SENATE AMENDED
PRIOR PRINTER'S NOS. 838, 2916, 3460, PRINTER'S NO. 4132
3927, 4092
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
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 26, 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. Section THE DEFINITION OF "WASTE TIRE" IN SECTION <--
2 104 of the act of December 19, 1996 (P.L.1478, No.190),
3 entitled, "An act relating to the recycling and reuse of waste
4 tires; providing for the proper disposal of waste tires and the
5 cleanup of stockpiled tires; authorizing investment tax credits
6 for 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 by adding a <--
13 definition AND THE SECTION IS AMENDED BY ADDING DEFINITIONS to <--
14 read:
15 Section 104. Definitions.
16 The following words and phrases when used in this chapter
17 shall have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 * * *
20 "ENERGY RECOVERY." THE USE OF WHOLE OR PROCESSED WASTE TIRES <--
21 TO SUPPLEMENT THE COMBUSTION OF FOSSIL FUELS OR THE COMBUSTION
22 OF WHOLE OR PROCESSED WASTE TIRES IN A RESOURCE RECOVERY
23 FACILITY.
24 * * *
25 "WASTE TIRE." A TIRE THAT WILL NO LONGER BE USED FOR THE
26 PURPOSE FOR WHICH IT WAS ORIGINALLY INTENDED. THE TERM INCLUDES
27 A TIRE THAT HAS BEEN DISCARDED.
28 "Waste tire hauler." Any person that transports whole used
29 or waste tires in this Commonwealth for business-related
30 purposes. The Secretary of Environmental Protection shall <--
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1 promulgate regulations that establish a standard for determining
2 the registration of an individual or business that transports
3 whole used or waste tires. This term does not include persons
4 who haul their own waste tires in the course of routine tire
5 replacement.
6 Section 2. Section 106(a) of the act is amended to read:
7 Section 106. Disposal of whole waste tires.
8 (a) Landfill disposal prohibited.--No person shall knowingly
9 mix any whole used or waste tires with solid waste for disposal
10 IN A LANDFILL. Owners or operators of landfills shall not accept <--
11 whole used or waste tires for disposal. Nothing in this section
12 shall be construed:
13 (1) to prohibit the disposal at landfills of occasional
14 whole used or waste tires unknowingly and inadvertently mixed
15 with solid waste[.]; or
16 (2) to preclude the department from such disposal if it
17 determines that such disposal is necessary.
18 * * *
19 Section 3. The act is amended by adding sections to read:
20 Section 106.1. Registration AUTHORIZATION program. <--
21 (a) Duty of department.--The department shall establish an
22 authorization program for waste tire haulers.
23 (b) Authorization number to be issued.--The department shall
24 issue an authorization number for each waste tire hauler.
25 (c) Renewal required.--Authorization expiration and renewal
26 shall be determined by the department.
27 (d) Authorization fee.--Each waste tire hauler shall pay an
28 annual authorization fee of $50. ALL FEES RECEIVED BY THE <--
29 DEPARTMENT PURSUANT TO THIS SUBSECTION SHALL BE DEPOSITED INTO
30 THE USED TIRE PILE REMEDIATION RESTRICTED ACCOUNT ESTABLISHED IN
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1 SECTION 110, AND SHALL BE USED BY THE DEPARTMENT FOR THE
2 IMPLEMENTATION AND MANAGEMENT OF THE AUTHORIZATION PROGRAM. THE
3 DEPARTMENT SHALL EVALUATE AND MODIFY THE AUTHORIZATION FEE IN AN
4 AMOUNT TO COVER THE ACTUAL COSTS OF THE DEPARTMENT IN
5 IMPLEMENTING AND MANAGING THE AUTHORIZATION PROGRAM. THE
6 DEPARTMENT SHALL PUBLISH ANY SUCH MODIFICATION AS A NOTICE IN
7 THE PENNSYLVANIA BULLETIN.
8 (e) Authorization required.--It shall be unlawful for a
9 waste tire hauler to transport waste tires without obtaining
10 authorization from the department under this section.
