Has The Tire Industry Scammed Us Into Believing Tire Derived Fuel Is Recycling And Not An Environmental Hazard

July 19, 2019
Used Tire News-Deerfield Beach, Fl- As we have written about many times more than half of the used tires/scrap tires disposed of annually are processed by cement kilns. Has the tire industry sold the world a bill of goods just so they can cheaply discard of 150 million-plus scrap tires every year in an environmentally unsound and polluting way? Well if you take a look at tires being burned in cement kilns you may begin to question other than the cement company saving money as well as the cheap disposal method for the tire dealer who else is benefitting. Certainly, environmentalists have been questioning the Tires burn cleaner and hotter than coal. Really who said coal burned clean? The truth- the dirty truth is that tire manufacturers need to be held to “cradle to grave” recycling if we are ever going to really solve the scrap tire problem. Burning tires in kilns is at best a short term solution of what to do with them as opposed to a really good for the environment solution. Tire recycling cradle to grave putting the emphasis where it belongs environmentally safe destruction and reuse of as much material before destruction, by the factory.

Amazon and Ebay Used Tire Sellers Have Huge Success


July 16, 2019-Derfield Beach ,Fl
Used Tire News-All you have to do is a quick Google search and you will find who is selling used tires on the internet, utilizing bot eBay and Amazon. Some of these sellers have obtained hundreds of thousands of used tire buyers online. The number of used tires being sold directly to consumers is staggering. Each and every state in the continental US has sellers of used tires using the net to merchandise their tires. Some of these sellers are selling tens of thousands of used tires annually.
Stay current on used tire news LIKE- www.usedtires.com

TIRE MAKERS NOT DOING ENOUGH TO RECYCLE SCRAP OR USED TIRES

Used tire news-Deerfield beach, Fl-Contrary to what they want you to believe new tire makers have done little to help recycle scrap and or discarded used tires. The US discards in excess of 300 Million unusable used tires or scrap tires every year. The tire industry which back in the eighties pushed cement companies to upgrade their kilns to allow burning coal with scrap tires and thus saving on the coal. The new tire makers showed cement makers how to profit from “Tipping Fees” for accepting and burning scrap tires. While we have nothing against burning tires for TDF tire-derived fuel, there are certainly other things many of them new tire makers should be doing. Worldwide scrap and used tires can become issues if not attend to properly.

Americas Largest Used Tire Sellers


Used Tire News-Deerfield Beach, Fl-Among the largest wholesalers and exporters of Used tires are the following. Emmanuel Tires out of Baltimore Maryland a huge seller of used tires. Bob’s Tire out of Massachusetts also a top 5 seller of used tires. Then we come to Lakin Tire east and west in CT and Ca. Casings Inc in NY also a top seller. The 80-pound gorilla is now Liberty Tire who handles more than half of America’s scrap tires and thus the largest seller of used tires in the USA. We will continue in our next post with the largest sellers in Europe which is a little more complicated because of the record keeping. Do not forget us if you are looking for container loads of used tires, we can ship worldwide.www.usedtires.com
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Gm and Michelin Say Their New Tire Will Avoid Flats And Blowouts-But Still Can Be Sold As A Used Tire

The Michelin Uptis Prototype is tested on a Chevrolet Bolt EV Wednesday, May 29, 2019 at the General Motors Milford Proving Ground in Milford, Michigan. GM intends to develop this airless wheel assembly with Michelin and aims to introduce it on passenger vehicles as early as 2024. (Photo by Steve Fecht for General Motors)


Used Tire News-Deerfield Beach,Fl-The new tire planned to be rolled out by Michelin and GM will be airless,will prevent flat tires and blow outs.That said they will still be able to be sold used something the new tire makers do not like.But to hell with them they make such a good product it has more than one life even the new airless tire they are promoting.

From CNN.com-“Uptis is an ideal fit for propelling the automotive industry into the future, and a great example of how our customers benefit when we collaborate and innovate with our supplier partners,” said Steve Kiefer, GM’s head of global purchasing and supply chain, in a release.
It will begin testing on public roads later this year on a fleet of Chevrolet Bolt vehicles. Michelin hopes the new tire will be available for purchase beginning in 2024.

Keep up on the new technology and leave space for the secondary market which recycles the products you make as you do not believe in cradle to grave tire recycling.Used tire sellers look forward to selling used “UPTIS” tires the same as we do pneumatic ones.

