Atlanta |
Code of Ordinances |
Part II. CODE OF ORDINANCES—GENERAL ORDINANCES |
Chapter 130. SOLID WASTE MANAGEMENT |
Article II. SCRAP TIRE ENFORCEMENT |
§ 130-31. Definitions.
(a)
Dumping means to abandon, dispose of, throw, discard, place, deposit, discharge, bury, or burn.
(b)
End user means the last person who uses the scrap tires, chips, crumb rubber, or similar materials to make a product with economic value, or in the case of energy recovery, the person who utilizes the heat content or other forms of energy from the incineration or decomposition of scrap tires, chips, or similar materials.
(c)
Financial assurance means a mechanism designed to demonstrate that funds will be available to ensure compliance with statutory/regulatory and permit requirements of scrap tire carriers. The financial assurance mechanisms must be either performance bonds or letters of credit.
(d)
Manifest means a form or document used for identifying the quantity and composition and the origin, routing, and destination of scrap tires during transportation from the point of generation through any intermediate points to an end user, scrap tire processor, sorter, or disposal facility approved by the Environmental Protection Division of the Georgia Department of Natural Resources ("EPD").
(e)
New replacement tires include, but are not limited to, tires for automobiles, trucks, heavy equipment, motorbikes, boats and other trailers, aircraft, and recreational vehicles.
(f)
Recycled means any process by which materials that would otherwise become solid waste are collected, separated, or processed to be reused or returned to use in the form of raw materials or products.
(g)
Retail tire dealer means a person or business entity actively engaged in the business of selling new and/or used tires and may also be, but is not limited to, manufacturers, wholesalers, and others who sell new and/or used tires to the ultimate consumer.
(h)
Retreadable casing means a tire that retains such quality and soundness of the tire structure that it can accept a retread or repair and provide additional service, and that is destined for retreading. It is a rebuttable presumption that non-new tires are scrap tires and not retreadable casings.
(i)
Scrap tire means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.
(j)
Scrap tire carrier means any person or business entity that is engaged in picking up or transporting scrap and/or used tires for the purpose of removal to an end user, scrap tire processor, sorter, or disposal facility, and that is currently required under Georgia state law to obtain and possess an EPD scrap tire carrier permit.
(k)
Scrap tire generator means any person or business entity that generates scrap tires and that is required under Georgia state law to obtain and possess an EPD scrap tire generator permit. Scrap tire generators may include, but are not limited to, retail tire dealers, scrap tire processors, automobile dealers, private company vehicle maintenance shops, garages, and service stations.
(l)
Scrap tire processing means any method, system, or other treatment designed to change the physical form, size, or chemical content of scrap tires and includes all aspects of its management (administration, personnel, land, equipment, building, and other elements). Scrap tire processing includes, but is not limited to, shredding, chopping, chipping, baling, splitting, recycling, and sorting of scrap tires.
(m)
Scrap tire processor means any person or business entity that receives scrap tires from scrap tire generators or scrap tire carriers for the purpose of scrap tire processing.
(n)
Storage means the act of storing tires or the state of being stored on private property.
(o)
Store means to accumulate, amass, garner, hive, layup, or stockpile.
(p)
Tire means a continuous solid or pneumatic rubber covering designed for encircling the wheel of a motor vehicle that is neither attached to the motor vehicle nor a part of the motor vehicle as original equipment.
(q)
Tire handling business means any person or business entity whose income is at least partially derived from the sale, processing, transporting, or disposal of tires.
(r)
Tire retreader means any person or business entity actively engaged in the business of retreading scrap tires by scarifying the surface to remove the old surface tread and attaching a new tread to make a usable tire.
(s)
Ultimate consumer means the last person who receives and uses a new or used replacement tire. Ultimate consumers may be, but are not limited to:
(1)
Individuals,
(2)
Leasing companies purchasing tires from retail dealers for their vehicle fleet;
(3)
Private companies purchasing tires from retail dealers for their vehicle fleet; or
(4)
Governmental agencies.
(t)
Used tire means a tire which has a minimum of 2/32 -inch of road tread and which is still suitable for its original purpose but is no longer new. A tire retailer shall inventory and market used tires in substantially the same fashion as a new tire and be; able to provide satisfactory evidence to the EPD that a market for the tire exists and the tire is in fact being marketed as a used tire. A used tire shall not be considered solid waste.
(Ord. No. 2012-53(12-O-0357), § 2, 12-12-12, eff. 4-1-13; Ord. No. 2014-33(14-O-1329), § 1, 7-16-14 )