H. B. 4124

(By Delegates Linch, Johnson, Mahan,

Webb, Pino, Faircloth and Smirl)


[Introduced January 21, 2000;

referred to the Committee on the Judiciary then Finance.]




A BILL to amend and reenact sections two and three, article twenty- three, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact article twenty-four of said chapter; to amend and reenact section eight, article eleven, chapter twenty of said code; and to amend chapter twenty-two by adding thereto a new article, designated article fifteen-a, all relating generally to waste tires; prohibiting collection, accumulation or storage of waste tires in salvage yards; providing for exceptions; defining terms; establishing legislative findings and policy regarding urgent need for remediation of waste tire piles; defining terms; prohibiting placing, depositing or abandoning waste tires or public or private property; creating exceptions for waste tire monofills, solid waste facilities and other business authorized to accept or process waste tires; creating misdemeanor for violations; authorizing the division of highways to administer funds for waste tire remediation; authorizing the commissioner of the division of highways to contract with public and private entities to carry out the requirements of the act; providing for the disposal of waste tires; creating waste tire remediation fund; authorizing proceed of waste tire sales to be deposited into fund; establishing a fee on the issuance of a certificate of title; providing for a performance review; authorizing remedies; providing for liberal construction and severability; authorizing disposal of waste tires collected in a remediation effort in solid waste facilities; creating the waste tire management act; establishing legislative findings; defining terms; providing that waste tires from remediation not subject to tipping fees or tonnage limits; requiring solid waste facilities to accept waste tires from remediation projects; providing that persons hauling waste tires are not required to obtain a permit or certificate of need; requiring registration of tire retailers, remanufacturers, waste tire processors, monofill operators, tire haulers and other persons; establishing requirements for bills of lading; requiring annual reports on waste tires; requiring tire retailers to accept a waste tire for each new tire sold; authorizing disposal fee; requiring purchaser to leave waste tires with retailer or sign waiver; posting of signs; prohibiting accumulation of waste tires without a permit; prohibiting disposal of waste tires except at facility with valid permit; prohibiting transportation of waste tires to facility without permit; prohibiting open burning of tires and providing for enforcement actions.

Be it enacted by the Legislature of West Virginia:
That sections two and three, article twenty-three, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that article twenty-four of said chapter be amended and reenacted; that section eight, article eleven, chapter twenty of said code be amended and reenacted; that chapter twenty-two of said code be amended by adding thereto a new article designated article fifteen-a, all to read as follows:
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 23. SALVAGE YARDS.
§17-23-2. Definitions.

As used in this article:
(a) "Abandoned salvage yard" means any unlicensed salvage yard or any salvage yard that was previously licensed but upon which the license has not been renewed for more than one year.
(b) "Commissioner" means the commissioner of the West Virginia department division of highways.
(c) "Fence" means an enclosure, barrier or screen constructed of materials or consisting of plantings, natural objects or other appropriate means approved by the commissioner and located, placed or maintained so as effectively to screen at all times salvage yards and the salvage therein contained from the view of persons passing upon the public roads of this state.
(d) "Occupied private residence" means a private residence which is occupied for at least six months each year.
(e) "Owner or operator" includes an individual, firm, partnership, association or corporation or the plural thereof.
(f) "Residential community" means an area wherein five or more occupied private residences are located within any one thousand foot radius.
(g) "Salvage" means old or scrap brass, copper, iron, steel, other ferrous or nonferrous materials, batteries or rubber and any junked, dismantled or wrecked machinery, machines or motor vehicles or any parts of any junked, dismantled or wrecked machinery, machines or motor vehicles excluding waste tires not attached to vehicles or machines.
(h) "Salvage yard" means any place which is maintained, operated or used for the storing, keeping, buying, selling or processing of salvage, or for the operation and maintenance of a motor vehicle graveyard: Provided, That no salvage yard shall accept, store or process waste tires unless it has all permits necessary to operate a monofill, waste tire processing facility or solid waste facility. Any salvage yard which currently has on its premises waste tires not on a vehicle must establish a plan in conjunction with the division of environmental protection for the proper disposal of the waste tires.
(i) "Waste tire" means any continuous solid or pneumatic rubber covering designed to encircle the wheel of a vehicle but which has been discarded, abandoned or is no longer suitable for its original, intended purposed nor suitable for recapping, or other beneficial use because of wear, damage or defect. A tire is no longer considered to be suitable for its original intended purpose when it fails to meet the minimum requirements to pass a West Virginia motor vehicle safety inspection. Used tires located at a commercial recapping facility or tire dealer for the purpose of being reused or recapped are not waste tires.
(j) "Waste tire monofill or monofill" means an approved solid waste facility where waste tires are placed for the purpose of long term storage for eventual retrieval for marketing purposes: Provided, That they are not mixed with any other solid waste.
(k) "Waste tire processing facility" means a solid waste facility or manufacturer that accepts waste tires generated by sources other than the owner or operator of the facility for processing by such means as cryogenics, pyrolysis, pyroprossing cutting, splitting, shredding, quartering, grinding or otherwise breaking down waste tires for the purposes of disposal, reuse, recycling and or marketing.
§17-23-3. License required; issuance; fee; renewal; disposition of fees.

