By Kuempel H.B. No. 3483 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of the storage, processing, use and 1-3 disposal of scrap tires; providing administrative, civil and 1-4 criminal penalties. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. This article shall be known as the Scrap Tire 1-7 Recycling Management Act. 1-8 SECTION 2. The following terms shall have the following 1-9 meaning: 1-10 (1) "Business" means any trade, occupation, activity, 1-11 or enterprise engaged in the sale of tires in Texas. 1-12 (2) "Commission" means the department responsible for 1-13 the implementation of this act. 1-14 (3) "Generators or Dealers" means any person, firm, or 1-15 corporation engaged within Texas in the business of selling or 1-16 offering for sale to the ultimate consumer motor vehicle tires, 1-17 including motor vehicle dealer licensed to sell new motor vehicles. 1-18 (4) "End Users" means the person or entity that uses 1-19 whole scrap tires, shredded tire pieces, which include civil 1-20 engineering applications or practices, energy recovery, thermal 1-21 decomposition, the manufacture of a product with economic value, 2-1 approved land reclamation projects using shredded tires, or other 2-2 processes or products that the commission by rule determines meet 2-3 the objectives of this act. This term does not include the 2-4 production of crumb rubber or the bailing of tires. 2-5 (5) "Enforcement scrap tires" means any scrap tire 2-6 that has been discarded that is not part of the daily waste stream 2-7 generated from dealers, or that has not been deposited at a 2-8 designated scrap tire collection site. 2-9 (6) "Enforcement scrap tire site" means a 2-10 non-permitted tire storage area as identified by state authorities, 2-11 or any site containing scrap tires which have been illegally 2-12 disposed or discarded, and which is not a wholesale or retail 2-13 dealer or a registered scrap tire collection site. 2-14 (7) "Land reclamation projects using shredded tires" 2-15 means an approved project by the commission that fills, 2-16 rehabilitates, improves and/or restores already excavated, 2-17 deteriorated or disturbed land, which uses no more than 50% by 2-18 volume of tire pieces along with inert fill material, for the 2-19 purpose of restoring the land to its approximate natural grade and 2-20 to prepare or reclaim the land for re-use. 2-21 (8) "Manufacture reject tire" means a tire rendered 2-22 defective in the manufacturing process, whether the tire is 2-23 determined to be defective before or after consumer purchase. 2-24 (9) "Motor vehicle" means an automobile, truck, van, 2-25 bus, trailer, semi-trailer combination, recreational vehicle, or 3-1 any other vehicle operated on the roads of Texas used to transport 3-2 persons or property. 3-3 (10) "New tire" means an originally manufactured tire 3-4 and shall not include any re-manufactured, recapped, or otherwise 3-5 restored tire. 3-6 (11) "Person" means any individual, firm, trust, 3-7 partnership, company, corporation, association, state agency or 3-8 local governing agency, or any public or private legal entity. 3-9 (12) "Place of business" means all contiguous land, 3-10 buildings, structures, or other appurtenance, whether temporary or 3-11 permanent, used in the business of selling, repairing, refitting, 3-12 retreading, or otherwise handling new or used tires. 3-13 (13) "Process" means the act of shredding whole scrap 3-14 tires which alters the form of the tires for the future extraction 3-15 of useful materials for recycling or energy recovery, whole tires 3-16 used for energy recovery and which renders the tires unfit for use 3-17 on a motor vehicle or for harborage of disease vectors. 3-18 (14) "Processed tire" means a tire, which has been 3-19 shredded to a particle size that can be utilized for future reuse, 3-20 recycling or energy recovery. 3-21 (15) "Purchaser" means any individual, firm, trust, 3-22 partnership, company, corporation association, state agency, or 3-23 local governing agency, or any public or private legal entity who 3-24 buys new or used tires. 3-25 (16) "Recycling" means any process by which scrap 4-1 tires are collected, separated, stored, recovered, or processed and 4-2 re-used or returned to use in the form of raw materials or 4-3 products. 4-4 (17) "Scrap tire" means a tire that is no longer 4-5 suitable for its original intended purpose or determined to be 4-6 defective or unfit for use on a motor vehicle. 4-7 (18) "Scrap tire collection site" means a site, 4-8 designated by the commission, where used or scrap tires are 4-9 collected from the public as a temporary storage site that stores 4-10 less that 2,500 tires at any given time. 4-11 (19) "Scrap tire facility" means a permitted site 4-12 where discarded scrap tires are collected or deposited for 4-13 processing by shredding, whole tire consumption or other approved 4-14 method, which alters the form of the tires for the future 4-15 extraction of useful materials for recycling or energy recovery. 4-16 (20) "Scrap tire storage facility" means a facility 4-17 registered by the commission at which whole scrap tires or shredded 4-18 tire pieces are collected and stored to facilitate the future 4-19 extraction of useful material for recycling, reuse, or energy 4-20 recovery. 4-21 (21) "Scrap tire transporter" means any person who 4-22 collects or transports scrap tires. This term does not include the 4-23 transportation of processed shredded tire material to end users. 4-24 (22) "Tire" means a continuous solid or pneumatic 4-25 rubber covering which is used for encircling the wheel of a motor 5-1 vehicle. 5-2 SECTION 3. GENERAL RULE MAKING AUTHORITY. 