H. B. 4013
(By Delegate Linch)
[Introduced January 12, 2000; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section eight, article eleven,
chapter twenty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to amend chapter
twenty-two of said code by adding thereto a new article,
designated article fifteen-a; and to amend chapter
twenty-four-a of said code by adding thereto a new article,
designated article two-a, all relating to establishing a
program to manage waste tires in this state; authorizing
solid waste landfills to accept waste tires collected by the
division of environmental protection as part of a
remediation project; establishing legislative findings;
defining terms; providing that waste tires are special solid
wastes exempted from certain fees; prohibiting disposal of
waste tires in solid waste facilities and providing
exceptions thereto; providing that waste tires from remediation projects are not subject to tonnage limits,
rates and charges; creating a temporary tire disposal tax to
fund cleanup of waste tires and waste tire piles; providing
for expiration of tax; providing for collection of tax;
providing for administrative procedures; establishing a
waste tire cleanup fund; allowing payment of administrative
expenses; creating criminal and civil penalties for failure
to collect and remit tax; requiring a performance review by
the committee on government operations; requiring the state
division of environmental protection to establish a program
to promote proper cleanup and disposal of waste tires in the
state; providing for collection centers to accept certain
waste tires free of charge; expiring collection program and
funding in two thousand five; establishing liability for
remediation costs and requiring notice; providing for civil
action and foreclosure to recoup costs; requiring that all
tire retailers, tire recappers, tire haulers and
remanufacturers, waste tire processors and monofill
operators be licensed by the division; requiring every tire
retailer to collect a fee to fund remediation of tire piles;
requiring purchasers to provide waste tires for new tires
purchased or sign an acknowledgment regarding proper
disposal; providing certain exceptions thereto; creating a
waste tire tracking system; requiring that tire retailers post signs provided by the division; establishing certain
prohibitions on waste tire disposal; prohibiting persons
from providing tires to nonlicensed or permitted persons or
facilities; creating a business investment tax credit for
waste tire processing equipment; authorizing the tax
commissioner to promulgate legislative rules relating to the
tax credit; establishing criminal offenses for improper
disposal of waste tires and for failure to have a required
license, permit or registration; directing the division of
environmental protection to promulgate rules and providing
guidelines for those rules; authorizing public service
commission to issue certificate of convenience and necessity
for hauling tires; making tire haulers subject to the public
service commission's safety rules and jurisdiction;
requiring bond; establishing time limit for acting on
application; and granting rule-making authority to the
public service commission.
Be it enacted by the Legislature of West Virginia:
That section eight, article eleven, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that chapter twenty-two of
said code be amended by adding thereto a new article, designated
article fifteen-a; and that chapter twenty-four-a of said code be
amended by adding thereto a new article, designated article two-a, all to read as follows:
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 11. WEST VIRGINIA RECYCLING PROGRAM.
§20-11-8. Prohibition on the disposal of certain items; plans
for the proper handling of said items required.
(a) Effective the first day of June, one thousand nine
hundred ninety-four, it shall be unlawful to deposit lead-acid
batteries in a solid waste facility in West Virginia; effective
the first day of June, one thousand nine hundred ninety-six, it
shall be unlawful to deposit tires in a solid waste facility in
West Virginia, except for waste tires collected by the division
as part of remediation projects or other collection efforts in
accordance with the provisions of article fifteen-a, chapter
twenty-two of this code: Provided, That the division may deposit
tires in solid waste facilities only when there is no reasonable
alternative available; and effective the first day of January,
one thousand nine hundred ninety-seven, it shall be unlawful to
deposit yard waste, including grass clippings and leaves, in a
solid waste facility in West Virginia: Provided, however, That
such prohibitions do not apply to a facility designed
specifically to compost such yard waste or otherwise recycle or
reuse such items: Provided however further, That reasonable and
necessary exceptions to such prohibitions may be included as part
of the rules promulgated pursuant to subsection (c) of this section.
