PRINTER'S NO. 2152
No. 1799 Session of 1991
INTRODUCED BY MIHALICH, VROON, BILLOW, SERAFINI, KUKOVICH,
GIGLIOTTI, KOSINSKI, VAN HORNE, BUNT, LEVDANSKY, VEON, FOX,
TRELLO, TANGRETTI, STABACK, MAIALE, FREEMAN, JOSEPHS,
PISTELLA, LAWLESS, SCHEETZ, KASUNIC, ARMSTRONG, DeLUCA, LEE,
CAWLEY, STEELMAN, GEORGE, PETRARCA, FEE AND TRICH,
JUNE 26, 1991
REFERRED TO COMMITTEE ON CONSERVATION, JUNE 26, 1991
AN ACT
1 Providing for the disposal of waste tires; conferring powers and
2 duties on the Department of Environmental Resources and the
3 Department of Revenue; imposing a tax; providing for
4 penalties; establishing the Waste Tire Monofill Fund; and
5 making appropriations.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Waste Tire
10 Disposal Act.
11 Section 2. Declaration of policy.
12 The General Assembly finds and declares as follows:
13 (1) Approximately 12,000,000 waste tires are accumulated
14 each year in this Commonwealth. This amounts to one tire per
15 individual. This figure has increased at a rate comparable to
16 the rate of population growth.
17 (2) Less than 5% of the total volume of waste tires is
1 recycled each year. Recycling of waste tires does not seem to
2 be alleviating the problem generated by the large amount of
3 waste tires. In addition, in the foreseeable future, it is
4 not likely that all waste tires will be recycled.
5 (3) Landfill space is very valuable in this
6 Commonwealth. It seems senseless to consume such valuable
7 landfill space with waste tires.
8 (4) Waste tires should be stored in a monofill. In this
9 manner, they will not be treated in the same way as other
10 solid wastes, but will be valued as a natural resource that
11 should be disposed of in a manner which makes future
12 retrieval economically feasible.
13 (5) Under normal underground storage or in exposed
14 conditions, tires do not absorb nor emit any chemicals.
15 Therefore, tires should be monofilled in the most economical
16 manner, without the need for liners or other safeguards
17 required for leachable materials.
18 (6) There are less than six waste-tire collection sites
19 currently operating in this Commonwealth. This small number
20 of sites leads to illegal dumping and to a monopoly in waste-
21 tire collection.
22 (7) Above-ground storage of waste tires is very
23 expensive and creates many environmental hazards. Tires
24 stored above ground attract mosquitos and serve as a breeding
25 site for mosquitos. Mosquitos carry diseases. Tires stored
26 above ground are also susceptible to fires, which create
27 hazardous liquids and noxious emissions.
28 Section 3. Definitions.
29 The following words and phrases when used in this act shall
30 have the meanings given to them in this section unless the
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1 context clearly indicates otherwise:
2 "Department." The Department of Environmental Resources of
3 the Commonwealth.
4 "Fund." The Waste Tire Monofill Fund established in section
5 8.
6 "Monofill." A site where only waste tires are disposed of in
7 a landfill for long-term storage and retrieval at a later date
8 when the demand for recycled tires equals the supply of waste
9 tires.
10 "Monofill operator." An operator who oversees the disposal
11 of waste tires at a monofill.
12 "Monofilling." Utilization of a monofill.
13 "New vehicle tire." An originally manufactured tire for use
14 on a vehicle. The term does not include any remanufactured,
15 recapped, retreaded or otherwise restored tire.
16 "Purchase price of a new tire." The purchase price of a new
17 vehicle tire that shall be subject to the waste tire tax in
18 section 6 shall not include any other taxes on new vehicle
19 tires.
20 "Vehicle." Every device in, upon or by which any person or
21 property is or may be transported or drawn upon a highway,
22 except devices used exclusively upon rails or tracks. The term
23 does not include a pedalcycle.
24 "Waste tire." A tire no longer suitable for its intended
25 purpose because of wear, damage or a defect.
26 Section 4. Monofilling.
27 (a) Mandatory.--Three years after the effective date of this
28 section, monofilling shall be the only permissible method of
29 waste tire storage for future use. No other method of disposal
30 shall be permitted.
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1 (b) Permissive.--Until subsection (a) applies, monofilling
2 is a permissible method of disposing of waste tires.