No salvage yard or any part thereof shall be established, operated or maintained without a state license. The commissioner shall have the sole authority to issue such a state license, and he or she shall charge therefor a fee of two hundred dollars payable annually in advance. No license shall be issued to any salvage yard that contains waste tires which are not on vehicles or machines unless the salvage yard has received a license, permit or approval from the division of environmental protection for storage, use or processing of waste tires or has entered into an agreement with the division of environmental protection for the proper disposal of the waste tires. All licenses issued under this section shall expire on the first day of January following the date of issuance. A license may be renewed from year to year upon paying the commissioner the sum of two hundred dollars for each such renewal. All such renewal license fees collected under the provisions of this article shall be deposited in the special fund provided for in section ten of this article.
ARTICLE 24. WASTE TIRE REMEDIATION.

§17-24-1. Legislative findings; statement of policy.

The Legislature recognizes and declares that waste tires are and constitute a public nuisance and hazard to both adults and children and therefore are dangerous and constitute a clear and present danger; that waste tires serve as harborage and breeding places for rodents, mosquitoes, fleas, ticks and other insects and pests injurious to the public health, safety and general welfare; that waste tires collected in large piles pose an excessive risk to public health, safety and welfare from disease and fire; that the environmental, economic and societal damage resulting from fires in waste tire piles can avoided by removing the piles; that tire pile fires cause extensive pollution of the air and surface and ground water for miles downwind and downstream from the fire; that abatement of this pollution is costly; that the accumulation and storage of any of waste tires or parts thereof on private or public property, including but not limited to highways, is hereby found to create a condition tending to reduce the value of private property and to promote blight and deterioration which if permitted to remain will continue to destroy the natural beauty of this state and have adverse economic and social effects; that waste tires constitute an unattractive nuisance creating a hazard to the health and safety of minors; that waste tires are nearly always discarded or abandoned on public highways, rights-of-way, or within sight of such highway rights-of-way and on private property within a reasonable proximity thereto, and when so located the cost of controlling or abating such visual pollution is a cost of maintenance of public highways; that said visual pollution elsewhere located may be controlled or abated by funds made available for such purpose from sources other than those contemplated by section 52, article VI of the West Virginia Constitution; that all such visual pollution is a deterrent to economic development; and that it is in the public interest and welfare to provide for a program to eliminate the unsightly practice of discarding or abandoning waste tires.
In view of these findings the Legislature declares it to be the public policy of the state of West Virginia to eliminate the present danger resulting from discarded or abandoned waste tires and to eliminate the visual pollution resulting from waste tire piles, and that in order to provide for the public health, safety and welfare, and quality of life, to enact legislation to that end by providing expeditious means and methods for effecting the disposal of waste tires. The Legislature further finds and declares that the presence of discarded or abandoned waste tire or any part thereof, on private or public property, including but not limited to highways, except as expressly hereinafter permitted, is a public nuisance injurious to the public health, safety and general welfare of the citizens of this state which shall be abated as such by the methods provided in this article.
§17-24-2. Definitions.
Unless the context clearly indicates a different meaning, as used in this article:
(1) "Beneficial use" means whole waste tires or tire derived material which are reused in constructing retaining walls, rebuilding highway shoulders and subbase, building highway crash attenuation barriers, feedhopper or watering troughs for livestock, playground equipment, boat or truck dock construction, house or building construction, go-cart, motorbike or race track barriers, or similar types of beneficial applications: Provided, That waste tires may not be reused as fencing, as erosion control structures, along stream banks or river banks or reused in any manner where human health or the environment, as determined by the director of the division of environmental protection, is put at risk.
 (2) "Commissioner" means the commissioner of the division of highways or his or her designee.
(3) "Person" includes a natural person, corporation, firm, partnership, association or society, and the plural as well as the singular.
(4) "Waste tire" means any continuous solid or pneumatic rubber covering designed to encircle the wheel of a vehicle but which has been discarded, abandoned or is no longer suitable for its original, intended purpose nor suitable for recapping, or other beneficial use because of wear, damage or defect. A tire is no longer considered to be suitable for its original intended purpose when it fails to meet the minimum requirements to pass a West Virginia motor vehicle safety inspection. Used tires located at a commercial recapping facility or tire dealer for the purpose of being reused or recapped are not waste tires.
(5) "Waste tire monofill or monofill" means an approved solid waste facility where no solid waste except waste tires are placed for the purpose of long term storage for eventual retrieval for marketing purposes.
(6) "Waste tire processing facility" means a solid waste facility or manufacturer that accepts waste tires generated by sources other than the owner or operator of the facility for processing by such means as cryogenics, pyrolysis, pyroprossing cutting, splitting, shredding, quartering, grinding or otherwise breaking down waste tires for the purposes of disposal, reuse, recycling and or marketing.
§17-24-3. Waste tires prohibited in certain places; penalty.

