PRINTER'S NO. 1077
No. 969 Session of 1999
INTRODUCED BY ARGALL, MUNDY, HERSHEY, GEORGE, DALLY, HARHART,
LEH, BELFANTI, BARD, HUTCHINSON, RUBLEY, McCALL, EACHUS,
PHILLIPS, HASAY, BATTISTO, CALTAGIRONE, CAPPABIANCA, CAWLEY,
CHADWICK, CIVERA, CLYMER, L. I. COHEN, CORRIGAN, CURRY,
DeLUCA, FAIRCHILD, FREEMAN, GEIST, GRUCELA, HALUSKA, HARHAI,
HENNESSEY, HERMAN, HORSEY, JOSEPHS, KENNEY, LAUGHLIN,
LEDERER, LESCOVITZ, LEVDANSKY, LUCYK, MAHER, MASLAND,
McILHINNEY, MELIO, MYERS, NICKOL, ORIE, RAMOS, READSHAW,
ROONEY, SAINATO, SAYLOR, SEMMEL, SERAFINI, SEYFERT, SHANER,
B. SMITH, STABACK, STEELMAN, STERN, SURRA, TANGRETTI,
E. Z. TAYLOR, TIGUE, TRELLO, TRICH, VANCE, WILLIAMS, WILT,
YOUNGBLOOD AND ZUG, MARCH 22, 1999
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 22, 1999
AN ACT
1 Amending the act of December 19, 1996 (P.L.1478, No.190),
2 entitled "An act relating to the recycling and reuse of waste
3 tires; providing for the proper disposal of waste tires and
4 the cleanup of stockpiled tires; authorizing investment tax
5 credits for utilizing waste tires; providing remediation
6 grants for the cleanup of tire piles and for pollution
7 prevention programs for small business and households;
8 establishing the Small Business and Household Pollution
9 Prevention Program and management standards for small
10 business hazardous waste; providing for a household hazardous
11 waste program and for grant programs; making appropriations;
12 and making repeals," further providing for disposal of whole
13 waste tires, for the priority enforcement list and for
14 remediation grants; providing for a registration program, for
15 documentation and recordkeeping, for revocation of
16 registration, for collection programs, for grants and for
17 waste tire storage; and making appropriations.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 106(a) of the act of December 19, 1996
1 (P.L.1478, No.190), entitled, "An act relating to the recycling
2 and reuse of waste tires; providing for the proper disposal of
3 waste tires and the cleanup of stockpiled tires; authorizing
4 investment tax credits for utilizing waste tires; providing
5 remediation grants for the cleanup of tire piles and for
6 pollution prevention programs for small business and households;
7 establishing the Small Business and Household Pollution
8 Prevention Program and management standards for small business
9 hazardous waste; providing for a household hazardous waste
10 program and for grant programs; making appropriations; and
11 making repeals," is amended to read:
12 Section 106. Disposal of whole waste tires.
13 (a) Landfill disposal prohibited.--No person shall knowingly
14 mix any whole used or waste tires with solid waste for disposal.
15 Owners or operators of landfills shall not accept whole [used or
16 waste] or processed tires for disposal. Nothing in this section
17 shall prohibit the disposal at landfills of occasional whole
18 used or waste tires unknowingly and inadvertently mixed with
19 solid waste.
20 * * *
21 Section 2. The act is amended by adding sections to read:
22 Section 106.1. Registration program.
23 (a) Duty of department.--The department shall establish a
24 registration program for generators, haulers and processors of
25 whole used or waste tires.
26 (b) Registration number to be issued.--The department shall
27 issue a registration number for each generator, hauler and
28 processor of whole used or waste tires.
29 (c) Annual renewal required.--Registration for generators,
30 haulers and processors of whole used or waste tires shall be
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1 renewed annually. Registration expiration and renewal shall be
2 determined by the department.
3 (d) Registration fee.--Each generator, hauler and processor
4 of whole used or waste tires shall pay an annual registration
5 fee of $50.
6 Section 106.2. Documentation and recordkeeping.
7 (a) Duty of generators, haulers and processors.--Each
8 generator, hauler and processor of waste tires shall maintain
9 daily records of tires collected, transported and processed. The
10 daily record shall be on a form approved by the department.
11 (b) Nature of records to be maintained.--Recordkeeping
12 requirements shall be determined by the department and shall
13 include at least the following:
14 (1) The number of tires collected.
15 (2) The number of tires to be transported and processed.
16 (3) The generator, hauler and processor registration
17 numbers.
18 (c) Records to be retained for three years.--All daily
19 records shall be retained by the generator, hauler and processor
20 for a period of three years. The daily records shall be made
21 available to the department upon request.
22 Section 106.3. Revocation.
23 The department may suspend, revoke or deny any registration
24 issued under this act for a specified length of time to be
25 determined by the department for:
26 (1) Failure to maintain a complete and accurate daily
27 record of collection, shipment and processing of waste tires.
28 (2) Alteration of recordkeeping documents.
29 (3) Delivery of waste tires or processed tires to a
30 nonregistered disposal or storage facility.
