THIRD COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 960041

 

Amending Chapter 62 of the Code of Ordinances of Kansas City, Missouri, entitled "Solid Waste", by repealing Article VI therein, entitled "Recycling Waste Tires", composed of Sections 62-181 through 62-186, and enacting in lieu thereof a new Article VI, entitled "Waste Tire Code", consisting of new Sections 62-181 through 62-200 regulating the transportation, storage and disposal of waste tires and providing for fees for registration and inspection of waste tire sites and waste tire haulers; submitting these new fees to the qualified electors of Kansas City for their approval or disapproval; and recognizing an emergency.

 

WHEREAS, the substantial quantity of improperly stored, transported and disposed of waste tires within the City constitute a significant threat to the environmental quality of the City; and

 

WHEREAS, the City Council has determined that it is essential to establish and implement a coordinated plan to oversee and regulate the storage, transportation and disposal of waste tires within the City; and

 

WHEREAS, such regulation requires the implementation of fees to cover the additional costs of registering and inspecting waste tire sites and haulers; and

 

WHEREAS, Article X, Section 22 of the Missouri Constitution (the Hancock Amendment) prohibits political subdivisions from levying any new tax, license or fee without the approval of a majority of the voters voting thereon; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY, MISSOURI:

 

Section A. That Chapter 62 of the Code of Ordinances of Kansas City, Missouri, entitled "Solid Waste", is hereby amended by repealing Article VI therein, entitled "Recycling Waste Tires", consisting of Sections 62-181 through 62-186, and enacting in lieu thereof a new Article VI, entitled "Waste Tire Code", consisting of new Sections 62-181 through 62-200, said Article and Sections to read as follows:

 

ARTICLE VI.

 

WASTE TIRE CODE

 

Sec. 62.181. Title of chapter.

 

This article shall be known and may be cited as the Waste Tire Code.

 

Sec. 62-182. Definitions.

 

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

 

Chipped or shredded tire means a tire that has been reduced to parts no longer than that defined in the definition of a cut tire.

 

Cut tire means a waste tire cut in half circumferentially or cut into at least four (4) parts with no part being larger than approximately one-quarter (1/4) of the original tire's size.

 

Department means Office of Environmental Management.

 

Director means the director of Office of Environmental Management or any authorized representative.

 

Salvage means old or scrap copper, brass, rope, rags, batteries, paper, rubber debris, iron, steel and other old or scrap ferrous or nonferrous material.

 

Salvage yard means an establishment, area, or place of business maintained, operated, or used for the storing, keeping, buying, or selling of salvage.

 

Salvage vehicle means a vehicle which is incapable of operation or use upon the highways or which has no use or resale value except as a source of parts or scraps. The absence of any of the following items shall be deemed to render a vehicle inoperable: front or rear fender, front or rear quarter panel, hood, trunk lid, front grill, front or rear clip, wheel, front or rear axle, engine, transmission, instrument panel, windshield or window, or dashboard.

 

Owner and operator means any person who owns, leases, operates, controls or supervises a waste tire collection facility, waste tire processing facility, waste tire site, waste tire hauling company, salvage yard, auto salvage yard or garbage dump.

 

Auto salvage yard means a place that stores salvage vehicles for more than fifteen (15) consecutive calendar days or dismantles salvage vehicles for the sale of parts or buys and sells used motor vehicle parts and accessories or stores used motor vehicle parts and accessories for more than fifteen (15) consecutive calendar days.

 

State means the state of Missouri.

 

Vector means any organism, such as an insect, that transmits a pathogen.

 

Waste tire means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect or has been discarded with the intent of final disposal.

 

Waste tire collection center means any establishment or place of business where waste tires are collected or stored for more than thirty (30) days.

 

Waste tire hauler means any individual or business hauling or transporting tires within the

City.

 

Waste tire processing facility means any establishment or place of business where waste tires are processed for disposal, recycling or any other purposes.

