82R22482 JAM-D
By: Quintanilla, Aliseda H.B. No. 405
Substitute the following for H.B. No. 405:
By: Chisum C.S.H.B. No. 405
A BILL TO BE ENTITLED
AN ACT
relating to the storage, transportation, and disposal of tires;
providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.1125(a)(1), Health and Safety Code,
is amended to read as follows:
(1) "Scrap tire" has the meaning assigned by Section
361.471 [361.112].
SECTION 2. Chapter 361, Health and Safety Code, is amended
by adding Subchapter P to read as follows:
SUBCHAPTER P. STORAGE, TRANSPORTATION, AND DISPOSAL OF USED
OR SCRAP TIRES
Sec. 361.471. DEFINITIONS. In this subchapter:
(1) "Commission" means the Texas Commission on
Environmental Quality.
(2) "Generator" means:
(A) a fleet operator;
(B) an automotive dismantler; or
(C) a new or used tire retailer, wholesaler,
manufacturer, recapper, or retreader.
(3) "Reusable tire" means a used tire that:
(A) can be used for its original intended
purpose;
(B) has tire tread not less than one-sixteenth
inch deep;
(C) does not have chunking, bumps, knots, or
bulges evidencing cord, ply, or tread separation from the casing or
other adjacent material; and
(D) does not have exposed tire cords or belting
material as a result of damage to the tire.
(4) "Scrap tire" means:
(A) a used tire that a generator has rendered
unusable; or
(B) a tire that can no longer be used for its
original intended purpose because it has:
(i) tire tread less than one-sixteenth inch
deep;
(ii) chunking, bumps, knots, or bulges
evidencing cord, ply, or tread separation from the casing or other
adjacent material; or
(iii) exposed tire cords or belting
material as a result of damage to the tire.
(5) "Transporter" means:
(A) a person who transports used or scrap tires
for compensation; or
(B) a generator who transports used or scrap
tires.
Sec. 361.472. RULES. The commission by rule shall adopt
application forms and procedures for the registration and
permitting processes authorized under this subchapter.
Sec. 361.473. STORAGE OF USED OR SCRAP TIRES; REGISTRATION
REQUIRED. (a) A person may not store more than 500 used or scrap
tires for any period on any publicly or privately owned property
unless the person registers the storage site with the commission.
This section does not apply to:
(1) the storage, protection, or production of
agricultural commodities; or
(2) the temporary storage of used or scrap tires for
eventual recycling, reuse, or energy recovery if the storage is
approved by the commission.
(b) The commission may register a site to store more than
500 used or scrap tires.
Sec. 361.474. STORAGE OF USED OR SCRAP TIRES; SHREDDING,
SPLITTING, OR QUARTERING REQUIRED. (a) A person may not store
more than 500 used or scrap tires unless the tires are shredded,
split, or quartered as provided by commission rule. The commission
may grant an exception to this requirement if the commission finds
that circumstances warrant the exception.
(b) The prohibition provided by Subsection (a) does not
apply to:
(1) a registered waste tire energy recovery facility
or a waste tire energy recovery facility storage site; or
(2) a person who, for eventual recycling, reuse, or
energy recovery, temporarily stores used or scrap tires:
(A) in a designated recycling collection area at
a landfill permitted by the commission or licensed by a county or by
a political subdivision exercising the authority granted by Section
361.165; or
(B) at another location approved by the
commission for the temporary storage of used or scrap tires.
Sec. 361.475. STORAGE OF TIRES IN CERTAIN LOCATIONS. The
commission may adopt rules to regulate the storage of used, scrap,
or shredded tires that are stored at a marine dock, rail yard, or
trucking facility for more than 30 days.
Sec. 361.476. TRANSPORTATION OF USED OR SCRAP TIRES;
REGISTRATION REQUIRED. (a) Except as provided by commission rule,
a transporter may not transport used or scrap tires unless the
transporter registers with the commission.
(b) A generator may register as a transporter.
(c) A transporter may not transport reusable tires together
with scrap tires unless the reusable and scrap tires are collected
from a generator and transported directly to a tire processor, as
defined by commission rule.
(d) The commission by rule may exempt from the requirements
of this section a type of transporter if the commission finds that
circumstances support the exemption.
Sec. 361.477. TRANSPORTATION OF USED OR SCRAP TIRES;
MANIFEST AND ACCEPTABLE DESTINATIONS. (a) A transporter who
transports used or scrap tires for storage or disposal shall
maintain records and use a manifest or other appropriate
documentation system as provided by commission rule to ensure that
those tires are transported to:
(1) a storage site that is registered under Section
361.473;
(2) a disposal facility that is permitted under
Section 361.479 for that purpose;
(3) if the tire is a reusable tire, a used tire dealer
or other generator; or
(4) another location allowed by commission rule
adopted under Section 361.478.
(b) A transporter who transports used or scrap tires for
storage or disposal shall file with the commission the manifest or
other appropriate documentation system used as required by this
section.
