Current through all regulations passed and filed through September 16, 2024
If a term used in this chapter is
defined in rule
3745-500-02 of the
Administrative Code, the definition in rule
3745-500-02 of the
Administrative Code is applicable to this chapter unless the term is defined in
this rule. As used in this chapter:
(A)
"Administrative
change" means an amendment to an authorizing document, information provided in
the registration application, and supplemental information on record at the
agency that is used to support the issuance of a registration certificate or a
license. The amendment is at a minimum equivalent to the rule requirements, and
does not constitute an alteration or modification. An administrative change is
not an action.
(B)
"Beneficial use" means to use a scrap tire in
accordance with rule
3745-580-801 or
3745-580-802 of the
Administrative Code. Beneficial use does not apply to products manufactured
from scrap tires and sold to a customer, including tire derived fuel and tire
derived chips used in accordance with applicable rules and
laws.
(C)
"Crumb rubber" means a product derived from processing
scrap tires down to particle dimensions less than 0.5 inches and where removal
of ninety-nine per cent or more of the steel and fabric from the scrap tires
has occurred.
(D)
"Daily design input capacity " or "DDIC" means the
maximum weight of scrap tires that can be accepted at a scrap tire recovery
facility per day and the maximum weight of scrap tires that can be processed by
a mobile scrap tire recovery facility per day.
(F)
(1)
"Final slope" means the slope of a landfill when it has
reached final grade and includes but is not limited to the composite cap
system, the waste, the composite liner system, and the
subsurface.
(2)
"Fire break" means the area around individual scrap
tire storage piles that is maintained free of combustible
material.
(3)
"For-hire motor carrier" means a person engaged in the
transportation of goods or passengers for compensation and regulated under 49
C.F.R. Part 383 and Part 390.
(I)
(1)
"Industrial landfill facility" or "industrial landfill"
is a solid waste landfill where one or any combination of industrial or
manufacturing waste as defined in rule
3745-30-01 of the Administrative
Code are exclusively disposed. Nontoxic fly ash, nontoxic bottom ash, and
nontoxic spent foundry sand may also be disposed at an industrial landfill
facility.
(2)
"Interim slope" means the slope of a landfill as a
result of daily filling or when a phase, cell, or unit has reached its limits
and includes but is not limited to daily cover, intermediate cover,
transitional cover, waste, the composite liner system, and the
subsurface.
(3)
"Internal slope" means the slope as excavated or
constructed and includes but is not limited to the leachate collection layer,
protective material, select waste, composite liner system and the
subsurface.
(L)
"Limits of waste
placement" means the horizontal and vertical boundaries of a solid waste
landfill within which the owner or operator has been authorized to dispose of
solid waste.
(M)
(1)
"Maximum
horizontal acceleration in lithified earth material" means the maximum expected
horizontal acceleration depicted on a seismic hazard map, with a ninety per
cent or greater probability that the acceleration will not be exceeded in two
hundred fifty years, or the maximum expected horizontal acceleration based on a
site-specific seismic risk assessment.
(2)
"Modification"
means the following:
(a)
For a scrap tire collection or storage facility, any
change in the location of or expansion of the scrap tire handling area, scrap
tire storage area, or scrap tire processing area specified in the facility's
authorizing documents.
(b)
For a scrap tire recovery facility, the
following:
(i)
An increase in the amount of scrap tires accepted at the
scrap tire recovery facility only when it triggers an increase in the scrap
tire recovery facility's DDIC from a class II scrap tire recovery facility to a
class I scrap tire recovery facility.
(ii)
Any change in
the location of or expansion of the scrap tire handling area, scrap tire
storage area, or scrap tire processing area specified in the facility's
authorizing documents.
(c)
For a scrap tire
monocell or monofill facility, the following:
(i)
A substantial
horizontal or vertical expansion in the limits of waste placement, including
but not limited to those modifications specified in division (A)(2)(d) of
section 3734.05 of the Revised
Code.
[Comment: A reduction to the limits of
waste placement or total capacity by itself is generally not considered to be a
modification, unless the reduction also results in other substantial changes to
the facility such that paragraph (M)(2)(b)(iii) of this rule is
applicable.]
(ii)
Any change which may endanger human health or the
environment, including but not limited to a change to operation, technique of
waste received, type of waste received, or design or construction of the
facility, as determined by the director.
(3)
"Monocell" means
a discrete volume for solid waste, which is provided isolation from other solid
wastes, where a segregated waste stream is exclusively disposed within the
limits of waste placement of a solid waste landfill.
(4)
"Monofill" means
a specialized solid waste landfill where a single segregated waste stream is
exclusively disposed.
(N)
"New tire" means
a tire that has never been installed on a vehicle or trailer, or any tire that
is part of a new vehicle or trailer when the motor vehicle or trailer is
manufactured or initially received in Ohio. New tire does not include any used
or retreaded tire.
