Georgia Code
Part 1 - General Provisions
§ 12-8-40.1. [Effective Until 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 until July 1, 2022. For version effective July 1, 2022, see the following version.
The 2019 amendment, effective June 30, 2019, in paragraph (h)(1), inserted “and ending June 30, 2020,” in the first sentence, added the second sentence, and substituted “fees” for “fee” near the beginning of the third and fourth sentences; and substituted “2022” for “2019” at the end of the first sentence of paragraph (h)(3).
The 2020 amendment, effective June 29, 2020, in paragraph (h)(1), substituted “A fee” for “Beginning July 1, 1992, and ending June 30, 2020, a fee” in the first sentence, deleted the former second sentence which read: “Effective from July 1, 2020, until June 30, 2022, a fee is imposed upon the retail sale of all new replacement tires in this state of 38¢ per tire sold.”, and substituted “fee” for “fees” twice; and substituted “June 30, 2025” for “June 30, 2022” at the end of the first sentence of paragraph (h)(3).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1992, “were” was substituted for “where” in paragraph (e)(4).
Pursuant to Code Section 28-9-5, in 1996, “one-half” was substituted for the fraction “1/ 2” in subparagraph (h)(2)(B).
Law reviews.
For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 165 (2011).
For article, “Conservation and Natural Resources: Waste Management,” see 28 Ga. St. U.L. Rev. 165 (2011).

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