§ 34-803. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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 pyrolysis of waste tires, chips or similar materials.

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 mechanisms must be either performance bonds or letters of credit.

Governing authority means Fulton County ("county"), its board of commissioners, and where delegated by the board of commissioners, the directors of the county's department of public works, and the department of the environment and community development.

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, processor, or disposer approved by the environmental protection division (EPD).

Mixed tires means a heterogeneous group of tires consisting of used, retreadable casings, and scrap tires.

New replacement tires include, but are not limited to, automobile, truck, heavy equipment, motor bike, boat and other trailers, aircraft and recreational vehicles.

Person shall mean the State of Georgia or any other state or any agency or institution thereof, and any municipality, county, political subdivision, public or private corporation, solid waste authority, special district empowered to engage in solid waste management activities, individual, partnership, association or other entity in Georgia or any other state. This term also includes any officer or governing or managing body of any municipality, political subdivision, solid waste authority, special district empowered to engage in solid waste activities, or public or private corporation in Georgia or any other state. This term also includes employees, departments, and agencies of the federal government.

Recycled means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

Retail tire dealer means a person actively engaged in the business of selling new tires. Retail tire dealers may also be, but are not limited to, manufacturers, wholesalers, and others who sell new tires to the ultimate consumer.

Retreadable casing means a tire which has the quality and soundness of the tire structure to accept a retread or repair and provide additional service and is designed for retreading.

Reused tire means use of tires for purposes, approved by the EPD, other than intended, such as playground equipment, offshore reefs, erosion control, etc.

Scrap tire means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.

Scrap tire carrier means any person engaged in picking up or transporting scrap tires not otherwise exempted for the purpose of removal to a scrap tire processor, end user, or disposal facility.

Scrap tire generator means any person who generates scrap tires. Generators may include, but not limited to, retail tire dealers, retreaders, scrap tire processors, automobile dealers, private company vehicle maintenance shops, garages, service stations.

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). Processing includes, but is not limited to, shredding, chopping, chipping, baling, splitting, recycling, or sorting of scrap tires.

Scrap tire processor means any person who is approved by the EPD to receive scrap tires from scrap tire generators or scrap tire carriers for the purpose of scrap tire processing.

Scrap tire sold means the generator or processor of scrap tires received consideration or compensation for the material because of its inherent value.

Scrap tire sorter means any person, other than the original scrap tire generators, who handles mixed tires by separating used tires and retreadable casing from scrap tires.

Solid waste means any garbage or refuse; sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility; and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operation materials; solid or dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. Section 1342; or source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended (68 Stat. 923).

State waters means any [and] all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation.

Tire means a continuous solid or pneumatic rubber covering designed for encircling the wheel of a motor vehicle and which is attached to neither the motor vehicle nor a part of the motor vehicle as original equipment.

Tire handling business means persons whose income is at least partially derived from the sale, processing, transporting, or disposal of tires.

Tire retreader means any person 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.

Ultimate consumer means the last person who receives and uses a new replacement tire. Ultimate consumers may be, but are not limited to:

(1)

An individual;

(2)

A leasing company purchasing tires from retail dealers for their vehicle fleet;

(3)

A private company purchasing tires from retail dealers for their vehicle fleet;

(4)

A governmental agency.

Used tire means a tire which has a minimum of two-thirty-seconds of an inch of road tread and which is still suitable for its original purpose. It must be inventoried and marketed in substantially the same fashion as a new tire, the dealer must be able to provide satisfactory evidence to the governing authority that a market exists, and the used tires are, in fact, being marketed.

(Res. No. 01-0279, § 3, 2-21-01; Ord. No. 18-0340, Att. A, 5-16-18)