My Brother The Prince Of Used Tires In Puerto Rico


Used Tire News-Deerfield Beach,Fl-My Buddy, my lil brother came to Florida so we could continue selling used tires together. I have known Carlos for more than 25 plus years. Carlos’s dad Juan Ramon and I were business partners back in 1994. Carlos worked for us and travelled extensively with me. We visited Germany,The Netherlands, Denmark, Switzerland and other western European countries in search of used tires. We also visited many U.S cities and Central American countries to go and sell the used tires we had bought.

Two years ago Carlos moved to Deerfield Beach so we could begin the second chapter in our used tire venture.While we got off to a slow start with the tires. Used tires were in both of our blood and was something we felt we had to do,together.Unfortunately we never got that real chance,last Sunday I found Carlos dead in his apartment.

I had not communicated with him since Thursday night. When I got there Sunday Am and found him on the floor ,of course it was too late,he was gone.Getting there earlier would not have changed Carlos’s outcome but it would have meant my buddy , my brother was not all alone on the floor for three days as well as his body may have been able to be preserved and his family could have buried him. As a result of being alone for three days it was not possible to transport his body as severe decomposition had set in. His family had no choice , but to cremate him and have his ashes returned to his beloved “Isla” Puerto Rico”

We have lost “The Prince Of Puerto Rican Used Tires” ,I have lost a dear friend and brother.

My deepest condolences to Juan Ramon and the entire Perez family I know how difficult the past 9 days have been,RIP Carlos Javier Perez. Te Amo!

Please folks if you have a friend,relative a loved one that lives alone check up on them.The first sign of them not reponding should be the warning that something may be wrong and they need a welfare check.

USED TIRE SALES

Used Tire News-Deerfield Beach Florida-Nothing to be ashamed about selling used tires. Used Tires are the highest form of tire recycling-ReUse.Used Tires enter the market as tires are changed, from car wrecks where vehicles are salvaged. The greatest source os from tire retailers that do not sell used tires, their discarded tires are recovered, inspected and resold by tire recyclers worldwide. The USA discards over 330 Millon scrap tires a year of which over 40 million are resold as used tires. Consumers of used tires come from all walks of life including leaseback owners ready to turn in leased vehicles. Used Tires are exported in container loads worldwide also they are sold in local tire shops and online.

Used Tires-CM Tire Shredders

Used Tire News-Usedtires.com-
CM Shredders Opens New Test Lab and R&D Facility in North America

Sarasota, Florida, USA, – March 7, 2019

New ownership, new products, and new verticals fuel CM Shredders technology and innovations.

CM Shredders, a leading manufacturer of the worlds most advanced industrial shredders and recycling systems, will open its new test lab and R&D demo facility in North America. Located at its headquarters in Sarasota, Florida, the new 4000 ft2 R&D, and demo facility will feature an array of both single shaft and dual shaft shredding systems from the company’s versatile product range.

“The new test lab and R&D facility is an exciting new milestone in our long company history of fueling technology and innovation and the latest step in the process of expanding our business activities beyond our traditional tire shredding and tire recycling equipment,” said Charles Astafan, General Manager at CM Shredders. “We will be able to not only develop and provide new products and processes but also help our customers with a proactive approach when facing the challenges of today’s production environments, whether through test shredding, applications, developing turn-key systems, training support or R&D work. We will work closely and proactively with key suppliers and other industry experts to find solutions that help our customers to improve and optimize their current operations,” said Astafan.

“One of the key focuses of the new CM Test Lab & R&D facility will be application support, especially in areas where tough or exotic materials traditionally create challenges for equipment and operators in size reduction applications. Dedicated application engineers will work with our customers from all industries to solve their very specific issues. It will also give our clients the opportunity to attend hands-on demonstrations to help better understand processes, capabilities and see the quality delivered by CM Shredders systems first hand” Added Martin Berardi, CEO of Bengal Machine.

As of December 28, 2018 CM Shredders was acquired and joined the Bengal Machine family of size reduction companies, which includes its sister company, Schutte Hammermill, a New York-based manufacturer headed up by Christopher Berardi that has developed an extensive line of size reduction equipment that includes hammer mills, lump breakers, crushers and shredders that provide a consistent and exact finished particle size.

