Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 402 - SOLID WASTE MANAGEMENT RULES: TRANSFER STATIONS AND STORAGE SITES FOR SOLID WASTE
Section 096-402-7 - Procedures for Licensing and Operating Tire Storage at Sites Other Than Transfer Stations or Tire Processing Facilities

Universal Citation: 06 ME Code Rules § 096-402-7

Current through 2024-38, September 18, 2024

A. Applicability. This section applies to new and existing areas established only for the storage of tires. If any other solid waste is stored on the property containing the tire storage area(s), review and approval under section 2 or 3 is required. Storage of tires at tire processing facilities is regulated under sections 2 through 4 of 06-096 CMR ch. 409.

B. (Reserved)

C. Permit-by-Rule Notification Requirements for Small Tire Storage Areas at Licensed Automobile Recycling Businesses. The permit-by-rule provisions of this subsection shall apply to automobile recycling businesses as defined in 30-A M.R.S.A. §3752 holding a valid local permit issued in accordance with 30-A M.R.S.A. §3755-A, where the total area for tire storage will not be greater than 10,000 square feet and the height of the storage area(s) will be less than 10 feet. Failure to meet all of these conditions will require formal application to the Department for a license to develop and operate the tire storage area(s) under section 7(D) or 7(E), or section 2. The Department assumes the storage of tires in strict conformity with these permit-by-rule provisions will meet the standards of 06-096 CMR ch. 400, section 4 because of their similarity to the criteria required to be reviewed by 30-A M.R.S.A. §3755-A. No variances to the requirements of this subsection may be granted.

All tire storage areas licensed under this subsection must be operated in accordance with operational criteria set by the municipality in which the auto recycling business is located. Each tire storage area must be operated so that it does not contaminate ground or surface water.

At least 24 days before commencement of any construction or operation of the storage area, the applicant shall submit to the Department a permit-by-rule notification on a form provided by the Department. Public notice of the filing of this type of permit-by-rule in accordance with 06-096 CMR ch. 400, section 3(B)(1)(c) is not required. This notification must include:

(1) A copy of a valid permit issued by the municipality in which the automobile recycling business is located; and

(2) A copy of the application approved by the municipality.

(3) A statement signed by the applicant that the tire storage area(s) will conform with the requirements of this subsection.

(4) The appropriate application fee.

D. Permit-by-Rule Notification Requirements for Small Tire Storage Areas Not Associated with Licensed Automobile Recycling Businesses. The permit-by-rule provisions of this subsection shall apply to a single tire storage site, operated by one of the types of businesses listed below, that meets all of the standards of this subsection.

Businesses proposing to operate more than one tire storage site must license the additional storage sites under section 7(E). Failure to meet any one of the siting and design standards or operating requirements of this subsection will require licensing under section 7(E). The Department assumes that the storage of tires in strict conformity with these permit-by-rule provisions will meet the standards of 06-096 CMR ch. 400, section 4. No variances to the provisions of this subsection may be granted.

(1) Types of businesses that may apply to license tire storage areas under this subsection

(a) Tire retreading businesses where the total volume for tire storage will be no greater than 5000 square feet by 6 feet high;

(b) Automobile graveyards or junkyards as defined in 30-A M.R.S.A. §3752 et seq. where the total volume for tire storage will be no greater than 2500 square feet by 6 feet high;

(c) Automobile recycling businesses as defined in 30-A M.R.S.A. §3752 et seq., but without a valid local permit issued in accordance with 30-A M.R.S.A. §3755-A, where the total volume for tire storage will be no greater than 2500 square feet by 6 feet high; or

(d) Processors or brokers of tire chips for tire derived fuel or construction applications, where the total volume for tire chip storage will be less than 10,000 square feet and the height of the storage area(s) will be less than 12 feet.

(2) Siting and Design Standards. To qualify for a permit-by-rule, all of the following siting and design standards must be met.

(a) Setbacks. The following setbacks must be maintained:

(i) A minimum 20 foot setback between the tire storage areas and all public roads and property boundaries.

(ii) A minimum 50 foot setback between the tire storage areas and residences in existence at the time the application is filed.

