Chapter 260 - DISPOSAL OF WASTE TIRES

Sec. 250.1309. - Enforcement; civil remedies. Chapter 261 - SALE, OUTSIDE STORAGE OF TIRES Chapter 260 - DISPOSAL OF WASTE TIRES[1]

Footnotes: --- (1) ---

State Law reference— Waste tire disposal, F.S. § 403.717.

PART 1. - GENERAL PROVISIONS

Sec. 260.101. - Findings.

(a)

The Council finds that the improper disposal of waste tires has been encountered in many areas of the County and that there are between 500,000 and 600,000 waste tires discarded each year. Currently less than 50,000 of these waste tires are disposed of properly. The great majority 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.

(b)

The Council declares that the regulation of the collection, transporting, storage, separation, processing, recycling, regrooving and disposal of waste tires is necessary to protect the health, safety and general welfare of the inhabitants of the County.

(Ord. 87-1527-829, § 1; Ord. 89-1301-649, § 2; Ord. 94-501-374, § 1)

Sec. 260.102. - Exercise of County powers; territorial application of the Chapter.

This Chapter is an exercise of the City's powers as a County under Section 3.01, Charter of the City of Jacksonville. This Chapter shall apply throughout the General Services District.

(Ord. 87-1527-829, § 1; Ord. 89-1301-649, § 2)

Sec. 260.103. - Definitions.

As used in this Part:

(a)

Division Chief means Chief of the Solid Waste Division, or his designee.

(b)

Enclosed facility means a fully enclosed, secure building or structure which shall be properly zoned, and shall meet the all fire code requirements for the activity conducted therein.

(c)

Generator means a person not defined as a dealer or transporter who generates waste tires in the ordinary course of business.

(d)

Processed tire means a tire that has been treated mechanically, chemically or thermally so that the resulting material is a marketable product or is suitable for proper disposal.

(e)

Tire dealer means 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.

(f)

Transporter means those persons required to be licensed under Part 2, Section 260.201 of this Chapter.

(g)

Ultimate disposal site means a permitted landfill, properly permitted recycling facility or properly permitted disposal facility or operation which complies with State rule.

(h)

Waste tire means a tire that has been removed from a motor vehicle, and has not been re-treaded or re-grooved. The term includes used tires, including used display tires, and processed tires, but does not include solid rubber tires and tires that are inseparable from the rim.

(Ord. 87-1527-829, § 1; Ord. 89-1301-649, § 2; Ord. 2008-513-E, § 1; Ord. 2013-10-E, § 1)

PART 2. - LICENSING AND TRANSPORTING REQUIREMENTS; REVOCATION OF LICENSE

Sec. 260.201. - License.

(a)

Every person who transports more than eight waste tires shall file an application for grant of a license with the Chief on a form prescribed by the Chief. The application form shall contain the information deemed necessary by the Chief, but shall provide at least the following information:

(1)

Proof of possession of a business tax license;

(2)

Proof of bond as required under Part 2, Section 260.203;

(3)

Proof of ownership or lease of a lot as required under Part 2, Section 260.206;

(4)

Proof of permit issued by the Chief, Fire Prevention for storage of tires; and

(5)

Each tire generator/transporter shall have a Certificate of Use (COU) at the time of permit application. A Certificate of Use is defined in Section 656.1601, Ordinance Code, as an official document issued by the City which verifies that a use of a structure, other than a single family residence or duplex, may be used or an existing use enlarged, or any new use made of land, body of water, or structure, complies with the Florida Building Code, the Zoning Code, the City Fire Prevention Code and Chapter 633, Florida Statutes.

(b)

Upon the receipt of the application and a nonrefundable application fee as found in www.coj.net/fees, the Chief shall determine whether the application should be approved. If the applicant meets the criteria stated in this Section, the Chief shall approve the application and grant a license for transporting waste tires.

(c)

The Solid Waste Division shall not be required to pay any application fee or submit a performance bond as required under Part 2, Section 260.203 in order to be licensed as a transporter under this Section. All other provisions of Part 2, Chapter 260 shall be applicable with respect to the City operating as transporters of waste tires.

(d)

The provisions of this Section 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.

(Ord. 87-1527-829, § 1; Ord. 89-1301-649, § 2; Ord. 94-501-374, § 2; Ord. 2013-10-E, § 1; Ord. 2017-665-E, § 17)

Sec. 260.202. - Grounds for denial of a license.

The Chief shall deny a license under this Chapter whenever it is found that the applicant or its principals or officers:

(a)

Are under 18 years of age; or

(b)

Have been convicted of a violation of this Chapter or any similar ordinance or had a license revoked under this Chapter or any similar ordinance.

(Ord. 87-1527-829, § 1; Ord. 89-1301-649, § 2; Ord. 2013-10-E, § 1)

Sec. 260.203. - Bond requirement.