(b) No later than the first day of May, one thousand nine
hundred ninety-five, the solid waste management board shall
design a comprehensive program to provide for the proper handling
of yard waste and lead-acid batteries. No later than the first
day of May, one thousand nine hundred ninety-four July, two
thousand, a comprehensive plan shall be designed in the same
manner to provide for the proper handling of tires.
(c) No later than the first day of August, one thousand nine
hundred ninety-five, the division of environmental protection
shall promulgate rules, in accordance with chapter twenty-nine-a
of this code, as amended, to implement and enforce the program
for yard waste and lead-acid batteries designed pursuant to
subsection (b) of this section. No later than the first day of
August, one thousand nine hundred ninety-four, the division of
environmental protection shall promulgate rules, in accordance
with chapter twenty-nine-a of said code, as amended, to implement
and enforce the program for tires designed pursuant to subsection
(b) of this section.
(d) For the purposes of this section, "yard waste" means
grass clippings, weeds, leaves, brush, garden waste, shrub or
tree prunings and other living or dead plant tissues, except
that, such materials which, due to inadvertent contamination or
mixture with other substances which render the waste unsuitable for composting, shall not be considered to be yard waste:
Provided, That the same or similar waste generated by commercial
agricultural enterprises is excluded.
(e) In promulgating the rules required by subsections (b)
and (c) of this section, yard waste, as described in subsection
(d) of this section, the division shall provide for the disposal
of yard waste in a manner consistent with one or any combination
of the following:
(1) Disposal in a publicly or privately operated commercial
or noncommercial composting facility.
(2) Disposal by composting on the property from which
domestic yard waste is generated or on adjoining property or
neighborhood property if consent is obtained from the owner of
the adjoining or neighborhood property.
(3) Disposal by open burning where such activity is not
prohibited by this code, rules promulgated hereunder or municipal
or county codes or ordinances.
(4) Disposal in a publicly or privately operated landfill,
only where none of the foregoing options are available. Such
manner of disposal will involve only small quantities of domestic
yard waste generated only from the property of the participating
resident or tenant.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
ARTICLE 15A. WASTE TIRE MANAGEMENT ACT.
§22-15A-1. Legislative findings.
The purpose of this article is to assure the proper
disposal, recycling or reuse of waste tires in West Virginia, by
establishing a comprehensive program designed to require proper
management of all waste tires and reclamation of existing waste
tire piles. The accumulation of used and waste tires constitutes
a fire hazard posing a threat to both air and water quality, and
further creates a potential health hazard by providing a habitat
for disease spreading mosquitoes. The high costs associated with
remediating existing waste tire piles have prevented the state
from being able to expediently undertake effective tire pile
reclamation measures. Further, mechanisms must be in place to
assure the citizens of this state that in the future their waste
tires and waste tires imported from outside the state are
properly disposed of, recycled or reused in this state.
Therefore, it is the intent of the Legislature to promote and
facilitate the recycling, reuse and proper disposal of waste
tires in this state by establishing mechanisms to ensure that
waste tires are properly collected and disposed of, recycled or
reused; facilitate the abatement of waste tire dumps and their
associated threats to public health; and to encourage investment
in tire recycling equipment and facilities. The Legislature
intends to regulate the generation, tracking and proper disposal
of motorcycle, automobile, light truck and other such tires. The Legislature does not intend to regulate, through this article,
bicycle tires and other tires for vehicles propelled by human
power, large industrial off-road tires utilized for earth moving
operations.
§22-15A-2. Definitions.
The following words and phrases when used in this article
have the meanings given to them in this section unless the
context clearly indicates otherwise:
(1) "Agricultural use" means the use of waste tires for
agricultural purposes as recognized by the division.
(2) "Division" means the division of environmental
protection.
(3) "Monofill" means an approved solid waste facility where
waste tires are placed for the purpose of long-term storage for
eventual retrieval for marketing purposes.
(4) "Motor vehicle" means an automobile, truck, trailer,
motorcycle, agricultural equipment, motorized recreational
vehicle and motorized industrial vehicles: Provided, That off
road industrial vehicles utilized in earth moving activities are
excluded.
