PRIOR PRINTER'S NO. 1321 PRINTER'S NO. 1946
No. 1114 Session of 2005
INTRODUCED BY YUDICHAK, W. KELLER, CAPPELLI, TIGUE, ARGALL,
BASTIAN, BELFANTI, CALTAGIRONE, CAWLEY, CORRIGAN, CRAHALLA,
DALLY, FABRIZIO, FREEMAN, GEORGE, GODSHALL, GOOD, GOODMAN,
GRUCELA, HALUSKA, HASAY, HERMAN, HERSHEY, HESS, HUTCHINSON,
JOSEPHS, KIRKLAND, LEACH, LEDERER, LEH, MANN, MUNDY, NICKOL,
O'NEILL, PICKETT, READSHAW, REICHLEY, SCAVELLO, SHANER,
SOLOBAY, TANGRETTI, THOMAS, WALKO, WANSACZ, WRIGHT,
YOUNGBLOOD, COSTA AND BROWNE, MARCH 29, 2005
AS RE-REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 10, 2005
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 "RECYCLED TIRE PRODUCT" AND "waste <--
14 tire recycling facility"; and further providing for the
15 disposal of whole waste tires, for Environmental Quality
16 Board regulations, for waste tire registry and for
17 remediation liens.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. The definition of "waste tire" in section 104 of
21 the act of December 19, 1996 (P.L.1478, No.190), entitled "An
22 act relating to the recycling and reuse of waste tires;
1 providing for the proper disposal of waste tires and the cleanup
2 of stockpiled tires; authorizing investment tax credits for
3 utilizing waste tires; providing remediation grants for the
4 cleanup of tire piles and for pollution prevention programs for
5 small business and households; establishing the Small Business
6 and Household Pollution Prevention Program and management
7 standards for small business hazardous waste; providing for a
8 household hazardous waste program and for grant programs; making
9 appropriations; and making repeals," amended July 10, 2002
10 (P.L.781, No.111), is amended and the section is amended by
11 adding a definition DEFINITIONS to read: <--
12 Section 104. Definitions.
13 The following words and phrases when used in this chapter
14 shall have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 * * *
17 "RECYCLED TIRE PRODUCT." RUBBER MATERIAL DERIVED FROM WASTE <--
18 TIRES PRODUCED AT A PERMITTED WASTE TIRE RECYCLING FACILITY AND
19 INTENDED FOR BENEFICIAL USE.
20 * * *
21 "Waste tire." A tire that will no longer be used for the
22 purpose for which it was originally intended. The term includes
23 a tire that has been discarded by any owner or user even though
24 the tire may have some remaining useful life. A tire becomes a
25 waste tire when it is discarded by any owner or user.
26 * * *
27 "Waste tire recycling facility." A facility whose purpose is
28 the systemic collection, sorting, storage, recapping or cleaning
29 of waste tires to return them to commerce for use as
30 commodities. The term includes a facility that may use waste
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1 reduction, reuse or recycling equipment to process or convert
2 waste tires into a beneficial product or productive use.
3 Section 2. Section 106 of the act is amended by adding a
4 subsection to read:
5 Section 106. Disposal of whole waste tires.
6 * * *
7 (e) Permit.--No person shall construct, alter, operate or
8 utilize a waste tire recycling facility without a processing
9 permit from the department as required by the act of July 7,
10 1980 (P.L.380, No.97), known as the Solid Waste Management Act,
11 or in violation of the regulations promulgated thereunder that
12 relate to the storage of waste tires.
13 Section 3. Sections 106.1(g), 106.3(c) and 111.1 of the act,
14 added July 10, 2002 (P.L.781, No.111), are amended to read:
15 Section 106.1. Authorization program.
16 * * *
17 (g) Powers and duties of Environmental Quality Board.--The
18 Environmental Quality Board shall have the power and duty to
19 adopt such regulations of the department as it deems necessary
20 and appropriate to accomplish the purposes and to carry out the
21 provisions of this act[.], including regulations that:
22 (1) Encourage the processing OF WASTE TIRES and <--
23 beneficial use of waste tires AND RECYCLED TIRE PRODUCTS when <--
24 the department determines that the processing and use does
25 not harm or present a threat of harm to the health, safety or
26 welfare of the people or environment of this Commonwealth.
27 (2) Allow the department to determine that waste tires,
28 after processing or when beneficially used, no longer
29 constitute a waste.
30 (3) ENCOURAGE THE BENEFICIAL USE OF RECYCLED TIRE <--
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1 PRODUCTS.
2 Section 106.3. Waste tire registry.
3 * * *
4 (c) Duty to use authorized hauler.--No person may provide
5 whole used or waste tires to a waste tire hauler that does not
6 have a valid authorization as provided under this act. No person
7 may accept whole used or waste tires from a waste tire hauler
8 that does not have a valid authorization as provided under this
9 act. Failure to comply with this provision shall result in a
10 civil penalty assessment as provided under section 108.1.
11 Section 111.1. Remediation liens.
12 (a) Effect of remediation activity.--The amount of a grant
13 issued under section 111 for remediation that is attributable to
14 or expended on a specific site where the grant recipient
15 conducts remediation activity and the benefits accruing to the
16 land on which the site is located shall be chargeable against
17 the land and shall mitigate or offset any claim in or any action
18 brought by any owner of any interest in the land for any damages
19 by virtue of the remediation activity. This subsection shall not
20 be construed to establish a new right of action or eliminate any
21 existing immunity.
