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H0198aa............................................by ENVIRONMENTAL AFFAIRS
WASTE TIRE DISPOSAL - Amends and adds to existing law to govern the storage
and disposal of waste tires through issuance of permits by cities and
counties; to provide the requirements of financial responsibility; and to
revise penalties for violations.
02/07 House intro - 1st rdg - to printing
02/10 Rpt prt - to Env Aff
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/26 Ret'd to Env Aff
03/11 Rpt out - to Gen Ord
03/13 Rpt out amen - to engros
03/14 Rpt engros - 1st rdg - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
03/24 3rd rdg as amen- PASSED - 52-18-0
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter(Bieter),
Black, Block, Boe, Bradford, Campbell, Cannon, Cuddy, Denney,
Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,
Garrett, Harwood, Henbest(Bray), Jaquet, Jones, Langford, Langhorst,
Martinez, McGeachin, Meyer, Miller, Mitchell, Naccarato, Nielsen,
Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,
Shepherd, Shirley, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Trail, Wills
NAYS -- Barrett, Bolz, Clark, Collins, Crow, Deal, Eberle, Kellogg,
Kulczyk, Lake, McKague, Moyle, Sali, Schaefer, Skippen, Tilman, Wood,
Mr. Speaker
Absent and excused -- None
Floor Sponsor - Edmunson
Title apvd - to Senate
03/25 Senate intro - 1st rdg - to Health/Wel
03/28 Rpt out - rec d/p - to 2nd rdg
03/31 2nd rdg - to 3rd rdg
04/02 3rd rdg - PASSED - 27-5-3
AYES -- Andreason, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Gannon, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Richardson, Schroeder, Sorensen, Stennett, Werk, Williams
NAYS -- Bailey, Noble, Noh, Pearce, Sweet
Absent and excused -- Davis, Geddes, Stegner
Floor Sponsors - Stennett & Bunderson
Title apvd - to House
04/03 To enrol
04/04 Rpt enrol - Sp signed
04/07 Pres signed
04/08 To Governor
04/14 Governor signed
Session Law Chapter 281
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 198
BY ENVIRONMENTAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO WASTE TIRE DISPOSAL; AMENDING SECTION 39-6501, IDAHO CODE, TO FUR-
3 THER DEFINE TERMS AND DEFINE ADDITIONAL TERMS; REPEALING SECTIONS 39-6503,
4 39-6504 AND 39-6506, IDAHO CODE; AMENDING CHAPTER 65, TITLE 39, IDAHO
5 CODE, BY THE ADDITION OF A NEW SECTION 39-6502, IDAHO CODE, TO GOVERN
6 EXISTING AND NEW WASTE TIRE STORAGE SITES; AMENDING CHAPTER 65, TITLE 39,
7 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-6503, IDAHO CODE, TO GOV-
8 ERN DISPOSAL OF WASTE TIRES; AMENDING CHAPTER 65, TITLE 39, IDAHO CODE, BY
9 THE ADDITION OF A NEW SECTION 39-6504, IDAHO CODE, TO GOVERN THE TRANSPORT
10 OF WASTE TIRES; AMENDING CHAPTER 65, TITLE 39, IDAHO CODE, BY THE ADDITION
11 OF A NEW SECTION 39-6505, IDAHO CODE, TO PROHIBIT CERTAIN ACTS; AMENDING
12 CHAPTER 65, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
13 39-6506, IDAHO CODE, TO ENCOURAGE IDENTIFICATION OF METHODS FOR RECYCLING
14 AND REUSE OF WASTE TIRES; AMENDING SECTION 39-6507, IDAHO CODE, TO PROVIDE
15 PENALTIES; AND AMENDING CHAPTER 65, TITLE 39, IDAHO CODE, BY THE ADDITION
16 OF A NEW SECTION 39-6508, IDAHO CODE, TO PROVIDE A STATEMENT OF PURPOSE.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Section 39-6501, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 39-6501. DEFINITIONS. As used in this chapter:
21 (1) "City" means the city where the waste tire storage site is located.
22 (2) "County" means the county where the waste tire storage site is
23 located.
24 (3) "Department" means the department of environmental quality.
25 (4) "Dispose" means to drop, deposit, dump, spill or permanently place
26 any waste tire onto or under the ground or into the waters of this state, or
27 to own or control property where waste tires are dropped, deposited, dumped,
28 spilled or permanently placed onto or under the ground or into the waters of
29 this state.
30 (5) "Existing waste tire storage site" means any property storing waste
31 tires prior to recycle, reuse, or final disposal as of July 1, 2003, regard-
32 less of whether the owner or operator possesses a conditional use permit (CUP)
33 authorizing the storage of waste tires at the property.
34 (6) "Mining waste tire" means a waste tire which is greater than fifty-
35 four (54) inches in diameter which was used in mining operations. Mining waste
36 tires may be disposed of by burial. The department of lands shall prepare
37 guidelines to govern the burial of mining waste tires.
38 (27) "Motor vehicle" means any automobile, motorcycle, truck, trailer,
39 semitrailer, truck tractor and semitrailer combination or other vehicle oper-
40 ated on the roads of this state, used to transport persons or property and
41 propelled by power other than muscular power, but motor vehicle does not
42 include bicycles.
43 (3) "Retail seller of motor vehicle tires" and "wholesale seller of motor
2
1 vehicle tires" include those persons who sell or lease motor vehicles to
2 others in the ordinary course of business.
3 (8) "New waste tire storage site" means any property that is not storing
4 waste tires as of July 1, 2003, and applies for and receives a CUP to store
5 waste tires prior to recycle, reuse or final disposal on or after July 1,
6 2003.
7 (9) "Operator" means any person presently, or who was during any period
8 of waste tire storage or disposal, in control of, or having responsibility for
9 a waste tire storage site or a waste tire disposal site.
