Scrap Tire Hauler Permits

PURPOSE: This rule sets forth requirements for obtaining a permit as a scrap tire hauler. (1) Applicability. (A) Definitions. Definitions for key words used in this rule may be found in section 260.200, RSMo and 10 CSR 80-8.020(1). (B) Permit Exemptions. The following persons are not required to obtain a permit to haul scrap tires provided that pollution, a public nuisance or a health hazard is not created: 1. A person who does not haul for consideration (monetary or non-monetary compensation) or commercial profit; 2. A person hauling warranty tires or new defective tires to the retailer, wholesaler or manufacturer for adjustment credit or return; or 3. A person hauling scrap tires which have been generated at his/her own business or residence, provided that this transportation is done using his/her own employees and vehicles. (2) Scrap Tire Hauler Permit Requirements. (A) Permit Application. A person applying for a scrap tire hauler permit shall submit the following information to the Missouri Department of Transportation, Motor Carrier Service, PO Box 893, Jefferson City, MO 65102-0893. 1. A completed application form provided by the Missouri Department of Transportation. 2. Other information deemed necessary by the Missouri Department of Natural Resources and the Missouri Department of Transportation to ascertain compliance with sections 260.200 through 260.345, RSMo and implementing rules. 3. A nonreturnable scrap tire hauler permit fee in the amount of one hundred dollars ($100) shall be submitted with the completed application form and be in the form of a check or money order made payable to the Department of Natural Resources. (B) Application Review, Approval, and Denial. The Missouri Department of Natural Resources and the Missouri Department of Transportation will review applications submitted under this rule. The Missouri Department of Transportation shall approve the application and issue a permit or deny the application. (C) Permit Issuance, Suspension and Revocation. A scrap tire hauler permit issued pursuant to this rule is valid for a period of one (1) year unless suspended or revoked by the Missouri Department of Transportation. A scrap tire hauler permit may be revoked or suspended for noncompliance with the provisions of sections 260.200 through 260.345, RSMo or corresponding rules. (3) Operating Requirements. (A) Record Keeping. 1. During periods when a vehicle contains scrap tires, a scrap tire hauler shall maintain the current permit inside in the vehicle. 2. Record Keeping Requirements. A scrap tire hauler shall maintain tracking and summary reports on forms provided by or approved by the department. The tracking report(s) shall be filled out for each load delivered to an approved destination and include all applicable collection and receiver data. The reports shall be made available to the Department of Natural Resources upon request or at the time of an inspection. 3. All records shall be kept for at least three (3) years. The period of record retention extends upon the written request of the Department of Natural Resources or automatically during the course of any unresolved enforcement action regarding the regulated activity. (B) Destination. A permitted scrap tire hauler shall transport scrap tires to— 1. A solid waste disposal area or transfer station permitted by the Department of Natural Resources; 2. A solid waste processing or scrap tire processing facility permitted by the Department of Natural Resources; 3. A scrap tire collection center; 4. A permit-exempt facility, provided the scrap tires are stored and/or processed in compliance with 10 CSR 80-8.050(5); or 5. Out-of-state (provided that transport and the final destinations are in compliance with the requirements of that state). (C) Scrap tires sorted from used tires shall not be stored in excess of seven (7) consecutive days. (D) Scrap tire haulers shall notify the Missouri Department of Natural Resources, Scrap Tire Unit and Missouri Department of Transportation, Motor Carrier Service within thirty (30) days of any change of address, phone number, type and number of vehicles, or destination of tires hauled. AUTHORITY: sections 260.225, 260.270, and 260.278, RSMo 2016.* Original rule filed Jan. 3, 1991, effective July 8, 1991. Amended: Filed March 17, 1992.** Emergency rescission of the 1992 amendment filed March 19, 1997, effective April 1, 1997, expired Sept. 27, 1997. Rescission of the 1992 amendment filed April 3, 1997, effective Aug. 30, 1997. Amended: Filed April 16, 1997, effective Dec. 30, 1997. Amended: Filed Jan. 2, 2007, effective Sept. 30, 2007. Amended: Filed June 7, 2018, effective Feb. 28, 2019. *Original authority: 260.225, RSMo 1972, amended 1975, 1986, 1988, 1990, 1993, 1995, 2015; 260.270, RSMo 1990, amended 1995, 2002, 2005; and 260.278, RSMo 1995, amended 2005. **The Missouri Supreme Court in Missouri Coalition for the Environment, et al., v. Joint Committee on Administrative Rules, et al., Case No. 78628, dated February 25, 1997, ordered the secretary of state to publish this amendment. The Missouri Department of Natural Resources subsequently filed an emergency rescission of this amendment as well as a proposed rescission of this amendment which became effective August 30, 1997. See the above authority section for filing dates.