5-3 (a) In order to adequately control disease vectors and other 5-4 public health nuisances associated with transportation storage, 5-5 processing and disposal of scrap tires within Texas and to abate 5-6 such nuisances menacing public health and the environment, the 5-7 Commission is authorized to adopt rules for scrap tire management 5-8 to include, but not be limited to, scrap tire storage, 5-9 transportation, processing, recycling and/or disposal practices and 5-10 management standards for scrap tire facility construction and 5-11 management; registration requirements for scrap tire storage, 5-12 transportation, and processing documentation requirements for 5-13 generators or dealers, scrap tire processors or transporters. 5-14 (b) No person shall accumulate or store more than 100 scrap 5-15 tires exposed to the elements at any site unless said person makes 5-16 application for, and receives from the commission, a tire storage 5-17 registration pursuant to requirements of the rules of the 5-18 Commission. Exceptions shall be made for: 5-19 (1) a tire dealer with no more than 1,500 scrap tires 5-20 accumulated at the place of business at any one time; 5-21 (2) a tire retreader with no more than 2,500 scrap 5-22 tires accumulated at the place of business at any one time; 5-23 (3) a service station where tires are removed from, or 5-24 refitted to, motor vehicles with more than 500 scrap tires 5-25 accumulated at the place of business at one time; or 6-1 (4) other business as deemed appropriate by the 6-2 Commission, provided that adequate measures for disease vector 6-3 control are employed in accordance with rules adopted by the 6-4 Commission. It shall be the responsibility of the owner/operator of 6-5 the business to prevent the generation of disease vectors from the 6-6 place of business. 6-7 (c) A scrap tire collection site shall not operate in the 6-8 state except under a registration obtained from the Commission 6-9 pursuant to the rules adopted. 6-10 (d) Any site upon which more than 100 tires are deposited, 6-11 placed, or stored subject to the elements, whether registered or 6-12 not, whether publicly or privately owned, and which does not 6-13 receive effective control of disease vectors shall be considered a 6-14 public nuisance and shall be subject to abatement procedures. 6-15 (e) No person shall collect or process scrap tires in the 6-16 state under this act until the person makes application for and 6-17 receives a scrap tire facility registration form from the 6-18 Commission. 6-19 (f) It shall be unlawful for any person to dispose of whole 6-20 tires at a landfill in the state or at a site not permitted or 6-21 registered by the Commission to receive scrap tires. 6-22 (g) All persons, individuals, corporations, or public 6-23 entities who dispose of scrap tires regulated by this act shall do 6-24 so only at a scrap tire facility, registered by the Commission, who 6-25 engages in tire processing for energy recovery or recycling. 7-1 (h) If the executive director determines that the adopted 7-2 rules are burdensome to industry or is overly interfering with 7-3 commerce then he may alter any adopted rule in order to ensure that 7-4 the goals of this act are achieved. 7-5 SECTION 4. GENERATORS OR DEALERS OF SCRAP TIRES. 7-6 (a) For the purpose of this subchapter, a generator or 7-7 dealer of scrap tires shall be a person that accepts scrap tires 7-8 for storage, is a fleet operator, or is a new or used tire 7-9 retailer, wholesaler, manufacturer, or retreader. 7-10 (b) Generators or dealers shall be responsible to accept 7-11 scrap tires from the consumer and assess a reasonable disposal fee, 7-12 equal to the number of tires sold and make those tires available to 7-13 a registered scrap tire facility. 7-14 (c) Generators or dealers of scrap tires responsibilities 7-15 shall be; 7-16 (1) each generator of dealer shall be responsible for 7-17 ensuring that scrap tires they collect are transported by a 7-18 registered transporter of scrap tires and share in the 7-19 responsibilities that scrap tires are delivered to a registered 7-20 scrap tire facility. 7-21 (2) all scrap tires shall be transported, manifested 7-22 and delivered to a facility approved by the Commission for 7-23 receiving scrap tires. 7-24 (3) generators or dealers may collect a fee upon the 7-25 sale of a whole tire to be utilized to pay for the collection, 8-1 transportation, and processing of the generated scrap tires from 8-2 the purchaser of the whole tire. 8-3 (4) generators or dealers shall maintain records and 8-4 an affidavit stating the name, social security number, address, and 8-5 tire count from the purchaser if the following occur; 8-6 (A) the purchaser who purchased the tires 8-7 without having them mounted at the location of purchase; 8-8 (B) the purchaser of tires requests to take the 8-9 scrap tires with him in which case the purchaser shall state on the 8-10 affidavit the reason for not leaving the scrap tires with the 8-11 generator or dealer or; 8-12 (C) if the purchaser refuses to pay a reasonable 8-13 recycling fee for the scrap tires he generates then that purchaser 8-14 is required to sign an affidavit stating so and the generator or 8-15 dealer shall submit the individual's name and a copy of the 8-16 affidavit to the regional office of the Commission and; 8-17 (D) a purchaser who is found to be in violation 8-18 of this act shall be subject to the penalties of Section 19 of this 8-19 and any other rule adopted by the Commission. 