Each transporter shall have and maintain a $25,000 performance bond payable to the City in the event that the transporter violates any of the provisions of this Chapter. Such performance bond shall be issued by a surety licensed to do business in the State of Florida.

(Ord. 87-1527-829, § 1; Ord. 89-1301-649, § 2)

Sec. 260.204. - Revocation of license.

(a)

Grounds. In addition to any other penalty, the Chief may revoke a license for:

(1)

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

(2)

Failure to maintain a valid license or bond required under this Chapter.

(3)

Violation of any other provision of this Chapter.

(b)

Procedures:

(1)

The Chief shall provide the holder of the license with written notice of the proposed cause for revocation and of 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 provided at least 15 days prior to the hearing date.

(2)

After the hearing, the Chief 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 15 days.

(Ord. 87-1527-829, § 1; Ord. 89-1301-649, § 2; Ord. 2013-10-E, § 1)

Sec. 260.205. - Identification requirements.

All transporters of waste tires shall have all registered vehicles used to transport waste tires permanently marked in a conspicuous place in clearly legible letters not less than two inches in height on each side of the such vehicle the name, company, license number of such person, firm or corporation, and the State of Florida decal number.

(Ord. 87-1527-829, § 1; Ord. 89-1301-649, § 2)

Sec. 260.206. - Temporary storage of waste tires.

Each transporter shall own or shall operate under a valid lease of at least one year, a lot not less than one acre in size for the temporary outdoor storage and/or separation of waste tires. If 1,000 or more whole tires are stored outdoors on the site on any given day, the requirements for a waste tire site under State law must be met by tire dealers, generators, transporters, recapping facilities and ultimate disposal sites. If, however, tire shredding, chopping or processing is conducted outdoors on the premises, the lot size shall be at least five acres. The lot size shall also be properly zoned for the activity conducted thereon. Any temporary storage of waste tires on a lot less than one acre in size shall be in an enclosed facility. Each tire dealer or generator shall not store greater than 1,500 tires on their property at any time, and such storage of tires shall be subject to inspection by the Chief.

(1)

All tires not stored inside a building, shall be covered or the waste tire dealer shall, at least monthly, spray the un-covered tires for pest control, and indicate, on their monthly required report, the date the tires were sprayed for pest control.

(2)

At the end of each day, all tires not stored inside a building, shall be secured inside a secure six-foot, locked fence or secured with a chain lock.

(Ord. 87-1527-829, § 1; Ord. 89-1301-649, § 2; Ord. 2013-10-E, § 1)

Sec. 260.207. - Holding period for waste tires.

No waste tire shall be stored or otherwise located on any outdoor temporary storage lot as described in Section 260.206 by tire dealers, retreaders, generators or other persons for a period in excess of 15 consecutive days. This provision does not apply to waste tires stored in an enclosed facility where there is no standing water inside the waste tires.

(Ord. 87-1527-829, § 1; Ord. 89-1301-649, § 2; Ord. 94-501-374, § 3)

Sec. 260.208 - Hours of Operation.

Tire Transporters licensed under this Part shall only transport waste tires between the hours of 7:00 a.m. and 6:00 p.m., Eastern Time, Monday through Saturday.

(Ord. 2013-10-E, § 1)

PART 3. - MAINTENANCE OF RECORDS

Sec. 260.301. - Records.

(a)

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.

(b)

Each transporter shall maintain records of the following information:

(1)

The approximate quantity of waste tires or processed tires collected;

(2)

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

(3)

Where the waste tires or processed tires were deposited; and

(4)

Records establishing that the 15-day limit on holding waste tires established by Part 2, Section 260.207, has been met.

(c)

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

(1)

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 a 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.

(2)

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.

(d)

Each tire dealer, generator, transporter and ultimate disposal site shall submit, monthly, to the Chief in a form prescribed by the Chief, original records required by this Section.

(e)

Copies of all records that are required to be submitted under this Section and supporting documentation, including original receipts, shall be subject to inspection by the Chief and shall be retained for a period of at least one year.

(Ord. 87-1527-829, § 1; Ord. 89-1301-649, § 2; Ord. 2013-10-E, § 1)

PART 4. - SALE OF REGROOVED TIRES

Sec. 260.401. - Purpose and scope.

This Subpart set forth the conditions under which regrooved and regroovable tires may be sold or offered for sale.

(Ord. 94-501-374, § 4)

Sec. 260.402. - Definitions.

(a)

Regroovable tire means a tire, either original tread or retread, designed and constructed with sufficient tread material to permit renewal of the tread pattern or the generation of a new tread pattern in a manner which conforms to this Part.

(b)

Regrooved tire means a tire, either original tread or retread, on which the tread pattern has been renewed or a new tread has been produced by cutting into the tread of a worn tire to a depth equal to or deeper than the molded original groove depth.

(Ord. 94-501-374, § 4)

Sec. 260.403. - Applicability.