(P)
(1)
"Passenger tire equivalent" or "PTE" means a unit of
measurement for converting various scrap tire sizes and processed scrap tires
into a standard weight for estimating numbers or volumes of scrap tires.
Twenty-five pounds of whole or processed scrap tires equals one passenger tire
equivalent. The passenger tire equivalent is based on the weight for an average
size passenger and light truck tire.
(2)
"Permittee" means
a person to whom a permit to install has been issued.
(3)
"Phase" means a
discrete area of a scrap tire monofill facility, which has been designated to
facilitate the systematic construction, operation, and closure of the scrap
tire monofill facility.
(4)
"Possess," "possessing," or "possession" of scrap tires
means the generation, storage, ownership, management, or physical control of
scrap tires.
(5)
"Processed tire" or "processed scrap tire" means a
scrap tire that has been altered through a mechanical, chemical, thermal, or
controlled combustion process so that the resulting material is a marketable
product or is suitable for storage or disposal in a scrap tire monocell or
monofill facility. Processed tire includes but is not limited to cut, split,
and shredded tires. Baled tires are only considered processed tires for the
purpose of disposal at a scrap tire monocell or monofill facility. For the
purposes of disposal, processed tires are classified in accordance with the
following:
(a)
Processed tires that are readily identifiable as scrap tires
or pieces of scrap tires by visual inspection are considered scrap
tires.
(b)
Processed tires that are not readily identifiable as
scrap tires or pieces of scrap tires by visual inspection when disposed are
considered solid waste rather than scrap tires, including but not limited to
crumb rubber.
(c)
Items manufactured from processed tires and scrap tire
material that is a by-product of a manufacturing process when disposed is
considered solid waste.
(R)
(1)
"Regulatory floodplain" means an area covered by a one
hundred year flood as depicted on a flood insurance rate map published by the
federal emergency management agency.
(2)
"Rough tire
shreds" or "rough shredded scrap tires" means tire shreds or cut tire pieces
that have any dimension equal to or greater than four inches.
(S)
(1)
"Scrap tire" is a
type of solid waste and means any unwanted or discarded tire, regardless of
size, that has been removed from its original use. Scrap tire includes all
whole scrap tires and pieces of scrap tires that are readily identifiable as
parts of scrap tires by visual inspection. For purposes of this definition,
"unwanted" means the original scrap tire generator, original owner, or
manufacturer of the tire no longer wants to use, or is unable to use, the tire
for its original purpose. Scrap tire does not include the following:
(a)
A tire after it
has been retreaded or regrooved for resale or reuse, unless it has been
declared defective or has been returned to the seller or manufacturer for
warranty adjustment.
(b)
A tire that is mounted and installed on a vehicle or
trailer, or carried on the vehicle or trailer as the spare tire. Trucks with
more than four wheels or with different size wheels or tires may carry more
than one spare tire.
For purposes of this definition,
"installed" means placing the mounted wheel and tire assembly at any of the
positions on a vehicle or trailer where a wheel and tire assembly was initially
placed on the vehicle or trailer during manufacture, and includes the position
normally used for a spare tire or tires.
For purposes of this definition,
"mounted" means placing a tire on a wheel rim so that it can be installed on a
vehicle. A mounted tire may be a scrap tire unless it is also
installed.
(c)
Tires from non-motorized vehicles such as bicycles, or
tires from small equipment such as lawn mowers or wheelbarrows.
[Comment: Tires from non-motorized
vehicles may be recycled, disposed of as scrap tires, or may be disposed of as
solid waste.]
(d)
At a retreading business, a retreadable casing that has
been inspected and individually labeled or marked as suitable for retreading
and is stored in an enclosed building or in a manner otherwise authorized by
the director.
(e)
Tire derived fuel (TDF), tire derived chips or tire
chips (TDC) after the TDF or TDC has been transported from the scrap tire
recovery facility for use as a fuel or for beneficial use in accordance with
rule 3745-580-801 or
3745-580-802 of the
Administrative Code.
(f)
Non-pneumatic, hard, pressed tires, such as forklift
tires.
[Comment: Non-pneumatic, hard, pressed
tires may be recycled, disposed of as scrap tires, or may be disposed of as
solid waste.]
(2)
"Scrap tire
collection facility" means a type of facility for scrap tire storage that meets
all of the following:
(a)
The facility is used for the receipt and storage of
whole scrap tires from the public prior to the transportation of the scrap
tires to one of the locations listed in rule
3745-580-110 of the
Administrative Code.
(b)
The facility exclusively stores scrap tires in portable
containers.
(c)
The aggregate storage volume of the portable containers
in which the scrap tires are stored does not exceed five thousand cubic
feet.
[Comment: If the facility does not meet
the above definition for a scrap tire collection facility, then the facility
may be a scrap tire storage facility. If the facility includes any equipment
for processing, such as cutting or shredding equipment, the scrap tires to
produce a usable product, then the facility is a scrap tire recovery
facility.]
