REPORT TITLE: 
Auto tire surcharge


DESCRIPTION:
Imposes $1 surcharge on all imported tires to be used for tire
management, collection, disposal, recycling, marketing, reuse,
and illegal dumping programs.  Requires all entities accepting
used tires to maintain records regarding the collection and
disposal of the tires.  (SB2879 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2879
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO MOTOR VEHICLE TIRES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 342I, Hawaii Revised Statutes, is
 
 2 amended by adding eleven new sections to part II to be
 
 3 appropriately designated and to read as follows:
 
 4      "§342I-A  Registration and record keeping requirements.  (a)
 
 5 All facilities that accept used tires, including but not limited
 
 6 to tire retailers, wholesalers, transporters, collectors, and
 
 7 recyclers, shall maintain, for a minimum of three years, records
 
 8 that provide, at least, the following information:
 
 9      (1)  The name, phone number, and address of the person,
 
10           company, business, source, or entity from whom the used
 
11           tires were received, if receiving used tires from
 
12           entities other than the general public, such as tire
 
13           retailers, wholesalers, transporters, collectors, and
 
14           recyclers;
 
15      (2)  The date of receipt of the used tires;
 
16      (3)  The quantity of used tires received; and
 
17      (4)  The record of shipment indicating:
 
18           (A)  The ultimate destination of the used tires;
 
19           (B)  The identification of the transporter;
 
20           (C)  The date of shipment; and
 

 
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 1           (D)  The quantity of tires shipped.
 
 2 Permitted municipal solid waste disposal facilities, including
 
 3 incineration facilities that receive used tires incidental to the
 
 4 disposal of municipal solid waste, shall be exempt from the
 
 5 recordkeeping requirements of this section.
 
 6      (b)  A summary of the information maintained under
 
 7 subsection (a) shall be submitted to the department by July 31 of
 
 8 each year, listing the total quantity of used tires collected and
 
 9 the ultimate disposition of the used tires.
 
10      (c)  By September 1, 2000, all motor vehicle tire importers
 
11 operating within the state shall register with the department,
 
12 using forms prescribed by the department, and shall notify the
 
13 department of any change in address.  After September 1, 2000,
 
14 any person who desires to conduct business in this state as a
 
15 motor vehicle importer shall register with the department no
 
16 later than one month prior to the commencement of the business.
 
17      (d)  All motor vehicle tire importers shall maintain records
 
18 reflecting the importation of tires.  The records shall be made
 
19 available, upon request, for inspection by the department.
 
20      §342I-B  Motor vehicle tire surcharge.  There is established
 
21 a motor vehicle tire surcharge on tires imported into the state
 
22 after September 30, 2000, and before January 1, 2006.  The motor
 
23 vehicle tire surcharge shall be $1 per tire imported into the
 

 
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 1 state, and shall include those tires imported on motor vehicles,
 
 2 and its associated spare tire.  The surcharge shall be paid by
 
 3 the person or entity who imports the vehicle tire, including
 
 4 importers of motor vehicles.
 
 5      §342I-C  Tire inventory records and payment.  (a)  Payment
 
 6 of the motor vehicle tire surcharge shall be made quarterly based
 
 7 on inventory records of the motor vehicle tire importers, except
 
 8 for those importers subject to subsection (c) or (d).  The dates,
 
 9 September 30, December 31, March 31, and June 30, represent the
 
10 end of each quarter period.  All motor vehicle tire importers
 
11 shall submit to the department documentation in sufficient detail
 
12 that identifies the number of tires imported to the state, during
 
13 the previous quarter.
 
14      (b)  The amount due from tire importers for the quarter
 
15 shall be equal to the number of tires provided in subsection (a)
 
16 multiplied by the motor vehicle tire surcharge of $1.  Payment
 
17 shall be made by check or money order payable to the "Department
 
18 of Health, State of Hawaii," and deposited in the environmental
 
19 management special fund as described in section 342I-D.  All
 
20 subsequent inventory reports and payments shall be made no later
 
21 than the last day of the month following the end of the previous
 
22 calendar quarter, except for those importers subject to
 
23 subsection (d).
 

 
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 1      (c)  A motor vehicle tire importer who imports fewer than
 
 2 fifty tires within a one-year period shall be exempt from payment
 
 3 of the surcharge.
 
 4      (d)  A motor vehicle tire importer who imports fifty or more
 
 5 tires, but fewer than or equal to two hundred tires, shall be
 
 6 permitted to provide a report and payment of the surcharge
 
 7 annually, with year ending December 31, rather than quarterly.
 
 8      §342I-D  Deposit into environmental management special fund.
 
 9 The surcharge collected pursuant to this part shall be deposited
 
10 into a special account in the environmental management special
 
11 fund established by section 342G-63.  All interest earned or
 
12 accrued on moneys deposited in the fund pursuant to this section
 
13 shall become part of the account. Moneys from this special
 
14 account may be used by the department to:
 
15      (1)  Support permitting, monitoring, and enforcement
 
16           activities, including personnel costs regarding used
 
17           tire management, collection, recycling, and disposal
 
18           facilities;
 
19      (2)  Promote improved market development and reuse
 
20           opportunities for recovered motor vehicle tires;
 
21      (3)  Promote tire recovery, recycling, and reuse in the
 
22           State through education, research, and demonstration
 
23           projects;
 

 
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 1      (4)  Implement the surcharge program under this part;
 
 2      (5)  Support programs to prevent illegal dumping; and
 
 3      (6)  Cleanup improper tire disposal sites including
 
 4           conducting related environmental assessments and
 
 5           remediation.
 