11 (f) Nontransferability.--An authorization for a waste tire
12 hauler shall not be transferable.
13 (G) POWERS AND DUTIES OF ENVIRONMENTAL QUALITY BOARD.--THE <--
14 ENVIRONMENTAL QUALITY BOARD SHALL HAVE THE POWER AND DUTY TO
15 ADOPT THE SUCH REGULATIONS OF THE DEPARTMENT AS IT DEEMS <--
16 NECESSARY AND APPROPRIATE TO ACCOMPLISH THE PURPOSES AND TO
17 CARRY OUT THE PROVISIONS OF THIS ACT.
18 Section 106.2. Documentation and recordkeeping.
19 (a) Duty of waste tire haulers.--Each waste tire hauler
20 shall maintain records of waste tires transported. The record
21 shall be on a form approved by the department.
22 (b) Nature of records to be maintained.--Recordkeeping
23 requirements shall be determined by the department and shall
24 include at least the following:
25 (1) The number of waste tires transported.
26 (2) The waste tire hauler authorization number.
27 (3) THE LOCATION WHERE THE WASTE TIRES WERE DISPOSED OF <--
28 OR TRANSPORTED TO.
29 (c) Records retention.--All records shall be retained by the
30 waste tire hauler for a period of five years. The records shall
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1 be made available to the department upon request.
2 Section 106.3. Waste tire registry.
3 (a) Establishment.--The department shall establish and
4 maintain a registry of authorized waste tire haulers in this
5 Commonwealth. The registry shall include the information
6 required for issuance of an authorization under this section and
7 any other relevant information as the department deems necessary
8 and appropriate. The information in the registry shall be a
9 matter of public record and shall be made readily available to
10 the public.
11 (b) Toll-free number.--The department shall establish and
12 maintain a toll-free number which any person in this
13 Commonwealth may call to request information contained in the
14 registry established under subsection (a). Any person suspecting
15 a violation of this act may also call this toll-free number to
16 report a suspected violation to the department.
17 (C) DUTY TO USE AUTHORIZED HAULER.--NO PERSON MAY ACCEPT <--
18 WHOLE USED OR WASTE TIRES FROM A WASTE TIRE HAULER THAT DOES NOT
19 HAVE A VALID AUTHORIZATION AS PROVIDED UNDER THIS ACT. FAILURE
20 TO COMPLY WITH THIS PROVISION SHALL RESULT IN A CIVIL PENALTY
21 ASSESSMENT AS PROVIDED UNDER SECTION 108.1.
22 Section 106.4. Revocation.
23 The department may suspend, revoke or deny any authorization
24 issued under this act for a specified length of time to be
25 determined by the department for:
26 (1) Failure to maintain a complete and accurate record
27 of waste tires transported.
28 (2) Alteration of recordkeeping documents.
29 (3) Failure to comply with any rule or regulation
30 established by the department under this act or the act of
20010H0754B4132 - 5 -
1 July 7, 1980 (P.L.380, No.97), known as the Solid Waste
2 Management Act.
3 Section 4. Section 107 of the act is amended to read:
4 Section 107. Priority enforcement list.
5 (a) Development of list of waste tire sites.--Within 90 days
6 of the effective date of this act, the department shall identify
7 and develop a Statewide list of waste tire sites with more than
8 10,000 waste tires known or estimated to be stockpiled. The
9 department shall rank the waste tire sites according to their
10 potential for creating environmental health and safety hazards
11 and designate these sites as priority sites to those facilities
12 requesting tax investment credits under section 109.
13 (b) Maintenance of updated list.--The department shall
14 review and update the priority enforcement list every two years.
15 (c) Municipal notification.--For the purposes of section
16 112, the department shall notify in writing the counties and
17 municipalities of the waste tire sites selected to be listed on
18 the priority enforcement list that are located within their
19 borders.
