44-1305

44-1305. Waste tire fund and program

(Rpld. 1/1/18)

A. A waste tire fund is established to be administered by the department of revenue
consisting of monies collected from the fees applied to tires pursuant to this
article. Monies in the fund are exempt from lapsing under section 35-190.

B. At the end of each calendar quarter the department of revenue shall certify to
the department of administration and to the department of environmental quality the
amounts to be paid from the fund as follows:

1. An amount not to exceed three and one-half per cent of the monies in the fund
shall be transferred to the department of environmental quality for deposit in the solid
waste fee fund established by section 49-881 for monitoring and enforcing this article.

2. An amount not to exceed five per cent or two hundred fifty thousand dollars,
whichever is less, may be used by the director of the department of environmental quality
for tire fire cleanup expenses if no other funds are available.

3. The remainder of the monies shall be distributed among the counties in this
state in proportion to the number of motor vehicles registered in the county as of the
preceding July 1. Such monies shall be used by the counties for the purposes prescribed
by subsection C of this section.

C. Each county shall establish a waste tire program and shall submit by September 1
of each year a waste tire management plan to the department of environmental quality for
review and approval. A waste tire program may include contracts with private enterprise
to do any of the following, either individually or collectively:

1. Develop a plan to manage waste tires in the county.

2. Construct or operate or contract for the construction or operation of a waste
tire processing facility and purchase equipment for that facility.

3. Contract for a waste tire processing facility service.

4. Remove or contract for the removal of waste tires from the county or other
region.

5. Establish waste tire collection centers at solid waste disposal facilities or
waste tire processing facilities.

6. Develop an accounting system for the waste tires managed with monies from the
waste tire fund.

D. A county with a population of less than four hundred thousand persons as
determined by the most recent United States decennial census may join with any other
county and pool their financial resources to establish a program pursuant to this section
to address the waste tire problem.

E. The department of revenue shall provide an annual report to the legislature and
to the department of environmental quality on the collection and distribution of monies
in the waste tire fund.