 6      §342I-E  Recovery of costs.  (a)  Any costs incurred and
 
 7 payable from the fund as a result of tire cleanups and associated
 
 8 environmental assessments and remediation, shall be recovered by
 
 9 the attorney general, upon the request of the department, from
 
10 the liable person or persons.  The amount of any costs that may
 
11 be recovered pursuant to this section for a tire cleanup and
 
12 associated assessment and remedial action paid from the fund
 
13 shall include the amount paid from the fund and legal interest.
 
14      (b)  Moneys recovered by the attorney general pursuant to
 
15 this section shall be deposited into the special account of the
 
16 environment management special fund.
 
17      (c)  Any action for recovery of response costs shall
 
18 commence within two years after the date of completion of all
 
19 response actions.
 
20      §342I-F  Liability.  Notwithstanding any other provision or
 
21 rule of law, in the event an illegal disposal or associated
 
22 release, or a threatened release occurs that causes the
 
23 incurrence of response costs:
 

 
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 1      (1)  The owner, operator, or both, of a facility;
 
 2      (2)  Any person who at the time of disposal of any tires
 
 3           owned or operated any facility at which such tires were
 
 4           disposed;
 
 5      (3)  Any person who by contract, agreement, or otherwise
 
 6           arranged for disposal or recycling, or arranged with a
 
 7           transporter for transport for disposal or recycling, of
 
 8           tires owned or possessed by the person, by any other
 
 9           party or entity, at any facility owned or operated by
 
10           another party or entity and containing the tires; and
 
11      (4)  Any person who accepts or accepted any tires for
 
12           transport to disposal or recycling facilities or sites
 
13           selected by the person,
 
14 shall be strictly liable for all costs of removal, environmental
 
15 assessment, or remedial actions incurred by the State or any
 
16 other person to the extent that the costs and actions are
 
17 consistent with this part.
 
18      §342I-G  Contract for administrative services.  The
 
19 department may contract the services of a third party to
 
20 administer the motor vehicle tire program under this part.
 
21      §342I-H  Entry and inspection of facilities.  The department
 
22 or other authorized party may enter and inspect any building or
 
23 place, according to law at a reasonable time, for the purpose of:
 

 
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 1      (1)  Investigating an actual or suspected violation of this
 
 2           part;
 
 3      (2)  Conducting reasonable tests;
 
 4      (3)  Taking samples; and
 
 5      (4)  Reviewing and copying records.
 
 6      §342I-I  Enforcement.  The department of health shall
 
 7 enforce this part.  Authorized employees of the department may
 
 8 issue warnings, citations, administrative orders, or commence
 
 9 civil action in circuit court to persons who fail to comply with
 
10 the requirements of this part.
 
11      §342I-J  Penalties.  (a)  For each violation of this part, a
 
12 violator shall be subject to penalties of not more than $10,000
 
13 for each separate offense.  However, the failure to post the
 
14 notice required under section 342I-23, following a warning issued
 
15 by an authorized employee of the department, shall be subject to
 
16 a fine of $1,000 for each separate offense.  Each day of each
 
17 violation shall constitute a separate offense.  The fines imposed
 
18 pursuant to this section shall be cumulative.
 
19      (b)  Remedies shall be by citations, by civil action, or as
 
20 provided under sections 342H-10 and 342H-11.
 
21      §342I-K  Disposition of collected fines and penalties.
 
22 Fines and penalties collected under this part shall be deposited
 

 
 
 
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 1 into the environmental response revolving fund, established by
 
 2 section 128D-2."
 
 3      SECTION 2.  Section 342I-21, Hawaii Revised Statutes, is
 
 4 amended by adding three new definitions to be appropriately
 
 5 inserted and to read as follows:
 
 6      ""Facility" means all contiguous land, including buffer
 
 7 zones and structures or other appurtenances and improvements on
 
 8 the land, used for the handling of used tires.
 
 9      "Import" means to buy, bring, or accept delivery of tires
 
10 from an address, supplier, or any entity outside of the State of
 
11 Hawaii, into the State of Hawaii, including the tires on motor
 
12 vehicles brought into the state.
 
13      "Importer" means any person or entity who imports tires,
 
14 including tires on motor vehicles imported into the state."
 
15      SECTION 3.  In codifying the new sections added to part II
 
16 of chapter 342I, Hawaii Revised Statues, by section 1 of this
 
17 Act, the revisor of statutes shall substitute appropriate section
 
18 numbers for the letters used in the designation of the new
 
19 sections in this Act.
 
20      SECTION 4.  New statutory material is underscored.
 
21      SECTION 5.  This Act shall take effect on July 1, 2000.