Directs DEP to establish scrap tire hauler license and scrap tire storage, collection, and disposal site permit.

A2405

ASSEMBLY, No. 2405

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman WILLIAM F. MOEN, JR.

District 5 (Camden and Gloucester)

SYNOPSIS

���� Directs DEP to establish scrap tire hauler license
and scrap tire storage, collection, and disposal site permit.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the transportation and disposal of scrap
tires and supplementing Title 13 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� As used in this act:

����
"Commissioner"
means the Commissioner of Environmental Protection.

����
"Department" means
the Department of Environmental Protection.

����
"Licensed scrap
tire facility" means a recycling center within the State authorized to
accept, store, process, or transfer scrap tires, pursuant to subsection b. of
section 41 of P.L.1987, c.102 (C.13:1E-99.34), any other facility in the State
authorized by the department to accept scrap tires for reuse, or a recycling
center outside of the State authorized by the environmental regulatory agency
with jurisdiction over environmental permitting to accept scrap tires for the
purpose of recycling.

����
"Licensed scrap
tire hauler" means a person who obtains a license to engage in scrap tire
collection pursuant to section 2 of this act.

����
"Recycling"
means any process by which scrap tires are collected, separated, or processed
and returned to the economic mainstream in the form of raw materials or
products, including fuel.

���� �Scrap tire� means: (1) a tire
that is no longer prudent or practical for vehicular use; or (2) a tire that
has not been used on a vehicle for more than six months after the last date it
was used on a vehicle.

���� "Scrap tire
collection" means the pick-up and transportation of scrap tires from their
source to a licensed scrap tire facility, disposal facility, storage facility, or
other destination.

���� 2. �a.� Commencing 180 days
after the date of enactment of this act, no person shall engage in scrap tire
collection unless the person is licensed by the department pursuant to the
provisions of this act.�

����
b.� The department
shall require an applicant for a scrap tire hauler license to provide the
following information:

����
(1) the applicant' s
name, business location, and mailing address;

����
(2) the geographical
area to be serviced for the term of the license, including a map and a list of
zip codes in that area;

����
(3) identification of
vehicles to be used in scrap tire collection, including the vehicle
identification number, license plate number, vehicle make, model and year, and
legal owner, and whether the vehicle is owned or leased by the applicant; and

����
(4) identification of
the licensed scrap tire facilities to be served by the applicant, including the
facility name, facility license number, location address, mailing address, and
telephone number.

����
c.� The department
shall issue a scrap tire hauler license to any person who qualifies for the
license pursuant to the provisions of this section and who is in compliance
with any licensing or permitting requirements established pursuant to this act,
P.L.1970, c.39 (C.13:1E-1 et seq.), P.L.1983, c.392 (C.13:1E-126 et seq.) or
any other applicable law.�

����
d.� An application for
a scrap tire hauler license or license renewal shall be accompanied by an
application fee established by the department that shall cover all costs of
processing the application and issuing the license or license renewal.� The
department may also establish an annual fee that shall be charged to a person
who qualifies for a license.� The revenue from the annual fees shall be
sufficient to cover all costs of administering and enforcing the license
program.

����
e.� Each scrap tire
hauler license issued by the department shall be valid for a period not to
exceed three years, unless a shorter period is specified therein, or unless
suspended or revoked.� All licenses shall expire as provided in rules and
regulations adopted by the department.�

����
f.� The department may
deny an application for a license or license renewal.� The department may
prohibit any person whose application for a license or license renewal is
denied from re-applying for a license for a period of not more than three
years. �The term during which reapplication is prohibited shall be established
as part of the determination of the department in the proceedings concerning
the denial.

���� 3.� a.� No more than 180 days
after the date of enactment of this act, the department shall establish a scrap
tire management system that provides for the manifesting, tracking, collection,
recycling, and disposal of scrap tires.� The scrap tire management system shall
require all scrap tires to be collected and transported from their source only
by a licensed scrap tire hauler and to be delivered to a licensed scrap tire storage,
collection, or disposal facility.� The system shall include an electronic
manifest system, or otherwise implement a digital tracking system, to
facilitate real-time tracking of tire shipments. �The department may require tire
haulers to participate in the electronic manifest system after its
establishment.

���� b.� Each licensed scrap tire
hauler shall maintain a comprehensive manifest to track the movement of tires
from the point of generation to the final disposal site. �The manifest shall
include, at a minimum, the origin and destination of each load, the quantity of
tires hauled, the date of transport, and the identifying information of the
receiving facility.

���� c.� A licensed scrap tire
hauler shall only transport tires to facilities that are registered or
otherwise approved by the department for the disposal or recycling of tires. �Any
tire hauler found delivering tires to a non-approved facility shall be subject
to the penalties enumerated in section 5 of this act, as well as the suspension
or revocation of their license.

