(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.
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