REPEALED AND SUPERSEDED BY CHAPTER 40A EFFECTIVE OCTOBER 1, 2004.

For the purposes of this chapter, the following terms shall have the following meanings:

(1) COMMISSION. The Scrap Tire Study Commission created under Section 22-40-10.

(2) COUNTY ENFORCEMENT OFFICER. The person appointed by the county commission of each county to enforce this chapter, and any deputy enforcement officers enforcing this chapter under the supervision of the county enforcement officer.

(3) FLEET TIRE RECEIVER. Any person, company, corporation, or governmental entity who, in the regular course of business meets all of the following: (i) Owns and operates a fleet of vehicles for business purposes; (ii) on business premises or on business-owned property, conducts the repair and maintenance, including the repair or replacement of tires, on fleet vehicles or vehicles owned by a person or company that is related through corporate affiliation or employment; and (iii) transports scrap tires received by the person, company, corporation, or governmental entity to a scrap tire collection facility.

(4) GOVERNMENTAL ENTITY. The State of Alabama, any incorporated municipality in Alabama, and any county in Alabama, and any department, agency, board, or commission of the state, any municipality, or county, including school boards, and any public corporations identified by statute as providing a governmental function.

(5) INNOCENT LANDOWNER. Any person, company, corporation, or governmental entity holding an interest in real property upon which scrap tires are discarded illegally or without specific permission from the holder of the real property interest.

(6) PERSONAL USE DISPOSER. Any individual, business, or agricultural enterprise disposing of scrap tires removed from a vehicle owned and used by that individual, business, or agricultural enterprise. Any individual, business, or agricultural enterprise who in a 12-month period disposes of more than one tire per rim for each vehicle registered to that individual, business, or agricultural enterprise is not a personal use disposer under this chapter.

(7) PROPERLY PERMITTED. A scrap tire collection facility that is operating in compliance with the rules and regulations issued by the Alabama Department of Public Health or the Alabama Department of Environmental Management, or both departments, and that has been issued and maintains any operating permits required by law or regulation.

(8) RETREAD OR RETREADED TIRE. A used tire casing which has been removed from the rim of a vehicle and which has or will receive a new covering of tread for reuse or resale.

(9) SCRAP TIRE. A tire that is not on the wheel of a vehicle and is no longer suitable for its original intended use due to wear, damage, defect, or deviation from the manufacturer's specifications, but shall not include a tire for retreading and recapping.

(10) SCRAP TIRE COLLECTION FACILITY. Any person, company, or corporation that receives or collects, or both, scrap tires at a facility set up for the disposal of such tires, including any landfills that accept scrap tires, through storage, reuse, recycling, or otherwise pursuant to and under any rules and regulations which are or may be promulgated by the Alabama Department of Public Health, the Alabama Department of Environmental Management, or the laws of this state, and any facility receiving tires for the purpose of utilizing tire-derived fuel.

(11) SCRAP TIRE LICENSE. A license issued pursuant to this chapter.

(12) SCRAP TIRE RECEIVER. Any person, company, or corporation, who in the regular course of business receives, as a trade-in or otherwise, scrap tires. A scrap tire receiver shall include, but not be limited to, any person, company, or corporation engaged in the business of selling, receiving, or distributing new or used tires in the State of Alabama, whether at retail or wholesale, and whether or not the sale or distribution of tires is the principal purpose of the business; and any person, company, or corporation engaged in the repair or servicing of vehicles which offers as one of its services, the sale, installation, or replacement of new or used tires. A scrap tire receiver shall not include a fleet tire receiver.

(13) SCRAP TIRE TRANSPORTER. Any person, company, or corporation, who in the regular course of business, collects or receives, or both, scrap tires for transportation and delivery to a scrap tire collection facility, but not including any fleet tire receiver.

