1997 Regular Session
To: Conservation and Water Resources
By: Representative Ellington
House Bill 864
AN ACT TO AMEND SECTION 17-17-403, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF MOTOR VEHICLE; TO AMEND SECTION 17-17-407, MISSISSIPPI CODE OF 1972, TO EXTEND THE PROHIBITION ON LANDFILLING TIRES UNTIL JANUARY 1, 2000, AND TO ALLOW THE REVIEW OF PERFORMANCE HISTORY IN AUTHORIZING OR PERMITTING CERTAIN FACILITIES AND PERSONS; TO AMEND SECTION 17-17-423, MISSISSIPPI CODE OF 1972, TO CLARIFY THE ASSESSMENT OF THE ONE DOLLAR WASTE TIRE FEE AND TO AUTHORIZE THE ASSESSMENT AND COLLECTION OF A FIVE DOLLAR WASTE TIRE FEE FOR TIRES OF EXCEEDING A CERTAIN SIZE; TO AMEND SECTION 17-17-425, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSION TO CONSOLIDATE GRANTS MADE UNDER CERTAIN PROGRAMS; TO AMEND SECTION 17-17-427, MISSISSIPPI CODE OF 1972, TO MAKE THE ASSESSMENT OF THE PENALTY DISCRETIONARY; TO AMEND SECTION 17-17-445, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO SOLICIT FOR AND SELECT A CONTRACTOR ON A STATEWIDE BASIS FOR THE RIGHT-WAY-TO-THROW-AWAY PROGRAM; TO MAKE NUMEROUS TECHNICAL REVISIONS; TO AMEND SECTION 17-17-405, 17-17-411 AND 17-17-437, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-17-403, Mississippi Code of 1972, is amended as follows:
17-17-403. The following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Commission" means the Commission on Environmental Quality.
(b) "Collection contractor" means a person approved by the department and used by a county, municipality or multicounty agency to operate a household hazardous waste collection and management program.
(c) "Department" means the Department of Environmental Quality.
(d) "Household hazardous waste" means any waste that would be considered hazardous under the Solid Waste Disposal Law of 1974, Section 17-17-1 et seq., Mississippi Code of 1972, or any rules and regulations promulgated thereto, but for the fact that it is produced in quantities smaller than those regulated under that law or regulations and is generated by persons not otherwise covered by that law or regulations.
(e) "Motor vehicle" means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, farm equipment or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road roller, any vehicles which run only upon a track, bicycles, or mopeds * * *.
(f) "Small business" means any commercial establishment not regulated under the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. 6901 et seq.), as amended or regulations promulgated thereto.
(g) "Small quantity waste tire generator" means any private individual generating twenty-five (25) or fewer waste tires annually, or a tire retail outlet, automotive mechanic shop or other commercial or governmental entity that generates ten (10) or fewer waste tires per week.
(h) "Tire" means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle.
(i) "Waste tire" means a whole tire that is no longer suitable for its original intended purpose because of wear, damage or defect.
(j) "Waste tire hauler" means any person engaged in the collection and/or transportation of fifty (50) or more waste tires for the purpose of storage, processing or disposal or any person transporting waste tires for compensation.
(k) "Waste tire processing facility" means a site where tires are reduced in volume by shredding, cutting, chipping or otherwise altered to facilitate recycling, resource recovery or disposal. The term includes mobile waste tire processing equipment. Commercial enterprises processing waste tires shall not be considered solid waste management facilities.
(l) "Waste tire collection site" means a site used for the storage of one hundred (100) or more waste tires.
SECTION 2. Section 17-17-405, Mississippi Code of 1972, is amended as follows:
17-17-405. (1) * * * Owners and operators of any waste tire collection site shall provide the department with information concerning the site's location, size and approximate number of waste tires that have been accumulated at the site. The department shall promptly provide that information to the chancery clerk of the county in which the site is located.
(2) It is unlawful for any person to maintain a waste tire collection site or a waste tire disposal site unless the site is authorized by the department or permitted by the permit board. It is unlawful for any person to dispose of waste tires in the state unless the waste tires are disposed at an authorized waste tire collection site, a waste tire collection center, waste tire processing site or a waste tire disposal site.
(3) Each operator of a waste tire collection site in operation or accepting waste tires * * * after January 1, 1991, shall ensure that the area is properly closed upon cessation of operations. The department may require that a closure plan be submitted with the application for authorization. The closure plan, as approved by the department, shall include at least the following:
(a) A description of how and when the area will be closed; and
(b) The method of final disposition of any waste tires remaining on the site at the time notice of closure is given to the department.
(4) The operator shall notify the department at least ninety (90) days prior to the date he expects closure to begin. No waste tires may be received by the waste tire collection site after the date closure is to begin.
(5) If the operator of a waste tire collection site fails to properly implement the closure plan, the commission shall order the operator to implement that plan, and take other steps under Section 17-17-29 to assure the proper closure of the site.
