PRINTER'S NO. 3179
No. 2289 Session of 2004
INTRODUCED BY YUDICHAK, KELLER, LEVDANSKY, HARRIS, CAPPELLI,
TIGUE, ARMSTRONG, WALKO, BELFANTI, WILT, CORRIGAN, COY,
CRAHALLA, CRUZ, DAILEY, DALLY, DALEY, FABRIZIO, FREEMAN,
YOUNGBLOOD, GOOD, GOODMAN, GRUCELA, HALUSKA, HENNESSEY,
KOTIK, LEDERER, LEWIS, MANN, McGEEHAN, MUNDY, O'NEILL,
PALLONE, PISTELLA, REICHLEY, SATHER, SCAVELLO AND THOMAS,
JANUARY 6, 2004
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JANUARY 6, 2004
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 the definition of
13 "waste tire"; defining "waste tire recycling facility"; and
14 further providing for the disposal of whole waste tires, for
15 waste tire registry and for remediation liens.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. The definition of "waste tire" in section 104 of
19 the act of December 19, 1996 (P.L.1478, No.190), entitled "An
20 act relating to the recycling and reuse of waste tires;
21 providing for the proper disposal of waste tires and the cleanup
1 of stockpiled tires; authorizing investment tax credits for
2 utilizing waste tires; providing remediation grants for the
3 cleanup of tire piles and for pollution prevention programs for
4 small business and households; establishing the Small Business
5 and Household Pollution Prevention Program and management
6 standards for small business hazardous waste; providing for a
7 household hazardous waste program and for grant programs; making
8 appropriations; and making repeals," amended July 10, 2002
9 (P.L.781, No.111), is amended and the section is amended by
10 adding a definition to read:
11 Section 104. Definitions.
12 The following words and phrases when used in this chapter
13 shall have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 * * *
16 "Waste tire." A tire that will no longer be used for the
17 purpose for which it was originally intended. The term includes
18 a tire that has been discarded by any owner or user even though
19 the tire may have some remaining useful life. A tire becomes a
20 waste tire when it is discarded by any owner or user.
21 * * *
22 "Waste tire recycling facility." A facility whose purpose is
23 the systemic collection, sorting, storage, recapping or cleaning
24 of waste tires to return them to commerce for use as
25 commodities. The term includes a facility that may use waste
26 reduction, reuse or recycling equipment to process or convert
27 waste tires into a beneficial product or productive use.
28 Section 2. Section 106 of the act is amended by adding a
29 subsection to read:
30 Section 106. Disposal of whole waste tires.
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1 * * *
2 (e) Permit.--No person shall construct, alter, operate or
3 utilize a waste tire recycling facility without a processing
4 permit from the department as required by the act of July 7,
5 1980 (P.L.380, No.97), known as the Solid Waste Management Act,
6 or in violation of the regulations promulgated thereunder that
7 relate to the storage of waste tires.
8 Section 3. Sections 106.3(c) and 111.1 of the act, added
9 July 10, 2002 (P.L.781, No.111), are amended to read:
10 Section 106.3. Waste tire registry.
11 * * *
12 (c) Duty to use authorized hauler.--No person may provide
13 whole used or waste tires to a waste tire hauler that does not
14 have a valid authorization as provided under this act. No person
15 may accept whole used or waste tires from a waste tire hauler
16 that does not have a valid authorization as provided under this
17 act. Failure to comply with this provision shall result in a
18 civil penalty assessment as provided under section 108.1.
19 Section 111.1. Remediation liens.
20 (a) Effect of remediation activity.--The amount of a grant
21 issued under section 111 for remediation that is attributable to
22 or expended on a specific site where the grant recipient
23 conducts remediation activity and the benefits accruing to the
24 land on which the site is located shall be chargeable against
25 the land and shall mitigate or offset any claim in or any action
26 brought by any owner of any interest in the land for any damages
27 by virtue of the remediation activity. This subsection shall not
28 be construed to establish a new right of action or eliminate any
29 existing immunity.
30 [(b) Statement to be filed with prothonotary.--Within six
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1 months after the completion of remediation activity by a grant
2 recipient on a site, the department shall itemize the amount of
3 grant moneys expended on remediation of the site and may file a
4 statement thereof in the office of the prothonotary of the
5 county in which the land is situated. The department shall affix
6 to the statement a notarized appraisal by an independent
7 appraiser of the value of the land before and after the
8 remediation if the moneys so expended shall result in a
9 significant increase in property value. The statement shall
10 constitute a lien upon the land as of the date of the
11 expenditure of the moneys and shall have priority as a lien
12 second only to the lien of real estate taxes imposed on the
13 land.
