Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-580 - Scrap tire
Section 3745-580-105 - Exclusions from the requirement to obtain a scrap tire transporter registration certificate
Universal Citation: OH Admin Code 3745-580-105
Current through all regulations passed and filed through September 16, 2024
(A) Any person who transports more than ten scrap tires in a single load is not subject to the specifications of rule 3745-580-06 or 3745-580-101 of the Administrative Code provided the person meets one of the following:
(1)
Transports scrap
tires for their own use in agriculture or for producing or processing
aggregates.
(2)
Is engaged primarily in the retail sale of the
following types of tires and transports twenty-five or fewer scrap tires in a
single load and not more than two hundred fifty scrap tires in a calendar
year:
(a)
Farm
machinery.
(b)
Construction equipment.
(c)
Commercial
cars.
(d)
Commercial tractors.
(e)
Motor
buses.
(f)
Semi truck tires.
(3)
Is a government
agency, local government, or operation owned by a local government that is
transporting scrap tires obtained from conducting roadside or litter clean ups
on public property or a community tire collection event and uses only
government owned or leased vehicles or designated privately owned vehicles
whose use is donated and not purchased.
(4)
Is a nonprofit
organization, university, or other civic organization, that has received
written concurrence from Ohio EPA prior to transporting scrap tires obtained
from conducting a scrap tire clean up event and uses government owned or leased
vehicles or designated privately owned vehicles whose use is donated and not
purchased.
(5)
Is a tire retreader or tire dealer who tracks scrap
tires in an inventory or shipping paper system so that the scrap tires can be
returned to the original owner of the scrap tires.
(6)
Is a for-hire
motor carrier who transports scrap tires that are still owned by the scrap tire
generator on a commercial bill of lading to a dealer or manufacturer for the
purposes of a warranty adjustment, repair, or retreading, regardless of the
condition of the scrap tires.
(7)
Is a for-hire
motor carrier who transports scrap tires that are still owned by the scrap tire
generator on a commercial bill of lading to another business location owned or
operated by the scrap tire generator, regardless of the condition of the scrap
tires.
(8)
Is a for-hire motor carrier that transports purchased
scrap tires from a registered scrap tire transporter, an owner or operator of a
registered or permitted scrap tire facility, or business excluded pursuant to
rule 3745-580-205,
3745-580-305, or
3745-580-405 of the
Administrative Code to a final destination outside of Ohio. The for-hire motor
carrier transporting the scrap tires shall submit a request on forms prescribed
by the director, obtain written approval from Ohio EPA, and remain responsible
for the shipment of scrap tires until the scrap tires reach the final
destination.
(9)
Is a scrap tire generator that transports scrap tires
on a vehicle owned by the scrap tire generator to another business location
owned or operated by the scrap tire generator, to a scrap tire retreading
business, or to a manufacturer for the purposes of a warranty adjustment or
repair.
(10)
Transports exclusively segregated loads of retreadable
truck tire casings, retreadable off-the-road tire casings, or scrap bias ply
tires to a scrap tire retreading facility for retreading. The scrap tire
transporter shall demonstrate proof that the scrap tires have been purchased by
having a commercial bill of lading or a detailed receipt accompany each load
describing the scrap bias ply tires or retreadable truck tire casings, the
listing price paid, the source of the scrap tires, and the destination. This
exclusion does not apply to scrap tires in the transportation vehicle not
destined for retreading.
(11)
Is a barge, ship, or rail common carrier company that
transports scrap tires if the barge, ship, or rail common carrier is acting as
an agent or subcontractor to a registered scrap tire transporter, has obtained
written approval from Ohio EPA on forms prescribed by the director, and ensures
the approval accompanies the shipment of scrap tires to the end destination and
then is returned to the registered scrap tire transporter. The shipment of
scrap tires shall be the responsibility of the following:
(a)
The registered
scrap tire transporter and the common carrier until the scrap tires reach their
final destination.
(b)
The registered scrap tire transporter for scrap tires
that are staged at a dock or rail yard prior to shipment.
(12)
Transports exclusively TDF or TDC for use as a fuel or a
beneficial use authorized pursuant to rules
3745-580-801 and
3745-580-802 of the
Administrative Code.
(13)
Transports solely crumb rubber.
(14)
Is the property
owner of the site and has obtained written authorization from Ohio EPA or the
board of health to properly remove and dispose of scrap tires from the property
to abate a public nuisance or open dump. The property owner shall only use
vehicles owned or leased by the property owner or vehicles whose use is donated
to the property owner and not use commercial vehicles hired by the property
owner and operated by an unregistered scrap tire transporter. This exclusion is
applicable only to the scrap tires that are identified in the
authorization.
(15)
Has obtained written permission from Ohio EPA to
transport scrap tires for a beneficial use authorized in accordance with rule
3745-580-801 or
3745-580-802 of the
Administrative Code.
(16)
Transports burned and partially burned scrap tires for
disposal to a sanitary landfill facility.
(B) The exclusions contained in paragraph (A) of this rule do not relieve a scrap tire transporter from compliance with rule 3745-580-111 of the Administrative Code.
Replaces: 3745-27-54
Disclaimer: These regulations may not be the most recent version. Ohio 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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