20 (d) Additional waste tire sites to be listed.--Within one
21 year from the effective date of this subsection, each
22 municipality shall report to the department the existence and
23 location of waste tire sites within its jurisdiction that
24 contain more than 1,500 but less than 10,000 waste tires known
25 or estimated to be stockpiled. Upon receipt of this information,
26 the department shall develop and maintain a Statewide list of
27 waste tire sites containing the amount of waste tires specified
28 in this subsection.
29 Section 5. Section 108 heading of the act is amended to
30 read:
20010H0754B4132 - 6 -
1 Section 108. [Penalties] Criminal penalties.
2 * * *
3 Section 6. The act is amended by adding a section to read:
4 Section 108.1. Civil penalties.
5 (a) Authority to issue.--
6 (1) In addition to proceeding under any other remedy
7 available at law or in equity for a violation of any
8 provision of this act, any rule or regulation of the
9 department or order of the department or any term or
10 condition of any permit issued by the department, the
11 department may assess a civil penalty upon a person for such
12 violation. Such a penalty may be assessed whether or not the
13 violation was willful or negligent.
14 (2) In determining the amount of the penalty, the
15 department shall consider the willfulness of the violation,
16 damage to air, water, land or other natural resources of the
17 Commonwealth or their uses, cost of restoration and
18 abatement, savings resulting to the person in consequence of
19 such violation, and other relevant factors.
20 (b) Notice and appeal.--
21 (1) When the department assesses a civil penalty, it
22 shall inform the person or municipality of the proposed
23 amount of said penalty.
24 (2) The person charged with the penalty shall then have
25 30 days to pay the penalty in full or, if the person wishes
26 to contest either the amount of the penalty or the fact of
27 the violation, the person shall within such 30 day period
28 file an appeal of such action with the Environmental Hearing
29 Board.
30 (3) Failure to appeal within 30 days shall result in a
20010H0754B4132 - 7 -
1 waiver of all legal rights to contest the violation or the
2 amount of the penalty.
3 (c) Amount.--The maximum civil penalty which may be assessed
4 pursuant to this section is $25,000 per offense. Each violation
5 for each separate day and each violation of any provision of
6 this act, any rule or regulation under this act, any order of
7 the department, or any term or condition of a permit shall
8 constitute a separate and distinct offense under this section.
9 (D) DEPOSIT OF PENALTIES COLLECTED.--ALL PENALTIES COLLECTED <--
10 UNDER THIS SECTION AND SECTION 108 SHALL BE DEPOSITED INTO THE
11 USED TIRE PILE REMEDIATION RESTRICTED ACCOUNT ESTABLISHED IN
12 SECTION 106.1(D) 110. <--
13 Section 7. Section 109 of the act is SECTIONS 109 AND 110(C) <--
14 OF THE ACT ARE repealed.
15 Section 8. Section 111(e) of the act is amended to read:
16 Section 111. Remediation grants.
17 * * *
18 (e) Limitation.--
19 (1) Grants under this section shall not be used for the
20 purchase of equipment.
21 (2) No grant recipient may dispose of whole used or
22 waste tires in landfills if the whole used or waste tires are
23 acceptable for recycling, reuse or energy recovery.
24 (3) Grant recipients shall make the whole used or waste
25 tires or processed tires available to an appropriate facility
26 for reuse, recycling or energy recovery, INCLUDING RESOURCE <--
27 RECOVERY.
28 * * *
29 Section 9. The act is amended by adding a section to read:
30 Section 111.1. Remediation liens.
20010H0754B4132 - 8 -
1 (a) Effect of remediation activity.--The amount of a grant
2 issued under section 111 for remediation that is attributable to
3 or expended on a specific site where the grant recipient
4 conducts remediation activity and the benefits accruing to the
5 land on which the site is located shall be chargeable against
6 the land and shall mitigate or offset any claim in or any action
7 brought by any owner of any interest in the land for any damages
8 by virtue of the remediation activity. This subsection shall not
9 be construed to establish a new right of action or eliminate any
10 existing immunity.
