Current through all regulations passed and filed through September 16, 2024
(A)
The owner or
operator of a scrap tire storage facility shall comply with the operational
criteria specified in this rule until the scrap tire storage facility is closed
and the owner or operator of the scrap tire storage facility has received
written concurrence with the closure certification in accordance with rule
3745-580-325 of the
Administrative Code.
(B)
The owner or operator shall operate the scrap tire
storage facility as follows:
(1)
Obtain a valid license prior to commencement of
operations and annually thereafter in accordance with Chapter 3745-501 of the
Administrative Code.
(2)
In accordance with the terms and conditions of the
current license and current permit to install or registration certificate.
Unless otherwise authorized in writing by Ohio EPA, the owner or operator of
the scrap tire storage facility shall make a copy of all authorizing documents
for the scrap tire storage facility including a copy of the license and the
permit to install or registration certificate available at the scrap tire
storage facility.
[Comment: Rule
3745-580-20 of the
Administrative Code establishes the requirements for the owner or operator to
receive the director's approval prior to making changes to a facility including
administrative changes, alterations, variances, exemptions, and
modifications.]
(3)
In accordance with the requirements of Chapters 3704.,
3714., 3734., 3745., and 6111. of the Revised Code and the rules adopted
thereunder.
(4)
In accordance with the record keeping and reporting
requirements contained in rule
3745-580-315 of the
Administrative Code.
(5)
In a manner that does not result in a nuisance or
health hazard.
(6)
Post and maintain signs in legible condition at the
entrance to the scrap tire storage facility and at the scrap tire handling
areas that include the telephone numbers for emergency personnel including but
not limited to local fire departments, boards of health, and the appropriate
Ohio EPA district office.
(7)
Manage the scrap tire storage facility such that scrap
tires are not admitted to any unconstructed portion of the scrap tire storage
facility until all site preparations for that area have been completed, all
necessary equipment has been brought to the scrap tire storage facility, and
the scrap tire storage facility has been inspected by the licensing
authority.
(8)
Prior to license issuance, fund a financial assurance
instrument pursuant to rule
3745-503-05 of the
Administrative Code for an amount not less than the closure cost estimate
established in the approved permit to install or registration
certificate.
(9)
Maintain financial assurance that is updated in
accordance with rule
3745-580-22 of the
Administrative Code.
(10)
Accept only whole scrap tires unless otherwise
authorized by the director. Mounted scrap tires, including attached lead
weights, may be accepted and stored at the scrap tire storage facility.
[Comment: Separation of the scrap tire
from the wheel is not considered processing of the scrap tire and may be done
at a scrap tire storage facility.]
(11)
Confine scrap
tire handling and storage to the area specified in the approved permit to
install or registration certificate.
(12)
Ensure all scrap
tire handling areas are sloped and curbed to prevent off-site migration of
runoff generated from the suppression of a fire and residuals from a fire and
to direct runoff to collection points.
(13)
Use only a
registered scrap tire transporter to haul scrap tires to locations authorized
in paragraph (A)(1) of rule
3745-580-110 of the
Administrative Code.
(14)
Not later than seven days after receipt, remove any
unauthorized waste and dispose of the unauthorized waste at an appropriate
licensed facility.
(C)
Facility access
management. The owner or operator of the scrap tire storage facility shall
manage access of the scrap tire storage facility as follows:
(1)
Limit access to
the scrap tire storage facility by unauthorized personnel except during
operating hours when operating personnel are present.
(2)
Secure scrap
tires to prevent theft.
(3)
Take all necessary measures to prevent
scavenging.
(4)
Maintain access roads within the scrap tire storage
facility boundary in such a manner to allow scrap tire storage facility
operations and access at all times with minimum erosion, ponding of surface
water, dust generation, and drag out onto public
roads.
(D)
Scrap tire storage limits. The owner or operator of the
scrap tire storage facility shall maintain the scrap tire storage area,
including any scrap tire storage piles and portable containers containing scrap
tires, as follows:
(1)
For a class I scrap tire storage facility, ensure that
the scrap tire storage area does not exceed three acres, unless a smaller size
limit is established in the facility's permit to install.
(2)
For a class II
scrap tire storage facility, ensure that the scrap tire storage area does not
exceed ten thousand square feet, unless a smaller size limit is established in
the facility's registration certificate.
