260.270. Scrap tires, prohibited activities--penalties--site owners, no new scrap tire sites permitted, when, exception--registration required, duty to inform department, contents--rules and regulatio
Scrap tires, prohibited activities--penalties--site owners, no newscrap tire sites permitted, when, exception--registration required,duty to inform department, contents--rules and regulations--permitfees--duties of department--inventory of processed scrap tires not toexceed limitation--auto dismantler, limited storage of tiresallowed--recovered rubber, use by transportation department, how.
260.270. 1. (1) It shall be unlawful for any person to haul forcommercial profit, collect, process, or dispose of scrap tires in the stateexcept as provided in this section. This section shall not be construed toprohibit scrap tires from being hauled to a lawfully operated facility inanother state. Scrap tires shall be collected at a scrap tire site, scraptire processing facility, scrap tire end-user facility, or a scrap tirecollection center. A violation of this subdivision shall be a class Cmisdemeanor for the first violation. A second and each subsequentviolation shall be a class A misdemeanor. A third and each subsequentviolation, in addition to other penalties authorized by law, may bepunishable by a fine not to exceed five thousand dollars and restitutionmay be ordered by the court.
(2) A person shall not maintain a scrap tire site unless the site ispermitted by the department of natural resources for the proper andtemporary storage of scrap tires or the site is an integral part of theperson's permitted scrap tire processing facility or registered scrap tireend-user facility. No new scrap tire sites shall be permitted by thedepartment after August 28, 1997, unless they are located at permittedscrap tire processing facilities or registered scrap tire end-userfacilities. A person who maintained a scrap tire site on or before August28, 1997, shall not accept any quantity of additional scrap tires at suchsite after August 28, 1997, unless the site is an integral part of theperson's scrap tire processing or end-user facility, or unless the personwho maintains such site can verify that a quantity of scrap tires at leastequal to the number of additional scrap tires received was shipped to ascrap tire processing or end-user facility within thirty days after receiptof such additional scrap tires.
(3) A person shall not operate a scrap tire processing facilityunless the facility is permitted by the department. A person shall notmaintain a scrap tire end-user facility unless the facility is registeredby the department. The inventory of unprocessed scrap tires on thepremises of a scrap tire processing or end-user facility shall not exceedthe estimated inventory that can be processed or used in six months ofnormal and continuous operation. This estimate shall be based on thevolume of tires processed or used by the facility in the last year or themanufacturer's estimated capacity of the processing or end-user equipment.This estimate may be increased from time to time when new equipment isobtained by the owner of the facility, and shall be reduced if equipmentused previously is removed from active use. The inventory of processedscrap tires on the premises of a scrap tire processing or end-user facilityshall not exceed two times the permitted inventory of an equivalent volumeof unprocessed scrap tires.
(4) Any person selling new, used, or remanufactured tires at retailshall accept, at the point of transfer, in a quantity equal to the numberof tires sold, scrap tires from customers, if offered by such customers.Any person accepting scrap tires may charge a reasonable fee reflecting thecost of proper management of any scrap tires accepted; and which tire isrequired to be accepted on a one-for-one basis at the time of a retail salepursuant to this subdivision. All tire retailers or other businesses thatgenerate scrap tires shall use a scrap tire hauler permitted by thedepartment, except that businesses that generate or accept scrap tires inthe normal course of business may haul such scrap tires without a permit,if such hauling is performed without any consideration and such businessmaintains records on the scrap tires hauled as required by sections 260.270to 260.276. Retailers shall not be liable for illegal disposal of scraptires after such scrap tires are delivered to a scrap tire hauler, scraptire collection center, scrap tire site, scrap tire processing facility orscrap tire end-user facility if such entity is permitted by the departmentof natural resources.
(5) It shall be unlawful for any person to transport scrap tires forconsideration within the state without a permit.
(6) Scrap tires may not be deposited in a landfill unless the tireshave been cut, chipped or shredded.
