§ 130-33. Scrap tire management.

This section is intended to apply to all persons presently engaged in or proposing to be engaged in the retail sale of new tires, used tires, and/or handling of scrap tires.

(a)

Scrap tire generator enforcement.

(1)

Scrap tire generators shall have the necessary licenses and specifications as required by Georgia state law.

(2)

Scrap tire generators shall maintain, pursuant to Georgia state law, accurate records and reports detailing the number of new and/or used replacement tires sold and the amount of fees collected, as well as receipts indicating the disposition of scrap tires. These records shall be maintained on file at the facility in question for three years and shall be made available for inspection by the City of Atlanta during normal business hours.

(3)

Scrap tire generators shall, pursuant to Georgia state law, initiate a manifest to transport scrap tires from the point of generation to an EPD approved end user, scrap tire processor, sorter, or disposal facility. The manifest shall include the following information:

a.

Name and identification number of the scrap tire generator;

b.

Number of' scrap tires or total tons [accurate to within ten percent of actual number] of scrap tires to be transported;

c.

Name and permit number of the scrap tire carrier;

d.

Date of transport; and

e.

Destination of scrap tires.

(4)

Scrap tire generators shall ensure that all scrap tires are transported to an EPD approved end user, scrap tire processor, sorter, or disposal facility, as evidenced by a completed manifest.

(5)

Unless otherwise approved in writing by the EPD, scrap tire generators shall ensure that any person collecting and transporting their scrap tires holds a valid scrap tire carrier permit issued by the EPD. However a person or business entity that generates less than 100 tires per month and that transports only its own scrap tires to EPD approved end users, scrap tire processors, sorters, or disposal facilities is not required to have a scrap tire carrier permit, but must comply with all other provisions required of scrap tire generators and scrap tire carriers.

(6)

Scrap tire generators shall maintain copies of completed manifest records for three years. Such documentation shall be made available for inspection by the City of Atlanta during normal business hours.

(7)

Scrap tire generators may choose to determine whether a tire, because of wear, damage or defect, is not suitable for classification as a used tire or retreadable casing as defined in this article. However, if a scrap tire generator fails to sort or delineate which tires are used tires, retreadable casings or scrap tires, then all tires transported shall be considered scrap tires and must be thusly indicated on the shipment manifest. It is a rebuttable presumption that non-new tires are scrap tires.

(8)

Scrap tire generators shall mark scrap tires with their EPD issued scrap tire generator number within 24 hours of receipt of the scrap tires. Each scrap tire shall be marked on the outside of the tire in a manner sufficient to provide notice of ownership. Said marking shall be at least one inch in height and shall be permanent and waterproof.

(9)

The Atlanta Police Department and/or its designee shall coordinate to conduct annual random inspections of all scrap tire generators in the City of Atlanta to ensure compliance with this article.

(b)

Scrap tire carrier enforcement.

(1)

Scrap tire carriers shall transport used and scrap tires, properly manifested, only to EPD approved end users, scrap tire processors, sorters, or disposal facilities.

(2)

No scrap tire carrier permit and no decal to be displayed on any vehicle transporting tires is required to transport used tires when the tires are transported:

a.

By a common carrier that collects tires exclusively from outside the State of Georgia and transports them directly to a scrap tire processor or end user with the State of Georgia;

b.

By a municipal solid waste collector holding a valid solid waste collection permit issued by the EPD whose primary business is the collection of municipal solid waste;

c.

By a private individual transporting no more than ten of the individual's own tires or a private individual transporting more than ten tires if such individual can provide proof of purchase with receipt for such tires;

d.

By a company transporting the company's own tires to a scrap tire processor or end user or for proper disposal;

e.

By a tire retailer transporting its own used tires if such dealer can provide proof of purchase with receipt for all used tires being transported and a document verifying the origin, route, and destination of such used tires;

f.

By any person transporting tires collected as part of an organized site cleanup activity; and

g.

By the United States, the State of Georgia, any Georgia county, municipality, or public authority.

(3)

The City of Atlanta may inspect scrap tire carriers to determine if they have been issued a scrap tire carrier permit by EPD and are in compliance with the requirements for scrap tire carriers prescribed in this article.

(4)

Scrap tire carriers shall produce to the City of Atlanta upon demand a valid scrap tire carrier permit issued by the EPD and a manifest indicating that the scrap tires have been properly manifested and are being transported, or have been delivered, to an EPD approved end user, scrap tire processor, sorter, or disposal facility.

(5)

Scrap tire carriers and scrap tire processors shall maintain financial assurance in the form of a surety bond in compliance with requirements imposed by the EPD pursuant to O.C.G.A. Section 12-8-40.1(l)(1).

(6)

The City of Atlanta shall review documentation maintained by scrap tire carriers to ensure that the quarterly reports required by the EPD include the number of scrap tires transported and the manner of scrap tire disposition.

(7)

The City of Atlanta shall review scrap tire carrier records to determine if the scrap tire carriers have returned a completed copy of the manifest to the scrap tire generators, which shall be indicated on the manifest.

(c)

Scrap tire storage enforcement.

(1)

No person may store more than 25 scrap tires anywhere in the City. Any person storing in excess of 25 scrap tires shall be deemed to be in violation of this Article. This section, however, shall not apply to any of the following:

a.

A permitted solid waste disposal site if the permit authorizes the storage of scrap tires prior to their disposal;

b.

A tire retailer or a publicly owned vehicle maintenance facility with not more than 1,500 scrap tires in storage;

c.

A tire retreader with not more than 3,000 scrap tires in storage as long as the scrap tires are of the type the retreader is actively retreading;

d.

A licensed used motor vehicle parts dealer, a registered secondary metals recycler, or a privately owned vehicle maintenance facility that operates solely for the purpose of servicing a commercial vehicle fleet with not more than 500 scrap tires in storage; and

e.

A Georgia EPD approved scrap tire processor so long as the number of scrap tires in storage do not exceed the quantity approved by the EPD if all of the scrap tires are secured in a locked enclosure or are otherwise adequately secured in a manner suitable to prevent unauthorized access. This requirement may be waived by the EPD in cases of significant and unique economic hardship which impairs a person's ability to continue operating his or her business.

(2)

It is unlawful for any person or business entity, including scrap tire generators, to store scrap tires outside of an enclosed building except in a single secured, covered, and locked container.

(3)

Where scrap tires are stored inside of an enclosed building, said building must be maintained and operated in a manner reasonably sufficient to prevent theft or the potential for scrap tires to be removed from the facility and improperly disposed of.

(Ord. No. 2012-53(12-O-0357), § 2, 12-12-12, eff. 4-1-13; Ord. No. 2014-33(14-O-1329), §§ 2—4, 7-16-14 )