HomeMy WebLinkAboutOrdinance 1985 (110) ORDINANCE REGULATING STORAGE OF WASTE TIRES
Ordinance # //U
WHEREAS, large accumulations of waste tires create a significant fire
hazard, and
WHEREAS, large conflagrations of waste tires have started in other parts
of the country, and have created serious ongoing environmental hazards and pollution,
and cannot be easily extinguished.
NOW THEREFORE, BE IT ENACTED BY ORDINANCE AS FOLLOWS:
Section 1. "Waste Tire" is defined as the rubber or other resilient material
product which is used on a vehicle or other equipment wheel to provide tread, which
is discarded or cannot be used for its original intended purpose because it is used,
damaged, or defective.
Section 2. Storage of Waste Tires Prohibited.
A. No person shall cause or permit the management, storage, collection,
transportation, processing, or disposal of waste tires, except in full compliance
with the provisions of this Ordinance. For the purpose of this Section, a transporter
of waste tires shall be considered to be the agent of a person who produces or other-
wise accumulates waste tires in the course of his business.
B. The land storage or land disposal of waste tires is prohibited unless
said waste tires are first processed to a maximum particle size of six (6) square
inches on any surface. This Section shall not preclude the storage of waste tires
at, collection centers authorized by the County or, on-site storage by persons who
produce or otherwise generate waste tires.
C. Persons who produce or otherwise accumulate waste tires in the course
of their business shall keep records concerning their waste tire management. Such
records shall include, but not necessarily be limited to: the volume of waste tires
generated; identification of transporters, disposers, and processors utilized by
said persons or their agents; date and quantities of waste tire shipments, disposal.
or processing; documentation verifying the proper management of such waste tires,
and such other information or data requested by the Zoning Administrator that may
reasonably be needed to ensure the proper management of waste tires. When requested
by the Zoning Administrator, said persons shall disclose these records to the Zoning
Administrator. Waste tire management records must be maintained by said persons for
at, least three years following waste tire shipment, disposal, or processing.
Section 3. Violations.
(1) Forfeiture. Any person who violates any provision of this
Ordinance shall, upon conviction, be subject to a forfeiture not to exceed
$500 together with costs of prosecution and penalty assement; and in'default
of payment of such forfeiture and costs, shall be subject to imprisonment in
the county jail until such forfeiture and costs be paid, but not to exceed 30
days. A separate offense shall be deemed committed upon each day during or
on which a violation occurs, or continues.
(2) Injunctive Relief. In the event of a violation, or threat of
violation of this Ordinance, the Zoning Administrator may institute appropriate
actions or proceedings to include injunctive relief to prevent, restrain, correct,
or abate such violations or threatened violations; and the District Attorney may
institute a civil action.
(3) Civil Action. St. Croix County may recover damages resulting from
violations of this Ordinance in a civil action in the name of the County. The
District Attorney may institute such an action. This remedy shall be in addition
to each and every other remedy prescribed herein.
(4) Costs in Civil Action or as Special Tax. If the owner or the operator,
or both, of the waste facility or solid waste collection operation fails to comply
with the provisions of this Ordinance, the County may recover the costs incurred by
the County in completing the required procedures in a civil action in any Court
of competent jurisdiction or, in the discretion of the Board of Supervisors, the
costs may be certified to the County Treasurer as a special tax against the land.
Section 4. This Ordinance shall take effect upon passage and publication in
the legal newspaper for St. Croix County.
Section 5. Savings Clause. Should any provision of this Ordinance be declared
unconstitutional, the remainder of the provisions not so affected shall remain valid
and enforcable.
Adopted this day of /��jz�7 1984.
ST. CROIX COUNTY COMPREHENSIVE, ZONING,
PARKS AND PLANNING COMMITTEE
Negative Affirmative