Delaware Code Title 7 Sec. 6040 – Requirement for scrap tire piles; enforcement
(a) The following definitions shall apply to this section:
(1) “Operator” means any person or entity who has or had a contractual or other responsibility for security, maintenance, sales or operations of a scrap tire pile or of any real property on which a scrap tire pile is located, at any time after July 20, 1999; provided that this definition does not include a person or entity whose only ownership interest is as a mortgagee.
(2) “Owner” means any person or entity who has or had legal or equitable ownership interest in a scrap tire pile, or in any real property on which a scrap tire pile is located, at any time after July 20, 1999.
(3) “Scrap tire” means:
a. A tire that is no longer prudent or practical for vehicular use; or
b. A tire that has not been used on a vehicle for more than 6 months after the last date it was used on a vehicle.
(4) “Scrap tire pile” means an accumulation of 100 or more scrap tires, whether or not they are lying 1 upon another, that:
a. Has been accumulated or located in the same general vicinity, or accumulated or located on a parcel of real property; and
b. Is not enclosed by a building.
(5) “Tire” means a covering fitting around the rim of a vehicular wheel to absorb shocks, usually of reinforced rubber or a rubberized compound, and pressurized with air or by a pneumatic inner tube, and typically weighing approximately 25 pounds. Included in this meaning is any substantial portion of such covering, and any weight tires including truck tires.
Terms Used In Delaware Code Title 7 Sec. 6040
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
(b) The Secretary shall, after notice and public hearing, promulgate regulations to establish standards for storage of scrap tires. Such standards shall include:
(1) A limit on the number of scrap tires that may be stored at any given location;
(2) A limit on the length of time that scrap tires may be stored at a given location;
(3) Appropriate mosquito control methods to be employed at scrap tire piles; and
(4) Proper methods for managing scrap tire piles.