(a) County commissions or the governing body of any Class 2 municipality may request primacy on enforcement and establish delegation agreements with the department for enforcement of this chapter. The department shall establish by rule the procedures for delegation. A county or a Class 2 municipality that voluntarily establishes a delegation agreement with the department for local enforcement shall have all of the following responsibilities:
(1) Provide quarterly reports to the department on all scrap tire activities within that quarter on a form prepared and provided by the department.
(2) Provide a written investigation report to the department within 10 days of an initial investigation.
(3) Investigate all reports and complaints regarding scrap tires within the respective county or Class 2 municipality.
(4) Investigate illegal dumping of scrap tires.
(5) Review manifests of scrap tires at businesses.
(b) Notwithstanding any other provision of law, in a Class 2 municipality, the municipal court shall have jurisdiction over violations of this chapter.
(c) In any Class 2 municipality, in lieu of the penalties provided in Section 22-40A-19, the following penalties shall apply:
(1) A person who accumulates scrap tires in violation of this chapter as provided in Section 22-40A-19(a)(1), upon conviction, shall be guilty of a Class C misdemeanor.
(2) A person who processes scrap tires in violation of this chapter as provided in Section 22-40A-19(a)(2), upon conviction, shall be guilty of a Class B misdemeanor.
(3) A person who transports scrap tires in violation of this chapter as provided in Section 22-40A-19(a)(3), upon conviction, shall be guilty of a Class A misdemeanor.
History: (Act 2003-332, p. 823, §12; Act 2025-202, §1.)