PRINTER'S NO. 3952

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2916 Session of 1992


        INTRODUCED BY CARONE, STUBAN, BATTISTO, BROUJOS, CAPPABIANCA,
           DALEY, GAMBLE, ITKIN, JOSEPHS, KOSINSKI, STEELMAN, STURLA,
           ARGALL, CESSAR, J. TAYLOR, WOGAN AND M. N. WRIGHT,
           JULY 2, 1992

        REFERRED TO COMMITTEE ON CONSERVATION, JULY 2, 1992

                                     AN ACT

     1  Prohibiting landfilling of whole waste tires; providing for
     2     nuisance abatement; providing for a study by the Pennsylvania
     3     Energy Office; providing for registration by persons who
     4     store or collect waste tires; encouraging use of recycled
     5     tires and tire-derived products; providing for
     6     responsibilities of tire retailers and wholesalers and
     7     vehicle dealers; establishing a waste tire management fund;
     8     providing for waste tire grants; imposing additional powers
     9     and duties on the Department of Environmental Resources; and
    10     imposing penalties.

    11                         TABLE OF CONTENTS
    12  Section 1.  Short title.
    13  Section 2.  Legislative findings and declaration of policy.
    14  Section 3.  Definitions.
    15  Section 4.  Powers and duties of department.
    16  Section 5.  Powers and duties of Environmental Quality Board.
    17  Section 6.  Study by Pennsylvania Energy Office.
    18  Section 7.  Land disposal of tires prohibited.
    19  Section 8.  Waste tire nuisance; abatement.
    20  Section 9.  Storage of waste tires.
    21  Section 10.  Collection of waste tires.

