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.