March 2006

Bill requiring registration of waste tire recycling facilities passes

Harrisburg, PA— Governor Edward G. Rendell signed legislation to better regulate waste tire recycling facilities and force those responsible for waste tire piles to pay for their clean up.

House Bill 1114, sponsored by John T. Yudichak (D-Luzerne), amends Act 90 of 1996 (regulating recycling and reuse of waste tires) to require proper registration of waste tire recycling facilities with the Department of Environmental Protection, require permits to build or operate such facilities, and prohibit anyone from providing whole, used, or waste tires to a waste tire hauler that does not have valid state authorization.

The bill requires those who contribute to waste tire piles to pay for cleanup and remediation. After the completion of remediation activity by a grant recipient on site, the state Department of Environmental Protection is required to itemize the amount of grant monies expended on remediation and to inform any party that has contributed or who owns the site that they will have 30 days to pay the costs.

Failure to escrow such monies will result in a waiver of all legal rights to challenge the contribution owed. It further provides that any person or municipality who cannot or does not pay will be subject to a judgment in favor of the Commonwealth for the unpaid amount.

The bill also provides that actions for the recovery of grant moneys can begin within 20 years from the date it is discovered that the person or municipality contributed, in any manner, to the creation of the waste tire pile.

The bill passed the House 194-0 and the Senate 49-0. The bill becomes effective on April 15.

 


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