(5) "New tire" means a tire which is not used or retreaded,
and is being sold on the market for the first time.
(6) "Remanufacture" means to make a usable product of value
to an end user, other than recapped tires, from waste tires.
(7) "Remediate" or "remediation" means to remove all tires
located above grade at a site and may also include, at the
discretion of the division, the removal of other solid waste
incidental to the removal of tires at a site.
(8) "Retailer of new tires" means a person who engages in
the retail sale of a new tire in any quantity for any use or
purpose by the purchaser other than for resale.
(9) "Tire" means a continuous solid or pneumatic rubber
wheel covering, which has a rim size of twelve inches or more in
diameter. Bicycle tires, other tires for vehicles propelled by
human power and off road vehicle tires utilized in earth moving
activities are not subject to the provisions of this article.
(10) "Tire collector" means a person who owns or operates a
site used for the storage, collection, or deposit of more than
fifty waste tires. A tire collection site is not a solid waste
facility even though the collection site may be located within
the permit area of a solid waste facility.
(11) "Tire derived fuel" means whole or processed waste
tires used as fuel or supplemental fuel.
(12) "Tire derived material" means any shredded, chipped,
crumb rubber or other tire material that has been processed from
a waste tire.
(13) "Tire hauler" means a person engaged in the business of
transporting waste tires for hire or consideration. Tire hauler does not include a person who hauls waste tires generated by
their own business activity.
(14) "Tire processor or waste tire processor" means a person
who owns, operates or otherwise engages in the processing of
waste tires by any means, including, but not limited to,
cryogenics, pyrolysis, pyroprossing, cutting, splitting,
shredding, chipping, grinding or joining for the purpose of
reuse, remanufacturing, recycling, creating fuel or marketing of
waste tires.
(15) "Tire processing site" means a site or any portion of
a site actively used to produce or manufacture raw material feed
stock or other usable materials from waste tires. Waste tire
processing facilities are not solid waste facilities even though
the processing site is located within the permit area of a solid
waste facility.
(16) "Used tires" means a tire that has been removed from a
wheel following a period of use and has been determined by its
owner to have reuse potential as a tire.
(17) "Waste tire" means a tire that is no longer suitable
for its original, intended purpose nor suitable for recapping,
because of wear, damage or defect.
(18) "Waste tire collection center" means a site where waste
tires are collected before being offered for recycling, disposal
or reuse.
§22-15A-3. Waste tires not subject to solid waste tipping fees;
disposal in solid waste facility prohibited;
exceptions; permit and certificate of need not
required; exceptions.
(a) Persons hauling, collecting, disposing or processing
waste tires are not responsible for any solid waste tipping fees
imposed by section five-a, article eleven, chapter twenty;
section eleven, article fifteen, chapter twenty-two; section
four, article sixteen, chapter twenty-two; and section thirty,
article four, chapter twenty-two-c of this code.
(b) The disposal of whole tires in solid waste facilities is
prohibited except as authorized by section eight, article eleven,
chapter twenty and article two, chapter twenty-four of this code
and legislative rules promulgated thereunder. The receipt of
waste tires by a solid waste facility from division sponsored
waste tire remediation projects shall be excluded from the
calculation of monthly tonnage limits and from the rates and
charges established by the public service commission pursuant to
article one, chapter twenty-four of this code.
(c) Persons required to be licensed pursuant to section
seven of this article are not required to obtain a permit or
certificate of need pursuant to the requirements of article
fifteen, chapter twenty-two and article one, chapter twenty-four
of this code unless those persons also engage in activities otherwise regulated by article fifteen, chapter twenty-two and
article one, chapter twenty-four of this code.
(d) Persons utilizing whole waste tires or tire derived
material as raw material feed stock or in a beneficial
application are not required to obtain a solid waste facility
permit pursuant to article fifteen, chapter twenty-two or a
certificate of need pursuant to article two, chapter twenty-four
of this code. These persons shall obtain any permits otherwise
required by articles five, eleven and twelve, chapter twenty-two
of this code. The division shall propose rules on acceptable
applications of whole waste tires and tire derived material as
raw material feed stock or beneficial applications for
legislative promulgation in accordance with the provisions of
article three, chapter twenty-nine-a of this code.