SECTION 3. Section 17-17-407, Mississippi Code of 1972, is amended as follows:
17-17-407. The commission may promulgate and enforce rules and regulations pertaining to collection, transportation, storage, processing and disposal of waste tires and may modify, repeal, make exceptions to and grant exemptions and variances from the rules and regulations. The rules and regulations shall include:
(a) Methods of collection, storage, processing and disposal of waste tires. The following are permissible methods of waste tire processing and disposal:
(i) Controlling soil erosion, when whole tires are not used;
(ii) Grinding into crumbs for use in road asphalt, tire derived fuel and as raw materials for other products;
(iii) Pyrolizing or other physico-chemical processing;
(v) Landfilling split, ground, chopped, sliced or shredded waste tires until January 1, 2000. Beginning January 1, 2000, the landfilling of waste tires in any form, including, but not limited to, split, ground, chopped, sliced, shredded or whole waste tires shall be prohibited, unless the commission grants an exception. In determining whether to grant an exception, the commission shall consider the following factors:
1. Whether sufficient end-use or recycling markets have developed in all or parts of the state;
2. Whether the condition of the waste tire or waste tire derived material prevents recycling;
3. Whether the prohibition on landfilling waste tires will place a financial burden on local governments; or 4. Other factors the commission deems relevant. It is the intent of the Legislature that the commission shall, to the extent practicable, grant exceptions in areas of the state where the prohibition against landfilling waste tires will pose a demonstrated, unfunded financial burden on local governments.
(vi) Other methods as approved by the commission.
(b) Procedures for authorization or permitting for waste tire collection sites, waste tire processing facilities, waste tire haulers and waste tire disposal sites, including a review of the applicant's performance history;
(c) Requirements for location of facilities at which waste tires are collected, stored, processed or disposed, with regards to property boundaries and buildings, pest control, accessibility by fire fighting equipment and other considerations as they relate to protection of public health and safety and the environment; and
(d) Requirements for any financial assurance for waste tire haulers, waste tire collection sites, waste tire processing facilities and waste tire disposal facilities.
SECTION 4. Section 17-17-411, Mississippi Code of 1972, is amended as follows:
17-17-411. (1) * * * Any waste tire hauler transporting waste tires within or into the state must register with the department. Following submission of a completed application, the department shall issue to the waste tire hauler a waste tire hauling identification number.
(2) Each waste tire hauler shall furnish its waste tire hauler identification number on all certification forms required under Sections 17-17-401 through 17-17-427 or regulations promulgated under this section.
SECTION 5. Section 17-17-423, Mississippi Code of 1972, is amended as follows:
17-17-423. (1) * * * There is imposed a waste tire fee upon the sale of each new motor vehicle tire sold at retail. The fee shall be imposed on any person engaging in the business of making retail sales of new motor vehicle tires within this state. The fee shall be charged by the tire retailer to the person who purchases a motor vehicle tire for use on a motor vehicle. Such fee shall be imposed at the rate of One Dollar ($1.00) for each new motor vehicle tire sold with a rim diameter of less than twenty-four (24) inches and Five Dollars ($5.00) for each new motor vehicle tire sold with a rim diameter of twenty-four (24) inches or greater. That fee shall be added to the total cost to the purchaser at retail after all applicable sales taxes on the tires have been computed. The fee imposed, less five percent (5%) of fees collected, which shall be retained by the tire retailer as collection costs, shall be paid to the State Tax Commission in the form and manner required by the State Tax Commission and shall include a statement showing the total number of new tires sold during the preceding month. The State Tax Commission shall promulgate rules and regulations necessary to administer the fee collection and enforcement.
(2) The State Tax Commission shall administer, collect and enforce the fee authorized under this section under the same procedures used in the administration, collection and enforcement of the state sales tax imposed under Chapter 65, Title 27, Mississippi Code of 1972, except as provided in this section. The proceeds of the waste tire fee, less five percent (5%) of the proceeds, which shall be retained by the State Tax Commission as collection costs, shall be transferred by the State Tax Commission into the waste tire account of the Environmental Protection Trust Fund.
(3) This section shall stand repealed on July 1, 2001.
SECTION 6. Section 17-17-425, Mississippi Code of 1972, is amended as follows:
17-17-425. (1) Beginning July 1, 1995, monies allocated to the Environmental Protection Trust Fund from waste tire fees shall be accounted for in a waste tire account and shall be utilized for the following purposes:
(a) Not more than twenty-five percent (25%) shall be utilized for making grants to counties, municipalities or regional solid waste management authorities for providing a waste tire collection program for small quantity waste tire generators as provided in Section 17-17-409 and for use in clean-up of small scattered unauthorized waste tire dumps not abated under Section 17-17-419;
(b) Not more than twenty percent (20%) shall be utilized by the department for abatement of unauthorized waste tire dumps as provided in Section 17-17-419;
(c) Not more than twenty-five percent (25%) shall be utilized (i) to provide incentive grants to persons that will manufacture products from waste tires, use recovered rubber from waste tires or use waste tires as a fuel or fuel supplement,
(ii) to provide funding for research and demonstration projects directly related to solving solid waste problems resulting from waste tires, including the use of innovative technologies for the processing of waste tires, (iii) to provide an incentive reimbursement to end users for the costs of using waste tires or waste tire derived materials where those tires originate in the State of Mississippi, if the commission determines an incentive is necessary to promote market development. The commission may determine legitimate end uses that may be eligible for reimbursement and an acceptable rate of reimbursement.
