§ 8-656. Tire hauler permit.

All tire haulers not affiliated with a tire business that is properly permitted in accordance with this article, transporting used or waste tires within the unincorporated areas of the county shall be issued a permit and decal annually by the Memphis and Shelby County office of construction code enforcement for a nonrefundable fee of $250.00. Tire haulers with multiple locations must purchase a permit for each location. Tire haulers will receive one decal included with the permit fee. A separate decal must be purchased by such hauler for any additional vehicles utilized by the hauler to transport waste tires at a cost of $250.00 per decal.

(1)

Application. Every person, firm or corporation obligated to comply with the permit and decal requirement in accordance with this section shall make written application to the county. The application shall be made on a form obtained from the Memphis and Shelby County office of construction code enforcement setting forth, among other things, the following:

a.

Name, physical address, telephone and facsimile number of the applicant;

b.

Tax identification number or taxpayer identification number (if applicable);

c.

Proof of current county business license, issued to the applicant at the proposed business address;

d.

Proof of insurance required in accordance with the state financial responsibility laws;

e.

Such other and further information as the Memphis and Shelby County office of construction code enforcement may require.

(2)

Annual fees.

a.

All permit and decal fees are due annually by July 1 of each calendar year at the Memphis and Shelby County office of construction code enforcement. These annual fees shall be paid in advance of the issuance of such permit, such fee shall be prorated as necessary.

b.

A current valid permit or decal may be replaced by the Memphis and Shelby County office of construction code enforcement for a fee of $15.00.

(3)

Issuance. The Memphis and Shelby County office of construction code enforcement shall issue a permit and decal to a tire hauler who submits the required and completed application, pays to the county the fee as required in this article, and has demonstrated compliance with this article and all applicable county ordinances. Each waste tire hauler registered in accordance with the provisions of this article shall conspicuously post and maintain such decal in his vehicle which is used for transporting tires at all times. Any permit or decal issued in accordance with this section shall not be sold, assigned, mortgaged or otherwise transferred without approval by the Memphis and Shelby County office of construction code enforcement and shall expire upon termination of the tire hauler's business or revocation of such hauler's permit.

(4)

Effective period. The permit shall be effective beginning on July 1 until the next ensuing June 30, on and after which date it shall be null and void.

(5)

Permit exemptions. The following persons are exempt from the tire hauler permit requirements of this section:

a.

A tire hauler who is regulated or licensed by, and is currently in compliance with, state or federal agencies such as the department of transportation; or

b.

A private individual transporting the individual's own waste tires to an approved tire disposal or tire recycling facility.

c.

Haulers removing four or less tires from a residential location provided the hauler is also under contract to remove all other residential solid waste from that home.

d.

Anyone transporting four or fewer used tires directly from a used tire generator facility to a point of re-use or proper storage prior to their re-use.

The hauler shall be allowed to reduce the additional decal fees, and all decal renewal fees, by providing evidence it has paid similar fees in any other jurisdiction. The apportioned amount to be paid to Shelby County shall be determined by determining the percentage of the total fees paid by the hauler to all jurisdictions which is represented by the initially assessed Shelby County decal fee, and multiplying the initially assessed Shelby County decal fee by that percentage.

(Code 1992, § 7-556; Ord. No. 386, 10-26-2009; Ord. No. 441, §§ 1, 5—8, and Exh. A., 11-18-2013)