§22-15A-4. Temporary tire disposal tax.
(a) There is hereby levied and imposed upon every sale of a
new tire by retailers of new tires, in addition to all other
taxes and fees now imposed by law, a temporary tax of
seventy-five cents on each new tire sold. The amount of the tax
shall be added to the sales price paid by the ultimate consumer,
and shall constitute a part of that price and be collectable as
such. This temporary tax shall expire and no longer be collected
after the thirtieth day of June, two thousand five.
(b) The temporary tire tax levied under this section shall be collected by the tax commissioner in the same manner that the
consumers sales and service tax is collected under chapter eleven
of this code: Provided, That the exemptions contained in chapter
eleven do not apply to the temporary tire tax. The provisions of
sections four, five, six, seven, eight, nine and ten, article
nine, chapter eleven of this code apply to the temporary tire
tax.
(c) Each and every provision of the "West Virginia Tax
Procedure and Administration Act" set forth in article ten,
chapter eleven applies to the tax imposed by this section, except
as may otherwise be expressly provided in this section, with like
effect as if that act were applicable only to the taxes imposed
by this section.
(d) There is hereby created a special revenue account in the
state treasury known as the "Waste Tire Cleanup Fund." Except as
herein provided, the taxes collected pursuant to subsection (a)
of this section shall be deposited into the "Waste Tire Cleanup
Fund." Seven percent of the taxes collected pursuant to
subsection (a) of this section may be utilized by the division of
environmental protection for the administration of the provisions
of this article. One percent of the taxes collected pursuant to
subsection (a) of this section shall be retained and used by the
tax commissioner to carry out the administrative responsibilities
and duties associated with collection and disbursement of the tax as set forth in this article. The remaining taxes collected
shall be used by the division to eradicate the illegal waste tire
piles in this state and to establish and manage a tire collection
program as set forth in section five of this article.
Expenditures are not authorized from collections but are to be
made only in accordance with appropriation by the Legislature and
in accordance with the provisions of article three, chapter
twelve of this code and upon fulfillment of the provisions of
article two, chapter five-a of this code: Provided, That for the
fiscal year ending the thirtieth day of June, two thousand one,
expenditures are authorized from collections rather than pursuant
to appropriation by the Legislature. Any moneys not utilized by
the division and the tax commissioner for the purposes set forth
herein by the thirtieth day of June, two thousand five, shall be
transferred to the state general revenue fund and the waste tire
cleanup fund shall be dissolved.
(e) The joint committee on government operations shall,
pursuant to authority granted in article ten of chapter four of
this code, conduct a preliminary performance review of the
division's compliance with the waste tire collection and cleanup
mandated in this article and whether it is appropriate to
terminate the temporary tire tax in the year two thousand five.
In conducting such preliminary performance review, the committee
shall follow the guidelines established in section ten, article ten, chapter four of this code.
(f) The committee may direct that the focus of the
preliminary performance review be on a specific area of operation
and may direct further inquiry when necessary.
(g) The division shall file, by the first day of January the
first year of the waste tire cleanup program established by this
article and each ensuing year, an annual report with the joint
committee on government and finance providing details on the
manner in which the waste tire cleanup funds were expended for
the prior fiscal year.
§22-15A-5. State waste tire cleanup program.
(a) The division shall develop a method to promote cleanup
and proper disposal of waste tires throughout the state which
shall include at a minimum:
(1) Encouraging the actual cleanup of waste tires by
citizens, business and state and local governmental entities
throughout the state;
(2) Establishing collection locations, including, but not
limited to, solid waste landfills and transfer stations, where
individuals, volunteer groups, state and local governmental
entities may drop off waste tires without charge; and
(3) Providing technical and financial assistance, as the
division deems necessary, to solid waste authorities and
volunteer groups to establish collection programs which accept waste tires from households or cleanup projects free of charge.
