By: Madla S.B. No. 1645 99S0849/1 A BILL TO BE ENTITLED AN ACT 1-1 relating to the regulation of the storage, processing, use, and 1-2 disposal of scrap tires; providing administrative, civil, and 1-3 criminal penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. SHORT TITLE. This Act shall be known as the 1-6 Scrap Tire Recycling Management Act. 1-7 SECTION 2. DEFINITIONS. In this Act: 1-8 (1) "Business" means any trade, occupation, activity, 1-9 or enterprise engaged in the sale of tires in Texas. 1-10 (2) "Commission" means the Texas Natural Resource 1-11 Conservation Commission. 1-12 (3) "Generator or dealer" means any person, firm, or 1-13 corporation engaged in this state in the business of selling or 1-14 offering for sale to the ultimate consumer motor vehicle tires. 1-15 The term includes a motor vehicle dealer licensed to sell new motor 1-16 vehicles. 1-17 (4) "Generator or dealer of scrap tires" means a 1-18 person that accepts scrap tires for storage, is a fleet operator, 1-19 or is a new or used tire retailer, wholesaler, manufacturer, or 1-20 retreader. 1-21 (5) "End user" means a person that uses whole scrap 1-22 tires or shredded tire pieces for civil engineering applications or 1-23 practices, energy recovery, thermal decomposition, the manufacture 1-24 of a product with economic value, approved land reclamation 2-1 projects using shredded tires, or any other process or product that 2-2 the commission by rule determines meets the objectives of this Act. 2-3 The term does not include a person engaged in the production of 2-4 crumb rubber or in the baling of tires. 2-5 (6) "Enforcement scrap tire" means any scrap tire that 2-6 has been discarded and that is not part of the daily waste stream 2-7 from a generator or dealer of scrap tires or that has not been 2-8 deposited at a designated scrap tire collection site. 2-9 (7) "Enforcement scrap tire site" means a nonpermitted 2-10 tire storage area, as identified by state authorities, or any site 2-11 containing scrap tires which have been illegally disposed or 2-12 discarded, that is not a wholesale or retail generator or dealer or 2-13 a registered scrap tire collection site. 2-14 (8) "Executive director" means the executive director 2-15 of the commission. 2-16 (9) "Land reclamation project using shredded tires" 2-17 means a project approved by the commission that fills, 2-18 rehabilitates, improves, or restores excavated, deteriorated, or 2-19 disturbed land, using no more than 50 percent by volume of tire 2-20 pieces along with inert fill material, for the purpose of restoring 2-21 the land to its approximate natural grade and to prepare or reclaim 2-22 the land for reuse. 2-23 (10) "Manufacture reject tire" means a tire rendered 2-24 defective in the manufacturing process, regardless of whether the 2-25 tire is determined to be defective before or after consumer 2-26 purchase. 3-1 (11) "Motor vehicle" means an automobile, truck, van, 3-2 bus, trailer, semi-trailer combination, recreational vehicle, or 3-3 any other vehicle operated on the roads of the state and used to 3-4 transport persons or property. 3-5 (12) "New tire" means an originally manufactured tire 3-6 and shall not include any remanufactured, recapped, or otherwise 3-7 restored tire. 3-8 (13) "Person" means any individual, firm, trust, 3-9 partnership, company, corporation, association, state agency or 3-10 local governing agency, or any public or private legal entity. 3-11 (14) "Place of business" means all contiguous land, 3-12 buildings, structures, or other appurtenance, whether temporary or 3-13 permanent, used in the business of selling, repairing, refitting, 3-14 retreading, or otherwise handling new or used tires. 3-15 (15) "Process" means the act of shredding whole scrap 3-16 tires, which alters the form of the tires, for the future 3-17 extraction of useful materials for recycling or energy recovery or 3-18 the use of whole tires for energy recovery which renders the tires 3-19 unfit for use on a motor vehicle or for harborage of disease 3-20 vectors. 3-21 (16) "Processed tire" means a tire which has been 3-22 shredded to a particle size that can be utilized for future reuse, 3-23 recycling, or energy recovery. 3-24 (17) "Purchaser" means any individual, firm, trust, 3-25 partnership, company, corporation association, state agency, or 3-26 local governing agency, or any public or private legal entity that 4-1 buys new or used tires. 4-2 (18) "Recycling" means any process by which scrap 4-3 tires are collected, separated, stored, recovered, or processed and 4-4 reused or returned to use in the form of raw materials or products. 4-5 (19) "Scrap tire" means a tire that is no longer 4-6 suitable for its original intended purpose or determined to be 4-7 defective or unfit for use on a motor vehicle. 4-8 (20) "Scrap tire collection site" means a site, 4-9 designated by the commission, where used or scrap tires are 4-10 collected from the public that operates as a temporary storage site 4-11 and that stores less than 2,500 tires at any given time. 4-12 (21) "Scrap tire facility" means a permitted site 4-13 where discarded scrap tires are collected or deposited for 4-14 processing by shredding, whole tire consumption, or another 4-15 approved method, which alters the form of the tires for the future 4-16 extraction of useful materials for recycling or energy recovery. 4-17 (22) "Scrap tire storage facility" means a facility 4-18 required to be registered by the commission at which whole scrap 4-19 tires or shredded tire pieces are collected and stored to 4-20 facilitate the future extraction of useful material for recycling, 4-21 reuse, or energy recovery. 