10 (10) "Owner" means a person who owned a waste tire storage site or dis-
11 posal site at any time waste tires are stored or disposed at the property, and
12 the current owner of the waste tire storage site or waste tire disposal site.
13 (11) "Person" means an individual, public or private corporation, partner-
14 ship, association, firm, joint stock company, joint venture, trust, estate,
15 municipality, commission, political subdivision of the state, state or federal
16 agency, department or instrumentality, special district, interstate body or
17 any legal entity, which is recognized by law as the subject of rights and
18 duties.
19 (12) "Retail tire dealer" means any person actively engaged in the busi-
20 ness of selling new, used, or retread replacement tires at the retail level.
21 (13) "Store" or "storage" means to accumulate more than two hundred (200)
22 waste tires at any time, in a manner that does not constitute final disposal
23 at a waste tire disposal site, or to own or control property on which more
24 than two hundred (200) waste tires accumulate at any given time, in a manner
25 that does not constitute final disposal at a waste tire disposal site. The
26 following activities shall not constitute "storing" or "storage" of waste
27 tires:
28 (a) A retail tire dealer collecting less than one thousand five hundred
29 (1,500) waste tires at any point in time for each retail business loca-
30 tion.
31 (b) A tire retreader collecting less than three thousand (3,000) waste
32 tires at any point in time for each individual retread operation so long
33 as the waste tires are of the type the retreader is actively retreading.
34 (c) A wrecking salvage business collecting less than one thousand five
35 hundred (1,500) waste tires for each retail business location.
36 (d) A waste tire disposal site collecting waste tires for disposal at the
37 site in accordance with the site's approved operating plan.
38 (e) A wholesale tire dealer collecting less than one thousand five hun-
39 dred (1,500) waste tires at any point in time for each wholesale business
40 location.
41 (f) An approved solid waste transfer station or solid waste landfill col-
42 lecting less than one thousand five hundred (1,500) waste tires prior to
43 transfer to an approved waste tire storage or disposal site.
44 (g) A farm or livestock operation which utilizes waste tires to secure
45 farm or livestock silage or wastes provided the total number of waste
46 tires shall not exceed one thousand five hundred (1,500).
47 (h) A permitted facility storing tires for an approved beneficial use.
48 (14) "Tire" shall have has the meaning contained provided in section
49 49-121, Idaho Code.
50 (5) "New tire" means a tire which is not used or retreaded, and is being
51 sold on the market for the first time.
52 (15) "Tire retreader" means any person actively engaged in the business of
53 retreading tires by scarifying the surface to remove the old surface tread and
54 attaching a new tread to make a usable tire.
55 (16) "Transport" or "transporting" means picking up or hauling waste
3
1 tires.
2 (617) "Waste tire" means a motor vehicle tire that originally used for
3 operation of a vehicle on a public roadway which is no longer suitable for its
4 original intended purpose because of wear, damage or defect.
5 (718) "Waste tire collection storage site" means a new or existing waste
6 tire storage site. where waste tires are collected before being offered for
7 recycling or reuse and where more than fifty (50) tons of used tires are kept
8 on site on any day.
9 (8) "Idaho retreader" is a person who accepts passenger and light truck
10 tires generated in Idaho and retreads such tires in Idaho and is registered
11 with the division.
12 (9) "Passenger and light truck tire" means any motor vehicle tire with a
13 rim diameter of twelve (12) inches through sixteen (16) inches.
14 (10) "Review committee" is an advisory committee appointed by the director
15 of the department to establish and/or review percentages for reimbursing
16 retreaders and other users of waste tires, and to review proposals for other
17 uses, grants to counties and contracts with private entities.
18 (11) "Waste tires generated in Idaho" are tires which first become waste
19 tires in Idaho.
20 (12) "Mining waste tire" means a waste tire which is greater than fifty-
21 four (54) inches in diameter which was used in mining operations. Mining waste
22 tires may be disposed of by burial. The department of lands shall prepare
23 guidelines to govern the burial of mining waste tires.
24 (13) "End user" means the first person or company that purchases and uses
25 waste tires, chips or other materials made from waste tires.
26 (19) "Waste tire disposal site" means a public or private municipal solid
27 waste landfill operating in compliance with section 39-6503, Idaho Code.
28 (20) "Wholesale tire dealer" means any person engaged in the business of
29 selling new replacement tires to tire retailers.
30 (21) "Wrecking salvage business" means any establishment or place of busi-
31 ness which is maintained, used, or operated, for storing, keeping, buying, or
32 selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehi-
33 cle parts.
34 SECTION 2. That Sections 39-6503, 39-6504 and 39-6506 Idaho Code, be, and
35 the same are hereby repealed.
36 SECTION 3. That Chapter 65, Title 39, Idaho Code, be, and the same is
37 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
38 ignated as Section 39-6502, Idaho Code, and to read as follows:
39 39-6502. WASTE TIRE STORAGE SITES. (1) No person shall store waste tires
40 on any public or private property in this state or in the waters of this state
41 unless the property is a waste tire storage site.
42 (2) Conditional use permit (CUP) required. No person shall own or operate
43 a waste tire storage site without a conditional use permit issued by the city
44 or county as follows:
45 (a) Counties and cities shall only issue CUPs that contain terms and con-
46 ditions that assure waste tire storage sites are operated in compliance
47 with this chapter and any additional requirements the city or county deems
48 appropriate to assure adequate protection of human health and the environ-
49 ment. Counties and cities shall review CUP applications pursuant to the
50 procedures contained in section 67-6512, Idaho Code.
51 (b) Existing waste tire storage sites.
52 (i) The current owner or operator of an existing waste tire storage
4
1 site shall, within three (3) months of the effective date of this
2 chapter, apply to the city or county:
3 1. for sites operating without a CUP on the effective date of
4 this chapter, a CUP; or
5 2. for sites operating pursuant to a CUP on the effective date
6 of this chapter, a CUP modification.