 

Waste tire site means any establishment, area or place of business where waste tires are stored including waste tire collection centers, waste tire processing facilities, salvage yards, auto salvage yards and garbage dumps.

 

Waste tire site means any establishment, area or place of business where waste tires are stored including waste tire collection centers, waste tire processing facilities, salvage yards, auto salvage yards and garbage dumps.

 

Sec. 62-183. Administration and enforcement of chapter.

 

The director of the Office of Environmental Management shall administer or cause to be administered the provisions of this chapter.

 

Sec. 62-184. Conflicting Provisions.

 

Wherever conflicting provisions or requirements occur between this article and any other municipal codes or laws, the most restrictive shall govern.

 

Sec. 62-185. Prohibited Activities.

 

(a) It shall be unlawful for any person to dispose of waste tires in the city except as provided in this article. Waste tires shall be collected only at a waste tire site, waste tire processing facility, or a waste tire collection center.

 

(b) A person shall not maintain a waste tire site unless the site is permitted by the state department of natural resources for the proper and temporary storage of waste tires or the site is an integral part of the person's permitted waste tire processing facility or the site is exempt from the state's permit requirements;

 

(c) Waste tires may not be deposited in a landfill as a means of ultimate disposal unless the tires have been cut, chipped or shredded.

 

Sec. 62-186. Duties of the department.

 

The department is authorized to:

 

(a) Encourage the voluntary establishment of waste tire collection centers at retail tire selling businesses and waste tire processing facilities; and

 

(b) Investigate, locate and document existing sites where tires have been or currently are being accumulated, and initiate efforts to bring these sites into compliance with rules and regulations promulgated pursuant to the provisions of this article.

 

Sec. 62-187. Collection of waste tires by retailers.

 

(a) Acceptance by sellers. Any person selling new, used or remanufactured tires at retail shall accept, at the point of transfer, in a quantity equal to the number of tires sold, used or waste tires from customers, if offered by such customers. Any person accepting used or waste tires may charge a reasonable fee reflecting the cost of proper management of any waste tires accepted; except that the fee shall not exceed two dollars per waste tire for any tire designed for a wheel of a diameter of sixteen inches or less and which tire is required to be accepted on a one-for-one basis at the time of a retail sale pursuant to this subdivision.

 

(b) Posting of information. Such a seller shall prominently post a written notice for customers that contains information about this section, including statements about the illegality of improperly discarding waste tires and the requirements that sellers must accept waste tires for disposal and recycling. The notice shall be in such size and format, and contain such other information, as the director shall prescribe, and shall substantially conform to a model notice which the director shall prepare for use by sellers.

 

Sec. 62-188. Inspections.

 

The director may inspect or cause to be inspected any establishment subject to this article to determine compliance with this article. Inspections may be performed when alleged violations of this code are reported to the director. There shall be no fee for the inspection.

 

Each establishment subject to this article shall be inspected annually. Reinspections shall be scheduled when annual or complaint inspections are failed. It is a violation for any person to fail to comply with any provision of this article. Any person who fails to post the notice required by Section 62-187 shall be guilty of an ordinance violation.

 

Owners will be notified of annual inspections at least 14 days in advance of the scheduled inspection date. Notification of such annual inspection will be in writing mailed or delivered in person to the person and address shown on the application for registration for receipt of such notifications. Owners or their representatives, must make premises available for inspection and may accompany inspectors during inspections.

 

Sec. 62-189. Limited storage of tires allowed; permitted use of waste tires.

 

(a) Any person having obtained a permit from the City to operate an auto salvage yard, may without further license, permit or payment of fee, store but shall not bury on his or her property, up to five hundred waste tires that have been chipped, cut or shredded; provided however, that such tires are only from vehicles acquired by him or her and that such tires are stored in accordance with the rules and regulations adopted by the department pursuant to this section. Any tire retailer or wholesaler may hold more than five hundred waste tires for a period not to exceed thirty days without being permitted as a waste tire site if such tires are stored in a manner which protects human health and the environment pursuant to regulations adopted by the department.

