commission.
17-19 Sec. 361.487. REIMBURSEMENT RESTRICTIONS. (a) A processor
17-20 seeking reimbursement under Section 361.477 shall process and store
17-21 the scrap tires or scrap tire pieces in the state.
17-22 (b) The commission shall treat scrap tires and scrap tire
17-23 pieces generated in Texas, removed from Texas, and subsequently
17-24 reintroduced to Texas as out-of-state scrap tires for the purposes
17-25 of this subchapter.
17-26 (c) Scrap tires and scrap tire pieces that are shredded and
17-27 for which a person is reimbursed may not be disposed of in a Type
18-1 VIII-S tire monofill.
18-2 Sec. 361.488. GENERATOR CHARGE FOR SCRAP TIRES PROHIBITED.
18-3 A scrap tire generator may not receive remuneration in exchange for
18-4 scrap tires.
18-5 Sec. 361.489. IMMEDIATE REMOVAL AND REMEDIAL ACTION BY
18-6 COMMISSION. (a) The commission may, with the funds available to
18-7 the commission from the waste tire recycling fund, undertake
18-8 immediate remediation of a site if, after investigation, the
18-9 commission finds:
18-10 (1) that there exists a situation caused by the
18-11 illegal dumping of scrap tires that is causing or may cause
18-12 imminent and substantial endangerment to the public health and
18-13 safety or the environment; and
18-14 (2) the immediacy of the situation makes it
18-15 prejudicial to the public interest to delay action until an
18-16 administrative order can be issued to potentially responsible
18-17 parties or until a judgment can be entered in an appeal of an
18-18 administrative order.
18-19 (b) If a person ordered to eliminate an imminent and
18-20 substantial danger to the public health and safety or the
18-21 environment has failed to do so within the time limits specified in
18-22 the order or any extension of time approved by the commission, the
18-23 commission may implement a remedial program for the site.
18-24 (c) The commission may bring suit against a potentially
18-25 responsible party to recover reasonable expenses incurred in
18-26 undertaking immediate removal under Subsection (a) or in
18-27 implementing a remedial action order under Subsection (b). For
19-1 purposes of this subsection, the commission shall employ the
19-2 following three criteria to determine whether a person is a
19-3 potentially responsible party:
19-4 (1) the person must be the property owner of record,
19-5 the site operator, or the depositor of the scrap tires on the site;
19-6 (2) the person must have benefitted financially from
19-7 the disposition of the scrap tires on the site; and
19-8 (3) the person must be financially capable of paying
19-9 all or part of the costs of the total or partial cleanup of the
19-10 site, considering the costs of the cleanup as determined by the
19-11 commission.
19-12 (d) The commission shall file the suit to recover costs not
19-13 later than one year after the date removal or remedial measures are
19-14 completed.
19-15 (e) Money collected in a suit to recover costs shall be
19-16 deposited to the credit of the waste tire recycling fund.
19-17 (f) The commission, in lieu of bringing suit to recover
19-18 costs incurred under this section, may file a lien against the
19-19 property on which the site is located. The lien shall state the
19-20 name of the owner of the property, the amount owed, and the legal
19-21 description of the property. The lien arises and attaches on the
19-22 date the lien is filed in the real property records of the county
19-23 in which the property is located. The lien is subordinate to the
19-24 rights of prior bona fide purchasers or lienholders on the
19-25 property.
19-26 Sec. 361.490. ACCESS TO PRIORITY ENFORCEMENT LIST SITE.
19-27 (a) Members of the commission, employees or agents of the
20-1 commission, and authorized processors or their subcontractors are
20-2 entitled to enter any public or private property at any reasonable
20-3 time for the purpose of inspecting, investigating, or remediating
20-4 any condition related to illegal dumping of scrap tires. An
20-5 authorized processor or subcontractor is entitled to enter property
20-6 only if the commission directs the processor or subcontractor to
20-7 enter the property. The executive director shall give notice of
20-8 intent to enter private property for those purposes by certified
20-9 mail to the last known address indicated in the current county
20-10 property records at least 10 days before a commission member,
20-11 commission employee or agent, or authorized processor or
20-12 subcontractor enters the property. A commission member, commission
20-13 employee or agent, or authorized processor or subcontractor who,
20-14 acting under this subsection, enters private property shall:
20-15 (1) observe the establishment's rules concerning
20-16 safety, internal security, and fire protection; and
20-17 (2) if the property has management in residence, make
20-18 a reasonable attempt to notify the management or person in charge
20-19 of the entry and exhibit credentials.
