2006 Code of Virginia § 10.1-1418.2 - Improper disposal of tires; exemption; penalty

10.1-1418.2. Improper disposal of tires; exemption; penalty.

A. For the purposes of this section:

"Convenience center" means a collection point for the temporary storage ofwaste tires provided for individuals who choose to transport waste tiresgenerated on their own premises to an established centralized point, ratherthan directly to a disposal facility. To be classified as a conveniencecenter, the collection point shall not receive waste tires from collectionvehicles that have collected waste from more than one real property owner. Aconvenience center shall have a system of regularly scheduled collections andmay be covered or uncovered.

"Speculatively accumulated waste tires" means any waste tires that areaccumulated before being used, reused, or reclaimed or in anticipation ofpotential use, reuse, or reclamation. Waste tires are not being accumulatedspeculatively when at least 75 percent of the waste tires accumulated arebeing removed from the site annually.

B. It shall be unlawful for any person to store, dispose of, speculativelyaccumulate or otherwise place more than 100 waste tires on public or privateproperty, without first having obtained a permit as required by 10.1-1408.1or in a manner inconsistent with any local ordinance. No person shall allowothers to store, dispose of, speculatively accumulate or otherwise place onhis property more than 100 waste tires, without first having obtained apermit as required by 10.1-1408.1.

C. Any person who knowingly violates any provision of this section shall beguilty of a Class 1 misdemeanor. However, any person who knowingly violatesany provision of this section and such violation involves 500 or more wastetires shall be guilty of a Class 6 felony.

D. Salvage yards licensed by the Department of Motor Vehicles shall be exemptfrom this section, provided that they are holding fewer than 300 waste tiresand that the waste tires do not pose a hazard or a nuisance or present athreat to human health and the environment.

E. As used in this section, the terms "store" and "otherwise place" shallnot be construed as meaning the holding of fewer than 500 tires for bona fideuses related to the growing, harvesting or processing of agricultural orforest products.

F. The provisions of this section shall not apply to the (i) storage of lessthan 1,500 waste tires in a container at a convenience center or at a salvageyard licensed by the Department of Motor Vehicles, as long as the tires arenot being speculatively accumulated, or (ii) storage of tires for recyclingor for processing to use in manufacturing a new product, as long as the tiresare not being speculatively accumulated.

G. The provisions of this section shall not apply to the storage of tires forrecycling or for processing to use in manufacturing a new product, as long asthe tires are not being speculatively accumulated.

H. Nothing in this section shall limit enforcement of the prohibitionsagainst littering and the improper disposal of solid waste containedelsewhere in this chapter.

(1994, c. 556; 1997, c. 353; 2003, c. 101.)