(b) The division shall establish and implement a remediation
program which assures the removal and proper disposal of waste
tires illegally dumped in this state.
(c) The division may establish collection centers; enter
into agreements or contracts with governmental entities, private
business or a combination thereof to accept waste tires. All
solid waste landfills and transfer stations shall be collection
centers and shall designate an area for the collection and
temporary storage of waste tires unless specifically exempted by
the division.
(d) The collection program created herein and the funds
provided pursuant to section four of this article shall expire
the first day of July, two thousand five. Solid waste landfills
and transfer stations may charge a disposal fee for waste tires
not collected as part of a division remediation program or
cleanup effort.
§22-15A-6. Remediation; liability for remediation and court
costs.
(a) Any person who has prior or subsequent to the effective
date of this article illegally disposed of waste tires or has
waste tires illegally disposed on his or her property shall be
liable for:
(1) All costs of removal or remedial action incurred by the division;
(2) Any other necessary costs of remediation including
properly disposing of waste tires and damage to adjacent property
owners; and
(3) All costs incurred in bringing civil actions under this
article.
(b) The division shall notify any person who owns real
property or rights to property where a waste tire pile is located
that remediation of the waste tire pile is necessary. The
division shall make and enter an order directing such person or
persons to remove and properly dispose of the waste tires. The
division shall set a time limit for completion of the
remediation. The order shall be served by registered or
certified mail, return receipt requested, or by a law-enforcement
officer.
(c) If the remediation is not completed within the time
limit, or the person cannot be located, or the person notifies
the division that he or she is unable to comply with the order,
the division may expend funds, as provided herein, to complete
the remediation. Any amounts so expended shall be promptly
repaid by the person or persons responsible for the waste tire
pile. Any person owing remediation costs or damages shall be
liable at law until such time as all costs or damages are fully
paid.
(d) Authorized representatives of the division have the
right, upon presentation of proper identification, to enter upon
any property for the purpose of conducting studies or exploratory
work to determine the existence of adverse effects of a waste
tire pile, to determine the feasibility of the remediation or
prevention of such adverse effects and to conduct remediation
activities provided for herein. Such entry is an exercise of the
police power of the state and for the protection of public
health, safety and general welfare and is not an act of
condemnation of property or trespass thereon. Nothing contained
in this section eliminates any obligation to follow any process
that may be required by law.
(e) There is hereby created a statutory lien upon all real
property and rights to the property from which a waste tire pile
was remediated for all reclamation costs and damages incurred by
the division. The lien created by this section shall arise at
the later of the following:
(1) The time costs are first incurred by the division; or
(2) The time the person is provided, by certified or
registered mail, or personal service, written notice as required
by this section.
The lien shall continue until the liability for the costs or
judgment against the person is satisfied.
(f) Liens created by this section shall be duly recorded in the office of the clerk of the county commission in the county
where the real property is located, be liens of equal dignity,
rank and priority with the lien on such premises of state,
county, school and municipal taxes for the amount thereof upon
the real property served. The division shall have the power and
authority to enforce such liens in a civil action to recover the
money due for remediation costs and damages plus court fees and
costs and reasonable attorney's fees.
(g) The division may foreclose upon the premises by bringing
a civil action, in the circuit court of the county where the
property is located, for foreclosure and an order to sell the
property to satisfy the lien.
(h) Any proceeds from any sale of property obtained as a
result of execution of a lien or judgment under this section for
remediation costs, excluding costs of obtaining judgment and
perfecting the lien, shall be deposited into the general revenue
fund of the state treasury.
(i) The provisions of this section do not apply and no lien
may attach to the right-of-way, easement or other property
interest of a utility, whether electric, gas, water, sewer,
telephone, television cable or other public service unless the
utility contributed to the illegal tire pile.
§22-15A-7. Licensing and manifest requirements.