3 Section 5. Licenses.
4 (a) Requirement.--A monofill may not be operated without a
5 license from the department. The department shall issue licenses
6 to monofill operators on a regional basis in accordance with 25
7 Pa. Code § 1.3 (relating to department regional offices), upon
8 application to the department. The operator shall include, in
9 this application, the cubic yards of storage space available.
10 Based on storage space available, the department will determine
11 the number of tires to be stored in the monofill and the
12 monofill's storage capacity. The department shall also be
13 required to determine the volume of waste tires generated in
14 each region. The department shall not be permitted to refuse a
15 qualified monofill operator application if it is determined,
16 based on the region's waste tire generation, that capacity
17 exists for an additional operator.
18 (b) Issuance.--The department shall issue a license for the
19 operation of a monofill if a monofill operator, in addition to
20 the required storage space available, can establish all of the
21 following:
22 (1) The monofill is set up for long-term storage and
23 retrieval to the satisfaction of the department. The purpose
24 of this paragraph is to facilitate retrieval of waste tires
25 at a later date when the demand for recycled tires equals the
26 supply of waste tires.
27 (2) The monofill is to be operated so that waste tires
28 are shredded into pieces no larger than four inches by eight
29 inches and that no whole waste tires are placed in the
30 monofill or stored at the monofill site for more than 30
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1 days.
2 (3) There is a plan acceptable to the department for
3 restoring the topography of the land affected.
4 (c) Territorial restrictions.--Monofill operators may accept
5 waste tires originated in areas other than their own region.
6 (d) Department fee.--The department may charge a reasonable
7 fee for a license.
8 (e) Operator fees.--Operators shall be permitted to set
9 their own fees for monofill services.
10 Section 6. Waste tire tax.
11 (a) Imposition.--Except as provided in subsection (b), for
12 each new vehicle tire sold in this Commonwealth, a waste tire
13 tax in the amount of 1% of the purchase price is imposed.
14 (b) Exception.--Subsection (a) does not apply to new vehicle
15 tires sold by wholesalers to retailers for resale or to vehicle
16 manufacturers.
17 (c) Collection.--The waste tire tax shall be collected by
18 the seller. The seller shall remit, on a quarterly basis, 99% of
19 the waste tire tax collected to the Department of Revenue and
20 may retain 1% of the waste tire tax collected for costs of
21 collection if the report is filed in a timely manner. The
22 Department of Revenue shall deposit the money collected in the
23 fund.
24 (d) Penalty.--
25 (1) For failure to collect waste tire tax, the
26 Department of Revenue may impose a civil penalty of $2 per
27 new vehicle tire.
28 (2) For failure to remit waste tire tax, the Department
29 of Revenue may impose a civil penalty of 1% of the waste tire
30 tax due plus $1 per new vehicle tire.
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1 (e) Regulations.--The Department of Revenue may promulgate
2 regulations to administer this section.
3 Section 7. Fund.
4 (a) Establishment.--The Waste Tire Monofill Fund is
5 established.
6 (b) Source.--The source of the fund shall be money collected
7 in fees, taxes and penalties under this act.
8 (c) Use.--The fund shall be used as follows:
9 (1) Five percent of the money in the fund shall be
10 appropriated on a quarterly basis to the department for the
11 administration of this act. This shall be a continuing
12 appropriation and shall not lapse.
13 (2) Forty-five percent of the money in the fund shall be
14 distributed on a quarterly basis to monofill operators for
15 operating expenses. Distribution shall be made on the basis
16 of volume of waste tires stored.
17 (3) Fifty percent of the money in the fund shall be
18 granted on a quarterly basis to political subdivisions that
19 elect to engage in monofilling. Distribution shall be made on
20 the basis of population.
21 (d) Administration.--The department shall administer the
22 fund.
23 Section 8. Regulations.
24 The department may promulgate regulations to administer this
25 act.
26 Section 9. Penalties.
27 (a) Initial offense.--Except as provided in subsection (b),
28 a person who violates this act commits a summary offense and
29 shall, upon conviction, be sentenced to pay a fine of not less
30 than $100 nor more than $1,000.
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1 (b) Subsequent offense.--A person who, after having been
2 sentenced under subsection (a), violates this act commits a
3 summary offense and shall, upon conviction, be sentenced to pay
4 a fine of not less than $1,000 nor more than $5,000.
5 Section 10. Effective date.
6 This act shall take effect as follows:
7 (1) Section 6 of this act shall take effect in 180 days.
8 (2) The remainder of this act shall take effect in 60
9 days.
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