8-20 (d) Generators or dealers of scrap tires shall: 8-21 (1) contact the Commission, identify his or her 8-22 business as a scrap tire generator, provide the business name, 8-23 mailing address, street address, or physical location, and the city 8-24 in which he or she is located; 8-25 (2) submit their business tax I.D. as a registration 9-1 number to the Commission; 9-2 (3) pay a $25.00 (twenty-five dollars) registration 9-3 fee per location biannually to the Commission; 9-4 (4) and notify the Commission within 15 days, in 9-5 writing, of any changes to generator or dealer information 9-6 contained in the Commission records. 9-7 (e) Generators or dealers of scrap tires shall initiate and 9-8 maintain a record of each individual collection in the form of a 9-9 manifest that shall include; 9-10 (1) name and address of the person who generated the 9-11 scrap tires and date collected; 9-12 (2) a generator or dealer business tax I.D. number; 9-13 (3) the weight or count of scrap tires collected for 9-14 transportation; 9-15 (4) name of individual who is collecting, transporting 9-16 and depositing scrap tires and the Commission's transporter number; 9-17 (5) date and place where the scrap tires were 9-18 deposited; 9-19 (6) permit number or registration number, location and 9-20 operator of the facility where scrap tires were deposited; 9-21 (7) name and signature of the facility representative 9-22 acknowledging receipt of the scrap tires and weight received. 9-23 (f) Manifest copies shall be retained by the generators or 9-24 dealers, transporters, and facility operators for three (3) years 9-25 and made available to the Commission or the Comptroller upon 10-1 request. 10-2 (g) Generators or dealers of scrap tires may store those 10-3 same tires at their location where they are generated for a period 10-4 not greater than 90 days, and where those scrap tires do not exceed 10-5 500 tires on the ground or 1,500 scrap tires in an enclosed 10-6 lockable container. 10-7 (h) Generators or dealers of scrap tires shall be subject to 10-8 random audits by the Commission as to compliance of the requirement 10-9 set forth in this act. 10-10 (i) Generators or dealers found to be in violation of this 10-11 act may have their registration revoked, face fines up to not less 10-12 than $200.00 and not more than $10,000.00 per violation, and also 10-13 be subject to the penalties specified in Section 19 of this act. 10-14 SECTION 5. TRANSPORTERS OF SCRAP TIRES. 10-15 (a) For the purposes of this subchapter, a transporter of 10-16 whole scrap tires shall include, but are not limited to, measures 10-17 utilizing roadway, rail, and water facilities. 10-18 (b) Persons who plan to transport scrap tires after the 10-19 effective date of this act shall register with the Commission prior 10-20 to commencing operations and shall submit the following: 10-21 (1) identifying himself or herself in the business of 10-22 transporting whole scrap tires; 10-23 (2) provide his or her business name, mailing address, 10-24 street address or location, and the city in which he or she is 10-25 located; 11-1 (3) pay a $100.00 (one-hundred dollars) maximum 11-2 registration fee biannually to the Commission. 11-3 (c) Transporters delivery requirements of scrap tires shall 11-4 include; 11-5 (1) depositing scrap tires at a registered scrap tire 11-6 facility where the operator of the facility agrees to receive scrap 11-7 tires; 11-8 (2) possess an agreement with an individual facility 11-9 or class of facilities to receive scrap tires. 11-10 (d) Transporters shall initiate a manifest that shall 11-11 include; 11-12 (1) name and address of the person who generated the 11-13 scrap tires and date collected; 11-14 (2) a generator or dealer business tax I.D. number; 11-15 (3) the weight or count of scrap tires collected; 11-16 (4) name of individual who is collecting, transporting 11-17 and depositing scrap tires and the Commission's transporter 11-18 number; 11-19 (5) date and place where the scrap tires were 11-20 deposited; 11-21 (6) permit number or registration number, location and 11-22 operator of the facility where scrap tires were deposited; 11-23 (7) name and signature of the facility representative 11-24 acknowledging receipt of the scrap tires and weight received, 11-25 (e) Manifest copies shall be retained by the generator, 12-1 transporters, and facility operators for three (3) years and made 12-2 available to the Commission upon request. 12-3 (f) Transporters of scrap tires found to be in violation of 12-4 this act may have their registration revoked, face fines up to not 12-5 less than $200.00 and no more than $10,000.00 per violation and 12-6 also be subjected to the penalties specified in Section 19 of this 12-7 Act. 12-8 (g) Transporters may not collect tires from generators or 12-9 dealers who do not have a registration from the Commission. 12-10 (h) Commercial haulers who transport scrap tires from a 12-11 scrap tire facility to an end user are not required to register. 12-12 SECTION 6. SCRAP TIRE FACILITIES. 12-13 (a) For the purposes of this subchapter, a scrap tire 12-14 facility shall be applicable to persons, individuals, corporations, 12-15 or public entities who process whole scrap tires or scrap tire 12-16 pieces for the use of recycling or energy recovery. 12-17 (b) A registration shall be required from the Commission for 12-18 a scrap tire facility. 12-19 (c) A scrap tire facility shall pay a registration fee of 12-20 $500.00 (five-hundred dollars) and the registration shall be valid 12-21 for 60 months at which time the scrap tire facility shall apply for 12-22 a renewed registration. 12-23 (d) All scrap tire facilities shall process all scrap tires 12-24 within (90) ninety days after receipt. 12-25 (e) Operators of scrap tire facilities shall ensure that the 13-1 scrap tire transporters who deposit scrap tires at their facilities 13-2 are properly registered with the Commission and the Commission 13-3 shall provide a scrap tire facility an approved transporters 13-4 quarterly. 