4-22 (23) "Scrap tire transporter" means any person who 4-23 collects or transports scrap tires. The term does not include the 4-24 transportation of processed shredded tire material to end users. 4-25 (24) "Tire" means a continuous solid or pneumatic 4-26 rubber covering which is used for encircling the wheel of a motor 5-1 vehicle. 5-2 SECTION 3. GENERAL RULE MAKING AUTHORITY. (a) In order to 5-3 adequately control disease vectors and other public health 5-4 nuisances associated with the transportation, storage, processing, 5-5 and disposal of scrap tires within Texas and to abate such 5-6 nuisances menacing the public health and the environment, the 5-7 commission is authorized to adopt rules for scrap tire management 5-8 to include scrap tire storage, transportation, processing, 5-9 recycling, and disposal practices; standards for scrap tire 5-10 facility construction and management; registration requirements for 5-11 scrap tire storage, transportation, and processing; and 5-12 documentation requirements for generators or dealers of scrap 5-13 tires, scrap tire processors, or scrap tire 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 no more than 500 scrap tires 5-25 accumulated at the place of business at any one time; or 5-26 (4) any other business as deemed appropriate by the 6-1 commission, provided that adequate measures for disease vector 6-2 control are employed in accordance with rules adopted by the 6-3 commission; it shall be the responsibility of the owner or operator 6-4 of the business to prevent the generation of disease vectors from 6-5 the place of business. 6-6 (c) A scrap tire collection site shall not operate in the 6-7 state except under a registration obtained from the commission 6-8 pursuant to the rules adopted under this Act. 6-9 (d) Any site upon which more than 100 tires are deposited, 6-10 placed, or stored subject to the elements, whether registered or 6-11 not, whether publicly or privately owned, and which does not 6-12 receive effective control of disease vectors, shall be considered a 6-13 public nuisance and shall be subject to abatement procedures. 6-14 (e) No person shall collect or process scrap tires in the 6-15 state until the person receives a scrap tire facility registration 6-16 from the commission. 6-17 (f) It shall be a violation of this Act for any person to 6-18 dispose of whole tires at a landfill in the state or at a site not 6-19 permitted or registered by the commission to receive scrap tires. 6-20 (g) All persons who dispose of scrap tires regulated by this 6-21 Act shall do so only at a scrap tire facility registered with the 6-22 commission. 6-23 (h) If the executive director determines that a rule adopted 6-24 under this Act is burdensome to industry or is unreasonably 6-25 interfering with commerce, then the executive director may alter 6-26 any adopted rule to ensure that the goals of this Act are achieved. 7-1 SECTION 4. GENERATORS OR DEALERS OF SCRAP TIRES. 7-2 (a) Generators or dealers of scrap tires shall be responsible for 7-3 accepting scrap tires from the consumer equal to the number of 7-4 tires sold, for assessing a reasonable disposal fee, and for making 7-5 those tires available to a registered scrap tire facility. All 7-6 scrap tires shall be transported, manifested, and delivered only to 7-7 a facility approved by the commission for receiving scrap tires. 7-8 (b) Generators or dealers of scrap tires: 7-9 (1) shall be responsible for ensuring that scrap tires 7-10 they collect are transported by a registered transporter of scrap 7-11 tires and shall share in the responsibility for ensuring that scrap 7-12 tires are delivered to a registered scrap tire facility. 7-13 (2) may collect a fee upon the sale of a whole tire to 7-14 be utilized to pay for the collection, transportation, and 7-15 processing of the generated scrap tires from the purchaser of the 7-16 whole tire. 7-17 (3) shall maintain records and an affidavit stating 7-18 the name of, the tax identification number or social security 7-19 number of, the address of, and the tire count from the purchaser if 7-20 the purchaser: 7-21 (A) does not have the tires mounted at the 7-22 location of purchase; 7-23 (B) requests to take the scrap tires off the 7-24 premises, in which case the purchaser shall state on the affidavit 7-25 the reason for not leaving the scrap tires with the generator or 7-26 dealer; or 8-1 (C) refuses to pay a reasonable recycling fee 8-2 for the scrap tires the purchaser generates, in which case 8-3 purchaser is required to sign an affidavit stating so, and the 8-4 generator or dealer of scrap tires shall submit the purchaser's 8-5 name and a copy of the affidavit to the regional office of the 8-6 commission; and 8-7 (c) A generator or dealer of scrap tires shall: 8-8 (1) contact the commission, identify the business as a 8-9 scrap tire generator, and provide the business name, mailing 8-10 address, street address, or physical location and the city in which 8-11 the business is located; 8-12 (2) submit its business tax identification number as a 8-13 registration number to the commission; 8-14 (3) pay a registration fee of $25 per location 8-15 biannually to the commission; and 8-16 (4) notify the commission within 15 days, in writing, 8-17 of any changes to generator or dealer information as contained in 8-18 the commission records. 