(a) No person may operate as a retailer of new tires, tire remanufacturer, waste tire processor, monofill operator, tire
hauler or other business that sells, transports, stores, disposes
or processes waste tires in this state without obtaining a
license from the division. The purpose of this license is to
assure that all businesses participating in the flow of tires
from new to waste tires are identified and comply with the
provisions of this article.
(b) Each person licensed pursuant to this section shall
document the removal, transportation and proper disposal of all
waste tires in this state using a manifest form to be provided by
the division. The manifest form requirements shall be
incorporated in the rules promulgated under section twelve of
this article. The division, at a minimum, shall require the
manifest form to include such information as the name, physical
address, mailing address, county and telephone number of the
licensee and other specific information as required to track
waste tires. The top original of the manifest shall be kept by
the tire retailer or other originating licensee at the physical
address from where the waste tires were originally transported.
The tire retailer or other originating licensee must receive the
completed manifest from the tire hauler within sixty days after
the waste tires were transported off-site. The tire retailer or
other originating licensee shall notify the division of any tire
hauler or other entity that fails to complete the manifest, alters the tire retailer's portion of the manifest or fails to
return the manifest within three months after the off-site
transportation. The second original of the manifest shall be
kept at the tire hauler's physical address. The third original
of the manifest shall be kept at the waste tire processor's
physical address. All manifests shall be kept on site for a
period of three years. Any authorized representative of the
division may, at reasonable times, enter onto the licensed site
to inspect manifests. The licensee shall submit a copy of the
manifests to the division upon request from the division.
(c) All licensees shall submit an annual report to the
division setting forth the quantity of tires disposed, processed,
remanufactured, recycled or otherwise beneficially reused.
§22-15A-8. Requirements for retail sale of tires.
(a) Except as otherwise provided in subsection (b) of this
section, each retailer is required to accept one tire of
comparable size for each new tire sold at retail. The retailer
may charge a disposal fee to cover the actual costs of lawful
waste tires disposal. No retail tire dealer licensed by the
division may deliver any waste tire, or part thereof, to a person
not authorized by the state of West Virginia to transport or
accept waste tires.
(b) Any person purchasing a new tire from a retailer must
provide a used or waste tire for each tire purchased or sign a waiver, provided to the tire retailer by the division,
acknowledging that he or she is retaining the waste tire and that
he or she is legally responsible for proper disposal of each tire
retained. These forms are to be kept by the retailer in the same
manner as the tire tracking forms provided for in section seven
of this article. If the tire purchaser returns to the tire
retailer with a signed form given to the purchaser by that
retailer, the retailer must accept up to the total number of
comparable size tires as previously retained by the purchaser:
Provided, That persons having winter tires changed or buying new
winter tires and keeping usable summer tires for later
installation are not required to provide a used or waste tire, or
sign a waiver, or pay the fee authorized by this section.
(c) Each tire retailer shall post in a conspicuous place a
written notice, provided by the division, that bears the
following statements:
(1) "State law requires us to accept your (old) waste tires
for recycling or proper disposal if you purchase new tires from
us."
(2) "State law requires us to charge you a tax of $2.00 per
tire to fund a program to cleanup illegally disposed waste tires
even if you do not leave your tires with us."
(3) "Recycle your (old) waste tires."
(4) "It is a crime to burn, bury or throw away waste tires without authorization or permits from the Division of
Environmental Protection."
This notice must be at least eight and one-half inches wide
and eleven inches high.
§22-15A-9. Prohibitions on waste tire disposal.
(a) No person, except those persons who have received and
maintain a valid permit or license from the state for the
operation of a solid waste facility, waste tire monofill, waste
tire processing facility, or other such permitted activities, may
accumulate more than one hundred waste tires without obtaining a
license or permit from the division.
(b) No person may dispose of waste tires in or upon any
public or private land, any site or facility other than a site
or facility which holds a valid permit issued by the division for
such disposal or usage.
(c) No person may knowingly transport or knowingly allow
waste tires under his or her control to be transported to a site
or facility that does not have a valid permit or license to
accept waste tires.
