                                 CODE OF VIRGINIA

IMPROPER DISPOSAL OF TIRES; EXEMPTION; PENALTY (§ 10.1-1418.2)

A. For the purposes of this section:
			&#8220;Convenience center&#8221; means a collection point for the temporary
storage of waste tires provided for individuals who choose to transport waste
tires generated on their own premises to an established centralized point,
rather than directly to a disposal facility. To be classified as a convenience
center, the collection point shall not receive waste tires from collection
vehicles that have collected waste from more than one real property owner. A
convenience center shall have a system of regularly scheduled collections and
may be covered or uncovered.
			&#8220;Speculatively accumulated waste tires&#8221; means any waste tires
that are accumulated before being used, reused, or reclaimed or in anticipation
of potential use, reuse, or reclamation. Waste tires are not being accumulated
speculatively when at least 75 percent of the waste tires accumulated are being
removed from the site annually.

B. It shall be unlawful for any person to store, dispose of, speculatively
accumulate or otherwise place more than 100 waste tires on public or private
property, without first having obtained a permit as required by &#xA7;
10.1-1408.1 or in a manner inconsistent with any local ordinance. No person
shall allow others to store, dispose of, speculatively accumulate or otherwise
place on his property more than 100 waste tires, without first having obtained a
permit as required by &#xA7; 10.1-1408.1.

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

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

E. As used in this section, the terms &#8220;store&#8221; and &#8220;otherwise
place&#8221; shall not be construed as meaning the holding of fewer than 500
tires for bona fide uses related to the growing, harvesting or processing of
agricultural or forest products.

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

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

H. Nothing in this section shall limit enforcement of the prohibitions against
littering and the improper disposal of solid waste contained elsewhere in this
chapter.

HISTORY: 1994, c. 556; 1997, c. 353; 2003, c. 101.