7 (ii) If an existing waste tire storage facility fails to submit to
8 the city or county a CUP application within three (3) months of the
9 effective date of this chapter, the existing waste tire storage site
10 shall cease storing waste tires no later than six (6) months after
11 the effective date of this chapter.
12 (iii) If the city or county determines not to issue a CUP, or CUP
13 modification, for the existing waste tire storage site, the existing
14 waste tire storage site shall cease storing waste tires no later than
15 three (3) months after receiving notice of the city or county's
16 determination not to issue a CUP for the site.
17 (c) New waste tire storage sites. The current owner or operator of a new
18 waste tire storage site shall not commence waste tire storage at the site
19 until the city or county issues a CUP authorizing waste tire storage.
20 (d) Counties and cities shall issue CUPs for waste tire storage sites of
21 a duration not to exceed a period of three (3) years.
22 (e) Financial assurance. The financial assurance requirement contained
23 herein shall not apply to publicly owned or operated waste tire storage
24 sites. The owner or operator of a waste tire storage site shall maintain
25 financial assurance in the form of a cash bond payable to the city or
26 county, in an amount acceptable to the city or county where the waste tire
27 storage site is located; provided however, counties and cities shall
28 require a minimum initial financial assurance of two dollars and fifty
29 cents ($2.50) per tire authorized to be stored at the site. The amount of
30 financial assurance shall be adjusted each year in accordance with the
31 consumer price index on the anniversary date of the issuance of the CUP.
32 Failure to adjust the amount of financial assurance on the anniversary
33 date each year shall constitute failure to comply with the provisions of
34 this chapter and shall result in automatic revocation of the CUP and for-
35 feiture of the bond. Counties and cities shall only process an application
36 submitted under this section when documentation submitted with the appli-
37 cation establishes compliance with the financial assurance requirement of
38 this paragraph.
39 (i) The current owner or operator of an existing waste tire storage
40 site shall comply with the financial assurance requirement of this
41 paragraph within three (3) months of the effective date of this chap-
42 ter, except that the owner or operator of the existing waste tire
43 storage site located in the magic valley as provided by rule of the
44 department shall comply with the financial assurance requirement of
45 this paragraph within two (2) years of the effective date of this
46 chapter.
47 (ii) The current owner or operator of a new waste tire storage site
48 shall comply with the financial assurance requirement of this para-
49 graph prior to commencing waste tire storage at the site.
50 Upon written request from the city council or board of county commission-
51 ers to the department, the cash bond will be written in favor of the
52 department, in lieu of the city or county. In such cases, the department
53 will oversee use of the bond should the owner or operator become liable on
54 the bond obligation.
55 (f) Siting. Counties and cities shall only issue a CUP to a waste tire
5
1 storage site when the application establishes that the proposed or exist-
2 ing site is located on property zoned as exclusively for industrial use.
3 (g) CUP application processing fee. Counties and cities may charge a fee
4 for processing a waste tire storage site CUP application or renewal.
5 (h) Records. Owners and operators of a waste tire storage site shall
6 record and maintain on-site for a period of three (3) years, operational
7 records including, but not limited to, the daily quantity of tires trans-
8 ported to and from the site, and the estimated quantity of tires located
9 at the site.
10 (i) Suspension, revocation, renewal of city or county permit. The city or
11 county may suspend, revoke or refuse to renew a waste tire storage site's
12 CUP if the city or county determines that the site is operating in viola-
13 tion of any requirement of this section or any term or condition of the
14 site's CUP.
15 (3) In the event the current owner or operator of an existing or new
16 waste tire storage site fails to comply with the requirements of this section,
17 the board of county commissioners or city council may declare the site a pub-
18 lic nuisance; and may declare a public health or safety emergency based on
19 potential fire hazard, threat of insect borne disease, or potential contamina-
20 tion of the state's ground or surface waters. If the respective governing
21 authority has declared a public health or safety emergency, they may petition
22 the board of examiners for, and the board of examiners may authorize, the
23 issuance of deficiency warrants for the purpose of removing and properly dis-
24 posing of the tires upon the recommendation of the state fire marshal in the
25 event of fire hazard, or the district health department in the event of insect
26 borne disease hazard, or the department in the event of ground or surface
27 water contamination hazard.
28 (a) Upon authorization of deficiency warrants by the board of examiners
29 in accordance with provisions of this section, the state controller shall,
30 after notice to the state treasurer, draw deficiency warrants in the
31 authorized amounts against the general fund.
32 (b) Nothing contained in this section shall be construed to change or
33 impair any right of recovery or subrogation arising under any other provi-
34 sion of law.
35 (c) The attorney general shall act to fully recover all costs incurred by
36 the state of Idaho and its political subdivisions pursuant to this sec-
37 tion.
38 SECTION 4. That Chapter 65, Title 39, Idaho Code, be, and the same is
39 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
40 ignated as Section 39-6503, Idaho Code, and to read as follows:
41 39-6503. WASTE TIRE DISPOSAL. (1) No person shall dispose of waste tires
42 on any public or private property in this state or in the waters of this state
43 except at permitted public or private municipal solid waste landfills which
44 have been approved to accept waste tires in their operating plans as specified
45 in the following subsection.
46 (2) Waste tires may be disposed at a permitted public or private munici-
47 pal solid waste landfill with an approved operating plan only if the waste
48 tires have been processed to meet the following criteria:
49 (a) The volume of one hundred (100) unprepared randomly selected whole
50 tires in one (1) continuous test period must be reduced by at least sixty-
51 five percent (65%) of the original volume as specified in subsection (3)
52 of this section. No single void space greater than one hundred twenty-five
53 (125) cubic inches may remain in the randomly placed processed tires; or
6
1 (b) The tires shall be reduced to an average chip size no greater than
2 sixty-four (64) square inches in any randomly selected sample of ten (10)
3 tires or more. No more than forty percent (40%) of the chips may exceed
4 sixty-four (64) square inches.
