PRIOR PRINTER'S NOS. 838, 2916, 3460, PRINTER'S NO. 4170
3927, 4092, 4132
No. 754 Session of 2001
INTRODUCED BY DALLY, MUNDY, ARGALL, WOJNAROSKI, LEDERER,
DeWEESE, B. SMITH, READSHAW, ROEBUCK, JOSEPHS, BARD, WALKO,
GORDNER, MICOZZIE, LEVDANSKY, CORRIGAN, ROONEY, TIGUE,
CALTAGIRONE, FEESE, RUBLEY, CRUZ, THOMAS, FREEMAN, BASTIAN,
MAJOR, LAUGHLIN, HENNESSEY, SOLOBAY, EACHUS, YOUNGBLOOD,
DAILEY, WANSACZ, HERSHEY, HORSEY, WILT, ROSS, CIVERA, GEORGE,
BELARDI, SEMMEL, STEELMAN, SAYLOR, ORIE, R. MILLER, BEBKO-
JONES, SCRIMENTI, MELIO, GRUCELA, MYERS, SHANER, YUDICHAK,
HARHAI, McCALL, CURRY, PISTELLA, MANDERINO, FRANKEL, BROWNE,
TURZAI AND FLEAGLE, FEBRUARY 14, 2001
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
JUNE 28, 2002
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," adding definitions; further providing
13 for disposal of whole waste tires, for the priority
14 enforcement list and for remediation grants; providing for
15 remediation liens, for an authorization program, for
16 documentation and recordkeeping, for revocation of
17 authorization and for collection programs; authorizing civil
18 penalties; and repealing obsolete provisions relating to tire
19 recycling investment tax credits.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
1 Section 1. The definition of "waste tire" in section 104 of
2 the act of December 19, 1996 (P.L.1478, No.190), entitled, "An
3 act relating to the recycling and reuse of waste tires;
4 providing for the proper disposal of waste tires and the cleanup
5 of stockpiled tires; authorizing investment tax credits for
6 utilizing waste tires; providing remediation grants for the
7 cleanup of tire piles and for pollution prevention programs for
8 small business and households; establishing the Small Business
9 and Household Pollution Prevention Program and management
10 standards for small business hazardous waste; providing for a
11 household hazardous waste program and for grant programs; making
12 appropriations; and making repeals," is amended and the section
13 is amended by adding definitions to read:
14 Section 104. Definitions.
15 The following words and phrases when used in this chapter
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 * * *
19 "Energy recovery." The use of whole or processed waste tires
20 to supplement the combustion of fossil fuels or the combustion
21 of whole or processed waste tires in a resource recovery
22 facility.
23 * * *
24 "Waste tire." A tire that will no longer be used for the
25 purpose for which it was originally intended. The term includes
26 a tire that has been discarded.
27 "Waste tire hauler." Any person that transports whole used
28 or waste tires in this Commonwealth for business-related
29 purposes. This term does not include persons who haul their own
30 waste tires in the course of routine tire replacement.
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1 Section 2. Section 106(a) of the act is amended to read:
2 Section 106. Disposal of whole waste tires.
3 (a) Landfill disposal prohibited.--No person shall knowingly
4 mix any whole used or waste tires with solid waste for disposal
5 in a landfill. Owners or operators of landfills shall not accept
6 whole used or waste tires for disposal. Nothing in this section
7 shall be construed:
8 (1) to prohibit the disposal at landfills of occasional
9 whole used or waste tires unknowingly and inadvertently mixed
10 with solid waste[.]; or
11 (2) to preclude the department from such disposal if it
12 determines that such disposal is necessary.
13 * * *
14 Section 3. The act is amended by adding sections to read:
15 Section 106.1. Authorization program.
16 (a) Duty of department.--The department shall establish an
17 authorization program for waste tire haulers.
18 (b) Authorization number to be issued.--The department shall
19 issue an authorization number for each waste tire hauler.
20 (c) Renewal required.--Authorization expiration and renewal
21 shall be determined by the department.
22 (d) Authorization fee.--Each waste tire hauler shall pay an
23 annual authorization fee of $50. All fees received by the
24 department pursuant to this subsection shall be deposited into
25 the Used Tire Pile Remediation Restricted Account established in
26 section 110, and shall be used by the department for the
27 implementation and management of the authorization program. The
28 department shall evaluate and modify the authorization fee in an
29 amount to cover the actual costs of the department in
30 implementing and managing the authorization program. The
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1 department shall publish any such modification as a notice in
2 the Pennsylvania Bulletin.
