Section 22-40A-1 – Short Title.
Section 22-40A-1 Short title. This chapter shall be known and may be cited as the Alabama Scrap Tire Environmental Quality Act. (Act 2003-332, p. 823, §1.)
Section 22-40A-10 – Financial Assurance.
Section 22-40A-10 Financial assurance. (a) The department shall, by regulation, establish the financial assurance levels and methods that are to be set to provide funds to abate any problems created as a result of a failure by the transporter or processor to properly manage scrap tires. (b) Receivers of either class are not required to […]
Section 22-40A-11 – Administration and Enforcement.
Section 22-40A-11 Administration and enforcement. (a) Except as provided for herein, the department is designated by this chapter as the administrating agency for this chapter including administering remediation and enforcement programs; provided, however, the department may enter into delegation agreements with county commissions for enforcement of this chapter. The department is hereby authorized to carry […]
Section 22-40A-12 – Delegation Agreements; County Responsibilities.
Section 22-40A-12 Delegation agreements; county responsibilities. County commissions may request primacy on enforcement and establish delegation agreements with the department for enforcement of this chapter. The department shall establish by regulation the procedures for delegation. Counties that wish to voluntarily establish such delegation agreements with the department for local enforcement shall have the following responsibilities: […]
Section 22-40A-13 – End Use Market Development Program.
Section 22-40A-13 End use market development program. The Alabama Department of Environmental Management is designated as the department of state government responsible for development and management of an end use market development program. The department may choose to negotiate agreements with any person to participate in the end use marketing development program. (Act 2003-332, p. […]
Section 22-40A-14 – Scrap Tire Environmental Fee.
Section 22-40A-14 Scrap tire environmental fee. (a) A scrap tire environmental fee shall be collected at the point of sale from the consumer on replacement tires, whether or not the tires are mounted on a rim or wheel, in the amount of one dollar ($1) per tire, and shall be remitted to the Department of […]
Section 22-40A-15 – Distribution of Fee Proceeds.
Section 22-40A-15 Distribution of fee proceeds. The net proceeds of the scrap tire environmental fee levied by Section 22-40A-14 shall be distributed as follows: (1) To pay the costs of remediation, abatement, removal, or other remedial action within the range of 45 percent to 75 percent of monies deposited to the Scrap Tire Fund during […]
Section 22-40A-16 – Disposition of Funds.
Section 22-40A-16 Disposition of funds. (a) All fees, interest, or other income distributed to the Scrap Tire Fund shall be used only for the purposes specified in this chapter. (b) All monies derived from fines and violations of this chapter that are collected by county enforcement programs pursuant to this chapter shall be distributed to […]
Section 22-40A-17 – Evaluation of Suspected Property; Notice; Costs.
Section 22-40A-17 Evaluation of suspected property; notice; costs. (a) The department or its designated representatives may access property suspected of containing scrap tires for the purpose of evaluation of the threat to public health, the environment, and safety. (b) The department, by regulation, shall establish an administrative process to provide the responsible party, other than […]
Section 22-40A-18 – Violations.
Section 22-40A-18 Violations. Repealed by Act 2009-779, p. 2433, §2, effective August 1, 2009. (Act 2003-332, p. 823, §18; Act 2006-559, p. 1285, §1.)
Section 22-40A-19 – Penalties.
Section 22-40A-19 Penalties. (a) Any person who intentionally, knowingly, recklessly, or with criminal negligence: (1) Accumulates scrap tires in violation of this chapter, upon conviction, shall be subject to a term of imprisonment not exceeding three months. (2) Processes scrap tires in violation of this chapter, upon conviction, shall be subject to a term of […]
Section 22-40A-2 – Legislative Findings; Purpose.
Section 22-40A-2 Legislative findings; purpose. (a) The Legislature finds as follows: (1) The Alabama Scrap Tire Study Commission (STSC) submitted a report as required by Section 22-40-10, and SJR 152, adopted May 11, 2000. The section and the resolution both directed the STSC to study the present law and recommend revisions that are needed. The […]
Section 22-40A-20 – Applicability to Government Organizations.
Section 22-40A-20 Applicability to government organizations. All governmental organizations, whether federal, state, or other local governing bodies, shall be exempt from the payment of fees associated with all provisions of this chapter. These organizations shall comply with all statutory and regulatory provisions of this chapter regarding the storage, transport, processing, cleanup, and disposal of scrap […]
Section 22-40A-21 – Scrap Tire Commission.
Section 22-40A-21 Scrap Tire Commission. (a) There is created the Scrap Tire Commission (STC) to review the implementation of this chapter, including the scrap tire program, and recommend changes to this chapter to the Legislature, as needed. The STC may promulgate regulations to establish procedures for its operations. On September 1, 2003, the present monies […]
Section 22-40A-22 – Scrap Tire Fund.
Section 22-40A-22 Scrap Tire Fund. (a) A Scrap Tire Fund (STF), separate from the State General Fund, is created for carrying out this chapter. (b) All monies within the STF shall be continuously appropriated. All monies remaining in the Department of Public Health, designated for the present STSC, after payment of all outstanding expenses, shall […]
Section 22-40A-23 – Implementation of Chapter.
Section 22-40A-23 Implementation of chapter. The department shall implement this chapter to the extent funds are provided by the STF. (Act 2003-332, p. 823, §23.)
Section 22-40A-24 – Chapter Ineffective Upon Abolition of Scrap Tire Environmental Fee.
Section 22-40A-24 Chapter ineffective upon abolition of scrap tire environmental fee. In the event the scrap tire environmental fee on replacement tires imposed by Section 22-40A-14 is abolished, as determined by the Department of Revenue, this chapter shall be null and void and of no other force or effect of law. (Act 2003-332, p. 823, […]
Section 22-40A-3 – Definitions.
Section 22-40A-3 Definitions. The following terms shall have the following meanings unless the context clearly indicates otherwise: (1) APPROVED. Authorized, certified, permitted by, or meets standards of a regulatory authority. (2) AUTHORIZED DISPOSAL. For purposes of this chapter only, authorized disposal shall be the deposit of a tire in a landfill properly permitted to accept […]
Section 22-40A-4 – Accumulation and Exposure Limits.
Section 22-40A-4 Accumulation and exposure limits. (a) No person may accumulate more than 100 scrap tires, except as a permitted processor, registered receiver, permitted landfill, or transporter who has requested and been granted a storage limit by the department. (b) No person may expose accumulated scrap tires to the elements for more than 30 days. […]
Section 22-40A-5 – Cleanup; Reports; Regulations; Remediation Management.
Section 22-40A-5 Cleanup; reports; regulations; remediation management. (a) Accumulations of scrap tires for whatever purpose, not in accordance with this chapter, shall be removed by the person who created or maintained the accumulation, or if that person is not determined, by the landowner or financial interest holder if the landowner or financial interest holder does […]