§ 32-2. Waste tires.

(a)

Findings.

(1)

The board finds that the improper disposal of waste tires has been encountered in many areas of Orange County. A great number of waste tires are dumped in remote areas of the county which encourages the use of land as an uncontrolled receptacle for additional improper disposal of waste tires which serve as a fire hazard. Such improper disposal also creates a condition capable of, or favorable to, breeding mosquitoes capable of transmitting, directly or indirectly, diseases to humans and also creates conditions which serve as shelter for rodents and vermin.

(2)

The board hereby finds that the regulation of collection, transporting, storage, separation, processing, recycling, and disposal of waste tires is necessary to protect the health, safety and general welfare of the inhabitants of the county.

(b)

Scope. This section is an environmental regulation which shall apply throughout Orange County including those portions of Orange County within the boundaries of any municipality.

(c)

Definitions. As used in this section:

Director shall mean the director of the Orange County public utilities division, or his designee.

Enclosed facility shall mean a fully enclosed and roofed building which shall be properly zoned and shall meet all fire code requirements for the activity conducted therein.

Generator shall mean a person not defined as a dealer or transporter which generates waste tires in the ordinary course of business.

Officer shall mean any law enforcement officer defined in F.S. § 943.10.

Person shall mean any individual(s), corporation, partnership or other entity.

Tire dealer shall mean a person engaged in a retail tire-selling business, a tire retreading business or a facility that, in the ordinary course of business, removes tires from motor vehicles.

Transporter shall mean those persons engaged in the hauling of waste tires, which persons are required to be licensed under subsection (d) of this section.

Ultimate disposal site shall mean a permitted landfill, properly permitted recycling facility or properly permitted disposal facility or operation which complies with applicable state and local laws and regulations.

Waste tire shall mean any portion of a whole tire that is both:

(1)

Greater than or equal to one-eighth ( 1/8 ) of the size of the original whole tire; and

(2)

No longer suitable for its originally intended purpose because of wear, damage or defect.

(d)

License.

(1)

Every person who transports for hire, or removes, collects, or salvages any waste tires on or from the streets or public rights-of-way of the county shall file an application for a grant of a license with the director on a form prescribed by the director. The application form shall contain the information deemed necessary by the director, but shall provide at least the following information:

a.

Proof of possession of an occupational license;

b.

Proof of irrevocable letter of credit or bond as required under subsection (f) of this section;

c.

Documentation from the fire official's office stating that the storage area meets the requirements of all state, administrative, and local laws for the storage of waste tires.

(2)

Upon receipt of the application, a bond or irrevocable letter of credit in the amount of ten thousand dollars ($10,000.00), and a nonrefundable application fee, the director shall determine whether the application should be approved. The initial application fee shall be one hundred dollars ($100.00) unless the applicant is holding a current and valid DER waste tire collector's registration, in which event the fee shall be twenty-five dollars ($25.00). If the applicant meets the criteria stated in this subsection, the director shall approve the application and grant a license for transporting waste tires. The applicant shall seek annual renewal of the Orange County license and the application fee for such renewal shall be twenty-five dollars ($25.00).

(3)

Orange County, any municipality, or their respective franchisees shall not be required to pay any application fee, submit a performance bond as required above, or carry manifests (as required by subsection (k)), in order to be licensed as a transporter under this subsection. Orange County, any municipality, and their respective franchisees shall be subject to all other subsections of this section.

(4)

The provisions of this subsection shall not apply to persons who use company-owned or company-leased vehicles to transport tire casings for the purpose of retreading between company-owned or company-franchised retail tire outlets and retread facilities owned or franchised by the same company.

(5)

The provisions of this subsection shall not apply to persons participating in any county sanctioned amnesty day or tire bounty program who have obtained prior approval from the director to participate in any such program.

(e)

Grounds for denial of a license. The director shall deny a license under this section whenever it is found that the applicant or its principals or officers:

(1)

Are under eighteen (18) years of age; or

(2)

Have been convicted of multiple violations of this section or any similar ordinance (or any similar state or federal law or regulation) or had a license revoked under this section or any similar ordinance.

