Senate Bill No. 117

(By Senators Snyder, Fanning, Hunter, Kessler, McCabe, Oliverio and McKenzie)

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[Introduced January 18, 2000;

referred to the Committee on the Judiciary; and then to the Committee on Natural Resources.]

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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 of said code 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 on 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 proceeds 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; and 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. DISPOSAL OF ABANDONED MOTOR VEHICLES, JUNKED MOTOR VEHICLES, OLD VEHICLE TIRES AND ABANDONED OR INOPERATIVE HOUSEHOLD APPLIANCE WASTE TIRE PILE REMEDIATION.

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

The Legislature recognizes and declares that abandoned motor vehicles, junked motor vehicles, old vehicle waste tires and certain abandoned or inoperative household appliances 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 said abandoned motor vehicles, junked motor vehicles, old vehicle waste tires and certain abandoned or inoperative household appliances serve as harborage and breeding places for rodents, mosquitoes, fleas, ticks, mice, rats and other insects and pests, and flies 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 abandoned motor vehicles and junked motor vehicles serve frequently as temporary or permanent places of human residence unconducive to public health, safety and welfare; that the accumulation and storage of any of such items 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 said abandoned motor vehicles, junked motor vehicles, old vehicle waste tires and certain abandoned or inoperative household appliances constitute an unattractive nuisance creating a hazard to the health and safety of minors; that said items waste tires are nearly always located 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 motor vehicles, old vehicle waste tires and certain abandoned or inoperative household appliances.
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 motor vehicles, junked motor vehicles, old vehicle waste tires and certain abandoned or inoperative household appliances and to eliminate the visual pollution resulting from these items 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 abandoned motor vehicles, junked motor vehicles, old vehicle waste tires and certain abandoned household appliances. The Legislature further finds and declares that the presence of an discarded or abandoned motor vehicle, junked motor vehicle, old vehicle waste tire or an abandoned or inoperative household appliance, 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) "Abandoned household appliance" means a refrigerator, deepfreeze, range, stove, automatic dishwasher, clothes washer, clothes dryer, trash compactor, television set, radio, air conditioning unit, commode or bed springs, to which no person claims ownership and which is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher.
(2) "Abandoned motor vehicle" means any motor vehicle, or major part thereof, which is inoperative and which has been abandoned on public or private property for any period of time over five days, other than in an enclosed building or in a licensed salvage yard or at the business establishment of a demolisher, or any motor vehicle, or major part thereof, which has remained illegally on public or private property for any period of time over five days, or any motor vehicle, or major part thereof, which has remained on private property without consent of the owner or person in control of the property for any period of time over three days, or any motor vehicle, or major part thereof, which is unattended, discarded, deserted and unlicensed and is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher.
(3) "Demolisher" means any person licensed by the commissioner of the department of highways whose business, to any extent or degree, is to convert a motor vehicle or any part thereof or an inoperative household appliance into processed scrap or scrap metal, or into saleable parts, or otherwise to wreck or dismantle vehicles or appliances.
(4) "Enclosed building" means a structure surrounded by walls or one continuous wall, and having a roof enclosing the entire structure and includes a permanent appendage thereto.
(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.
(5) "Enforcement agency" means any of the following or any combination of the following:
(a) Public law-enforcement officers of this state, including conservation officers;

(b) Public law-enforcement officers of any county, city or town within this state; and
(c) The commissioner of the department of highways, his duly authorized agents and employees.
(6) "Inoperative household appliance" means a refrigerator, deepfreeze, range, stove, automatic dishwasher, clothes washer, clothes dryer, trash compactor, television set, radio, air conditioning unit, commode or bed springs, which by reason of mechanical or physical defects can no longer be used for its intended purpose, and which is either not serving a functional purpose or use or is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher.
(7) "Junked motor vehicle" means a motor vehicle, or any part thereof (other than an on-premise farm utility vehicle), which (a) is discarded, wrecked, ruined, scrapped or dismantled, (b) cannot pass the state inspection required by article sixteen, chapter seventeen-c of this code and (c) is either not serving a functional purpose or use or is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher.
(8) "Licensed salvage yard" means a salvage yard licensed under article twenty-three of this chapter.
(9) "Motor vehicle" means a vehicle which is or was self- propelled including, but not limited to, automobiles, trucks, buses and motorcycles.
(10) "Old vehicle tire" means a pneumatic tire in which compressed air is designed to support a load, but which because of wear, damage or defect can no longer safely be used on a motor vehicle and which is either not serving a functional purpose or use or is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher.
(11) (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.
(7) "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. Abandonment of motor vehicle prohibited; penalty.