“With the acquisition of the CM shredder business and the combination with our Schutte Hammermill product lines, now under the Bengal Machine banner, our company has moved into an ideal position to become the size-reduction equipment supplier for nearly every market need – regardless of the products or materials our customers are working with,” said Christopher Berardi, president and general manager of Schutte Hammermill. “With the stellar reputations and product offerings of both companies the CM purchase and merger represents a strategic opportunity to add significantly to our worldwide installation base and grow our capacity and scale.”

With a combined heritage of over 125 years in business and as leaders in their respective areas of size reduction servicing a wide range of industries and applications. Both CM Shredders and Schutte Hammermill are excited to join forces under the Bengal Machine banner to offer complete, turnkey solutions across all segments of the size reduction market. Through its CM and Schutte brands, Bengal Machine offers a full range of size reduction equipment and systems to fit any application need, all under one roof.

About CM Shredder:
For more than 35 years, CM Shredder has been the recognized leader of recycling equipment solutions. CM Tire Shredders systems process more than half a billion tires each year worldwide, and CM Industrial Shredders leverage that cutting edge, patented technology to create the most durable and effective shredders with a consistent focus on offering its customers the lowest total cost of ownership.
Website www.cmshredders.com

About Schutte Hammermill:
Schutte Hammermill products are known worldwide for their rugged construction, economical price, day-in-day-out dependability and a line of the highest quality, on-demand factory replacement wear parts. Founded in 1928, Schutte Hammermill products are made in the USA, proudly manufactured in Buffalo, New York (USA).
Website www.hammermills.com

Used Tire Dealers Increasing Online Presence


Used Tire News-www.Usedtires.com-Deerfield Beach, Fl-Used tire dealers are becoming internet savvy. Used tire dealers have found the power of the internet for selling used tires. All one has to do is a simple Google search or Bing search for used tires, used tire, used tires for sale or used tires near me and you will see the results.
Many used tire dealers are selling used tires direct to consumers online, the same way Tirerack.com sells new ones. The growth potential for used tires being sold on the internet direct top consumers is unlimited. Used tires are being sold on E-Bay and Amazon in big numbers. Used tire dealers online have found the niche market and are filling it. Consumer response has been exceptional for online used tire sellers. Many of whom have a near perfect satisfaction record written up by the consumers on Amazon and eBay these used tire dealers have perfected customer satisfaction and are taking advantage of their niche market!

You Can Fight City Hall And Big Rubber The New Tire Makers And Win


Used Tire News-Deerfield Beach,Fl-Usedtires.com via Used Tire International was subject to law 171 of 1996 instituted in Puerto Rico regulating the sale of used tires and establishing a scrap tire recycling program. Used Tire international the moment the law took effect sought relief from the federal court.
Used Tire International sought an injunction along with a Temporary Restraining Order barring the government of Puerto Rico from enforcing the challenged portions of the law. The jist of this law was written by new tire makers and their resellers, in Puerto Rico.
This is a long read but worth it if you believe in the constitution.

United States Court of Appeals,First Circuit.
USED TIRE INTERNATIONAL, INC., Plaintiff, Appellant, v. Manuel DIAZ-SALDAÑA, Defendant, Appellee.

USED TIRE INTERNATIONAL, INC., Plaintiff, Appellee, v. Manuel DIAZ-SALDAÑA, Defendant, Appellant.

Nos. 97-2347, 97-2348.
Decided: September 11, 1998
Before SELYA and BOUDIN, Circuit Judges, and SCHWARZER,* Senior District Judge. Sylvia Roger-Stefani, Assistant Solicitor General, with whom Carlos Lugo-Fiol, Solicitor General, and Edda Serrano-Blasini, Deputy Solicitor General, Federal Litigation Division, Puerto Rico Department of Justice, were on brief, for appellant. Joan S. Peters, with whom Andrés Guillemard-Noble and Nachman, Guillemard & Rebollo were on brief, for appellee.
In an effort to attack the mounting problem of solid waste disposal, the Puerto Rico legislature in 1996 enacted the Tire Handling Act, also known as Law 171.   This act establishes a comprehensive scheme for the handling and disposal of used tires.   Among other things, it requires tire vendors to accept customers’ used tires at no extra charge for processing or disposal, prohibits the burning of tires and depositing of tires in landfills except under certain conditions, regulates the storage and recycling of tires, establishes import fees, sets up a fund for handling scrap tires, creates incentives for recycling and developing alternative uses for scrap tires, and imposes penalties for noncompliance with its provisions.   The legislature identified the disposal of tires as a particular problem because of the fire hazard they present, the public health hazard they create from disease-carrying mosquitoes breeding in water that accumulates inside discarded tires and the large amount of space they occupy, diminishing the useful life of landfills.