(14) VIOLATION. A violation of this chapter shall include any of the following actions or circumstances:

a. The failure to obtain a scrap tire license where required by this chapter.

b. The failure to properly display the scrap tire license or to present the license upon request as required by this chapter.

c. The disposal or attempted disposal of scrap tires in a manner other than that prescribed by this chapter.

d. The attempted transfer or disposal of scrap tires as a personal use disposer, fleet tire receiver, or innocent landowner where the individual or business transferring or disposing of scrap tires does not meet the definition of a personal use disposer, fleet tire receiver, or innocent landowner.

e. The transfer or attempted transfer of scrap tires in a manner other than that prescribed by this chapter.

f. The failure to properly maintain scrap tire records or the failure to make the scrap tire records available to the county enforcement officer as prescribed by this chapter.

g. The improper addition to or removal or theft of tires from a fleet tire receiver, scrap tire receiver, scrap tire transporter, or scrap tire collection facility.

REPEALED AND SUPERSEDED BY CHAPTER 40A EFFECTIVE OCTOBER 1, 2004.

(a) There is created a continuing Scrap Tire Study Commission comprised of the following persons:

(1) A representative from the Alabama Department of Public Health appointed by the State Health Officer.

(2) A representative from the Alabama Department of Environmental Management appointed by its director.

(3) A representative from the Department of Conservation and Natural Resources appointed by its commissioner.

(4) A representative from the Alabama Department of Economic and Community Affairs appointed by its director.

(5) A representative appointed by the Alabama League of Municipalities.

(6) A representative appointed by the Association of County Commissions of Alabama.

(7) A representative appointed by the Alabama Tire Dealers Association.

(8) A representative appointed by the Scrap Tire Management Council.

(9) A representative from the scrap tire industry appointed by the Governor.

(10) A representative from the recycling industry appointed by the Lieutenant Governor.

(11) A representative from the environmental community appointed by the Speaker of the House.

(12) A representative of fleet tire receivers appointed by the Business Council of Alabama.

(b) The commission shall perform all of the following duties:

(1) Study the problem of existing piles of scrap tires found in Alabama.

(2) Research possible methods for removing existing scrap tire piles.

(3) Develop one or more proposals for the environmentally safe removal of existing scrap tire piles and the prevention of similar problems in the future.

(4) Develop programs to stimulate and encourage the environmentally safe end use of scrap tires.

(5) Establish guidelines for the expenditure of funds generated by this chapter which are appropriated and paid to the state no later than January 1, 2000.

(6) Conduct a survey of appropriate governmental entities and agencies to determine the number and location of existing scrap tire piles in Alabama. The survey shall be completed no later than March 1, 2000.

(7) File a written report to the Alabama Legislature no later than the 10th legislative day of the 2001 Regular Session, with recommendations for addressing the problems associated with the disposal of scrap tires in Alabama.

(c) The first meeting of the commission shall be called by the representative of the Alabama Department of Public Health no later than August 1, 1999, and at that meeting, the members shall elect a chair and any other officers they deem appropriate. The commission shall meet thereafter at the call of the chair. All expenses of the commission shall be paid out of the state's proceeds from the fees and penalties generated under the requirements of this chapter or other funds appropriated for that purpose.

REPEALED AND SUPERSEDED BY CHAPTER 40A EFFECTIVE OCTOBER 1, 2004.

It is intended that the provisions of this chapter shall be strictly construed and administered to accomplish the public's health interest in eliminating or significantly reducing the number of improperly discarded scrap tires within the state, and to this end, the provisions of this chapter shall be strictly enforced. Any person or company with information regarding the illegal collection or disposal of scrap tires is strongly encouraged to provide such information to the county enforcement officer to assist in the effective enforcement of the chapter. Anyone providing information regarding violations of this chapter to the county enforcement officer or any law enforcement agency shall be immune from any criminal or civil liability for providing the information or for cooperating in an investigation of any possible violations reported.

REPEALED AND SUPERSEDED BY CHAPTER 40A EFFECTIVE OCTOBER 1, 2004.

(a) In addition to any other licenses required under the laws of this state, all scrap tire receivers and all scrap tire collection facilities doing business in this state shall annually obtain a scrap tire license in each county in which the business is located or operates. Any business with more than one location within a county shall maintain a separate license for each location. The fee for each annual scrap tire license issued to any scrap tire receiver or scrap tire collection facility in a county shall be twenty-five dollars ($25) per year. Except as otherwise provided in this chapter, the procedures for purchasing such license shall be as set out in Article 1 of Chapter 12, Title 40.