     1  Section 11.  Use of waste tire-derived products by State
     2                 agencies; encouragement of technologies for
     3                 production of tire-derived products, energy
     4                 or fuel.
     5  Section 12.  Responsibilities of tire retailers and
     6                 wholesalers.
     7  Section 13.  Waste Tire Management Fund.
     8  Section 14.  Regulations; responsibilities of municipalities.
     9  Section 15.  Unlawful acts.
    10  Section 16.  Fines and penalties.
    11  Section 17.  Report to General Assembly.
    12  Section 18.  Construction of act.
    13  Section 19.  Repeals.
    14  Section 20.  Effective date.
    15     The General Assembly of the Commonwealth of Pennsylvania
    16  hereby enacts as follows:
    17  Section 1.  Short title.
    18     This act shall be known and may be cited as the Waste Tire
    19  Management Act.
    20  Section 2.  Legislative findings and declaration of policy.
    21     The General Assembly finds and declares as follows:
    22         (1)  An estimated 2,000,000,000 old tires lie in the
    23     nation's dumps, with more than 200,000,000 added every year.
    24         (2)  This Commonwealth scraps approximately 12,000,000
    25     tires annually. Many waste tires are stockpiled or dumped
    26     illegally because of the difficulty and expense involved in
    27     landfilling whole waste tires.
    28         (3)  Tire dumps attract mosquitoes and are susceptible to
    29     fires which create hazardous liquids and noxious emissions,
    30     posing a threat to the public health and safety and the
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     1     environment.
     2         (4)  While methods for recycling waste tires and using
     3     tire-derived materials exist, the current market demand for
     4     such materials is not strong. Incentives for developing new
     5     recycling technologies, for utilizing the existing recycling
     6     methods, and for stimulating the market for waste tires and
     7     tire-derived materials are necessary to create alternatives
     8     disposal. Continuous market development and waste reduction
     9     is essential to eliminating the illegal storage and disposal
    10     of waste tires.
    11         (5)  To fulfill its obligation to promote the health,
    12     safety and welfare of its citizens and to protect the
    13     environment, the Commonwealth should establish a program for
    14     the proper disposal, collection and processing of waste tires
    15     and encourage the use of recycled waste tires and tire-
    16     derived materials and products.
    17  Section 3.  Definitions.
    18     The following words and phrases when used in this act shall
    19  have the meanings given to them in this section unless the
    20  context clearly indicates otherwise:
    21     "Collection center."  A registered site where waste tires are
    22  collected from the public prior to being offered for processing
    23  and where fewer than 2,500 waste tires are kept in open storage
    24  at all times.
    25     "Department."  The Department of Environmental Resources of
    26  the Commonwealth.
    27     "Fund."  The Waste Tire Management Fund.
    28     "Municipal Waste Planning, Recycling and Waste Reduction
    29  Act."  The act of July 28, 1988 (P.L. 556, No. 101), known as
    30  the Municipal Waste Planning, Recycling and Waste Reduction Act.
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     1     "Municipality."  A city, borough, incorporated town,
     2  township, or county or any authority created by any of the
     3  foregoing.
     4     "New vehicle tire."  An originally manufactured tire for use
     5  on a vehicle. The term does not include any remanufactured,
     6  recapped, retreaded or otherwise restored tire.
     7     "Processing."  Processing as defined in the act of July 7,
     8  1980 (P.L.380, No.97), known as the Solid Waste Management Act.
     9     "Retread tire."  A worn automobile, truck or other vehicle
    10  tire on which the tread has been replaced.
    11     "Solid Waste Management Act."  The act of July 7, 1980
    12  (P.L.380, No.97), known as the Solid Waste Management Act.
    13     "Tire dump."  A facility used for the collection, storage,
    14  processing or disposal of waste tires or tire-derived materials
    15  that is required to register with the Department of
    16  Environmental Resources of the Commonwealth and has not
    17  registered or that is required to obtain a processing or
    18  disposal permit from the department and has not obtained such
    19  permit.
    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  original purpose because of wear, damage or defect. The term
    26  does not include casings.
    27     "Waste tire monofilling."  Utilization of a site where only
    28  shredded waste tires are disposed of in a permitted landfill for
    29  long-term storage and retrieval at a later date.
    30  Section 4.  Powers and duties of department.
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     1     The department shall have the following powers and duties:
     2         (1)  To administer a waste tire management program
     3     pursuant to the provisions of this act, the Solid Waste
     4     Management Act, the Municipal Waste Planning, Recycling and
     5     Waste Reduction Act, and any other acts governing solid waste
     6     management, municipal waste planning, recycling and waste
     7     reduction and pollution.
     8         (2)  To administer the Waste Tire Management Fund
     9     established pursuant to this act.
    10         (3)  To encourage the establishment of waste tire
    11     collection centers where the public may deposit waste tires
    12     at waste tire processing facilities, solid waste disposal
    13     facilities and at tire retail and wholesale establishments.
    14         (4)  To establish public education and incentive programs
    15     to encourage individuals to deposit waste tires at waste tire
    16     collection centers, to support waste tire recycling and to
    17     use waste tire-derived products.
    18         (5)  To provide for registration of waste tire collection
    19     centers and for reporting requirements for the centers.
    20         (6)  To prescribe standards and requirements for the
    21     storage of waste tires and tire-derived materials pursuant to
    22     the Solid Waste Management Act, including but not limited to,
    23     restrictions on the size and location of waste tire storage
    24     sites, access controls, vector controls, fire and hazard
    25     prevention and requirements relating to the filing of
    26     reports, contingency plans and provisions for financial
    27     assurance with the department.
    28         (7)  To approve the beneficial use of whole waste tires
    29     pursuant to section 104(18) of the Solid Waste Management Act
    30     regardless of whether the waste tires have been processed
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     1     prior to beneficial use.
     2  Section 5.  Powers and duties of Environmental Quality Board.
     3     The Environmental Quality Board shall have the power, and its
     4  duty shall be to adopt the rules and regulations of the
     5  department for the administration and enforcement of this act by
     6  the department.
     7  Section 6.  Study by Pennsylvania Energy Office.
     8     (a)  Market development and waste reduction study.--Within 18
     9  months of the effective date of this act, the Pennsylvania
    10  Energy Office shall submit to the Governor and the General
    11  Assembly a report which shall include, but not be limited to,
    12  the following information:
    13         (1)  The number and geographic distribution of waste
    14     tires in this Commonwealth including the location and size of
    15     waste tire storage or disposal sites, waste tire collection
    16     centers and waste tire processing facilities.
    17         (2)  The current and projected capacity of existing
    18     markets to absorb waste tires and tire-derived materials.
    19         (3)  Market conditions, laws and governmental policies
    20     that inhibit or affect demand for waste tires or tire-derived
    21     materials.
    22         (4)  Potential opportunities to increase and stabilize
    23     the demand for and use of waste tires and tire-derived
    24     materials, including, but not limited to, proposed
    25     legislation, if necessary.
    26         (5)  Prioritization of options for reuse or recycling of
    27     waste tires and tire-derived materials, including but not
    28     limited to, use of remanufactured rubber products, blends
    29     with polymers, substitutes for plastics in composite
    30     applications, asphalt additives and tire-derived fuel.
    19920H2916B3952                  - 6 -

