§ 34-805. Scrap tire management.

This article 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. It is not, however, the intent of this article to regulate, authorize, or review any permits required by the EPD for scrap tire management in accordance with the provisions of O.C.G.A. 12-8-20 et seq. or the Rules for Solid Waste Management, Georgia Rules and Regulations Chapter 391-3-4.

(1)

Retail tire dealers enforcement.

a.

Pursuant to Rules for Solid Waste Management, Georgia Rules and Regulations Chapter 391-3-4-19, retail tire dealers will be required to keep accurate records and report to the EPD on a quarterly basis the number of new replacement tires sold at the facility and the amount of fees collected.

b.

Reports and fees shall be filed by the 30th day of January, April, July and October of each year, covering the period for the preceding quarter. The county will conduct retail facility inspections to ensure that the appropriate records and reports detailing the number of new replacement tires sold and the amount of fees collected are maintained on file at the facility in question.

(2)

Scrap tire generators enforcement.

a.

It shall be the responsibility of scrap tire generators to maintain a scrap tire generator identification number (ID#) issued by the EPD. The ID# shall be used on all scrap tire shipment manifests. Separate ID#'s shall be required for generators with multiple generation locations.

b.

The county will be responsible for examining the generator-produced manifest which indicates that the generated scrap tires have been transported to an end user or to a scrap tire processing facility or disposal facility approved by the EPD. The manifest will be examined for the following information:

1.

Name and ID number of the generator;

2.

Number or total tons (accurate to within ten percent of the actual number) of scrap tires to be transported;

3.

Name and permit number of the scrap tire carrier;

4.

Date of transport; and

5.

The destination of scrap tires.

c.

Generators of scrap tires shall maintain copies of completed manifest records for three years.

d.

Unless otherwise approved in writing by EPD, generators shall assure that any person collecting and transporting their scrap tires hold a valid scrap tire carrier permit issued by the EPD, provided, however, that a person who generates less than 100 tires per month and who transport only their own scrap tires to approved end users, processors, recyclers, or disposers are not required to have a scrap tire carrier permit, but must comply with all other provisions required of generators and scrap tire carriers.

e.

A generator shall report to the EPD any carrier who fails to return a properly completed manifest to the generator within 30 days of scrap tire pickup as provided for in paragraph (3)e. of this rule. Such report shall be filed within 30 days of failure of the carrier to comply.

f.

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 generator fails to sort or delineate which tires are "used," "retreadable casings," or "scrap tires," then all tires transported shall be considered scrap tires and must be thusly indicated on the shipment manifest.

(3)

Scrap tire carriers enforcement.

a.

The county will inspect scrap tire carriers to determine if the entity collecting or transporting scrap tires has been issued a scrap tire carrier permit and proper financial assurances.

b.

Scrap tire carriers will be inspected to determine if transported scrap tires were properly manifested and if the documentation indicates that the scrap tires were transported to an EPD approved end user, recycler, processor, sorter, or disposer.

c.

Carriers shall maintain financial assurance in the form of a performance bond or letter of credit using EPD provided forms. The financial assurance will be maintained according to the following criteria:

1.

$5,000.00 for carriers transporting up to 500 scrap tires per month.

2.

$10,000.00 for carriers transporting more than 500 scrap tires per month.

d.

It will be the responsibility of the county to review documentation maintained by the carriers to ensure that the quarterly reports required by the EPD include the number of scrap tires transported and the manner of the scrap tire disposition. Reports shall be filed with the EPD by the 1st day of May, August, October, and February, covering the reporting period for the preceding quarter.

e.

The county will also be responsible for reviewing carrier records to determine if the carriers have returned a completed copy of the manifest to the scrap tire generator within 30 days from the date on which the carrier took possession of the scrap tires, which shall be indicated on the manifest.

f.

The following persons will be exempt from being required to have a scrap tire carrier permit:

1.

Scrap tire generators who transport scrap tires only between their own branch office locations;

2.

Persons carrying only used tires or retreadable casings;

3.

A tire retailer or tire retreader transporting tires to or from a customer's place of operation or between branch offices of the tire retailer or tire retreader;

4.

A municipal solid waste collector holding a valid solid waste collection permit under authority of this part whose primary business is the collection of municipal solid waste;

5.

A private individual transporting the individual's own scrap tires to a processor, permitted disposal facility, or other facility approved by the EPD;

6.

