PETITION OF:

Section 1.
Whereas, Disposal of scrap tires is a national and a state problem; and
Whereas, In the Commonwealth of Massachusetts it is
estimated that there may be as many as 10 million scrap tires stockpiled throughout the Commonwealth; and
Whereas, It is estimated that there are six million scrap tires generated in the Commonwealth each year; and
Whereas, The scrap tire problem is exacerbated by the fact that tires do not decompose; and
Whereas,Whole scrap tires are already prohibited from being placed in landfills;
Whereas, Scrap tire stockpiles improperly managed pose a risk to public health and safety and constitute a perfect breeding ground for disease-carrying vectors, including encephalitis- carrying mosquitoes; and
Whereas, Improperly managed scrap tire stockpiles present fire hazards, and while tires are themselves not hazardous, when they burn they release hazardous substances, including known carcinogens such as bezo(a)pyrene and benzene, and oil that may contain heavy metals, including arsenic, cadmium, chromium, and lead; and
Whereas, The illegal stockpiling of scrap tires has resulted in criminal prosecutions brought by the Attorney General’s office and, due to the potential for the release of hazardous materials during fires at such stockpiles, abatement of such stockpiles has occurred through the use of funds normally intended for cleanup of hazardous waste under the state’s oil and hazardous materials release law, using funds normally intended for the cleanup of hazardous waste to abate tire dump sites; and
Whereas, The estimated cost of fighting fires at tire stock piles is significant, at one fire alone costs borne by the Commonwealth exceeded $300,000 and consumed 1,200 hours of supervision; and
Whereas, Estimated ratio of costs of firefighting and post-firefighting activities at tire stockpiles compared to normal stockpile abatement activities is 10 to one; and
Whereas, There are many existing and potential markets for whole and processed scrap tires including production of rubber-modified asphalt, rubber and plastic products, and use of tires for tire-derived fuel in power plants, cement kilns, pulp and paper plants,
It is hereby resolved, That in order to ensure the identification and efficient cleanup of the existing scrap tire stockpiles in the Commonwealth and to assure that the annual generation of scrap tires in the Commonwealth is collected, transported, stored, disposed, processed, and managed in a proper manner so as to prevent the health and safety problems described above, the General Court hereby establishes the Scrap Tire Abatement and Management Program.

SECTION 2. Definitions.
Section 2 of Chapter 21H of the General Laws, as appearing in the 2002 Official Edition, is hereby amended as follows:—
by inserting, in line 9, the words “a scrap tire stockpile abatement project or” after the words:— Clean up; and
by adding, in line 15, following the word “facility,” the words “or for the closure or abatement of a scrap tire stockpile or for the closure of a site or location owned or operated by a scrap tire collector”.
Section 2 of said Chapter 21H is further amended by inserting, after line 35, the following:—
“Energy recovery” means using the heat content or other forms of energy from the burning or pyrolysis of scrap tires.
“End use market” means any person that receives whole or shredded tire materials and utilizes the materials as a finished product or as a raw material for a manufacturing, retreading, or energy recovery process. The activity of processing, itself, is not an end market.
Section 2 of Chapter 21H is further amended by inserting, in line 39, as part of the definition for “facility,” the words “scrap tire stockpile” after the words “composting plant.”
Section 2 of said Chapter 21H is further amended by inserting, after line 42, the following:—
“New tire” means a tire that has never been placed on a motor vehicle wheel rim. The term does not include retreaded tires.
Section 2 of said Chapter 21H is further amended by inserting, in line 52, after the word “property,” the words “, and any stockpiling of scrap tires or shredded tire material.”
Section 2 of said Chapter 21H is further amended by inserting, after line 56, the following:—
“Recycling” means to recover materials or byproducts which are: (a) a reused; of (b) used as an ingredient or a feedstock in an industrial or manufacturing process to make a marketable product or (c) used in a particular function or application as an effective substitute for a commercial product or commodity. Recycle does not mean to recover energy from the combustion of a material.
“Retreaded tire” means a tire that has had its original tread and/or shoulder removed from the casing and replaced with a new tread and/or shoulder to extend its serviceable life. Once the serviceable life of the retreaded tire has been exhausted, the tire becomes a scrap tire.
“Scrap tire” means any whole tire or part of a tire that is no longer being used on a motor vehicle because of wear, damage or defect, whether or not the tire can be retreaded. This term includes retreaded tires that have exhausted their serviceable life.