     1         (6)  Assessment of technology development needs for
     2     alternative ways to process, recycle or reuse tires and tire-
     3     derived products.
     4         (7)  Specific recommendations on markets for waste tires
     5     and tire-derived materials for each region of this
     6     Commonwealth, within the region, or in another region or
     7     state.
     8         (8)  Recommendations regarding ways to reduce the number
     9     of tires that enter the waste stream, including but not
    10     limited to, incentives for prolonging product life, methods
    11     for ensuring product recyclability, tax incentives,
    12     prohibitions against the use of certain products and product
    13     performance standards.
    14     (b)  Updating study.--Within five years after completion of
    15  the market development and waste reduction study required under
    16  subsection (a), the Pennsylvania Energy Office shall submit to
    17  the Governor and the General Assembly an updated study, taking
    18  into account information developed since completion of the
    19  initial study.
    20     (c)  Distribution of the study.--The Pennsylvania Energy
    21  Office shall promptly make available to the department, the
    22  Department of Transportation, municipalities, and other
    23  interested persons the results of the studies required by this
    24  section.
    25  Section 7.  Land disposal of tires prohibited.
    26     (a)  General rule.--The disposal of whole waste tires in the
    27  land shall be prohibited commencing 12 months after the
    28  effective date of this act unless the department postpones such
    29  prohibition through notice published in the Pennsylvania
    30  Bulletin and mailed to operators of permitted waste facilities.
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     1  Such postponement shall be based upon a determination made
     2  following a public hearing that there are not sufficient
     3  feasible alternatives to land disposal of whole waste tires at
     4  that time. The term of postponement shall not exceed 12 months
     5  unless extended based on a determination made following a public
     6  hearing that alternatives to land disposal of whole waste tires
     7  are not practicable based upon information regarding existing
     8  technology, costs and logistics. After the effective date of the
     9  prohibition set forth in this section, no person may place a
    10  waste tire in mixed municipal waste or discard or otherwise
    11  dispose of a waste tire except by delivery to a tire retailer or
    12  wholesaler or to a registered waste tire collection center or a
    13  permitted processing or disposal facility. No tire retailer or
    14  wholesaler shall dispose of waste tires except by delivery to a
    15  registered collection center or permitted processing or disposal
    16  facility.
    17     (b)  Exceptions.--The prohibition contained in subsection (a)
    18  shall not apply to the disposal of shredded waste tires at a
    19  permitted solid waste management facility, the infrequent
    20  disposal of whole waste tires at a permitted solid waste
    21  disposal facility inadvertently or unintentionally included
    22  within mixed loads of municipal waste, the use of waste tires,
    23  shredded waste tires or other waste tire products in the
    24  operation of a permitted solid waste management facility as
    25  daily cover material, as a leachate flow-zone medium, or for
    26  other beneficial uses if approved by the department pursuant to
    27  section 104(18) of the Solid Waste Management Act or pursuant to
    28  an equivalency review or demonstration facility application, or
    29  to the storage of unprocessed waste tires at a registered
    30  collection center, a permitted municipal waste processing or
    19920H2916B3952                  - 8 -

