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1996 SESSION

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HB 815 Waste tire burning liability.

Introduced by: John Watkins | all patrons    ...    notes | add to my profiles

SUMMARY:

Waste tire burning liability. Establishes strict liability for damage resulting from waste tire piles that burn or are burned. "Tire pile" is defined narrowly to include only: (i) tire piles containing 50,000 or more tires listed on a 1993 survey conducted by Department of Environmental Quality and (ii) accumulations of 50,000 or more tires placed on property with the consent of the property owner. Liability is imposed on: (i) any person who owns or is legally responsible for the tire pile, (ii) any person who owns or is legally responsible for the property where the tire pile is located, and (iii) any person who sets or causes to be set the fire which burns the tires. Damages are those which result from the fire and from the release of any waste or chemical constituents from the burned tires including the cost of any repair, replacement, remediation or other required action. A person who, in the transfer of tires for disposition, has taken all reasonable steps to ensure proper disposal is not held to the strict liability standard.


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