11 (b) Statement to be filed with prothonotary.--Within six
12 months after the completion of remediation activity by a grant
13 recipient on a site, the department shall itemize the amount of
14 grant moneys expended on remediation of the site and may file a
15 statement thereof in the office of the prothonotary of the
16 county in which the land is situated. The department shall affix
17 to the statement a notarized appraisal by an independent
18 appraiser of the value of the land before and after the
19 remediation, if the moneys so expended shall result in a
20 significant increase in property value. The statement shall
21 constitute a lien upon the land as of the date of the
22 expenditure of the moneys and shall have priority as a lien
23 second only to the lien of real estate taxes imposed on the
24 land.
25 (c) Amount of lien.--The amount of the lien shall not exceed
26 the amount determined by the appraisal to be the increase in the
27 market value of the land as a result of the remediation
28 immediately after the grant recipient has completed its work and
29 the lien shall extend only to that portion of the land directly
30 involved in the remediation activity.
20010H0754B4132 - 9 -
1 (d) Rights of landowner.--The landowner may proceed as
2 provided in the act of June 22, 1964 (Sp.Sess., P.L.84, No.6),
3 known as the Eminent Domain Code, to petition for a board of
4 view within 60 days of the filing of the lien to determine the
5 increase in the market value of that portion of the land
6 directly involved in the remediation activity. The amount
7 reported by the board of viewers to be the increase in value of
8 the land shall constitute the amount of the lien and shall be
9 recorded with the statement required by subsection (b).
10 (e) Right of appeal.--Any party aggrieved by the decision of
11 the board of viewers may appeal as provided in the Eminent
12 Domain Code.
13 (f) Entry and enforcement of lien.--The lien authorized by
14 this section shall be entered in the judgment index and shall be
15 given the effect of a judgment against the land. The lien shall
16 be enforced by the direct issuance of a writ of execution
17 without prosecution to judgment of a writ of scire facias in the
18 manner provided by law for enforcement, collection and
19 enforcement of Commonwealth liens.
20 (g) Construction.--Entry by a grant recipient upon lands for
21 the purpose of remediation under this act shall not be construed
22 as an act of condemnation of property or of trespass thereon.
23 Section 10. Section 113 of the act is amended to read:
24 Section 113. Commonwealth recycling and use of waste tires.
25 (a) Use of waste tires by Commonwealth agencies.--Within two <--
26 years after the effective date of this act, the Department of
27 Conservation and Natural Resources, the Department of
28 Corrections, the Department of Education, the Department of
29 Environmental Protection [and], the Department of
30 Transportation, the State System of Higher Education and the
20010H0754B4132 - 10 -
1 State-related universities shall, to the maximum extent
2 practicable and feasible, give due consideration to the use of
3 waste tires in all appropriate construction and engineering
4 activities which are paid with public funds.
5 (b) Reports.--Within three years after the effective date of
6 this act, the Department of Conservation and Natural Resources,
7 the Department of Corrections, the Department of Education, the
8 Department of Environmental Protection [and], the Department of
9 Transportation, the State System of Higher Education and the
10 State-related universities shall submit a report to the
11 Environmental Resources and Energy Committee of the Senate and
12 the Environmental Resources and Energy Committee of the House of
13 Representatives concerning the implementation of this section.
14 The report shall include a description of what actions the
15 agencies have taken in the previous two years to implement this
16 section.