14 (c) Amount of lien.--The amount of the lien shall not exceed
15 the amount determined by the appraisal to be the increase in the
16 market value of the land as a result of the remediation
17 immediately after the grant recipient has completed its work,
18 and the lien shall extend only to that portion of the land
19 directly involved in the remediation activity.
20 (d) Rights of landowner.--The landowner may proceed as
21 provided in the act of June 22, 1964 (Sp.Sess., P.L.84, No.6),
22 known as the Eminent Domain Code, to petition for a board of
23 view within 60 days of the filing of the lien to determine the
24 increase in the market value of that portion of the land
25 directly involved in the remediation activity. The amount
26 reported by the board of viewers to be the increase in value of
27 the land shall constitute the amount of the lien and shall be
28 recorded with the statement required by subsection (b).
29 (e) Right of appeal.--Any party aggrieved by the decision of
30 the board of viewers may appeal as provided in the Eminent
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1 Domain Code.
2 (f) Entry and enforcement of lien.--The lien authorized by
3 this section shall be entered in the judgment index and shall be
4 given the effect of a judgment against the land. The lien shall
5 be enforced by the direct issuance of a writ of execution
6 without prosecution to judgment of a writ of scire facias in the
7 manner provided by law for enforcement, collection and
8 enforcement of Commonwealth liens.
9 (g) Construction.--Entry by a grant recipient upon lands for
10 the purpose of remediation under this act shall not be construed
11 as an act of condemnation of property or of trespass thereon.]
12 (b.1) Escrow.--After the completion of remediation activity
13 by a grant recipient on a site, the department shall itemize the
14 amount of grant moneys expended on remediation of the site and
15 inform any person or municipality that has contributed in any
16 manner to the creation of the waste tire pile of the amount of
17 grant moneys that have been expended. The person or municipality
18 charged with the amount shall then have 30 days to pay the
19 amount in full or, if the person or municipality wishes to
20 contest the amount or its contribution to the waste tire pile,
21 either to forward the amount to the department for placement in
22 an escrow account with the State Treasurer or with a bank in
23 this Commonwealth or to post an appeal bond in the amount. The
24 bond must be executed by a surety licensed to do business in
25 this Commonwealth or contain collateral and must be satisfactory
26 to the department. If, through administrative or judicial review
27 of the amount, it is determined that the person or municipality
28 did not contribute to the creation of the waste tire pile or
29 that the amount shall be reduced, the department shall, within
30 30 days, remit the appropriate amount to the person or
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1 municipality. Failure to forward the money or the appeal bond to
2 the department within 30 days shall result in a waiver of all
3 legal rights to contest the contribution of the person or
4 municipality to the creation of the waste tire pile or the
5 amount charged against the person or municipality.
6 (c.1) Lien.--If the person or municipality liable to pay the
7 amount of grant moneys expended on remediation of a site
8 neglects or refuses to pay the same after demand, the amount,
9 together with interest, shall be a judgment in favor of the
10 Commonwealth upon the property of such person or municipality,
11 but only after the same has been entered and docketed of record
12 by the prothonotary where such property is situated. The
13 Commonwealth may, at any time, transmit to the prothonotaries of
14 the respective counties certified copies of all such judgments,
15 and it shall be the duty of each prothonotary to enter and
16 docket the same of record in the prothonotary's office, and to
17 index the same as judgments are indexed, without requiring the
18 payment of costs as a condition precedent to the entry thereof.
19 Any lien on real estate shall have priority second only to the
20 lien of real estate taxes imposed on the land.
21 (d.1) Limitation on action.--Notwithstanding any other
22 provision of law to the contrary, actions for the recovery of
23 grant moneys expended under this section may be commenced at any
24 time within a period of 20 years from the date it is discovered
25 that the person or municipality contributed, in any manner, to
26 the creation of the waste tire pile.
27 (e.1) Deposit of amounts collected.--All grant moneys
28 collected under this section shall be deposited into the fund or
29 account from which the grant was issued.
30 Section 4. The act is amended by adding a section to read:
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1 Section 116. Construction.
2 The definition of "waste tire recycling facility" in section
3 104 and the provisions of section 106(e) shall be construed in
4 pari materia with the permitting requirements of the act of July
5 7, 1980 (P.L.380, No.97), known as the Solid Waste Management
6 Act.
7 Section 5. This act shall take effect in 60 days.
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