     1  storage facility, a permitted waste tire monofilling facility or
     2  permitted waste tire processing facility, provided that the
     3  department may prescribe limitations regarding the number of
     4  unprocessed waste tires which may be stored openly at such
     5  facilities at any one time.
     6     (c)  Recycling fee, host municipality benefit fee and site
     7  specific postclosure fee.--Waste tires, shredded waste tires and
     8  waste tire products beneficially used or used pursuant to an
     9  equivalency review approved under subsection (b) or otherwise
    10  recycled shall not be subject to any recycling fee, host
    11  municipality benefit fee or site specific postclosure fee
    12  imposed pursuant to the Municipal Waste Planning, Recycling and
    13  Waste Reduction Act when accepted at a permitted municipal waste
    14  processing or disposal facility.
    15  Section 8.  Waste tire nuisance; abatement.
    16     (a)  Nuisance.--A tire dump unreasonably endangers the
    17  health, safety and welfare of the public and is a nuisance.
    18     (b)  Abatement by the department.--The department may abate a
    19  nuisance caused by a tire dump or by improper waste tire
    20  collection, storage, processing or disposal pursuant to its
    21  powers and duties under this act, the Solid Waste Management
    22  Act, the Municipal Waste Planning, Recycling and Waste Reduction
    23  Act, and any other act governing solid waste management,
    24  municipal waste planning, recycling and waste reduction, or
    25  pollution. In addition to assessing penalties, the department
    26  may recover abatement costs in an action pursuant to section 613
    27  of the Solid Waste Management Act.
    28     (c)  Abatement by municipalities.--A municipality may abate a
    29  nuisance caused by a tire dump or by improper tire collection,
    30  storage, processing or disposal within the municipality by
    19920H2916B3952                  - 9 -

     1  providing for the removal and proper management of the tires.
     2  The municipality may recover abatement costs in an action
     3  pursuant to section 613 of the Solid Waste Management Act.
     4     (d)  Right to enter.--The department, municipalities and
     5  agents or employees of the department or municipalities shall
     6  have the right to enter any building, property, premises or
     7  place where waste tires are stored, processed or disposed of for
     8  the purpose of abating a nuisance caused by improper tire
     9  collection, storage, processing or disposal.
    10     (e)  Permits.--Permits issued pursuant to the Solid Waste
    11  Management Act shall not be required for abatement of waste tire
    12  nuisances conducted pursuant to this section by the department
    13  or a municipality or by a contractor utilized by the department
    14  or a municipality.
    15  Section 9.  Storage of waste tires.
    16     (a)  General rule.--Except as provided in subsection (b), no
    17  person shall possess, in open storage, more than 1,500 waste
    18  tires.
    19     (b)  Exceptions.--The prohibition in subsection (a) shall not
    20  apply to:
    21         (1)  A person using waste tires for agricultural purposes
    22     or beneficial uses approved by the department if the waste
    23     tires are kept on the site of use, provided that the waste
    24     tires are regularly used for agricultural or beneficially
    25     useful purposes.
    26         (2)  A person using waste tires for erosion control, bank
    27     stabilization and other conservation projects if practiced in
    28     accordance with a written conservation plan approved by the
    29     department.
    30         (3)  A tire processing facility or a monofill or other
    19920H2916B3952                 - 10 -

     1     disposal facility which has received a permit from the
     2     department under the Solid Waste Management Act, provided
     3     that the facility properly stores waste tires in accordance
     4     with the requirements of the department to prevent nuisances
     5     and to eliminate harm or the threat of harm to public health,
     6     safety, welfare or the environment.
     7         (4)  A waste tire collection center that has registered
     8     with the department pursuant to section 10 and which is in
     9     compliance with the requirements of this act.
    10         (5)  A person who has more than 1,500 waste tires in open
    11     storage in his possession on the effective date of this act
    12     if all of the following conditions are met:
    13             (i)  Within 180 days of the effective date of this
    14         act, the person prepares and submits to the department
    15         and the municipality in which the storage site is located
    16         a plan to ensure removal of waste tires from the storage
    17         site within two years after the effective date of this
    18         act and forwarding of the waste tires to a registered
    19         waste tire collection center or permitted processing or
    20         disposal facility.
    21             (ii)  The person maintains a copy of the plan at the
    22         storage site.
    23             (iii)  The person is operating in accordance with the
    24         plan.
    25             (iv)  The person stores no more than 1,500 waste
    26         tires within two years after the effective date of this
    27         act.
    28     (c)  Registration required.--A person who stores 1,500 or
    29  more waste tires in open storage at any time, other than the
    30  owner or operator of a registered collection center or permitted
    19920H2916B3952                 - 11 -