“Scrap tire collector” means a person who possesses some quantity of scrap tires or shredded tire material, and includes scrap tire generators, transporters, processors, end use markets, and solid waste disposal facilities. This term does not include a person who has collected or stored at his or her place of residence five scrap tires or less nor does it include any person exempted by Department regulations under this Chapter.
“Scrap tire generator” means a person that removes a tire from a vehicle without reinstalling it on that or any other vehicle. This term includes persons who sell new tires at retail and persons who retread tires insofar as the person who retreads tires has on the premises or under his/her control any quantity of retreaded tires that have exhausted their serviceable life as a retreaded tire, or who have on their premises or under his/her control any quantity of other scrap tires. This term does not include to a person who has collected or stored at his or her place of residence five scrap tires or less.
“Scrap tire processor” means a person who alters, converts, or size-reduces scrap tires for recycling or energy recovery. This term does not include a person that retreads tires.
“Scrap tire stockpile” means any site or location that is used for the storage, collection, deposit, or disposal of scrap tires or shredded tire material not in conformity with the provisions of this Act or regulations promulgated under this Act. This term does not include tires located at a residential household as long as there are not more than five tires at that site.
“Scrap tire stockpile abatement” means preventive or corrective measures including, but not limited to, fire prevention or mosquito control measures, and/or removal, cleanup, or closure of scrap tire stockpiles and/or shredded tire materials not properly stored or managed for proper processing and/or disposal.
“Scrap tire transporter” means a person who transports scrap tires or shredded tire material for the purpose of storage, processing, disposal, or end use. This term does not include a person who transports from his or her place of residence not more than ten scrap tires to a registered transporter, registered processor, or to a location established by a town or municipality as part of a “scrap tire amnesty day” in accordance with paragraph (d) of Section 4D.
“Shredded tire material” means pieces of scrap tire resulting from the processing, cutting, or other size-reduction of scrap tires.

SECTION 3. Chapter 21H of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following sections between Sections 4 and 5:
Section 4A. Scrap Tire Management Program.
To bring about the abatement of scrap tire stockpiles and the proper management of scrap tire generation, the Bureau of Waste Prevention of the Department shall create a Scrap Tire Management Program, to be controlled by the Division of Solid Waste. The Department shall adopt rules, regulations, procedures and standards as may be necessary for the implementation of this program.
In creating and implementing the Scrap Tire Management Program, the Department shall consider whether scrap tires and shredded tire material may be used in energy recovery facilities within the Commonwealth in a manner protective of public health, safety, and the environment and, if so, shall adopt rules, regulations, procedures and standards regarding such use.
Section 4B. Identification of Scrap Tire Stockpiles.
Within twelve months of the enactment of this Act,
the Department will conduct a study and prepare a list based upon the study identifying existing scrap tire stockpiles in the Commonwealth. The Department must include in its list the location of the stockpiles; name(s), addresses, telephone numbers of owner/operators of stockpiles; estimated number of scrap tires in each stockpile; and general condition of the stockpiles.
The Department must make the list available to the public upon request.
The Department must also rank each identified scrap tire stockpile in terms of the priority it should receive in carrying out enforcement activities under this Act and other applicable laws of the Commonwealth. The following criteria, at a minimum, will be used in determining rank and priority status for scrap tire stockpiles: number of tires in stockpile; threat posed by potential fires; health risks posed by stockpile; complaints brought to the attention of the Department concerning a stockpile; enforcement actions brought against or to be brought against operator/owner of stockpile; willingness of owner/operator of stockpile and/or local authorities to expedite abatement activities at stockpile; and proximity of stockpile to populated areas and density of populations.
Section 4C. Scrap Tire Management Fee.
(a) Beginning six months after the effective date of this Chapter, for any new tire sold at retail, the retailer shall pay the following fee:
(1) any new tire having a rim diameter of 20 inches or greater, a fee of $3.00 must be paid,
(2) for any new tire having a rim diameter less than 20 inches, a fee of $1.50 must be paid.
(b) All fees to be paid in accordance with subsection (a) of this section, shall be submitted in accordance with section sixteen of chapter sixty-two C of the General Laws, as appearing in the 1998 Official Edition, such fees to be accounted for separately from sales tax proceeds. Fees paid in accordance with this section shall be paid into the Scrap Tire Management Fund established under Section 4D of this Chapter. The fees shall be collected in accordance with regulations developed under this Chapter.