13-5 (f) Scrap tire facilities shall maintain copies of manifests 13-6 received from transporters of scrap tires and shall insure that the 13-7 information is completed on the manifests as pertaining to Section 13-8 4(e) and Section 5(d) of this Act and shall report any observed 13-9 violation of this Act to the Commission and the Commission shall 13-10 have 30 days to respond to any violation reported. 13-11 (g) The reporting activities of the scrap tire facility 13-12 shall be documented in terms of weight. 13-13 (h) All documentation is to be kept by the scrap tire 13-14 facility for a period of (3) three years and made available for the 13-15 Commission's inspection. 13-16 (i) Scrap tire facilities shall not accept tires from 13-17 generators or transporters who do not have a registration form from 13-18 the Commission and shall report to the Commission those individuals 13-19 who do no have registrations as required by this act. 13-20 (j) Scrap tire facilities found to be in violation of this 13-21 act may have their registration revoked, face fines up to not less 13-22 than $200.00 and no more than $10,000.00 per violation and also be 13-23 subjected to the penalties specified in Section 19 of this act. 13-24 SECTION 7. SCRAP TIRE STORAGE FACILITY. 13-25 (a) For the purposes of this subchapter, a scrap tire 14-1 storage facility shall be applicable to persons, individuals, 14-2 corporations, or public entities who store whole scrap tires or 14-3 scrap tire pieces for the use of recycling or energy recovery. 14-4 (b) A registration form shall be required from the 14-5 Commission for a scrap tire storage facility. 14-6 (c) A scrap tire storage facility shall pay a registration 14-7 fee of $500.00 (five-hundred dollars) and the registration shall be 14-8 valid for 60 months at which time the scrap tire facility shall 14-9 apply for a renewed registration. 14-10 (d) Scrap tire storage facilities shall maintain copies of 14-11 manifests received from transporters of scrap tires and shall 14-12 insure that the information is completed on the manifests as 14-13 pertaining to Section 4(e) and Section 5(d) of this act. 14-14 (e) The reporting activities of the scrap tire storage 14-15 facility shall be documented in terms of weight. 14-16 (f) All documentation is to be kept by the scrap tire 14-17 storage facility for a period of three (3) years and made available 14-18 for the Commission's inspection. 14-19 (g) A scrap tire storage facility shall not exceed the 14-20 registered storage capacity approved by the Commission. 14-21 (h) A scrap tire storage facility that exceeds their storage 14-22 capacity shall immediately cease accepting additional whole scrap 14-23 tires or shredded tire pieces until the scrap tire storage facility 14-24 can demonstrate to the Commission that volumes of whole scrap tires 14-25 or shredded tire pieces have been removed from the scrap tire 15-1 storage facility to an approved end user or other approved means 15-2 which reduces the stored volume to less than total approved 15-3 capacity. 15-4 (i) Scrap tire storage facilities requesting a new 15-5 registration from the Commission after January 1, 1998 shall be 15-6 required to limit their storage area to a 180-day supply to be 15-7 determined by the Commission unless the applicant can demonstrate 15-8 that they have a contracted approved end use that will require a 15-9 larger volume of shredded scrap tires to be stored. 15-10 (j) Scrap tire storage facilities having registered before 15-11 January 1, 1998 and are still an active site shall be exempt from 15-12 the provisions in (h) of this Subsection but shall be 15-13 prohibited from expanding their approved storage. 15-14 (k) Scrap tire facilities found to be in violation of this 15-15 act may have their registration revoked, face fines of no less than 15-16 $200.00 and not more than $10,000.00 per violation and also be 15-17 subjected to the penalties specified in Section 19 of this act. 15-18 SECTION 8. PRIORITY ENFORCEMENT STORAGE SITE. 15-19 (a) It shall be the duty of each county within the state to 15-20 make an inventory of scrap tire piles that have been deposited 15-21 within that county in a non-permitted area. 15-22 (b) The state official shall make an estimate of the amount 15-23 of tires that are in the pile, the location, the proximity of major 15-24 highways, municipalities, and the legal description of the 15-25 property. 16-1 (c) The state official shall make an assessment on the 16-2 degree of hazard the pile represents to the public. 16-3 (d) It shall be unlawful to bury whole, split, or quartered 16-4 tires at these sites and these tires must be removed to a 16-5 registered scrap tire facility. 16-6 (e) The Commission shall rate enforcement tire storage sites 16-7 as to the environmental impact they present to the public and shall 16-8 have the authority to contract with a registered scrap tire 16-9 facility for clean up of those stockpiled scrap tires provided that 16-10 funds are available to the Commission to do as outlined in Section 16-11 11(c) of this act. 16-12 (f) The Commission is authorized to adopt rules necessary 16-13 for the administration, collection, reporting, and payment of fees 16-14 payable or to be collected under this act. 16-15 (g) The Commission is authorized to assess fees or penalties 16-16 associated with an enforcement scrap tire site towards a 16-17 responsible party if the department deems the action necessary. 16-18 SECTION 9. PROGRAM FUNDING. 