Scrap Tire Processing Permits

PURPOSE: This rule contains the requirements for scrap tire processing facility permits. (1) Definitions. Definitions for key words used in this rule may be found in section 260.200, RSMo and 10 CSR 80-8.020. Additional definitions specific to this rule are as follows: (A) A scrap tire processing facility is a site where tires are reduced in volume by shredding, cutting, buffing, chipping, baling, or otherwise altered to facilitate recycling, resource recovery, or disposal. A person who operates mobile or stationary scrap tire processing equipment is a scrap tire processing facility under this rule; (B) A scrap tire site is a site at which five hundred (500) or more scrap tires are accumulated. No new scrap tire sites shall be permitted by the department after August 28, 1997, unless they are located at permitted scrap tire facilities ; and (C) A mobile scrap tire processor is a scrap tire processing operation that provides scrap tire removal services for the abatement of scrap tire sites, or for scrap tire collection centers by operating mobile scrap tire processing equipment at remote locations, and that does not store whole or processed scrap tires at any location at any time. (2) General Requirements. (A) This rule is intended to provide minimum requirements for operation of a scrap tire processing facility and a mobile scrap tire processor. If techniques other than those listed in this rule are to be used, it is the obligation of the owner/operator to demonstrate to the department in advance that the techniques to be employed satisfy the requirements. Detailed processing facility and operational plans shall be submitted to the department in writing and approved by the department in writing prior to being employed. The techniques utilized shall not result in pollution, a public nuisance, or a health hazard. (B) Scrap tire processing facilities and mobile scrap tire processors shall be in compliance with the requirements of the department’s Clean Water Law, Chapter 644, RSMo and implementing regulations. (C) Permitted scrap tire processing facilities are to be used only for the proper and temporary storage of scrap tires. (3) Applicability. (A) Permit Exemptions. The following persons are not required to obtain a scrap tire processing permit provided that pollution, a public nuisance, or a health hazard is not created and provided the tires are stored according to the requirements of section (5) of this rule: 1. Processing facilities with less than twenty-five (25) tires at the facility at all times; 2. Any collection center which exclusively processes scrap tires generated solely at the collection center, provided that the processing is done using the collection center’s employees and processing equipment and provided the processing takes place at the collection center where the scrap tires are generated; and 3. Any collection center that contracts with a permitted scrap tire processing facility for the processing and proper disposal of scrap tires generated solely at the collection center. (B) Any scrap tire processing facility or mobile scrap tire processor not specifically exempted under subsection (3)(A) is required to be permitted under this rule. (4) Scrap Tire Processing Facility Permit Application. (A) A person desiring to establish, maintain, or operate a scrap tire processing facility shall submit an application to the department in triplicate hardcopies or one (1) electronic on forms provided by the department. Scrap tire processing facilities, as defined in section 260.200(38), RSMo and this rule, are not authorized to operate unless permitted by the department. (B) An application for a scrap tire processing facility permit shall be sent to the Missouri Department of Natural Resources, Solid Waste Management Program, PO Box 176, Jefferson City, MO 65102-0176. The application shall consist of: 1. A completed Scrap Tire Processing Facility Permit Application form which will be provided by the department; 2. Detailed site plans and operational plans containing the information necessary to comply with the storage and record keeping requirements of this rule, including: A. An estimate of the inventory of scrap tires that can be processed or used in six (6) months of normal and continuous operation. This estimate shall be based on the volume of tires processed or used by the facility in the last year, or the manufacturer’s estimated capacity of the processing equipment. This estimate may be increased when new equipment is obtained by the owner of the facility and may be reduced if equipment used previously is removed from active use; B. Topographic and boundary surveys prepared by a registered land surveyor showing contour intervals of ten feet (10') or less, having a scale of not less than one inch equals four hundred feet (1"=400'), and including all existing and proposed storage areas and structures; C. A map showing the land use and zoning within five hundred feet (500') of the property boundaries, including the location of all residences, buildings, utilities, and easements and having a scale of not less than one inch equals four hundred feet (1"= 400'); and D. Detailed plans containing the information necessary to comply with the closure requirements and financial assurance instrument requirements of this rule; 3. A contingency plan designed to minimize the hazards to human health and the environment from fires, runoff of contaminants resulting from fires and from mosquitoes in case of failure of the primary method of vector control. The contingency plan shall include, but not be limited to, the following items, as applicable: A. The actions site personnel take in response to fires, runoff resulting from fires, and vector control; B. An evacuation plan for site personnel in case of fire; and C. Evidence that the fire contingency plan has been provided to the local fire and police departments; 4. Plans for final disposition of the scrap tires; 5. Evidence of compliance with the department’s Clean Water Law, Chapter 644, RSMo, and implementing regulations; 6. Evidence of compliance with local zoning requirements; 7. Evidence of property ownership; 8. Explicit written authorization from the property owner, if different from the applicant, for land use for scrap tire storing and processing operations; and 9. Nonreturnable processing facility permit fee of two hundred dollars ($200). The fee shall be paid by certified check or money order made payable to the Missouri Department of Natural Resources. (C) The applicant shall reimburse the department for all permit review costs incurred by the department up to a maximum of two thousand dollars ($2,000). The department will submit a bill to the applicant for review costs incurred after completion of the investigation of the original application. Payment must be received before the permit will be issued. Permit review costs include: permit application review time and costs associated with site visits. (D) Application Review, Approval and Denial. The department will complete an investigation of the application to determine compliance with the requirements of sections 260.200–260.345, RSMo, and corresponding rules, and render a decision to the applicant. When the investigation reveals that the scrap tire processing facility application either: 1. Complies with the provisions of sections 260.200–260.345, RSMo, and corresponding rules, the department will approve the application and issue a permit; or 2. Does not comply with the provisions of sections 260.200–260.345, RSMo, and corresponding rules, the department will issue a written denial to the applicant, including the reasons for denial. (E) Permit Issuance, Suspension, Revocation and Modification. 