Georgia Code
Part 1 - General Provisions
§ 12-8-40.1. [Effective July 1, 2022] Tire Disposal Restrictions; Fees

(c.1) No person shall process scrap tires unless the person has a scrap tire processing permit issued by the division. For purposes of this subsection, the term “process scrap tires” means any method, system, or other treatment designed to change the physical form, size, or chemical content of scrap tires for beneficial use.
if all of the scrap tires are secured in a locked enclosure or are otherwise adequately secured in a manner suitable to prevent unauthorized access; provided, however, that the division may grant a waiver of the enclosure requirement if the person requesting the waiver can definitively show a significant and unique economic hardship which impairs such person’s ability to continue operating his or her business.
(g.1) Subsection (f) of this Code section shall not apply to a farm with not more than 100 scrap tires in storage or in use for agricultural purposes. In addition, the division may grant waivers to allow the storage or use of more than 100 scrap tires for agricultural purposes if such storage or use does not pose a threat to human health or the environment.
History. Code 1981, § 12-8-40.1 , enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 3259, § 7; Ga. L. 1993, p. 399, §§ 11-14; Ga. L. 1997, p. 1081, § 4; Ga. L. 1999, p. 780, § 1; Ga. L. 2005, p. 1247, §§ 9, 10, 11, 12/SB 122; Ga. L. 2008, p. 287, § 1/SB 399; Ga. L. 2011, p. 283, § 3/HB 274; Ga. L. 2013, p. 274, § 5/HB 226; Ga. L. 2013, p. 856, § 2/HB 276; Ga. L. 2014, p. 230, § 1/HB 908; Ga. L. 2019, p. 261, § 2/HB 220; Ga. L. 2020, p. 25, § 3/SB 123; Ga. L. 2021, p. 761, § 5/HB 511.
Delayed effective date.
Code Section 12-8-40.1 is set out twice in this Code. This version is effective July 1, 2022. For version effective until July 1, 2022, see the preceding version.
The 2021 amendment, effective July 1, 2022, deleted the former last sentence of paragraph (h)(1), which read: “All moneys deposited into the solid waste trust fund shall be deemed expended and contractually obligated and shall not lapse to the general fund.”; in paragraph (h)(3), substituted “June 30, 2032” for “June 30, 2025” in the first sentence and substituted “Solid Waste Trust Fund” for “solid waste trust fund” in the second sentence; and deleted former paragraph (h)(4), which read: “The fee amount provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2.”
Editor’s notes.
Ga. L. 2021, p. 761, § 23/HB511, not codified by the General Assembly, provides: “In accordance with the requirements of Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, this Act shall not become law unless it receives the requisite two thirds’ majority vote in both the Senate and the House of Representatives and the amount of the funds dedicated by this Act do not equal or exceed 1 percent of the previous fiscal year’s state revenues subject to appropriations.

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