Title 22 — Title 22

This chapter shall be known and may be cited as the Alabama Scrap Tire Environmental Quality Act. History: (Act 2003-332, p. 823, §1.)

(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 a…

(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 commissio…

(a) County commissions or the governing body of any Class 2 municipality may request primacy on enforcement and establish delegation agreements with the department for enforcement of this chapter. The department shall establish by rule the procedures for delegation. A county or a…

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 …

(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 Revenue on a monthly ba…

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 F…

(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 sh…

(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 …

Repealed by Act 2009-779, p. 2433, §2, effective August 1, 2009. History: (Act 2003-332, p. 823, §18; Act 2006-559, p. 1285, §1.)

(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 c…

(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 t…

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 regardin…

(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.…

(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 o…

The department shall implement this chapter to the extent funds are provided by the STF. History: (Act 2003-332, p. 823, §23.)

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. History: (Act 2003-332, p. 823, §24.)

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 s…

(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 …

(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 …

(a) For purposes of this chapter, there shall be two classes of receivers, Class One receivers and Class Two receivers as defined in Section 22-40A-3. (b) Receivers of both classes are not required to obtain a permit as a transporter, as otherwise required under Section 22-40A-7,…

(a) No person, except properly registered receivers, may engage in the transportation of scrap tires, whether or not for profit, without holding a valid transporter permit issued by the department, unless otherwise exempted by this chapter or unless allowed by department regulati…

(a) No person may engage in the processing of scrap tires, as defined herein, whether or not organized for profit, unless the person holds a valid processor permit issued by the department. (b) The department, by regulation, shall set operational requirements for processors, incl…

(a) The department shall develop and promulgate a manifest through rulemaking. (b) All scrap tire receivers, transporters, processors, and landfills are required to use a written manifest as prescribed in this section and as provided by regulations of the department. The manifest…