§ 130A-309.60. Nuisance tire collection sites.
§130A‑309.60. Nuisance tire collection sites.
(a) On or after July 1,1990, if the Department determines that a tire collection site is a nuisance,it shall notify the person responsible for the nuisance and request that thetires be processed or removed within 90 days. If the person fails to take therequested action within 90 days, the Department shall order the person to abatethe nuisance within 90 days. If the person responsible for the nuisance is notthe owner of the property on which the tire collection site is located, theDepartment may order the property owner to permit abatement of the nuisance. If the person responsible for the nuisance fails to comply with the order, theDepartment shall take any action necessary to abate the nuisance, includingentering the property where the tire collection site is located andconfiscating the scrap tires, or arranging to have the scrap tires processed orremoved.
(b) When the Departmentabates the nuisance pursuant to subsection (a) of this section, the personresponsible for the nuisance shall be liable for the actual costs incurred bythe Department for its nuisance abatement activities and its administrative andlegal expenses related to the abatement. The Department may ask the AttorneyGeneral to initiate a civil action to recover these costs from the personresponsible for the nuisance. Nonpayment of the actual costs incurred by theDepartment shall result in the imposition of a lien on the owner's realproperty on which the tire collection site is located.
(c) This section doesnot apply to any of the following:
(1) A retail businesspremises where tires are sold if no more than 500 scrap tires are kept on thepremises at one time;
(2) The premises of atire retreading business if no more than 3,000 scrap tires are kept on thepremises at one time;
(3) A premises wheretires are removed from motor vehicles in the ordinary course of business if nomore than 500 scrap tires are kept on the premises at one time;
(4) A solid wastedisposal facility where no more than 60,000 scrap tires are stored above groundat one time if all tires received for storage are processed, buried, or removedfrom the facility within one year after receipt;
(5) A site where no morethan 250 scrap tires are stored for agricultural uses; and
(6) A construction sitewhere scrap tires are stored for use or used in road surfacing and constructionof embankments.
(d) The descendingorder of priority for the Department's abatement activities under subsection(a) of this section is as follows:
(1) Tire collectionsites determined by the Department to contain more than 1,000,000 tires;
(2) Tire collectionsites which constitute a fire hazard or threat to public health;
(3) Tire collectionsites in densely populated areas; and
(4) Any other tirecollection sites that are determined to be a nuisance.
(e) This section doesnot change the existing authority of the Department to enforce any existinglaws or of any person to abate a nuisance.
(f) As used in thissection, "nuisance" means an unreasonable danger to public health,safety, or welfare or to the environment. (1989, c. 784, s. 3.)