§ 8.20.120. Proper scrap-tire management.

A.

Scrap tires must be managed to prevent fires and control disease vectors (mosquitoes, rats, and snakes). Anyone who stores more than 500 scrap tires must register with the TCEQ; however, the scrap tire rules apply to all generators and handlers, regardless of whether they are registered. Good reusable tires are not considered to be scrap tires if they are stacked, sorted, classified, and arranged in an organized manner for sale. Good used tires that are stored in stockpiles are scrap tires. Scrap tires must be hauled by a registered transporter to an authorized facility, either a permitted landfill or a scrap-tire facility. All such facilities must keep manifest records showing the disposition of scrap tires. A monthly report/inventory list of all tires that are on the premises must be provided to the city code enforcement department. In addition a monthly report/inventory list of all disposed tires must be provided to the city code enforcement department. Any other question pertaining to tires should be directed to TECQ.

B.

Manifest. The manifest is simply a cradle-to-grave record of the disposition of each load of scrap tires removed from a generator site. The generator and every facility handling the tires must keep a copy of the manifest for each load. The generator completes and signs the first section of the manifest showing how many tires were picked up. The transporter signs the manifest and leaves a copy with the generator. When the tires are delivered to a permitted landfill or an authorized scrap tire facility, the final sections of the manifest are completed, showing how many tires were disposed of at the facility.

The completed manifest must be returned to the generator within 60 days after the scrap tires were transported off-site. The generator should notify the regional office of TECQ and the city, of any transporter or authorized scrap tire facility that fails to complete the manifest, alters the generator portion of the manifest, or does not return the manifest within three months after the off-site transportation. Originals of manifests, work orders, invoices, and any other documentation must be retained by all facilities for three years. All such records must be made available to the executive director of TECQ and to the city upon request.

C.

Generators. Generators are tire dealers, junkyards, fleet operators, and others who generate scrap tires. Generators may not store more than 500 scrap tires on the ground. Generators who register with the TCEQ may store up to 2,000 tires in a trailer. A state sales tax identification number is required for registration. The state comptroller answers tax questions at 800-252-5555 or on the comptroller website.

Generators must:

1.

Monitor tires stored outside, at least once every two weeks, to assure vector control.

2.

Stack, sort, classify, and arrange good reusable tires in an organized manner for sale.

3.

Document the removal of all scrap tires using manifests, work orders, invoices, or other records.

4.

Allow only registered scrap tire transporters to remove their scrap tires.

5.

Ensure that the transporter who collects the tires delivers them to an authorized facility.

6.

Still comply with all manifesting requirements if transporting their own scrap tires without registration.

No state fees are required for scrap tire management. Generators may charge customers for disposal, or may include the cost in the price of the tires purchased. Fees for removal are negotiated between generators and transporters.

Most tire generators are not required to register, but must follow rules for storage and record keeping. All facilities must keep records of scrap tire management using a manifest system. Transporters scrap tire facilities, and storage sites must file annual reports. Facilities are periodically inspected by investigators in the regional offices. The TCEQ and local officials cooperate to enforce against illegal dumping and encourage only reuse, recycling or disposal in authorized landfills. Local governments may adopt rules that are more stringent than the state rules.

(Ord. No. 2010-26, 9-28-2010)