���� d.� The department shall
maintain a list of approved tire disposal locations, and tire haulers shall be
required to verify the approval status of any facility to which they transport
tires.

���� e.� Each licensed scrap tire
hauler shall maintain financial assurance in the amount of no less than
$150,000 per hauler to ensure adequate funds are available for tire disposal
and potential environmental mitigation. �The financial assurance shall be in a
form approved by the department, including but not limited to insurance, bonds,
or other financial instruments.� The department may assess the financial
qualifications of a licensed scrap tire hauler based on its financial
statements and operational history, and may determine an alternative amount of
financial assurance that meets the same level of protection.

���� f.� A licensed scrap tire
hauler shall not store tires at any location unless the location meets all
applicable safety, environmental, and regulatory requirements established by
the department.� A licensed scrap tire hauler who stores tires at an
unauthorized location shall be subject to the penalties established pursuant to
section 5 of this act, as well as the suspension or revocation of their
license.

���� 4.� a.� No person shall
maintain a scrap tire storage, collection, or disposal site unless they possess
a valid permit therefor issued by the department.

���� b.� A scrap tire shall be
disposed of only at a permitted scrap tire storage, collection, or disposal
site or a licensed scrap tire facility.

���� c.� The department shall,
through the rules and regulations adopted pursuant to section 6 of this act:

���� (1) establish scrap tire
storage, collection, and disposal site permits, including permit criteria and
an application process;

���� (2) establish standards for
scrap tire storage, collection, and disposal sites; and

���� (3) require permittees to
maintain adequate financial assurance for closure as a condition of approval,
in an amount sufficient to ensure proper cleanup and site restoration in the
event of abandonment or noncompliance.

���� d.� An application for a scrap
tire storage, collection, or disposal site permit or permit renewal shall be
accompanied by an application fee established by the department that shall
cover all costs of processing the application and issuing the permit or permit
renewal.� The department may also establish an annual fee that shall be charged
to a person who qualifies for a permit.

���� e.� Each scrap tire storage,
collection, or disposal site permit issued by the department shall be valid for
a period not to exceed five years, unless a shorter period is specified
therein, or unless suspended or revoked.� All permits shall expire as provided
in rules and regulations adopted by the department.�

���� f.� The department may deny an
application for a permit or permit renewal.� The department may prohibit any
person whose application for a permit or permit renewal is denied from
re-applying for a permit for a period of not more than three years.� The term
during which reapplication is prohibited shall be established as part of the
determination of the department in the proceedings concerning the denial.

���� g.� The following entities
shall be exempt from the requirement to obtain a scrap tire storage,
collection, or disposal permit:

���� (1) a tire retreader who
stores fewer than 500 tires;

���� (2) an automobile-related
business removing tires in the ordinary course of business, which stores fewer
than 500 tires;

���� (3) a retail tire seller
acting as a storage, collection, or disposal site, which stores fewer than 500
tires.

���� h.� Notwithstanding the
provisions of this section to the contrary, a person may store up to 1,000
scrap tires without a scrap tire storage, collection, or disposal permit if all
tires are kept in secured, enclosed storage containers designed to prevent the
accumulation of water and unauthorized access.

���� i.� A scrap tire storage,
collection, or disposal site that holds a valid permit issued prior to the
effective date of this act shall be exempt from the new requirements
established by this act, provided that the site does not undergo a substantial
modification or expansion of operations after the effective date.� This
exemption shall remain in effect unless the site�s permit is revoked,
suspended, or materially amended, or unless the site is found to pose a
significant threat to public health, safety, or the environment.

���� 5.� a.� Whenever the
commissioner finds that a person has violated any provision of this act, or any
rule or regulation adopted pursuant thereto, the commissioner may:

���� (1) issue an order requiring
the person found to be in violation to comply in accordance with subsection b.
of this section;

���� (2) bring a civil action in
accordance with subsection c. of this section;

���� (3) levy a civil
administrative penalty in accordance with subsection d. of this section; or

���� (4) bring an action for a
civil penalty in accordance with subsection e. of this section.

���� b.� Whenever the commissioner
finds that a person has violated this act, or any rule or regulation adopted
pursuant thereto, the commissioner may issue an order specifying the provision
or provisions of this act, or the rule or regulation adopted pursuant thereto,
of which the person is in violation, citing the action that constituted the
violation, ordering abatement of the violation, and giving notice to the person
of the person's right to a hearing on the matters contained in the order.� The
ordered person shall have 20 calendar days from receipt of the order within
which to deliver to the commissioner a written request for a hearing.� After
the hearing and upon finding that a violation has occurred, the commissioner
may issue a final order.� If no hearing is requested, the order shall become
final after the expiration of the 20-day period.� A request for hearing shall
not automatically stay the effect of the order.