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1 (4) Use of a nonregistered hauler to transport waste
2 tires.
3 (5) Failure to comply with any rule or regulation
4 established by the department under this act.
5 (6) Illegal dumping of waste tires or processed tires.
6 Section 3. Sections 107 and 111(e) of the act are amended to
7 read:
8 Section 107. Priority enforcement list.
9 (a) Development of list of waste tire sites.--Within 90 days
10 of the effective date of this act, the department shall identify
11 and develop a Statewide list of waste tire sites with more than
12 10,000 waste tires known or estimated to be stockpiled. The
13 department shall rank the waste tire sites according to their
14 potential for creating environmental health and safety hazards
15 and designate these sites as priority sites to those facilities
16 requesting tax investment credits under section 109.
17 (b) Maintenance of updated list.--The department shall
18 review and update the priority enforcement list every two years.
19 (c) Municipal notification.--For the purposes of section
20 112, the department shall notify in writing the counties and
21 municipalities of the waste tire sites selected to be listed on
22 the priority enforcement list that are located within their
23 borders.
24 (d) Additional waste tire sites to be listed.--Within one
25 year from the effective date of this subsection, the department
26 shall identify and develop a Statewide list of waste tire sites
27 with less than 10,000 tires known or estimated to be stockpiled.
28 (e) Maintenance of additional list.--The department shall
29 review and update the list of waste tire sites with less than
30 10,000 tires known or estimated to be stockpiled every two
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1 years.
2 Section 111. Remediation grants.
3 * * *
4 (e) Limitation.--
5 (1) Grants under this section shall not be used for the
6 purchase of equipment.
7 (2) No grant recipient may dispose of whole used or
8 waste tires or processed tires in landfills.
9 (3) Grant recipients shall make the whole used or waste
10 tires or processed tires available to an appropriate facility
11 for reuse, recycling or energy recovery.
12 * * *
13 Section 4. The act is amended by adding sections to read:
14 Section 114. Waste tire collection programs.
15 (a) General rule.--A person, local government, business,
16 corporation or other organization shall operate waste tire
17 collection programs only in accordance with requirements
18 established by the department.
19 (b) Registration and department approval.--No person, local
20 government, business, corporation or other organization shall
21 establish a program for the collection of whole used or waste
22 tires without approval from the department.
23 (c) Qualifications.--No person, local government, business,
24 corporation or other organization may be selected to operate a
25 waste tire collection program unless the ability to properly
26 collect, transport and process waste tires is demonstrated to
27 the satisfaction of the department.
28 (d) Program recordkeeping.--Each approved program shall
29 maintain records regarding the collection, transportation and
30 processing of whole used or waste tires. Recordkeeping
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1 requirements shall be determined by the department and shall
2 include at least the following:
3 (1) The number of whole used or waste tires collected.
4 (2) The number of tires transported.
5 (3) The hauler and processor registration numbers.
6 (e) Availability of records.--All records shall be made
7 available to the department upon request.
8 Section 115. Grants for waste tire collection programs.
9 (a) General rule.--The department may provide grants to
10 persons, local governments, businesses, corporations or other
11 organizations for reimbursement of eligible costs for waste tire
12 collection programs approved by the department.
13 (b) Grant disbursement.--The department shall establish a
14 grant ceiling for each proposed collection program based on the
15 number of tires to be collected and the estimated processing
16 costs.
17 (c) Restrictions.--Grants awarded under this section shall
18 be subject to the following:
19 (1) Grant recipients shall apply the funds received from
20 the department only to those purposes and activities
21 authorized by the department or otherwise approved by the
22 department.
23 (2) The department may not award the grants to any
24 person, local government, business, corporation or other
25 organization which has contributed in any manner to the
26 creation of a waste tire pile.
27 (3) Any additional restrictions which the department, by
28 regulation, may designate so long as the restriction is
29 promulgated in regulation.
30 (d) Appropriations.--The following amounts are hereby
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1 appropriated to the Department of Environmental Protection from
2 the Recycling Fund created by section 706 of the act of July 28,
3 1988 (P.L.556, No.101), known as the Municipal Waste Planning,
4 Recycling and Waste Reduction Act, for awarding grants under
5 this section:
6 Fiscal year Amount
7 1999 $250,000
8 2000 250,000
9 2001 250,000
10 2002 250,000
11 2003 250,000
12 Section 116. Waste tire storage.
13 (a) Limited storage time.--No generator, hauler or processor
14 of whole used or waste tires may store whole used or waste tires
15 for more than 100 days.
16 (b) Public health and safety concerns.--A generator, hauler
17 or processor of whole used or waste tires that stores whole used
18 or waste tires shall prevent and eliminate conditions that are
19 harmful to the public health, safety or the environment, or
20 conditions that attract vectors, create fire safety hazards or
21 other public nuisances.
22 (c) Penalty.--A generator, hauler or processor of whole used
23 or waste tires found in violation of subsections (a) and (b)
24 shall be subject to the penalties provided for in section 108.
25 Section 5. This act shall take effect in 60 days.
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