The County Legislature finds that there is a need for a comprehensive approach to regulating the accumulation, discarding and disposal of waste tires in the County of Putnam. Waste tires cannot be disposed of at conventional landfills or easily recycled. Consequently, waste tires tend to be discarded in large waste piles at unregulated sites across the state. Tires discarded in this manner provide a breeding place for mosquitoes, rats and other vermin. Tires discarded in an unregulated manner also pose the risk of uncontrollable fire.
As used in this article, the following terms shall have the meanings indicated:
COLLECTION SITE
A permitted site or a site exempted from permit under § 205-4 of this article used for the limited storage of waste tires prior to the processing of those tires.
COUNTY
The County of Putnam, State of New York.
DEPARTMENT
The Putnam County Department of Environmental Health.
DIRECTOR
The Director of the Putnam County Department of Environmental Health.
DISCARDING
The abandoning, dumping, depositing or otherwise placing waste tires on any public or private property in this County or in the waters of this County.
DISPOSAL
The abandoning, dumping, depositing or otherwise placing waste tires at an approved disposal facility.
PROCESSING
Reducing or altering the volume or the chemical or physical characteristics of waste tires in order to produce usable materials, including fuel.
SURPLUS
Any amount or number of waste tires at any collection, processing or disposal site or facility which is in excess of the amount or number allowed for that site or facility under §§ 205-4 and 205-6 of this article.
TIRE COLLECTOR
A person who owns or operates a site used for the storage, collection or deposit of (more than 50) waste tires.
TIRE DUMP
An establishment, site or place of business in existence prior to or on the effective date of this article without a required tire collector or tire processor permit that has been used for the storage or stockpiling of unprocessed waste tires.
TIRE PROCESSING SITE
A permitted site, or a site exempted from permit under § 205-4 of this article used for the processing of waste tires and for the limited and temporary storage of waste tires prior to processing.
TIRE PROCESSOR
A person or business engaged in the processing of waste tires.
VECTOR
A carrier that is capable of transmitting a pathogen from one organism to another, including, but not limited to, flies, mosquitoes and other insects, rodents, birds and vermin.
WASTE TIRE
Any tire that has ceased to serve the purpose for which it was originally intended due to factors, such as, but not limited to, wear, damage, defect or imperfection, and has been discarded.
It shall be unlawful for any person, directly or indirectly, to discard any waste tires in this County except at a permitted processing site, collection site or waste disposal facility.
A. 
On and after the effective date of this article, no person shall engage in the collection or processing of waste tires or construction of facilities to do so without first having obtained an applicable permit pursuant to this article.
B. 
Preexisting sites.
(1) 
The owner or operator of any tire dump, collection site or processing site in existence on the effective date of this article shall, within 60 days of the effective date of this article, provide the Department with information concerning its location, size and the approximate number of waste tires stockpiled or stored at the site or dump. The owner or operator of a preexisting site which is not in compliance due to a surplus inventory of waste tires over and above the amounts set forth as limits in §§ 205-4 and 205-6 of this article shall, within 90 days after the effective date of this article, submit a timetable for the reduction and elimination of such surplus so as to come into compliance with the terms of this article within one year of its effective date.
(2) 
Within one year of the effective date of this article, all tire dumps, collection sites or processing sites shall either be in compliance with this article or shall cease operations and remove the waste tires from the facility and dispose or treat them in a lawful manner. When the facility attains the maximum number of tires allowed in the permit or when an exempt facility or person attains the maximum number of tires allowed under terms of the exemption in Subsection C, the facility must cease accepting tires.
C. 
Exemptions. A permit is not required under this article if the following facilities construct or operate areas for storing or stockpiling waste tires:
(1) 
If no more than 1,000 waste tires are stored on the facility premises of a:
(a) 
Facility at which waste tires are generated as a result of selling new tires;
(b) 
Tire retreading business;
(c) 
Business that in the ordinary course of its activities removes tires from motor vehicles; or
(d) 
Permitted solid waste management facility.
(2) 
A person using fewer than 500 waste tires for acceptable agricultural management practices, if the waste tires are kept on the site of use.
(3) 
A person using fewer than 250 tires for ordinary navigational purposes.
A. 
Within one year after the effective date of this article, the Director may adopt and promulgate rules and regulations to carry out the provisions of this article. Such rules and regulations may provide for the administration of (waste) tire collector and tire processor permits, the regulations and operation of tire collection and processing facilities and waste tire nuisance abatement. Such rules and regulations, prior to implementation, must be approved by the Putnam County Legislature.
B. 
The Director may provide technical assistance to municipalities and other persons engaged in the collection or processing of waste tires.
All facilities storing or stockpiling or otherwise processing waste tires must operate in compliance with the following:
A. 
