§ 130A-309.58. Disposal of scrap tires. - North Carolina Statutes

§130A‑309.58.  Disposal of scrap tires.

(a)        Each county isresponsible for providing for the disposal of scrap tires located within itsboundaries in accordance with the provisions of this Part and any rules issuedpursuant to this Part. The following are permissible methods of scrap tiredisposal:

(1)        Incinerating;

(2)        Retreading;

(3)        Constructing crashbarriers;

(4)        Controlling soilerosion when whole tires are not used;

(5)        Chopping orshredding;

(6)        Grinding into crumbsfor use in road asphalt, tire derived fuel, and as raw material for otherproducts;

(7)        Slicing vertically,resulting in each scrap tire being divided into at least two pieces;

(8)        Sludge composting;

(9)        Using foragriculture‑related purposes;

(10)      Chipping for use asan oyster cultch as approved by rules adopted by the Marine FisheriesCommission;

(11)      Cutting, stamping, ordyeing tires;

(12)      Pyrolizing and otherphysico‑chemical processing;

(13)      Hauling to out‑of‑Statecollection or processing sites; and

(14)      Monofilling split,ground, chopped, sliced, or shredded scrap tires.

(b)        The Commission mayadopt rules approving other permissible methods of scrap tire disposal.Landfilling of whole scrap tires is prohibited. The prohibition againstlandfilling whole tires applies to all whole pneumatic rubber coverings, butdoes not apply to whole solid rubber coverings.

(c)        Units of localgovernment may enter into joint ventures or other cooperative efforts withother units of local government for the purpose of disposing of scrap tires.Units of local government may enter into leases or other contractualarrangements with units of local government or private entities in order todispose of scrap tires.

(d)        Each county isresponsible for developing a description of scrap tire disposal procedures.These procedures shall be included in any solid waste management plan requiredby the Department under this Article. Further, any revisions to the initialdescription of the scrap tire disposal procedures shall be forwarded to theDepartment.

(e)        A county shallprovide, directly or by contract with another unit of local government orprivate entity, at least one site for scrap tire disposal for that county. Theunit of local government or contracting party may not charge a disposal fee forthe disposal of scrap tires except as provided in this subsection. A unit oflocal government or contracting party may charge a disposal fee that does notexceed the cost of disposing of the scrap tires only if:

(1)        The scrap tires arenew tires that are being disposed of by their manufacturer because they do notmeet the manufacturer's standards for salable tires; or

(2)        The scrap tires aredelivered to a local government scrap tire disposal site without anaccompanying certificate required by G.S. 130A‑309.58(f) that indicatesthat the tires originated in a county within North Carolina.

(f)         Every tireretailer or other person disposing of scrap tires shall complete and sign acertification form prescribed by the Department and distributed to each county,certifying that the tires were collected in the normal course of business fordisposal, the county in which the tires were collected, and the number of tiresto be disposed of. This form also shall be completed and signed by the tirehauler, certifying that the load contains the same tires that were receivedfrom the tire retailer or other person disposing of scrap tires. The tirehauler shall present this certification form to the tire processor or tirecollector at the time of delivery of the scrap tires for disposal, collection,or processing. Copies of these certification forms shall be retained for aminimum of three years after the date of delivery of the scrap tires.

(g)        The provisions ofsubsection (f) of this section do not apply to tires that are brought fordisposal in quantities of five or less by someone other than a tire collector,tire processor, or tire hauler. (1989, c. 784, s. 3; 1991, c.221, s. 5; 1993, c. 548, s. 4; 1995 (Reg. Sess., 1996), c. 594, s. 22; 1997‑209,s. 1.)