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Alabama Code (Last Updated: November 28, 2014) |
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Title22 HEALTH, MENTAL HEALTH, AND ENVIRONMENTAL CONTROL. |
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Title1 HEALTH AND ENVIRONMENTAL CONTROL GENERALLY. |
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Chapter40A. ALABAMA SCRAP TIRE ENVIRONMENTAL QUALITY ACT. |
§22-40A-3. Definitions.
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The following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) APPROVED. Authorized, certified, permitted by, or meets standards of a regulatory authority.
(2) AUTHORIZED DISPOSAL. For purposes of this chapter only, authorized disposal shall be the deposit of a tire in a landfill properly permitted to accept tires and tire materials for disposal.
(3) CLEANUP. For purposes of this chapter, cleanup means the cleaning up, remediation, control, or removal of scrap tires from the environment.
(4) CONSUMER. a. For purposes of this chapter a consumer is defined as either:
1. A retail purchaser.
2. A dealer who buys a tire to be installed on a vehicle for resale.
b. A wholesale purchaser who buys tires for resale is not considered a consumer.
(5) DEPARTMENT. The Alabama Department of Environmental Management (ADEM) or its successor organization or organizations having similar responsibility.
(6) ENFORCEMENT OFFICER. An employee of the department, or the person appointed by the county commission to enforce this chapter, and any deputy enforcement officers enforcing this chapter under the supervision of the enforcement officer, and which county commission has a delegation agreement with the department, or other municipal, county, or state law enforcement officers authorized to enforce this chapter.
(7) FUEL USER. A processor which uses tire derived fuel as a source of energy and has been permitted by the department or local air pollution control agency for the use of tire derived fuel.
(8) INNOCENT LANDOWNER. a. An owner of real property, upon which there is located an accumulation of scrap tires, who meets all of the following conditions:
1. The scrap tires were disposed of on the property after the owner acquired title to or obtained financial interest in the property, or the scrap tires were disposed of before the owner acquired title to the property and the owner lacked actual knowledge of the waste after conducting reasonable due diligence, or title was acquired by intestate succession or devise.
2. The owner did not have knowledge that the scrap tires were being disposed of on the property, or the owner took steps, including, but not limited to, posting signs to prevent disposal on the property.
3. The owner did not participate in or consent to the disposal of scrap tires on the property.
4. The owner did not receive any financial benefit from the disposal of scrap tires on the property.
5. Title to the property was not transferred to the owner for the purpose of evading liability for operating an unauthorized accumulation of scrap tires.
6. The person or persons responsible for disposing of the scrap tires on the property, in doing so, were not acting as an agent for the property owner or interest holder.
b. The State of Alabama shall be considered an innocent landowner for properties it owns or holds upon which scrap tires are disposed in which disposal the state did not participate nor to which the state consented.
(9) PERMITTED LANDFILL. For the purposes of this chapter only, any landfill that is permitted by the department to accept scrap tires and scrap tire material.
(10) PERMITTED PROCESSOR. Any person engaged in the processing of tires as defined in this section that has received the proper permit from the department. A retreader or sorter is not considered a processor.
(11) PERMITTED TRANSPORTER. A person who has received the proper transporter permit from the department.
(12) PERSON. Any individual, organization, business, or entity, whether or not organized for profit.
(13) PROCESSED TIRE MATERIAL. Any material produced from tires or tire materials through any chemical, physical, or thermal process, including, but not limited to, baling.
(14) PROCESSING. For purposes of tire processing, the term includes any of the following activities related to pneumatic tires:
a. The compression and binding of whole tires or processed tire material or baling.
b. Shredding, reducing, or altering tires by any physical, chemical, or thermal process, including, specifically, the burning of tires as a fuel.
c. Incorporating whole scrap tires into any end use product or structure where the scrap tire is not deconstructed into its component parts.
d. Punching or stamping products from whole scrap tires or producing processed tire material, crumb, or ground rubber product, whether or not that product is held for sale or used in the facility to produce an end product.
(15) RECYCLING or REUSE. A use of scrap tire or processed tire materials other than for land disposal, including, but not limited to, new products, rubber modified asphalt, civil engineering applications, or fuel use.
(16) REGISTERED RECEIVER. Either a Class One receiver or Class Two receiver defined as:
a. Class One receivers are retail tire dealers, retreaders, and used tire dealers.
b. Class Two receivers include all other receivers of scrap tires, other than Class One receivers, that generate or accumulate a minimum of 10 scrap tires in a year, specifically including, among others, any component of government, vehicle fleet maintenance or dismantling, rental or sales operations, or any other activity that generates scrap tires, whether or not organized for profit.
(17) REMEDIATION. This term is synonymous with cleanup.
(18) REPLACEMENT TIRE. Any pneumatic tire sold to the consumer regardless of whether or not mounted on a rim or wheel.
(19) RESPONSIBLE PARTY or PERSON RESPONSIBLE. With respect to the remediation of any accumulation of scrap tires on any property, a person who meets one or more of the following conditions:
a. A person who deposited the scrap tires on the property, if other than the person who holds title to or has a financial interest in the property.
b. A person who holds title to or has a financial interest in the property and who does not qualify as an innocent landowner.
(20) RETAIL TIRE DEALER. For purposes of this chapter, a retail tire dealer shall include any person selling replacement tires to the consumer, whether or not mounted on a rim.
(21) RETREADED CASING REPLACEMENT TIRE. Any retreaded casing sold to the consumer, regardless of whether or not mounted on a rim or wheel.
(22) RETREADER. Any person engaged in the retreading of used tires.
(23) SCRAP TIRE. Any pneumatic tire no longer suitable or useable for its original purpose and, in addition, includes, but is not limited to, all tires with a manufacturing defect, except those that are in the process of being returned to the manufacturer for a refund.
(24) SCRAP TIRE COMMISSION (STC). The commission established in this chapter.
(25) SCRAP TIRE ENVIRONMENTAL FEE. The fee established by this chapter, to be collected on the purchase of replacement tires.
(26) SCRAP TIRE FUND (STF). The separate fund established by this chapter.
(27) SCRAP TIRE STUDY COMMISSION (STSC). The commission created by Sections 22-40-1 to 22-40-11, inclusive.
(28) SOLID WASTES AND RECYCLABLE MATERIALS MANAGEMENT ACT. Chapter 27 of this title.
(29) THREAT. A condition creating a substantial probability of harm, where the probability and potential extent of harm makes it reasonably necessary to take immediate action to prevent, reduce, or mitigate damage to persons, property, the environment, natural resources, or the public health and safety.
(30) TIRE DEALER. Any person engaged in the sale of tires to the consumer, whether or not mounted on a rim or wheel.
(31) TIRE DERIVED FUEL (TDF). Any tire or processed tire material intended for use as fuel.
(32) UNAUTHORIZED DISPOSAL. For purposes of this chapter only, unauthorized disposal shall be the deposit, dumping, or placing of any tire, scrap tire, tire chips, tire shreds, or tire materials into or on any public or private land or water, without having a permit from the department.
(33) USED REPLACEMENT TIRE. Any pneumatic tire that is capable of reuse as a tire, directly or following repair, regrooving, or retread, excluding any processed tire material, end use product or by-product derived from scrap tires, that meets the following requirements:
a. If a tire is designed for highway use it must still have more than two thirty-seconds inch of tread.
b. The tire is stored in a rack or a stack, but not in a pile, in a manner consistent with National Fire Protection Association guidelines for tire storage, as well as vector control standards.
c. The tire is stored in a manner to allow inspection of each individual tire.