39-6501. DEFINITIONS. As used in this chapter:

(1) "City" means the city where the waste tire storage site is located.

(2) "County" means the county where the waste tire storage site is located.

(3) "Department" means the department of environmental quality.

(4) "Dispose" means to drop, deposit, dump, spill or permanently place any waste tire onto or under the ground or into the waters of this state, or to own or control property where waste tires are dropped, deposited, dumped, spilled or permanently placed onto or under the ground or into the waters of this state.

(5) "Existing waste tire storage site" means any property storing waste tires prior to recycle, reuse, or final disposal as of July 1, 2003, regardless of whether the owner or operator possesses a permit or other written city or county authorization authorizing the storage of waste tires at the property.

(6) "Mining waste tire" means a waste tire which is greater than fifty-four (54) inches in diameter which was used in mining operations. Mining waste tires may be disposed of by burial. The department of lands shall prepare guidelines to govern the burial of mining waste tires.

(7) "Motor vehicle" means any automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination or other vehicle operated on the roads of this state, used to transport persons or property and propelled by power other than muscular power, but motor vehicle does not include bicycles.

(8) "New waste tire storage site" means any property that is not storing waste tires as of July 1, 2003, and applies for and receives a permit or other written city or county authorization to store waste tires prior to recycle, reuse or final disposal on or after July 1, 2003.

(9) "Operator" means any person presently, or who was during any period of waste tire storage or disposal, in control of, or having responsibility for a waste tire storage site or a waste tire disposal site.

(10) "Owner" means a person who owned a waste tire storage site or disposal site at any time waste tires are stored or disposed at the property, and the current owner of the waste tire storage site or waste tire disposal site.

(11) "Person" means an individual, public or private corporation, partnership, association, firm, joint stock company, joint venture, trust, estate, municipality, commission, political subdivision of the state, state or federal agency, department or instrumentality, special district, interstate body or any legal entity, which is recognized by law as the subject of rights and duties.

(12) "Retail tire dealer" means any person actively engaged in the business of selling new, used, or retread replacement tires at the retail level.

(13) "Store" or "storage" means to accumulate more than two hundred (200) waste tires at any time, in a manner that does not constitute final disposal at a waste tire disposal site, or to own or control property on which more than two hundred (200) waste tires accumulate at any given time, in a manner that does not constitute final disposal at a waste tire disposal site. The following activities shall not constitute "storing" or "storage" of waste tires:

(a) A retail tire dealer collecting less than one thousand five hundred (1,500) waste tires at any point in time for each retail business location.

(b) A tire retreader collecting less than three thousand (3,000) waste tires at any point in time for each individual retread operation so long as the waste tires are of the type the retreader is actively retreading.

(c) A wrecking salvage business collecting less than one thousand five hundred (1,500) waste tires for each retail business location.

(d) A waste tire disposal site collecting waste tires for disposal at the site in accordance with the site’s approved operating plan.

(e) A wholesale tire dealer collecting less than one thousand five hundred (1,500) waste tires at any point in time for each wholesale business location.

(f) An approved solid waste transfer station or solid waste landfill collecting less than one thousand five hundred (1,500) waste tires prior to transfer to an approved waste tire storage or disposal site.

(g) A farm or livestock operation which utilizes waste tires to secure farm or livestock silage or wastes provided the total number of waste tires shall not exceed one thousand five hundred (1,500).

(h) A permitted facility storing tires for an approved beneficial use.

(14) "Tire" has the meaning provided in section 49-121, Idaho Code.

(15) "Tire retreader" means any person actively engaged in the business of retreading tires by scarifying the surface to remove the old surface tread and attaching a new tread to make a usable tire.

(16) "Transport" or "transporting" means picking up or hauling waste tires.

(17) "Waste tire" means a motor vehicle tire originally used for operation of a vehicle on a public roadway which is no longer suitable for its original intended purpose because of wear, damage or defect.

(18) "Waste tire storage site" means a new or existing waste tire storage site.

(19) "Waste tire disposal site" means a public or private municipal solid waste landfill operating in compliance with section 39-6503, Idaho Code.

(20) "Wholesale tire dealer" means any person engaged in the business of selling new replacement tires to tire retailers.

(21) "Wrecking salvage business" means any establishment or place of business which is maintained, used, or operated, for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

History:

[39-6501, added 1991, ch. 308, sec. 1, p. 808; am. 1993, ch. 375, sec. 1, p. 1373; am. 2001, ch. 103, sec. 57, p. 298; am. 2003, ch. 281, sec. 1, p. 758.]