5 (3) Tire volumes shall be calculated as follows:
6 (a) Unprocessed whole tire volume shall be calculated by randomly placing
7 one hundred (100) unprepared randomly selected whole tires in a rectangu-
8 lar container and multiplying the depth of unprocessed tires by the bottom
9 area of the container.
10 (b) Processed tire volume shall be determined by randomly placing the
11 processed tire test quantity in a rectangular container and leveling the
12 surface. It shall be calculated by multiplying the depth of processed
13 tires by the bottom area of the container.
14 SECTION 5. That Chapter 65, Title 39, Idaho Code, be, and the same is
15 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
16 ignated as Section 39-6504, Idaho Code, and to read as follows:
17 39-6504. TRANSPORT OF WASTE TIRES. (1) No person shall transport waste
18 tires for storage to any location in this state other than to a waste tire
19 storage site for which a city or county has issued a CUP in active status.
20 (2) No person shall transport waste tires for disposal to any location in
21 this state other than to a municipal solid waste landfill which is operating
22 in compliance with the requirements of section 39-6503, Idaho Code.
23 (3) Nothing in this section shall prohibit any person from transporting
24 waste tires to facilities in the state which possess a valid air quality per-
25 mit, provided the permit allows for an approved beneficial use of the waste
26 tires.
27 SECTION 6. That Chapter 65, Title 39, Idaho Code, be, and the same is
28 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
29 ignated as Section 39-6505, Idaho Code, and to read as follows:
30 39-6505. PROHIBITED ACTS. No person shall advertise or represent
31 himself/herself as being in the business of accepting waste tires for trans-
32 port, storage, or disposal without being in full compliance with all the pro-
33 visions of this chapter.
34 SECTION 7. That Chapter 65, Title 39, Idaho Code, be, and the same is
35 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
36 ignated as Section 39-6506, Idaho Code, and to read as follows:
37 39-6506. RECYCLING AND REUSE OF WASTE TIRES. The state of Idaho seeks to
38 protect human health and the environment by encouraging the recycling and
39 reuse of waste tires. Accordingly, the legislature directs the department to
40 identify approved methods of recycling and reuse of waste tires.
41 SECTION 8. That Section 39-6507, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 39-6507. PENALTIES. (1) Any person who improperly stores, transports or
44 disposes of a tire in violation of the provisions of this chapter is subject
45 to a civil penalty of not more than five hundred dollars ($500) per violation
46 and is subject to the provisions of the environmental protection and health
47 act contained in section 39-108, Idaho Code. Each tire so disposed of improp-
7
1 erly constitutes a separate violation.
2 (2) A person who knowingly violates any provision of this chapter other
3 than as described in subsection (1) of this section, is subject to a civil
4 penalty of not more than one hundred dollars ($100) per violation and is sub-
5 ject to the provisions of the environmental protection and health act con-
6 tained in section 39-108, Idaho Code.
7 SECTION 9. That Chapter 65, Title 39, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 39-6508, Idaho Code, and to read as follows:
10 39-6508. PURPOSE. The state of Idaho supports and encourages the reuse
11 and recycling of waste tires. The legislature finds the paramount public
12 interest in regulating waste tires is to protect public health and safety. In
13 particular, the legislature is concerned with eliminating potential fire haz-
14 ards; minimizing or eliminating potential breeding grounds for disease-bearing
15 insects; and eliminating potential sources of surface and ground water contam-
16 ination.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Ellsworth
Seconded by Smith (30)
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 198
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, delete line 32, and insert: "less of
3 whether the owner or operator possesses a permit or other written city or
4 county authorization".
5 On page 2, in line 4, delete "CUP" and insert: "permit or other written
6 city or county authorization".
7 AMENDMENT TO SECTION 3
8 On page 3, delete lines 39 through 52; on page 4, delete lines 1 through
9 55, and on page 5, delete lines 1 through 14 and insert:
10 "39-6502. WASTE TIRE STORAGE SITES. (1) No person shall store waste tires
11 on any public or private property in this state or in the waters of this state
12 unless the property is a waste tire storage site as defined or otherwise
13 exempted in this chapter.
14 (2) Permit or local authorization required. No person shall own or oper-
15 ate a waste tire storage site without a permit or other written county or city
16 authorization, as follows:
17 (a) Counties and cities shall only issue permits or other written autho-
18 rizations that contain terms and conditions that assure waste tire storage
19 sites are operated in compliance with this chapter and any additional
20 requirements the county or city deems appropriate. Counties and cities
21 shall review waste tire storage site applications pursuant to the proce-
22 dures contained in section 67-6512, Idaho Code.
23 (b) Existing waste tire storage sites.
24 (i) Within three (3) months of the effective date of this chapter,
25 the owner or operator of an existing site that is:
26 1. Operating without a permit or other written local authoriza-
27 tion on the effective date of this chapter, shall apply to the
28 respective county or city jurisdiction for approval to operate
29 the existing site via an approved permit or other written city
30 or county authorization; or
31 2. Operating with a previously issued permit or other written
32 city or county authorization on the effective date of this chap-
33 ter, shall notify the respective county or city jurisdiction.
34 (ii) If an existing waste tire storage facility fails to submit to
35 the county or city an application by October 1, 2003, the existing
36 waste tire storage site shall cease storing waste tires by January 1,
37 2004.
38 (iii) If the county or city determines not to issue a permit, other
39 written authorization, or a modification to an existing permit or
40 approval, for the existing waste tire storage site, the existing
41 waste tire storage site shall cease storing waste tires no later than
42 three (3) months after receiving notice of the determination not to
43 issue a permit, other written authorization, or modification for the
2
1 site.
2 (c) New waste tire storage sites. The current owner or operator of a new
3 waste tire storage site shall not commence waste tire storage at the site
4 until the county or city issues a permit or other written authorization
5 permitting waste tire storage.