(c) Each person who sells new tires at retail and who must pay fees in accordance with this section must maintain in his or her books and records evidence that the appropriate fee was paid for each new tire sold. All records, invoices, and other documents showing the number of new tires sold by such person and payment of the required fee must be made available for inspection by the Department of Environmental Protection and the Department of Revenue.
(d) The requirement that this fee be paid will terminate ten years from the enactment of this Act, unless legislation is passed extending the fee payment period.
Section 4D. Scrap Tire Management Fund.
The Scrap Tire Management Fund shall be used for the following purposes:
(a) scrap tire stockpile abatement performed or authorized by the Department (no less than 60% of the amounts credited to the Fund must be used for scrap tire stockpile abatement, provided that when and if 50% of the stockpiles are abated, only 30% of the amounts credited to the fund must be used for scrap tire stockpile abatement);
(b) low interest loans and grants to support business endeavors, including but not limited to, research and development projects regarding the generation, reuse, recycling or disposal of scrap tires, provided that no low interest loans or grants may be provided for any business endeavors involving combustion of scrap tires for energy recovery;
(c) development and distribution of educational materials on the scrap tire problem in the Commonwealth, the importance of reuse and recycling of scrap tires, and the purpose and structure of the scrap tire management program;
(d) preparation of guidance and information for towns and municipalities in the Commonwealth concerning the establishment of “scrap tire amnesty days” whereby residents may bring up to five scrap tires per person to a designated location within the town or municipality to be picked up by a registered scrap tire transporter for delivery to a registered processor in accordance with this Chapter;
(e) additional Department personnel needed to implement, enforce and operate the scrap tire management program, including conducting of a study of the effectiveness and details concerning the program;
(f) establishment of a grant program to be administered by the state fire marshal to provide funds to local fire departments for the purchase of firefighting suppression equipment and supplies to mitigate fires at tire stockpiles (this amount will not exceed $50,000 per year) and to the department of fire services to develop and administer fire training programs for participation by local fire departments specific to tire stockpile fires (not to exceed $25,000 per year); and
(g) an audit performed once every two years by an independent accounting firm to ensure that the allocation decisions and the uses of Fund monies by recipients are consistent with the purposes of this Chapter.
Section 4E. Scrap Tire Generators.
Each person who sells or offers for sale new tires at retail or retreaded tires at retail must accept from each customer at least one scrap tire for each one sold by such person to the customer.
Section 4F. Scrap Tire Management Tracking Form.
The Department must develop a Scrap Tire Management Tracking Form (“tracking form”). The tracking form must include space to record at least the following information:
(i) name, address, telephone number, and signature of the scrap tire generator;
(ii) name, address, telephone number, and signature of the scrap tire transporter;
(iii) name, address, telephone number, and signature of the scrap tire processor, end use market, or permitted disposal facility; and
(iv) the number or total weight of scrap tires being transferred for collection, storage, transportation, processing, or disposal.
Section 4G. Scrap Tire Transporter.
(a) Registration.
Within twelve months of the effective date of this Act, each scrap tire transporter must register with the Department on a registration form to be developed and made available to transporters by the Department. The registration form shall include information on transporter and transporter vehicles. The Department shall require a registration fee to cover the costs of administering and determining compliance with this section. The transporter must also secure and maintain liability coverage pertaining to scrap tire and shredded scrap tire transportation. Such registration shall be subject to suspension and revocation for failure to comply with any provision of this Chapter.
(b) Scrap Tire Management Tracking Form.
A scrap tire transporter that accepts scrap tires from a scrap tire generator or shredded tire material from a scrap tire processor must provide said generator/processor with a copy of the tracking form required under Section 4F. The fees collected under this Section shall be paid into the Scrap Tire Management Fund established under Section 4D of this Chapter. The tracking form must be signed and completed by both the transporter and the generator/ processor. The tracking form must be signed and completed before the scrap tires or shredded tire materials are removed. Within 30 business days of delivery to the transporter of the scrap tires or shredded tire materials, the transporter must provide a copy of the tracking form, signed and completed by such processor, end use market, or solid waste management facility to all signatories of said form. All signatories must maintain a copy of the tracking form for a period of six years from the date of completion and make them available to the Department of Environment and the Department of Revenue upon request.
Section 4H. Scrap Tire Processors.
