SLS 20RS-468 ORIGINAL 2020 Regular Session SENATE BILL NO. 393 BY SENATOR LAMBERT ENVIRONMENTAL QUALITY. Provides for criminal penalties for violations of the waste tire program. (8/1/20) 1 AN ACT 2 To enact R.S. 30:2418.1 and 2418.2, relative to the waste tire program within the 3 Department of Environmental Quality; to require certain generators of waste tires to 4 obtain generator identification numbers; to require certain transporters to obtain a 5 certificate; to provide for criminal penalties; and to provide for related matters. 6 Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 30:2418.1 and 2418.2 are hereby enacted to read as follows: 8 §2418.1. Failure to obtain a generator identification number 9 A. No person shall store more than twenty whole waste tires nor sell tires 10 without holding a valid generator identification number issued by the 11 department. 12 B. No person subject to Subsection A of this Section shall allow the waste 13 tires generated by his activities be transported by a person without a valid 14 transporter authorization certificate and a manifest satisfying the requirements 15 of the department. 16 C. Any person who willfully or knowingly violates this Section shall, 17 upon conviction, be subject to a fine of not less than three hundred dollars but Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 393 SLS 20RS-468 ORIGINAL 1 not more than five hundred dollars, or imprisonment for six months, or both. 2 §2418.2. Failure to obtain a waste tire transporter authorization 3 certificate 4 A. No person shall transport more than twenty waste tires without a 5 valid transporter authorization certificate and a manifest satisfying the 6 requirements of the department. 7 B. A transporter of waste tires shall only accept and transport waste tires 8 from a person who has obtained a valid generator identification number from 9 the department. 10 C. Any person who willfully or knowingly violates this Section shall, 11 upon conviction, be subject to a fine of not less than three hundred dollars but 12 not more than five hundred dollars, or imprisonment for six months, or both. 13 Section 2. Any requirement provided for in this Act shall be promulgated by the 14 department in rules and regulation in accordance with the Administrative Procedure Act. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Tyler S. McCloud. DIGEST SB 393 Original 2020 Regular Session Lambert Proposed law provides that no person shall store more than 20 whole waste tires or sell tires without holding a valid generator identification number issued by the DEQ. Proposed law provides that no person that stores more than 20 whole waste tires or sells tires shall allow the waste tires generated by his activities be transported by a person without a valid transporter authorization certificate and a manifest satisfying the requirements of the DEQ. Proposed law provides that any person who willfully or knowingly violates proposed law shall, upon conviction, be subject to a fine of not less than $300 but not more than $500, or imprisonment for six months, or both. Proposed law provides that no person can transport more than 20 waste tires without a valid transporter authorization certificate and a manifest satisfying the requirements of the DEQ. Proposed law requires a transporter of waste tires to only accept and transport waste tires from a person who has obtained a valid generator identification number from the DEQ. Proposed law provides that any person who willfully or knowingly violates proposed law shall, upon conviction, be subject to a fine of not less than $300 but not more than $500, or imprisonment for six months, or both. Proposed law requires promulgation of any DEQ rules and regulations pursuant to proposed Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 393 SLS 20RS-468 ORIGINAL law be in accordance with the Administrative Procedure Act. Effective August 1, 2020. (Adds R.S. 30:2418.1 and 2418.2) Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.