Title 19, Health

[PART II.] USED MOTOR VEHICLE TIRE RECOVERY §342I-21 Definitions. As used in this part unless the context otherwise requires: "Authorized tire collection facility" means any facility permitted by the department under chapter 342H as a tire collection facility which may collect an…

[§342I-22] Motor vehicle tires; disposal in landfill or municipal solid waste incinerator prohibited. (a) No person shall place a whole motor vehicle tire in mixed municipal solid waste, or shall discard or otherwise dispose of a motor vehicle tire except by delivery to any motor…

§342I-23 Motor vehicle tires; collection for recycling. (a) Each tire retailer shall: (1) Accept, at the point of transfer, in a quantity at least equal to the number of new motor vehicle tires purchased by a customer, motor vehicle tires offered by the customer. (2) Post written…

[§342I-24] Inspection of motor vehicle tire retailers. In performing its duties under this part, the department may inspect any place, building, or premise governed by this part. Authorized employees of the agency may issue warnings and citations to persons who fail to comply wit…

§342I-25 Motor vehicle tire wholesalers. Any person selling new motor vehicle tires at wholesale shall accept at the point of transfer, in a quantity at least equal to the number of new tires purchased by a customer, used motor vehicle tires offered by the customer. A motor vehic…

[§342I-26] Registration and recordkeeping requirements. (a) All facilities that accept used tires, including but not limited to tire retailers, wholesalers, transporters, collectors, and recyclers, shall maintain, for a minimum of three years, records that provide, at least, the …

§342I-28 Tire inventory records and payment. (a) Payment of the motor vehicle tire surcharge shall be made quarterly based on inventory records of the importers except for those importers subject to subsection (c) or (d). The dates September 30, December 31, March 31, and June 30…

[§342I-29] Deposit into environmental management special fund. The surcharge collected pursuant to this part shall be deposited into a special account in the environmental management special fund established by section 342G-63. All interest earned or accrued on moneys deposited i…

§342I-3 Inspection of lead acid battery facilities. The department of health shall produce, print, and distribute the notices required by section 342I-2 to all places where lead acid batteries are offered for sale at retail. In performing its duties under this part, the departmen…

[§342I-30] Recovery of costs. (a) Any costs incurred and payable from the fund as a result of tire cleanups and associated environmental assessments and remediation shall be recovered by the attorney general, upon the request of the department, from the liable person or persons. …

[§342I-31] Contract for administrative services. The department may contract the services of a third party to administer the motor vehicle tire program under this part. [L 2000, c 173, pt of §1]

[§342I-32] Entry and inspection of facilities. The department or other authorized party may enter and inspect any building or place, according to law at a reasonable time, for the purpose of: (1) Investigating an actual or suspected violation of this part; (2) Conducting reasonab…

[§342I-33] Enforcement. The department of health shall enforce this part. Authorized employees of the department may issue warnings, citations, or administrative orders, or commence civil action in circuit environmental court against persons who fail to comply with the requiremen…

[§342I-34] Penalties. (a) For each violation of this part, a violator shall be subject to a penalty of not more than $10,000 for each separate offense. However, the failure to post the notice required under section 342I-23, following a warning issued by an authorized employee of …

[§342I-35] Disposition of collected fines and penalties. Fines and penalties collected under this part shall be deposited into the environmental response revolving fund established by section 128D-2. [L 2000, c 173, pt of §1]

§342I-4 Lead acid battery wholesalers. Any person selling new lead acid batteries at wholesale shall accept, at the point of transfer, in a quantity at least equal to the number of new batteries purchased, used lead acid batteries from customers, if offered by customers. Except a…

[§342I-5] Enforcement. The department of health shall enforce this part. [L 1989, c 281, pt of §1]

[§342I-6] Recordkeeping. All facilities accepting five or more lead acid batteries per day from an individual shall maintain records for three years that provide, at a minimum, the following information: (1) The name, phone number, and address of the person from whom the batterie…

[§342I-7] Entry and inspection of records. The director of health may enter and inspect any building or place for the purpose of: (1) Investigating an actual or suspected violation of this part; (2) Conducting reasonable tests; (3) Taking samples; and (4) Reviewing and copying re…

§342I-8 Penalties. (a) Any person who violates this part shall be fined not more than $10,000 for each separate offense; provided that the failure to post the notice required under section 342I-2, following a warning issued by the director of health, shall be subject to a fine of…

[§342I-9] Disposition of collected fines and penalties. Fines and penalties collected under this part shall be deposited into the environmental response revolving fund, established by section 128D-2. [L 1991, c 201, pt of §1]