6 (d) Counties and cities shall issue permits and other written local
7 authorizations for waste tire storage sites.
8 Upon written request from the city council or board of county commission-
9 ers to the department, the department shall be responsible for the permit-
10 ting and authorization requirements of this section with respect to any
11 application submitted to the county or city, in lieu of the county or
12 city.
13 (e) Financial assurance. The owner or operator of a waste tire storage
14 site shall maintain financial assurance in the form of a cash bond payable
15 to the county or city, in an amount acceptable to the county or city where
16 the waste tire storage site is located; provided however, counties and
17 cities shall require a minimum initial financial assurance of two dollars
18 and fifty cents ($2.50) per tire authorized to be stored at the site. The
19 amount of financial assurance shall be adjusted each year in accordance
20 with the consumer price index on the anniversary date of the issuance of
21 the permit or other city or county written authorization. Failure to
22 adjust the amount of financial assurance on the anniversary date each year
23 shall constitute failure to comply with the provisions of this chapter and
24 shall result in automatic revocation of the permit or other written city
25 or county authorization and forfeiture of the bond. Cities and counties
26 shall only process an application submitted under this section when docu-
27 mentation submitted with the application establishes compliance with the
28 financial assurance requirement of this paragraph.
29 (i) The current owner or operator of an existing waste tire storage
30 site shall comply with the financial assurance requirement of this
31 paragraph by October 1, 2003. Except that the owner or operator of
32 the existing waste tire storage site located in the magic valley as
33 provided by rule of the department shall comply with the financial
34 assurance requirement of this paragraph by July 1, 2005.
35 (ii) The current owner or operator of a new waste tire storage site
36 shall comply with the financial assurance requirement of this section
37 prior to commencing waste tire storage at the site.
38 Upon written request from the city council or board of county commission-
39 ers to the department, the cash bond will be written in favor of the
40 department, in lieu of the city or county. In such cases, the department
41 will oversee use of the bond should two (2) owners or operators become
42 liable on the bond obligation.
43 (f) Siting. Counties and cities shall only issue a permit or written
44 authorization to a waste tire storage site when the application estab-
45 lishes that the proposed or existing site is located on property owned as
46 exclusively for industrial use.
47 (g) Application processing fee. Counties and cities may charge a fee for
48 processing a waste tire storage site permit or authorization application
49 or renewal.
50 (h) Records. Owners and operators of a waste tire storage site shall
51 record and maintain on-site for a period of three (3) years, operational
52 records including, but not limited to, the daily quantity of tires trans-
53 ported to and from the site, and the estimated quantity of tires located
54 at the site.
55 (i) Suspension, revocation, renewal of permit or written authorization.
3
1 The county or city may suspend, revoke, or refuse to renew a waste tire
2 storage site's permit or written authorization if the county or city
3 determines that the site is operating in violation of any requirement of
4 this section or any term or condition of the site's permit or written
5 authorization.".
6 AMENDMENT TO SECTION 5
7 On page 6, in line 19, delete "CUP" and insert: "permit or other written
8 county or city authorization".
9 AMENDMENT TO SECTION 8
10 On page 6, in line 43, following "improperly" insert: "knowingly".
11 CORRECTION TO TITLE
12 On page 1, in line 14, delete "PROVIDE" and insert: "REVISE".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 198, As Amended
BY ENVIRONMENTAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO WASTE TIRE DISPOSAL; AMENDING SECTION 39-6501, IDAHO CODE, TO FUR-
3 THER DEFINE TERMS AND DEFINE ADDITIONAL TERMS; REPEALING SECTIONS 39-6503,
4 39-6504 AND 39-6506, IDAHO CODE; AMENDING CHAPTER 65, TITLE 39, IDAHO
5 CODE, BY THE ADDITION OF A NEW SECTION 39-6502, IDAHO CODE, TO GOVERN
6 EXISTING AND NEW WASTE TIRE STORAGE SITES; AMENDING CHAPTER 65, TITLE 39,
7 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-6503, IDAHO CODE, TO GOV-
8 ERN DISPOSAL OF WASTE TIRES; AMENDING CHAPTER 65, TITLE 39, IDAHO CODE, BY
9 THE ADDITION OF A NEW SECTION 39-6504, IDAHO CODE, TO GOVERN THE TRANSPORT
10 OF WASTE TIRES; AMENDING CHAPTER 65, TITLE 39, IDAHO CODE, BY THE ADDITION
11 OF A NEW SECTION 39-6505, IDAHO CODE, TO PROHIBIT CERTAIN ACTS; AMENDING
12 CHAPTER 65, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
13 39-6506, IDAHO CODE, TO ENCOURAGE IDENTIFICATION OF METHODS FOR RECYCLING
14 AND REUSE OF WASTE TIRES; AMENDING SECTION 39-6507, IDAHO CODE, TO REVISE
15 PENALTIES; AND AMENDING CHAPTER 65, TITLE 39, IDAHO CODE, BY THE ADDITION
16 OF A NEW SECTION 39-6508, IDAHO CODE, TO PROVIDE A STATEMENT OF PURPOSE.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Section 39-6501, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 39-6501. DEFINITIONS. As used in this chapter:
21 (1) "City" means the city where the waste tire storage site is located.
22 (2) "County" means the county where the waste tire storage site is
23 located.
24 (3) "Department" means the department of environmental quality.
25 (4) "Dispose" means to drop, deposit, dump, spill or permanently place
26 any waste tire onto or under the ground or into the waters of this state, or
27 to own or control property where waste tires are dropped, deposited, dumped,
28 spilled or permanently placed onto or under the ground or into the waters of
29 this state.
30 (5) "Existing waste tire storage site" means any property storing waste
31 tires prior to recycle, reuse, or final disposal as of July 1, 2003, regard-
32 less of whether the owner or operator possesses a permit or other written city
33 or county authorization authorizing the storage of waste tires at the prop-
34 erty.