(c) The commission by rule may exempt from the requirements
of this section a type of transporter if the commission finds that
circumstances support the exemption.
Sec. 361.478. TRANSPORTATION OF USED OR SCRAP TIRES FOR
BENEFICIAL USE. The commission by rule shall authorize the
transportation of used or scrap tires to a facility that will reuse
the tires beneficially for purposes such as energy recovery,
tire-derived fuel, septic drain fields, rubber mulch, crumb rubber,
or reclamation projects.
Sec. 361.479. DISPOSAL AT PERMITTED SITE REQUIRED. (a) A
person may not dispose of used or scrap tires in a facility that is
not permitted by the commission for that purpose.
(b) The commission may issue a permit for a facility for the
disposal of used or scrap tires.
(c) The commission may amend, extend, transfer, or renew a
permit issued under this section as provided by this chapter and
commission rule.
(d) The notice and hearing procedures provided by
Subchapter C apply to a permit issued, amended, extended,
transferred, or renewed under this section.
(e) The commission may, for good cause, revoke or amend a
permit issued under this section for a reason concerning public
health, air or water pollution, land use, or a violation of this
section, as provided by Section 361.089.
Sec. 361.480. DISPOSAL OF USED OR SCRAP TIRES; SHREDDING,
SPLITTING, OR QUARTERING REQUIRED. (a) A person may not dispose of
any quantity of used or scrap tires unless the tires are shredded,
split, or quartered as provided by commission rule. The commission
may grant an exception to this requirement if the commission finds
that circumstances warrant the exception.
(b) Subsection (a) does not prohibit a person from storing
used or scrap tires temporarily for eventual recycling, reuse, or
energy recovery in a designated recycling collection area at a
landfill:
(1) permitted by the commission; or
(2) licensed by a county or by a political subdivision
exercising the authority granted by Section 361.165.
Sec. 361.481. DUTY TO REPORT IMPROPER DISPOSAL OF TIRES. A
political subdivision shall submit, at the time and in the form and
manner required by the commission, a report notifying the
commission of used or scrap tires disposed of at a location where
the disposal is not authorized by permit.
SECTION 3. Subchapter E, Chapter 7, Water Code, is amended
by adding Section 7.1851 to read as follows:
Sec. 7.1851. VIOLATIONS RELATING TO STORAGE,
TRANSPORTATION, AND DISPOSAL OF USED OR SCRAP TIRES. (a) A person
commits an offense if the person:
(1) recklessly violates:
(A) Section 361.473, Health and Safety Code;
(B) Section 361.474, Health and Safety Code;
(C) Section 361.476, Health and Safety Code;
(D) Section 361.479, Health and Safety Code;
(E) Section 361.480, Health and Safety Code; or
(F) an order, permit, or exemption issued, or
rule adopted, under Subchapter P, Chapter 361, Health and Safety
Code; or
(2) knowingly or intentionally violates:
(A) Section 361.473, Health and Safety Code;
(B) Section 361.474, Health and Safety Code;
(C) Section 361.476, Health and Safety Code;
(D) Section 361.479, Health and Safety Code;
(E) Section 361.480, Health and Safety Code; or
(F) an order, permit, or exemption issued, or
rule adopted, under Subchapter P, Chapter 361, Health and Safety
Code.
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor.
(c) An offense under Subsection (a)(2) is a state jail
felony.
SECTION 4. Section 7.302(a), Water Code, is amended to read
as follows:
(a) This section applies to a permit or exemption issued by
the commission under:
(1) Chapter 26, 27, 28, or 31 of this code;
(2) Subchapter C, P, or R, Chapter 361, Health and
Safety Code;
(3) Subchapter D, Chapter 366, Health and Safety Code;
(4) Chapter 382, Health and Safety Code; or
(5) a rule adopted under any of those provisions.
SECTION 5. Section 7.303(a), Water Code, is amended to read
as follows:
(a) This section applies to a license, certificate, or
registration issued:
(1) by the commission under:
(A) Section 26.0301;
(B) Chapter 37;
(C) Section 361.0861 or[,] 361.092[, or
361.112], Health and Safety Code;
(D) Chapter 366, 371, or 401, Health and Safety
Code; [or]
(E) Chapter 1903, Occupations Code; or
(F) Subchapter P, Chapter 361, Health and Safety
Code;
(2) by a county under Subchapter E, Chapter 361,
Health and Safety Code; or
(3) under a rule adopted under any of those
provisions.
SECTION 6. The following laws are repealed:
(1) Section 361.112, Health and Safety Code; and
(2) Section 7.304, Water Code.
SECTION 7. Not later than May 1, 2012, the Texas Commission
on Environmental Quality shall adopt rules as required by
Subchapter P, Chapter 361, Health and Safety Code, as added by this
Act.
SECTION 8. This Act takes effect September 1, 2011.