Current through September 24, 2024
A.
(1) A person must obtain written
authorization from the Department to operate a waste tire collection site. The
person normally required to obtain authorization shall be the owner or leasee
of the operation. In order to obtain authorization, a person must complete an
application supplied by the Department, and comply with the applicable
requirements and regulations.
(2)
In certain instances, the Permit Board may require that a permit be obtained to
operate a waste tire collection site. In determining whether a permit should be
required, the Permit Board shall consider the quantity of waste tires to be
stored on site, the location of the site, and any other relevant factors which
would warrant special concern. Where a permit is required, the same application
shall be completed and the same process followed as required in Rule 4.3(A)(1),
although the Department may require additional information as part of the
application.
(3) Persons operating
waste tire collection sites which are not an integral part of a waste tire
processing facility may obtain authorization or a permit only if the applicant
is able to demonstrate with an executed contract or other document that each
waste tire collected on site will be processed or removed within a reasonable
time frame not to exceed 90 days.
B. A person operating a waste tire collection
site in which waste tires are stored indoors shall comply with the following
technical and operational standards:
(1) Each
waste tire storage pile shall have no greater dimensions than 25 feet wide and
50 feet long.
(2) Storage clearance
in all directions from roof structures shall not be less than 3 feet.
(3) The width of main aisles between piles
shall be not less than 8 feet.
(4)
Depending upon the number of tires to be stored at a facility and the location
of the facility, an automatic sprinkler system may be required.
(5) Storage clearance from the top of storage
to sprinkler deflectors shall not be less than 3 feet.
(6) Tires shall be stored clear of all blower
and exhaust ducts.
(7) Storage
clearance from unit heaters, radiant spaceheaters, duct furnaces, and flues
shall not be less than 3 feet in all directions.
(8) Clearance shall be maintained to lights
or light fixtures to prevent possible ignition.
(9) Clearance shall be maintained to all
entrance ways, exits, and fire doors.
(10) The person operating the site shall
control mosquitos and rodents so as to protect the public health and welfare
and to prevent public nuisances. These actions may include periodic application
of an approved mosquito controllant to the waste tire storage pile, the
frequency of which should increase during warm/wet weather periods of the
year.
C. A person
operating a waste tire collection site in which waste tires are stored outdoors
must comply with the following technical and operational standards:
(1) Each waste tire storage pile shall have
no greater dimensions than 15 feet high, 50 feet wide, and 100 feet
long.
(2) A minimum separation
distance of 50 feet shall be maintained between waste tire storage piles as a
fire lane. Access to the fire lane for emergency vehicles must be unobstructed
at all times.
(3) The site shall be
kept free of grass, underbrush, and other potentially flammable vegetation at
all times.
(4) The person operating
the site shall control mosquitos and rodents so as to protect the public health
and welfare. These actions may include periodic application of an approved
mosquito controllant to the waste tire stockpile, the frequency of which should
increase during warm/wet weather periods of the year.
(5) Waste tire storage piles should generally
be kept at least 50 feet from the adjacent property line. However, an alternate
separation distance may be approved by the Department contingent upon such
factors as date of facility establishment, quantity of waste tires stored,
nature of business operations,
(6)
surrounding property use, and other factors.
(7) Access to the site shall be controlled
through the use of fences gates, natural barriers or other means.
D. A person may receive approval
to operate a waste tire collection site in which waste tires are stored in
trailers, vans, or other mobile storage facilities.
E. The Department shall establish the maximum
storage capacity of waste tire collection sites on a site specific basis. A
site shall normally not store more than 5,000 tires at any time. However, the
waste tire storage limit may also be affected by such site specific conditions
as the amount of storage area available, local laws or ordinances, the general
land use of the surrounding properties and other pertinent factors. The
Department may consider requests for approval of storage limits in excess of
5,000, provided that the person operating the site can adequately demonstrate
that such an increase will not result in problems of mosquito breeding,
harborage of rodents, potential fire hazards or compliance problems.