8-19 (d) A generator or dealer of scrap tires shall establish and 8-20 maintain a record of each individual collection in the form of a 8-21 manifest that shall include: 8-22 (1) the name and address of the person who generated 8-23 the scrap tires and the date of collection; 8-24 (2) the generator or dealer's tax identification 8-25 number; 8-26 (3) the weight or count of scrap tires collected for 9-1 transportation; 9-2 (4) the name of the individual who is collecting, 9-3 transporting, and depositing the scrap tires and the commission 9-4 transporter number; 9-5 (5) the date and place where the scrap tires were 9-6 deposited; 9-7 (6) the permit number of registration number, 9-8 location, and name of the operator of the facility where scrap 9-9 tires were deposited; and 9-10 (7) the name and signature of the facility 9-11 representative acknowledging receipt of the scrap tires and the 9-12 weight received. 9-13 (e) Manifest copies shall be retained by the generators or 9-14 dealers of scrap tires, transporters, and facility operators for 9-15 three years and made available to the commission or the comptroller 9-16 upon request. 9-17 (f) Generators or dealers of scrap tires may store the tires 9-18 at the location where they are generated for a period not greater 9-19 than 90 days if those scrap tires do not exceed 500 tires on the 9-20 ground or 1,500 scrap tires in an enclosed lockable container. 9-21 (g) Generators or dealers of scrap tires shall be subject to 9-22 random audits by the commission as to compliance of the 9-23 requirements set forth in this Act. 9-24 (h) Generators or dealers of scrap tires found to be in 9-25 violation of this Act may have their registration revoked, shall 9-26 face fines of not less than $200 and not more than $10,000 per 10-1 violation, and shall be subject to the penalties specified in 10-2 Section 19 of this Act. 10-3 (j) A purchaser who is found to be in violation of this Act 10-4 shall be subject to the penalties of Section 19 of this Act and any 10-5 other rule adopted by the commission. 10-6 SECTION 5. TRANSPORTERS OF SCRAP TIRES. (a) In this 10-7 section, a transporter of whole scrap tires includes a person 10-8 transporting scrap tires on a roadway, railway, or waterway. 10-9 (b) A transporter of whole scrap tires shall register with 10-10 the commission prior to commencing operations and, as a part of the 10-11 registration shall: 10-12 (1) identify the transporter as being in the business 10-13 of transporting whole scrap tires; 10-14 (2) provide the transporter's business name, mailing 10-15 address, street address or other location, and the city in which 10-16 the transporter is located; and 10-17 (3) pay a $100 maximum registration fee biannually to 10-18 the commission. 10-19 (c) Delivery requirements for transporters of whole scrap 10-20 tires shall include: 10-21 (1) depositing scrap tires at a registered scrap tire 10-22 facility where the operator of the facility agrees to receive scrap 10-23 tires; and 10-24 (2) possessing an agreement with an individual 10-25 facility or class of facilities to receive scrap tires. 10-26 (d) A transporter of whole scrap tires shall initiate a 11-1 manifest that shall include: 11-2 (1) the name and address of the person who generated 11-3 the scrap tires and the date of collection; 11-4 (2) the generator or dealer's tax identification 11-5 number; 11-6 (3) the weight or count of scrap tires collected; 11-7 (4) the name of the individual who is collecting, 11-8 transporting, and depositing the scrap tires and the commission 11-9 transporter number; 11-10 (5) the date and place where the scrap tires were 11-11 deposited; 11-12 (6) the permit number or registration number, 11-13 location, and name of the operator of the facility where scrap 11-14 tires were deposited; and 11-15 (7) the name and signature of the facility 11-16 representative acknowledging receipt of the scrap tires and the 11-17 weight received. 11-18 (e) Manifest copies shall be retained by the generator or 11-19 dealer, transporter, and facility operator for three years and made 11-20 available to the commission upon request. 11-21 (f) Transporters of whole scrap tires found to be in 11-22 violation of this Act may have their registration revoked, shall 11-23 face fines of not less than $200 and not more than $10,000 per 11-24 violation, and shall be subject to the penalties specified in 11-25 Section 19 of this Act. 11-26 (g) Transporters of whole scrap tires may not collect tires 12-1 from generators or dealers who do not have a registration from the 12-2 commission. 12-3 (h) Commercial haulers who transport scrap tires from a 12-4 scrap tire facility to an end user are not required to register. 12-5 SECTION 6. SCRAP TIRE FACILITIES. (a) A registration shall 12-6 be required from the commission for a scrap tire facility. 12-7 (b) A scrap tire facility shall pay a registration fee of 12-8 $500, and the registration shall be valid for 60 months, at which 12-9 time the scrap tire facility shall apply for a renewed 12-10 registration. 12-11 (c) A scrap tire facility shall process all scrap tires 12-12 within 90 days after the date of receipt. 12-13 (d) Operators of scrap tire facilities shall ensure that the 12-14 scrap tire transporters who deposit scrap tires at their facilities 12-15 are properly registered with the commission, and the commission 12-16 shall provide a scrap tire facility an approved transporter's 12-17 quarterly. 12-18 (e) Scrap tire facilities shall maintain copies of manifests 12-19 received from transporters of scrap tires and shall ensure that the 12-20 information is completed on the manifests prescribed by Sections 12-21 4(e) and 5(d) of this Act and shall report any observed violation 12-22 of this Act to the commission and the commission shall have 30 days 12-23 to respond to any violation reported. 