16-19 (a) A person in the business of selling new or used tires, 16-20 of any type or description, who sells or offers to sell new or used 16-21 tires not for resale shall collect at the time and place of sale a 16-22 scrap tire management fee for each tire sold in the amount of $.75 16-23 (seventy-five cents) per tire. 16-24 (b) This fee shall be known as the Scrap Tire Management Fee 16-25 and this levy shall be applied to all tires, new or used, for all 17-1 over-the-road-highway vehicles including, but not limited to, 17-2 passenger vehicles, pickup trucks, truck tractors, trailers of all 17-3 kinds, recreational vehicles, motor homes and motorcycles. 17-4 (c) Every tire subject to the fee levied in subsection (a) 17-5 above shall have added to the purchase cost of the tire the 17-6 designated fee and said fee shall be stated upon the invoice as a 17-7 Scrap Tire Management Fee. 17-8 (d) The provision that the fee herein levied shall be 17-9 collected from the purchaser of the new or used tire and shall in 17-10 no way relieve any person, firm, or corporation of the fee herein 17-11 levied, nor shall the inability, impracticability, refusal, or 17-12 failure to collect from such purchaser the amounts provided herein 17-13 relieve such persons, firms, or corporations of the fees herein 17-14 levied. 17-15 (e) The fee herein levied shall be due and payable to the 17-16 Comptroller, together with forms prescribed and furnished by the 17-17 Comptroller, on or before the twentieth (20th) day of the month 17-18 next succeeding the month in which the fee accrued. 17-19 (f) The Comptroller is hereby authorized to promulgate such 17-20 rules and regulations for making returns and for ascertainment, 17-21 assessment and collection of the fee imposed by this act as the 17-22 department may deem necessary to administer and enforce its 17-23 provisions. 17-24 SECTION 10. SCRAP TIRE MANAGEMENT FUND. 17-25 (a) There is hereby created within the Treasury the "Scrap 18-1 Tire Management Fund". The Fund shall be administered by the 18-2 Comptroller pursuant to provisions of Section 11 of this act. 18-3 (b) The Scrap Tire Management Fund shall consist of: 18-4 (1) All monies received by the Comptroller as proceeds 18-5 from the fees imposed pursuant to Section 9. 18-6 (2) Interest attributable to investment of money in 18-7 the Fund. 18-8 (3) Money received by the Comptroller in the form of 18-9 gifts, grants, reimbursements, fines, or from any other source 18-10 intended to be used for the purposes specified or collected 18-11 pursuant to this act. 18-12 (c) The monies deposited in the Fund shall at no time become 18-13 part of the general budget of the Commission, Comptroller, any 18-14 other state agency, or General Revenue except as provided for in 18-15 Section 11 of this act. 18-16 (d) All monies in the Fund are continuously appropriated to 18-17 the Commission respectively, to be utilized or disbursed as 18-18 specified in this act. 18-19 SECTION 11. ALLOCATION OF FUNDS. 18-20 (a) All monies in the Fund are hereby continuously 18-21 appropriated to the Commission and Comptroller to be utilized or 18-22 dispersed as specified in this act. 18-23 (b) Of the monies accruing annually to the Fund, the funds 18-24 may be only used to pay; 18-25 (1) the Commission's reasonable and necessary 19-1 administrative costs of performing its duties under this act in an 19-2 amount not to exceed (30%) thirty percent of the money annually 19-3 accruing to the Fund; and 19-4 (2) the Comptroller's reasonable and necessary 19-5 administrative cost of performing its duties under this act in an 19-6 amount not to exceed (15%) fifteen percent of the money annually 19-7 accruing to the Fund, 19-8 (c) The remaining monies in the Fund shall be allocated 19-9 pursuant to the provisions of this act: 19-10 (1) to fund clean up of enforcement scrap tire sites 19-11 and other related projects under the supervision of the Commission; 19-12 (2) special priority projects such as community 19-13 clean-ups, county clean-ups; and 19-14 (3) contingencies as authorized by the Commission. 19-15 SECTION 12. ENFORCEMENT SCRAP TIRE SITE CLEAN-UP PAYMENT 19-16 PROCEDURE. 19-17 (a) Provided that appropriations have been made to fund 19-18 enforcement scrap tire site clean-ups, application for payment to 19-19 registered scrap tire processing facilities shall be on forms 19-20 provided by the Commission and shall provide documentation of 19-21 collection on enforcement scrap tires. 19-22 (b) No person shall process scrap tires in the state or 19-23 receive payment under this act for collecting and processing 19-24 enforcement scrap tires until the scrap tire facility makes 19-25 application for and receives a scrap tire facility registration 20-1 from the Commission. 20-2 (c) Scrap tire facilities shall submit ending month payment 20-3 application reports by the 10th day of the following month and 20-4 provide the following information: 20-5 (1) company name, facility address, permit number, 20-6 reporting period and name of the person submitting the report; 20-7 (2) provide a report of the manifest ticket for each 20-8 load from the enforcement scrap tire site; 20-9 (3) a report of the starting date of collection and 20-10 delivery of enforcement scrap tires with the total weight and 20-11 monthly totals. 20-12 (d) The Commission shall contract with the scrap tire 20-13 facility who is assigned the enforcement scrap tire site for 20-14 clean-up and 20-15 (1) the compensation rate shall be determined through 20-16 either a Request for Proposal bid process or other suitable means 20-17 approved by the executive director for payment of the scrap tires 20-18 removal at that specific site; 20-19 (2) scrap tire facilities must demonstrate end use 20-20 capabilities, as outlined in Section 15 of this act, equal to the 20-21 volume by weight of scrap tires or shredded tire pieces that is 20-22 removed from an enforcement scrap tire site. 20-23 (e) The Commission shall review and submit payment to the 20-24 qualifying scrap tire facility within (20) days of receipt of the 20-25 payment application. 