(3)
"Scrap tire
generator" means the original scrap tire owner and any business that removes
tires from vehicles or accepts scrap tires in the normal course of business
such as tire retail dealers, retreaders, and automotive repair
shops.
(4)
"Scrap tire handling area" means an area of a scrap
tire facility where scrap tires are stored, loaded, unloaded, sorted, baled,
shredded, prepared for processing, or processed, and includes that portion of a
scrap tire transporter's business location where scrap tires are unloaded,
sorted, and loaded. A scrap tire handling area does not include vehicle storage
or staging areas or buildings not used for processing or storage of scrap
tires.
(5)
"Scrap tire monocell facility " means a permitted cell
within a solid waste landfill or industrial landfill facility dedicated
exclusively to the environmentally sound storage or disposal of scrap tires
that have been shredded, chipped, or otherwise mechanically processed. Scrap
tire monocell includes facilities that are established and operated within the
limits of waste placement of either of the following facilities as previously
delineated in the applicable authorizing documents or as proposed in an
application for permit to install a new facility or to expand an existing
facility:
(a)
A
solid waste landfill subject to Chapter 3745-27 of the Administrative
Code.
(b)
An industrial landfill facility subject to Chapter
3745-30 of the Administrative Code provided the scrap tires to be received at
the facility meet the definition of "industrial or manufacturing wastes" as
defined in rule
3745-30-01 of the Administrative
Code.
(6)
"Scrap tire monofill facility" means a permitted
landfill dedicated exclusively to the environmentally sound storage or disposal
of scrap tires that have been shredded, chipped, or otherwise mechanically
processed.
(7)
"Scrap tire storage area" means the authorized area of
a premises including but not limited to a scrap tire collection, storage, or
recovery facility where whole or processed scrap tires are
stored.
(8)
"Scrap tire storage facility" means a registered or
permitted facility where scrap tires are stored prior to transport to an
authorized location listed in paragraph (A) of rule
3745-580-110 of the
Administrative Code and includes the following:
(a)
A "class I scrap
tire storage facility" means a scrap tire storage facility that has a permitted
capacity of greater than ten thousand square feet and limited to three acres of
scrap tire storage.
(b)
A "class II scrap tire storage facility" means a scrap
tire storage facility that has a registered capacity of not greater than ten
thousand square feet of scrap tire storage.
[Comment: Division (C) of section
3734.71 of the Revised Code
specifies that the owner or operator of a class I scrap tire storage facility
also be the owner or operator of a licensed scrap tire monocell, monofill, or
recovery facility in Ohio, or a solid waste or scrap tire monocell, monofill,
or recovery facility located in another state and operating in compliance with
the laws of that state.]
(9)
"Scrap tire
storage pile" means an area where scrap tires are stored either indoors or
outdoors on the floor, on the ground, or in racks, and are separated from other
piles by fire breaks.
(10)
"Scrap tire submergence facility" means a type of scrap
tire monofill facility where only whole scrap tires are submerged in water in
an engineered structure.
(11)
"Scrap tire transporter" or "transporter" means the
registrant for a scrap tire transportation business or anyone in the
registrant's employ who signs the scrap tire shipping papers or operates the
registrant's scrap tire transportation vehicles.
(12)
"Scrap tire
shipping paper," or "shipping paper" is a form included with all scrap tire
shipments and is completed by each generator, transporter, and recipient of the
scrap tires.
(T)
(1)
"Tire" for
purposes of fee collection has the same meaning as in section
3734.90 of the Revised Code.
"Tire" and "scrap tire" as used in this chapter means motor vehicle tires and
includes all pneumatic tires.
[Comment: The definition of "tire"
found in section 3734.90 of the Revised Code
applies only to the collection of the state fee on the sale of new tires by a
wholesaler.]
(2)
"Tire adjustment center" means a premises to which
defective new tires and tires returned for warranty adjustment are shipped for
analysis of failure and final disposition.
(3)
"Tire-derived
cylinder" means a tire that has one or both of its sidewalls removed and is
used to confine aggregate in an application that provides base and subbase
strength to roads and other surfaces that are overlaid with concrete, asphalt,
or gravel.
(4)
"Tire manufacturing finishing center" means a premises
where tires are manufactured, inspected, and processed to either finished stock
or scrap.
(5)
"Tire retreading business" means premises where scrap
tires are recycled by processing the scrap tire and attaching a new tread to
the used tire casing.
(6)
"Tire sidewall" means the flat circular part of a tire
left after the tread has been cut away. Tire sidewall does not include a bagel
cut tire or any cut tire where a portion of the tread remains attached to the
sidewall.
(U)
"Used tire" means a whole scrap tire that may have
value in a secondary tire market. A used tire remains a scrap tire until it has
been reused by being installed on a vehicle or trailer.
(V)
"Vertical
expansion" means the extension of the vertical boundary of waste placement that
occurs prior to beginning closure activities in accordance with rule
3745-27-11 of the Administrative
Code. A vertical expansion is a modification. A vertical expansion is not a
unit.