12-24 (f) The reporting activities of a scrap tire facility shall 12-25 be documented in terms of weight. 12-26 (g) All documentation is to be kept by the scrap tire 13-1 facility for a period of three years and made available for the 13-2 commission's inspection. 13-3 (h) Scrap tire facilities shall not accept tires from 13-4 generators or dealers of scrap tires or transporters who do not 13-5 have a registration from the commission and shall report to the 13-6 commission those persons who do not have a registration as required 13-7 by this Act. 13-8 (i) Scrap tire facilities found to be in violation of this 13-9 Act may have their registration revoked, shall face fines of not 13-10 less than $200 and not more than $10,000 per violation, and shall 13-11 be subject to the penalties specified in Section 19 of this Act. 13-12 SECTION 7. SCRAP TIRE STORAGE FACILITY. (a) A registration 13-13 shall be required from the commission for a scrap tire storage 13-14 facility. 13-15 (b) A scrap tire storage facility shall pay a registration 13-16 fee of $500, and the registration shall be valid for 60 months, at 13-17 which time the scrap tire facility shall apply for a renewed 13-18 registration. 13-19 (c) Scrap tire storage facilities shall maintain copies of 13-20 manifests received from transporters of scrap tires and shall 13-21 ensure that the information is completed on the manifests 13-22 prescribed by Sections 4(e) and 5(d) of this Act. 13-23 (d) The reporting activities of the scrap tire storage 13-24 facility shall be documented in terms of weight. 13-25 (e) All documentation is to be kept by the scrap tire 13-26 storage facility for a period of three years and made available for 14-1 the commission's inspection. 14-2 (f) A scrap tire storage facility shall not exceed the 14-3 registered storage capacity approved by the commission. 14-4 (g) A scrap tire storage facility that exceeds its 14-5 registered storage capacity shall immediately cease accepting 14-6 additional whole scrap tires or shredded tire pieces until the 14-7 scrap tire storage facility can demonstrate to the commission that 14-8 volumes of whole scrap tires or shredded tire pieces have been 14-9 removed from the scrap tire storage facility to an approved end 14-10 user or other approved means of volume reduction that have reduced 14-11 the stored volume to less than the total approved capacity. 14-12 (h) Scrap tire storage facilities requesting a new 14-13 registration from the commission after January 1, 1998, shall be 14-14 required to limit their storage area to a 180-day supply, to be 14-15 determined by the commission, unless the applicant can demonstrate 14-16 that it has a contracted approved end use that will require a 14-17 larger volume of shredded scrap tires to be stored. 14-18 (i) Scrap tire storage facilities registered with the 14-19 commission before January 1, 1998, that are still active sites 14-20 shall be exempt from the provisions in Subsection (h) of this 14-21 section but shall be prohibited from expanding their approved 14-22 storage. 14-23 (j) Scrap tire facilities found to be in violation of this 14-24 Act may have their registration revoked, shall face fines of not 14-25 less than $200 and not more than $10,000 per violation, and shall 14-26 be subject to the penalties specified in Section 19 of this Act. 15-1 SECTION 8. PRIORITY ENFORCEMENT STORAGE SITE. (a) It shall 15-2 be the duty of each county within the state to make an inventory of 15-3 scrap tire piles that have been deposited within that county in a 15-4 nonpermitted area. 15-5 (b) The commission shall make an estimate of the amount of 15-6 tires that are in the scrap tire pile, the location of the pile, 15-7 the proximity of major highways and municipalities, and the legal 15-8 description of the property. 15-9 (c) The commission shall assess the degree and type of 15-10 hazards the scrap tire pile presents to the public. 15-11 (d) It shall be unlawful to bury whole, split, or quartered 15-12 tires at the scrap tire pile sites, and these tires must be removed 15-13 to a registered scrap tire facility. 15-14 (e) The commission shall rate enforcement scrap tire storage 15-15 sites as to the environmental impact they present to the public and 15-16 shall have the authority to contract with a registered scrap tire 15-17 facility for cleanup of those stockpiled scrap tires according to 15-18 the rating, provided that funds are available to the commission for 15-19 the purposes described in Section 11(c) of this Act. 15-20 (f) The commission is authorized to adopt rules necessary 15-21 for the administration, collection, reporting, and payment of fees 15-22 payable or to be collected under this Act. 15-23 (g) The commission is authorized to assess fees or penalties 15-24 associated with an enforcement scrap tire site against a 15-25 responsible party if the commission deems the action necessary. 15-26 SECTION 9. PROGRAM FUNDING. (a) A person in the business 16-1 of selling new or used tires, of any type or description, who sells 16-2 or offers to sell new or used tires not for resale shall collect at 16-3 the time and place of sale a scrap tire management fee for each 16-4 tire sold in the amount of 75 cents per tire. 16-5 (b) This fee shall be known as the scrap tire management fee 16-6 and shall be levied against all tires, new or used, for all 16-7 over-the-road-highway vehicles including passenger vehicles, pickup 16-8 trucks, truck tractors, trailers of all kinds, recreational 16-9 vehicles, motor homes, and motorcycles. 