§ 74-54. Disposal of waste tires.

(a)

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

(1)

Waste tire generator. Any dealer in automobile, motorcycle, heavy equipment or truck tires; filling station; garage or other business that sells new or used tires and which retains the customer's used tire after replacement.

(2)

Waste tire. Any automobile, motorcycle, heavy equipment or truck tire retained by a waste tire generator after having replaced a customer's tire with a new or used tire.

(3)

Permitted disposal facility. Any facility which is permitted by the state department of natural resources, environmental protection division, for the treatment, utilization, processing or disposition of solid waste.

(4)

Recapping facility. Any facility which remanufactures waste tires for reuse.

(5)

Waste tire hauler. Any person, who transports waste tires for hire.

(b)

All waste tire generators and waste tire haulers shall dispose of all waste tires at a permitted disposal facility or recapping facility. All waste tire generators shall remove, or cause to be removed, all waste tires from their business premises at least once each month.

(c)

Each waste tire generator and waste tire hauler shall be required to keep adequate records to document their compliance with subsection (b) of this section, including the name of the company or person removing the tires, the date removed, the number of tires removed and the final disposal site of such tires. The business premises of each waste tire generator and the records required by this section shall be subject to inspection by the city marshal at any time such business is open to the public.

(d)

It shall be unlawful for any person to violate any of the requirements of this section. Every person convicted in municipal court of a violation of this section shall be subject to a minimum fine of $300.00.

(Code 1986, § 9-29)