A facility that contains up to 2,500 tires (at a site that is exposed to the atmosphere and elements) shall comply with all of the following conditions:
(1) 
The facility may receive and accumulate only waste tires for stockpiling.
(2) 
All solid waste generated as a result of facility operation must be recycled or disposed of at an approved solid waste disposal facility within one week after generation.
(3) 
Tires shall be accumulated in piles no greater than 15 feet in height with horizontal dimensions no greater than 200 feet on the longest axis, and the base of each pile must have a surface area no greater than 8,000 square feet.
(4) 
Waste tire piles must have a minimum separation distance of 50 feet between piles and between a pile and the following: facility property boundaries, buildings and other structures, not including rights-of-way. These fifty-foot separation areas must be maintained free of obstructions at all times so that emergency vehicles will have adequate equipment access. Tire piles must be accessible to fire-fighting equipment on all sides.
(5) 
Approach roads to the facility and access roads within the facility must be constructed for all weather conditions and must be maintained in passable condition at all times to allow for access by fire-fighting and emergency response equipment.
(6) 
The facility must be maintained free from weeds, trees and vegetation which may restrict access or operations at the facility.
(7) 
Drainage shall be provided for the storage area to prevent the uncontrolled collection and pooling of water on the facility.
(8) 
All waste tire stocks must be maintained in a manner which limits mosquito breeding potential and other vectors.
(9) 
Methods of acceptable vector control may include one or more of the following:
(a) 
Covering by plastic sheets or other impermeable barriers, other than soil, to prevent the accumulation of precipitation.
(b) 
Chemical treating to eliminate vector breeding, provided that all chemical treatment programs used as part of the vector control plan first receive Department approval by the Department pesticide officer in the region in which the facility is located.
(c) 
Mechanical tire size reduction into pieces no larger than four inches by six inches with storing piles that allow complete water drainage.
(10) 
The person collecting or processing tires must provide financial security acceptable to the County in an amount sufficient to cover the cost of removing the tires from the site in case of an emergency at the site or the insolvency of the person collecting or processing the tires.
(11) 
An emergency procedures plan shall be prepared and displayed at the tire storage facility. The plan shall include telephone numbers of the local fire, police and other emergency service departments. The plan shall be reviewed by the local fire department and County fire officials prior to being posted.
B. 
A waste tire facility having a planned or actual capacity of 2,500 or more waste tires that are exposed to the atmosphere and elements shall comply with all the conditions of Subsection A of this section and the following:
(1) 
The area must be completely enclosed by a woven wire, chain-link or other acceptable noncombustible fence material. The fence must be at least six feet in height. Access must be controlled by lockable gates.
(2) 
A dirt berm or barrier not less than five feet in height shall be positioned at the perimeter of the area in which the tires are stored.
(3) 
The area must have, at a minimum, a hydrant or fire pond on the facility and large-capacity carbon dioxide or dry chemical fire extinguishers located in strategically placed enclosures throughout the entire site.
(4) 
If a fire pond is provided, the vector control plan must include provisions to limit mosquito breeding potential and other vectors in the vicinity of the pond.
(5) 
A timetable for volume reduction of waste tires must be submitted by the owner or operator of the site which must provide for a reduction in volume of at least 25% of (surplus) inventory per year until the facility comes into conformity with the requirements of §§ 205-4 and 205-6 of this article.
A. 
There is hereby established within the custody of the County Commissioner of Finance a revolving fund, to be known as the "Waste Tire Fund."
B. 
Such fund shall consist of all of the following:
(1) 
All fines or other sums payable to the fund pursuant to § 205-8 of this article; and
(2) 
Moneys appropriated for transfer to the fund.
C. 
Moneys in the account of this fund, when allocated, shall be available to the Director of the Putnam County Department of Environmental Health for the purposes of carrying out the provisions of this article.
D. 
The moneys, when allocated, shall be paid out of the fund on the audit and warrant of the Commissioner of Finance on vouchers certified or approved by the Director of the Putnam County Department of Environmental Health.
A. 
Criminal sanctions. Any person who, having any of the culpable mental states defined in § 15.05 of the Penal Law, shall violate any of the provisions of or who fails to perform any duty imposed by this article or any rules and regulations promulgated thereto, or any final determination or order of the Commissioner made pursuant to this article, shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine of not less than $1,000 nor more than $2,500 per day of violation.
B. 
Penalties and fines. All penalties and fines collected for violation of this article or any rules and regulations promulgated thereto, and all moneys collected in any action brought on behalf of the County of Putnam for damages resulting from unlawful storage or deposit of waste tires, shall be paid over to the Putnam County Commissioner of Finance for deposit to the credit of the Waste Tire Fund established by this article.