(E)
Fire prevention
and response.
(1)
Storage. The owner or operator of the scrap tire
storage facility shall store scrap tires in a manner that ensures the
following:
(a)
Each scrap tire storage pile is limited to no greater than
two thousand five hundred square feet in area, with a maximum length and width
of fifty feet.
(b)
A minimum isolation distance of fifty feet from
possible ignition sources is maintained.
(c)
Scrap tire
handling areas, storage areas, and fire breaks are free of combustible
materials and obstructions.
(d)
For inside
storage, the following:
(i)
An aisle width between scrap tire storage piles of at
least eight feet.
(ii)
A clearance distance of at least eighteen inches from
the top of the scrap tire storage piles to sprinkler
deflectors.
(iii)
A clearance distance of at least three feet from the
top of the scrap tire storage piles to roof structures.
(iv)
A clearance
distance of at least three feet from the top of the scrap tire storage piles to
heaters, ducts, and flues, or in accordance with the clearance distances
recommended by the equipment manufacturer.
(e)
For outside
storage, the following:
(i)
Scrap tires are not located under the following:
(a)
Bridges.
(b)
Elevated
trestles, roadways, or railroads.
(c)
Electrical power
lines having a voltage in excess of seven hundred fifty volts or that supply
power to fire emergency systems.
(ii)
Scrap tire
storage piles are no greater than fourteen feet high.
(iii)
Fire breaks
meet the specifications of rule
3745-580-07 of the
Administrative Code.
(iv)
Storage piles may be larger than specified in this rule
if approved by the director.
(f)
For portable
containers, the following minimum isolation distances from buildings and
structures:
(i)
One hundred feet for buildings and structures not owned or
leased by the owner or operator of the scrap tire storage
facility.
(ii)
Fifteen feet for buildings and structures owned or
leased by the owner or operator of the scrap tire storage
facility.
(2)
Access. The owner
or operator of the scrap tire storage facility shall ensure access for
emergency vehicles from the entrance of the scrap tire storage facility to and
around the scrap tire handling areas at all times.
(3)
Fire contingency
plan. The owner or operator of the scrap tire storage facility shall prepare
and implement a fire contingency plan that conforms to the following:
(a)
Contains the
information specified in rule
3745-580-301 of the
Administrative Code, including the location of a working fire extinguisher kept
at the facility.
(b)
Is available for inspection by Ohio EPA during normal
operating hours.
(c)
Is updated annually and not later than thirty days if
the plan fails in an emergency situation or if there is a change to any
information contained in the contingency plan.
(4)
Fire response. If
a fire occurs at the scrap tire storage facility, the owner or operator of the
scrap tire storage facility shall comply with rule
3745-580-30 of the
Administrative Code.
(F)
Mosquito control.
The owner or operator of the scrap tire storage facility shall employ the
following measures to control the breeding of mosquitoes at the scrap tire
storage facility:
(1)
For incoming loads of scrap tires, one of the following
measures upon arrival:
(a)
Remove any liquids from the scrap
tires.
(b)
Treat scrap tires containing water with a pesticide
registered with the United States environmental protection agency and Ohio
department of agriculture, unless the owner or operator is provided with
documentation of proper mosquito control from the scrap tire
transporter.
(2)
For scrap tire storage areas, one of the following
measures:
(a)
Ensure at all times that scrap tires are free of water to
prevent mosquitoes and mosquito larvae habitat.
(b)
Apply a pesticide
registered with the United States environmental protection agency and Ohio
department of agriculture to all scrap tires stored outdoors in accordance with
the product label specifications.
(3)
Maintain the
scrap tire storage area to prevent the ponding of water.
(4)
Maintain
pesticide application records at the scrap tire storage facility for a period
of three years that are available to the director or board of health during
normal operating hours and at a minimum include the following:
(a)
The name of the
pesticide and United States environmental protection agency registration
number.
(b)
The date and time of application.
(c)
The name of the
person who applied the pesticide.
(d)
The amount of
pesticide used per tire or another measurable quantity listed on the
label.
(G)
Revocation. The
director may revoke a permit to install pursuant to rule
3745-500-350 of the
Administrative Code and a registration certificate issued under rule
3745-580-303 of the
Administrative Code if the director concludes that any applicable laws have
been or are likely to be violated.