Scrap Tires | Scrap Tire News | Archived Article

The legislature acted to ensure scrap tires were clearly identified as a non-hazardous material. The action came with final passage of HB 6621, a bill containing adjustments to Connecticut environmental laws. The scrap tire provision adds language to the current statutory definition of hazardous waste to specifically exclude scrap tires from the definition.

"We are pleased that the Connecticut legislature has corrected this obvious mistake," John Serumgard, executive vice president, Rubber Manufacturers Association (RMA) and chairman of its Scrap Tire Management Council (STMC) said in an announcement at the Tire and Rubber Recycling industry town meeting held during the show. At the same event, Alan Lassiter, Waste Tire Program Manager for the Virginia Department of Environmental Quality praised tire and rubber recycling leaders from ITRA's Tire and Rubber Recycling Advisory Council and the Scrap Tire Management Council for their swift action, professionalism and the low-key, "non-sensational" manner the groups adopted to resolve the issue.

"I congratulate you (the industry) for not letting this situation get out of control," Lassiter said. "It could have set a precedent difficult for many state programs to overcome," he said.

The need for this corrective legislation arose late in 1998 when a state court, ruling in a sales-tax case, determined that the business of transporting scrap tires was not subject to state service tax because scrap tires were a hazardous waste and fell within the exemption from the service taxes provided for hauling hazardous waste.

Under Connecticut solid waste regulations, scrap tires are listed as a "special waste," yet the court used its own interpretation of the statute to make its decision.

"If the court decision had not been challenged, it would have needlessly increased public anxiety about scrap tires, complicated the handling requirements for managing scrap tires and could have eliminated many legitimate markets," said David Poisson, executive vice president of the Tire Association of America (TANA).

The issue had drawn the cooperative efforts of RMA, TANA, the International Tire and Rubber Association (ITRA), as well as the Connecticut Tire Dealers Association and the New England Association of Independent Tire Dealers.

Marvin Bozarth, ITRA executive director, said, "Retreaders and tire dealers would have been exposed to tremendous potential liability from this court decision. Correcting this problem was an important accomplishment for the tire industry."

Representing the Connecticut tire dealers, Robert Malerba of Malerba's Silver City Tire added, "We are grateful that Connecticut regulators and legislators clearly understood the implications of this mistake and acted swiftly to make a correction."

Tire industry efforts to correct this erroneous court decision were supported by the Connecticut Department of Environmental Protection and the State Attorney General's office, as well as companies in the scrap tire industry. Key Connecticut House and Senate environmental leaders were also instrumental in helping reach a satisfactory conclusion.

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