35 (6) "Mining waste tire" means a waste tire which is greater than fifty-
36 four (54) inches in diameter which was used in mining operations. Mining waste
37 tires may be disposed of by burial. The department of lands shall prepare
38 guidelines to govern the burial of mining waste tires.
39 (27) "Motor vehicle" means any automobile, motorcycle, truck, trailer,
40 semitrailer, truck tractor and semitrailer combination or other vehicle oper-
41 ated on the roads of this state, used to transport persons or property and
42 propelled by power other than muscular power, but motor vehicle does not
43 include bicycles.
2
1 (3) "Retail seller of motor vehicle tires" and "wholesale seller of motor
2 vehicle tires" include those persons who sell or lease motor vehicles to
3 others in the ordinary course of business.
4 (8) "New waste tire storage site" means any property that is not storing
5 waste tires as of July 1, 2003, and applies for and receives a permit or other
6 written city or county authorization to store waste tires prior to recycle,
7 reuse or final disposal on or after July 1, 2003.
8 (9) "Operator" means any person presently, or who was during any period
9 of waste tire storage or disposal, in control of, or having responsibility for
10 a waste tire storage site or a waste tire disposal site.
11 (10) "Owner" means a person who owned a waste tire storage site or dis-
12 posal site at any time waste tires are stored or disposed at the property, and
13 the current owner of the waste tire storage site or waste tire disposal site.
14 (11) "Person" means an individual, public or private corporation, partner-
15 ship, association, firm, joint stock company, joint venture, trust, estate,
16 municipality, commission, political subdivision of the state, state or federal
17 agency, department or instrumentality, special district, interstate body or
18 any legal entity, which is recognized by law as the subject of rights and
19 duties.
20 (12) "Retail tire dealer" means any person actively engaged in the busi-
21 ness of selling new, used, or retread replacement tires at the retail level.
22 (13) "Store" or "storage" means to accumulate more than two hundred (200)
23 waste tires at any time, in a manner that does not constitute final disposal
24 at a waste tire disposal site, or to own or control property on which more
25 than two hundred (200) waste tires accumulate at any given time, in a manner
26 that does not constitute final disposal at a waste tire disposal site. The
27 following activities shall not constitute "storing" or "storage" of waste
28 tires:
29 (a) A retail tire dealer collecting less than one thousand five hundred
30 (1,500) waste tires at any point in time for each retail business loca-
31 tion.
32 (b) A tire retreader collecting less than three thousand (3,000) waste
33 tires at any point in time for each individual retread operation so long
34 as the waste tires are of the type the retreader is actively retreading.
35 (c) A wrecking salvage business collecting less than one thousand five
36 hundred (1,500) waste tires for each retail business location.
37 (d) A waste tire disposal site collecting waste tires for disposal at the
38 site in accordance with the site's approved operating plan.
39 (e) A wholesale tire dealer collecting less than one thousand five hun-
40 dred (1,500) waste tires at any point in time for each wholesale business
41 location.
42 (f) An approved solid waste transfer station or solid waste landfill col-
43 lecting less than one thousand five hundred (1,500) waste tires prior to
44 transfer to an approved waste tire storage or disposal site.
45 (g) A farm or livestock operation which utilizes waste tires to secure
46 farm or livestock silage or wastes provided the total number of waste
47 tires shall not exceed one thousand five hundred (1,500).
48 (h) A permitted facility storing tires for an approved beneficial use.
49 (14) "Tire" shall have has the meaning contained provided in section
50 49-121, Idaho Code.
51 (5) "New tire" means a tire which is not used or retreaded, and is being
52 sold on the market for the first time.
53 (15) "Tire retreader" means any person actively engaged in the business of
54 retreading tires by scarifying the surface to remove the old surface tread and
55 attaching a new tread to make a usable tire.
3
1 (16) "Transport" or "transporting" means picking up or hauling waste
2 tires.
3 (617) "Waste tire" means a motor vehicle tire that originally used for
4 operation of a vehicle on a public roadway which is no longer suitable for its
5 original intended purpose because of wear, damage or defect.
6 (718) "Waste tire collection storage site" means a new or existing waste
7 tire storage site. where waste tires are collected before being offered for
8 recycling or reuse and where more than fifty (50) tons of used tires are kept
9 on site on any day.
10 (8) "Idaho retreader" is a person who accepts passenger and light truck
11 tires generated in Idaho and retreads such tires in Idaho and is registered
12 with the division.
13 (9) "Passenger and light truck tire" means any motor vehicle tire with a
14 rim diameter of twelve (12) inches through sixteen (16) inches.
15 (10) "Review committee" is an advisory committee appointed by the director
16 of the department to establish and/or review percentages for reimbursing
17 retreaders and other users of waste tires, and to review proposals for other
18 uses, grants to counties and contracts with private entities.
19 (11) "Waste tires generated in Idaho" are tires which first become waste
20 tires in Idaho.
21 (12) "Mining waste tire" means a waste tire which is greater than fifty-
22 four (54) inches in diameter which was used in mining operations. Mining waste
23 tires may be disposed of by burial. The department of lands shall prepare
24 guidelines to govern the burial of mining waste tires.
25 (13) "End user" means the first person or company that purchases and uses
26 waste tires, chips or other materials made from waste tires.
27 (19) "Waste tire disposal site" means a public or private municipal solid
28 waste landfill operating in compliance with section 39-6503, Idaho Code.
29 (20) "Wholesale tire dealer" means any person engaged in the business of
30 selling new replacement tires to tire retailers.
31 (21) "Wrecking salvage business" means any establishment or place of busi-
32 ness which is maintained, used, or operated, for storing, keeping, buying, or
33 selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehi-
34 cle parts.
35 SECTION 2. That Sections 39-6503, 39-6504 and 39-6506 Idaho Code, be, and
36 the same are hereby repealed.
