Amends TCA Title 55, Chapter 14; Title 67, Chapter 4, Part 16 and Title 68, Chapter 211.

This bill prohibits a person from transporting waste tires in this state unless the person has obtained a waste tire hauler permit from the department of environment and conservation, or, for an interim period determined by the department, is in the process of applying to the department for a waste tire hauler permit. A waste tire hauler permit will not be required for the transportation of waste tires under a program for which the department has awarded a grant under the present law tire environmental program for the collection, transportation, and processing related to end-markets for waste tire.<br /> <br /> Under this bill, it will be a Class C misdemeanor for a person to transport waste tires in this state without a waste tire hauler permit, unless the person is exempt from the permit requirement under the above-described provisions or pursuant to rule. This bill provides for the commissioner bringing suit in the name of the department for a violation related to the control and prevention of the illegal transport of waste tires in this state.<br /> <br /> Present law imposes a tire pre-disposal fee of $1.35 per tire, which is imposed on each person exercising the privilege of making retail sales of new tires in this state. This bill makes the sale of used tires subject to the fee. Under present law, a dealer is allowed a deduction of the fee in the amount of 10 cents per tire reported on the return, and the remaining amount of the tire pre-disposal fee, after all other fees have been allocated, must be allocated as follows: <br /> <br /> (1) If a county does not have a tire grant contract with the department pursuant to the waste tire program, $1.00 per tire sold in that county must be sent directly by the commissioner of revenue to such county to be used for beneficial end use of waste tires and not used for any other purposes; and<br /> <br /> (2) If a county does have a tire grant contract with the department pursuant to the waste tire program the remainder of the fee per tire sold in that county must be allocated to the solid waste management fund. The department must return at least $1.00 per tire sold in such counties to the county under its grant contract. If the grant contract does not allow the department to return at least $1.00 per tire sold in a county to such county, or would require repayment of such funds, then the department must return at least $1.00 per tire sold in such county to the county through additional grants, unrelated to the tire grant contract, for beneficial end use of waste tires and not used for any other purposes.<br /> <br /> This bill expands the purposes for which the revenues may be expended in the provisions above from solely beneficial end use of waste tires to include illegal waste tire dumping enforcement and waste tire removal.<br />