16-10 (c) Every tire subject to the fee levied in this section 16-11 shall have added to the purchase cost of the tire the designated 16-12 fee, and the fee shall be stated on the invoice as a scrap tire 16-13 management fee. 16-14 (d) The fee levied in this section shall be collected from 16-15 the purchaser of the new or used tire and shall in no way relieve 16-16 any person of the duty to collect the fee, nor shall the inability, 16-17 refusal, or failure to collect, or the impracticability of 16-18 collecting, from such purchaser the amount provided herein relieve 16-19 such person of responsibility for the fees. 16-20 (e) Fees collected under this section shall be remitted to 16-21 the comptroller, together with forms prescribed and furnished by 16-22 the comptroller, on or before the 20th day of the month following 16-23 the month in which the fee was levied. 16-24 (f) The comptroller is authorized to promulgate such rules 16-25 for the ascertaining, assessing, collecting, and remitting of the 16-26 fee imposed by this section as the comptroller may deem necessary 17-1 to administer and enforce its provisions as authorized under this 17-2 Act. 17-3 SECTION 10. SCRAP TIRE MANAGEMENT FUND. (a) The scrap tire 17-4 management fund is created as an account in the general revenue 17-5 fund. The fund shall be administered by the comptroller pursuant 17-6 to the provisions of Section 11 of this Act. 17-7 (b) The scrap tire management fund shall consist of: 17-8 (1) all funds received by the comptroller as proceeds 17-9 from the fees imposed pursuant to Section 9 of this Act; 17-10 (2) interest attributable to the investment of money 17-11 in the fund; and 17-12 (3) funds received by the comptroller in the form of 17-13 gifts, grants, reimbursements, and fines or from any other source 17-14 intended to be used for the purposes specified or collected 17-15 pursuant to this Act. 17-16 (c) The money deposited in the fund shall at no time become 17-17 part of the general budget of the commission, comptroller, any 17-18 other state agency, or general revenue except as provided in 17-19 Section 11 of this Act. 17-20 (d) All money in the fund shall be appropriated to the 17-21 commission to be utilized or disbursed as specified in this Act. 17-22 SECTION 11. ALLOCATION OF FUNDS. (a) All money in the fund 17-23 is hereby continuously appropriated to the commission and 17-24 comptroller to be utilized or disbursed as specified in this Act. 17-25 (b) The money to the fund shall be used to pay: 17-26 (1) the commission's reasonable and necessary 18-1 administrative costs of performing its duties under this Act, in an 18-2 amount not to exceed 30 percent of the money annually accruing to 18-3 the fund; and 18-4 (2) the comptroller's reasonable and necessary 18-5 administrative costs of performing its duties under this Act, in an 18-6 amount not to exceed 15 percent of the money annually accruing to 18-7 the fund. 18-8 (c) The remaining money in the fund shall be allocated 18-9 pursuant to the provisions of this Act to pay for: 18-10 (1) the cleanup of enforcement scrap tire sites and 18-11 other related projects under the supervision of the commission; 18-12 (2) special priority projects such as community 18-13 cleanups and county cleanups; and 18-14 (3) contingencies as authorized by the commission. 18-15 SECTION 12. ENFORCEMENT SCRAP TIRE SITE CLEANUP PAYMENT 18-16 PROCEDURE. (a) An application for payment to a registered scrap 18-17 tire facility shall be on forms as provided by the commission and 18-18 shall provide documentation of the collection and removal of 18-19 enforcement scrap tires. 18-20 (b) No person shall process scrap tires in the state or 18-21 receive payment under this Act for collecting and processing 18-22 enforcement scrap tires until the person receives a scrap tire 18-23 facility registration from the commission. 18-24 (c) A scrap tire facility shall submit a payment 18-25 application report by the 10th day following the month for which 18-26 payment is sought. The report shall include: 19-1 (1) the company name, facility address, permit number, 19-2 reporting period, and name of the person submitting the report; 19-3 (2) a report of the manifest ticket for each load 19-4 removed from the enforcement scrap tire site; and 19-5 (3) the starting date of collection and delivery of 19-6 enforcement scrap tires, with the total weight and monthly totals. 19-7 (d) The commission shall contract with the scrap tire 19-8 facility that is assigned the cleanup of an enforcement scrap tire 19-9 site and: 19-10 (1) the compensation rate shall be determined through 19-11 either a request for proposal bid process or other suitable means 19-12 approved by the executive director for payment of the scrap tires 19-13 removal at that specific site; and 19-14 (2) scrap tire facilities must demonstrate end-use 19-15 capabilities, as outlined in Section 15 of this Act, equal to the 19-16 volume by weight of scrap tires or shredded tire pieces that is 19-17 removed from an enforcement scrap tire site. 19-18 (e) The commission shall review and submit payment to the 19-19 qualifying scrap tire facility within 20 days of receipt of the 19-20 payment application. 19-21 (f) Scrap tire facilities found to be in violation of this 19-22 section may have their registration revoked, shall face fines of 19-23 not less than $200 and not more than $10,000 per violation, and 19-24 shall be subject to the penalties specified in Section 19 of this 19-25 Act. 19-26 SECTION 13. ACCESS TO PRIORITY ENFORCEMENT LIST SITE. 20-1 (a) Commission members or employees or agents of the commission 20-2 may enter any public or private property at any reasonable time for 20-3 the purpose of inspecting, investigating, or remediating any 20-4 condition related to the illegal dumping of scrap tires. 