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1996 SESSION

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CHAPTER 734 An Act to amend the Code of Virginia by adding a section numbered 10.1-1418.3, relating to liability for waste tire pile fires. [H 815] Approved April 6, 1996

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 10.1-1418.3 as follows:

§ 10.1-1418.3. Liability for large waste tire pile fires; exclusions.

A. For the purposes of this section:

"Tire pile" means an accumulation of tires that: (i) is included in the survey of waste tire piles completed by the Department in 1993 and is estimated to contain greater than 50,000 tires or (ii) contains 50,000 or more tires that were placed on property with the consent of the property owner. Without limiting what constitutes consent, acceptance of compensation for the placement of tires on one's property shall be deemed to be consent.

B. Any person who owns or is legally responsible for a tire pile that burns or is burned, any person who owns or is legally responsible for the property where the tire pile is located, and any person who sets or causes to be set the fire which burns the tire pile shall be responsible for the damage caused by the fire and by any waste or chemical constituents released into the environment to any person who sustains damage from the fire or from any released wastes or chemical constituents. It shall not be necessary for the claimant to show that the damage was caused by negligence on the part of such owners, legally responsible persons or other person who set or caused to be set the fire which burns the tires. Damages include, but are not limited to, the cost for any repair, replacement, remediation, or other appropriate action required as a result of the fire. This liability shall be in addition to, and not in lieu of, any other liability authorized by statute or regulation.

C. Any person who transfers waste tires for disposition and has taken all reasonable steps to ensure proper disposition of the waste tires shall not be held liable under the standard set forth in subsection B. Documentation that a person has taken all reasonable steps to ensure proper disposition of the waste tires may include, but is not limited to, utilization of the Waste Tire Certification developed by the Department and any equivalent manifest or tracking system.