(b) Floodplain. New tire storage area(s) shall not be located on a 100-year floodplain.

(i) Within 100 feet of a protected natural resource; or

(ii) In, on or over a protected natural resource, or on land adjacent to the following areas, without first obtaining a permit pursuant to 38 M.R.S.A. §480-A et seq.:

a. A coastal wetland, great pond, river, stream or brook, or significant wildlife habitat contained within a freshwater wetland; or

b. Freshwater wetlands consisting of or containing:

i. Under normal circumstances, at least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water, except for artificial ponds or impoundments; or

ii. Peatlands dominated by shrubs, sedges and sphagnum moss.

(d) Fire Breaks. Any pile of tires greater than 625 square feet must be separated by a fire break consisting of a 25 foot mineral strip. All grasses, weeds, slash, brush, debris, and other combustible material must be removed from this fire break.

(e) Notification of Closure. The Department shall be notified in writing a minimum of 30 days prior to the proposed date of cessation of use of a storage area. Notification shall meet the following closure performance standard:

(i) The storage area must be closed in a manner that minimizes the need for further maintenance; and so that it will not pollute any waters of the state, contaminate the ambient air, constitute a hazard to health or welfare, or create a nuisance.

(ii) At a minimum, the owner/operator must remove all tires from the storage area.

(3) Operational Requirements. A tire storage area must be operated so that it does not contaminate ground or surface water. To qualify for a permit-by-rule, the applicant must propose to operate the tire storage area in compliance with the following operational requirements.

NOTE: The Department will not review and approve the operation of tire storage areas operating under this subsection.

(a) The operator must develop an operations manual to provide for flow-through of tires, and clean-up and maintenance of the storage areas.

(b) The operator shall keep copies of all non-hazardous transport manifests for tires delivered to and removed from the facility. The manifests shall be available for inspection by the Department upon request.

(c) The 25-foot fire break required by paragraph 7(D)(2)(d), above, around any pile of tires greater than 625 square feet must be maintained.

(d) Compaction must not be allowed on piles of chipped tires, unless the facility implements the following temperature monitoring program to prevent excessive heating of the piles. The records of temperature readings must be kept on-site and be available for inspection by the Department upon request.

(i) The core temperature of each pile must be monitored by sufficient numbers of fixed temperature monitoring probes installed in the pile.

(ii) Routine temperature readings must be taken weekly and recorded.

(iii) If a weekly reading exceeds 100° F. in a pile, readings shall be taken daily and recorded until the temperature readings return to 100° or less.

(iv) If any temperature reading exceeds 150° F., the pile will be turned over and aerated to reduce the temperature to 100° F. or less.

(4) Notification Requirements. At least 24 days before commencement of any construction or operation of the tire storage area, the applicant shall submit to the Department a permit-by-rule notification, on forms provided by the Department as part of a completed application. This notification must include:

(a) Description. A description of the proposed tire storage area and, if applicable, the type of business at which the tire storage will occur.

(b) Title, Right or Interest. Evidence of an applicant's title, right or interest in the property on which the storage area is proposed to be located, as specified in 06-096 CMR ch. 400, section 4(A).

(c) Certification: A statement signed by the applicant that all siting and design standards and operational requirements of this subsection will be met.

(d) Topographic Map. The most recent full-size U.S. Geological Survey topographic map (71/2 minute series, if printed) of the area, showing the storage area boundary and the property boundary.

(e) Public notice. A copy of the public notice and other information to demonstrate that the applicant is fulfilling the requirements of 06-096 CMR ch. 400, section 3.

(f) The appropriate application fee.

E. Siting, Design and Operating Requirements for Tire Storage Areas that Do Not Qualify for Permit-by-Rule. This subsection applies to tire storage areas that do not qualify for permit-by-rule under sections 7(C) or 7(D).

(1) Siting and Design Standards. All tire storage areas licensed under this subsection must meet the following siting and design standards.

(a) Setbacks. The following setbacks must be maintained:

(i) A minimum 100-foot setback between the tire storage areas and all public roads and property boundaries.

(ii) A minimum 500 foot setback between the tire storage and residences in existence at the time the application is filed.