37 SECTION 3. That Chapter 65, Title 39, Idaho Code, be, and the same is
38 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
39 ignated as Section 39-6502, Idaho Code, and to read as follows:
40 39-6502. WASTE TIRE STORAGE SITES. (1) No person shall store waste tires
41 on any public or private property in this state or in the waters of this state
42 unless the property is a waste tire storage site as defined or otherwise
43 exempted in this chapter.
44 (2) Permit or local authorization required. No person shall own or oper-
45 ate a waste tire storage site without a permit or other written county or city
46 authorization, as follows:
47 (a) Counties and cities shall only issue permits or other written autho-
48 rizations that contain terms and conditions that assure waste tire storage
49 sites are operated in compliance with this chapter and any additional
50 requirements the county or city deems appropriate. Counties and cities
51 shall review waste tire storage site applications pursuant to the proce-
52 dures contained in section 67-6512, Idaho Code.
4
1 (b) Existing waste tire storage sites.
2 (i) Within three (3) months of the effective date of this chapter,
3 the owner or operator of an existing site that is:
4 1. Operating without a permit or other written local authoriza-
5 tion on the effective date of this chapter, shall apply to the
6 respective county or city jurisdiction for approval to operate
7 the existing site via an approved permit or other written city
8 or county authorization; or
9 2. Operating with a previously issued permit or other written
10 city or county authorization on the effective date of this chap-
11 ter, shall notify the respective county or city jurisdiction.
12 (ii) If an existing waste tire storage facility fails to submit to
13 the county or city an application by October 1, 2003, the existing
14 waste tire storage site shall cease storing waste tires by January 1,
15 2004.
16 (iii) If the county or city determines not to issue a permit, other
17 written authorization, or a modification to an existing permit or
18 approval, for the existing waste tire storage site, the existing
19 waste tire storage site shall cease storing waste tires no later than
20 three (3) months after receiving notice of the determination not to
21 issue a permit, other written authorization, or modification for the
22 site.
23 (c) New waste tire storage sites. The current owner or operator of a new
24 waste tire storage site shall not commence waste tire storage at the site
25 until the county or city issues a permit or other written authorization
26 permitting waste tire storage.
27 (d) Counties and cities shall issue permits and other written local
28 authorizations for waste tire storage sites.
29 Upon written request from the city council or board of county commission-
30 ers to the department, the department shall be responsible for the permit-
31 ting and authorization requirements of this section with respect to any
32 application submitted to the county or city, in lieu of the county or
33 city.
34 (e) Financial assurance. The owner or operator of a waste tire storage
35 site shall maintain financial assurance in the form of a cash bond payable
36 to the county or city, in an amount acceptable to the county or city where
37 the waste tire storage site is located; provided however, counties and
38 cities shall require a minimum initial financial assurance of two dollars
39 and fifty cents ($2.50) per tire authorized to be stored at the site. The
40 amount of financial assurance shall be adjusted each year in accordance
41 with the consumer price index on the anniversary date of the issuance of
42 the permit or other city or county written authorization. Failure to
43 adjust the amount of financial assurance on the anniversary date each year
44 shall constitute failure to comply with the provisions of this chapter and
45 shall result in automatic revocation of the permit or other written city
46 or county authorization and forfeiture of the bond. Cities and counties
47 shall only process an application submitted under this section when docu-
48 mentation submitted with the application establishes compliance with the
49 financial assurance requirement of this paragraph.
50 (i) The current owner or operator of an existing waste tire storage
51 site shall comply with the financial assurance requirement of this
52 paragraph by October 1, 2003. Except that the owner or operator of
53 the existing waste tire storage site located in the magic valley as
54 provided by rule of the department shall comply with the financial
55 assurance requirement of this paragraph by July 1, 2005.
5
1 (ii) The current owner or operator of a new waste tire storage site
2 shall comply with the financial assurance requirement of this section
3 prior to commencing waste tire storage at the site.
4 Upon written request from the city council or board of county commission-
5 ers to the department, the cash bond will be written in favor of the
6 department, in lieu of the city or county. In such cases, the department
7 will oversee use of the bond should two (2) owners or operators become
8 liable on the bond obligation.
9 (f) Siting. Counties and cities shall only issue a permit or written
10 authorization to a waste tire storage site when the application estab-
11 lishes that the proposed or existing site is located on property owned as
12 exclusively for industrial use.
13 (g) Application processing fee. Counties and cities may charge a fee for
14 processing a waste tire storage site permit or authorization application
15 or renewal.
16 (h) Records. Owners and operators of a waste tire storage site shall
17 record and maintain on-site for a period of three (3) years, operational
18 records including, but not limited to, the daily quantity of tires trans-
19 ported to and from the site, and the estimated quantity of tires located
20 at the site.
21 (i) Suspension, revocation, renewal of permit or written authorization.
22 The county or city may suspend, revoke, or refuse to renew a waste tire
23 storage site's permit or written authorization if the county or city
24 determines that the site is operating in violation of any requirement of
25 this section or any term or condition of the site's permit or written
26 authorization.
27 (3) In the event the current owner or operator of an existing or new
28 waste tire storage site fails to comply with the requirements of this section,
29 the board of county commissioners or city council may declare the site a pub-
30 lic nuisance; and may declare a public health or safety emergency based on
31 potential fire hazard, threat of insect borne disease, or potential contamina-
32 tion of the state's ground or surface waters. If the respective governing
33 authority has declared a public health or safety emergency, they may petition
34 the board of examiners for, and the board of examiners may authorize, the
35 issuance of deficiency warrants for the purpose of removing and properly dis-
36 posing of the tires upon the recommendation of the state fire marshal in the
37 event of fire hazard, or the district health department in the event of insect
38 borne disease hazard, or the department in the event of ground or surface
39 water contamination hazard.
40 (a) Upon authorization of deficiency warrants by the board of examiners
41 in accordance with provisions of this section, the state controller shall,
42 after notice to the state treasurer, draw deficiency warrants in the
43 authorized amounts against the general fund.