20-20 (b) Authorized processors and their subcontractors may not
20-21 be considered agents of the state and are solely responsible for
20-22 their actions.
20-23 Sec. 361.491. INJUNCTION TO RESTRAIN VIOLATION. If it
20-24 appears that a person has violated, is violating, or is threatening
20-25 to violate this subchapter or a rule, permit, or order adopted or
20-26 issued under this subchapter, the executive director may bring suit
20-27 in a district court for injunctive relief to restrain the person
21-1 from continuing the violation or threat of violation.
21-2 Sec. 361.492. NEW TIRE WHOLESALERS AND RETAILERS. A person
21-3 selling new tires as described in Section 361.472(a) shall accept
21-4 from customers, without charge, used tires of the type and in a
21-5 quantity at least equal to the number of new tires purchased.
21-6 Sec. 361.493. CONFIDENTIALITY. Information submitted to the
21-7 commission in accordance with Section 361.477(g) or Section
21-8 361.486(a) or (d), and any report generated by the commission based
21-9 on the information, is confidential and is not subject to
21-10 disclosure under Chapter 424, Acts of the 63rd Legislature, Regular
21-11 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
21-12 and the commission shall protect the information accordingly.
21-13 Sec. 361.494. APPEAL. The commission shall establish a
21-14 process by which a registered waste tire processor who is adversely
21-15 affected by an agency decision affecting reimbursement may appeal
21-16 that decision to the executive director or the commission.
21-17 Sec. 361.495. ENSURING CAPACITY. Not later than October 1
21-18 of each odd-numbered year, the commission shall determine the total
21-19 shredding capacity of all registered waste tire processors. If the
21-20 commission determines that the shredding capacity is less than the
21-21 previous year's reimbursed waste tire units, the commission may
21-22 issue registrations to waste tire processors until the anticipated
21-23 shredding capacity equals the previous year's reimbursed waste tire
21-24 units. If the commission determines that the shredding capacity
21-25 exceeds the previous year's reimbursed waste tire units, the
21-26 commission may not issue a registration to a new waste tire
21-27 processor until the next capacity assessment is completed.
22-1 SECTION 10. Section 361.014, Health and Safety Code, is
22-2 amended to read as follows:
22-3 Sec. 361.014. Use of Solid Waste Fee Revenue. (a) Revenue
22-4 received by the department under Section 361.013 shall be deposited
22-5 in the state treasury to the credit of the department. At least
22-6 half the revenue is dedicated to the department's municipal solid
22-7 waste permitting and enforcement programs and related support
22-8 activities, and the balance of the revenue is dedicated to pay for
22-9 activities that will enhance the state's solid waste management
22-10 program, including:
22-11 (1) provision of funds for the municipal solid waste
22-12 management planning fund and the municipal solid waste resource
22-13 recovery applied research and technical assistance fund established
22-14 by the Comprehensive Municipal Solid Waste Management, Resource
22-15 Recovery, and Conservation Act (Chapter 363);
22-16 (2) provision of technical assistance to local
22-17 governments concerning solid waste management;
22-18 (3) establishment of a solid waste resource center in
22-19 the department and an office of waste minimization and recycling;
22-20 (4) provision of supplemental funding to local
22-21 governments for the enforcement of this chapter, the Texas Litter
22-22 Abatement Act (Chapter 365), and Chapter 741, Acts of the 67th
22-23 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
22-24 Civil Statutes);
22-25 (5) conduct of a statewide public awareness program
22-26 concerning solid waste management;
22-27 (6) provision of supplemental funds for other state
23-1 agencies with responsibilities concerning solid waste management,
23-2 recycling, and other initiatives with the purpose of diverting
23-3 recyclable waste from landfills;
23-4 (7) conduct of research to promote the development and
23-5 stimulation of markets for recycled waste products;
23-6 (8) creation of a state municipal solid waste
23-7 superfund for:
23-8 (A) the cleanup of unauthorized tire dumps and
23-9 solid waste dumps for which a responsible party cannot be located
23-10 or is not immediately financially able to provide the cleanup; and
23-11 (B) the cleanup or proper closure of abandoned
23-12 or contaminated municipal solid waste sites for which a responsible
23-13 party is not immediately financially able to provide the cleanup;
23-14 and
23-15 (9) provision of funds for other programs that the
23-16 board of health may consider appropriate to further the purposes of
23-17 this chapter.