Used Tire International, Inc. (“UTI”) is an importer of used tires into Puerto Rico. It brought this action for declaratory and injunctive relief against appellant Manuel DíazSaldaña as Secretary of the Treasury to bar enforcement of certain provisions of Law 171.   Those provisions are:  Article 5(B) which prohibits the import of tires that do not have a minimum tread depth of 3/32”;  Article 5(D) which requires tire importers to file a bond in an amount equivalent to the cost of handling and disposing of the imported product and provides for execution of the bond in the event that 10% of a representative sample of a shipment does not qualify;  Article 6 which imposes a charge on all imported tires;  Article 17(A)(1) which provides for distributions from a tire handling fund, created from the charge imposed on importers of tires, to recyclers, processors and exporters of tires;  and Article 19(A) which imposes a $10.00 fine on persons selling or importing tires that do not have a minimum tread depth of 3/32.”   Following a hearing on UTI’s request for a preliminary injunction at which both sides presented testimony, the district court issued an opinion and order, granting the injunction against enforcement of Articles 5(B), 5(D) and 19(A) and denying it with respect to Articles 6 and 17(A)(1).   Puerto Rico appealed the order and UTI cross-appealed.   The parties have stipulated that we may treat Puerto Rico’s appeal as being from a final adjudication of the invalidity of Articles 5(B), 5(D) and 19(A).   We have jurisdiction under 28 U.S.C. §§ 1331 and 1292(a)(1).

PUERTO RICO’S APPEAL

 The district court concluded that Articles 5(B) and 19(A) facially discriminate against interstate commerce by banning the importation of a class of tires that may be legally sold and used in Puerto Rico. In reaching that conclusion it rejected the Secretary’s argument that Law 171 is non-discriminatory because the 3/32” requirement applies equally to importers and sellers of used tires.   The argument was premised on the first sentence of Article 19(A) which states:

Every person who sells or imports tires ․ that do not have a minimum depth of 3/32” ․ shall pay a fine of $10.00 per tire.

The court rejected this interpretation of the statute as implausible on the strength of the second sentence of Article 19(A) which states:

This provision shall apply to those who fail to comply but have not had their bond executed, according to what is pointed out in Article 5(D) [which requires all tire importers to post a bond].

It read that provision as making the penalty applicable only to those who have filed bonds, i.e., importers of used tires.

We agree with the district court’s interpretation.   The reference to “those ․ who have not had their bond executed” and the cross-reference to Article 5(D) dealing with importers of used tires makes it clear that only those sellers of used tires who are also importers are the subject of Article 19(A).   Moreover, as UTI points out, it would make little sense for the legislature to penalize sellers of noncomplying used tires taken in trade-in (i.e., locally-generated used tires) for to do so would simply accelerate the time when used tires are discarded as scrap and dumped in a landfill.   On appeal, the Secretary merely reiterates that the penalty applies equally to sellers and to importers but has offered “only rhetoric, and not explanation.”   See Chemical Waste Management, Inc. v. Hunt, 504 U.S. 334, 343, 112 S.Ct. 2009, 119 L.Ed.2d 121 (1992).   We conclude, therefore, that Article 19(A) discriminates against sellers of imported used tires because only they and not sellers of locally-generated used tires are subjected to the penalty and, consequently, that Article 5(B) discriminates against importers of used tires because Law 171 singles them out in barring the import of tires with less than 3/32” tread depth.1

 The district court, having concluded that Articles 5(B) and 19(A) are invalid, did not reach the bonding requirement under Article 5(D).   That article provides that “[e]very tire importer shall file ․ a bond ․ equivalent to the total cost of the handling and disposal of the imported product.   Should more than 10% of a representative sample of a shipment of imported tires fail[ ] to meet [the 3/32” standard] ․ the totality of the bond shall be executed.”   Plainly the bonding requirement imposes burdens, costs and risks on importers of used tires not borne by sellers of locally-generated used tires and thus provides added support for the conclusion that Articles 5(B), 5(D) and 19(A) together facially discriminate against interstate commerce.