21-1 (f) Scrap tire facilities found to be in violation of this 21-2 Section of this act may have their registration revoked, face fines 21-3 not less than $200.00 and no more than $10,000.00 per violation and 21-4 also be subjected to the penalties specified in Section 19 of this 21-5 act. 21-6 SECTION 13. ACCESS TO PRIORITY ENFORCEMENT LIST SITE. 21-7 (a) The Commission or its employees or agents of the 21-8 Commission are entitled to enter any public or private property at 21-9 any reasonable time for the purpose of inspection, investigating, 21-10 or remediating any condition related to illegal dumping of scrap 21-11 tires. 21-12 (b) The executive director shall give notice of intent to 21-13 enter private property for those purposes by certified mail to the 21-14 last known address indicated in the current county property records 21-15 at least (10) ten days before a Commission member or Commission 21-16 employee or agent enters the property. 21-17 (c) A Commission member, Commission employee, agent or 21-18 subcontractor who, acting under this subsection, enters private 21-19 property shall; 21-20 (1) observe the establishment's rules concerning 21-21 safety, internal security, and fire protection; and 21-22 (2) if the property has management in residence, make 21-23 a reasonable attempt to notify the management or person in charge 21-24 of the entry and exhibit credentials. 21-25 SECTION 14. RESPONSIBILITIES OF THE COMMISSION. 22-1 (a) The Commission shall be responsible to ensure that all 22-2 generators or dealers of scrap tires have accepted scrap tires from 22-3 consumers for purposes of recycling or disposal and have made 22-4 available those scrap tires only to registered scrap tire 22-5 facilities or other approved recycling or disposal sites by the 22-6 Commission. 22-7 (b) The Comptroller shall provide to the Commission a list 22-8 of businesses that have been designated as tire dealers and the 22-9 Commission shall, by July 15th, 1999, send to the generators or 22-10 dealers a letter notification that; 22-11 (1) the generators or dealers shall be responsible to 22-12 ensure that all scrap tires generated, collected or accumulated 22-13 from that business shall be sent to a registered scrap tire 22-14 facility or other approved disposal site by the Commission; 22-15 (2) the effective date for full compliance to this act 22-16 shall be September 1st, 1999, and; 22-17 (3) any generator or dealer who are found no to be in 22-18 full compliance of this act by September 1st, 1999, shall be 22-19 subject to the penalties set forth by this act and any rules 22-20 adopted by the Commission. 22-21 (c) The Commission shall require a monthly report from 22-22 registered scrap tire facilities or other approved disposal sites 22-23 and transporters providing the following information; 22-24 (1) name, address and county of the generator or 22-25 dealer of scrap tires and the date the scrap tires were collected; 23-1 (2) a generator or dealer business tax I.D. number; 23-2 (3) the weight or count of scrap tires collected for 23-3 transportation; 23-4 (4) name of individual who is collecting, transporting 23-5 and depositing scrap tires and the Commission's transporter number. 23-6 (d) The Commission shall determine a generator's or dealer's 23-7 compliance to this act by; 23-8 (1) generating a list of registered generators in the 23-9 state and comparing this list to the monthly reports supplied by 23-10 the scrap tire facilities or other approved disposal sites; 23-11 (2) generators or dealers who do not match up with the 23-12 Commission's list and the Monthly reports shall be listed by county 23-13 location and that list shall be submitted to the Commission's 23-14 regional offices that fall into the respected counties' areas; 23-15 (3) the regional offices shall conduct inspections of 23-16 the generators or dealers who are listed by the central office to 23-17 determine if the generator is in fact in non-compliance; 23-18 (4) if the generator or dealer is found to be in 23-19 non-compliance then that person shall be subject to penalties as 23-20 outlined in Section 19 of this act. 23-21 (e) The Commission shall release to the regions' offices the 23-22 generator's or dealer's inspection list within 30 days after 23-23 receiving the required reports from the registered scrap tire 23-24 facilities or other approved disposal sites. 23-25 (f) The regional offices shall report back to the central 24-1 office the finding of the inspection as to compliance or 24-2 non-compliance of the generator or dealer. 24-3 (g) The Commission shall promote, encourage, and provide all 24-4 the assistance possible to direct all scrap tires to a recyclable 24-5 end use. 24-6 SECTION 15. END USE OF SCRAP TIRES. 24-7 (a) The Commission shall not prevent or deter the use of 24-8 scrap tires in commercial use in the state provided the end uses 24-9 include; 24-10 (1) energy recovery; 24-11 (2) civil engineering including but not limited to; 24-12 (A) landfill leachate projects; 24-13 (B) septic systems; 24-14 (C) highway projects approved by the Texas 24-15 Department of Transportation; 24-16 (D) land reclamation projects using shredded 24-17 tires or; 24-18 (E) any other use the executive director deems 24-19 appropriate and in compliance with the intent of this act. 24-20 (b) products manufactured from rubber derived from shredded 24-21 tire pieces. 24-22 (c) The executive director shall have 60 days to approve or 24-23 disapprove any end use request submitted to the Commission. 