FLOYD
An ordinance
defining the proper disposal of scrap tires from generation to end-use. Requirements for storage, handling,
accumulation, transportation and disposal, prescribing penalties for violations
of said Ordinance, and other purposes related thereto.
IT IS DECLARED
to be the policy of Floyd County, in furtherance of its responsibility to
protect the public health, safety, and well being of its citizens and to
protect and enhance the quality of its environment, to revise and update
existing laws, and to institute and maintain a comprehensive county-wide program
for all scrap tire management which will assure that the storage,
transportation, collection, processing and disposal of scrap tires does not
adversely affect the health, safety, and well-being of the public and does not
degrade the quality of the environment.
A. The term “dump”
means to throw, discard, place, deposit, discharge, bury, burn, or dispose of a
substance.1
B. The term “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 Georgia Environmental Protection Division
(EPD).2
C. The term “person”
means the State of Georgia or any other state or 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
D. The term “retail
tire dealer” means a person actively engaged in the business of selling new
replacement tires.1
E. The term “scrap
tire” means a tire that is no longer suitable for its original intended
purpose because of wear, damage, or defect.1
F. The term “scrap
tire carrier” means any person engaged in picking up or transporting scrap
tires not otherwise exempted in the Georgia Rules for Solid Waste Management
for the purpose of removal to a scrap tire processor, end user, or disposal
facility.1
G. The term “scrap
tire generator” means any person who generates scrap tires. Generators may include, but are not limited
to, retail tire dealers, retreaders, scrap tire processors, automobile dealers,
private company vehicle maintenance shops, garages, service stations, and city,
county, and state governments.1
H. The term “scrap
tire processor” means any person who is approved by the Environmental
Protection Division to receive scrap tires from scrap tire generators or scrap
tire carriers for the purpose of scrap tire processing.1
I. The term “scrap
tire sorter” means any person, other than the original scrap tire
generator, who handles mixed tires by separating used tires and retreadable
casings from scrap tires.1
1 – As defined in
Section 391-3-4-.19 (2) of the Georgia Rules for Solid Waste Management
A. The owner or occupant of any premises
shall be responsible for the sanitary handling and disposal of all scrap tires
on the premises used or occupied by such person.
B. It shall be unlawful to cause, suffer or
allow the dumping of scrap tires at any place in Floyd County including, and
without limitations, in or on any public highway, road, street, alley, or
thoroughfare, including any portion of the right of way thereof, any public or
private property in the County or any waters in Floyd County unless such scrap
tires originate in Floyd County or other areas authorized by the Floyd County
Board of Commissioners AND:
1. The property is
designated by the Board of Commissioners or its duly designated agent and the
Georgia Environmental Protection Division for the collection or disposal of
scrap tires and the person is authorized to use such property;
2. The scrap tires
are placed into a receptacle or container installed specifically for such
property; AND
3. The property
has a valid solid waste handling permit or other applicable identification
numbers, approvals and/or permits issued by the Georgia Environmental
Protection Division (EPD) when required.
C. All persons defined
as scrap tire generators, scrap tire carriers, scrap tire processors, including
scrap tire sorters, and retail tire dealers shall be subject to rules as
defined in Chapter 391-3-4, et seq. of the Georgia Rules for Solid Waste
Management and handle scrap tires in accordance with the provisions of O.C.G.A.
12-8-20, et seq. and the Georgia Rules for Solid Waste Management,
Chapter 391-3-4, et seq. applicable to solid waste, except where
requirements of this ordinance are more stringent.
A. It shall be unlawful for any person in a residential zone
to accumulate more than five (5) scrap tires on or around property, which they
own or occupy.
B. A retail tire
dealer may hold up to 100 scrap tires per garage bay in storage, up to a
maximum of 1000 scrap tires.
C. Scrap tires must
be stored in covered or enclosed areas, or under an impermeable cover to
prevent the accumulation of water..
A. Any person(s), firm, or corporation
violating any portion of this Ordinance shall be guilty of a misdemeanor and,
upon conviction thereof, in the
1. For the first offense: By a fine of not
less than $100.00 and not more than $1,000.001, or up to 30 days
imprisonment, or both. Each day the
violation continues shall constitute a separate offense. However, this section shall not preclude the
County from choosing to seek civil redress in a court of competent jurisdiction
in addition to the criminal prosecution, it being the intent of the County to
have both the civil and criminal rights of prosecution in this area;
2. For the second or more offense(s): The
violator shall be guilty of a misdemeanor of high and aggravated nature
punishable by a fine of not less than $750.00 and not more than $1,000.00, or
up to 60 days imprisonment, or both.
Each day the violation continues shall constitute a separate offense;
and/or
1 – As provided in
O.C.G.A. section
B. The Court may
order the publication of the names and photographs of persons convicted of
violating this ordinance; and/or
C. The Court may
order the person to repair or restore property damaged, or pay damages
resulting from such violations, or perform public service related to the repair
or restoration of property damaged by the violation1; and/or
D. In case of a tire dump, the property
owner, contractor, developer, builder or other person responsible for the
property shall cause the property to be cleaned and to come into full
compliance with this ordinance.
