GA Code § 12-8-40.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 2 - Solid Waste Management|Part 1 - General Provisions|§ 12-8-40.1. (Effective Until July 1, 2022.) Tire Disposal Restrictions; Fees

  Effective July 1, 1990, each city, county, or solid waste management authority shall have the right to impose certain restrictions on scrap tires originating in or which may ultimately be disposed of in its area of jurisdiction. These restrictions may include but are not limited to:   A ban on the disposal of scrap tires at solid waste disposal facilities within its control; and   A requirement that scrap tires be recycled, shredded, chopped, or otherwise processed in an environmentally sound manner prior to disposal at solid waste disposal facilities owned or operated by the city, county, or authority.     After December 31, 1994, no person may dispose of scrap tires in a solid waste landfill unless the scrap tires are shredded, chopped, or chipped in accordance with standards established by the board and:   The director finds that the reuse or recycling of scrap tires is not economically feasible;   The scrap tires are received from a municipal solid waste collector holding a valid solid waste collection permit under authority of this part and who transports fewer than ten scrap tires at any one time; or   The scrap tires are received from a person transporting fewer than five scrap tires in combination with the person's own solid waste for disposal.       No person shall collect or transport any tires, other than new tires, unless the person:   Obtains a tire carrier permit issued by the division; and   Displays on each vehicle used to collect or transport tires a decal issued by the division; provided, however, that this subparagraph shall not apply to a common carrier that collects tires exclusively from outside this state and transports them directly to a scrap tire processor or end user within this state.     As a condition of holding a permit to collect or transport tires, each permitted person shall:   Report to the division in such manner and with such frequency as the division shall require the number of tires transported and the manner of disposition;   Maintain financial assurance in accordance with subsection (l) of this Code section;   Submit such other data as is determined by the board to be reasonably necessary to protect public health and the environment; and   Pay to the division a nominal fee for each decal issued.  (c.1)No person shall process scrap tires unless the person has a scrap tire processing permit issued by the division. For purposes of this subsection, the term "process scrap tires" means any method, system, or other treatment designed to change the physical form, size, or chemical content of scrap tires for beneficial use.        Subsection (c) of this Code section shall not apply to:   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;   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;   A company transporting the company's own tires to a scrap tire processor or end user or for proper disposal;   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;   Any person transporting tires collected as part of an organized site cleanup activity; and   The United States, the State of Georgia, any county, municipality, or public authority.     After July 1, 1992, any person who generates scrap tires shall:   Notify the division of such activities, requesting the issuance of an identification number, which number shall be used on scrap tire shipment manifests;   Have the scrap tires collected and transported by persons in compliance with subsection (c) of this Code section;   Maintain receipts indicating the disposition of the scrap tires;   Maintain receipts indicating the permit number and name of the tire carrier to whom the tires were given;   Maintain receipts indicating the disposal site or processing facility where the scrap tires were taken including the date of such disposal and the number of scrap tires; and   Provide such other information as the board shall require and for such period of time as the board deems appropriate.     No person may store more than 25 scrap tires anywhere in this state. Any person storing in excess of 25 scrap tires shall be deemed to be in violation of this part.   Subsection (f) of this Code section shall not apply to any of the following:   A solid waste disposal site permitted by the division if the permit authorizes the storage of scrap tires prior to their disposal;   A tire retailer or a publicly owned vehicle maintenance facility with not more than 1,500 scrap tires in storage;   A tire retreader with not more than 3,000 scrap tires in storage so long as the scrap tires are of the type the retreader is actively retreading;   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   A scrap tire processor approved by the division so long as the number of scrap tires in storage do not exceed the quantity approved by the division  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; provided, however, that the division may grant a waiver of the enclosure requirement if the person requesting the waiver can definitively show a significant and unique economic hardship which impairs such person's ability to continue operating his or her business.        A fee is imposed upon the retail sale of all new replacement tires in this state of $1.00 per tire sold. The fee shall be collected by retail dealers at the time the retail dealer sells a new replacement tire to the ultimate consumer; provided, however, that a Georgia tire distributor who sells tires to retail dealers must collect such fees from any retail dealer who does not have a valid scrap tire generator identification number issued by the division. The fee and any required reports shall be remitted not less than quarterly on such forms as may be prescribed by the division. The division is authorized to contract with the Department of Revenue to, and the Department of Revenue is authorized to, collect such fees on behalf of the division. All fees received shall be deposited into the state treasury to the account of the general fund in accordance with the provisions of Code Section 45-12-92. All moneys deposited into the solid waste trust fund shall be deemed expended and contractually obligated and shall not lapse to the general fund.   In collecting, reporting, and paying the fees due under this subsection, each distributor or retailer shall be allowed the following deductions, but only if the amount due was not delinquent at the time of payment:   A deduction of 3 percent of the first $3,000.00 of the total amount of all fees reported due on such report; and   A deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the total amount of all fees reported due on such report.     