(a) No person shall, within this state, place, deposit or abandon any waste tire or part thereof upon the right-of-way of any public highway or upon any other public property nor deposit or abandon any waste tire or part thereof upon any private property unless it is at a licensed monofill, solid waste facility or at any other business authorized by the division of environmental protection to accept, process, manufacture or re-manufacture waste tires; Provided, That the commissioner may temporarily accumulate as many waste tires as he or she deems necessary at any location or locations necessary to effectuate the purposes of this article.
(c) No person, except those persons who have received and maintain a valid permit or license from the state for the operation of a solid waste facility, waste tire monofill, waste tire processing facility, or other such permitted activities, shall accumulate more than one hundred waste tires for beneficial use without obtaining a license or permit from the division of environmental protection.
(d) Any person who violates any provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than one thousand dollars.
(e) Nothing herein shall prohibit any state agency or law enforcement officer from prosecuting violations of article fifteen, chapter twenty-two of this code.
§17-24-4. Division of highways to administer funds for waste tire remediation; rules authorized; duties of commissioner.

(a) The division of highways shall administer all funds made available to the division for remediation of waste tire piles and for the proper disposal of waste tires removed from waste tire piles. The commissioner of the division of highways is hereby authorized and empowered (i) to propose for legislative promulgation in accordance with article three, chapter twenty-nine- a of this code, rules necessary to implement the provisions of this article, and (ii)to administer all funds appropriated by the Legislature to carry out the requirements of this article, and any other funds from whatever source including but not limited to federal, state or private grants.
The commissioner shall also have the following powers:
(1) To apply and carry out the provisions of this article and the rules promulgated hereunder.
(2) To investigate from time to time the operation and effect of this article and of the rules promulgated hereunder and to report his or her findings and recommendations to the secretary of the department of transportation, the Legislature and the governor.
(c) The provisions of articles two-a and four, chapter seventeen of this code and the policy, rules, practices and procedures thereunder shall be followed by the commissioner in carrying out the purposes of this article.
(d) The commissioner may contract with the department of health and human resources and/or the division of corrections to remediate or assist in remediation of waste tire piles throughout the state. Utilization of available department of health and human resources and the department of corrections work programs shall be given priority status in the contract process so long as such programs prove a cost effective method of remediating waste tire piles.
§17-24-5. Disposal of waste tires.

(a) The division may sell waste tires collected during remediation of waste tire piles at public auction or to a waste tire monofill, waste tire processing facility or business authorized by the division of environmental protection to accept, store, use or process waste tires.
(b) If there is no market in West Virginia for the sale of waste tires the division may sell them at any available market.
(c) If there is no market for the sale of waste tires the division may dispose of them in any lawful manner.
§17-24-6. Creation of waste tire remediation fund; proceeds from sale of waste tires; fee on issuance of certificate of title; performance review.
(a) There is hereby created in the state treasury a special revenue fund known as the "Waste Tire Remediation Fund". The fund shall operate as a special fund whereby all deposits and payments thereto do not expire to the general revenue fund, but remain in the fund and are available for expenditure on succeeding fiscal years. The fund shall consist of the proceeds from the sale of waste tires; fees collected by the division of motor vehicles as provided for in this section; any federal, state or private grants; legislative appropriations; and any other funding source available for waste tire remediation.
(b) A temporary fee of one dollar in addition to the statutory fee required by article three, section four, chapter seventeen-a of this code for the issuance of a certificate of title to a motor vehicle on or after the first day of July, two thousand shall be transmitted by the division of motor vehicles to the waste tire remediation fund: Provided, That no further collections or transmittals shall be made after the commissioner certifies to the governor and the legislature that the remediation of all waste tire piles that were in existence on the first day of January, two thousand and one has been completed.
(c) The joint committee on government operations shall, pursuant to authority granted in article ten of chapter four of this code, conduct a preliminary performance review of the division's compliance with the waste tire remediation mandated in this article; whether the purposes of this article have been met and whether it is appropriate to terminate this program. In conducting such preliminary performance review, the committee shall follow the guidelines established in article ten, section ten, chapter four of this code. The review shall be completed on or before the first day of January, two thousand two.
§17-24-7. Injunctive relief; additional remedy.