2. Within six months after August 28, 1990, owners and operators ofany scrap tire site shall provide the department of natural resources withinformation concerning the site's location, size, and approximate number ofscrap tires that have been accumulated at the site and shall initiate stepsto comply with sections 260.270 to 260.276.
3. The department of natural resources shall promulgate rules andregulations pertaining to collection, storage and processing andtransportation of scrap tires and such rules and regulations shall include:
(1) Methods of collection, storage and processing of scrap tires.Such methods shall consider the general location of scrap tires beingstored with regard to property boundaries and buildings, pest control,accessibility by fire-fighting equipment, and other considerations as theyrelate to public health and safety;
(2) Procedures for permit application and permit fees for scrap tiresites and commercial scrap tire haulers, and by January 1, 1996, proceduresfor permitting of scrap tire processing facilities and registration ofscrap tire end-user facilities. The only purpose of such registrationshall be to provide information for the documentation of scrap tirehandling as described in subdivision (5) of this subsection, andregistration shall not impose any additional requirements on the owner of ascrap tire end-user facility;
(3) Requirements for performance bonds or other forms of financialassurance for scrap tire sites, scrap tire end-user facilities, and scraptire processing facilities;
(4) Exemptions from the requirements of sections 260.270 to 260.276;and
(5) By January 1, 1996, requirements for record-keeping proceduresfor retailers and other businesses that generate scrap tires, scrap tirehaulers, scrap tire collection centers, scrap tire sites, scrap tireprocessing facilities, and scrap tire end-user facilities. Required recordkeeping shall include the source and number or weight of tires received andthe destination and number of tires or weight of tires or tire piecesshipped or otherwise disposed of and such records shall be maintained forat least three years following the end of the calendar year of suchactivity. Detailed record keeping shall not be required where anycharitable, fraternal, or other nonprofit organization conducts a programwhich results in the voluntary cleanup of land or water resources or theturning in of scrap tires.
4. Permit fees for scrap tire sites and commercial scrap tire haulersshall be established by rule and shall not exceed the cost of administeringsections 260.270 to 260.275. Permit fees shall be deposited into anappropriate subaccount of the solid scrap management fund.
5. The department shall:
(1) Encourage the voluntary establishment of scrap tire collectioncenters at retail tire selling businesses and scrap tire processingfacilities; and
(2) Investigate, locate and document existing sites where tires havebeen or currently are being accumulated, and initiate efforts to bringthese sites into compliance with rules and regulations promulgated pursuantto the provisions of sections 260.270 to 260.276.
6. Any person licensed as an auto dismantler and salvage dealer underchapter 301, RSMo, may without further license, permit or payment of fee,store but shall not bury on his property, up to five hundred scrap tiresthat have been chipped, cut or shredded, if such tires are only fromvehicles acquired by him, and such tires are stored in accordance with therules and regulations adopted by the department pursuant to this section.Any tire retailer or wholesaler may hold more than five hundred scrap tiresfor a period not to exceed thirty days without being permitted as a scraptire site, if such tires are stored in a manner which protects human healthand the environment pursuant to regulations adopted by the department.
7. Notwithstanding any other provisions of sections 260.270 to260.276, a person who leases or owns real property may use scrap tires forsoil erosion abatement and drainage purposes in accordance with proceduresapproved by the department, or to secure covers over silage, hay, straw oragricultural products.
8. The department of transportation shall, beginning July 1, 1991,undertake, as part of its currently scheduled highway improvement projects,demonstration projects using recovered rubber from scrap tires as surfacingmaterial, structural material, subbase material and fill, consistent withstandard engineering practices. The department shall evaluate the efficacyof using recovered rubber in highway improvements, and shall encourage themodification of road construction specifications, when possible, for theuse of recovered rubber in highway improvement projects.
9. The director may request a prosecuting attorney to institute aprosecution for any violation of this section. In addition, the prosecutorof any county or circuit attorney of any city not within a county may, byinformation or indictment, institute a prosecution for any violation ofthis section.
(L. 1990 S.B. 530, A.L. 1995 S.B. 60 & 112, A.L. 2002 S.B. 1011, A.L. 2005 S.B. 225)