20-5 (b) The executive director shall give notice of intent to 20-6 enter private property for the purposes described by Subsection (a) 20-7 of this section by certified mail to the last known address 20-8 indicated in the current county property records at least 10 days 20-9 before a commission member or commission employee or agent enters 20-10 the property. 20-11 (c) A commission member, commission employee, agent, or 20-12 subcontractor who, acting under this subsection, enters private 20-13 property shall: 20-14 (1) observe the occupant's rules concerning safety, 20-15 internal security, and fire protection; and 20-16 (2) if the property has management in residence, make 20-17 a reasonable attempt to notify the management or person in charge 20-18 of the entry and exhibit credentials. 20-19 SECTION 14. RESPONSIBILITIES OF THE COMMISSION. (a) The 20-20 commission shall be responsible for ensuring that all generators or 20-21 dealers of scrap tires accept scrap tires from consumers for the 20-22 purposes of recycling or disposal and make available those scrap 20-23 tires only to registered scrap tire facilities or other recycling 20-24 or disposal sites approved by the commission. 20-25 (b) The comptroller shall provide to the commission a list 20-26 of businesses that have been designated as tire dealers, and the 21-1 commission shall, by July 15, 1999, send to the generators or 21-2 dealers of scrap tires written notification that: 21-3 (1) generators or dealers of scrap tires shall be 21-4 responsible for ensuring that all scrap tires generated, collected, 21-5 or accumulated from that business are sent to a registered scrap 21-6 tire facility or other disposal site approved by the commission; 21-7 (2) the effective date for full compliance with this 21-8 Act is September 1, 1999; and 21-9 (3) any generator or dealer of scrap tires the 21-10 commission finds not to be in full compliance with this Act on 21-11 September 1, 1999, shall be subject to the penalties set forth by 21-12 this Act and by any rules adopted by the commission. 21-13 (c) The commission shall require a monthly report from 21-14 registered scrap tire facilities or other approved disposal sites 21-15 and scrap tire transporters providing the following information: 21-16 (1) the name, address, and county of the generator or 21-17 dealer of scrap tires and the date the scrap tires were collected; 21-18 (2) the generator or dealer tax identification number; 21-19 (3) the weight or count of scrap tires collected for 21-20 transportation; and 21-21 (4) the name of the person who is collecting, 21-22 transporting, and depositing scrap tires and the commission 21-23 transporter number. 21-24 (d) The commission shall determine a generator or dealer's 21-25 compliance with this Act by compiling a list of registered 21-26 generators or dealers in the state and comparing this list to the 22-1 monthly reports supplied by the scrap tire facilities or other 22-2 approved disposal sites. 22-3 (e) Generators or dealers of scrap tires for whom the 22-4 information on the commission's list and the monthly reports does 22-5 not match shall be listed by county location, and that list shall 22-6 be submitted to the appropriate regional offices of the commission 22-7 that fall into the respective counties' areas. The appropriate 22-8 regional office shall conduct an inspection of a generator or 22-9 dealer of scrap tires who is listed by the commission under this 22-10 subsection to determine if the generator or dealer is in 22-11 noncompliance. If the generator or dealer of scrap tires is found 22-12 to be in noncompliance, then that person shall be subject to 22-13 penalties as outlined in Section 19 of this Act. 22-14 (f) The commission shall provide to the regional offices the 22-15 generators or dealers of scrap tires inspection list under 22-16 Subsection (e) of this section within 30 days after receiving the 22-17 required reports from the registered scrap tire facilities or other 22-18 approved disposal sites. 22-19 (g) The regional offices shall report to the commission 22-20 their findings from the inspections as to compliance by the 22-21 generators or dealers of scrap tires. 22-22 (h) The commission shall promote, encourage, and provide all 22-23 the assistance possible in the directing of all scrap tires to a 22-24 recyclable end use. 22-25 SECTION 15. END USE OF SCRAP TIRES. (a) The commission 22-26 shall allow the use of scrap tires for a commercial purpose in the 23-1 state, provided the end use is for: 23-2 (1) energy recovery; 23-3 (2) civil engineering, including: 23-4 (A) landfill leachate projects; 23-5 (B) septic systems; 23-6 (C) highway projects approved by the Texas 23-7 Department of Transportation; 23-8 (D) land reclamation projects using shredded 23-9 tires; or 23-10 (E) any other use the executive director deems 23-11 appropriate and in compliance with the intent of this Act; or 23-12 (3) the manufacture of products from rubber derived 23-13 from shredded tire pieces. 23-14 (b) The executive director shall have 60 days to approve or 23-15 disapprove any end-use request submitted to the commission. 23-16 (c) If the commission disapproves an end-use request, the 23-17 commission shall provide a written explanation of the reason for 23-18 the disapproval. 23-19 (d) The commission shall encourage and promote end use of 23-20 scrap tires generated within the state. 