SUMMARY OF THE CHANGES TO ORDINANCE NO. 11- WASTE TIRE ORDINANCE, ADOPTED BY AN ACTION OF THE KANABEC COUNTY BOARD ON DECEMBER 21, 2021

On December 21, 2021, the Kanabec County Board of Commissioners passed an action adopting the following changes to Ordinance No. 11 – Waste Tire Ordinance.  Underlined text indicates language added to the ordinance.  Strikethrough text indicates language removed from the ordinance.

Subdivision 1. Purpose. This ordinance regulates waste tires and used tires, the establishment, construction, modification, ownership, or operation of waste tire facilities, and the storage, use, processing and disposal of waste tires and waste tire products in Kanabec County; and further regulates used tires, and the establishment, construction, modification, ownership, or operation of sites in which used tires are stored, collected, kept, or deposited in Kanabec County.

Subdivision 2. Definitions.

2.4 “Tire” means a pneumatic tire or solid tire for motor vehicles.

2.7 “Used Tire” means any tire that is no longer mounted on a vehicle or airplane, is suitable for its original intended purpose, and is not a “waste tire,” as defined in 2.5.

2.8 “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

2.9 “Tire retailer” means any business registered with the Minnesota Secretary of State which is actively engaged in the retail sale of new or used tires for use on vehicles or airplanes, operating out of a permanent structure open for and catering to the general public. 

2.10 “Agricultural Use” means the use of land for the growing and/or storage of field crops.

Subdivision 3. Waste Tire Facility Permit Required.

3.2.1 A retail tire seller for the retail selling site if no more than 500 waste tires are kept on the business premises;

A registered and trademarked retail tire seller who is located in Kanabec County for the retail selling site if no more than 500 waste tires are kept on the business premises;

3.2.2 An owner or operator of a tire re-treading business for the business site if no more than 3,000 waste tires are kept on the business premises;

3.2.3 An owner or operator of a business who, in the ordinary course of business, removes tires from motor vehicles if no more than 500 waste tires are kept on the business premises, for example, a salvage yard;

3.2.2 A permitted landfill operator with less than 10,000 500 waste tires stored above ground at the permitted site for 90 days or less.

3.2.3 A person using waste tires for agricultural purposes, in connection with property being put to an agricultural use, as that term is defined in this Ordinance, if the waste tires are kept on the site of use and are cut and split, or, if not split, no more than 1000 100 tires on site and if said property changes to a non-agricultural use, then waste tires must be removed within 120 days; or

3.2.5 A person storing 12 waste tires or less, on property owned or occupied by the person.

Subdivision 4. Issuance of Waste Tire Facility Permit.

4.2 All facilities will be limited to no more than 1000 tires on site at any given time.

Subdivision 8. Used Tires. 

8.1 Except as provided in 8.4 and 8.5, no person may store, process, sell, or dispose of used tires, or establish, construct, modify, own, or operate a used tire business or facility, without obtaining a used tire permit from the County.

8.2 Used tires shall be collected, stored, kept, or deposited on a site only in accordance with this ordinance.  

8.3 Used tires must be inventoried and marketed in substantially the same fashion as a new tire is inventoried and marketed. Any permitted used tire business, facility, or site must be able to provide satisfactory evidence that a used tire market exits, and that the used tires stored or maintained at the permitted premises are in fact being marketed. 

8.4 A used tire permit is required for any business, facility, or site on which more than 500 used tires are collected, stored, kept, processed, or deposited, unless exempt from permitting under 8.5. 

8.5 Notwithstanding 8.4 a used tire permit is not required for any tire retailer that collects, stores, keeps, processes, or deposits less than 5,000 used tires on site (see 2.9 for reference).

8.6 A used tire permit may be issued to an applicant who submits all of the following information to Kanabec County Environmental Services:

8.6.1 An application to the Zoning Administrator on an approved form accompanied by an application fee, which shall be established by the County Board by resolution.

8.6.2 A map depicting the site and location of the used tires to be collected, stored, or deposited.

8.6.3 An approved fire plan from the local fire official. 

8.6.4 The name and contact information for the owner of the site. 

8.6.5 The applicant must demonstrate compliance with all applicable requirements in the zoning and use ordinance.

8.7 Used tire permits shall be valid for one year from the date of issuance by Kanabec County Environmental Services. 

Subdivision 9.  Applicability to existing facilities.

9.1 All waste and used tire businesses, facilities and sites in existence on the effective date of this ordinance are required to apply for and obtain County permits as required under the provisions of this ordinance within 6 months of the effective date of this ordinance.

Subdivision 11. Effective Date.

Adopted on July 13th, 1988 with an effective date of September 1st, 1988.

A one-year interim waste tire ordinance approved on December 8th, 2010. 

Amended on September 28th, 2011 with an effective date of November 1st, 2011.

Amended on December 21st, 2021 with an effective date of January 1st, 2022.

Please contact the County Coordinators office at 679-6440 with any questions.

Published in the Kanabec County Times Jan. 6, 2022

 

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