44-1305. Waste tire fund and program

(Rpld. 1/1/26)

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.