 The inexorable increase in the volume of solid wastes and the health and environmental consequences attendant on their disposal present legislatures and courts with vexing problems.   See Philadelphia v. New Jersey, 437 U.S. 617, 630, 98 S.Ct. 2531, 57 L.Ed.2d 475 (1978) (Rehnquist, J., dissenting).   We may assume that Puerto Rico’s purpose in enacting Law 171 was to serve the best interests of all its citizens.   But no matter how laudatory its purpose, “it may not be accomplished by discriminating against articles of commerce coming from outside the [Commonwealth] unless there is some reason, apart from their origin, to treat them differently.”   Id. at 626-27, 98 S.Ct. 2531.2  In Philadelphia, the Supreme Court struck down a New Jersey statute that prohibited the importation of waste originating out of state.   The crucial question, the Court said, was whether the statute was “basically a protectionist measure, or whether it can fairly be viewed as a law directed to legitimate local concerns, with effects upon interstate commerce that are only incidental.”   Id. at 624, 98 S.Ct. 2531.   To answer that question, the Court saw no need to resolve the dispute between the parties whether the purpose was to serve parochial economic interests or to save the environment for “the evil of protectionism can reside in legislative means as well as legislative ends.”   Id. at 626, 98 S.Ct. 2531.   New Jersey’s law, it held, fell within the area that the Commerce Clause puts off limits to state regulation because it “imposes on out-of-state commercial interests the full burden of conserving the State’s remaining landfill space.”   Id. at 628, 98 S.Ct. 2531.

 Puerto Rico’s legislation barring the importation of certain used tires is essentially indistinguishable from New Jersey’s.3  It, too, places the burden of conserving its landfill space on those engaged in interstate commerce, the importers of used tires.   And it is essentially indistinguishable from the Alabama statute imposing an additional disposal fee on wastes generated outside the state, struck down in Chemical Waste.   See also Fort Gratiot Sanitary Landfill, Inc. v. Michigan Dept. of Natural Resources, 504 U.S. 353, 112 S.Ct. 2019, 119 L.Ed.2d 139 (1992) (striking down statute barring disposal of solid waste generated in another county);  Trailer Marine Transport Corp. v. Rivera Vazquez, 977 F.2d 1, 10 (1st Cir.1992).   The costs associated with the required bond and the penalty upon the sale of noncomplying imported tires, moreover, resemble a tariff on goods that may be lawfully sold in the state because they are imported from another state, “[t]he paradigmatic example of a law discriminating against interstate commerce.”  West Lynn Creamery, Inc. v. Healy, 512 U.S. 186, 193, 114 S.Ct. 2205, 129 L.Ed.2d 157 (1994).   Because the Secretary has failed to come forward with a showing that Articles 5(B), 5(D) and 19(A) advance a legitimate local purpose that cannot be adequately served by reasonable nondiscriminatory alternatives, see New Energy Co. v. Limbach, 486 U.S. 269, 278, 108 S.Ct. 1803, 100 L.Ed.2d 302 (1988), they cannot withstand scrutiny under the Commerce Clause.4

UTI’S CROSS-APPEAL

 UTI cross-appeals from the district court’s denial of injunctive relief against enforcement of Articles 6 and 17.   We review the denial of a preliminary injunction for abuse of discretion.   See Ross-Simons of Warwick, Inc. v. Baccarat, Inc., 102 F.3d 12, 16 (1st Cir.1996).   The appealing party “bears the considerable burden of demonstrating that the District Court flouted” the four-part test for preliminary injunctive relief.   E.E.O.C. v. Astra USA, Inc., 94 F.3d 738, 743 (1st Cir.1996).   That test requires plaintiff to show probability of success on the merits as well as irreparable injury, the balance of harm tipping in plaintiff’s favor, and absence of adverse effect on the public interest.   See, e.g., Starlight Sugar, Inc. v. Soto, 114 F.3d 330, 331 (1st Cir.1997).