(iii) A minimum 300-foot setback between outside tire storage areas and off-site drinking water supply wells and water supply springs in existence at the time the application is filed.

(iv) A minimum 300 foot setback from outside tire storage areas and a significant sand and gravel aquifer.

(b) Floodplain. New tire storage area(s) shall not be located on a 100-year floodplain.

(i) Within 100 feet of a protected natural resource; or

(ii) In, on or over a protected natural resource, or on land adjacent to the following areas, without first obtaining a permit pursuant to 38 M.R.S.A. §480-A et seq.:

a. A coastal wetland, great pond, river, stream or brook, or significant wildlife habitat contained within a freshwater wetland; or

b. Freshwater wetlands consisting of or containing:

i. Under normal circumstances, at least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water, except for artificial ponds or impoundments; or

ii. Peatlands dominated by shrubs, sedges and sphagnum moss.

(d) Size of Storage Areas. The areas proposed for tire storage must be no greater than the applicant demonstrates to the Department are necessary for the viable operation of the tire storage facility, except that the total surface area on the ground of all tire piles must be no greater than 1 acre. No single pile of whole tires may exceed 5,000 square feet. No single pile of chipped tires may exceed 10,000 square feet. The height of any pile must not exceed 10 feet.

(e) Fire Breaks. A fire break consisting of the following must be included:

(i) Each outside storage areas for tires must be separated by a 50 foot minimum mineral strip.

(ii) A 100 foot fire break must be constructed around the ground surface perimeter of the storage area(s). All slash, brush, debris, and other combustible material must be removed for a distance of 100 feet in all directions outside the perimeter. Other fire control measures may be proposed if the local fire ranger and the jurisdictional fire chief for the municipality in which the facility is proposed to be located give written approval of the alternative measures. A copy of the written approval must be submitted with the application.

(f) Operations. A tire storage facility must develop and implement an operations manual for the tire storage areas prepared in accordance with the requirements of this subsection.

(g) Notification of Closure. The Department shall be notified in writing a minimum of 90 days prior to the proposed date of cessation of use of a storage area. Notification shall meet the following closure performance standard:

(ii) At a minimum, the owner/operator must remove all tires from the storage area.

(2) Operating Requirements. A tire storage area must be operated so that it does not contaminate ground or surface water. All new and existing tire storage areas must operate in compliance with the following operating requirements

(a) The operator must develop an operations manual that includes the information that would enable supervisory and operating personnel, and persons evaluating the operation of the tire storage area(s), to determine what requirements must be followed for safe, orderly and environmentally sound operation on a daily and yearly basis.

(b) The operator of the tire storage area(s) shall take whatever measures are necessary to familiarize all personnel responsible for operation of the storage areas with relevant sections of the operations manual, including training on the procedures to be followed in case of an emergency.

(c) Tires that will be stored outside must be positioned into distinct piles. The total surface area on the ground of all piles must be no greater than 1 acre. No single pile of whole tires may exceed 5000 square feet. No single pile of shredded tires may exceed 10,000 square feet. The height of any pile must not exceed 10 feet.

(d) The operations manual must provide for flow-through of tires, and clean-up and maintenance of the storage areas. The tire storage area(s) must be based on the volumes of tires to be delivered to or, if part of a business, generated by the business.

(e) The operator shall keep copies of all non-hazardous transport manifests for tires delivered to and removed from the facility. The manifests shall be available for inspection by the Department upon request.

(f) The ground surface around the area(s) used for storing tires must be constructed and operated with the following fire control measures:

(i) Each outside storage area for tires must be separated by 50-foot minimum mineral strip fire breaks.

(ii) A 100-foot fire break must be constructed around the ground surface perimeter of the storage area(s). All slash, brush, debris, and other combustible material must be removed for a distance of 100 feet in all directions outside the perimeter.

(iii) Other fire control measures may be proposed if the local fire ranger and the jurisdictional fire chief for the municipality in which the facility is proposed to be located give written approval of the alternative measures.

(g) Compaction must not be allowed on piles of chipped tires, unless the facility implements the following temperature monitoring program to prevent excessive heating of the piles. The records of temperature readings must be kept on-site and be available for inspection by the Department upon request.