23-21 SECTION 16. WHOLE TIRE LANDFILL BAN. (a) Whole scrap tires 23-22 shall be banned from disposal in landfills within the state. 23-23 (b) Scrap tires may be landfilled only if: 23-24 (1) the executive director determines that there is a 23-25 deficiency of scrap tire collections due to an area of the state 23-26 that does not have sufficient end uses to consume the generated 24-1 scrap tires in that area; 24-2 (2) the landfill accepting the tires has obtained a 24-3 registration and permit modification from the commission; 24-4 (3) the tires as processed have been reduced in size 24-5 by one-sixth to eliminate any air pockets; 24-6 (4) the tires are placed apart from other municipal 24-7 solid waste; and 24-8 (5) the landfill has collected any state-mandated fees 24-9 pertaining to municipal solid waste. 24-10 (c) Whole scrap tires shall not be deposited in any monofill 24-11 or land reclamation project. If whole scrap tires are found to 24-12 have been deposited in a monofill or land reclamation project and 24-13 exposed to the open air, regardless of when the scrap tires were 24-14 deposited, the monofill or land reclamation project shall be 24-15 declared an enforcement scrap tire site. 24-16 (d) Exemptions from Subsection (a) of this section are as 24-17 follows: 24-18 (1) tires considered to be off-the-road tires which 24-19 are managed by a plan approved by the commission; 24-20 (2) solid tires; and 24-21 (3) manufacturers' reject tires, for which a disposal 24-22 plan has been submitted to and approved by the commission. 24-23 (e) The executive director may declare a prohibition on the 24-24 landfilling of shredded tire pieces in any area of the state in 24-25 which it is demonstrated that all scrap tires in the area have an 24-26 end use. 25-1 SECTION 17. FINANCIAL RESPONSIBILITY. (a) A registered 25-2 scrap tire facility required to register under this Act shall 25-3 submit to the commission, and shall maintain, evidence of financial 25-4 responsibility in an amount adequate to assure proper cleanup and 25-5 closure of the facility. 25-6 (b) A scrap tire facility owner or operator or an end user 25-7 who anticipates accepting for storage an amount of whole scrap 25-8 tires or shredded tire pieces that exceeds the facility's 30-day 25-9 supply shall submit to the commission, and shall maintain, evidence 25-10 of financial responsibility in an amount adequate to assure proper 25-11 cleanup and closure of the facility. 25-12 (c) A facility subject to Subsection (a) or (b) of this 25-13 section shall submit to the commission an estimate of the total 25-14 amount of whole scrap tires and shredded tire pieces measured by 25-15 weight to be stored by the facility and the estimated cost, using 25-16 that total amount, of cleaning up and closing the facility. 25-17 (d) Scrap tire facilities registered before January 1, 1998, 25-18 that have received an approval letter from the commission renewing 25-19 their registration shall be in compliance with this section until 25-20 the date of their next renewal period. 25-21 (e) Evidence of financial responsibility may be in the form 25-22 of: 25-23 (1) a performance bond, surety bond, or letter of 25-24 credit acceptable to the commission that is from a financial 25-25 institution, a trust fund, or insurance if the facility is a 25-26 privately owned facility; or 26-1 (2) a cash payment in the full amount determined under 26-2 Subsection (c) of this section. 26-3 SECTION 18. ENFORCEMENT BY CERTAIN COUNTY OR MUNICIPAL 26-4 EMPLOYEES. (a) Employees of counties or municipalities whose duty 26-5 it is to ensure compliance with or to enforce codes and ordinances 26-6 may be designated by the governing body of the county or the 26-7 municipality to enforce the provisions of this Act. 26-8 (b) This section does not limit the authority of any state 26-9 or local agency to enforce other laws, rules, or ordinances 26-10 relating to scrap tire dumping or solid waste management. 26-11 SECTION 19. PENALTIES FOR VIOLATION. (a) Generators or 26-12 dealers of scrap tires and transporters of scrap tires are to be 26-13 registered with the commission before their scrap tires can be 26-14 accepted by a scrap tire facility or other approved disposal site 26-15 and the commission may suspend or revoke a generator's or dealer's 26-16 or transporter's registration for: 26-17 (1) failure to maintain a complete and accurate record 26-18 of shipment of scrap tires; 26-19 (2) falsification of scrap tire shipping documents or 26-20 shipment records; 26-21 (3) delivery of scrap tires to a facility not 26-22 registered to handle the scrap tires; 26-23 (4) failure to comply with any rule or order issued by 26-24 the requirements of this Act; 26-25 (5) illegal dumping of scrap tires; or 26-26 (6) collection or transportation of scrap tires 27-1 without a registration as required by this Act. 27-2 (b) Scrap tire facilities that process scrap tires are to be 27-3 registered with the commission before collecting and receiving 27-4 scrap tires, and the commission may suspend or revoke a 27-5 registration or deny an initial registration for: 27-6 (1) failure to maintain complete and accurate records; 27-7 (2) falsification of any record maintained or received 27-8 by the registrant; 27-9 (3) illegal disposal of shredded tire pieces; 27-10 (4) failure to comply with any rule or order issued by 27-11 the commission pursuant to the requirements of this Act; or 27-12 (5) failure to account to the commission for 27-13 recycling, reuse, or energy recovery activities within the 27-14 designated period established by rule or this Act. 27-15 (c) Any person violating any provision of this Act or any 27-16 rule, regulation, or order made pursuant to this Act shall, upon 27-17 conviction thereof, be fined a penalty of not less than $200 and 27-18 not more than $10,000 per violation. 