A. Disposal of Scrap Tires.
Every seller of new or used tires within the City upon request by an authorized agent or employee of the City must demonstrate that each such tire has been disposed of properly by one of the following methods:
1. Manifest provided by a state-permitted waste tire hauler company;
2. Any alternative methods formally approved by CalRecycle.
The City shall provide copies of manifest forms to any seller of new or used tires within the City upon request from the seller to the City. Any seller of new or used tires within the City who cannot adequately demonstrate to City Manager that each whole tire was disposed of properly by one of the above methods, shall be in violation of this Chapter, and subject to civil and/or criminal prosecution by the City.
B. Penalty for Unlawful Disposal of Whole Tires.
It shall be unlawful to dispose of whole tires in any of the following manners within the City:
1. Placement of whole tires in or around any regular commercial, industrial or residential container within the City. A residential customer may contact the franchised hauler to arrange for on-call collection of up to two {2) whole tires twice per calendar year, with a maximum of four {4) tires per calendar year.
2. Placement of whole tires on any public or private property within the City, unless said property is a registered waste tire facility as set forth in Public Resources Code 42800 to 42859, et seq.
Any seller of new or used tires within the City who willfully and knowingly places whole tires in or around any regular commercial, industrial or residential Solid Waste container within the City or along any public or private property, or who allows or directs another party to willfully and knowingly place whole tires in any regular commercial, industrial or residential container within the City or along any public or private property, shall be guilty of a violation of this Chapter, and subject to civil and/ or criminal prosecution by the City.
C. Posting of Notice.
Every seller of new or used tires within the City must post the following notice:
"NOTICE: Every tire left with this facility for disposal is assessed a surcharge established by California Public Resources Code 42885. This surcharge is for the costs of disposal and for development of new uses for scrap tires. Other charges may also be imposed by this operator to cover actual disposal or recycling costs.
der to prevent the illegal disposal of used tires within the City of San Bernardino, if you elect to keep your used tires for private use or disposal, you will be required to sign a Certificate of Removal stating the number of tires that you removed, your name, address and California Driver's License Number. This information will be furnished to the City of San Bernardino. Illegal disposal of whole tires is a violation of Chapter 8.24.080 of the City of San Bernardino Municipal Code, and may result in fines and penalties."
(Ord. MC-1431, 11-10-16)