���� c.� The commissioner may
institute an action or proceeding in the Superior Court for injunctive and
other relief to enforce the provisions of this act, and to prohibit and prevent
a violation of this act, or of any rule or regulation adopted pursuant thereto,
and the court may proceed in the action in a summary manner.� In any such
proceeding the court may grant temporary or interlocutory relief.

���� Such relief may include,
singly or in combination:

���� (1) a temporary or permanent
injunction;

���� (2) assessment of the violator
for the reasonable costs of any inspection that led to the establishment of the
violation, and for the reasonable costs of preparing and litigating the case
under this subsection.

���� d.� The commissioner may
assess a civil administrative penalty of not more than $7,500 for a first
offense, not more than $10,000 for a second offense and not more than $25,000
for a third and every subsequent offense.� Each day that a violation continues
shall constitute an additional, separate, and distinct offense.� No assessment
may be levied pursuant to this section until after the violator has been
notified by certified mail or personal service.� The notice shall include a
reference to the section of the statute, rule, regulation, or order violated, a
concise statement of the facts alleged to constitute a violation, a statement
of the amount of the civil administrative penalties to be imposed, and a
statement of the person's right to a hearing.� The ordered person shall have 20
calendar days from receipt of the notice within which to deliver to the
commissioner a written request for a hearing.� After the hearing and upon
finding that a violation has occurred, the commissioner may issue a final order
after assessing the amount of the fine specified in the notice.� If no hearing
is requested, the notice shall become a final order after the expiration of the
20-day period.� Payment of the assessment is due when a final order is issued
or the notice becomes a final order.� The authority to levy a civil
administrative penalty is in addition to all other enforcement provisions in
this act, and the payment of any assessment shall not be deemed to affect the
availability of any other enforcement provisions in connection with the
violation for which the assessment is levied.� The commissioner may compromise
any civil administrative penalty assessed under this subsection in an amount
the commissioner determines appropriate.

���� e.� A person who violates this
act, or any rule or regulation adopted pursuant thereto, shall be liable for a
penalty of not more than $7,500 per day, to be collected in a civil action
commenced by the commissioner.� A person who violates an administrative order
issued pursuant to subsection b. of this section, or a court order issued
pursuant to subsection c. of this section, or who fails to pay an
administrative assessment in full pursuant to subsection d. of this section is
subject upon order of a court to a civil penalty not to exceed $50,000 per day
of each violation.� Any penalty imposed pursuant to this subsection may be
collected, with costs, in a summary proceeding pursuant to the "Penalty
Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).� The
Superior Court and the municipal court shall have jurisdiction to enforce the
provisions of the "Penalty Enforcement Law of 1999" in connection
with this act.

���� f.� Pursuit of any of the
remedies specified under this section shall not preclude the seeking of any
other remedy specified.

���� 6.� The department shall, in
accordance with the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement
this act.

���� 7.� This act shall take effect
immediately.

STATEMENT

���� This bill would prohibit
persons from engaging in scrap tire collection unless they possess a license
issued by the Department of Environmental Protection (DEP).

���� The bill would define
"scrap tire collection" to mean the pick-up and transportation of
scrap tires from their source to a licensed scrap tire facility, disposal
facility, storage facility, or other destination.� The bill would require the
DEP to establish a scrap hauler license, including an application process and
eligibility requirements for applicants. �The bill would require the DEP to
establish a system for the manifesting, tracking, collection, recycling, and
disposal of scrap tires, and would authorize the DEP to require licensed scrap
tire haulers to utilize the system.

���� The bill would establish
various requirements for obtaining a scrap tire hauler license, including that
each tire hauler would be required to maintain financial assurance in the
amount of no less than $150,000 per hauler.� The bill would also prohibit
licensed tire haulers from storing tires at any location unless the location
meets all applicable safety, environmental, and regulatory requirements
established by the DEP.

���� The bill would also require
the DEP to establish a permit for scrap tire storage, collection, or disposal
sites.� The bill would require that these sites maintain adequate financial
assurance for closure as a condition of approval, in an amount sufficient to
ensure proper cleanup and site restoration in the event of abandonment or
noncompliance.� The bill would also establish certain exemptions from the
permit requirement, including for persons who store fewer than 1,000 in secure,
enclosed containers.

���� The bill would establish a
civil administrative penalty of not more than $7,500 for a first offense, not
more than $10,000 for a second offense, and not more than $25,000 for a third
and every subsequent offense, for violations of the bill's provisions.� The
bill would also establish a civil penalty of up to $7,500 for violations of the
bill's provisions, and a civil penalty of up to $50,000 for persons who fail to
obey administrative orders, court orders, or to pay civil administrative
penalties in full.� The penalties would be assessed for each day during which
the violations continued.