(b) All scrap tire transporters doing business in the State of Alabama, whether or not the business is physically located in the state, shall be required to obtain an annual license. The license shall be issued in the county of the scrap tire transporter's principal place of business, but shall authorize the statewide collection and transportation of scrap tires. A scrap tire transporter whose principal place of business is outside of Alabama shall purchase his or her license in one of the counties in Alabama where he or she regularly collects or disposes of scrap tires. Each company vehicle used for the transportation of scrap tires within the state shall display a scrap tire license decal, which shall be displayed in the windshield at all times, whether the decal is affixed or not. Additionally, a copy of the license shall be kept inside the vehicle at all times. The fee for an annual license for a vehicle transporting scrap tires shall be twenty-five dollars ($25) per year; however, if a scrap tire transporter business has more than one vehicle transporting scrap tires, it shall be assessed one dollar ($1) per vehicle for the cost of each additional decal. Except as otherwise provided in this chapter, the procedures for purchasing such license shall be as set out in Article 1 of Chapter 12, Title 40.

(c) Except for governmental entities, all fleet tire receivers doing business in the State of Alabama shall annually obtain a scrap tire license in the county of incorporation, the principal place of business in Alabama, or the principal place of fleet operations. The license shall be two hundred fifty dollars ($250) annually, and shall be valid in each business location within the state where fleet operations are conducted, provided a copy of the license is made available at each location. Except as otherwise provided in this chapter, the procedures for purchasing such license shall be as set out in Article 1 of Chapter 12, Title 40.

(d) All governmental entities shall be exempt from the licensure requirements of this chapter, but shall be required to comply with all other provisions of this chapter, including the record-keeping provisions for fleet tire receivers, scrap tire receivers, transporters, and collection facilities.

(e) A personal use disposer or innocent landowner shall not be required to obtain a scrap tire license, but shall be required to comply with all provisions of this chapter regarding the receipt, transportation, and disposal of scrap tires.

(f) Beginning with the license year following September 28, 2001, any person or business engaged in more than one activity requiring a scrap tire license under this chapter shall only be required to purchase one license for each location; provided, however, that the license shall state each activity in which the person or business is involved.

(g) The application for any scrap tire license shall be on a form prescribed by the Commissioner of the Department of Revenue, and shall include, at a minimum, all of the following information:

(1) The business name or names under which the business operates.

(2) The address and telephone number where the principal place of business or home office is located.

(3) The address and telephone number of each business location within the county, or if the application is for a fleet tire receiver license, each location where fleet operations are conducted.

(4) The business location where scrap tire records will be maintained and available to the county enforcement officer and the name or title of the employee to contact regarding such records.

(5) A description of the business purpose, particularly as it relates to the acquisition, collection, or disposal of scrap tires.

(6) If the license is for a scrap tire collection facility, a copy of any operating permit required by the Department of Public Health or the Department of Environmental Management, or by both departments.

(h) Prior to making application for a scrap tire license, all scrap tire transporters and scrap tire collection facilities shall post bond payable to the State of Alabama in an amount to be set by the Alabama Department of Public Health but not less than ten thousand dollars ($10,000). Proof of the bond shall be presented at the time of application for a scrap tire license. Each scrap tire license shall identify the category of business or businesses for which the license is issued.

(i) Except as otherwise provided in Section 22-40-8, the provisions of Article 1 of Chapter 12, Title 40, regarding the collection and distribution of license fees and delinquent charges shall be applicable; provided, however, that all fees and penalties paid into the county general fund shall be deposited into a special fund to be used as determined by the county commission for the administration and enforcement of this chapter. The fees and penalties paid to the state shall be continually appropriated and paid over to the Alabama Department of Public Health to be expended only for the administration and enforcement of this chapter, for scrap tire remediation, or for any expenses associated with the commission. All expenditures of funds appropriated to the state shall be made pursuant to guidelines established by the commission during its existence and thereafter as determined by the Alabama Department of Public Health. The official issuing the license shall forward a copy of the license to the county health department and the county enforcement officer within 10 days of issuance.

