Current through Register Vol. 43, No. 52, December 26, 2024
(a) Submission
of application. Each person required to obtain a waste tire processing facility
permit, a waste tire collection center permit, or a mobile waste tire processor
permit, as specified in
K.S.A.
65-3424b and amendments thereto, shall submit
an application to the department.
(1) Each
application shall be submitted on forms provided by the department.
(2) Each application shall be submitted to
the department at least 90 days before operations are planned to begin.
(b) Waste tire
processing facility and waste tire collection center permit applications. Each
applicant for a waste tire processing facility or waste tire collection center
permit shall include the following items in the application:
(1) Proof of consistency with zoning or land
use requirements;
(2) a
description of the land use within a radius of onehalf mile of the facility,
identifying all buildings and surface waters;
(3) the following maps:
(A) A site location map showing section,
township, range, and site boundaries;
(B) a site layout drawing, showing the size
and location of all pertinent artificial and natural features of the site,
including roads, fire lanes, ditches, berms, waste tire storage areas,
structures, wetlands, floodways, and surface waters; and
(C) a topographic map that has a scale of no
less than one inch equals 2,000 feet, and that has a contour interval of 10
feet or less;
(4) a
design plan, including equipment placement and a process flow diagram;
(5) an operations plan for the
processing facility or collection center, which that includes the following
information:
(A) The storage capacity for
waste tires and processed waste tires, in passenger tire equivalents;
(B) the procedures that the
facility owner or operator proposes to use to meet the mosquito and rodent
control requirements of K.A.R. 28-29-29b;
(C) for waste tire collection centers, the
proposed methods and schedule for storage of the waste tires before removal
from the site; and
(D) for waste
tire processing facilities, the following information:
(i) The proposed methods and schedule for the
processing or disposal of waste tires;
(ii) the procedures that the facility owner
or operator proposes to use to meet the waste tire processing standards in
K.A.R. 28-29-29; and
(iii) a
description of all equipment to be used in the waste tire processing operation;
(6) a
contingency plan to minimize damage from fire and other emergencies at the
site, including procedures for the following:
(A) Minimizing the occurrence or spread of
fires;
(B) reporting all
environmental problems, including fires, to the department;
(C) remediating the site;
(D) operating the facility when equipment
fails; and
(E) operating the
facility during inclement weather;
(7) proof that the applicant owns the site or
has a lease for the site that runs at least one year. The permit shall be valid
only for the location specified on the permit application;
(8) a closure plan that includes the
following information:
(A) A description of
when and why the operator would suspend the receipt of waste tires at the
facility;
(B) a description of how
all waste tires and processed waste tires will be removed from the site or
otherwise properly disposed of upon closure;
(C) a time schedule for completing the
closure procedures; and
(D) a plan
for site rehabilitation and remediation;
(9) a closure cost estimate based on the cost
to close the facility following the requirements of K.A.R. 28-29-31 and K.A.R.
28-29-31a. The cost of removing processed waste tires from the site shall not
be required to be included in the closure cost estimate if the permittee
demonstrates to the department that the processed waste tires have a positive
market value;
(10) documentation
of financial assurance issued in favor of the department that meets the
requirements of K.A.R. 28-29-2101 through K.A.R. 28-29-2113; and
(11) the applicable application fee specified
in K.A.R. 28-29-2011.
(c) Mobile waste tire processor permit
applications. Each applicant for a mobile waste tire processor permit shall
include the following items in the application:
(1) A description of all equipment to be used
in the mobile waste tire processing operation;
(2) documentation of financial assurance
issued in favor of the department that meets the requirements of K.A.R.
28-29-2101 through K.A.R. 28-29-2113; and
(3) the application fee specified in K.A.R.
28-29-2011.
(d) Permit
renewal. As specified in
K.S.A.
65-3424b and amendments thereto, each waste
tire processing facility permit, waste tire collection center permit, and
mobile waste tire processor permit shall be issued for a one-year period. Any
permittee may apply to the secretary for permit renewal by submitting the
renewal application to the department at least 30 days before the permit
expiration date. Each renewal application shall be submitted on forms provided
by the department and shall include the following items:
(1) For each waste tire processing facility
permit and each waste tire collection center permit, the following items:
(A) An annual operations report that
summarizes the information required in K.A.R. 28-29-31a(c);
(B) an updated closure cost estimate;
(C) documentation of updated
financial assurance that meets the financial assurance requirements in K.A.R.
28-29-2101 through K.A.R. 28-29-2113; and
(D) the applicable permit renewal fee
specified in K.A.R. 28-29-2011; and
(2) for each mobile waste tire processor
permit, the following items:
(A) An annual
operations report that summarizes the information required in K.A.R.
28-29-31a(c);
(B) documentation of
financial assurance that meets the financial assurance requirements in K.A.R.
28-29-2101 through K.A.R. 28-29-2113; and
(C) the permit renewal fee specified in
K.A.R. 28-29-2011.
(e) Permit modifications. Any waste tire
processing facility, waste tire collection center, or mobile waste tire
processor permittee may request from the secretary a permit modification to
modify the operations authorized in an unexpired permit. The procedure for
modifying permits specified in K.A.R. 28-29-8 shall apply.
(f) Transfers of ownership. The permittee
shall provide notice of plans to transfer ownership of any facility or business
permitted under these regulations to the department at least 60 days before the
transfer. Each permit shall be issued only for the person or persons and the
premises or business named in the permit. As specified in
K.S.A.
65-3424k and amendments thereto, permits
shall not be transferable.