(a) Notwithstanding any other permits or licenses required under this Act or other laws of the Commonwealth, within twelve months of the effective date of this Act, each scrap tire processor in the Commonwealth must register with the Department. The Department shall charge a fee for such registration to cover the cost of registration review and determination of compliance with this Act. The fees collected under this Section shall be paid into the Scrap Tire Management Fund established under Section 4D of this Chapter.
The registration must contain, at a minimum, the following: the name and address of the owner and/or operator of the business; the name and address of the business; a description of the type of scrap tire processing business being operated or to be operated at the described location; and the number of scrap tires processed or likely to be processed annually, including the number of scrap tires generated in the Commonwealth and the number of scrap tires that will be accepted from outside of the Commonwealth, if any. Such registration shall be subject to suspension and revocation for failure to comply with any provision of this Chapter.
(b) The Department shall also promulgate regulations concerning recordkeeping that would enable a processor who so chooses to qualify as eligible for the mandatory procurement specifications described in paragraph (f) of section 4L. Such recordkeeping requirements must, if complied with, enable a processor to demonstrate to the Department that at least 10 percent of the scrap tires processed on an annual basis by the processor are derived from scrap tire stockpiles identified under section 4B of this Chapter. The recordkeeping provisions developed under this section must require, at a minimum, that information on the number of tires derived from a stockpile or stockpiles be recorded, specifically identifying the stockpile(s) and date(s) on which the scrap tires from such stockpile(s) were derived, and the number of scrap tires derived from sources other than scrap tire stockpiles.
(c) A scrap tire processor must sign and maintain a properly completed copy of the scrap tire management tracking form,
as required by Section 4F of this Act, for each shipment or delivery of scrap tires by a scrap tire transporter. A processor must make each scrap tire management form available to the Department for inspection upon request.
(d) The Department, by regulation, shall require a scrap tire processor, as a condition of registration, to accept up to 10 scrap tires from a person who is a resident of the Commonwealth and who has collected or stored at his or her place of residence 10 tires or less and who delivers or causes to be delivered such scrap tires to such registered processor or to a registered transporter transporting scrap tires for a registered processor in accordance with a “scrap tire amnesty day” established by a city or town in the Commonwealth pursuant to paragraph (e) of Section 4D of this Chapter. Such scrap tire processors must maintain a log, with name, signature, address of resident delivering scrap tires, and the number of scrap tires and date of delivery of such scrap tires to such processor. Said log of residential scrap tires delivered to scrap tire processor must be maintained by scrap tire processor for a period of six years from date of delivery of scrap tires and must be made available to the Department for inspection upon request.
Section 4I. Storage, Management, and Disposal of Scrap Tires.
Within twelve months of the effective date of this Act, the Department shall promulgate regulations prescribing the standards for the storage, management, and disposal of scrap tires. Regulations pertaining to storage, management, and disposal of scrap tires by scrap tire collectors must include, at minimum, the following:
(a) criteria for minimizing the danger of fires, including dimensions for piling tires and minimum aisle spacing;
(b) vector and nuisance control plan;
(c) recordkeeping and reporting;
(d) security of disposal facility;
(e) indoor and outdoor scrap tire storage requirements;
(f) financial assurance criteria, as required by Section 4K of this Act; and
(g) closure plans, as required by Section 4K of this Act.
In order to ensure that regulations developed under this section minimize the danger of fires, the Department shall consult with and obtain the approval of the state fire marshal.
Section 4J. Collection, transportation, storage, etc., of scrap tires; prohibited acts.
No person shall sell, collect, transport, store, process, or dispose of scrap tires in a manner inconsistent with any provision of this chapter, or of any rule, regulation, standard, license, permit, order, or approval issued or adopted hereunder.
No scrap tire collector or person who otherwise comes into possession of scrap tires shall transfer custody or possession of such tires to any other person without signing a Scrap Tire Management Tracking Form in accordance with Section 4F; provided, however, that the Department, by regulation, may exempt from this prohibition the transfer of up to five scrap tires by a person who is a resident of the Commonwealth and who transfers custody of such scrap tires to a scrap tire transporter, registered in accordance with section 4G of this chapter, as part of a “scrap tire amnesty day” established by a town or city in the Commonwealth pursuant to paragraph (d) of section 4D of this Chapter.
No scrap tire collector or person who otherwise comes into possession of scrap tires or shredded tire material shall transfer custody or possession of such scrap tires or shredded tire materials to any scrap tire transporter or scrap tire processor who does not have a valid registration issued pursuant to this Chapter.