27-19 (d) Any person may be assessed an administrative penalty by 27-20 the commission, as provided by this Act, including associated 27-21 costs, if the person violates this Act or the rules and regulations 27-22 adopted by the commission and if no local government has instituted 27-23 a civil action and is diligently prosecuting the person for the 27-24 violation. 27-25 (e) In determining the amount of the administrative penalty 27-26 to be imposed, the commission shall consider the following factors: 28-1 (1) the economic benefit gained from the violation; 28-2 (2) the economic viability of the violator; 28-3 (3) the severity of the violation, including any real 28-4 or potential injury to persons or property or the public health; 28-5 (4) the compliance history of the violator and the 28-6 record of previous violations; 28-7 (5) efforts taken by the violator to correct the 28-8 violation; 28-9 (6) the amount of penalty needed to deter future 28-10 violations; and 28-11 (7) other matters that justice may require. 28-12 (f) An administrative penalty shall not be less than the 28-13 amount of economic benefit gained by the violation of the law. 28-14 (g) Any person who dumps not more than 50 scrap tires and 28-15 who can demonstrate that the dumping did not occur for a commercial 28-16 purpose is guilty of a Class B misdemeanor, punishable as provided 28-17 by Subsection (c) of this section. The court shall require the 28-18 violator to: 28-19 (1) pick up the scrap tires and, at the violator's 28-20 expense, dispose of the tires at a registered scrap tire facility; 28-21 and 28-22 (2) perform other community service commensurate with 28-23 the offense committed. 28-24 (h) If the violation under Subsection (g) of this section 28-25 involves the use of a motor vehicle, upon a finding of guilt, 28-26 whether or not adjudication or imposition of the sentence is 29-1 withheld, deferred, or suspended, the court shall forward a record 29-2 of the finding to the Texas Department of Transportation, which 29-3 shall record a penalty of three points on the violator's driver's 29-4 license. 29-5 (i) Any person who dumps more than 50 scrap tires for a 29-6 commercial purpose is guilty of a Class A misdemeanor, punishable 29-7 as provided by Subsection (c) of this section. The court may order 29-8 the violator to: 29-9 (1) remove or render harmless the scrap tires the 29-10 person has dumped in violation of this section; 29-11 (2) repair or restore property damaged by, or pay for, 29-12 any damage arising from the dumping of scrap tires in violation of 29-13 this section; and 29-14 (3) perform at the person's own expense public service 29-15 relating to the removal of scrap tires dumped in violation of this 29-16 section or to the restoration of an area polluted by scrap tires 29-17 dumped in violation of this section. 29-18 (j) Any motor vehicle, container, or machine used to dump 29-19 scrap tires is declared contraband and is subject to forfeiture. 29-20 (k) Any penalties imposed and collected pursuant to this 29-21 Act, less any attorney's fees or other reasonable associated costs, 29-22 shall be deposited with the comptroller to the credit of the 29-23 commission to be utilized for purposes related to this Act. 29-24 (l) the commission may issue orders to any permittee, 29-25 registrant, or person in violation of this Act or of any rule 29-26 adopted and promulgated under this Act, and such orders shall be 30-1 enforceable as against such permittee, registrant, or violator. 30-2 (m) If the commission finds that the operation of a 30-3 generator or dealer of scrap tires, scrap tire transporter, or 30-4 scrap tire facility subject to the provisions of this Act is in 30-5 violation of any provision of this Act, or of any rule or 30-6 regulation made pursuant to this Act, or of any order of the 30-7 commission or any term or condition of any registration issued 30-8 pursuant to this Act, or might reasonably be expected to cause 30-9 pollution of the land, air, or waters of the state or is creating a 30-10 public nuisance or otherwise threatens human or animal health or 30-11 the environment, the commission may bring an action for injunctive 30-12 relief in the district court having jurisdiction over the property 30-13 on which the violation occurred or is expected to occur. 30-14 SECTION 20. REPORT. Not later than three years after 30-15 passage of this Act, and every three years thereafter, the 30-16 commission shall report to the governor and the legislature on the 30-17 administration and effectiveness of the program in cleaning up 30-18 existing enforcement scrap tire sites and in the prevention of new 30-19 sites. 30-20 SECTION 21. EFFECTIVE DATE. (a) This Act takes effect 30-21 September 1, 1999, except as provided by Subsection (b) of this 30-22 section. 30-23 (b) Section 14 of this Act takes effect immediately. 30-24 SECTION 22. CONFLICT WITH OTHER LAW. This Act prevails to 30-25 the extent of a conflict between this Act and any other law. 30-26 SECTION 23. EMERGENCY. The importance of this legislation 31-1 and the crowded condition of the calendars in both houses create an 31-2 emergency and an imperative public necessity that the 31-3 constitutional rule requiring bills to be read on three several 31-4 days in each house be suspended, and this rule is hereby suspended, 31-5 and that this Act take effect and be in force according to its 31-6 terms, and it is so enacted.