08 LC 25
5051
House
Bill 952
By:
Representative Fludd of the
66th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating
to tire disposal restrictions, so as to provide certain requirements for storage
of scrap tires; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire
disposal restrictions, is amended by revising subsections (f) and (g) as
follows:
"(f)
No person may store more than 100 scrap tires anywhere in this state. Any
person storing in excess of 100 scrap tires shall be deemed to be in violation
of this part.
(g)(1)
Subsection (f) of this Code section shall not apply to:
(1)(A)
A solid waste disposal site permitted by the division if the permit authorizes
the storage of scrap tires prior to their disposal;
(2)(B)
A tire retailer with not more than 3,000 scrap tires in storage;
(3)(C)
A tire retreader with not more than 1,500 scrap tires in storage so long as the
scrap tires are of the type the retreader is actively retreading;
(4)(D)
An auto salvage yard with not more than 500 scrap tires in storage;
and
(5)(E)
A scrap tire processor approved by the division so long as the number of scrap
tires in storage do not exceed the quantity approved by the
division.
(2)
Entities eligible for any exemption provided by subparagraphs (B) through (E) of
paragraph (1) of this subsection shall be subject to the following
restrictions:
(A)
Any scrap tires stored indoors shall be managed under conditions that meet those
in the
Standard
for Storage of Rubber
Tires, NFPA
231D-1986 edition, published by the National Fire Protection Association, unless
some other applicable standard is adopted by rule or regulation of the Safety
Fire Commissioner pursuant to Chapter 2 of Title 25;
(B)
Any scrap tires stored outdoors shall be managed in accordance with the
following standards:
(i)
An outdoor tire pile or processed tire pile shall have no greater than the
following maximum dimensions:
(I)
Width: 50 feet;
(II)
Area: 10,000 square feet; and
(III)
Height: 15 feet;
(ii)
A 50 foot wide fire lane shall be placed around the perimeter of each scrap tire
pile. Access to the fire lane for emergency vehicles shall be kept unobstructed
at all times. In the event of fire, the owner or operator shall, upon receipt
of notification of a fire, immediately take all necessary steps to control and
extinguish the fire, including all oil and other residue created by the fire;
and
(iii)
The owner or operator shall control mosquitoes and rodents so as to protect the
public health and welfare; and
(C)
All scrap tires stored indoors or outdoors shall be managed in accordance with
the following standards:
(i)
No operations involving the use of open flames shall be conducted within 25 feet
of a scrap tire pile;
(ii)
An approach and access road to the facility shall be kept passable for any motor
vehicle at all times;
(iii)
Access to the facility shall be controlled through the use of fences, gates, or
other means;
(iv)
An attendant shall be present when the facility is open for business if the
facility receives tires from persons other than the operator of the
facility;
(v)
The facility shall be bermed or given other adequate protection to keep liquid
runoff from a potential tire fire from entering waters of the
state;
(vi)
Fire protection services for the facility shall be assured through notification
to local fire protection authorities. A fire safety survey shall be
conducted;
(vii)
Communication equipment shall be maintained at the facility to assure that the
facility operator can contact local fire protection authorities in case of a
fire;
(viii)
The facility shall be kept free of long grass, underbrush, and other potentially
flammable vegetation at all times; and
(ix)
The operator of the facility shall prepare and keep at the facility an emergency
preparedness manual. The manual shall be updated at least once annually or upon
changes in operations at the site. The manual shall contain the following
elements:
(I)
A list of names and numbers of persons to be contacted in the event of a fire,
flood, or other emergency;
(II)
A list of the emergency response equipment at the facility, its location, and
how it should be used in the event of a fire or other emergency;
and
(III)
A description of the procedures that should be followed in the event of a fire,
including procedures to contain and dispose of the oil and other residue
generated by the combustion of large numbers of
tires."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.