(j) Within 30 days of June 19, 1999, the licensing official in each county shall post notice of the effective date of the licensing requirements in a conspicuous place in the office where business licenses are purchased. The notice shall advise that all businesses collecting, receiving, or disposing of scrap tires shall be required to obtain a scrap tire license beginning October 1, 1999. The county health officer and the Alabama Department of Environmental Management shall post a similar notice in a public location in all state and county offices.

REPEALED AND SUPERSEDED BY CHAPTER 40A EFFECTIVE OCTOBER 1, 2004.

All scrap tire receivers and scrap tire collection facilities shall conspicuously display the scrap tire license in each business location at all times. Each scrap tire transporter shall display a valid scrap tire license decal, whether or not affixed, in the vehicle's windshield and shall at all times keep the license or a copy of the license in the vehicle. The decal shall be prima facie evidence that the transporter has a valid scrap tire license. However, upon request, the transporter shall present the actual license for inspection to a fleet tire receiver, innocent landowner, scrap tire receiver, a scrap tire collection facility, or the county enforcement officer for any county in this state.

REPEALED AND SUPERSEDED BY CHAPTER 40A EFFECTIVE OCTOBER 1, 2004.

(a) On and after January 1, 2000, all scrap tires disposed of in this state, including the scrap tires of a personal use disposer, fleet tire receiver, innocent landowner, or any governmental entity, shall be disposed of by deposit at a properly permitted scrap tire collection facility licensed pursuant to this chapter. Any person or business found disposing of scrap tires in a manner other than as prescribed in this chapter; any person or business other than a personal use disposer or innocent landowner found receiving or collecting scrap tires at an unlicensed location; and any person found adding or removing scrap tires from a fleet tire receiver, scrap tire receiver, scrap tire transporter, or scrap tire collection facility without the specific permission from the fleet tire receiver, scrap tire receiver, scrap tire transporter, or scrap tire collection facility shall be subject to the fines and penalties set out in Section 22-40-8.

(b) A fleet tire receiver, scrap tire receiver, innocent landowner, or personal use disposer shall only release scrap tires to a licensed scrap tire transporter; provided, however, that the fleet tire receiver, scrap tire receiver, innocent landowner, or personal use disposer, or an employee or agent thereof, may personally transport scrap tires to a licensed and properly permitted scrap tire collection facility. The scrap tire receiver may charge its customers a scrap tire disposal fee. The fee shall only be assessed against persons actually depositing tires with a scrap tire receiver for proper disposal pursuant to this chapter. The fleet tire receiver, scrap tire receiver, innocent landowner, or personal use disposer may require all scrap tire transporters to produce a valid scrap tire license and shall not release any tires to a transporter unless the vehicle used for transporting the tires is displaying a valid scrap tire license decal. A fleet tire receiver, scrap tire receiver, or innocent landowner or his or her employee or agent who personally delivers scrap tires to a licensed and properly permitted scrap tire collection facility shall require the scrap tire collection facility to produce a valid scrap tire license, and shall not deposit any scrap tires at the facility unless a valid scrap tire license is presented.

(c) A scrap tire transporter shall only accept scrap tires from a licensed scrap tire receiver or a licensed fleet tire receiver, except that a transporter may accept tires from a personal use disposer, innocent landowner, or from a governmental entity. All scrap tire transporters shall only deposit scrap tires to a licensed and properly permitted scrap tire collection facility. The scrap tire transporter shall require the scrap tire collection facility to produce a valid scrap tire license and shall not deposit any tires at a collection facility unless such license is presented.

(d) A licensed and properly permitted scrap tire collection facility may receive tires from any sources.

REPEALED AND SUPERSEDED BY CHAPTER 40A EFFECTIVE OCTOBER 1, 2004.

(a) All scrap tire receivers and fleet tire receivers shall maintain scrap tire records, which shall be made available to the county enforcement officer during business hours upon five business days' notice to the employee identified on the scrap tire license application as the contact person regarding scrap tire records. Invoices or shipping papers maintained by the scrap tire receiver or fleet tire receiver shall be sufficient to satisfy the requirement to maintain scrap tire records, provided the invoices or shipping papers include all of the information required in (b) and (c) below. All scrap tire records shall be maintained for a minimum of three years. If the scrap tire receiver obtains scrap tires from an unlicensed person such as a personal use disposer, an innocent landowner, or a governmental entity, the scrap tire receiver shall record the name of the party delivering tires to the scrap tire receiver and date the tires are received. The scrap tire receiver shall not be required to record the receipt of scrap tires obtained in the regular course of business, such as the receipt of scrap tires from a customer purchasing new tires from the scrap tire receiver.