23-18 (b) Revenue derived from fees charged under Section
23-19 361.013(c) to a transporter of whole used or scrap tires or
23-20 shredded tire pieces shall be deposited to the credit of the waste
23-21 tire recycling fund.
23-22 SECTION 11. Section 361.112, Health and Safety Code, is
23-23 amended by adding Subsection (m) to read as follows:
23-24 (m) The commission may adopt rules to regulate the storage
23-25 of scrap or shredded tires that are stored at a marine dock, rail
23-26 yard, or trucking facility for more than 30 days.
23-27 SECTION 12. Section 363.041, Health and Safety Code, is
24-1 amended to read as follows:
24-2 Sec. 363.041. Composition of Advisory Council. The
24-3 Municipal Solid Waste Management and Resource Recovery Advisory
24-4 Council is composed of the following 17 <15> members appointed by
24-5 the board:
24-6 (1) an elected official from a municipality with a
24-7 population of 750,000 or more;
24-8 (2) an elected official from a municipality with a
24-9 population of 100,000 or more but less than 750,000;
24-10 (3) an elected official from a municipality with a
24-11 population of 25,000 or more but less than 100,000;
24-12 (4) an elected official from a municipality with a
24-13 population of less than 25,000;
24-14 (5) two elected officials of separate counties, one of
24-15 whom is from a county with a population of less than 150,000;
24-16 (6) an official from a municipality or county solid
24-17 waste agency;
24-18 (7) a representative from a private environmental
24-19 conservation organization;
24-20 (8) a representative from a public solid waste
24-21 district or authority;
24-22 (9) a representative from a planning region;
24-23 (10) a representative of the financial community;
24-24 (11) a representative from a solid waste management
24-25 organization composed primarily of commercial operators;
24-26 (12) a board member; <and>
24-27 (13) two persons representing the public who would not
25-1 otherwise qualify as members under this section;
25-2 (14) a registered, fixed waste tire processor; and
25-3 (15) a registered, mobile waste tire processor.
25-4 SECTION 13. (a) The Texas Natural Resource Conservation
25-5 Commission may not register a waste tire processor until after the
25-6 commission makes its initial determination of the capacity of
25-7 registered waste tire processors as provided by Section 361.495,
25-8 Health and Safety Code, as added by this Act.
25-9 (b) If this Act takes immediate effect, notwithstanding the
25-10 date provided by Section 361.495, Health and Safety Code, as added
25-11 by this Act, the Texas Natural Resource Conservation Commission
25-12 shall make the initial determination of the capacity of registered
25-13 waste tire processors not later than 30 days after the effective
25-14 date of this Act.
25-15 SECTION 14. The changes in the waste tire recycling fee made
25-16 by Section 361.472, Health and Safety Code, as amended by this Act,
25-17 take effect October 1, 1993.
25-18 SECTION 15. The importance of this legislation and the
25-19 crowded condition of the calendars in both houses create an
25-20 emergency and an imperative public necessity that the
25-21 constitutional rule requiring bills to be read on three several
25-22 days in each house be suspended, and this rule is hereby suspended,
25-23 and that this Act take effect and be in force from and after its
25-24 passage, and it is so enacted.