Any such denial may be appealed to the board within ten (10) days of the written decision of the director and a public hearing shall be held within forty-five (45) days of filing of the appeal.

(f)

Bond requirement Each transporter shall have and maintain a ten thousand-dollar performance bond or irrevocable letter of credit payable to the county in the event that the transporter violates any of the provisions of this section. Such performance bond shall be issued by a surety licensed to do business in the State of Florida. Such letter of credit shall be issued by, or confirmed by, a bank in Orange, Osceola or Seminole County.

(g)

Revocation of license.

(1)

Grounds. In addition to any other penalty, the director may revoke a license for any one (1) of the following reasons:

a.

Filing a false or misleading statement in an application for a license;

b.

Failure to maintain a valid license, bond, or letter of credit required under this section; or

c.

Violation of any other provision of this section or any state laws or regulations.

(2)

Procedures.

a.

The director shall provide the holder of the license with written notice of the proposed cause for revocation and the date, time and place of the hearing at which the holder of the license may be heard, may be represented by counsel and may produce evidence. Such written notice may be delivered at the place of business by certified mail or by posting and shall be given at least fifteen (15) days prior to the hearing date.

b.

After the hearing, the director shall enter an order revoking the license or denying revocation. A copy of the order shall be delivered to the holder of the license at the place of business by certified mail or by posting within fifteen (15) days.

(h)

Identification requirements. In addition to any state required identification, all transporters of waste tires shall have all registered vehicles used to transport waste tires marked in a conspicuous place in clearly legible letters not less than six (6) inches in height on each side of the vehicle the company name and Orange County transporter decal number.

(i)

Temporary storage of waste tires. If one thousand (1,000) or more whole tires are stored outdoors on the site on any given day, the requirements for a waste tire site under the applicable state law and regulations must be met by tire dealers, generators, transporters, recapping facilities, and ultimate disposal sites. Furthermore, any outdoor storage site storing over one thousand (1,000) tires which is not owned and operated by a licensed transporter shall be the subject of a separate license requiring compliance with subsection (f) herein; provided that only one (1) such license is necessary for multiple sites owned and operated by the same person. Indoor storage sites shall be exempt from these regulations provided that any such storage is in accordance with the applicable state laws and regulations.

(j)

Holding period for waste tires. No waste tire shall be stored or otherwise located on any:

(1)

Outdoor temporary storage lot (as described in subsection (i) of this section); or

(2)

Site for processing of waste tires, by tire dealers, retreaders and generators or tire processors;

for a period in excess of ninety (90) consecutive days. Notwithstanding the foregoing, any storage of waste tires for longer than fifteen (15) days will require implementation of a mosquito control program if there is the possibility that standing water will accumulate inside the tires.

(k)

Records.

(1)

Each tire dealer or generator shall maintain records of the number of waste tires that have been delivered to another tire dealer, a transporter or an ultimate disposal site.

(2)

Each transporter shall maintain records, which shall be known as "manifest," containing the following information:

a.

The approximate quantity of waste tires or processed tires collected;

b.

Where and from whom the waste tires or processed tires were collected;

c.

Where the waste tires or processed tires were deposited; and

d.

Records establishing that the fifteen-day limit on holding waste tires established by subsection (j) has been met.

(3)

Each ultimate disposal site shall keep records of all waste tires received including the following information:

a.

For all waste tires and processed tires shipped from the ultimate disposal site, the name and the identification number of the waste tire transporter who accepted the waste tires or processed tires for transport, and the quantity of waste tires or processed tires shipped with that transporter; if the waste tires were shipped with a person who is not an Orange County licensed waste tire transporter, the number of tires shipped, the person's name, address and telephone number; and the place where the waste tires or processed tires were deposited;

b.

For all waste tires and processed tires received at an ultimate disposal site, the name and identification number of the waste tire transporter who delivered the waste tires or processed tires to the facility and the quantity of waste tires or processed tires received from that transporter; if the waste tires were delivered by a person who is not a licensed waste tire transporter, the number of tires delivered and the person's name, address and telephone number.