(b) On any occasion that a scrap tire receiver or fleet tire receiver or his or her employee or agent personally deposits scrap tires at a scrap tire collection facility, that fact shall be so stated in the scrap tire records, along with all of the following information:

(1) The date on which scrap tires were deposited to a scrap tire collection facility.

(2) The name and business address of each scrap tire collection facility where the tires were deposited.

(3) The scrap tire license number of the scrap tire collection facility.

(4) The name and title of the person who actually transported the tires to the scrap tire collection facility.

(5) The approximate number of tires transported to and deposited at the scrap tire collection facility.

(c) On any occasion that a scrap tire receiver or fleet tire receiver releases scrap tires to a licensed scrap tire transporter for deposit at a scrap tire collection facility, that fact shall be so stated in the scrap tire records, along with all of the following information:

(1) The date on which scrap tires were released to the scrap tire transporter.

(2) The approximate number of tires released to a scrap tire transporter.

(3) The name and business address of the scrap tire transporter who received the tires.

(4) The scrap tire license number of the scrap tire transporter receiving the tires.

(5) The name and business address of the scrap tire collection facility where the scrap tire transporter stated the disposal of scrap tires would be made.

REPEALED AND SUPERSEDED BY CHAPTER 40A EFFECTIVE OCTOBER 1, 2004.

(a) All scrap tire transporters shall maintain scrap tire records, which shall be made available to the county enforcement officer during business hours upon five business days' notice to the employee identified on the scrap tire license application as the contact person regarding scrap tire records. Invoices or shipping papers maintained by the scrap tire transporter shall be sufficient to satisfy the requirement to maintain scrap tire records, provided the invoices or shipping papers include all of the requisite information listed below. All scrap tire records shall be maintained for a minimum of three years.

(b) On any occasion that a scrap tire transporter collects tires to be delivered to a collection facility for disposal, that fact shall be so stated in the scrap tire records along with all of the following information:

(1) The date on which tires were collected for transportation.

(2) The approximate number of tires received at each location where tires were collected.

(3) The name, business address, and scrap tire license number of each location where scrap tires were collected.

(4) The date on which the scrap tires were deposited at a licensed scrap tire collection facility and the approximate number of tires deposited on each date.

(5) The name, business address, and scrap tire license number of each scrap tire collection facility where the scrap tires were deposited.

(6) If any scrap tires are delivered to the scrap tire transporter by a personal use disposer, innocent landowner, or a governmental entity, the date of receipt, name of person, innocent landowner, or governmental entity delivering the tires, and the number of tires received from the personal use disposer, innocent landowner, or governmental entity.

REPEALED AND SUPERSEDED BY CHAPTER 40A EFFECTIVE OCTOBER 1, 2004.

(a) All scrap tire collection facilities located in Alabama shall maintain scrap tire records, which shall be made available to the county enforcement officer during business hours upon five business days' notice to the employee identified on the scrap tire license application as the contact person regarding scrap tire records. Invoices or shipping papers maintained by the facility shall be sufficient to satisfy the requirement to maintain scrap tire records, provided the invoices or shipping papers include all of the requisite information listed below. All scrap tire records shall be maintained for a minimum of three years.

(b) On any occasion that a scrap tire collection facility receives scrap tires for disposal, that fact shall be so stated in the scrap tire records along with all of the following information:

(1) The date that scrap tires were received.

(2) The name, business address, and scrap tire license number of each scrap tire receiver, scrap tire transporter, or fleet tire receiver delivering tires to the collection facility on that date.

(3) The approximate number of tires received from each scrap tire receiver, scrap tire transporter, or fleet tire receiver delivering tires to the collection facility.

(4) The name, address, and vehicle description of each unlicensed party delivering tires to the scrap tire collection facility, including any personal use disposers, innocent landowners, or governmental entities.