     1  processing or disposal facility, shall register and file semi-
     2  annual reports with the department on forms provided by the
     3  department, identifying the number of waste tires stored, the
     4  approximate date upon which storage commenced, any exception
     5  under subsection (b) to which the person may be entitled, action
     6  taken pursuant to any plan which may be required under
     7  subsection (b)(5), briefly describing the physical design and
     8  layout of the property and structures used for storage of waste
     9  tires, and certifying that waste tires will be stored in
    10  accordance with the requirements of the department to prevent
    11  nuisances and to eliminate harm or the threat of harm to public
    12  health safety, welfare or the environment. The department shall
    13  impose a minimum annual tire storage registration fee of $150
    14  upon persons required to register pursuant to this subsection.
    15  The fee may be modified by regulation, and revenues from
    16  registration fees shall be paid into the fund.
    17  Section 10.  Collection of waste tires.
    18     (a)  Registration required.--A person who desires to collect
    19  waste tires from the public shall register with the department
    20  as a collection center and shall store no more than 2,500 waste
    21  tires at the collection center site in open storage at any one
    22  time. The owner or operator of a registered collection center
    23  shall certify that waste tires stored at the center shall be
    24  stored in accordance with the requirements of the department to
    25  prevent nuisances and to eliminate harm or the threat of harm to
    26  public health, safety, welfare or the environment. The
    27  department shall impose a minimum annual tire collection fee of
    28  $100 upon persons required to register pursuant to this
    29  subsection. The fee may be modified by regulation and revenues
    30  from registration fees shall be paid into the fund established
    19920H2916B3952                 - 12 -

     1  by this act.
     2     (b)  Transfer of tires for reuse.--The owner or operator of a
     3  waste tire collection center shall transfer all waste tires
     4  collected or stored at the center to a tire retreader or
     5  recapper, permitted waste tire processing facility, or to a
     6  permitted disposal facility within a period to be determined by
     7  the department by regulation unless the tires will be reused in
     8  a manner approved by the department. The owner or operator of a
     9  waste tire collection center shall verify to the department that
    10  this requirement is being met by filing semi-annual reports to
    11  the department on forms provided by the department.
    12     (c)  Notice to be posted.--The owner or operator of a waste
    13  tire collection center shall post written notice which must be
    14  at least 8 1/2 inches by 11 inches in size and which must
    15  contain the universal recycling symbol and indicate that the
    16  person has registered with the department as a waste tire
    17  collection center.
    18     (d)  Failure to post notice.--The department shall provide
    19  the notices required by subsection (c) to persons who register
    20  with the department as waste tire collection centers. Failure to
    21  post the notice required by subsection (c) shall subject the
    22  owner or operator of the waste tire collection center to a civil
    23  penalty of $100 per day, collectible by the department.
    24     (e)  Exception.--The provisions of this section shall not
    25  apply to permitted municipal waste processing or disposal
    26  facilities or persons transporting waste tires to a registered
    27  collection center, a tire processing facility or a permitted
    28  municipal waste processing or disposal facility, provided the
    29  facilities and persons store waste tires in accordance with the
    30  requirements of the department to prevent nuisances and to
    19920H2916B3952                 - 13 -

