Current through all regulations passed and filed through September 16, 2024
(A)
The operator of a
mobile scrap tire recovery facility shall comply with the operational criteria
specified in this rule until the mobile scrap tire recovery facility is closed
and the operator of the mobile scrap tire recovery facility has received
written concurrence with the certification in accordance with rule
3745-580-525 of the
Administrative Code.
[Comment: The owner or operator of a
class I or class II scrap tire recovery facility authorized to operate mobile
scrap tire recovery equipment is subject to this rule.]
(B)
The operator
shall operate the mobile scrap tire recovery 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 registration certificate and the
current license. Unless otherwise authorized in writing by Ohio EPA, a copy of
all authorizing documents for the mobile scrap tire recovery facility including
a copy of the license shall be available at the business location of the mobile
scrap tire recovery facility.
[Comment: Rule
3745-580-20 of the
Administrative Code establishes the requirements for the 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
3745-580-515 of the
Administrative Code.
(5)
In a manner that does not result in a nuisance or
health hazard.
(6)
Provide a mobilization and demobilization notification
as specified in rule
3745-580-504 of the
Administrative Code.
(7)
At any project site for a period not to exceed thirty
days, unless the operator requests additional time in writing and receives
written approval from Ohio EPA allowing the extension.
(8)
Prior to license
issuance, fund a financial assurance instrument pursuant to rule
3745-503-05 of the
Administrative Code for the amount specified in rule
3745-580-22 of the
Administrative Code.
(9)
Maintain financial assurance in accordance with rule
3745-580-22 of the
Administrative Code.
(10)
Not accept additional scrap tires onto the project site
for processing, unless authorized by the director.
(11)
Confine scrap
tire handling to the smallest practical area.
(12)
Prior to leaving
the project site, remove all handled whole or processed scrap tires unless the
scrap tires will be used for a preauthorized beneficial use or an authorized
beneficial use in accordance with rule
3745-580-801 or
3745-580-802 of the
Administrative Code.
(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.
[Comment: An operator may dispose of
scrap tires at a solid waste landfill facility if the operator is unable to
process the scrap tires due to the construction of the scrap tire, if the scrap
tires are contaminated with mud or other materials that render the tires
unsuitable for processing, if the scrap tires have been burned, or if the scrap
tires consist of pieces that are the byproduct of the processing of scrap
tires. Scrap tires that are unable to be processed due to construction of the
scrap tire may include but is not limited to aircraft tires and forklift
tires.]
(14)
The outside scrap tire handling area or scrap tire
storage area is not located within the following at the project site:
(a)
One hundred feet
from the property line and structures not owned or leased by the property
owner.
(b)
Twenty-five feet from the property line and structures
not owned or leased by the property owner for individual piles or portable
containers with five hundred scrap tires or less.
(c)
Two hundred feet
from a stream, lake or wetland.
(C)
Facility access
management. The operator shall manage access to the mobile scrap tire recovery
facility at the project site as follows:
(1)
Limit access to
the mobile scrap tire recovery facility equipment and scrap tire handling area
by unauthorized personnel except during operating hours when operating
personnel are present.
(2)
Prepare and maintain a written plan that details what
security measures shall be implemented to protect the scrap tires from theft in
the scrap tire handling area at the project site.
(3)
Take all
necessary measures to prevent scavenging.
(E)
Fire prevention
and response.
(1)
Storage. All whole, cut, baled, rough shredded scrap
tires, and processed scrap tire shreds handled by the operator of the mobile
scrap tire recovery facility shall be stored in a manner that ensures the
following:
(a)
Each scrap tire storage pile is no greater than two thousand
five hundred square feet in area, with a maximum length and width of fifty
feet.
(b)
A minimum 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 if greater than three
feet.
(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 eight feet high.
(iii)
Fire breaks
meet the specifications of rule
3745-580-07 of the
Administrative Code.
(2)
Access. The
operator of the mobile scrap tire recovery facility shall ensure access to the
project site for emergency vehicles to and around the scrap tire handling areas
at all times.
(3)
Fire contingency plan. The operator of the mobile scrap
tire recovery facility shall prepare and implement a fire contingency plan that
conforms to the following:
(a)
Contains the information specified in rule
3745-580-501 of the Ohio
Administrative Code, including the location of a working portable fire
extinguisher kept at the facility.
(b)
Is available for
inspection by Ohio EPA during normal operating hours.
(c)
Is updated
annually or if there is a change to any information contained in the
contingency plan.
(4)
Fire response. If
a fire occurs at the project site where a mobile scrap tire recovery facility
is operating, the business owner or operator of the mobile scrap tire recovery
facility shall comply with rule
3745-580-30 of the
Administrative Code.
(F)
Mosquito control.
The operator of the mobile scrap tire recovery facility shall employ the
following measures to control the breeding of mosquitoes for the scrap tires
handled at the project site:
(1)
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 mosquito
control 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.
(2)
Maintain
pesticide application records at the mobile scrap tire recovery facility
business location 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 registration certificate issued under rule
3745-580-503 of the
Administrative Code if the director concludes at any time that any applicable
laws have been or are likely to be violated.