A company transporting the company's own tires to a processor or for proper disposal, which company is not in the tire handling business; or a company in the tire handling business who transports only their own scrap tires and which company generates less than 100 scrap tires per month. However, all other applicable provisions of this article shall be followed, except that the generator shall not be required to report quarterly as provided in paragraph (3)d. of this section; and

7.

Other persons approved by the EPD on a one time or temporary basis, as needed to further the intent of O.C.G.A. 12-8-20, et seq., that scrap tires be reused or recycled rather than disposed.

(4)

Scrap tire storage enforcement.

a.

The county will be responsible for ensuring that no person stores more than 100 scrap tires anywhere in unincorporated Fulton County. Any persons storing more than 100 scrap tires will be deemed to be in violation of this article and the EPD's Rules for Solid Waste Management. The referenced storage rule will not apply to the following:

1.

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

2.

A tire retailer with not more than 3,000 scrap tires in storage, if such retailer submits the reports required under paragraph (1)a. of this section;

3.

Tire retreaders with no more than 3,000 scrap tires in storage as long as the scrap tires are of the type the retreader is actively retreading;

4.

Auto salvage yards with no more than 500 scrap tires in storage; and

5.

Scrap tire processors approved by the EPD as long as the number of scrap tires in storage does not exceed the quantity approved by the EPD.

b.

EPD-approved scrap tire storage facilities shall be required to maintain all generated scrap tires in secured areas with restrictive access to prevent theft or the potential for scrap tires to be removed from the facility and improperly disposed.

(5)

Enforcement of approved processing, sorting, and disposal facilities.

a.

Scrap tire processing facilities. EPD approved scrap tire processing facilities within the unincorporated county shall be inspected for conformance with the following:

1.

Scrap tires maintained indoors at processing facilities will be managed under conditions to satisfy "The Standard for Storage of Rubber Tires," National Fire Protection Association 231D-1986 edition, published by the National Fire Protection Association, Battery March Park, Quincy, Massachusetts, and any of its updated editions published thereafter.

2.

Scrap tires staged outdoors will be inspected to ensure compliance with the following:

i.

Piles of tires are no greater than 50-feet wide, 15-feet high, and do not exceed 10,000 square feet in area.

ii.

A 50-foot wide fire lane is present around the perimeter of each scrap tire pile and without obstruction. In the event of fire, the owner or operator of the facility shall immediately take all necessary steps to control and extinguish the fire, including all oil and other residue created by the fire.

iii.

Mosquitoes and rodents are controlled to protect public health and welfare.

3.

Approved processors staging scrap tires indoors or outdoors shall be inspected by the county to ensure that:

i.

No operations involving open flames will be conducted within 25 feet of a scrap tire pile;

ii.

Approach and access roads to the facility are passable for motor vehicles at all times;

iii.

The facility is secured with gates, fences, or other means;

iv.

An attendant is present at the processing facilities during business hours when scrap tires are received from persons other than the operator of the facility;

v.

Adequate protection is provided at the processing facility to prevent liquid runoff from a potential tire fire from entering state waters;

vi.

Fire protection services for the facility will be assured through notification to local fire protection authorities and that a fire safety survey will be conducted;

vii.

Communication equipment is maintained in working condition, to ensure that the facility operator can contact local fire protection authorities;

viii.

The processing facility is free of long grass, underbrush, and other potentially flammable vegetation; and

ix.

That an updated emergency preparedness manual is maintained at the processing facility, which lists emergency response equipment at the facility, its location, and how such equipment should be used; defines procedures to be followed in the event of a fire or other emergency; and lists the names and telephone numbers of contact persons in the event of a fire, flood, or other emergency.

4.

All residuals from scrap tire processing must be managed and contained on the site and properly disposed of in a permitted solid waste handling facility or be properly recycled.

5.

A scrap tire processing facility may not accept any scrap tires for processing if it has reached its approved or permitted staging limit. At least 75 percent of both the scrap and processed tires that are accumulated by the scrap tire processing facility each calendar quarter and 75 percent by weight or volume of all scrap tires previously received and not recycled, reused or properly disposed during the preceding calendar quarter must be processed and removed from the facility for disposal or recycling from the facility during the quarter or disposed of in a permitted solid waste handling facility.

6.

Owners or operators of EPD approved scrap tire processing facilities shall maintain for three years records that will be available for review by during normal business hours by the county or the EPD. The records shall include the following information:

i.

For all scrap tires received and processed tires shipped from the facility, the name and scrap tire carrier permit number of the scrap tire carrier who accepted the scrap or processed tires for transport, the quantity of scrap or processed tires shipped with that carrier, and the place the scrap or processed tires were deposited.

ii.