(d) Not more than thirty percent (30%) shall be utilized by the department to pay the costs of administering these funds and the waste tire management program required under Sections 17-17-405, 17-17-407, 17-17-411, 17-17-413, 17-17-419 and 17-17-423.
(2) To provide for the maximum effective use of funds in the waste tire account, the commission, upon determination that unused funds are available in a particular program as described above, may reallocate funds between the programs described in paragraphs (a) through (d) of subsection (1) to exceed the percentage thresholds.
(3) The commission may consolidate any grant provided under this section with any grant provided under the local governments solid waste assistance program or the right-way-to-throw-away program. Funds provided through any consolidated grant shall be used in accordance with the program under which the funds are provided.
(4) The commission shall establish a statewide plan for the use of monies received under Sections 17-17-401 through 17-17-427 and shall adopt regulations for administering this fund. The regulations shall include eligibility requirements for persons requesting incentive grants and funding for research and demonstration projects. No incentive grant or research and demonstration project funding may be awarded for an activity which receives less than seventy-five percent (75%) of its waste tires from Mississippi waste tires sites, retailers or residents. The commission may consider requests for funding from applicants who do not meet this requirement contingent upon the applicant demonstrating that the activity does or will accept Mississippi tires and that the award of the requested funding would be in the best interest of the State of Mississippi. The burden of proof shall be on the applicant to show that eligibility requirements have been met.
(5) For the purpose of establishing a statewide plan for the use of monies received under Sections 17-17-401 through 17-17-427 and proposing regulations for administering this fund, including eligibility requirements and application priorities, the commission shall create an advisory council consisting of members of the tire industry, the general public, the department, and the Department of Economic and Community Development.
(6) The department shall provide technical assistance, upon written request, to a municipality, county or group of counties desiring assistance in applying for waste tire grants or choosing a method of waste tire management which would be an eligible use of the grant funds.
(7) Subject to the authority of the commission in subsection (2) of this section, monies existing in the waste tire account of the Environmental Protection Trust Fund on July 1, 1995, shall remain in the account as previously allocated, but those monies which have been allocated for incentive grants or research and demonstration awards shall be combined as described in subsection (1)(c) of this section.
SECTION 7. Section 17-17-427, Mississippi Code of 1972, is amended as follows:
17-17-427. Any person who hauls or disposes of a waste tire in violation of Sections 17-17-401 through 17-17-427 or any rules and regulations promulgated under those sections may be assessed a civil penalty of Fifty Dollars ($50.00) per violation. Each tire hauled or disposed of in violation of Section 17-17-401 through 17-17-427 or any rules or regulations promulgated under those sections constitutes a separate violation.
SECTION 8. Section 17-17-437, Mississippi Code of 1972, is amended as follows:
17-17-437. The commission * * * may adopt, modify, repeal, promulgate, make exceptions to, grant exemptions and variances from and enforce rules and regulations required to implement the provisions of Sections 17-17-429 through 17-17-445. Unless a different penalty is specifically prescribed, any person found guilty by the commission of violating Sections 17-17-401 through 17-17-445, * * * any rule or regulation or written order promulgated or issued by the commission shall be subject to the penalties prescribed in Section 17-17-29.
SECTION 9. Section 17-17-445, Mississippi Code of 1972, is amended as follows:
17-17-445. (1) The department shall have the following powers and duties in the administration of the Right-Way-To-Throw-Away Program established under Sections 17-17-439 through 17-17-445;
(a) To determine the types of household hazardous wastes to be handled in the program;
(b) To approve any collection contractor or contractors used in the implementation of a local household hazardous waste collection and management program;
(c) To prepare a request for proposals, select a collection contractor and require the use of that contractor on a statewide basis to conduct all local household hazardous waste collection and management programs;
(d) To establish guidelines for the registration and operations of household hazardous waste collection and management programs;
(e) To inspect any collection site operated under Sections 17-17-439 through 17-17-445 to insure that * * * collection is performed in a safe and environmentally sound manner;
(f) To develop record keeping requirements identifying types and amounts of household hazardous wastes collected, entities submitting household hazardous waste and the points of ultimate disposition;
(g) To submit an annual report to the Governor and the Legislature summarizing the operation and costs of the program, including location of sites, types and amounts of waste collected, entities disposing of waste at the collection sites and the methods utilized for disposal of the wastes; and
(h) To exercise any other powers and duties as the department may require to administer the Right-Way-To-Throw-Away Program.
(2) The commission may consolidate any grant provided under this section with any grant provided under the local governments solid waste assistance program or the waste tire management program. Funds provided through any consolidated grant shall be used in accordance with the program under which the funds are provided.
SECTION 10. This act shall take effect and be in force from and after July 1, 1997.