3 (e) Authorization required.--It shall be unlawful for a
4 waste tire hauler to transport waste tires without obtaining
5 authorization from the department under this section.
6 (f) Nontransferability.--An authorization for a waste tire
7 hauler shall not be transferable.
8 (g) Powers and duties of Environmental Quality Board.--The
9 Environmental Quality Board shall have the power and duty to
10 adopt such regulations of the department as it deems necessary
11 and appropriate to accomplish the purposes and to carry out the
12 provisions of this act.
13 Section 106.2. Documentation and recordkeeping.
14 (a) Duty of waste tire haulers.--Each waste tire hauler
15 shall maintain records of waste tires transported. The record
16 shall be on a form approved by the department.
17 (b) Nature of records to be maintained.--Recordkeeping
18 requirements shall be determined by the department and shall
19 include at least the following:
20 (1) The number of waste tires transported.
21 (2) The waste tire hauler authorization number.
22 (3) The location where the waste tires were disposed of
23 or transported to.
24 (c) Records retention.--All records shall be retained by the
25 waste tire hauler for a period of five years. The records shall
26 be made available to the department upon request.
27 Section 106.3. Waste tire registry.
28 (a) Establishment.--The department shall establish and
29 maintain a registry of authorized waste tire haulers in this
30 Commonwealth. The registry shall include the information
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1 required for issuance of an authorization under this section and
2 any other relevant information as the department deems necessary
3 and appropriate. The information in the registry shall be a
4 matter of public record and shall be made readily available to
5 the public.
6 (b) Toll-free number.--The department shall establish and
7 maintain a toll-free number which any person in this
8 Commonwealth may call to request information contained in the
9 registry established under subsection (a). Any person suspecting
10 a violation of this act may also call this toll-free number to
11 report a suspected violation to the department.
12 (c) Duty to use authorized hauler.--No person may accept
13 whole used or waste tires from a waste tire hauler that does not
14 have a valid authorization as provided under this act. Failure
15 to comply with this provision shall result in a civil penalty
16 assessment as provided under section 108.1.
17 Section 106.4. Revocation.
18 The department may suspend, revoke or deny any authorization
19 issued under this act for a specified length of time to be
20 determined by the department for:
21 (1) Failure to maintain a complete and accurate record
22 of waste tires transported.
23 (2) Alteration of recordkeeping documents.
24 (3) Failure to comply with any rule or regulation
25 established by the department under this act or the act of
26 July 7, 1980 (P.L.380, No.97), known as the Solid Waste
27 Management Act.
28 Section 4. Section 107 of the act is amended to read:
29 Section 107. Priority enforcement list.
30 (a) Development of list of waste tire sites.--Within 90 days
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1 of the effective date of this act, the department shall identify
2 and develop a Statewide list of waste tire sites with more than
3 10,000 waste tires known or estimated to be stockpiled. The
4 department shall rank the waste tire sites according to their
5 potential for creating environmental health and safety hazards
6 and designate these sites as priority sites to those facilities
7 requesting tax investment credits under section 109.
8 (b) Maintenance of updated list.--The department shall
9 review and update the priority enforcement list every two years.
10 (c) Municipal notification.--For the purposes of section
11 112, the department shall notify in writing the counties and
12 municipalities of the waste tire sites selected to be listed on
13 the priority enforcement list that are located within their
14 borders.
15 (d) Additional waste tire sites to be listed.--Within one
16 year from the effective date of this subsection, each
17 municipality shall report to the department the existence and
18 location of waste tire sites within its jurisdiction that
19 contain more than 1,500 but less than 10,000 waste tires known
20 or estimated to be stockpiled. Upon receipt of this information,
21 the department shall develop and maintain a Statewide list of
22 waste tire sites containing the amount of waste tires specified
23 in this subsection.
24 Section 5. Section 108 heading of the act is amended to
25 read:
26 Section 108. [Penalties] Criminal penalties.
27 * * *
28 Section 6. The act is amended by adding a section to read:
29 Section 108.1. Civil penalties.
30 (a) Authority to issue.--
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1 (1) In addition to proceeding under any other remedy
2 available at law or in equity for a violation of any
3 provision of this act, any rule or regulation of the
4 department or order of the department or any term or
5 condition of any permit issued by the department, the
6 department may assess a civil penalty upon a person for such
7 violation. Such a penalty may be assessed whether or not the
8 violation was willful or negligent.