No scrap tire transporter shall transport scrap tires or shredded tire material to any person other than a scrap tire processor, end use market, solid waste disposal facility that is operating in accordance with Section 4I of this chapter, or to a location designated for the purpose of a “scrap tire amnesty day” in accordance with paragraph (d), Section 4D, and regulations issued or adopted hereunder.
No scrap tire processor shall accept scrap tires or shredded tire material from any person other than a scrap tire transporter registered in accordance with section 4G of this Chapter.
No person shall act in the capacity of, or advertise as, or assume to act as a scrap tire transporter or processor unless such person is in possession of a valid scrap tire transporter or processor registration issued pursuant to this chapter.
Section 4K. Financial Assurance and Closure.
(a) Within 12 months of the effective date of this Act, the Department shall promulgate regulations requiring that scrap tire collectors and the owners and/or operators of scrap tire stockpiles, except as may be specifically exempted by the Department in such regulations, submit plans to be followed in the event of any necessary closure of scrap tire stockpiles or any sites or locations where scrap tires are located. Regulations shall address the requirements of closure and post-closure plans. Such plans must be submitted by subject scrap tire collectors and be approved by the Department. Such plans must be developed and submitted to the Department by scrap tire collectors as well as by owners and/or operators of scrap tire stockpiles.
(b) Within 12 months of the effective date of this Act, the Department shall promulgate regulations requiring a scrap tire collector to establish or obtain, and continuously maintain, financial assurance that is adequate to assure the Department that the scrap tire collector is at all times financially capable of complying with this Act and the regulations promulgated under it. The financial assurance required under this Act shall be no less than the estimated cost of closure and post-closure activities with respect to the scrap tires under the control or in the possession of the scrap tire collector.
Section 4L. Encouraging the Reuse, Processing, Recycling,
and Retreading of Scrap Tires, and the Purchase of Retreaded Scrap Tires and/or Products Made From Whole or Processed Scrap Tires.
Within twelve months of the effective date of this Act, the Department, as part of the Scrap Tire Management Program, will establish a program to encourage the processing and reuse of scrap tires, the retreading of tires, development of end use markets for scrap tires in the Commonwealth and the purchase by the Commonwealth and its political subdivisions of products made from recycled and/or whole scrap tires and retreaded tires. The program must include at a minimum:
(a) a list of scrap tire processors in the Commonwealth;
(b) developing, updating, and making available upon request to government agencies and the public, a list of tire retreaders and suppliers of products made from whole and processed scrap tires, including information on the types of products made by such suppliers and the addresses and telephone numbers of such retreaders and suppliers;
(c) a program to provide low interest loans and grants to support business endeavors involving reuse and/or processing of scrap tires or the manufacturing of products made with scrap tire content;
(d) updating the “Recycling Services Directory and Market Guides for Massachusetts” and other pertinent documents and publications concerning recycling to include scrap tire recycling and scrap tire services in the Commonwealth;
(e) the establishment by the Commonwealth of a preventive maintenance program for state vehicles to extend the life of tires, the program shall include training materials related to extending tire life and methods for proper tire repair; and
(f) coordinating with other departments and agencies of the Commonwealth, providing specific guidance to the Massachusetts Highway Department, concerning the development of procurement specifications encouraging the use of whole and/or processed scrap tires, retreaded tires, and products made from whole or processed scrap tires. The procurement specifications shall include a preference for the use of whole and/or processed scrap tires, retreaded tires, and products made from whole or processed scrap tires where such scrap tires, retreaded tires, or products cost no more than 10 percent above the cost of alternatives to the use of scrap tires, retreaded tires, or products not made from whole or processed scrap tires, provided that five years after the enactment date of this Chapter, in order for the preference to apply, the cost differential may not be more than five percent. Additionally, for agencies and departments of the Commonwealth, but not for cities and/or towns in the Commonwealth, the procurement specifications shall mandate — rather than create a preference for — the use of processed scrap tires and/or products made from whole or processed scrap tires, where the processor can demonstrate through recordkeeping in accordance with regulations to be developed by the Department under paragraph (b) of section 4H that at least 10% of the scrap tires recycled or processed by the processor have been obtained from stockpiles identified and listed by the Department under 4B, provided that such products cost no more than 10% above the cost of comparable products made without the use of recycled or processed scrap tires. This paragraph of Section 4L shall apply notwithstanding any contrary provisions of the GL Chapter 30B and any other law governing procurement.