(5) The approximate number of scrap tires received from each unlicensed party, including any personal use disposers, innocent landowners, or governmental entities.

REPEALED AND SUPERSEDED BY CHAPTER 40A EFFECTIVE OCTOBER 1, 2004.

(a) This chapter shall be enforced by the county license inspector, county solid waste officer, county health officer, a deputy sheriff, or other person appointed by the county commission and may also be enforced by any law enforcement officer, county enforcement officer, or any officer or employee of the Department of Revenue pursuant to the laws of this state and the rules and regulations of the department relating to the enforcement of licenses. In the enforcement of this chapter, the county enforcement officer shall have all authority granted to the license inspector pursuant to Section 40-12-10, and in addition, may investigate any and all reported violations of this chapter within the county, and may independently monitor all fleet tire receivers, scrap tire receivers, scrap tire transporters, and scrap tire collection facilities within the county for compliance with this chapter. The county enforcement officer may issue citations using the Uniform Nontraffic Citation and Complaint as provided under Rule 20 of the Alabama Rules of Judicial Administration. The county enforcement officer in each county shall share information regarding possible violations in another county with the enforcement officer for that county.

(b) The county enforcement officer or other enforcement officer may issue citations for any violation of this chapter, and upon conviction, the violator or violators shall be fined a minimum of three hundred dollars ($300) for each separate violation. The penalty for failure to obtain a license as required by this chapter shall be up to one hundred fifty dollars ($150) as follows:

(1) Failure to comply with the requirements of licensing or proper display of a decal for 35 days or less shall be a twenty-five dollar ($25) penalty.

(2) Failure to comply for more than 35 days shall be a one hundred fifty dollar ($150) penalty.

(c) In addition to the fine assessed under subsection (b), a fine of five dollars ($5) per tire shall be assessed against any party who transfers, transports, stores, or disposes of scrap tires in violation of this chapter, which fee shall be in addition to all other penalties assessed under this chapter or Article 1, Chapter 2, Title 40. Beginning January 1, 2005, any person or business, except innocent landowners as defined in this chapter, shall be subject to the penalties provided in this section for the storage and/or disposal of scrap tires which occurred prior to September 28, 2001. Any person or business that would otherwise be subject to the penalties on January 1, 2005, may apply to the Department of Public Health for a one-time waiver. The department may, if the person provides an approved remediation plan, issue a waiver for a period of time as specified by the department in the waiver. Any person convicted of disposing of scrap tires in violation of this chapter shall also be personally and financially responsible for the proper removal of the scrap tires according to this chapter and any rules or regulations promulgated by the Alabama Department of Public Health and the Alabama Department of Environmental Management.

(d) In addition to the fine assessed under subsection (b), a fine of five dollars ($5) per tire shall be assessed against any person found removing scrap tires from or adding scrap tires to a fleet tire receiver, scrap tire receiver, scrap tire transporter, or scrap tire collection facility without the specific permission of the fleet tire receiver, scrap tire receiver, scrap tire transporter, or scrap tire collection facility.

(e) Individuals and entities that were found in violation of the separate five hundred dollar ($500) penalty previously imposed pursuant to subsection (b) prior to September 28, 2001, and who paid the penalty under subsection (b) prior to September 28, 2001, shall, within 60 days of September 28, 2001, be reimbursed for such penalties. The reimbursement shall be made from the respective funds into which the penalties were paid upon written request to the Licensing Division of the Alabama Department of Revenue, by those individuals and entities who paid said penalties.

REPEALED AND SUPERSEDED BY CHAPTER 40A EFFECTIVE OCTOBER 1, 2004.

The fines and penalties collected under Section 22-40-8 shall be continually appropriated and distributed as follows:

(1) One-half of all monies collected within a county shall be appropriated and paid over to the Alabama Department of Public Health for the administration and enforcement of this chapter, for the remediation of scrap tires, and for any expenses associated with the commission, with all funds expended pursuant to guidelines established by the commission during its existence and as thereafter determined by the Alabama Department of Public Health.

(2) One-half of all monies collected within a county shall be retained by that county and deposited into the special fund authorized pursuant to Section 22-40-2 to be used as determined by the county commission for the administration and enforcement of this chapter.