17 (A) USE OF WASTE TIRES BY COMMONWEALTH AGENCIES.--[WITHIN <--
18 TWO YEARS AFTER THE EFFECTIVE DATE OF THIS [ACT] AMENDMENT ACT] <--
19 BY JULY 30, 2004, THE DEPARTMENT OF CONSERVATION AND NATURAL
20 RESOURCES, THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE
21 DEPARTMENT OF TRANSPORTATION SHALL, TO THE MAXIMUM EXTENT
22 PRACTICABLE AND FEASIBLE, GIVE DUE CONSIDERATION TO THE USE OF
23 WASTE TIRES IN ALL APPROPRIATE CONSTRUCTION AND ENGINEERING
24 ACTIVITIES WHICH ARE PAID WITH PUBLIC FUNDS.
25 (B) REPORTS.--WITHIN [THREE] TWO [WITHIN THREE YEARS AFTER <--
26 THE EFFECTIVE DATE OF THIS [ACT, THE DEPARTMENT OF CONSERVATION <--
27 AND NATURAL RESOURCES, THE DEPARTMENT OF ENVIRONMENTAL
28 PROTECTION AND THE DEPARTMENT OF TRANSPORTATION] AMENDMENT BY <--
29 JULY 30, 2004, THE DEPARTMENT OF GENERAL SERVICES SHALL SUBMIT A
30 REPORT TO THE ENVIRONMENTAL RESOURCES AND ENERGY COMMITTEE OF
20010H0754B4132 - 11 -
1 THE SENATE AND THE ENVIRONMENTAL RESOURCES AND ENERGY COMMITTEE
2 OF THE HOUSE OF REPRESENTATIVES CONCERNING THE IMPLEMENTATION OF
3 THIS SECTION. THE REPORT SHALL INCLUDE A DESCRIPTION OF WHAT
4 ACTIONS THE AGENCIES HAVE TAKEN IN THE PREVIOUS TWO YEARS TO
5 IMPLEMENT THIS SECTION.
6 Section 11. The act is amended by adding sections to read:
7 Section 114. Waste tire collection programs.
8 (a) General rule.--A person AN INDIVIDUAL, local government, <--
9 business, corporation or other organization shall operate waste
10 tire collection programs only in accordance with requirements
11 established by the department.
12 (b) Registration and department DEPARTMENT approval.--No <--
13 person, local government, business, corporation or other
14 organization shall establish a program for the collection of
15 whole used or waste tires without approval from the department.
16 (c) Qualifications.--No person INDIVIDUAL, local government, <--
17 business, corporation or other organization may be selected to
18 operate a waste tire collection program unless the ability to
19 properly collect, transport and process waste tires is
20 demonstrated to the satisfaction of the department.
21 (d) Program recordkeeping.--Each approved program shall
22 maintain records regarding the collection, transportation and
23 processing of whole used or waste tires. Recordkeeping
24 requirements shall be determined by the department and shall
25 include at least the following:
26 (1) The number of whole used or waste tires collected.
27 (2) The number of tires transported.
28 (3) The waste tire hauler authorization number.
29 (e) Availability of records.--All records shall be made
30 available to the department upon request.
20010H0754B4132 - 12 -
1 Section 115. Grants for waste tire collection programs.
2 (a) General rule.--The department may provide grants to
3 persons INDIVIDUALS, local governments, businesses, corporations <--
4 or other organizations for reimbursement of eligible costs for
5 waste tire collection programs approved by the department.
6 (b) Grant disbursement.--The department shall establish a
7 grant ceiling for each proposed collection program based on the
8 number of tires to be collected and the estimated processing
9 costs.
10 (c) Restrictions.--Grants awarded under this section shall
11 be subject to the following:
12 (1) Grant recipients shall apply the funds received from
13 the department only to those purposes and activities
14 authorized by the department or otherwise approved by the
15 department.
16 (2) The department may not award the grants to any
17 person INDIVIDUAL, local government, business, corporation or <--
18 other organization that has contributed in any manner to the
19 creation of a waste tire pile.
20 (3) Any additional restrictions which the department <--
21 ENVIRONMENTAL QUALITY BOARD, by regulation, may designate so <--
22 long as the restriction is promulgated in regulation.
23 (d) Funding limitation.--Beginning with fiscal year 2001 <--
24 COMMENCING WITH THE FISCAL YEAR BEGINNING JULY 1, 2002, and <--
25 continuing through fiscal year THE FISCAL YEAR BEGINNING JULY 1, <--
26 2006, the department may not expend more than $250,000 each
27 fiscal year from the Recycling Fund created by section 706 of
28 the act of July 28, 1988 (P.L.556, No.101), known as the
29 Municipal Waste Planning, Recycling and Waste Reduction Act, for
30 awarding grants under this section.
20010H0754B4132 - 13 -
1 Section 12. This act shall take effect in 60 days.
A26L27DMS/20010H0754B4132 - 14 -