     1  eliminate harm or threat of harm to public health, safety,
     2  welfare or the environment.
     3  Section 11.  Use of waste tire-derived products by State
     4                 agencies; encouragement of technologies for
     5                 production of tire-derived products, energy or
     6                 fuel.
     7     (a)  Highway construction materials.--The department, in
     8  cooperation with the Department of Transportation, shall
     9  encourage the use of rubber recovered from waste tires as
    10  surfacing material, structural material and fill for highway
    11  improvement projects, consistent with standard engineering
    12  practices.
    13     (b)  Preferential purchase program.--The department, in
    14  cooperation with the Department of General Services, shall
    15  establish an affirmative procurement program for the
    16  preferential purchase of retread tires by State agencies
    17  pursuant to 40 CFR 253.3 (relating to applicability).
    18     (c)  Research and demonstration projects.--The department, in
    19  cooperation with the Pennsylvania Energy Office and the
    20  Pennsylvania Energy Development Authority, shall encourage
    21  research and demonstration projects related to the feasibility
    22  of technologies for the reuse or recycling of waste tires or
    23  tire-derived materials and the feasibility and use of tire-
    24  combustion technologies for the production of energy or fuel.
    25     (d)  Processing and recycling.--The department, in
    26  cooperation with the Department of Commerce, shall encourage and
    27  assist the establishment or improvement of businesses to process
    28  or recycle waste tires.
    29  Section 12.  Responsibilities of tire retailers and wholesalers.
    30     (a)  Tires accepted in trade.--Any person selling new tires
    19920H2916B3952                 - 14 -

     1  at retail or wholesale shall accept, at the point of transfer,
     2  used tires from customers in a quantity at least equal to the
     3  number purchased. Failure to comply with this subsection shall
     4  subject the seller to a civil penalty, collectible by the
     5  department, not to exceed the price of the new tire for which a
     6  waste tire was not accepted in exchange.
     7     (b)  Transfer of tires for reuse.--A retail or wholesale tire
     8  dealer who is not registered as a waste tire collection center
     9  pursuant to section 10 shall comply with section 9 regarding
    10  storage of waste tires and shall transfer waste tires collected
    11  or stored on the business premises to a registered waste tire
    12  collection center, tire retreader or recapper, permitted waste
    13  tire processing facility, or to a permitted disposal facility in
    14  a timely manner.
    15     (c)  Notice to be posted.--Any person selling or offering
    16  tires for sale at retail or wholesale shall post written notice
    17  which must be at least 8 1/2 inches by 11 inches in size and
    18  which must contain the universal recycling symbol and the
    19  following language:
    20         (1)  "It is illegal to discard of a waste tire except at
    21     a registered tire collection center, permitted tire
    22     processing or disposal facility or tire retail or wholesale
    23     facility."
    24         (2)  "State law requires us to accept used vehicle tires
    25     in exchange for new tires purchased."
    26     (d)  Failure to post notice.--The department shall provide
    27  the notices required by subsection (c) to all places where new
    28  tires are offered for sale at retail or wholesale. The
    29  department may inspect any such place, and authorized employees
    30  of the department may issue warnings and citations to persons
    19920H2916B3952                 - 15 -

     1  who fail to comply. Failure to post the notice required by
     2  subsection (c) shall subject the retailer or wholesaler to a
     3  civil penalty of $25 per day, collectible by the department.
     4  Section 13.  Waste Tire Management Fund.
     5     All fees, penalties and repayments for abatement activities
     6  collected pursuant to this act shall be paid into a special fund
     7  known as the Waste Tire Management Fund which is hereby
     8  established. The moneys deposited into the fund shall be used by
     9  the department for administration of this act, with a portion
    10  being transferred to the Pennsylvania Energy Office to be
    11  expended for the preparation of, revisions to, and
    12  implementation of the market development and waste reduction
    13  study required by section 6. Any moneys remaining in the fund
    14  shall be used by the department for grants and loans to
    15  municipalities which elect to administer a waste tire management
    16  program pursuant to the provisions of this act and for the
    17  encouragement of public and private efforts related to waste
    18  tire abatement, collection, processing and recycling. In
    19  administering grants and loans pursuant to this section, the
    20  department shall rely to the maximum extent practicable upon
    21  resources available in the private sector.
    22  Section 14.  Regulations; responsibilities of municipalities.
    23     (a)  Regulations.--The department shall propose rules and
    24  regulations governing the administration of a Waste Tire
    25  Management Program pursuant to the provisions of this act, the
    26  Solid Waste Management Act, the Municipal Waste Planning,
    27  Recycling and Waste Reduction Act, and any other act governing
    28  solid waste management, municipal waste planning, recycling and
    29  waste reduction and pollution, within 180 days of the effective
    30  date of this act.
    19920H2916B3952                 - 16 -