E. The expenses
incurred by the County for cleanup, enforcement of violations and penalties shall
be chargeable to the violator, including, but not limited to: court costs,
filing fees, special investigations, mutual aid assistance from other agencies
and other costs necessary for the reasonable enforcement of this ordinance.
F. In addition to actions
filed by
1 – As provided in
O.C.G.A. section
A. Enforcement of this ordinance shall be
the responsibility of the Floyd County Board of Commissioners, the Floyd County
Police Department, the Floyd County Environmental Officer or his/her designee.
B. Any person(s) authorized to enforce this
ordinance shall be empowered to enter any property, upon reasonable cause, at
reasonable or necessary times in order to properly inspect for violations of
this ordinance, subject to the condition that to allow entry onto private
property for inspection, the alleged violation of this ordinance must be
visible from a public road or right of way, or upon said person(s) having
received a valid complaint alleging a violation of this ordinance, or by a
Judge’s Order upon said person(s) having received information/allegations that
constitute reasonable suspicion that a serious unlawful act or threat to the
health and safety of the community and/or the environment has occurred or is
about to occur.
A. In the event that any person violates any
provision of this ordinance, the County or other appropriate authority may, in
addition to other remedies, institute an action for injunction, cleanup or stop
work orders, mandamus, irreversible damage fines, lien on property or other
appropriate action or proceeding to prevent such unlawful acts or to correct or
abate any such violation1.
In addition, the County may immediately revoke or suspend any and all
business, building, development or any and all other County issued permits
related to the property or properties involved with the violation until such
time that compliance is met, or until the ruling of a Court of competent
jurisdiction is obtained, at which time respective permits may be reissued.
B. Upon finding evidence, a written Notice
of Violation may be issued at the discretion of the enforcing officer(s) in
lieu of a citation. In the absence of
corrective action or in the event that a second violation occurs, the evidence
constituting the Notice of Violation may be submitted as evidence for
consideration as a first offense before a Court with competent jurisdiction and
the pending case treated as a second offense by the Court as defined in Paragraph
(A)(2) of Section IV of this Ordinance.
C. If a person is found guilty of a
violation of the provisions of this ordinance, the Court and/or the Board of
Commissioners may cause written notice to be given, or incorporate into the
Court Order to the violator instructing that person to properly address any
provision still remaining in violation of this ordinance for which said
violator is convicted. Such notice
shall be by personal service and in the event the violator cannot be so served,
then by registered mail sent to the violator’s last known address.
D. Upon failure, neglect or refusal of any
person so notified to properly address said provisions within 20 days after
receipt of notice as provided in this Section, the Board of Commissioners is
hereby authorized and empowered to cause the cleanup, removal or disposal of
scrap tires, dumped, deposited, thrown, or left on public or private property
in violation of the ordinance on behalf of the County. The expenses incurred by the County shall be
chargeable to the violator and the Board of Commissioners and/or the Court
shall send a statement of the amount due for said expenses by registered mail.
1 – As provided in
O.C.G.A. sections 16-7-52,16-7-53
E. When the full amount of such charges are
not paid by the violator within 30 days after receipt of said statement as
provided for in this Section, the Board of Commissioners shall cause to be
recorded in the Execution Docket a sworn statement showing the cost and expense
incurred by the County, the dates of County action, the location of the
property for which action was taken, and the name of the person to be charged
for the expenses incurred. The
recordation of such statement shall constitute a lien on the personal and real
property of the person to be charged and shall remain in full force and effect
until final payment is received in full, including accrued interest from the
date of recording and any and all costs.
Such amount as shall constitute final payment shall be subject to
collection in the manner fixed by law for the collection of taxes.
F. This Section VI
shall apply with full force and effect regardless of the provisions of any
order of the Court in which the violator was convicted. This section should not be construed as an
excuse for failure on the part of the violator to perform any cleanup ordered
by the Court, nor shall it be considered as a mitigating factor in any contempt
action against a violator who has failed to obey the order of the Court.
A. Should any sentence, section, subsection
or a rovision of this Ordinance or application of a provision of this Ordinance
be declared invalid or unconstitutional by any Court or other competent
jurisdiction, such declaration shall not affect the validity of the Ordinance
as a whole or any part thereof that is not specifically declared to be invalid
or unconstitutional.
A. Therefore, be it ordained that all
conflicting resolutions, ordinances or parts or sections of resolutions or
ordinances in conflict with this Ordinance are hereby repealed.
B. Be it further ordained that this
ordinance shall take effect on the first day of the month after passage by the
Floyd County Board of Commissioners, and shall be enforced from and after such
date, the public health and welfare demanding it.
So
adopted and approved by the Board of Commissioners of Floyd County, Georgia,
this ___11th ______ day of MAY ,
2004.
FLOYD COUNTY BOARD OF COMMISSIONERS
ATTEST:
_____Michelle Fountain_______ BY:
Chuck Hufstetler___________
County Clerk Chairman
_________________________
Commissioner
_________________________
Commissioner
_________________________
Commissioner
_________________________
Commissioner