9 (2) In determining the amount of the penalty, the
10 department shall consider the willfulness of the violation,
11 damage to air, water, land or other natural resources of the
12 Commonwealth or their uses, cost of restoration and
13 abatement, savings resulting to the person in consequence of
14 such violation, and other relevant factors.
15 (b) Notice and appeal.--
16 (1) When the department assesses a civil penalty, it
17 shall inform the person or municipality of the proposed
18 amount of said penalty.
19 (2) The person charged with the penalty shall then have
20 30 days to pay the penalty in full or, if the person wishes
21 to contest either the amount of the penalty or the fact of
22 the violation, the person shall within such 30 day period
23 file an appeal of such action with the Environmental Hearing
24 Board.
25 (3) Failure to appeal within 30 days shall result in a
26 waiver of all legal rights to contest the violation or the
27 amount of the penalty.
28 (c) Amount.--The maximum civil penalty which may be assessed
29 pursuant to this section is $25,000 per offense. Each violation
30 for each separate day and each violation of any provision of
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1 this act, any rule or regulation under this act, any order of
2 the department, or any term or condition of a permit shall
3 constitute a separate and distinct offense under this section.
4 (d) Deposit of penalties collected.--All penalties collected
5 under this section and section 108 shall be deposited into the
6 Used Tire Pile Remediation Restricted Account established in
7 section 110.
8 Section 7. Sections 109 and 110(c) of the act are repealed.
9 Section 8. Section 111(e) of the act is amended to read:
10 Section 111. Remediation grants.
11 * * *
12 (e) Limitation.--
13 (1) Grants under this section shall not be used for the
14 purchase of equipment.
15 (2) No grant recipient may dispose of whole used or
16 waste tires in landfills if the whole used or waste tires are
17 acceptable for recycling, reuse or energy recovery.
18 (3) Grant recipients shall make the whole used or waste
19 tires or processed tires available to an appropriate facility
20 for reuse, recycling or energy recovery, including resource
21 recovery.
22 * * *
23 Section 9. The act is amended by adding a section to read:
24 Section 111.1. Remediation liens.
25 (a) Effect of remediation activity.--The amount of a grant
26 issued under section 111 for remediation that is attributable to
27 or expended on a specific site where the grant recipient
28 conducts remediation activity and the benefits accruing to the
29 land on which the site is located shall be chargeable against
30 the land and shall mitigate or offset any claim in or any action
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1 brought by any owner of any interest in the land for any damages
2 by virtue of the remediation activity. This subsection shall not
3 be construed to establish a new right of action or eliminate any
4 existing immunity.
5 (b) Statement to be filed with prothonotary.--Within six
6 months after the completion of remediation activity by a grant
7 recipient on a site, the department shall itemize the amount of
8 grant moneys expended on remediation of the site and may file a
9 statement thereof in the office of the prothonotary of the
10 county in which the land is situated. The department shall affix
11 to the statement a notarized appraisal by an independent
12 appraiser of the value of the land before and after the
13 remediation, if the moneys so expended shall result in a
14 significant increase in property value. The statement shall
15 constitute a lien upon the land as of the date of the
16 expenditure of the moneys and shall have priority as a lien
17 second only to the lien of real estate taxes imposed on the
18 land.
19 (c) Amount of lien.--The amount of the lien shall not exceed
20 the amount determined by the appraisal to be the increase in the
21 market value of the land as a result of the remediation
22 immediately after the grant recipient has completed its work and
23 the lien shall extend only to that portion of the land directly
24 involved in the remediation activity.
25 (d) Rights of landowner.--The landowner may proceed as
26 provided in the act of June 22, 1964 (Sp.Sess., P.L.84, No.6),
27 known as the Eminent Domain Code, to petition for a board of
28 view within 60 days of the filing of the lien to determine the
29 increase in the market value of that portion of the land
30 directly involved in the remediation activity. The amount
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1 reported by the board of viewers to be the increase in value of
2 the land shall constitute the amount of the lien and shall be
3 recorded with the statement required by subsection (b).