     1     (b)  Responsibilities of Municipalities.--Municipalities
     2  which desire to establish waste tire management programs shall
     3  adopt ordinances that are not in violation of or inconsistent
     4  with the provisions and purposes of this act, the Solid Waste
     5  Management Act, the Municipal Waste Planning, Recycling and
     6  Waste Reduction Act, and the regulations promulgated pursuant
     7  thereto. Municipal waste tire management programs may include,
     8  but shall not be limited to, enforcement, recycling and
     9  educational activities as approved by the department.
    10  Section 15.  Unlawful acts.
    11     It shall be unlawful for any person to:
    12         (1)  Dispose, collect, store or process waste tires
    13     within this Commonwealth except in accordance with this act,
    14     the Solid Waste Management Act and any rules or regulations
    15     promulgated thereunder.
    16         (2)  Hinder, obstruct, prevent or interfere with the
    17     department or its personnel in the performance of any duty
    18     under this act.
    19         (3)  Hinder, obstruct, prevent or interfere with any
    20     municipality or its personnel in the performance of any duty
    21     related to its responsibilities under this act.
    22  Section 16.  Fines and penalties.
    23     (a)  Violations in general.--Except as otherwise provided in
    24  sections l0(d) and 12 and subsection (b), a person who violates
    25  any provision of this act shall be subject to the following
    26  penalties:
    27         (1)  For the first violation, a person commits a summary
    28     offense and shall, upon conviction, be sentenced to pay a
    29     fine of not less than $100 nor more than $1,000 and costs or,
    30     in default of the payment of the fine and costs, to
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     1     imprisonment for not more than 30 days.
     2         (2)  For a second and subsequent violation, a person
     3     commits a misdemeanor of the third degree and shall, upon
     4     conviction, be sentenced to pay a fine of not less than
     5     $1,000 nor more than $5,000 or to imprisonment for not more
     6     than 90 days, or both.
     7     (b)  Waste tire nuisance.--A person who causes a waste tire
     8  nuisance under section 8 commits a misdemeanor of the second
     9  degree and shall, upon conviction, be sentenced to pay a fine of
    10  not less than $2,500 nor more than $10,000 or to imprisonment
    11  for not more than one year, or both, in addition to any other
    12  civil or criminal penalty provided by law.
    13     (c)  Deposit of fines.--Fines and costs collected pursuant to
    14  this section shall be paid into the fund.
    15  Section 17.  Report to General Assembly.
    16     The department shall submit a report to the General Assembly
    17  concerning the implementation of this act and the success of the
    18  Waste Tire Management Program not later than five years after
    19  the effective date of this act. The report shall include a
    20  recommendation regarding the need for continuation of the fund
    21  or for discontinuation of the fund and deposit of fund moneys
    22  and future waste tire management fees, fines and penalties into
    23  the Solid Waste Abatement Fund established under the Solid Waste
    24  Management Act for expenditure on waste tire management as well
    25  as other solid waste management activities.
    26  Section 18.  Construction of act.
    27     This act shall be construed in pari materia with the Solid
    28  Waste Management Act and the Municipal Waste Planning, Recycling
    29  and Waste Reduction Act.
    30  Section 19.  Repeals.
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     1     All acts and parts of acts are repealed insofar as they are
     2  inconsistent with this act.
     3  Section 20.  Effective date.
     4     This act shall take effect as follows:
     5         (1)  Sections 9 and 10 of this act shall take effect in
     6     90 days.
     7         (2)  The remainder of this act shall take effect
     8     immediately.















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