22 [(b) Statement to be filed with prothonotary.--Within six
23 months after the completion of remediation activity by a grant
24 recipient on a site, the department shall itemize the amount of
25 grant moneys expended on remediation of the site and may file a
26 statement thereof in the office of the prothonotary of the
27 county in which the land is situated. The department shall affix
28 to the statement a notarized appraisal by an independent
29 appraiser of the value of the land before and after the
30 remediation if the moneys so expended shall result in a
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1 significant increase in property value. The statement shall
2 constitute a lien upon the land as of the date of the
3 expenditure of the moneys and shall have priority as a lien
4 second only to the lien of real estate taxes imposed on the
5 land.
6 (c) Amount of lien.--The amount of the lien shall not exceed
7 the amount determined by the appraisal to be the increase in the
8 market value of the land as a result of the remediation
9 immediately after the grant recipient has completed its work,
10 and the lien shall extend only to that portion of the land
11 directly involved in the remediation activity.
12 (d) Rights of landowner.--The landowner may proceed as
13 provided in the act of June 22, 1964 (Sp.Sess., P.L.84, No.6),
14 known as the Eminent Domain Code, to petition for a board of
15 view within 60 days of the filing of the lien to determine the
16 increase in the market value of that portion of the land
17 directly involved in the remediation activity. The amount
18 reported by the board of viewers to be the increase in value of
19 the land shall constitute the amount of the lien and shall be
20 recorded with the statement required by subsection (b).
21 (e) Right of appeal.--Any party aggrieved by the decision of
22 the board of viewers may appeal as provided in the Eminent
23 Domain Code.
24 (f) Entry and enforcement of lien.--The lien authorized by
25 this section shall be entered in the judgment index and shall be
26 given the effect of a judgment against the land. The lien shall
27 be enforced by the direct issuance of a writ of execution
28 without prosecution to judgment of a writ of scire facias in the
29 manner provided by law for enforcement, collection and
30 enforcement of Commonwealth liens.
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1 (g) Construction.--Entry by a grant recipient upon lands for
2 the purpose of remediation under this act shall not be construed
3 as an act of condemnation of property or of trespass thereon.]
4 (b.1) Escrow.--After the completion of remediation activity
5 by a grant recipient on a site, the department shall itemize the
6 amount of grant moneys expended on remediation of the site and
7 inform any person or municipality that has contributed in any
8 manner to the creation of the waste tire pile or that owns the
9 site of the amount of grant moneys that have been expended. The
10 person or municipality charged with the amount shall then have
11 30 days to pay the amount in full or, if the person or
12 municipality wishes to contest the amount, its contribution to
13 the waste tire pile or its ownership of the site, either to
14 forward the amount to the department for placement in an escrow
15 account with the State Treasurer or with a bank in this
16 Commonwealth or to post an appeal bond in the amount. The bond
17 must be executed by a surety licensed to do business in this
18 Commonwealth or contain collateral and must be satisfactory to
19 the department. If, through administrative or judicial review of
20 the amount, it is determined that the person or municipality did
21 not contribute to the creation of the waste tire pile or did not
22 own the site or that the amount shall be reduced, the department
23 shall, within 30 days, remit the appropriate amount to the
24 person or municipality. Failure to forward the money or the
25 appeal bond to the department within 30 days shall result in a
26 waiver of all legal rights to contest the contribution of the
27 person or municipality to the creation of the waste tire pile,
28 the ownership of the site or the amount charged against the
29 person or municipality.
30 (c.1) Lien.--If the person or municipality liable to pay the
20050H1114B1946 - 6 -
1 amount of grant moneys expended on remediation of a site
2 neglects or refuses to pay the same after demand, the amount,
3 together with interest, shall be a judgment in favor of the
4 Commonwealth upon the property of such person or municipality,
5 but only after the same has been entered and docketed of record
6 by the prothonotary where such property is situated. The
7 Commonwealth may, at any time, transmit to the prothonotaries of
8 the respective counties certified copies of all such judgments,
9 and it shall be the duty of each prothonotary to enter and
10 docket the same of record in the prothonotary's office, and to
11 index the same as judgments are indexed, without requiring the
12 payment of costs as a condition precedent to the entry thereof.
13 Any lien on real estate shall have priority second only to the
14 lien of real estate taxes imposed on the land.
15 (d.1) Limitation on action.--Notwithstanding any other
16 provision of law to the contrary, actions for the recovery of
17 grant moneys expended under this section may be commenced at any
18 time within a period of 20 years from the date it is discovered
19 that the person or municipality contributed, in any manner, to
20 the creation of the waste tire pile.
21 (e.1) Deposit of amounts collected.--All grant moneys
22 collected under this section shall be deposited into the fund or
23 account from which the grant was issued.
24 Section 4. The act is amended by adding a section to read:
25 Section 116. Construction.
26 The definition of "waste tire recycling facility" in section
27 104 and the provisions of section 106(e) shall be construed in
28 pari materia with the permitting requirements of the act of July
29 7, 1980 (P.L.380, No.97), known as the Solid Waste Management
30 Act.
20050H1114B1946 - 7 -
1 Section 5. This act shall take effect in 60 days.
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