Secondary metals recyclers in McDuffie County who purchase regulated metal property in any quantity are required to register with the Sheriff’s Office under Georgia Law OCGA 10-1-360. Any person who fails to register annually may be guilty of a misdemeanor of a high and aggravated nature.
A secondary metals recycler is any person who purchases secondary metals property which has served its original purpose. Therefore, this applies to the "metal recyclers" who purchase secondary metals, as well as individuals/businesses who buy old vehicles and other scrap metal from individuals or businesses.
Georgia’s Regulated Metals Recycling Law regulates anyone meeting the definition of a Secondary Metals Recycler which is anyone engaged in Georgia in the business of paying compensation for the purchase of Regulated Metal Property whether or not the person operates from a fixed location or otherwise and whether or not the person is engaged in converting such property into raw material products. This includes any person located in a residence buying metals or buying metals from a truck parked on public or private property.
Regulated Metal Property is any item composed primarily of ferrous or nonferrous metals, but excludes batteries, aluminum beverage containers, used beverage containers (or similar items).
Ferrous metals are those that contain significant quantities of iron or steel. Nonferrous metals are those metals that do not contain significant quantities of iron or steel, and include stainless steel items, copper, brass, aluminum, bronze, lead, zinc, beer kegs, catalytic converters, nickel and any of their respective alloys.
The Regulated Metals Recycling Law exempts from its coverage purchases of Regulated Metal Property from certain sellers including purchases from manufacturing, industrial, or other commercial vendors (but excluding other Secondary Metals Recyclers) that generate or sell Regulated Metal Property in the ordinary course of their business (the “business-to-business exception”), non-profit sellers, law enforcement and public officials acting in their respective capacities and certain court appointed officials.
The Regulated Metals Recycling Law impacts almost every aspect of a Secondary Metal Recycler’s business operations including recordkeeping, the form of payment for purchase transactions, hours of operation, types of Regulated Metal Property it may purchase and from whom it may purchase the metals.
Amendments made in 2012 to the Regulated Metals Recycling Law significantly change how the metal recycling industry conducts business. Recyclers must now register with the county sheriff.
They may no longer pay cash for purchases (other than in exempt transactions). Their business hours have been reduced. They must obtain and retain in their records additional information regarding purchase transactions. Purchases of certain types of Regulated Metal Property (air conditioning coils, burned copper wire and burial memorials) are restricted to certain sellers with proper licenses or documentation. Upon the establishment of a State database recyclers will be required to report purchase transaction information daily to the Georgia Bureau of Investigation.
Finally, recyclers are subject to more stringent penalties for failure to comply with the law.
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