§ 10.1-1418.3. Liability for large waste tire pile fires; exclusions.
A. For the purposes of this section:
"Tire pile" means an unpermitted accumulation of more than 100 waste tires.
B. For any tire pile that (i) is included in the survey of waste tire pilescompleted by the Department in 1993 or (ii) contains tires that were placedon property with the consent of the property owner, any person who owns or islegally responsible for such a tire pile that burns or is burned and anyperson who owns or is legally responsible for the property where the tirepile is located shall be responsible for the damage caused by the fire and byany waste or chemical constituents released into the environment to anyperson who sustains damage from the fire or from any released wastes orchemical constituents. It shall not be necessary for the claimant to showthat the damage was caused by negligence on the part of such owners, legallyresponsible persons or other person who set or caused to be set the fire thatburns the tires. Damages include, but are not limited to, the cost for anyrepair, replacement, remediation, or other appropriate action required as aresult of the fire. This liability shall be in addition to, and not in lieuof, any other liability authorized by statute or regulation. Without limitingwhat constitutes consent, acceptance of compensation for the placement oftires on one's property shall be deemed to be consent.
C. Any person who sets or causes to be set the fire that burns the tire pileshall be responsible for the damage caused by the fire and by any waste orchemical constituents released into the environment to any person whosustains damage from the fire or from any released wastes or chemicalconstituents. It shall not be necessary for the claimant to show that thedamage was caused by negligence on the part of such owners, legallyresponsible persons or other persons who set or caused to be set the firethat burns the tires. Damages shall include, but are not limited to, the costfor any repair, replacement, remediation, or other appropriate actionrequired as a result of the fire. This liability shall be in addition to, andnot in lieu of, any liability authorized by statute or regulation.
D. Any person who transfers waste tires for disposition and has taken allreasonable steps to ensure proper disposition of the waste tires shall not beheld liable under the standard set forth in this section. Documentation thata person has taken all reasonable steps to ensure proper disposition of thewaste tires may include, but is not limited to, utilization of the Waste TireCertification developed by the Department and any equivalent manifest ortracking system.
§ 10.1-1418.3. Liability for large waste tire pile fires; exclusions.
A. For the purposes of this section:
"Tire pile" means an unpermitted accumulation of more than 100 waste tires.
B. For any tire pile that (i) is included in the survey of waste tire pilescompleted by the Department in 1993 or (ii) contains tires that were placedon property with the consent of the property owner, any person who owns or islegally responsible for such a tire pile that burns or is burned and anyperson who owns or is legally responsible for the property where the tirepile is located shall be responsible for the damage caused by the fire and byany waste or chemical constituents released into the environment to anyperson who sustains damage from the fire or from any released wastes orchemical constituents. It shall not be necessary for the claimant to showthat the damage was caused by negligence on the part of such owners, legallyresponsible persons or other person who set or caused to be set the fire thatburns the tires. Damages include, but are not limited to, the cost for anyrepair, replacement, remediation, or other appropriate action required as aresult of the fire. This liability shall be in addition to, and not in lieuof, any other liability authorized by statute or regulation. Without limitingwhat constitutes consent, acceptance of compensation for the placement oftires on one's property shall be deemed to be consent.
C. Any person who sets or causes to be set the fire that burns the tire pileshall be responsible for the damage caused by the fire and by any waste orchemical constituents released into the environment to any person whosustains damage from the fire or from any released wastes or chemicalconstituents. It shall not be necessary for the claimant to show that thedamage was caused by negligence on the part of such owners, legallyresponsible persons or other persons who set or caused to be set the firethat burns the tires. Damages shall include, but are not limited to, the costfor any repair, replacement, remediation, or other appropriate actionrequired as a result of the fire. This liability shall be in addition to, andnot in lieu of, any liability authorized by statute or regulation.
D. Any person who transfers waste tires for disposition and has taken allreasonable steps to ensure proper disposition of the waste tires shall not beheld liable under the standard set forth in this section. Documentation thata person has taken all reasonable steps to ensure proper disposition of thewaste tires may include, but is not limited to, utilization of the Waste TireCertification developed by the Department and any equivalent manifest ortracking system.
§ 10.1-1418.3. Liability for large waste tire pile fires; exclusions.
A. For the purposes of this section:
"Tire pile" means an unpermitted accumulation of more than 100 waste tires.
B. For any tire pile that (i) is included in the survey of waste tire pilescompleted by the Department in 1993 or (ii) contains tires that were placedon property with the consent of the property owner, any person who owns or islegally responsible for such a tire pile that burns or is burned and anyperson who owns or is legally responsible for the property where the tirepile is located shall be responsible for the damage caused by the fire and byany waste or chemical constituents released into the environment to anyperson who sustains damage from the fire or from any released wastes orchemical constituents. It shall not be necessary for the claimant to showthat the damage was caused by negligence on the part of such owners, legallyresponsible persons or other person who set or caused to be set the fire thatburns the tires. Damages include, but are not limited to, the cost for anyrepair, replacement, remediation, or other appropriate action required as aresult of the fire. This liability shall be in addition to, and not in lieuof, any other liability authorized by statute or regulation. Without limitingwhat constitutes consent, acceptance of compensation for the placement oftires on one's property shall be deemed to be consent.
C. Any person who sets or causes to be set the fire that burns the tire pileshall be responsible for the damage caused by the fire and by any waste orchemical constituents released into the environment to any person whosustains damage from the fire or from any released wastes or chemicalconstituents. It shall not be necessary for the claimant to show that thedamage was caused by negligence on the part of such owners, legallyresponsible persons or other persons who set or caused to be set the firethat burns the tires. Damages shall include, but are not limited to, the costfor any repair, replacement, remediation, or other appropriate actionrequired as a result of the fire. This liability shall be in addition to, andnot in lieu of, any liability authorized by statute or regulation.
D. Any person who transfers waste tires for disposition and has taken allreasonable steps to ensure proper disposition of the waste tires shall not beheld liable under the standard set forth in this section. Documentation thata person has taken all reasonable steps to ensure proper disposition of thewaste tires may include, but is not limited to, utilization of the Waste TireCertification developed by the Department and any equivalent manifest ortracking system.
