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July 07, 2003 02:00 AM

Alabama creates scrap tire fund, abatement rules

Miles Moore
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    The Alabama legislature has passed a sweeping scrap tire bill that establishes the state's first scrap tire fund and sets strict standards for tire storage and abatement.

    The Rubber Manufacturers Association, which worked closely with the Alabama Scrap Tire Study Commission to create and promote the legislation, heralded its June 11 passage.

    ``Alabama is taking an aggressive approach to managing their scrap tire issues,'' said John Falardeau, RMA state legislative manager.

    Under the bill's provisions, the state will not only create a uniform system for regulating scrap tires but also actively stimulate market development-a feature of major importance to the RMA.

    The legislation forbids anyone who is not a permitted processor from having more than 100 accumulated tires. It provides for two classes of scrap tire receivers. Class One receivers may have up to 1,500 tires on their property, although the state can allow higher numbers for used tire sellers.

    Class Two receivers may not have more than 300 tires, except for tire manufacturers that protect their tires from the elements.

    No one may keep scrap tires exposed to the elements for more than 30 days, and everyone who has accumulated tires must obey National Fire Protection Association guidelines for tire storage and vector control, according to the legislation.

    To pay for scrap tire cleanup and market development, the state will assess a $1 fee on every new and retreaded tire sold to consumers. Dealers will be required to remit the money to the Alabama Department of Revenue, keeping 5 cents on the dollar to cover costs associated with collection and payment.

    The law states that 45 percent to 75 percent of the collected fees must be used for scrap tire remediation. Not more than 20 percent is to be used to pay the Revenue Department's costs for developing and enforcing the regulations, and up to 20 percent may be used to promote and develop markets.

    Alabama is the second state in as many months to approve major scrap tire legislation. In May, the New York legislature passed a bill establishing a state scrap tire fund.

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