 

(b) Notwithstanding any other provisions of this article, a person who leases or owns real property may use waste tires to secure covers over silage, hay, straw or agricultural products.

 

(c) Waste tires collected and stored for processing, disposal and recycling pursuant to the provisions of this section shall be stored as required by law.

 

(d) Any person may store less than five (5) waste tires for recycling or other uses. Any person storing less than five (5) tires shall stack the same and maintain vector control unless said tires are being utilized for other purposes.

 

Sec. 62-190. Waste tire site, closure plan.

 

Each operator of a waste tire site shall ensure that the area is properly closed upon cessation of operations pursuant to Section 260.275 RSMo.

 

Sec. 62-191. Abatement of violations.

 

(a) Authorized. If the owner, operator or person in care, custody or control of any site in violation of the provisions of this article fails to correct such violations within 15 days of the notice provided pursuant to this article, then the director may, in addition to resorting to any other available legal remedy, declare the site to be a public nuisance and may enter the site where such nuisance exists, for the purpose of abating such condition, with or without the consent of the owner or occupant thereof, without being deemed to have committed a trespass. This limited right of entry shall extend to any person hired or otherwise engaged by the director to abate such nuisance conditions.

 

(b) Assessment of costs. The director shall thereafter determine the actual costs incurred to effect that abatement, together with a reasonable administrative charge, with such administrative charge not to exceed $500.00, which, after providing reasonable notice to the owner and occupant of the site, shall be assessed against the owner and occupant. If an owner or occupant so requests in writing received within ten days of the date of that notice, the director shall hold a public hearing to determine the reasonableness of that assessment.

 

(c) Payment of assessment. If such assessment is not paid in full within 30 days, then the director shall certify the charge for abatement to the director of finance as a special assessment represented by a special tax bill against the real property affected. At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten years. Should any such installment become delinquent, the whole unpaid amount shall become due.

 

Sec. 62-192. Requirements for waste tire haulers.

 

(a) Waste tire haulers shall:

 

(1) Register with the department prior to operating within the City except that any waste tire hauler currently operating shall have ninety (90) days to register pursuant to this

provision.

 

(2) Obtain and maintain a valid permit from the State to operate as a waste tire hauler pursuant to Section 260.270 RSMo. A copy of said permit shall be provided to the

department at the time of registration with the department.

 

(3) The following persons are not required to register to haul waste tires provided that pollution, a public nuisance or a health hazard is not created:

 

(A) A person hauling, collecting or storing less than five (5) tires per load;

 

(B) A person hauling warranty tires or new defective tires to the retailer, wholesaler

or manufacturer for adjustment credit or return; and

 

Sec. 62-193. Waste tire site permit application.

 

(a) A person desiring to establish, maintain or operate a waste tire site within the City shall:

 

(1) Register with the department.

 

(2) Obtain and maintain a valid permit from the State to operate a waste tire site pursuant to Section 260.270 RSMo. A copy of said permit with the following attachments shall

be provided to the department at the time of registration:

 

(A) Evidence of compliance with 10 CSR 80-8.040;

 

(B) Detailed site plans and operational plans containing the information necessary

to comply with the storage requirements of this rule.

 

(C) Plans for final disposition of the waste tires;

 

(D) A contingency plan designed to minimize the hazards to human health and the

environment from fires, runoff of contaminants resulting from fires and from

mosquitos in case of failure of the primary method of vector control. The

contingency plan shall include, but not be limited to, the following items, as

applicable:

 

(i) The actions site personnel must take in response to fires, runoff

resulting from fires and mosquito breeding in waste tires;

 

(ii) An evacuation plan for site personnel, in case of fire; and

 

(iii) Evidence that the fire contingency plan has been provided to the fire

department.

 

(iv) Evidence of compliance with local and state Department of Natural

Resources water pollution control regulations, (as set forth in 10 CSR

20-6.010); and

 

(v) Evidence of property ownership.

 

Sec. 62-194. Waste tire site fees.

