2011 Kentucky Revised Statutes Subchapter 50 Other Specific Types of Waste 224.50.868 New tire fee -- Disposal of replaced tire -- Report to cabinet -- Retailer requirements Informational fact sheet.
KY Rev Stat § 224.50.868 (1996 through Reg Sess) What's This?
224.50-868 New tire fee -- Disposal of replaced tire -- Report to cabinet -- Retailer
requirements – Informational fact sheet.
(1)
(2)
(3)
(4)
(5)
(6)
Until July 31, 2010, a person purchasing a new motor vehicle tire in Kentucky shall
pay to the retailer a one dollar () fee at the time of the purchase of that tire. A new
tire is a tire that has never been placed on a motor vehicle wheel rim, but it is not a
tire placed on a motor vehicle prior to its original retail sale or a recapped tire. The
term "motor vehicle" as used in this section shall mean "motor vehicle" as defined
in KRS 138.450. The fee shall not be subject to the Kentucky sales tax.
When a person purchases a new motor vehicle tire in Kentucky to replace another
tire, the tire that is replaced becomes a waste tire subject to the waste tire program.
The person purchasing the new motor vehicle tire shall be encouraged by the
retailer to leave the waste tire with the retailer or meet the following requirements:
(a) Dispose of the waste tire in accordance with KRS 224.50-856(1);
(b) Deliver the waste tire to a person registered in accordance with the waste tire
program; or
(c) Reuse the waste tire for its original intended purpose or an agricultural
purpose.
A retailer shall report to the Department of Revenue on or before the twentieth day
of each month the number of new motor vehicle tires sold during the preceding
month and the number of waste tires received from customers that month. The
report shall be filed on forms and contain information as the Department of
Revenue may require. The retailer shall remit with the report ninety-five percent
(95%) of the fees collected for the preceding month and may retain a five percent
(5%) handling fee.
A retailer shall:
(a) Accept from the purchaser of a new tire, if offered, for each new motor
vehicle tire sold, a waste tire of similar size and type; and
(b) Post notice at the place where retail sales are made that state law requires the
retailer to accept, if offered, a waste tire for each new motor vehicle tire sold
and that a person purchasing a new motor vehicle tire to replace another tire
shall comply with subsection (2) of this section. The notice shall also include
the following wording: "State law requires a new tire buyer to pay one dollar
() for each new tire purchased. The money is collected and used by the state
to oversee the management of waste tires, including cleaning up abandoned
waste tire piles and preventing illegal dumping of waste tires."
A retailer shall comply with the requirements of the recordkeeping system for waste
tires established by KRS 224.50-874.
A retailer shall transfer waste tires only to a person who presents a letter from the
cabinet approving the registration issued under KRS 224.50-858 or a copy of a solid
waste disposal facility permit issued by the cabinet, unless the retailer is delivering
the waste tires to a destination outside Kentucky and the waste tires will remain in
the retailer's possession until they reach that destination.
(7)
The cabinet shall, in conjunction with the Waste Tire Working Group, develop the
informational fact sheet to be made publicly available on the cabinet's Web site and
available in print upon request. The fact sheet shall identify ways to properly
dispose of the waste tire and present information on the problems caused by
improper waste tire disposal.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 34, sec. 2, effective June 8, 2011. -- Amended
2006 Ky. Acts ch. 165, sec. 1, effective July 12, 2006. -- Amended 2005 Ky. Acts
ch. 85, sec. 629, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 46, sec. 1,
effective July 15, 2002. -- Created 1998 Ky. Acts ch. 529, sec. 10, effective July 15,
1998.
2010-2012 Budget Reference. See State/Executive Branch Budget, 2010 (1st Extra.
Sess.) StateKy. Acts ch. 1, Pt. I, E, 2, (3) at 29.
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