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S1104...............................................by AGRICULTURAL AFFAIRS
WASTE TIRE DISPOSAL - Amends existing law relating to waste tire disposal
to revise a definition.
02/09 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1104
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO WASTE TIRE DISPOSAL; AMENDING SECTION 39-6501, IDAHO CODE, TO
3 REVISE A DEFINITION.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 39-6501, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-6501. DEFINITIONS. As used in this chapter:
8 (1) "City" means the city where the waste tire storage site is located.
9 (2) "County" means the county where the waste tire storage site is
10 located.
11 (3) "Department" means the department of environmental quality.
12 (4) "Dispose" means to drop, deposit, dump, spill or permanently place
13 any waste tire onto or under the ground or into the waters of this state, or
14 to own or control property where waste tires are dropped, deposited, dumped,
15 spilled or permanently placed onto or under the ground or into the waters of
16 this state.
17 (5) "Existing waste tire storage site" means any property storing waste
18 tires prior to recycle, reuse, or final disposal as of July 1, 2003, regard-
19 less of whether the owner or operator possesses a permit or other written city
20 or county authorization authorizing the storage of waste tires at the prop-
21 erty.
22 (6) "Mining waste tire" means a waste tire which is greater than fifty-
23 four (54) inches in diameter which was used in mining operations. Mining waste
24 tires may be disposed of by burial. The department of lands shall prepare
25 guidelines to govern the burial of mining waste tires.
26 (7) "Motor vehicle" means any automobile, motorcycle, truck, trailer,
27 semitrailer, truck tractor and semitrailer combination or other vehicle oper-
28 ated on the roads of this state, used to transport persons or property and
29 propelled by power other than muscular power, but motor vehicle does not
30 include bicycles.
31 (8) "New waste tire storage site" means any property that is not storing
32 waste tires as of July 1, 2003, and applies for and receives a permit or other
33 written city or county authorization to store waste tires prior to recycle,
34 reuse or final disposal on or after July 1, 2003.
35 (9) "Operator" means any person presently, or who was during any period
36 of waste tire storage or disposal, in control of, or having responsibility for
37 a waste tire storage site or a waste tire disposal site.
38 (10) "Owner" means a person who owned a waste tire storage site or dis-
39 posal site at any time waste tires are stored or disposed at the property, and
40 the current owner of the waste tire storage site or waste tire disposal site.
41 (11) "Person" means an individual, public or private corporation, partner-
42 ship, association, firm, joint stock company, joint venture, trust, estate,
43 municipality, commission, political subdivision of the state, state or federal
2
1 agency, department or instrumentality, special district, interstate body or
2 any legal entity, which is recognized by law as the subject of rights and
3 duties.
4 (12) "Retail tire dealer" means any person actively engaged in the busi-
5 ness of selling new, used, or retread replacement tires at the retail level.
6 (13) "Store" or "storage" means to accumulate more than two hundred (200)
7 waste tires at any time, in a manner that does not constitute final disposal
8 at a waste tire disposal site, or to own or control property on which more
9 than two hundred (200) waste tires accumulate at any given time, in a manner
10 that does not constitute final disposal at a waste tire disposal site. The
11 following activities shall not constitute "storing" or "storage" of waste
12 tires:
13 (a) A retail tire dealer collecting less than one thousand five hundred
14 (1,500) waste tires at any point in time for each retail business loca-
15 tion.
16 (b) A tire retreader collecting less than three thousand (3,000) waste
17 tires at any point in time for each individual retread operation so long
18 as the waste tires are of the type the retreader is actively retreading.
19 (c) A wrecking salvage business collecting less than one thousand five
20 hundred (1,500) waste tires for each retail business location.
21 (d) A waste tire disposal site collecting waste tires for disposal at the
22 site in accordance with the site's approved operating plan.
23 (e) A wholesale tire dealer collecting less than one thousand five hun-
24 dred (1,500) waste tires at any point in time for each wholesale business
25 location.
26 (f) An approved solid waste transfer station or solid waste landfill col-
27 lecting less than one thousand five hundred (1,500) waste tires prior to
28 transfer to an approved waste tire storage or disposal site.
29 (g) A farm or livestock operation which utilizes waste portions of tires
30 to secure farm or livestock silage or wastes provided the total number of
31 waste tires shall not exceed one thousand five hundred (1,500) the por-
32 tions of tires does not exceed a number that is reasonably required to
33 secure the silage or wastes. The utilization of portions of tires must be
34 consistent with efforts to minimize the pooling of water.
35 (h) A permitted facility storing tires for an approved beneficial use.
36 (14) "Tire" has the meaning provided in section 49-121, Idaho Code.
37 (15) "Tire retreader" means any person actively engaged in the business of
38 retreading tires by scarifying the surface to remove the old surface tread and
39 attaching a new tread to make a usable tire.
40 (16) "Transport" or "transporting" means picking up or hauling waste
41 tires.
42 (17) "Waste tire" means a motor vehicle tire originally used for operation
43 of a vehicle on a public roadway which is no longer suitable for its original
44 intended purpose because of wear, damage or defect.
45 (18) "Waste tire storage site" means a new or existing waste tire storage
46 site.
47 (19) "Waste tire disposal site" means a public or private municipal solid
48 waste landfill operating in compliance with section 39-6503, Idaho Code.
49 (20) "Wholesale tire dealer" means any person engaged in the business of
50 selling new replacement tires to tire retailers.
51 (21) "Wrecking salvage business" means any establishment or place of busi-
52 ness which is maintained, used, or operated, for storing, keeping, buying, or
53 selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehi-
54 cle parts.
STATEMENT OF PURPOSE
RS 16889C2
This legislation repeals the limitation on the number of tires
that a Confined Animal Feeding Operation may utilize to secure
waste or silage. At the same time it requires that those tires be
utilized in an effort that prevents the pooling of stagnate
water, which breeds infestations of mosquitos. This legislation
would lessen these mosquito breeding habitats and help reduce the
threat of the West Nile Virus.
FISCAL NOTE
None.
Contact
Name: Clint Stennett
Phone: 208-332-1351
STATEMENT OF PURPOSE/FISCAL NOTE S 1104