(1) There is hereby created in the state treasury the waste tire administration, enforcement, market development, and cleanup fund, referred to in this section as the "fund", consisting of the fee revenue credited pursuant to section 30-20-1403 and any other money appropriated to it. The general assembly shall annually appropriate the money in the fund to the department for its direct and indirect administrative and enforcement costs in administering and enforcing this part 14. The state treasurer shall credit all interest earned on the investment of money in the fund to the fund. Any unexpended and unencumbered money in the fund in excess of sixteen and one-half percent of the previous fiscal year's expenditures at the end of any fiscal year shall be credited:
Through December 31, 2025, to the end users fund created in section 30-20-1405;and
On and after January 1, 2026, to the general fund.
(2) The department shall use the money in the fund for:
Collecting the fee assessed in section 30-20-1403 (1);
Inspecting retailers to determine whether all fees are being collected;
Enforcing the requirements of this part 14 pursuant to existing authority, includingsections 30-20-113 and 30-20-114;
Developing a system to address the receipt by registered persons of unmanifestedwaste tires from unregistered haulers; (e) Repealed.
Hiring a contractor to clean up waste tires and tire-derived product that have beenillegally disposed of or have been disposed of at a landfill pursuant to section 30-20-1009 (2) and funding a grant program to reimburse local governing authorities for cleaning up waste tires and tire-derived products that have been illegally disposed of or have been disposed of at a landfill pursuant to section 30-20-1009 (2);
Financing one-time or occasional community cleanup events where waste tires areaccepted for drop-off by persons not engaged in commercial or industrial activity and where, at the conclusion of the event, the waste tires are either picked up by a registered waste tire hauler or transported to a registered waste tire hauler or to any registered facility;
Training and hiring contractors to provide training in the implementation of this part14;
Providing grants to law enforcement, fire departments, local health departments, stateagencies, and any other applicable entities for purchasing equipment and supplies to implement this part 14;
Training of and enforcement by entities that enforce this part 14;
Awarding grants and developing educational programs for enforcement, fire prevention and suppression, proper waste tire management and disposal, training, and customer technical assistance;
Maintaining an online complaint form and processes for law enforcement, fire departments, and citizens to report potential waste tire violations;
In conjunction with the division of fire prevention and control in the department ofpublic safety, developing a model fire prevention, training, and firefighting plan, hiring a consultant to assist in developing the plan, and reimbursing the division of fire prevention and control for its time spent assisting the department in implementing this subsection (2)(m); and (n) Repealed.
(o) Encouraging waste tire market development.
If the department is denied access or if consent to access has not been given to cleanup a site where the department reasonably believes waste tires exist illegally, the department may obtain from the district court for the judicial district in which the property is located a warrant to enter the property and remove the waste tires.
(a) In addition to any penalties assessed, the department may issue an order requiring the owner or operator to compensate the department for the cost of remediation of the site, and the department may request the attorney general to bring suit for compensation from the owner or operator for money expended remediating the site. The department shall use the recovered moneys to reimburse the fund for actual costs of remediating the site and of seeking compensation pursuant to this section. The state treasurer shall credit all additional moneys to the general fund.
(b) The department may place a lien on a property on which the department funds the remediation of waste tires pursuant to this section until the costs of remediation have been repaid to the department. If complete repayment has not been made before a sale of the property, the department shall be repaid in full, to the extent possible, from proceeds of the sale.
(5) (a) In providing assistance pursuant to this section, the department shall give primary consideration to protection of public health and the environment.
(b) In awarding contracts for services pursuant to this section, the department may give preferential bidding treatment to individuals or entities that will recycle, pursuant to rules of the department concerning recycling, and reuse, rather than dispose of, the waste tires.
The department shall, either itself or through a contractor, create a priority abatementlist of illegal waste tire disposal sites.
The department and the department of transportation shall coordinate with one another to systematically investigate and research the use of tire-derived aggregates in technically feasible and economically viable civil applications associated with the department of transportation's roadway mission. The department shall include any findings regarding tirederived aggregates, as appropriate, in the department's annual report to the general assembly.
Notwithstanding any other provision of this section, on June 30, 2020, the state treasurer shall transfer five million three hundred seventy-two thousand four hundred fifteen dollars from the fund to the general fund.
Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1580, § 1, effective July 1. L. 2019: (1), IP(2), (2)(l), and (2)(m) amended and (2)(o) added, (SB 19-198), ch. 402, p. 3560, § 3, effective August 2. L. 2020: (8) added, (HB 20-1406), ch. 178, p. 814, § 18, effective June 29.
Editor's note: (1) Subsection (2)(n)(II) provided for the repeal of paragraph (n), effective September 1, 2015. (See L. 2014, p. 1580.)
(2) Subection (2)(e)(II) provided for the repeal of subsection (2)(e), effective September 1, 2017. (See L. 2014, p. 1580.)