24-24 (d) Any disapproved requests must be answered in writing 24-25 with an explanation of why the end use was disapproved. 25-1 (e) The Commission shall encourage and promote end use of 25-2 scrap tires generated within the state. 25-3 SECTION 16. WHOLE TIRE LANDFILL BAN. 25-4 (a) Whole scrap tires shall be banned from disposal in 25-5 landfills within the state. 25-6 (b) Scrap tires may be land filled only if; 25-7 (1) the executive director determines that there is a 25-8 deficiency of scrap tire collections due to an area or region of 25-9 the state that does not have sufficient end uses to consume the 25-10 generated scrap tires of that area or region of the state; 25-11 (2) the landfill accepting the tires have obtained a 25-12 registration and permit modification from the Commission; 25-13 (3) the tires have been processed to one sixth in size 25-14 to eliminate any air pockets that my exist; 25-15 (4) the tires are placed separate and apart from other 25-16 municipal solid waste; 25-17 (5) and the landfill had collected any state mandated 25-18 fees pertaining to municipal solid waste. 25-19 (c) Whole scrap tires shall not be allowed to be placed in 25-20 any monofill or land reclamation project and if whole scrap tires 25-21 are found to have been placed in any monofill or land reclamation 25-22 project and if exposed to the open air, regardless of when the 25-23 scrap tires were placed in the monofill or land reclamation 25-24 project, shall be declared an enforcement scrap tire site. 25-25 (d) Exemptions from the provisions stated on subsection (a) 26-1 of this section are as follows; 26-2 (1) tires considered to be OTR (off-the-road) tires 26-3 shall have to be managed by a plan approved by the Commission; 26-4 (2) solid tires and; 26-5 (3) manufactured reject tires which will have to 26-6 submit a disposal plan that is approved by the Commission. 26-7 (e) The executive director may declare a prohibition on the 26-8 landfilling of shredded tire pieces in any area or region of the 26-9 state if it is demonstrated that all scrap tires in that area or 26-10 region of the state has an end use. 26-11 SECTION 17. FINANCIAL RESPONSIBILITY. 26-12 (a) A registered scrap tire facility required to register 26-13 under this act shall submit to the Commission and shall maintain 26-14 evidence of financial responsibility in an amount adequate to 26-15 assure proper clean up and closure of the facility. 26-16 (b) A scrap tire facility owner or operator or an end user 26-17 who anticipates accepting for storage an amount of whole scrap 26-18 tires or shredded tire pieces that exceeds the facility's (30) 26-19 thirty day supply shall submit to the Commission and shall maintain 26-20 evidence of financial responsibility in an amount adequate to 26-21 assure proper clean-up and closure of the facility. 26-22 (c) A facility subject to Subsection (a) or (b) shall submit 26-23 to the Commission an estimate of the total amount of whole scrap 26-24 tires and/or shredded tire pieces measured by weight the facility 26-25 will store and the estimated cost, using that total amount, of 27-1 cleaning up and closing the facility. 27-2 (d) Scrap tire facilities registered before January 1st, 27-3 1998 and has received an approval letter from the Commission 27-4 renewing their registration shall be in compliance of this Section 27-5 until the date of their next renewal period. 27-6 (e) Evidence of financial responsibility may be in the form 27-7 of; 27-8 (1) a performance bond, surety bond, or letter of 27-9 credit acceptable to the Commission that is from a financial 27-10 institution, a trust fund, or insurance for a privately owned 27-11 facility; or 27-12 (2) a cash payment in the full amount determined under 27-13 Subsection (c). 27-14 SECTION 18. ENFORCEMENT BY CERTAIN COUNTY OR MUNICIPAL 27-15 EMPLOYEES. 27-16 (a) Employees of counties or municipalities whose duty it is 27-17 to ensure code compliance or to enforce codes and ordinances may be 27-18 designated by the governing body of the county or the municipality 27-19 to enforce the provisions of this act. 27-20 (b) This section does not limit the authority of any state 27-21 or local agency to enforce other laws, rules, or ordinances 27-22 relating to scrap tire dumping or solid waste management. 27-23 SECTION 19. PENALTIES FOR VIOLATION. 27-24 (a) Generators or dealers of scrap tires and transporters of 27-25 scrap tires are to be registered with the Commission before their 28-1 scrap tires can be accepted by a scrap tire facility or other 28-2 approved disposal site and the Commission may suspend or revoke a 28-3 generators' or dealers' or transporters' registration for; 28-4 (1) failure to maintain a complete and accurate record 28-5 of shipment of scrap tires; 28-6 (2) falsification of scrap tire shipping documents or 28-7 shipment records; 28-8 (3) delivery of scrap tires to a facility not 28-9 registered to handle the scrap tires; 28-10 (4) failure to comply with any rule or order issued by 28-11 the requirements of this act; 28-12 (5) illegal dumping of scrap tires; 28-13 (6) collection or transportation of scrap tires 28-14 without a registration as required in this act. 28-15 (b) Scrap tire facilities who process scrap tires are to be 28-16 registered with the Commission before collecting and receiving 28-17 scrap tires and the Commission may suspend or revoke a registration 28-18 or deny an initial registration for; 28-19 (1) failure to maintain complete and accurate records; 28-20 (2) falsification of any record maintained or received 28-21 by the registrant; 28-22 (3) illegal disposal of shredded tire pieces; 28-23 (4) failure to comply with any rule or order issued by 28-24 the pursuant to the requirements of 28-25 (5) this act; or 29-1 (6) failure to account to the Commission for 29-2 recycling, reuse or energy recovery activities within the 29-3 designated period established by rule or this act. 29-4 (c) Any person violating any provision of this act or any 29-5 rule, regulation or order made pursuant to this act shall, upon 29-6 conviction thereof, be fined a penalty of not less that $200.00 and 29-7 not more that $10,000.00 per violation. 