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ALEC Waste Tire Abatement Act

ALEC Waste Tire Abatement Act

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Published by ALEC Watch

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Published by: ALEC Watch on Jul 13, 2011
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02/09/2014

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,.w.ICALF:castATIVE
EXCHANGEE COVNCILWaste Tire Abatement Act1998 Alternative Model Legislation
Providing for nuisance abatement from
improper waste tire
treatment. Establishing a waste tire abatement fund.Providing for grants for the beneficial disposal of waste tires,imposing additional powers and duties on the(environmental agency), providing penalties, making anapproptiation, and ma!&g repeals.
Model legislation
{Title, enacting clause, etc.}Section 1. {Title} This act may be cited as the Waste TireRecycling and Abatement Act.Section 2. {Legislative fmdings and declarations ofpolicy. } The (legislative body) fmds and declares asfollows:(A) An estimated two billion old tires lie in the nation’sdumps, with several million added each year.@) ps state) scraps approximately 0 tires annually. Manywaste tires are stodrpiled or dumped illegally because ofthe difficulty and expense involved in landflling wholetires.(C) Tire dumps attract mosquitoes and are susceptible tofires that create hazardous liquids and noxious emissions,posing a threat to public health and the environment.Section 3. {Defnitions. } As used in this Act:(A) “Department.” The (environment agency)@) “Fund.” The Waste Tire Abatement Fund(C) “Nuisance.” An unreasonable danger to humanhealth and safety or to the environment.
 
@) “Tires.” Any solid or air-filled covetigs forautomobile or light truck wheels.@) “Tire dump.” Any location without a required wastepermit that is used for stotig or disposing of waste tires0 “Waste tire.” A tire no longer suitable for its intendedpurpose because of wear, damage, or defect.(G) “Waste tire site.” A site that is used for the storage ordisposal of 1,000 or more whole waste tires and which isoperated as a permitted facility or in conjunction with apermitted facility.@I) “Abatement Priority Site.” Any tire dump identified bythe department as posing a significant threat to human healthand safety or to the environment.(I) “Abatement Priority List.” A list of “AbatementPriority Sites” (as in subsection (I) above) to beprepared and reviewed by the department on asemiannual basis.
Section
4. {Waste tire nuisance; abatement.}(A) Nuisance. A tire dump unreasonably endangers thehealth, safety and welfare of the public and is a nuisance.(B) Abatement. The department may abate a nuisancecaused by improper tire disposal by providing for theremoval and disposal of the tires. Before taking any actionto abate the nuisance, the department shall give notice to theowner that the tire dump constitutes a nuisance and requirethat the tires be removed within a specified period or showcause in court that no nuisance exists and thus abatement isnot necessary. Failure of the owner to take the requiredaction within the specified period shall result in the issuanceof a department order to abate the nuisance. Should theowner fail to abate the nuisance as required by the order, thedepartment shall proceed to abate the nuisance and recovercosts under Section 3.(C) Recovery of expenses. In addition to the assessment of apenalty pursuant to Section 13, the department may recoverany reasonable and necessary expense incurred by thedepartment for abatement costs and administrative and legalcosts in a civil action brought against any owner or tirecollector responsible for the
 
nuisance. The department’s certification of expenses shallbe p&a facie evidence that the expenses are reasonableand necessary.
Section
5. {Permits required for holding or stotigtires. }(A) Any person who stores more than 250 tires shall obtaina solid waste permit from the department unless exemptedunder subsection (B).(B)Exemptions. The following persons are not required toobtain a permit:(1) A retail tire dealer for a retail sales site if no more than500 waste tire are kept on the business premises and ifnone is kept on the premises for any period longer than
45
days.(2) A retail dealer for a retail sales sites which is serving as awaste tire collection center if no more than 1,000 tires arekept on the business premises and if none is kept on thepremises for any period longer than 45 days.
(3)
An owner or operator
of a tire retreading business if nomore than 1,000 waste tires are kept on the businesspremises and if none is kept on the premises for any periodlonger than 45 days.
(3)
An owner or operator of a business who, in the ordinarycourse of business, removes tires from motor vehicles if nomore than 500 waste tires are kept on the business premisesand if none is kept on the premises for any period longer
than 45
days.
(4)
A person using waste tires for agticultural purposes ifthe waste tires are kept on the site of use, provided that thewaste tires are regularly used for bona fide agGxlturalpurposes.
(5)
A person using waste tires for erosion control, bankstabilization and other conservation
projects
if practiced inaccordance with a written conservation plan approved bythe department.(C) Permit fee. The department shall establish reasonablepermit fees. The revenue from permit fees shall be paidinto the fund.
Section 6. {Disposal
by means of beneficial uses. }

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