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Chattanooga takes step to curb tire dumping

Tires are seen that have been dumped along Lee Avenue near Burnt Mill Road on Thursday, Jan. 7, 2016, in Chattanooga, Tenn.
Tires are seen that have been dumped along Lee Avenue near Burnt Mill Road on Thursday, Jan. 7, 2016, in Chattanooga, Tenn. Tires are seen that have been dumped along Lee Avenue near Burnt Mill Road on Thursday, Jan. 7, 2016, in Chattanooga, Tenn.
photo Tires are seen that have been dumped along Lee Avenue near Burnt Mill Road on Thursday, Jan. 7, 2016, in Chattanooga, Tenn.

Chattanooga might combat tire dumping by requiring businesses to have permits and keep accurate disposal records if they handle waste tires.

In January, Chattanooga Public Works reported that waste crews picked up 17,000 dumped tires in 2015. Chief Code Enforcement Inspector Donna Casteel recently said her department has logged 24 tire dumping cases so far this year, compared to 16 for all of last year.

In a recent meeting, the City Council discussed the impact of a proposed ordinance governing the registration of tire dealers and waste tire haulers.

“As with many types of legislation like this, it’s really keeping honest people honest,” said Councilman Ken Smith, who sponsored the ordinance. “Unfortunately, it’s something we have to do, I think, to discourage this kind of behavior and the rash of tire dumping we’re having around town.”

The annual $25 permit fee is not intended to be burdensome, but only meant to cover administrative costs, he said.

The proposed ordinance requires that each location of affected businesses have a permit, which includes a decal that must be displayed on any vehicle used for hauling waste tires. Additional vehicles also require decals, which cost $15 apiece.

Transporting waste tires without a proper permit and decal is a misdemeanor offense that comes with a $50 fine per tire, and each day of continued violation is a separate offense. If improperly dumped tires are tracked back to a tire seller, that business will be fined the same penalty.

Councilman Chip Henderson voiced support for the ordinance, calling it a “good first step,” but cautioned the potential for unintended consequences that could put used tire sellers out of business. He recommended reviewing the ordinance a year after implementation and making necessary adjustments.

Councilman Jerry Mitchell asked whether the Chattanooga Land Development Office, which is tasked with conducting random permit inspections, can work with the ordinance.

“Is it strict enough for you to enforce, or does it leave it open to your interpretation and, therefore, open to potential claims of mistreatment by businesses?” Mitchell asked.

The ordinance is “probably enforceable as written,” said Gary Hilbert, the department’s director, adding he expects his office may run into problems with smaller businesses that sell used tires.

Councilman Larry Grohn also questioned the department’s ability to enforce the ordinance and whether the permits duplicated any required state registrations.

“Will this give you any more teeth to get rid of unsightly and health-hazardous dealers?” asked Council Chairwoman Carol Berz, citing secondhand tire sellers who displayed hundreds of tires on their property.

While the ordinance addresses tire storage requirements, it does not specifically addresses restrictions on how dealers may display used tires for sale.

The City Council announced plans to vote on the ordinance April 26 and to review the matter further in the meantime.

Contact staff writer Paul Leach at 423-757-6481 or pleach@timesfreepress.com.