A. For the purposes of this section:
"Convenience center" means a collection point for the temporary storage of waste tires provided for individuals who choose to transport waste tires generated on their own premises to an established centralized point, rather than directly to a disposal facility. To be classified as a convenience center, the collection point shall not receive waste tires from collection vehicles that have collected waste from more than one real property owner. A convenience center shall have a system of regularly scheduled collections and may be covered or uncovered.
"Speculatively accumulated waste tires" means any waste tires that are accumulated before being used, reused, or reclaimed or in anticipation of potential use, reuse, or reclamation. Waste tires are not being accumulated speculatively when at least 75 percent of the waste tires accumulated are being removed from the site annually.
B. It shall be unlawful for any person to store, dispose of, speculatively accumulate or otherwise place more than 100 waste tires on public or private property, without first having obtained a permit as required by § 10.1-1408.1 or in a manner inconsistent with any local ordinance. No person shall allow others to store, dispose of, speculatively accumulate or otherwise place on his property more than 100 waste tires, without first having obtained a permit as required by § 10.1-1408.1.
C. Any person who knowingly violates any provision of this section shall be guilty of a Class 1 misdemeanor. However, any person who knowingly violates any provision of this section and such violation involves 500 or more waste tires shall be guilty of a Class 6 felony.
D. Salvage yards licensed by the Department of Motor Vehicles shall be exempt from this section, provided that they are holding fewer than 300 waste tires and that the waste tires do not pose a hazard or a nuisance or present a threat to human health and the environment.
E. As used in this section, the terms "store" and "otherwise place" shall not be construed as meaning the holding of fewer than 500 tires for bona fide uses related to the growing, harvesting or processing of agricultural or forest products.
F. The provisions of this section shall not apply to the (i) storage of less than 1,500 waste tires in a container at a convenience center or at a salvage yard licensed by the Department of Motor Vehicles, as long as the tires are not being speculatively accumulated, or (ii) storage of tires for recycling or for processing to use in manufacturing a new product, as long as the tires are not being speculatively accumulated.
G. The provisions of this section shall not apply to the storage of tires for recycling or for processing to use in manufacturing a new product, as long as the tires are not being speculatively accumulated.
H. Nothing in this section shall limit enforcement of the prohibitions against littering and the improper disposal of solid waste contained elsewhere in this chapter.
1994, c. 556; 1997, c. 353; 2003, c. 101.
Structure Code of Virginia
Chapter 14 - Virginia Waste Management Act
§ 10.1-1400.1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 10.1-1401. Virginia Waste Management Board continued
§ 10.1-1402. Powers and duties of the Board
§ 10.1-1402.01. Further duties of Board; localities particularly affected
§ 10.1-1402.02. Use, reuse, or reclamation of coal combustion by-product in a flood plain
§ 10.1-1402.03. Closure of certain coal combustion residuals units
§ 10.1-1402.04. Closure of certain coal combustion residuals units; Giles and Russell Counties
§ 10.1-1402.1. Permit fee regulations
§ 10.1-1402.1:1. Annual fees for nonhazardous solid waste management facilities
§ 10.1-1402.2. Permit Program Fund established; use of moneys
§ 10.1-1402.3. Conformance with federal requirements
§ 10.1-1403. Advisory committees
§ 10.1-1404. Department continued; general powers
§ 10.1-1405. Powers and duties of Director
§ 10.1-1406. Exemptions from liability; expedited settlements
§ 10.1-1406.1. Access to abandoned waste sites
§ 10.1-1406.2. Conditional exemption for coal and mineral mining overburden or solid waste
§ 10.1-1407.1. Notification of local government of violation
§ 10.1-1408.1. Permit required; open dumps prohibited
§ 10.1-1408.2. Certification and on-site presence of facility operator
§ 10.1-1408.4. Landfill siting review
§ 10.1-1408.5. Special provisions regarding wetlands
§ 10.1-1409. Revocation or amendment of permits
§ 10.1-1410. Financial responsibility for abandoned facilities; penalties
§ 10.1-1410.1. Sanitary landfill final closure plans; notification requirements
§ 10.1-1410.2. Landfill postclosure monitoring, maintenance and plans
§ 10.1-1410.3. Operating burn pits at closed landfills
§ 10.1-1411. Regional and local solid waste management plans
§ 10.1-1412. Contracts by counties, cities and towns
§ 10.1-1413. State aid to localities for solid waste disposal
§ 10.1-1413.1. Waste information and assessment program
§ 10.1-1413.2. Requirements for landfill closure
§ 10.1-1415. Litter Control Program