(i) The core temperature of each pile must be monitored by sufficient numbers of fixed temperature monitoring probes installed in the pile.

(ii) Routine temperature readings must be taken weekly and recorded.

(iii) If a weekly reading exceeds 100°F. in a pile, readings shall be taken daily and recorded until the temperature readings return to 100°F or less.

(iv) If any temperature reading exceeds 150°F., the pile will be turned over and aerated to reduce the temperature to 100°F. or less.

(3) Application Requirements. Any person seeking to license a tire storage area under this subsection shall provide information sufficient to meet the standards and submission requirements of 06-096 CMR ch. 400, section 4, subsections A, B, C, D, E, F, I and K. The remaining standards of 06-096 CMR ch. 400, section 4 are met if the applicant demonstrates that the siting and design standards, and application requirements, of this subsection have been met. The applicant shall also submit to the Department, on application form provided by the Department, the following information:

(a) Description. A description of the proposed tire storage area and, if applicable, the facility at which the tire storage will occur.

(b) Topographic Map. The most recent full-size U.S. Geological Survey topographic map (71/2 minute series, if printed) of the area, showing the storage area boundary and the property boundary.

(c) Site Plan. An accurate site plan of the tire storage site showing property boundaries, existing roads, structures, water supply wells and water supply springs within 500 feet of the property boundaries, proposed storage area(s), interior roadways, fire breaks, and any other features connected to the construction and operation of the storage area(s).

(d) Property Tax Map. A copy of the tax map(s) for the area with the following information noted: the names of each abutter, the location of any residences located within 500 feet of the proposed storage area(s) with the measured setbacks noted, the location of any private water supply wells or water supply springs located within 300 feet of the proposed storage area(s) with the measured setbacks noted, the location of any public water supply wells or water supply springs located within 1000 feet of the proposed storage area(s) with the measured setbacks noted, and the land use of all abutting properties.

(e) Financial Surety. Evidence of financial surety in the form of escrow accounts or other sureties are required to ensure the availability of adequate funds for cleanup operations or final closure of the tire storage site, whether the tires are whole or processed.

(f) Contracts. A copy of contracts for processing/beneficial use/final disposal of tires. Such contracts must indicate the maximum quantity of tires which will be accepted by the processing/beneficial use/disposal facility.

(g) Total Size of Storage Areas. A description, including size(s), of the proposed storage area(s), and a demonstration that the area proposed for uncovered storage is no greater than the minimum size needed. The demonstration must include information on the volumes of tires to be delivered to or, if part of a business, generated by the business, and a management plan for handling the tires which provides for flow-through of the tires , and adequate fire protection for the storage areas.

(h) Flooding. The following information must be provided to demonstrate compliance with the standards of 06-096 CMR ch. 400, section 4(M).

(i) Floodplain map. An applicant shall provide the most recent Federal Emergency Management Agency's flood insurance rate map of the area, if applicable, to demonstrate that the proposed storage area will not be located in a 100 year floodplain, restrict the flow of a 100-year flood, or reduce the storage capacity of a floodplain.

(ii) Storm Water Control Plan. An applicant shall provide either a stormwater management plan which meets the submission requirements of 06-096 CMR ch. 400, section 4(M), or a certification by a qualified professional that the siting and/or design of the proposed storage area will not result in post-construction runoff that is greater than pre-construction runoff.

(i) Operations Manual. An operations Manual prepared in accordance with paragraph 7(E)(2).

(4) Annual Reports. In lieu of annual reports, facilities licensed under this subsection shall maintain operational records at the facility for a minimum of 2 years.

(5) Notification of Closure. The Department shall be notified in writing a minimum of 90 days prior to the proposed date of cessation of use of a storage area. Notification shall meet the following closure performance standard:

(a) The storage area must be closed in a manner that minimizes the need for further maintenance; and so that it will not pollute any waters of the state, contaminate the ambient air, constitute a hazard to health or welfare, or create a nuisance.

(b) At a minimum, the owner/operator must remove all tires from the storage area.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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