(1) The
definitions of Section R315-320-2 are applicable to the requirements for a
waste tire storage facility.
(2) No
waste tire storage facility may be established, maintained, or expanded until
the owner or operator of the waste tire storage facility has received a permit
from the director. The owner or operator of the waste tire storage facility
shall operate the facility in accordance with the conditions of the permit and
otherwise follow the permit.
(3)
The owner or operator of a waste tire storage facility shall:
(a) submit the following for approval by the
director:
(i) the information required in
Section R315-310-8;
(ii) a plan of
operation as required by Subsection R315-302-2(2);
(iii) a plot plan of the storage site
showing:
(A) the arrangement and size of the
tire piles on the site;
(B) the
width of the fire lanes and the type and location of the fire control
equipment; and
(C) the location of
any on-site buildings and the type of fencing to surround the site;
(iv) a financial assurance plan
including the date that the financial assurance mechanism becomes effective;
and
(v) a vector control
plan;
(b) accumulate
tires only in designated areas;
(c)
control access to the storage site by fencing;
(d) limit individual tire piles to a maximum
of 5,000 square feet of continuous area in size at the base of the
pile;
(e) limit the individual tire
piles to 50,000 cubic feet in volume or ten feet in height;
(f) ensure that piles be at least ten feet
from any property line or any building and not exceed six feet in height if
within 20 feet of any property line or building;
(g) provide for a 40 foot fire lane between
tire piles that contains no flammable or combustible material or
vegetation;
(h) effect a vector
control program, if necessary, to minimize mosquito breeding and the harborage
of other vectors such as rats or other animals;
(i) provide on-site fire control equipment
that is maintained in good working order;
(j) display an emergency procedures plan and
inspection approval by the local fire department and require each employee to
be familiar with the plan;
(k)
establish financial assurance for clean up and closure of the site:
(i) in the amount of $150 per ton of tires
stored at the site; and
(ii) in the
form of a trust fund, letter of credit, or other mechanism as approved by the
director;
(l) maintain a
record of the number of:
(i) tires received at
the site;
(ii) tires shipped from
the site;
(iii) piles of tires at
the site; and
(iv) tires in each
pile; and
(m) meet the
applicable reporting requirements of Subsection R315-302-2(4).
(4) Whole tires stored in a tire
fence.
(a) Whole tires stored in a tire fence
are exempt from Subsections R315-314-3(3)(e), R315-314-3(3)(f), and
R315-314-3(3)(g) but shall:
(i) get a permit
from the director as required by Subsection R315-314-3(2);
(ii) receive approval for establishing,
maintaining, or expanding the tire fence from the local government and the
local fire department and submit documentation of these approvals to the
director; and
(iii) maintain the
fence no more than one tire wide and eight feet high.
(b) An owner of a tire fence may receive a
waiver from the requirements of Subsection R315-314-3(4)(a)(i) if the director
receives written notice from the owner of the tire fence on or before November
15, 1999 that documents and certifies that:
(i) the tire fence was in existence before
October 15, 1999; and
(ii) no tires
have been added to the fence after October 14, 1999.
(5) Each tire recycler, as defined
by Subsection 19-6-803(19), that stores tires in piles before recycling shall
comply with the following requirements:
(a) if
the tire recycler documents that the waste tires are stored for five or fewer
days, the tire recycler shall:
(i) meet the
requirements of Subsections R315-314-3(3)(b) through R315-314-3(3)(g);
or
(ii) get a waiver from the
requirements of Subsections R315-314-3(3)(b) through R315-314-3(3)(g) from the
local fire department; or
(b) if the tire recycler does not document
that the waste tires are stored for five or fewer days, the tire recycler shall
be considered a waste tire storage facility and shall:
(i) meet the requirements of Subsections
R315-314-3(2) and R315-314-3(3); and
(ii) the amount of financial assurance
required by Subsection R315-314-3(3)(k) shall be $150 per ton of tires held as
the average inventory during the preceding year of operation.