§ 10.1-1415.1. Labeling of plastic container products required; penalty
§ 10.1-1415.2. Plastic holding device prohibited
§ 10.1-1416. Collection and survey of litter
§ 10.1-1417. Enforcement of article
§ 10.1-1418. Penalty for violation of article
§ 10.1-1418.1. Improper disposal of solid waste; civil penalties
§ 10.1-1418.2. Improper disposal of tires; exemption; penalty
§ 10.1-1418.3. Liability for large waste tire pile fires; exclusions
§ 10.1-1418.4. Removal of waste tire piles; cost recovery; right of entry
§ 10.1-1418.5. Lien for waste tire pile removal
§ 10.1-1419. Litter receptacles; placement; penalty for violations
§ 10.1-1421. Responsibility for removal of litter from receptacles
§ 10.1-1422. Further duties of Department
§ 10.1-1422.01. Litter Control and Recycling Fund established; use of moneys; purpose of Fund
§ 10.1-1422.03. Membership, meetings, and staffing
§ 10.1-1422.04. Local litter prevention and recycling grants; eligibility and funding process
§ 10.1-1422.06. Beneficiation facility as manufacturer for grant purposes
§ 10.1-1422.1. Disposal of waste tires
§ 10.1-1422.2. Recycling residues; testing
§ 10.1-1422.3. Waste Tire Trust Fund established; use of moneys; purpose of Fund
§ 10.1-1422.4. Partial reimbursement for waste tires; eligibility; promulgation of regulations
§ 10.1-1423. Notice to public required
§ 10.1-1424. Allowing escape of load material; penalty
§ 10.1-1424.1. Material containing fully halogenated chloro-fluorocarbons prohibited; penalty
§ 10.1-1424.2. Products containing trichloroethylene prohibited; penalty
§ 10.1-1424.3. Expanded polystyrene food service containers prohibited; civil penalty
§ 10.1-1425. Preemption of certain local ordinances
§ 10.1-1425.1. Lead acid batteries; land disposal prohibited; penalty
§ 10.1-1425.2. Collection of lead acid batteries for recycling
§ 10.1-1425.3. Inspection of battery retailers; penalty
§ 10.1-1425.4. Lead acid battery wholesalers; penalty
§ 10.1-1425.5. Construction of article
§ 10.1-1425.6. Recycling programs of state agencies
§ 10.1-1425.7. Duty of the Department of Small Business and Supplier Diversity
§ 10.1-1425.8. Department of Transportation; authority and duty
§ 10.1-1425.9. Duties of the Department of Education
§ 10.1-1425.11. Establishment of pollution prevention policy
§ 10.1-1425.12. Pollution prevention assistance program
§ 10.1-1425.13. Pollution prevention advisory panels
§ 10.1-1425.14. Pilot projects
§ 10.1-1425.15. Waste exchange
§ 10.1-1425.16. Trade secret protection
§ 10.1-1425.17. Evaluation report
§ 10.1-1425.18. Pollution prevention grants
§ 10.1-1425.19. Inspections and enforcement actions by the Department
§ 10.1-1425.20. Findings and intent
§ 10.1-1425.22. Schedule for removal of incidental amounts of heavy metals
§ 10.1-1425.24. Certificate of compliance
§ 10.1-1425.25. Promulgation of regulations
§ 10.1-1425.26. Cathode ray tube and mercury thermostat special waste recycling program
§ 10.1-1425.29. Manufacturer recovery plan
§ 10.1-1425.30. Reporting requirements
§ 10.1-1425.31. Retailer responsibility
§ 10.1-1425.32. Liability for information stored on computers
§ 10.1-1425.33. Department responsibilities
§ 10.1-1425.35. Financial and proprietary information
§ 10.1-1425.36. Fees not authorized
§ 10.1-1425.37. Consumer responsibilities
§ 10.1-1425.38. Sound environmental management
§ 10.1-1425.39. Rechargeable battery recycling and disposal program
§ 10.1-1426. Permits required; waiver of requirements; reports; conditional permits
§ 10.1-1427. Revocation, suspension or amendment of permits
§ 10.1-1428. Financial responsibility for abandoned facilities; penalties
§ 10.1-1429. Notice of release of hazardous substance
§ 10.1-1432. Further powers of Board
§ 10.1-1434. Additional powers and duties of the Board
§ 10.1-1435. Certification of site approval required; "construction" defined; remedies
§ 10.1-1436. Site approval criteria
§ 10.1-1437. Notice of intent to file application for certification of site approval
§ 10.1-1438. Powers of governing body of host community; technical assistance
§ 10.1-1439. Briefing meetings
§ 10.1-1441. Application for certification of site approval
§ 10.1-1442. Negotiations; siting agreement
§ 10.1-1443. Draft certification of site approval
§ 10.1-1444. Public hearing on draft certification of site approval
§ 10.1-1445. Final decision on certification of site approval
§ 10.1-1446. Effect of certification
§ 10.1-1447. Public participation; notice
§ 10.1-1448. Technical Assistance Fund
§ 10.1-1449. Siting Dedicated Revenue Fund
§ 10.1-1450. Waste Management Board to promulgate regulations regarding hazardous materials
§ 10.1-1451. Enforcement of article and regulations
§ 10.1-1452. Article not to preclude exercise of certain regulatory powers
§ 10.1-1454. Transportation under United States regulations
§ 10.1-1454.1. Regulation of wastes transported by water
§ 10.1-1455. Penalties and enforcement
§ 10.1-1456. Right of entry to inspect, etc.; warrants
§ 10.1-1458. Persons to provide plans, specifications, and information