(4)

Each tire transporter shall submit quarterly to the director, in a form prescribed by the director, original records required by this subsection. Such records shall also be submitted to the tire dealer upon pickup or delivery of tires, and likewise submitted at the ultimate disposal site upon dropoff of the tires at such site.

(5)

Copies of all records that are required to be submitted under this subsection and supporting documentation, including original receipts, shall be subject to inspection by the director and shall be retained by the regulated party for a period of at least one (1) year.

(l)

Penalty. It shall be unlawful for any person to:

(1)

Transport waste tires without having first obtained a license as required by subsection (d) of this section.

(2)

Give or display false identification or sign a false name when required to furnish identification.

(3)

Fail to submit the records required by subsection (k) of this section or knowingly submit records with false information.

(4)

Deliver waste tires to any place other than the place of business of a licensed tire dealer, transporter or ultimate disposal site.

(5)

Contract or arrange with another person to transport waste tires for storage or disposal, who does not meet the requirements of this section.

(6)

Fail to comply with any other provision of this section.

(m)

Enforcement and penalties for violation of this section.

(1)

Citation issuance. The director, his designee, or any officer who has probable cause to believe that a person has committed an act in violation of this section may issue a citation to the person.

(2)

Civil penalty. If the person elects not to contest the citation, the person shall pay in full the applicable civil penalty to the clerk of the county court within twenty-one (21) days after issuance of the citation.

(3)

Hearing.

a.

If the person elects to contest the citation, the person shall appear at the office of the clerk of the county court on the date assigned on the citation, by the issuing officer, for an arraignment hearing by a county judge.

b.

A county judge, after a hearing on the citation violation notice, shall make a determination whether or not a violation of this section has been committed and may impose the applicable civil penalty as provided for in subsection (n) plus court costs.

(4)

Failure to appear. Any person upon whom service of the citation is obtained pursuant to this section who does not appear at the hearing as directed and who has not paid the civil penalty within twenty-one (21) days as provided for in this subsection, shall be subject to contempt proceedings or to such other penalties as the court, in its discretion, may impose to require compliance with the court's directive.

(5)

Criminal penalty. Violation of any provisions of this section may be punished as provided in section 1-9 of the Orange County Code.

(n)

Schedule of civil penalties. The following table shows the provisions of this section, as they may be amended from time to time, which may be enforced pursuant to the provisions of this section and the dollar amount of civil penalty for the violation of these subsections as they may be amended. Twenty dollars ($20.00) of each penalty collected shall be paid to the clerk of the court as compensation for services rendered in the enforcement of this section. The remainder of the funds collected (including proceeds from payment in letters of credit or bonds) shall be remitted to the Orange County resource recovery department.

Description of Violation	Civil Penalty
Nonpermitted tire transporter	$500.00
Removing or contracting for removal of waste tires with anyone not holding a valid tire hauler permit	500.00
Giving waste tires to any customer for disposal by the customer	250.00
Engaging in waste tire hauling without first obtaining the appropriate license as required by this section	500.00
Illegal dumping from an automobile	250.00
Illegal dumping from a truck, pickup, van, or trailer	500.00
Contracting with unlicensed hauler to accept tires at tire storage facility	250.00
Improper tire storage	250.00

 

(o)

Right of entry. The director, his designees, or any officer shall have the right of entry upon real property within normal business hours or during operation in connection with waste tires and shall be immune from prosecution, civil or criminal, for trespass upon real property while in the discharge of such duties in verifying compliance with the provisions of this section.

(p)

Right to stop vehicles. An officer shall have the right to stop vehicles upon a showing of reasonable suspicion that the driver of any such vehicle may be in violation of any provision of this section. A finding of any such violation by the officer or his designee shall result in issuance of a citation pursuant to the fee schedule in subsection (n) of this section.

(q)

Effective date. This section shall become effective October 19, 1992, and shall apply with regard to any newly issued licenses/permits or renewals of existing licenses/permits. However, warning notices may be issued prior to October 19, 1992, in order to notify regulated parties of the impending regulations contained herein.

(Ord. No. 92-22, §§ 1—16, 19, 7-21-92)