In addition to all other remedies provided for in this article, the attorney general of this state, the prosecuting attorney of any county where any violation of any provision of this article occurs, or any citizen, resident or taxpayer of the county where any violation of any provision of this article occurs, may apply to the circuit court, or the judge thereof in vacation, of the county where the alleged violation occurred, for an injunction to restrain, prevent or abate the maintenance and storage of waste tires in violation of any provision of this article, or the violation of any other provision of this article.
§17-24-8. Construction; severable provisions.

The provisions of this article shall be liberally construed to accomplish the objectives and purposes hereof. If any provision of this article or the application thereof to any person or circumstance be held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect or invalidate other provisions or applications, and to this end, all of the provisions of this article are hereby declared to be severable.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 11. WEST VIRGINIA RECYCLING PROGRAM.

§20-11-8. Prohibition on the disposal of certain items; plans for the proper handling of said items required.

(a) Effective the first day of June, one thousand nine hundred ninety-four, it shall be unlawful to deposit lead-acid batteries in a solid waste facility in West Virginia; effective the first day of June, one thousand nine hundred ninety-six, it shall be unlawful to deposit tires in a solid waste facility in West Virginia except for waste tires collected as part of the division of highways waste tire remediation projects or other collection efforts in accordance with the provisions of article twenty-four, chapter seventeen of this code: Provided, That the division may deposit tires in solid waste facilities only when the division of highways has determined there is no reasonable alternative available.
(b) Effective the first day of January, one thousand nine hundred ninety-seven, it shall be unlawful to deposit yard waste, including grass clippings and leaves, in a solid waste facility in West Virginia: Provided, That such prohibitions do not apply to a facility designed specifically to compost such yard waste or otherwise recycle or reuse such items: Provided, however That reasonable and necessary exceptions to such prohibitions may be included as part of the rules promulgated pursuant to subsection (c) of this section.
(c) No later than the first day of May, one thousand nine hundred ninety-five, the solid waste management board shall design a comprehensive program to provide for the proper handling of yard waste and lead-acid batteries. No later than the first day of May one thousand nine hundred ninety-four, a comprehensive plan shall be designed in the same manner to provide for the proper handling of tires.
(d) No later than the first day of August, one thousand nine hundred ninety-five, the division of environmental protection shall promulgate rules, in accordance with chapter twenty-nine-a of this code, as amended, to implement and enforce the program for yard waste and lead-acid batteries designed pursuant to subsection (b) of this section. No later than the first day of August, one thousand nine hundred ninety-four two thousand, the division of environmental protection shall promulgate rules, in accordance with chapter twenty-nine-a of said code, as amended, to implement and enforce the program for tires designed pursuant to subsection (b) of this section.
(d) For the purposes of this section, "yard waste" means grass clippings, weeds, leaves, brush, garden waste, shrub or tree prunings and other living or dead plant tissues, except that, such materials which, due to inadvertent contamination or mixture with other substances which render the waste unsuitable for composting, shall not be considered to be yard waste: Provided, That the same or similar waste generated by commercial agricultural enterprises is excluded.
(e) In promulgating the rules required by subsections (b)
and (c) of this section, yard waste, as described in subsection (d) of this section, the division shall provide for the disposal of yard waste in a manner consistent with one or any combination of the following:
(1) Disposal in a publicly or privately operated commercial or noncommercial composting facility.
(2) Disposal by composting on the property from which domestic yard waste is generated or on adjoining property or neighborhood property if consent is obtained from the owner of the adjoining or neighborhood property.
(3) Disposal by open burning where such activity is not prohibited by this code, rules promulgated hereunder or municipal or county codes or ordinances.
(4) Disposal in a publicly or privately operated landfill, only where none of the foregoing options are available. Such manner of disposal will involve only small quantities of domestic yard waste generated only from the property of the participating resident or tenant.
CHAPTER 22. ENVIRONMENTAL RESOURCES.

ARTICLE 15A. WASTE TIRE MANAGEMENT ACT.
§22-15A-1. Legislative findings.
The purpose of this act is to assure the proper disposal, recycling or reuse of waste tires in West Virginia, by establishing a program designed to require proper management of all waste tires through a tracking process. The accumulation of used and waste tires constitutes a fire hazard posing a threat to both air and water quality, and further creates a potential health hazard by providing a habitat for disease spreading mosquitoes. Mechanisms must be in place to assure the citizens of this state that in the future their waste tires and waste tires imported from outside the state are properly disposed of, recycled or reused in this state. Therefore, it is the intent of the Legislature to promote and facilitate the recycling, reuse and proper disposal of waste tires in this state by establishing a tracking system to ensure that waste tires are properly collected and disposed of, recycled or reused.
§22-15A-2. Definitions.
The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:
(1) "Division" means the division of environmental protection.
(2) "Monofill" means an approved solid waste facility where waste tires are placed for the purpose of long term storage for eventual retrieval for marketing purposes.
(3) "Retailer of new tires" means a person who engages in the retail sale of a new tire in any quantity for any use or purpose by the purchaser other than for resale.
(4) "Tire" means a continuous solid or pneumatic rubber wheel covering, which has a rim size of twelve inches or more in diameter. Bicycle tires, other tires for vehicles propelled by human power and off road vehicle tires utilized in earth moving activities are not subject to the provisions of this article.
(5) "Tire hauler" means a person engaged in the business of transporting waste tires for hire or consideration. Tire hauler does not include a person who hauls waste tires generated by their own business activity.
(6) "Tire processor or waste tire processor" means a person who owns, operates or otherwise engages in the processing of waste tires by any means, including but not limited to, cryogenics, pyrolysis, pyroprocessing, cutting, splitting, shredding, chipping, grinding or joining for the purpose of reuse, remanufacturing, recycling, creating fuel or marketing of waste tires.
(7) "Tire processing site" means a site or any portion of a site actively used to produce or manufacture raw material feed stock or other usable materials from waste tires. Waste tire processing facilities are not solid waste facilities even though the processing site is located within the permit area of a solid waste facility.
(8) "Used tires" means a tire that has been removed from a wheel following a period of use and has been determined by its owner to have reuse potential as a tire.
(9) "Waste tire" means any continuous solid or pneumatic rubber covering designed to encircle the wheel of a vehicle but which has been discarded, abandoned or is no longer suitable for its original, intended purposed nor suitable for recapping, or other beneficial use because of wear, damage or defect. A tire is no longer considered to be suitable for its original intended purpose when it fails to meet the minimum requirements to pass a West Virginia motor vehicle safety inspection. Used tires located at a commercial recapping facility or tire dealer for the purpose of being reused or recapped are not waste tires.
§22-15A-3. Waste tires not subject to solid waste tipping fees; disposal in solid waste facility prohibited; exceptions; permit and certificate of need not required; exceptions.