(a)

Except as provided in paragraph (b) of this Section, this Part applies to all motor vehicle regrooved or regroovable tires sold or offered for sale after the effective date of the regulation.

(b)

This Part does not apply to regrooved or regroovable tires intended solely for export and so labeled or tagged.

(Ord. 94-501-374, § 4)

Sec. 260.404. - Requirements.

(a)

Regroovable tires. Each tire designed and constructed for regrooving shall be labeled on both sidewalls with the word "Regroovable" molded on or into the tire in raised or recessed letters 0.025 to 0.040 inch. The word "Regroovable" shall be in letters 0.38 to 0.50 inch in height and not less than four inches and not more than six inches in length. The lettering shall be located in the sidewall of the tire between the maximum section width and the bead in an area which will not be obstructed by the rim flange.

(b)

Regrooved tires.

(1)

Except as permitted by paragraph (b)(3) of this Section, no person shall sell or offer for sale or lease or offer to lease regrooved tires produced by removing rubber from the surface of a worn tire tread to generate a new tread pattern.

(2)

Unless the tire meets the requirements of subparagraphs (b)(3)(A) through (b)(3)(F) and subsection 2(c), no person shall regroove his own tires for uses on his own motor vehicles.

(3)

A regrooved tire may be sold or offered for sale or leased or offered for lease only if it conforms to each of the following requirements:

(A)

The tire being regrooved shall be a regroovable tire which meets the requirements set forth in subsection (a) of this Section;

(B)

After regrooving, cord material below the grooves shall have a protective covering of tread material at least 3/32 -inch thick;

(C)

After regrooving, the new grooves generated into the tread material and any residual original molded tread groove which is at or below the new regrooved depth shall have a minimum of 90 linear inches of tread edges per linear foot of the circumference;

(D)

After regrooving, the new groove width generated into the tread material shall be a minimum of 3/16 -inch and a maximum of 5/16 -inch;

(E)

After regrooving, all new grooves cut into the tread shall provide unobstructed fluid escape passages;

(F)

After regrooving, the tire shall not contain any of the following defects, as determined by a visual examination of the tire either mounted on the rim, or dismounted, whichever is applicable:

(i)

Cracking which extends to the fabric;

(ii)

Groove cracks or wear extending to the fabric;

(iii)

Evidence of ply, tread, or sidewall separation;

(iv)

If the tire is siped by cutting the tread surface without removing rubber, the tire cord material shall not be damaged as a result of the siping process, and no sipe shall be deeper than the original or retread groove depth.

(c)

Siped regroovable tires. No person shall sell, or offer for sale or lease or offer to lease, a regroovable tire that has been siped by cutting the tread surface without removing rubber if the tire cord material is damaged as a result of the siping process, or if the tire is siped deeper than the original or retread groove depth.

(Ord. 94-501-374, § 4)

Sec. 260.405. - Exemption for exports.

This Part does not apply to regrooved or regroovable tires intended solely for export and so labeled or tagged.

(Ord. 94-501-374, § 4)

PART 5. - PENALTIES AND ENFORCEMENT

Sec. 260.501. - Penalty.

It shall be unlawful and a class D offense as defined in Chapter 609, Ordinance Code, for any person to:

(a)

Transport waste tires without having first obtained a license as required by Part 2 of this Chapter.

(b)

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

(c)

Fail to submit the records required by Part 3 or knowingly submitting records with false information.

(d)

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

(e)

Contract or arrange with another person to transport waste tires for storage or disposal, who does not meet the requirements under Part 2 of this Chapter.

(f)

Fail to comply with any other provision of this Chapter.

(g)

Violations of the provisions of this Chapter may also be enforced by citations for civil penalties pursuant to the authority granted by Chapter 162, Part II, Florida Statutes, and Chapter 609, Ordinance Code. A citation(s) may be issued to tire generators, tire transporters, property owners and/or residents that fail to comply with this Chapter.

(Ord. 87-1527-829, § 1; Ord. 89-1301-649, § 2; Ord. 94-501-374, § 5; Ord. 2013-10-E, § 1)

Sec. 260.502. - Right of entry.

The Chief shall have the right of entry upon real property while in the discharge of his duties in verifying compliance with the provisions of this Chapter.

(Ord. 87-1527-829, § 1; Ord. 89-1301-649, § 2; Ord. 94-501-374, § 5; Ord. 2013-10-E, § 1)

Sec. 260.503. - Reserved.

Editor's note— The provisions of former § 260.503, relative to severability, were deleted as part of the Super Supplement to the Code. Former § 260.503 derived from Ord. 87-1527-829, § 1; Ord. 89-1301-649, § 2; Ord. 94-501-374, § 5.

Sec. 250.1309. - Enforcement; civil remedies. Chapter 261 - SALE, OUTSIDE STORAGE OF TIRES