(d) No person may engage in the open burning of waste tires.
§22-15A-10. New business investment tax credit.
(a) For tax years beginning on or after the first day of
January, two thousand, an investment tax credit is hereby created
to encourage recycling, reuse or remanufacturing of whole waste tires or beneficial use of processed tires. A total investment
tax credit may be applied for in an amount equal to ten percent
of the cost of the equipment acquired through either purchase,
lease purchase or capital purchase and used at a processing site
in the reuse, remanufacturing or recycling, but not recapping, of
whole waste tires or beneficial use of processed tires in this
state. The tax credit herein created is for ten percent of the
total purchase price of the equipment excluding financing and
setup costs. The tax credit allowed under this section may be
credited against the taxpayer's liability for business franchise
corporate net income tax or for personal income tax as
applicable. The tax credit may be credited against the
taxpayer's tax liability for the taxable year in which the
equipment is put in service. If the amount of the tax credit
exceeds the taxpayer's tax liability for the taxable year, the
amount of the credit which exceeds the taxpayer's tax liability
for the taxable year may be carried forward to the succeeding
taxable years until used in full, or until forfeited: Provided,
That tax credits may not be carried forward beyond four taxable
years and may not be carried back to prior taxable years. Any
tax credit remaining after the fifth taxable year is forfeited.
(b) In order to qualify for a tax credit under this section,
a taxpayer must:
(1) Be engaged in a business in West Virginia of recycling, reusing or remanufacturing waste tires or processing waste tires
for an end market;
(2) Purchase equipment and use it in this state for the
purpose of recycling, reusing or remanufacturing of waste tires,
or processing of waste tires for reuse; and
(3) Demonstrate that at least ten percent of the waste tires
reused, recycled, remanufactured or processed each year were
generated in West Virginia or show proof that a reasonable effort
was made to use waste tires from West Virginia but was not
possible because of cost or availability.
(c) The investment tax credit created herein shall be
available to qualified taxpayers until the tax year beginning on
the first day of January, two thousand six.
(d) The state tax commissioner shall propose rules for
legislative promulgation pursuant to chapter twenty-nine-a of
this code regarding the applicability, method of claiming the
credit, the documentation necessary to claim the credit, and any
other requirements necessary to effectuate the purposes and
intent of this section.
(e) The division may disclose information to the state tax
commissioner as needed to assist the commissioner with
collection, enforcement and audit duties required by this
article.
§22-15A-11. Penalties.
(a) Any person who disposes of ninety-nine or less tires at
any facility or location not approved for tire disposal in
accordance with the provisions of this article is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than one thousand dollars, or incarcerated at a county or
regional jail for not more than sixty days, or be both fined and
incarcerated. Any person who disposes of one hundred or more
tires at any facility or location not approved for tire disposal
in accordance with the provisions of this article is guilty of a
felony and, upon conviction thereof, shall be fined not more than
fifty thousand dollars, or imprisoned at a state correctional
facility for not less than one year nor more than five years, or
be both fined and imprisoned.
(b) Notwithstanding the provisions of subsection (a) of this
section, any person who acts as a tire retailer, hauler or
processor without a permit or license is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than five
thousand dollars, or incarcerated at a county or regional jail
not more than sixty days, or be both fined and incarcerated.
(c) Any licensee who violates any provision of this article
is subject to a civil administrative penalty, to be levied by the
division, not to exceed five thousand dollars for each violation.
Any funds collected as a civil administrative penalty shall be
deposited in the solid waste enforcement fund established pursuant to section eleven, article fifteen of this chapter. The
division may also revoke or suspend any license in accordance
with the administrative procedures contained in article five,
chapter twenty-nine-a of this code.
(d) The civil penalty and license suspension or revocation
authorized in subsection (c) of this section may be appealed in
the manner provided in article fifteen, chapter twenty-two of
this code.
(e) Nothing herein prohibits or limits the division from
enforcing any and all applicable solid waste statutes and rules
when violations of other statutes or rules are discovered during
the course of a remediation project.
