Victorville Municipal Code Art. 6 Tire Disposal Requirements

Every seller or generator of ten or more waste or used tires shall contract with a registered waste tire hauler for the disposal of waste or used tires in accordance with Public Resources Code, Division 30, Chapter 19, Section 42953.

Every person engaged in the transportation of ten or more waste or used tires within the City shall be a registered waste tire hauler and shall comply with all manifest requirements at the time of pick-up and delivery in accordance with Title 14 California Code of Regulations (14 CCR) Section 18460.2.

(a) Every seller, hauler, or generator of ten or more waste or used tires within the City shall document the disposal, transport, or exchange of said tires at the time of pick-up and delivery using a Comprehensive Trip Log (CTL) or Electronic Data Transfer (EDT) sheet. Upon request by an authorized officer, agent or employee of the City, the seller, hauler, or generator must demonstrate that each tire for which the disposal fee required by Public Resource Code Section 42885 has been collected has been disposed of properly by one of the following methods:

(1) CTL or EDT provided by a registered waste tire hauler company;

(2) Dated certificate of removal recording the name, address and California driver's license number of each person that elected to retain ownership of the whole tires removed from their vehicle. The record shall be in a manner and form as prescribed by the Code Enforcement Division;

(3) Participation in a City authorized or sponsored tire collection, processing or recycling service.

(b) Every seller, hauler, or generator of ten or more waste or used tires within the City shall maintain manifest records for three years.

It is unlawful to dispose of whole tires in any of the following manners within the City:

(a) Placement of whole tires within or around any regular commercial, industrial or residential rubbish container within the City;

(b) Placement of whole tires on any public or private property within the City, unless said property is a waste tire facility as set forth in Title 14 California Code of Regulations Section 18420.

(c) Any seller, hauler, or generator of new or used tires within the City who willfully and knowingly places whole tires in or around any regular commercial, industrial or residential rubbish container within the City or along any public or private property, or who allows or directs another party to willfully and knowingly place whole tires in any regular commercial, industrial or residential rubbish container within the City or along any public or private property, shall be in violation of this Section and subject to prosecution by the City.

(d) The penalty for a violation of this Section shall be one thousand dollars for each incident, plus three dollars for each tire unlawfully disposed.

(Ord. No. 2303, § 1, 12-3-13)

(a) It shall be unlawful for any seller, hauler, or generator of new or used tires within the City to fail adequately demonstrate to that each whole tire was disposed of pursuant to the provisions set forth in this Article upon demand by any City official. It shall be unlawful for any seller or generator to fail to maintain waste tire manifests.

(b) It shall be unlawful for any hauler to fail to furnish a seller or generator with a copy of the waste tire manifest or to fail to have a manifest in their possession while hauling 9 or more tires.

(c) The civil penalty for a violation of this Section shall be one thousand dollars plus three dollars for each tire which the seller cannot demonstrate was properly disposed of by one of these methods. Each subsequent violation shall be one thousand dollars plus three dollars per tire.

(Ord. No. 2303, § 1, 12-3-13)

Any person violating any of the provisions or failing to comply with any of the requirements of this Article shall be guilty of an infraction or misdemeanor and shall be subjected to the violation and penalties provisions set forth in this Article and Section 16-6.01.100 of the Development Code. The citing officer or the City Attorney shall have discretion to cite or charge any violation as either an infraction or misdemeanor.

(Ord. No. 2303, § 1, 12-3-13)