 

Annual Registration Fee $ 75.00

 

Annual Inspection No fee

 

Reinspection Fee $100.00

 

Sec. 62-195. Waste tire hauler.

 

Any person registering as a Waste Tire Hauler within the City of Kansas City, Missouri shall pay a $25.00 annual registration fee to the director.

 

Sec. 62.196. Denial of registration.

 

The department will allow registration upon compliance with the provisions of this article. Failure to comply with the provisions of this article shall result in denial of registration with the department. Upon denial of registration, the department will issue a written report to the applicant as to the reasons for noncompliance.

 

Failure to register under this article shall constitute a violation of this ordinance.

 

Sec. 62-197. Storage requirements.

 

The following storage requirements shall be met prior to registration as a waste tire site.

 

(a) Fire Protection.

 

(1) Whole waste tire storage shall meet the Standard for Storage of Rubber Tires, NFPA 231D, 1989 edition, adopted by the National Fire Protection Association (NFPA).

 

(2) Cut, chipped or shredded waste tire storage shall meet the fire prevention, exposure protection and fire fighting access guidelines contained in the Standard for Storage of

Rubber Tires, 231D, 1989 edition, adopted by the National Fire Protection Association

(NFPA).

 

(3) Indoor storage of waste tires shall meet the requirements contained in NFPA 231D, 1989 edition. (Copies of the NFPA standard for indoor and outdoor storage may be

obtained by contacting the NFPA, P.O. Box 9101, Quincy, MA 02269 (800-344-3555.)

 

(4) Outdoor storage shall meet the requirements contained in NFPA 231D, Appendix C, 1989 edition and the Uniform Fire Code, 1991 edition, Sections 4.108, 11.303(f) and

34.103.

 

(b) Runoff Protection. Surface water drainage must be diverted around and away from waste tires.

 

(c) Location. Waste tire sites shall not be located in a wetland, sinkhole or floodplain (unless protection against at least the fifty year design flood by impervious dikes or other appropriate means to prevent the flood waters from contacting the waste tires).

 

(d) Site Control. Waste tire sites shall be fenced or enclosed or otherwise made inaccessible. Signs shall be posted to prohibit unauthorized entry. (Wording such as "Access Restricted to Authorized Haulers Only" may be used.)

 

(e) Vector Control. Conditions shall be maintained that are unfavorable for the harboring, feeding and breeding of vectors. If the method being used to control vectors is not effective, the owner/operator of the waste tire site must use an alternative method to correct the vector problem. The owner/operator of a waste tire site storing tires during the period April 1 through October 31 shall use one (1) or more of the following methods of vector control:

 

(1) Drain tires of water unless certified dry by the waste tire hauler and keep dry within a building, enclosed trailer or under cover impermeable to water. The cover shall be

maintained to be impermeable to water.

 

(A) Tires received November 1 through March 31 that contain water shall be

drained of water by April 1.

 

(B) Tires received April 1 through October 31 that contain water shall be drained

of water within twenty-four (24) hours of receipt;

 

(2) Alter tires so as not to retain water. Tires received November 1 through March 31 shall be altered and drained of water by April 1. Tires received April 1 through October 31

shall be altered and drained of water upon receipt or be certified dry by the waste tire

hauler. If certified dry by the waste hauler, the tires shall be altered within seven (7)

days of receipt;

 

(3) Treat the tires with a larvicide and/or adulticide appropriate to prevent the development of mosquito larvae and pupae and repeat treatment as often as necessary to prevent such

development, taking into account the effectiveness and life of the larvicide and/or

adulticide utilized.

 

(A) Larvicides and/or adulticides must be applied in accordance with their label,

Chapter 281, RSMO and Missouri Department of Agriculture regulations.

 

(B) The dimensions of the tire pile and the method of stacking the tires shall allow

for application of the larvicide and/or adulticide to all tires; and

 

(4) Alternate methods of vector control may be approved by the department if documented to control larvae, pupae and adult mosquitoes.

 

Sec. 62-198. Removal of improperly disposed of tires.

