§ 130A-309.63. Scrap Tire Disposal Account.
§ 130A‑309.63. ScrapTire Disposal Account.
(a) Creation. TheScrap Tire Disposal Account is established as a nonreverting account within theDepartment. The Account consists of revenue credited to the Account from theproceeds of the scrap tire disposal tax imposed by Article 5B of Chapter 105 ofthe General Statutes.
(b) Use. TheDepartment may use revenue in the Account only as authorized by this section.
(1) The Department mayuse up to fifty percent (50%) of the revenue in the Account to make grants tounits of local government to assist them in disposing of scrap tires. Toadminister the grants, the Department shall establish procedures for applyingfor a grant and the criteria for selecting among grant applicants. The criteriashall include the financial ability of a unit of local government to providefor scrap tire disposal, the severity of a unit of local government's scraptire disposal problem, the effort made by a unit of local government to ensurethat only tires generated in the normal course of business in this State areprovided free disposal, and the effort made by a unit of local government toprovide for scrap tire disposal within the resources available to it.
(2) The Department mayuse up to forty percent (40%) of the revenue in the Account to make grants toencourage the use of processed scrap tire materials. These grants may be madeto encourage the use of tire‑derived fuel, crumb rubber, carbon black, orother components of tires for use in products such as fuel, tires, mats, auto parts,gaskets, flooring material, or other applications of processed tire materials.These grants shall be made in consultation with the Department of Commerce, theDivision of Pollution Prevention and Environmental Assistance of theDepartment, and, where appropriate, the Department of Transportation. Grants toencourage the use of processed scrap tire materials shall not be used toprocess tires.
(3) The Department mayuse revenue in the Account to support a position to provide local governmentswith assistance in developing and implementing scrap tire management programsdesigned to complete the cleanup of nuisance tire collection sites and preventscrap tires generated from outside of the State from being presented for freedisposal in the State.
(4) The Department mayuse the remaining revenue in the Account only to clean up scrap tire collectionsites that the Department has determined are a nuisance. The Department may usefunds in the Account to clean up a nuisance tire collection site only if no otherfunds are available for that purpose.
(c) Eligibility. Aunit of local government is not eligible for a grant for scrap tire disposalunless its costs for disposing of scrap tires for the six‑month periodpreceding the date the unit of local government files an application for agrant exceeded the amount the unit of local government received during thatperiod from the proceeds of the scrap tire tax under G.S. 105‑187.19. Agrant to a unit of local government for scrap tire disposal may not exceed the unitof local government's unreimbursed cost for the six‑month period.
(d) Repealed by SessionLaws 2002‑126, s. 12.5(b), effective July 1, 2002.
(e) Reporting. TheDepartment shall include in the report to be delivered to the EnvironmentalReview Commission on or before 15 January of each year pursuant to G.S. 130A‑309.06(c)a description of the implementation of the North Carolina Scrap Tire DisposalAct for the fiscal year ending the preceding 30 June. The description of theimplementation of the North Carolina Scrap Tire Disposal Act shall include thebeginning and ending balances in the Account for the reporting period, theamount credited to the Account during the reporting period, and the amount ofrevenue used for grants and to clean up nuisance tire collection sites. (1993, c. 548, s. 6; 1995(Reg. Sess., 1996), c. 594, s. 23; 1997‑209, ss. 1, 2; 2001‑452, s.3.4; 2002‑126, s. 12.5(b).)