F. Persons who operate waste tire collection
sites at which reusable tires are separated from waste tires for processing or
resale for their original intended purpose shall store the reusable tires in a
manner consistent with Rules 4.3(B) and 3(C) of these requirements.
Furthermore, such tires shall be removed from the collection site on a
frequency sufficient to prevent problems of mosquito breeding, harborage of
rodents, potential fire hazards or compliance problems.
G. All waste tires shall either be processed
or removed from the site within a reasonable time frame not to exceed 90 days.
The Department may approve an alternate storage duration contingent upon the
quantity of waste tires stored and other operating conditions of the
facility.
H. If the waste tire
collection site receives tires from persons other than the operator of the
site, a sign shall be posted at the entrance of the site stating operating
hours. An attendant shall be present at the site at all operating hours of the
facility.
I. Fire protection
services for the waste tire collection site shall be assured through
notification of local fire protection authorities and compliance with any local
fire codes or ordinances.
J. In the
event that a fire should occur at the site, the person operating the site shall
initiate immediate action to extinguish the fire and to limit the off-site
impact of said fire and shall notify the Department as soon as
possible.
K. A person operating a
waste tire collection site shall comply with the transportation and
certification requirements of the Waste Tire Transportation Regulations as
adopted by the Commission.
L. A
person operating a waste tire collection site shall maintain the following
records for a minimum of three years after the date of removal of the tires:
(1) for waste tire loads of five (5) or more
received at the site, the name and waste tire hauler identification number of
the hauler who delivered the waste tires to the facility and the quantity of
waste tires received from that hauler; or the name, address, and telephone
number of the waste tire transporter and the quantity of tires received from
that transporter;
(2) for waste
tire loads of five (5) or more shipped from the site, the name and waste tire
hauler identification number of the hauler who transported the tires from the
site and the quantity of waste tires shipped with that hauler; or the name,
address, and telephone number of the waste tire transporter and the quantity of
tires shipped with that transporter;
(3) for waste tire loads of five (5) or less
received or shipped from the site, the total monthly quantity of waste tires
received and the total monthly quantity of waste tires shipped for all
transporters; and
(4) where
applicable, the quantity of reusable tires separated from incoming loads at the
site and the retreading/resale facility to which they are shipped.
M. A person operating a waste tire
collection site which receives tires from persons other than the operator shall
submit a monthly report on forms provided by the Department, detailing the
information required by Rule 4.3(L) as well as other activities at the
collection site. This monthly report shall be submitted to the Department
before the 15th of the following month. The Department may waive this
requirement for small local government waste tire collection sites.
N. As a part of the application for an
operating permit required pursuant to Rule 4.3(A), the applicant shall submit a
closure plan which includes:
(1) a
description of how and when the area will be closed;
(2) the method of final disposition of any
waste tires remaining on the site at the time notice of closure is given to the
Department.
(3) Proof of financial
responsibility pursuant to Rule
4.6 of these regulations.
O. A person operating a waste tire
collection site shall implement the closure plan required pursuant to Rule
4.3(N) and shall take the following actions to ensure that the site is properly
closed upon cessation of operations:
(1)
notify the Department at least ninety (90) days prior to the date of expected
closure.
(2) take action to prevent
public access to the site;
(3) post
a notice at the site indicating that the site is closed;
(4) take action to ensure that all tires at
the site have been properly processed, disposed, or otherwise
managed;
(5) take other appropriate
remediation action at the site if deemed necessary by the Department;
and
(6) notify the Department upon
completion of the closure activity.
P. No waste tires may be received by the
waste tire collection site after the date of closure.
Miss. Code Ann.
§§
17-17-1,
et seq., 17-17-201, et seq., 17-17-401 et seq., 49-2-9(1)(b), 49-17-17(i),
49-17-1, et seq., and 49-2-1, et seq.
