                                 CODE OF VIRGINIA

LIABILITY FOR LARGE WASTE TIRE PILE FIRES; EXCLUSIONS (§ 10.1-1418.3)

A. For the purposes of this section:
			&#8220;Tire pile&#8221; means an unpermitted accumulation of more than 100
waste tires.

B. For any tire pile that (i) is included in the survey of waste tire piles
completed by the Department in 1993 or (ii) contains tires that were placed on
property with the consent of the property owner, any person who owns or is
legally responsible for such a tire pile that burns or is burned and any person
who owns or is legally responsible for the property where the tire pile is
located shall be responsible for the damage caused by the fire and by any waste
or chemical constituents released into the environment to any person who
sustains damage from the fire or from any released wastes or chemical
constituents. It shall not be necessary for the claimant to show that the damage
was caused by negligence on the part of such owners, legally responsible persons
or other person who set or caused to be set the fire that burns the tires.
Damages include, but are not limited to, the cost for any repair, replacement,
remediation, or other appropriate action required as a result of the fire. This
liability shall be in addition to, and not in lieu of, any other liability
authorized by statute or regulation. Without limiting what constitutes consent,
acceptance of compensation for the placement of tires on one&#8217;s property
shall be deemed to be consent.

C. Any person who sets or causes to be set the fire that burns the tire pile
shall be responsible for the damage caused by the fire and by any waste or
chemical constituents released into the environment to any person who sustains
damage from the fire or from any released wastes or chemical constituents. It
shall not be necessary for the claimant to show that the damage was caused by
negligence on the part of such owners, legally responsible persons or other
persons who set or caused to be set the fire that burns the tires. Damages shall
include, but are not limited to, the cost for any repair, replacement,
remediation, or other appropriate action required as a result of the fire. This
liability shall be in addition to, and not in lieu of, any liability authorized
by statute or regulation.

D. Any person who transfers waste tires for disposition and has taken all
reasonable steps to ensure proper disposition of the waste tires shall not be
held liable under the standard set forth in this section. Documentation that a
person has taken all reasonable steps to ensure proper disposition of the waste
tires may include, but is not limited to, utilization of the Waste Tire
Certification developed by the Department and any equivalent manifest or
tracking system.

HISTORY: 1996, c. 734; 2003, c. 101.