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1994 SESSION
LD4949100Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 10.1-1418.2 as follows:
§ 10.1-1418.2. Improper disposal of tires; penalties.
A. It shall be unlawful for any person, without express, prior written permission of the owner, to store, dump, litter, dispose of, speculatively accumulate or otherwise place waste tires on public or private property in the Commonwealth. For the purposes of this section, "speculatively accumulated waste tires" means any waste tires that are accumulated before being used, reused, or reclaimed or in anticipation of potential use, reuse, or reclamation. Waste tires are not being accumulated speculatively when they can be used, reused, or reclaimed; they have a feasible means of use, reuse, or reclamation available; and at least seventy-five percent of the waste tires accumulated are being removed from the site annually. Any person who violates any provision of this subsection shall be guilty of a Class 1 misdemeanor.
B. It shall be unlawful for any person to store, dump, litter, dispose of, speculatively accumulate or otherwise place more than 500 waste tires on public or private property in the Commonwealth, without first having obtained a permit as required by § 10.1-1408.1. A violation of this subsection shall be a Class 6 felony.
C. No person shall, nor shall he allow others to, store, dump, litter, dispose of, speculatively accumulate or otherwise place on his property more than 500 waste tires, without first having obtained a permit as required by § 10.1-1408.1. Any person who violates any provision of this subsection shall be guilty of a Class 6 felony.