Amends TCA Section 67-4-1610 and Title 68, Chapter 211.

WASTE TIRES<br /> <br /> Present law requires the commissioner of revenue to send $1.00 per tire sold in a county to that county to be used for beneficial end use in accordance with existing law, or disposal of waste tires in accordance with existing law, and not used for any other purposes. This bill expands the ways a county can use the $1.00 per tire sold by including the removal of illegally disposed waste tires from public or private property.<br /> <br /> As used in this bill, "beneficial end use" includes cement manufacturing, burning of tire-derived fuel in contained industrial boilers for the capture of energy, production of tire-derived fuel, the crumbling of pyrolysis of tire material, recreational applications, and any use otherwise deemed appropriate by the department of environment and conservation ("department").<br /> <br /> Present law requires the county to include data on how many waste tires it manages and what is done with the waste tires in its annual progress report to the department. This bill requires the county to include data on how many waste tires the county manages, information on the final disposition of waste tires, and documentation of how all funds received under this bill have been expended in its annual progress report to the department.<br /> <br /> WASTE TIRE CLEANUP<br /> <br /> Existing law authorizes the department to provide for the investigation and cleanup of unpermitted waste tire disposal sites and other unpermitted solid waste disposal sites. The department must attempt to recover funds expended from the person responsible for the disposal of the waste tires or solid waste.<br /> <br /> This bill adds the following to the existing law:<br /> <br /> (1) It authorizes the department to provide funds to a local government for the purposes of this bill. The underground storage tanks and solid waste disposal control board is authorized to promulgate rules to effectuate this bill;<br /> <br /> (2) It authorizes the department to consider the local government's demonstrated need and the local government's use of funds received when determining whether to provide funds to a local government;<br /> <br /> (3) It requires a county requesting funds under this bill to comply with the reporting requirements of including data on how many waste tires it manages and what is done with the waste tires in its annual progress report to the department, as determined by the commissioner; and<br /> <br /> (4) It authorizes a local government to use the funds provided under this bill to issue grants to a private party, other than a person responsible for the illegal disposal of waste tires, for the purpose of investigation and cleanup of privately owned, unpermitted, waste tire disposal sites.<br /> <br /> REGISTRATION AS A WASTE TIRE HAULER<br /> <br /> This bill prohibits a person from commercially transporting waste tires in this state unless the person has registered with the department as a waste tire hauler in accordance with this bill and displays an active decal or placard obtained from the department on a vehicle used to transport waste tires. This bill provides it is a Class B misdemeanor to transport waste tires in violation of this bill. Each day of transport in violation of this bill constitutes a separate offense.<br /> <br /> This bill requires the department to administer a waste tire hauler registration program in accordance with rules promulgated by the underground storage tanks and solid waste disposal control board ("board"). In administering the program, the commissioner of environment and conservation ("commissioner") is authorized to issue, deny, suspend, or revoke waste tire hauler registrations. Registration under this bill is deemed to be a license. Suspension or revocation of a registration must be conducted in accordance with existing law.<br /> <br /> This bill authorizes a person whose registration has been denied, suspended, or revoked to appeal that decision within 30 days after the decision is issued by filing a written petition with the commissioner setting forth the grounds and reasons for objection to the decision and requesting a hearing before the board. A contested case hearing for a petition filed under this bill must be conducted in accordance with existing law.<br /> <br /> This bill requires a waste tire hauler to register annually. The annual registration fee is $100, and must be allocated to the solid waste management fund. The application for registration must identify the approximate number of tires to be hauled. An application for renewal must identify the approximate number of tires hauled in the previous year.<br /> <br /> This bill requires, as a condition of registration, that there must be posted with the commissioner a performance bond or other financial assurance acceptable to the commissioner. The amount of the performance bond or other financial assurance must be established by the commissioner based on the approximate number of tires hauled.<br /> <br /> MANIFEST<br /> <br /> This bill requires a person who commercially generates, transports, processes, stores, or disposes of waste tires to use a manifest for the waste tires that contains the following information:<br /> <br /> (1) Names and addresses of transporters;<br /> <br /> (2) Names and addresses of facilities at which waste tires are generated;<br /> <br /> (3) A description of the waste tires;<br /> <br /> (4) Names and addresses of the destinations of the waste tires; and<br /> <br /> (5) Other information as required by rule.<br /> <br /> This bill requires that a person required to use a manifest under this bill must satisfy the following:<br /> <br /> (1) Have the manifest during transport of waste tires for commercial purposes within the state;<br /> <br /> (2) Maintain the manifest for a period of three years from the date the manifest is created; and<br /> <br /> (3) Provide copies of the manifest to the department upon request.<br /> <br /> ENFORCEMENT<br /> <br /> This bill authorizes the commissioner to inspect facilities at which waste tires are generated, transported, processed, stored, or disposed and obtain related records.<br /> <br /> If the commissioner finds that a provision of this bill is not being carried out, and that effective measures are not being taken to comply with this bill, then the commissioner may issue an order for correction to the responsible person. The order must be served by personal service or by registered mail.<br /> <br /> This bill authorizes a person against whom an order of correction is issued to seek review by filing with the commissioner a written petition setting forth the grounds and reasons for objection to the order and requesting a hearing before the board. The order issued by the commissioner becomes final and not subject to review unless the person named in the order files the written petition seeking review within 30 days of the date of receipt of the order.<br /> <br /> A contested case hearing for a petition filed in accordance with this bill must be conducted in accordance with existing law.<br /> <br /> This bill provides that a person who violates a provision of this bill or a rule, regulation, or standard adopted pursuant to this bill is subject to a civil penalty of not less than $100 nor more than $500 per day for each day of violation.<br /> <br /> Additionally, this bill authorizes the commissioner to assess damages resulting from a person's violation of this bill. Damages may include reasonable expenses incurred in investigating and enforcing violations of this bill, and in restoring the air, water, land, and other property to its former condition.<br /> <br /> Finally, this bill authorizes the commissioner to institute legal proceedings to enjoin the violation of this bill or a rule, regulation, or standard adopted pursuant to this bill, and to enforce final orders in a court of competent jurisdiction. In such a suit, the court may grant a temporary or permanent injunction or restraining order. The proceedings must not be tried by jury.<br /> <br /> RULES<br /> <br /> This bill requires the board to promulgate rules to implement this bill. <br /> <br /> EFFECTIVE DATES<br /> <br /> The WASTE TIRES portion of this bill and rulemaking authority takes effect upon becoming a law. However, for all other purposes, this act takes effect on July 1, 2025.<br />