 

Any person who owns, occupies or has care, custody or control of any property where tires have been stored or disposed of in a manner not in compliance with the law shall, upon notice, remove such improperly stored or disposed of waste tires as provided in this article within 15 days of such notice. Such notice may be delivered in person or by mail to that owner, occupant or person in care, custody, or control of the property or posted prominently on the property.

 

Sec. 62-199. Penalty for violation of article.

 

(a) Any person convicted of a violation of this article shall be punished for that violation by a fine of not less than $100.00 but not more than $500.00. All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (c) of this section.

 

(b) Every day that a violation continues shall be considered a separate offense, for which the violator may be assessed an additional fine.

 

(c) Whenever the penalty is to be a fine, the fine shall be no less than the minimum amount set out in the following schedule:

 

(1) First offense . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00

 

(2) Subsequent offenses . . . . . . . . . . . . . . . . . . . . $500.00

 

Sec. 62-200. Authority to prescribe additional rules and regulations.

 

The director is authorized to make and promulgate reasonable and necessary rules and regulations to carry out provisions of this code. A copy of all such rules and regulations shall be filed in the office of the city clerk.

 

Section B. That pursuant to the provisions of Article X, Section 22, Constitution of Missouri, the establishment of and the amount of the registration and inspection fees for waste tire sites and waste tire haulers shall be submitted to the qualified electors of Kansas City for their approval or disapproval, at the election to be held on August 6, 1996. The proposition shall read as follows:

 

Proposition No. _______

 

Shall the CITY OF KANSAS CITY, MISSOURI, in order to fund a program to encourage environmentally sound management of waste tires, impose an annual registration fee of $75.00 for Waste Tire Sites, an annual registration of $25.00 for Waste Tire Haulers, and a re-inspection fee of $100.00 for the re-inspection of Waste Tire Sites as provided in Third Committee Substitute for Ordinance No. 960041.

 

YES ____

 

NO ____

 

The voter who desires to vote in favor of the proposition shall place an X in the box opposite "YES". The Voter who desires to vote against the proposition shall place an X in the box opposite "NO".

 

If a majority of the qualified voters voting at said election shall vote in favor of the approval of the foregoing proposition, such fees shall become effective immediately. (Instructions to voters will be supplied by the election authorities.) ___________________________________________________________________

 

A full and complete copy of Third Committee Substitute for Ordinance No. 960041 submitting the above amendment to the electorate is on file in the office of the City Clerk of Kansas City, Missouri where the same is open for inspection and copying.

 

The polling places for the election will be (INSERT LIST OF POLLING PLACES IN LAST PUBLICATION ONLY) ___________________________________________________________________ ___________________________________________________________________

 

I hereby certify that the foregoing is the legal notice to be published pursuant to Section 115.127, RSMo, as amended.

 

Given under my hand and the official seal of the City of Kansas City, Missouri, this _______ day of __________________, 199_.

 

 

(SEAL) __________________________________

CATHERINE T. ROCHA

City Clerk of the

City of Kansas City, Missouri

 

Before me a notary public personally appeared Catherine T. Rocha, to me known to be the City Clerk of Kansas City, Missouri, and the person who acknowledged to me that she executed the same for the purposes therein stated.

 

 

__________________________________

Notary Public

 

 

My Commission Expires:____________________________

 

 

Section C. The City Clerk shall deliver certified copies of this ordinance to the Board of Election Commissioners of Kansas City, Missouri, to the Board of Election Commissioners of Clay County, Missouri, to the Board of Election Commissioners of Platte County, Missouri, and to the Clerk of the County Commission of Cass County, Missouri, which shall be the authority of the said Boards of Election Commissioners and County Clerk to submit the proposition to the electors of Kansas City as hereinbefore provided, and to give public notice thereof as approved by law.

 

Section D. This Ordinance, providing for the submission of a proposal to the people, is recognized to be an emergency measure within the provisions of Article II, Section 15 of the Charter of Kansas City, Missouri, and shall take effect immediately upon passage.

 

________________________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney