|SB 0112||Waste tire fee, rules, cleanups|
|Last Action:||01/31/95 - Bill Combined w/SCS/SB 60 & 112|
|Title:||SCS/SB 60 & 112|
|Effective Date:||August 28, 1995|
SB 112 - WASTE TIRES - The term "tire" shall include tires used on any vehicle not used exclusively on tracks (such as light rail) except for farm tractors and implements of family farms.
The act establishes criminal penalties for unlawful hauling, collection or processing of waste tires (currently only disposal is subject to criminal penalty). The first violation is raised from a Class C to Class A misdemeanor, the second violation shall remain a Class A misdemeanor and any subsequent violation is increased from a Class A misdemeanor to a Class D felony.
Waste tire processors and waste tire end-user facilities shall be registered with the Department of Natural Resources. The Department shall, by Jan. 1, 1996, promulgate the rules needed to register waste tire processing end-user facilities. Waste tire sites may be maintained by registered end-users. Beginning August 28, 1995, no new waste tire sites may be permitted except at a processing or end-user facility. Existing tire sites may not accept additional tires unless an equal number of tires are shipped from the site within 30 days. A processing or end-user facility may maintain an inventory of up to two- month's supply of unprocessed tires and up to six month's supply of processed tires.
All retailers shall accept an equal number of waste tires from a customer buying tires, and may charge a reasonable fee for disposal of any tires which are accepted. Any person buying a new tire shall present to the retailer the replaced tire or certify that the person has a legitimate use for the waste tire and shall dispose of it lawfully. All retailers shall use a permitted tire hauler, except that businesses which generate waste tires may haul those tires without a permit.
The Department shall, by Jan. 1, 1996, promulgate rules requiring arrangements among waste tire generators, haulers and owners of processing and end-user facilities. The rules shall allow for a manifest system, and record keeping to ensure that all handling of waste tires is documented by the department. The Department shall, by Jan. 1, 1996, promulgate rules for record keeping procedures for retailers, haulers, collections centers, tire sites, processing facilities and end-user facilities. The Department may request the Attorney General or a prosecutor to institute a prosecution for any waste tire law violation. The Department shall maintain an up-to-date list of permitted haulers and registered processing and end-user facilities and shall send the list twice each year to all tire generators, permitted haulers and registered processing and end-user facilities.
The state fee on retail tire sales is increased from fifty cents to one dollar per tire, beginning on Jan. 1, 1996. The exemption from the fee for tires exempt from sales tax is removed, and the fee is extended until January 1, 2001. The fees shall be used for the following purposes: 1) up to 5% for educational programs, 2) up to 15% for administration, 3) up to 5% for grants and 4) the remainder shall be used for cleanups under section 260.276, RSMo. The Department and the Environmental Improvement and Energy Resources Authority shall administer the grant program for converting facilities to use waste tires, and state agencies may not receive such grants.
Financial assurance at existing waste tire sites shall only be required for tires placed at the site after Jan. 1, 1991.
The Department shall conduct cleanup of illegal tire sites, subject to appropriation. A charitable or nonprofit organization may bid to conduct such cleanup operations. State agencies may not bid to do waste tire cleanups. Organizations which voluntarily clean up land or water resources may turn in waste tires under rules established by the Department.
This act is similar to the portion of SB 60 (1995) pertaining to waste tires.
The act contains penalty provisions.