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.