§22-15A-12. Rule making.
(a) No later than the first day of August, two thousand, the
division shall promulgate emergency rules and propose rules for
promulgation by the Legislature, in accordance with article
three, chapter twenty-nine-a of this code, necessary to carry
out the provisions of this article. The rules shall:
(1) Set standards for waste tire processing facilities and
associated waste tire sites, waste tire collection centers, waste
tire collectors, and end users such as tire derived fuel
facilities.
(2) Establish limits, below which licenses are not required,
for storage of tires on the premises of tire retreading businesses, tire retailers serving as waste tire collection
centers, and businesses that, in the ordinary course of business,
remove tires from motor vehicles including, but not limited to,
salvage yards.
(3) Establish criteria to assure that tires are properly
collected, stored and used in a manner which protects public
health and safety at the following businesses and business
locations: (i) The premises of tire retailers in the area where
tires are sold and stored; (ii) the premises of a tire retreading
business; (iii) any site where waste tires are stored for use in
road surfacing and construction of embankments; (iv) business
premises where tires are removed from motor vehicles; and (v) any
other such business where waste tires are accumulated or used.
§22-15A-13. Authority of commissioner of bureau of public
health.
Although the division is primarily responsible for the
permitting and regulating of waste tires, the commissioner of the
bureau of public health may enforce the public health laws over
solid waste management laws when an imminent and substantial
endangerment to the public health is declared by the
commissioner.
CHAPTER 24A. MOTOR CARRIERS OF PASSENGERS
AND PROPERTY FOR HIRE.
ARTICLE 2A. TRANSPORTERS OF WASTE TIRES BY MOTOR VEHICLE.
§24A-2A-1. Certificate of authority to operate as a motor
carrier in the transportation of used tires;
requiring bond; rates and charges for motor
carriers, solid waste facilities and tire
collection centers.
(a) No person may engage in the transportation of waste
tires for compensation unless the person possesses a certificate
of convenience and necessity from the public service commission.
Such vehicles and their operators are subject to the requirements
of this article, article fifteen-a, chapter twenty-two of this
code, vehicle registration requirements and safety rules
promulgated by the public service commission. The requirement to
obtain a certificate of convenience and necessity to operate as
a motor carrier in the transportation of used tires does not
apply to persons who currently possess a certificate of
convenience and necessity pursuant to article two or three of
this chapter.
(b) The commission shall require each common carrier or
contract carrier by motor vehicle in the transportation of waste
tires to post a five thousand dollar bond as surety for
compliance with the provisions of this article and article
fifteen-a, chapter twenty-two of this code.
(c) The commission may not exercise rate jurisdiction over
carriers registered pursuant to this article.
(d) The commission may not establish exclusive territories
for motor carriers in the transportation of waste tires but such
carriers may operate in any or all parts of the state. Nothing
in this article limits the operating territory or rights of a
motor carrier possessing a certificate of convenience and
necessity or permit pursuant to article two or three of this
chapter.
(e) The commission shall issue or deny a certificate of
convenience and necessity under this article within ninety days
of receipt of a complete application. The commission is
specifically authorized to issue temporary authority to operate
pending final decision on the application contemplated in this
article.
§24A-2A-2. Reporting requirements.
Each common carrier or contract carrier by motor vehicle
authorized to haul tires pursuant to this article or article two
or three of this chapter shall submit an annual report to the
division of environmental protection including the name, address
and telephone number of the carrier, the quantity and location of
waste tires collected within this state and the quantity and
location where the tires were deposited.
§24A-2A-3. Rule making.
The commission shall promulgate rules as needed to
effectuate the purposes of this section.
NOTE: The purpose of this bill is to establish a program to
manage waste tires, which includes cleanup of illegal waste tire
piles, create a temporary tax to fund the cleanup, provide a tax
incentive for the purchase of equipment for reusing waste tires
and establish a regulatory program to track the flow of waste
tires in the state.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§§22-15A and 24A-2A are new; therefore, strike-throughs and
underscoring have been omitted.