44 (b) Nothing contained in this section shall be construed to change or
45 impair any right of recovery or subrogation arising under any other provi-
46 sion of law.
47 (c) The attorney general shall act to fully recover all costs incurred by
48 the state of Idaho and its political subdivisions pursuant to this sec-
49 tion.
50 SECTION 4. That Chapter 65, Title 39, Idaho Code, be, and the same is
51 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
52 ignated as Section 39-6503, Idaho Code, and to read as follows:
53 39-6503. WASTE TIRE DISPOSAL. (1) No person shall dispose of waste tires
6
1 on any public or private property in this state or in the waters of this state
2 except at permitted public or private municipal solid waste landfills which
3 have been approved to accept waste tires in their operating plans as specified
4 in the following subsection.
5 (2) Waste tires may be disposed at a permitted public or private munici-
6 pal solid waste landfill with an approved operating plan only if the waste
7 tires have been processed to meet the following criteria:
8 (a) The volume of one hundred (100) unprepared randomly selected whole
9 tires in one (1) continuous test period must be reduced by at least sixty-
10 five percent (65%) of the original volume as specified in subsection (3)
11 of this section. No single void space greater than one hundred twenty-five
12 (125) cubic inches may remain in the randomly placed processed tires; or
13 (b) The tires shall be reduced to an average chip size no greater than
14 sixty-four (64) square inches in any randomly selected sample of ten (10)
15 tires or more. No more than forty percent (40%) of the chips may exceed
16 sixty-four (64) square inches.
17 (3) Tire volumes shall be calculated as follows:
18 (a) Unprocessed whole tire volume shall be calculated by randomly placing
19 one hundred (100) unprepared randomly selected whole tires in a rectangu-
20 lar container and multiplying the depth of unprocessed tires by the bottom
21 area of the container.
22 (b) Processed tire volume shall be determined by randomly placing the
23 processed tire test quantity in a rectangular container and leveling the
24 surface. It shall be calculated by multiplying the depth of processed
25 tires by the bottom area of the container.
26 SECTION 5. That Chapter 65, Title 39, Idaho Code, be, and the same is
27 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
28 ignated as Section 39-6504, Idaho Code, and to read as follows:
29 39-6504. TRANSPORT OF WASTE TIRES. (1) No person shall transport waste
30 tires for storage to any location in this state other than to a waste tire
31 storage site for which a city or county has issued a permit or other written
32 county or city authorization in active status.
33 (2) No person shall transport waste tires for disposal to any location in
34 this state other than to a municipal solid waste landfill which is operating
35 in compliance with the requirements of section 39-6503, Idaho Code.
36 (3) Nothing in this section shall prohibit any person from transporting
37 waste tires to facilities in the state which possess a valid air quality per-
38 mit, provided the permit allows for an approved beneficial use of the waste
39 tires.
40 SECTION 6. That Chapter 65, Title 39, Idaho Code, be, and the same is
41 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
42 ignated as Section 39-6505, Idaho Code, and to read as follows:
43 39-6505. PROHIBITED ACTS. No person shall advertise or represent
44 himself/herself as being in the business of accepting waste tires for trans-
45 port, storage, or disposal without being in full compliance with all the pro-
46 visions of this chapter.
47 SECTION 7. That Chapter 65, Title 39, Idaho Code, be, and the same is
48 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
49 ignated as Section 39-6506, Idaho Code, and to read as follows:
7
1 39-6506. RECYCLING AND REUSE OF WASTE TIRES. The state of Idaho seeks to
2 protect human health and the environment by encouraging the recycling and
3 reuse of waste tires. Accordingly, the legislature directs the department to
4 identify approved methods of recycling and reuse of waste tires.
5 SECTION 8. That Section 39-6507, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-6507. PENALTIES. (1) Any person who improperly knowingly stores,
8 transports or disposes of a tire in violation of the provisions of this chap-
9 ter is subject to a civil penalty of not more than five hundred dollars ($500)
10 per violation and is subject to the provisions of the environmental protection
11 and health act contained in section 39-108, Idaho Code. Each tire so disposed
12 of improperly constitutes a separate violation.
13 (2) A person who knowingly violates any provision of this chapter other
14 than as described in subsection (1) of this section, is subject to a civil
15 penalty of not more than one hundred dollars ($100) per violation and is sub-
16 ject to the provisions of the environmental protection and health act con-
17 tained in section 39-108, Idaho Code.
18 SECTION 9. That Chapter 65, Title 39, Idaho Code, be, and the same is
19 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
20 ignated as Section 39-6508, Idaho Code, and to read as follows:
21 39-6508. PURPOSE. The state of Idaho supports and encourages the reuse
22 and recycling of waste tires. The legislature finds the paramount public
23 interest in regulating waste tires is to protect public health and safety. In
24 particular, the legislature is concerned with eliminating potential fire haz-
25 ards; minimizing or eliminating potential breeding grounds for disease-bearing
26 insects; and eliminating potential sources of surface and ground water contam-
27 ination.
STATEMENT OF PURPOSE
RS 12517C1
The proposed changes to the Waste Tire Act strengthen the ability
of the State, Counties, and Cities to regulate storage and
disposal sites. Waste Tire Storage Sites will maintain $2.50 per
tire financial assurance in the form of a cash bond in favor of
the County, City, or State where the facility is cited. No
person or recognized entity may own and/or operate a Waste Tire
Storage Site without a current Conditional Use Permit issued by
the County or City where the site is located. Additionally,
Waste Tires may be disposed of at a permitted public or private
municipal solid waste landfill with an approved operating plan
once they have been reduced by at least 65% of their original
volume.
FISCAL IMPACT
There will be no fiscal impact to the General Fund or other state
funds.
Contact
Name: Jason Jedry, Environmental Quality, Department of
Phone: 373-0165
STATEMENT OF PURPOSE/FISCAL NOTE H 198