For all scrap and processed tires received at the facility, the name and scrap tire carrier permit number of the carrier who delivered the scrap or processed tires to the facility, the quantity or weight of scrap or processed tires received from that carrier, and, if more than five scrap tires were delivered by a person who is not a scrap tire carrier, the number of tires delivered and the person's name, address, and telephone number.

iii.

For all scrap tires removed for reuse or retreading, the quantity and type removed and the name and location of the user receiving the tires.

7.

A quarterly report summarizing the information collected under paragraph 6. shall be submitted to the EPD on a quarterly basis and reviewed by the county during its inspection. At a minimum, the following information will be included in the report:

i.

The facility name, address, and permit or ID number;

ii.

The quarter covered by the report;

iii.

The total quantity of scrap or processed tires received at the facility during the period covered by the report;

iv.

The total quantity of scrap tires, processed tires, tire residuals, and saleable used tires shipped from the facility during the period covered by the report; and

v.

The net of scrap or processed tires remaining on site.

8.

Scrap tire processors will also be inspected to ensure that equipment used to process scrap tires will be operable prior to acceptance of scrap tires for processing.

b.

Scrap tire sorting operations. Persons engaged in sorting mixed tires into separate groups (used tires, retreadable casing tires, scrap tires) must meet the requirements of paragraph (5)a. of this section. However, in lieu of the 75 percent recycled, used or reused provision, the person sorting mixed tires shall: (1) hold no more than 3,000 mixed tires prior to sorting; and (2) hold no more than 3,000 scrap tires for consolidated transport to their final destination. Persons engaged in sorting mixed tires shall also: (1) obtain a scrap tire generator identification number issued by the EPD; (2) assure that scrap tires are transported to a scrap tire end user or recycler, processor, or disposal facility; and (3) comply with all other provisions applicable to scrap tire generators and processors.

c.

Scrap tire disposal operations. All solid waste disposal facilities (landfills and thermal treatment technology facilities) having a valid solid waste handling permit issued by the EPD are approved to receive scrap tires except as provided in O.C.G.A. 12-8-40-1(b) and any amendments thereafter.

(6)

Reuse and recycling of scrap tires. The county shall enforce criteria to determine if scrap tires are being reused or recycled. The criteria to be reviewed and enforced are as follows:

a.

Scrap tires or processed scrap tires must have a known use, reuse, or recycling potential; must be feasibly used, reused, or recycled; and must have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling whether or not requiring subsequent separation and processing.

b.

Scrap tires or processed scrap tires are not accumulated speculatively if the person accumulating them can show there is a known use, reuse, or recycling potential for them, that they can be feasibly sold, used, reused, or recycled, and during the preceding 90 days, the amount of scrap tires or processed scrap tires recycled, sold, used, or reused equals at least 75 percent by weight or volume of the tires received during the 90-day period.

c.

Proof of recycling, sale, use, or reuse of scrap tires shall be provided in the form of bills of sale or other records showing adequate proof of movement of the scrap tires in question to a recognized recycling facility or for proper use or reuse from the accumulation point. Proof must be provided that there is a known market or disposition for the scrap tires or processed scrap tires and must show that the person has the necessary equipment to do so prior to receiving scrap tires for processing.

d.

A scrap tire is sold if the generator of the scrap tire or the person who processed the scrap tire received consideration or compensation for the material because of inherent value.

e.

A scrap tire is "used, reused or recycled" if it is either:

1.

Employed as an ingredient (including use as an intermediate) in a process to make a product (for example, utilizing crumb rubber to make rubber-asphalt). The county may encourage the use of crumb rubber modified asphalt in future contracts in which the county funds surface transportation improvements including, paving of new roads, resurfacing existing roads or both, if it is determined to be cost effective. In addition, the county may require the use of crumb rubber modified asphalt in future projects constructed without county funding participation;

2.

Employed in a particular function or application as an effective substitute for a commercial product (for example, utilizing shredded tires as a substitute for fuel oil, natural gas, coal, or wood in a boiler or industrial furnace) as long as such substitution does not pose a threat to human health or the environment, and so long as the facility is not a solid waste thermal treatment technology facility or utilizing shredded tires as a soil amendment, aggregate, etc.; and

3.

Reused for its original intended purpose as a used tire or reused for other purposes approved by the EPD, such as playground equipment, offshore reefs, erosion control, etc.

(Res. No. 01-0279, § 5, 2-21-01)