SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 910084

 

Amending Chapter 16 of the Code of General Ordinances, entitled "Garbage and Trash" by enacting therein a new Article VI, entitled "Recycling Waste Tires", consisting of new Sections 16.85 through 16.90, providing for the recycling of waste tires and providing for an effective date.

 

WHEREAS, millions of waste tires are generated each year in the United States, containing millions of tons of synthetic rubber; and

 

WHEREAS, a substantial number of these waste tires are not being recycled, and it is believed that many of these tires are being improperly disposed of in municipal solid waste landfills or otherwise improperly discarded or stored; and

 

WHEREAS, waste tires may create hazardous conditions, that could be harmful if improperly handled and disposed of causing health risks through burning of stored or stockpiled tires; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 16 of the Code of General Ordinances of Kansas City, Missouri, entitled "Garbage and Trash" is hereby amended by enacting therein a new Article VI, entitled "Recycling Waste Tires", consisting of new Sections 16.85 through 16.90, said Sections to read as follows:

 

ARTICLE VI. RECYCLING WASTE TIRES

 

Sec. 16.85. Short Title.

 

This Article shall be known and may be cited as the "Waste Tire Ordinance of Kansas City" and is intended to regulate the disposal of waste tires within the City and to encourage the recycling of waste tires.

 

Sec. 16.86. Definitions.

 

For the purpose of this Article the following terms shall be deemed to have the meanings indicated below:

 

Director. The director of the Department of Public Works or his designee.

 

Tire. Any tire that consists of a synthetic rubber product to include manufactured products such as nylon, poly fabrics, steel, or other such materials that are man made or otherwise produced.

 

Waste Tire Collection Facility. A licensed facility which stores, collects and processes waste tires for recycling or final disposal.

 

 

Waste Tire Processor. A person licensed to process a tire by volume reduction to create a new raw material for industry or manufacturing.

 

Waste Tire Drop-Off Facility. A secured site, building, retail store or wholesale facility properly maintained, supervised and licensed to accept and temporarily store waste tires for delivery to a waste tire collection facility or waste tire hauler.

 

Waste Tire Hauler. Any person who, as part of their business, is licensed to collect and/or transport waste tires to a waste tire processing facility.

 

Sec. 16.87. Waste Tire Requirements.

 

No person shall knowingly process, discard or dispose of a waste tire in a manner other than in accordance with this section.

 

a. A person other than a person described in paragraph

b, shall discard or otherwise dispose of waste tires only by delivery to a drop-off facility, collection facility, waste tire hauler, licensed processor or person who sells tires.

 

b. A person who sells tires shall discard or

otherwise dispose of waste tires only by delivery to a waste tire drop-off facility, collection facility, waste tire hauler or licensed processor.

 

c. No person shall deposit or allow or cause to be

deposited any waste tire, or any cut, chipped or shredded portions thereof, within a Kansas City, Missouri sanitary landfill.

 

d. A person who violates any provision of this section

shall be guilty of an ordinance violation. For purposes of this section, each instance of processing, discarding or disposal of a tire other than in accordance with this section shall be considered a separate violation.

 

Sec. 16.88. Waste Tire Collection Requirements.

 

a. A person who sells tires or offers tires for sale,

shall accept waste tires from individuals if offered by them at the place where such tires are offered for sale.

 

b. Such a seller shall post a written notice for

customers that contains information about this section, including statements about the illegality of improperly discarding waste tires and the requirement that sellers must accept waste tires for disposal/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.

 

c. The director may inspect any establishment subject

to this section to determine compliance with this ordinance. It is a violation for any person to fail to comply with any provision of this section. Any person who fails to post the notice required by paragraph (b) shall be guilty of an ordinance violation.

 

d. Waste tires collected and stored for processing,

disposal and recycling pursuant to the provisions of this section shall be stored as required by law.

 

Sec. 16.89. 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 fifteen (15) days of said notice.

 

Sec. 16.90. Penalties.

 

Any person violating any of the provisions of this Article, or any lawful rule of regulation promulgated pursuant thereto, upon conviction, shall be punished by a fine not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the Municipal Correction Institution not to exceed six (6) months, or be punished by both fine and imprisonment.

 

Each day's violation of, or failure, refusal or neglect to comply with, any provision of this Article shall constitute a separate and distinct offense.

 

Section B. This ordinance shall become effective ninety (90) days after its adoption. ___________________________________________________________

 

Approved as to form and legality:

 

 

_________________________________

Assistant City Attorney