(a) No person shall, within this state, abandon a motor vehicle upon the right-of-way of any public highway, upon any other public property, or upon any private property which he does not own, lease, rent or otherwise control unless it be at a licensed salvage yard or at the business establishment of a demolisher.
(b) Any person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned in the county jail not more than six months, or both fined and imprisoned.
§17-24-4. Junked motor vehicles prohibited in certain places; penalty.

No person shall, within this state, place or deposit abandon any junked motor vehicle upon the right-of-way of any public highway or upon any other public property; nor shall any person, within this state, place or deposit any junked motor vehicle upon any private property which he does not own, lease, rent, or otherwise control unless it be at a licensed salvage yard or at the business establishment of a demolisher. 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 twenty- five dollars nor more than five hundred dollars or imprisoned in the county jail for not more than six months, or both fined and imprisoned.
§17-24-5 3. Old vehicle Waste tires and inoperative or abandoned household appliances in certain places prohibited in certain places; penalty.

(a) No person shall, within this state, place, or deposit or abandon any old vehicle waste tire or part thereof inoperative or abandoned household appliance upon the right-of-way of any public highway or upon any other public property nor deposit or abandon the same any waste tire or part thereof upon any private property which he does not own, lease, rent or otherwise control, unless it be is at a licensed salvage yard monofill, solid waste facility or at the any other business establishment of a demolisher 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.
(b) 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.
(b) 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 twenty-five fifty dollars nor more than five hundred one thousand dollars or imprisoned in the county jail for not more than six months, or both fined and imprisoned.
(c) Nothing herein shall prohibit any state agency or law enforcement officer from prosecuting violations of article fifteen, chapter twenty-two of this code.
§17-24-6 4. Department Division of highways to administer funds for removal of abandoned and junked property waste tire remediation; rules and regulations authorized; existing or new division; duties of supervisor commissioner.

(a) The department division of highways shall administer all funds made available to such department the division for taking abandoned motor vehicles, junked motor vehicles, old vehicle tires and inoperative and abandoned household appliances into custody and possession remediation of waste tire piles and for the proper disposal of waste tires removed from waste tire piles. The commissioner of the department division of highways is hereby authorized and empowered (a) (i) to promulgate reasonable rules and regulations deemed 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 (b) (ii) to administer such all funds through an existing division of such department or create a new division thereof for such purpose, as he deems appropriate 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 supervisor of the responsible division commissioner shall also have the following powers and duties:
(1) To apply and carry out the provisions of this article and the rules and regulations promulgated hereunder.
(2) To investigate from time to time the operation and effect of this article and of the rules and regulations promulgated hereunder and to report his or her findings and recommendations to the commissioner secretary of the department of highways transportation, the Legislature and to 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.
§17-24-7. Authority to take possession of abandoned motor vehicles, junked motor vehicles, old vehicle tires and inoperative or abandoned household appliances.

Any enforcement agency which has knowledge of or discovers or finds any abandoned motor vehicle, and junked motor vehicle, old vehicle tire or inoperative or abandoned household appliance on either public or private property shall take the same into his custody and possession. For that purpose, the enforcement agency may employ its own personnel, equipment and facilities or hire persons, equipment and facilities for the purpose of removing, preserving and storing abandoned motor vehicles, junked motor vehicles, old vehicle tires or inoperative or abandoned household appliances: Provided, That before taking any abandoned motor vehicle or junked motor vehicle into custody and possession from private property, the enforcement agency shall give the private property owner and the owner of said motor vehicle, if ascertainable, thirty days' notice by registered or certified mail that such action will be taken unless the said motor vehicle is restored to a functional use.
§17-24-8. Abandoned or junked motor vehicles; notification to motor vehicle owner and lienholder; charges and fees; exceptions.

(a) The enforcement agency which takes into custody and possession an abandoned motor vehicle or junked motor vehicle shall, within fifteen days after taking custody and possession thereof, notify the last known registered owner of the motor vehicle and all lienholders of record that the motor vehicle has been taken into custody and possession, the notification to be by registered or certified mail, return receipt requested. The notice shall:
(1) Contain a description of the motor vehicle, including the year, make, model, manufacturer's serial or identification number or any other number which may have been assigned to the motor vehicle by the commissioner of motor vehicles and any distinguishing marks;
(2) Set forth the location of the facility where the motor vehicle is being held and the location where the motor vehicle was taken into custody and possession;
(3) Inform the owner and any lienholders of record of their right to reclaim the motor vehicle within ten days after the date notice was received by the owner or lienholders, upon payment of all towing, preservation and storage charges resulting from taking and placing the motor vehicle into custody and possession; and
(4) State that the failure of the owner or lienholders of record to exercise their right to reclaim the motor vehicle within the ten-day period shall be deemed a waiver by the owner and all lienholders of record of all right, title and interest in the motor vehicle and of their consent to the sale or disposal of the abandoned motor vehicle or junked motor vehicle at a public auction or to a licensed salvage yard or demolisher.
(b) If the identity of the last registered owner of the abandoned motor vehicle or junked motor vehicle cannot be determined, or if the certificate of registration or certificate of title contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice shall be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for the publication shall be the county wherein the motor vehicle was located at the time the enforcement agency took custody and possession thereof, and the notice shall be sufficient to meet all requirements of notice pursuant to this article. Any notice by publication may contain multiple listings of abandoned motor vehicles and junked motor vehicles. The notice shall be published within fifteen days after the motor vehicle is taken into custody and possession and shall have the same contents required for a notice pursuant to subsection (a) of this section, except that the ten-day period shall run from the date the notice is published as aforesaid.
(c) An enforcement agency which hires any person or entity to take into custody and possession an abandoned or junked motor vehicle pursuant to this section shall notify the person or entity of the name and address of the registered owner of the motor vehicle, if known, and all lienholders of record, if any, within fifteen days after the vehicle is taken into custody and possession: Provided, That the requirements of this subsection shall not apply to motor vehicles for which the registered owner thereof cannot be ascertained by due diligence or investigation.
(d) The person or entity hired by an enforcement agency to take into custody or possession an abandoned or junked motor vehicle shall, within thirty days after the possession, notify the registered owner of the vehicle and all lienholders of record, if any, as identified by the enforcement agency pursuant to subsection (c) herein, by registered mail, return receipt requested, of the location of the facility where the motor vehicle is being stored and of the owner's liability for all towing, preservation and storage charges for the motor vehicle. Upon the issuance of the notice, the identified owner of the motor vehicle is liable and responsible for all costs for towing, preservation and storage of the motor vehicle: Provided, That failure to issue the notice required by this subsection within thirty days after possession of the motor vehicle relieves the identified owner of the motor vehicle of any liability for charges for towing, preservation and storage in excess of the sum of the first five days of such charges: Provided, however, That the requirements of this subsection do not apply to motor vehicles for which the registered owner thereof cannot be ascertained by due diligence or investigation.
(e) For abandoned or junked vehicles having a retail value of one thousand dollars or less, as ascertained by values placed upon vehicles using a standard industry reference book, a person or entity hired by an enforcement agency to tow such an abandoned or junked motor vehicle may, if the motor vehicle is not claimed by the owner or a lienholder after notice within the time set forth in subsection (d) of this section, or if the identity of the last registered owner of the abandoned motor vehicle or junked motor vehicle cannot be determined, or if the certificate of registration or certificate of title contains no address of the owner, or if it is impossible to determine with reasonable certainty the identity and address of all lienholders after publication as set forth in subsection (b) of this section, file an application with the division of motor vehicles for a certificate of title and registration which, upon payment of the appropriate fees, shall be issued. The person or entity may then sell the motor vehicle at private sale or public auction.
(f) For abandoned or junked vehicles having a retail value of one thousand dollars or less, as ascertained by values placed upon vehicles using a standard industry reference book, a licensed motor vehicle dealer, as defined in section one, article one, chapter seventeen-a of this code may, if a motor vehicle is abandoned on the property or place of business of the dealer and is not claimed by the owner or a lienholder after notice within the time set forth in subsection (d) of this section, or if the identity of the last registered owner of the abandoned motor vehicle cannot be determined, or if the certificate of registration or certificate of title contains no address of the owner, or if it is impossible to determine with reasonable certainty the identity and address of all lienholders after publication as set forth in subsection (b) of this section, file an application with the division of motor vehicles for a certificate of title and registration which, upon payment of the appropriate fees, shall be issued. The dealer may then sell the motor vehicle at private sale or public auction.
§17-24-9 5. Disposal of abandoned motor vehicles, junked motor vehicles, old vehicle waste tires and inoperative or abandoned household appliances.