4 (e) Right of appeal.--Any party aggrieved by the decision of
5 the board of viewers may appeal as provided in the Eminent
6 Domain Code.
7 (f) Entry and enforcement of lien.--The lien authorized by
8 this section shall be entered in the judgment index and shall be
9 given the effect of a judgment against the land. The lien shall
10 be enforced by the direct issuance of a writ of execution
11 without prosecution to judgment of a writ of scire facias in the
12 manner provided by law for enforcement, collection and
13 enforcement of Commonwealth liens.
14 (g) Construction.--Entry by a grant recipient upon lands for
15 the purpose of remediation under this act shall not be construed
16 as an act of condemnation of property or of trespass thereon.
17 Section 10. Section 113 of the act is amended to read:
18 Section 113. Commonwealth recycling and use of waste tires.
19 (a) Use of waste tires by Commonwealth agencies.--[Within
20 two years after the effective date of this act] By July 30,
21 2004, the Department of Conservation and Natural Resources, THE <--
22 DEPARTMENT OF CORRECTIONS, THE DEPARTMENT OF EDUCATION, the
23 Department of Environmental Protection [and], THE DEPARTMENT OF <--
24 GENERAL SERVICES, the Department of Transportation, THE STATE <--
25 SYSTEM OF HIGHER EDUCATION AND THE STATE-RELATED UNIVERSITIES
26 shall, to the maximum extent practicable and feasible, give due
27 consideration to the use of waste tires in all appropriate
28 construction and engineering activities which are paid with
29 public funds.
30 (b) Reports.--[Within three years after the effective date
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1 of this act, the Department of Conservation and Natural
2 Resources, the Department of Environmental Protection and the
3 Department of Transportation] By July 30, 2004, the Department
4 of General Services ENVIRONMENTAL PROTECTION shall submit a <--
5 report to the Environmental Resources and Energy Committee of
6 the Senate and the Environmental Resources and Energy Committee
7 of the House of Representatives concerning the implementation of
8 this section. The report shall include a description of what
9 actions the agencies have taken in the previous two years to
10 implement this section.
11 Section 11. The act is amended by adding sections to read:
12 Section 114. Waste tire collection programs.
13 (a) General rule.--An individual, local government,
14 business, corporation or other organization shall operate waste
15 tire collection programs only in accordance with requirements
16 established by the department.
17 (b) Department approval.--No person, local government,
18 business, corporation or other organization shall establish a
19 program for the collection of whole used or waste tires without
20 approval from the department.
21 (c) Qualifications.--No individual, local government,
22 business, corporation or other organization may be selected to
23 operate a waste tire collection program unless the ability to
24 properly collect, transport and process waste tires is
25 demonstrated to the satisfaction of the department.
26 (d) Program recordkeeping.--Each approved program shall
27 maintain records regarding the collection, transportation and
28 processing of whole used or waste tires. Recordkeeping
29 requirements shall be determined by the department and shall
30 include at least the following:
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1 (1) The number of whole used or waste tires collected.
2 (2) The number of tires transported.
3 (3) The waste tire hauler authorization number.
4 (e) Availability of records.--All records shall be made
5 available to the department upon request.
6 Section 115. Grants for waste tire collection programs.
7 (a) General rule.--The department may provide grants to
8 individuals, local governments, businesses, corporations or
9 other organizations for reimbursement of eligible costs for
10 waste tire collection programs approved by the department.
11 (b) Grant disbursement.--The department shall establish a
12 grant ceiling for each proposed collection program based on the
13 number of tires to be collected and the estimated processing
14 costs.
15 (c) Restrictions.--Grants awarded under this section shall
16 be subject to the following:
17 (1) Grant recipients shall apply the funds received from
18 the department only to those purposes and activities
19 authorized by the department or otherwise approved by the
20 department.
21 (2) The department may not award the grants to any
22 individual, local government, business, corporation or other
23 organization that has contributed in any manner to the
24 creation of a waste tire pile.
25 (3) Any additional restrictions which the Environmental
26 Quality Board, by regulation, may designate so long as the
27 restriction is promulgated in regulation.
28 (d) Funding limitation.--Commencing with the fiscal year
29 beginning July 1, 2002, and continuing through the fiscal year
30 beginning July 1, 2006, the department may not expend more than
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1 $250,000 each fiscal year from the Recycling Fund created by
2 section 706 of the act of July 28, 1988 (P.L.556, No.101), known
3 as the Municipal Waste Planning, Recycling and Waste Reduction
4 Act, for awarding grants under this section.
5 Section 12. This act shall take effect in 60 days.
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