(a) Persons authorized by the division of highways to haul, collect or dispose of waste tires as part of a waste tire remediation project and persons processing waste tires under a permit from the division of environmental protection are not responsible for any solid waste tipping fees for waste tires imposed by section five-a, article eleven, chapter twenty; section eleven, article fifteen, chapter twenty-two, section four, article sixteen, chapter twenty-two and section thirty, article four, chapter twenty-two-c of this code.
(b) Solid waste facilities are required to accept waste tires from persons authorized by the division of highways to dispose of waste tires at solid waste facilities as part of a waste tire pile remediation project conducted pursuant to article twenty-four, chapter seventeen of this code. All waste tires from division of highways remediation projects shall be excluded from the calculation of monthly tonnage limits and from the rates and charges established by the public service commission pursuant to article one, chapter twenty-four of this code.
(c) Persons required to be registered pursuant to section four of this article are not required to obtain a permit or certificate of need pursuant to the requirements of article fifteen, chapter twenty-two and article one, chapter twenty-four of this code unless those persons also engage in activities otherwise regulated by article fifteen, chapter twenty-two and article one, chapter twenty-four of this code.
§22-15A-4. Registration and bill of lading requirements.
(a) No person may operate as a retailer of new tires, tire remanufacturer, waste tire processor, monofill operator, tire hauler or other business that sells, transports, stores, disposes or process waste tires in this state without registering with the division. The purpose of registration is to assure that all businesses participating in the flow of tires from new to waste tires are identified and comply with the provisions of this article.
(b) Each person registered pursuant to this section shall document the removal, transportation and proper disposal of all waste tires in this state using a bill of lading. The division shall propose for Legislative promulgation, in accordance with article three, chapter twenty-nine-a of this code, the bill of lading requirements and all other requirements necessary to effectuate the purposes of this article. The division, at a minimum, shall require the bill of lading to include such information as the name, physical address, mailing address, county and telephone number of the licensee and other specific information that is necessary to track waste tires from the retailer to the hauler and the disposal site. The top original of the bill of lading shall be kept by the tire retailer or other originating registrant at the location from which the waste tires were originally transported. The tire retailer or other originating registrant must receive the completed bill of lading from the tire hauler within sixty days after the waste tires were transported off-site. The tire retailer or other originating registrant shall notify the division within seventy-five days of any tire hauler or other entity that fails to complete the bill of lading, alters the tire retailer's portion of the bill of lading or fails to return the bill of lading within sixty days of the off-site transportation. The second original of the bill of lading shall be kept by the tire hauler. The third original of the bill of lading shall be kept by the waste tire processor. All bills of lading shall be kept on site for a period of three years. Any authorized representative of the division may, at reasonable times, enter onto the registered site to inspect bill of lading. The registrant shall submit a copy of the bill of lading to the division upon request of the division.
(c) All registrants shall submit an annual report to the division setting forth the quantity of tires disposed, processed, remanufactured, recycled or otherwise beneficially reused.
§22-15A-5. Requirements for retail sale of tires.
(a) Except as otherwise provided in subsection (b) of this section, each retailer is required to accept one tire of comparable size for each new tire sold at retail. The retailer may charge a disposal fee to cover the actual costs of lawful waste tire disposal. No retail tire dealer registered by the division may deliver any waste tire, or part thereof, to a person not authorized by the state of West Virginia to transport or accept waste tires.
(b) Any person purchasing a new tire from a retailer must provide a used or waste tire for each tire purchased or sign a waiver, provided to the tire retailer by the division, acknowledging that he or she is retaining the waste tire and that he or she is legally responsible for proper disposal of each tire retained. These forms are to be kept by the retailer in the same manner as the bills of lading provided for in section four of this article. If the tire purchaser returns to the tire retailer with a signed form given to the purchaser by that retailer, the retailer must accept up to the total number of comparable size tires as previously retained by the purchaser: Provided, That persons having winter tires changed or buying new winter tires and keeping usable summer tires for later installation are not required to provide a used or waste tire, or sign a waiver.
(c) Each tire retailer shall post in a conspicuous place a written notice, provided by the division, that bears the following statements:
(1) "State law requires us to accept your (old) waste tires for recycling or proper disposal if you purchase new tires from us."
(2) "State law requires us to charge you no more than the actual cost of disposal of your waste tires even if you do not leave your tires with us."
(3) "It is a crime to burn, bury, abandon or throw away waste tires without authorization and or permits from the Division of Environmental Protection."
This notice must be at least eight and one-half inches wide and eleven inches high.
§22-15A-6. Prohibitions on waste tire disposal; penalties.
(a) No person, except those persons who have received and maintain a valid permit or license from the state for the operation of a solid waste facility, waste tire monofill, waste tire processing facility, or other such permitted activities, shall accumulate waste tires without obtaining a license or permit from the division: Provided, That persons who use waste tires for beneficial uses may in the discretion of the director of the division of environmental protection accumulate waste tires without a permit.
(b) No person shall dispose of waste tires in or upon any public or private land, any site or facility other than a site or facility which holds a valid permit issued by the division for such disposal or usage.
(c) No person shall knowingly transport or knowingly allow waste tires under his or her control to be transported to a site or facility that does not have a valid permit or license to accept waste tires.
(d) No person shall engage in the open burning of waste tires.
(e) Persons who violate this article are subject to all enforcement actions available to the director under the provisions of section fifteen, article fifteen, chapter twenty-two of this code.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added. Article 24, Chapter 17 has been substantially rewritten.

 Article 15A is new; therefore strike-throughs and underscoring have been omitted.