(a) If an abandoned motor vehicle or junked motor vehicle is not reclaimed as provided for in section eight of this article, the enforcement agency in possession of the abandoned motor vehicle or junked motor vehicle shall sell it either at a public auction or to a licensed salvage yard or demolisher. The purchaser of such motor vehicle shall take title to such motor vehicle free and clear of all liens and claims of ownership, and shall receive a sales receipt from the enforcement agency which disposed of such motor vehicle. The sales receipt at such sale shall be sufficient title only for purposes of transferring such motor vehicle to a licensed salvage yard or to a demolisher for demolition, wrecking or dismantling, and no further titling of such motor vehicle shall be necessary by either the purchaser at the auction, the licensed salvage yard or the demolisher, who shall be exempt from the payment of any fees and taxes required under article three, chapter seventeen-a of this code: Provided, That the purchaser at the auction must place such motor vehicle in the possession of a licensed salvage yard or demolisher within twenty days from the date he purchased such motor vehicle and the licensed salvage yards or demolisher must demolish, wreck or dismantle such motor vehicle within six months after taking possession of such motor vehicle and if such licensed salvage yard or demolisher does not, such licensed salvage yard or demolisher shall be required to pay all fees and taxes required under article three, chapter seventeen-a of this code.
(b) When an enforcement agency has in its custody and possession old vehicle tires or inoperative or abandoned household appliances collected in accordance with section seven of this article, it shall The division may sell such property from time to time waste tires collected during remediation of waste tire piles at public auction or to a licensed salvage yard or demolisher 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.
§17-24-10. Proceeds from sale of abandoned motor vehicles, junked motor vehicles, old vehicle tires, and inoperative or abandoned household appliances.

From the proceeds of any such sale, the enforcement agency which sold the abandoned motor vehicle, junked motor vehicle, old vehicle tire or inoperative or abandoned household appliance shall reimburse itself for any expenses it may have incurred in removing, towing, preserving and storing said property and the expenses of conducting any auction and any notice and publication expenses incurred pursuant to this article.
Any remainder from the proceeds of such sale shall be deposited in the state treasury to be kept and maintained as a special revolving account, hereinafter established and designated as the "Abandoned and Junked Property Fund": Provided, That any remainder from the proceeds of the sale of an abandoned motor vehicle or junked motor vehicle after payment of such expenses shall be held for the last registered owner of such motor vehicle or any lienholder for ninety days, after which time, if no owner or lienholder claims the remainder, it shall be deposited in said special fund.
Any moneys so collected and deposited in said special fund shall be used solely by the department of highways for the payment of auction, towing, removing, preserving, storing, notice and publication costs which results from taking other abandoned motor vehicles, junked motor vehicles, old vehicle tires and inoperative or abandoned household appliances into custody and possession.
§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.
§17-24-11. Collection of portion of fee on issuance of certificate of title to new motor vehicles for deposit in abandoned and junked property fund; establishment of such fund; audit.

One dollar of the fee collected by the department of motor vehicles for the issuance of a certificate of title to a new motor vehicle on and after the effective date of this article shall be transmitted by such department of motor vehicles to the state treasurer and deposited by him in the "Abandoned and Junked Property Fund," hereinafter in this section established: Provided, That no further transmittals shall be made after a total of two hundred thousand dollars has been so collected and deposited in such fund.
 There is hereby established a special fund in the state treasury which is hereby designated the "Abandoned and Junked Property Fund." The state treasurer shall quarterly transfer to the account of the department of highways one fourth of all moneys appropriated by the Legislature for implementation of the provisions of this article, and shall quarterly transfer to such account all fees collected and deposited in such special fund, as aforesaid, to the date of such transfer, and the net proceeds deposited in such special fund, as provided in section ten of this article, to the date of such transfer. The moneys, fees and net proceeds transferred to the department of highways and any federal moneys made available for such purpose shall be used to defray all costs incurred in the removal and disposal of property as authorized in this article. The legislative auditor shall quarterly conduct an audit of the funds available to the department of highways for implementation of the provisions of this article.
§17-24-12 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 abandoned motor vehicles, junked motor vehicles, old vehicle waste tires or inoperative or abandoned household appliances, in violation of any provision of this article, or the violation of any other provision of this article.
§17-24-13 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.