29-8 (d) Any person may be assessed an administrative penalty by 29-9 the Commission, as provided by this act. Including costs associated 29-10 therewith, if the person violated this act or rules and regulations 29-11 adopted by the Commission, and no local government has instituted a 29-12 civil action and is diligently prosecuting the same person for the 29-13 same violation. 29-14 (e) In determining the amount of the administrative penalty 29-15 to be imposed, the Commission shall consider the following factors; 29-16 (1) the economic benefit gained from such violation; 29-17 (2) the economic viability of the violator; 29-18 (3) the severity of the violation, including any real 29-19 or potential injury to persons or property, or public health; 29-20 (4) the compliance history of the violator and record 29-21 of previous violations; 29-22 (5) efforts taken by the violator to correct the 29-23 violation; 29-24 (6) amount of penalty needed to deter future 29-25 violations; 30-1 (7) other matters that justice may require; 30-2 (f) At no time shall an administrative penalty fall below 30-3 the amount of economic benefit gained by violation of the law. 30-4 (g) Any person who dumps up to 50 scrap tires is in 30-5 violation of this section and can demonstrate that the dumping did 30-6 not occur for commercial purposed is guilty of a Class B 30-7 misdemeanor, Punishable as provided in Subsection (c) of this 30-8 section and; 30-9 (1) the court shall require the violator to pick up 30-10 the scrap tires he dumped and, at his cost, dispose of those scrap 30-11 tires at a registered scrap tire facility and; 30-12 (2) perform other community service commensurated with 30-13 the offense committed and; 30-14 (3) if the violation involves the use of a motor 30-15 vehicle, upon a finding of guilt, whether or not adjudication is 30-16 withheld or whether imposition of sentence is withheld, deferred, 30-17 or suspended, the court shall forward a record of the finding to 30-18 the Department of Highway Safety and Motor Vehicles, which shall 30-19 record a penalty of three points on the violator's driver's 30-20 license. 30-21 (h) Any person who dumps excess of 50 scrap tires for 30-22 commercial purposed is guilty of a Class A misdemeanor, punishable 30-23 as provided in Subsection (c) of this section and the 30-24 court may order the violator to; 30-25 (1) remove or render harmless the scrap tires that the 31-1 has dumped in violation of this section; 31-2 (2) repair or restore property damaged by, or pay 31-3 damages for any damage arising out of his dumping in violation of 31-4 this section; 31-5 (3) perform public service relating to the removal of 31-6 dumped scrap tires, at his own expense, in violation of this 31-7 section or to the restoration of an area polluted by dumped scrap 31-8 tires in violation of this section and; 31-9 (4) any motor vehicle, container, or machine used to 31-10 dump scrap tires is declared contraband and is subject to 31-11 forfeiture. 31-12 (i) Any penalties imposed and collected pursuant to this 31-13 act, less any costs for attorney, or other reasonable associated 31-14 costs, shall be deposited to the credit of the Commission to be 31-15 utilized for purposes related to the Scrap Tire Management Act. 31-16 (j) The Commission may issue orders to any permittee, 31-17 registrant, or any person in violation of this act or any rule 31-18 adopted and promulgated under this act and such orders shall be 31-19 enforceable as against such permittee, registrant, or violator. 31-20 (k) If the Commission finds that the operation of a scrap 31-21 tire generator or dealer, transporter, or scrap tire facility 31-22 subject to the provisions of this act is in violation of any 31-23 provision of this act, or any rule or regulation made pursuant to 31-24 this act, or any order of the Commission or any term or condition 31-25 of any registration issued pursuant to this act, or might 32-1 reasonably by expected to cause pollution of the land, air or 32-2 waters of Texas or is creating a public nuisance or otherwise 32-3 threatens human or animal health or the environment, the Commission 32-4 may bring action for mandatory or prohibitive injunctive relief in 32-5 the circuit court of Texas having jurisdiction over the property on 32-6 which the violation occurred or is expected to occur. 32-7 SECTION 20. REPORT. 32-8 (a) Not later than (3) three years after passage of this 32-9 act, and every (3) three years thereafter, the Commission shall 32-10 report to the Governor and the Legislature, on the administration 32-11 and the effectiveness of the program in cleaning up existing 32-12 enforcement scrap tire sites and in the prevention of new sites. 32-13 SECTION 21. EFFECTIVE DATE. 32-14 (a) This act takes effect on September 1st, 1999. 32-15 SECTION 22. REPEALER. 32-16 (a) All laws or parts of laws which conflict with this act 32-17 are repealed. 32-18 SECTION 23. The importance of this legislation and the 32-19 crowded condition of the calendars in both houses create an 32-20 emergency and an imperative public necessity that the 32-21 constitutional rule requiring bills to be read on three several 32-22 days in each house be suspended, and this rule is hereby suspended.