The tire fees authorized in this subsection shall cease to be collected on June 30, 2025. The director shall make an annual report to the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee regarding the status of the activities funded by the solid waste trust fund.   The fee amount provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2.       The division may abate any threat or potential threat to public health or the environment created or which could be created by scrap tires or other scrap tire materials by removing or processing the scrap tires or other scrap tire materials. Before taking any action to abate the threat or potential threat, the division shall give any person having the care, custody, or control of the scrap tires or materials or owning the property upon which the scrap tires or materials are located notice of the division's intentions and order the responsible party to abate the threat or potential threat in a manner approved by the division. Such order shall be issued in accordance with Code Section 12-8-30.   If the responsible party is unable or unwilling to comply with such order or if no person who has contributed or is contributing to the scrap tires or scrap tire materials which are to be abated can be found, the director may undertake cleanup of the site utilizing funds from the solid waste trust fund.   The division or its contractors may enter upon the property of any person at such time and in such manner as deemed necessary to effectuate the necessary corrective action to protect human health and the environment.   Neither the State of Georgia nor the solid waste trust fund established in Code Section 12-8-27.1 shall be liable for any loss of business, damages, or taking of property associated with the corrective action.   The division may bring an action or proceeding against the property owner or the person having possession, care, custody, or control of the scrap tires or other scrap tire materials to enforce the corrective action order issued under Code Section 12-8-30 and recover any reasonable and necessary expenses incurred by the division for corrective action, including administrative and legal expenses. The division's certification of expenses shall be prima-facie evidence that the expenses are reasonable and necessary. Notwithstanding any other provision of this subsection, any generator of scrap tires who is identified as being a contributor to the materials which are the object of the abatement and who can document that he or she has fully complied with this part and all rules promulgated pursuant to this part in disposing of such scrap tires shall not be liable for any of the cost of recovery actions of the abatement.   Nothing in this part shall affect the right of any municipality or county to abate or clean up scrap tires or scrap tire materials which are a threat or potential threat to human health or the environment. The division may reimburse such local governments for such actions in accordance with procedures approved by the board.     Except for the purposes of scrap tire corrective actions, the provisions of this Code section do not apply to:   Tires with a rim size less than 12 inches;   Tires from:   Any device moved exclusively by human power; or   Any device used exclusively for agricultural purposes, except a farm truck; or     A retreadable casing while under the control of a tire retreader or while being delivered to a retreader.     The director shall be authorized to order the cessation of operation of any tire carrier or scrap tire processor who is found not to be operating in compliance with this part or rules adopted pursuant to this part and the seizure of all property used in such unlawful operations; provided, however, that the tire carrier or scrap tire processor shall be afforded a hearing within 48 hours before an administrative law judge of the Department of Natural Resources upon such order of the director.     A surety bond shall be provided to the director by a tire carrier or scrap tire processor prior to issuance of a permit to ensure compliance with the provisions of this part.   The bond required in this subsection shall be:   Conditioned upon compliance with this part, any rules adopted pursuant to this part, and the carrier's or processor's permit; and   In such amount as determined by the director necessary to ensure compliance, but in any event not less than $10,000.00 nor greater than $20,000.00.     Such bond shall be payable to the director and issued by an insurance company authorized to issue such bonds in this state.   Upon a determination by the director that a tire carrier or scrap tire processor has failed to meet the provisions of this part, rules promulgated pursuant to this part, or its permit, the director may, after written notice of such failure:   Forfeit or draw that amount of such bond that the director determines necessary to correct the violation;   Expend such amount for such purposes; and   Require the replacement of that amount of such bond forfeited or drawn upon.     Any moneys received by the director in accordance with paragraph (4) of this subsection shall be deposited into the solid waste trust fund established in Code Section 12-8-27.1.      (g.1)Subsection (f) of this Code section shall not apply to a farm with not more than 100 scrap tires in storage or in use for agricultural purposes. In addition, the division may grant waivers to allow the storage or use of more than 100 scrap tires for agricultural purposes if such storage or use does not pose a threat to human health or the environment.    (Code 1981, §12-8-40.1, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 3259, § 7; Ga. L. 1993, p. 399, §§ 11-14; Ga. L. 1997, p. 1081, § 4; Ga. L. 1999, p. 780, § 1; Ga. L. 2005, p. 1247, §§ 9, 10, 11, 12/SB 122; Ga. L. 2008, p. 287, § 1/SB 399; Ga. L. 2011, p. 283, § 3/HB 274; Ga. L. 2013, p. 274, § 5/HB 226; Ga. L. 2013, p. 856, § 2/HB 276; Ga. L. 2014, p. 230, § 1/HB 908; Ga. L. 2019, p. 261, § 2/HB 220; Ga. L. 2020, p. 25, § 3/SB 123.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1992, "were" was substituted for "where" in paragraph (e)(4).   Pursuant to Code Section 28-9-5, in 1996, "one-half" was substituted for the fraction "1/2" in subparagraph (h)(2)(B).   Law reviews.   - For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 165 (2011). For article, "Conservation and Natural Resources: Waste Management," see 28 Ga. St. U.L. Rev. 165 (2011).   JUDICIAL DECISIONS   Seller not liable for buried tires on property.    - In a dispute between a buyer and seller of property arising out of the presence of old tires buried in pits on the property, judgment for the buyer was reversed because the seller only warranted that the seller had not taken any action to violate the law regarding the property, and the buyer admitted that the seller had not dumped the tires and was not aware of the tires. Rivers v. Revington Glen Investments, LLC, 346 Ga. App. 440, 816 S.E.2d 406 (2018).