 Article 6 imposes a charge on each imported tire, whether new or used, varying with the dimension of the wheel rim.   The revenue received from this charge is placed in an Adequate Disposal Tire Handling Fund, created under Article 17, to subsidize the cost of processing and recycling used tires.   The district court held that Article 6 does not discriminate against interstate commerce because the charge is imposed on all tires entering Puerto Rico, no tires being manufactured in Puerto Rico. See Exxon Corp. v. Governor of Maryland, 437 U.S. 117, 125, 98 S.Ct. 2207, 57 L.Ed.2d 91 (1978).   UTI argues that the charge discriminates because it is not imposed on locally-generated tires.   Those tires, of course, pay the charge when they enter Puerto Rico as new tires.   The district court found that those tires nevertheless enjoy an economic advantage because the charge is not passed on in the price of locally-generated used tires.   Whatever the basis for that finding, we find nothing discriminatory in a one-time charge imposed on the importation of every tire, new or used.   The only used tires that may enjoy an advantage are those that were imported new or used before Law 171 became effective (some of which were presumably imported by UTI).   But their advantage is temporary and is the result, not of discrimination, but, rather, of the inevitable phasing in of the new law.   Because we find that Article 6 “regulates evenhandedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental,” Pike v. Bruce Church, Inc., 397 U.S. 137, 142, 90 S.Ct. 844, 25 L.Ed.2d 174 (1970), we affirm the district court’s ruling denying injunctive relief.

 Article 17(A)(1) provides for the distribution out of the Adequate Disposal Tire Handling Fund of the revenue derived from the import charge.   Out of the revenue collected, handlers of tires to be processed or recycled in Puerto Rico are to receive a maximum of 91% of the handling and disposal fee and exporters up to 46%.   UTI contends that this provision facially discriminates against tire exporters.   The district court found, and it is not disputed, that UTI is not a scrap tire exporter and thus not hurt by the law.   Accordingly, it lacks standing to attack this article.   See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992).

UTI seeks to avoid its disability by arguing that Article 17 together with Article 6 create a tax-subsidy program similar to that found to be invalid in West Lynn Creamery, Inc. v. Healy, 512 U.S. 186, 114 S.Ct. 2205, 129 L.Ed.2d 157 (1994).  West Lynn struck down a Massachusetts milk pricing order which imposed an assessment on all milk sold by dealers in Massachusetts, two-thirds of which came from out of state, and then distributed all of it to Massachusetts dairy farmers.   Even though the assessment and the subsidy, separately, could be lawfully enacted, together they constituted a scheme under which out-of-state producers were required to subsidize competition by local high cost dairy farmers, neutralizing advantages possessed by lower cost out-of-state producers.   Id. at 194, 114 S.Ct. 2205.   The Puerto Rico import charge is distinguishable because it does not subsidize local dealers at the expense of those engaged in interstate commerce.5

CONCLUSION

We therefore AFFIRM the district court’s order respecting injunctive relief.

FOOTNOTES

1.  Because no new tires are manufactured in Puerto Rico, all new tires are imported along with used tires.   New tires in due course enter the local trade as locally-generated used tires when they are taken in trade-in or bought for resale by local tire dealers.   At that point, they compete with imported used tires.

2.  “Puerto Rico is subject to the constraints of the dormant Commerce Clause doctrine in the same fashion as the states.”  Trailer Marine Transport Corp. v. Rivera Vázquez, 977 F.2d 1, 7 (1st Cir.1992).

3.  The Secretary urges us to apply the balancing analysis explicated in Pike v. Bruce Church, Inc., 397 U.S. 137, 142, 90 S.Ct. 844, 25 L.Ed.2d 174 (1970).   That analysis-weighing burdens against benefits-is inapposite, however, because this is not a law that “regulates evenhandedly to effectuate a legitimate local public interest” whose “effects on interstate commerce are only incidental.”   Id. at 142, 90 S.Ct. 844.   While we do not doubt the benefits to Puerto Rico’s citizens from extending the useful life of their landfills, the Philadelphia line of cases teaches that the Commerce Clause does not permit those benefits to be achieved at the expense of interstate commerce through discriminatory legislative means.

4.  Severability is not an issue.   Article 22 states:  “The provisions of this Act are independent from one another, and should any of its provisions be declared unconstitutional ․ the decision ․ shall not affect or invalidate any of the remaining provisions, unless the Court’s decision so state[s] expressly.”

5.  The foregoing discussion sufficiently disposes of UTI’s claim that Articles 6 and 17 violate the due process and equal protection clauses.

SCHWARZER, Senior District Judge.

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