1. A permit for a scrap tire processing facility will be issued to the owner/operator for the life of the facility. 2. A scrap tire processing facility permit may be revoked or suspended for noncompliance with the provisions of sections 260.200– 260.345, RSMo or corresponding rules. 3. The department may, at any time during the life of the permit, open and modify or alternately revoke the permit and require the permittee to comply with any currently applicable federal, state or local requirements. (5) Storage Requirements. (A) Fire Protection. 1. The owner or operator of a scrap tire processing facility shall provide written evidence from the local fire protection agency that indoor and outdoor storage of whole or processed scrap tires complies with the currently applicable local or state fire protection standards. Scrap tires stored outdoors must be at least forty feet (40') from buildings and property lines. Scrap tire piles shall not exceed one hundred feet (100') by fifty feet (50') by ten feet (10') high in size. (B) Runoff Protection. Surface water drainage shall be diverted around and away from scrap tires. (C) Location. Scrap tire processing facilities shall not be located in a wetland, sinkhole or floodplain (unless protected against at least the one hundred (100)-year design flood by impervious dikes or other appropriate means to prevent the flood waters from contacting the scrap tires). (D) Site Control. Scrap tire processing facilities shall be fenced or enclosed or otherwise made restricted and include signage posted to prohibit unauthorized entry. (E) Vector Control. Conditions shall be maintained that are unfavorable for the harboring, feeding, and breeding of vectors. If the method being used to control vectors is not effective, the owner/operator of the scrap tire processing facility shall use an alternative method to correct the vector problem. (F) Inventory. The inventory of unprocessed scrap tires on the premises of the facility shall not exceed the amount that can be used in six (6) months of normal and continuous operation. This amount is based on the volume of tires used by the facility in the last year or the manufacturer’s estimated capacity of the equipment used by the facility. The inventory of processed scrap tires on the premises of the facility shall not be more than twice the amount of unprocessed tires allowed by this rule. (6) Record Keeping Requirements. The owner/operator of a scrap tire processing facility shall maintain all records required by this rule for at least three (3) years. The period of record retention extends upon the written request of the department or automatically during the course of any unresolved enforcement action regarding the regulated activity. The records shall be made available for inspection by the department or its designated representative upon request and include at least the following: (A) Major operational problems, complaints, and difficulties; (B) On forms provided by or approved by the department, the number of tires received each week, number of tires removed to final disposition each week, final disposition of removed tires, and the name and permit number, if applicable, of each scrap tire hauler bringing tires to or removing tires from the facility. This information shall be summarized monthly; and (C) Records of Vector Control Activities. The records shall include the following: 1. If the larvicide/adulticide is applied by a registered pest control company, the name of the company, and the date of application; or 2. If the larvicide/adulticide is not applied by a registered pest control company, type(s) of larvicide/adulticide utilized, amount utilized, and date applied. (7) Closure, Financial Assurance. (A) Exemptions. The following are not required to establish a closure plan and financial assurance instrument provided that pollution, a public nuisance or a health hazard is not created and provided the scrap tires are stored according to the requirements of section (5) of this rule: 1. Mobile scrap tire processors permitted by the department; 2. Scrap tire processing facilities permitted by the department, at which less than five hundred (500) scrap PTE are stored at any time. (B) Closure Plan Requirements. 1. Plans for closure of the scrap tire processing facility shall include methods, time schedules, and cost estimates for removal of all scrap tires and site clean-up and restoration activities. The cost estimates for the amount of the financial assurance instrument shall be based upon the current costs of similar cleanups using data from actual scrap tire cleanup project bids received by the department to remediate scrap tire sites of similar size. The following shall be performed as a part of closure of a scrap tire processing facility: A. Removal and clean-up plans and cost estimates. Scrap tires shall be removed from the site and taken to a Missouri facility that has obtained applicable permits from the department or taken out-of-state (provided that transport and final destinations are in compliance with the requirements of that state) as well as all other solid waste so as to provide a pleasing appearance; B. Site restoration plans and cost estimates. Removal of any contaminated soil, debris, residue, and/or placement of cover and establishment of vegetation in a manner as to minimize erosion, control drainage, and provide a pleasing appearance; C. The owner/operator must demonstrate in the closure plan that the estimate represents the maximum closure costs at any time during the active operation of the scrap tire site; and D. The cost estimate(s) submitted with the closure plan shall contain an estimate in current dollars (based upon the current costs of similar cleanups using data from actual scrap tire clean-up project bids received by the department to remediate scrap tire sites of similar size) and an adjusted estimate for the succeeding five (5) years based on the projected rate of inflation. The rate of inflation used for this purpose is calculated by using the latest percent change in the Implicit Price Deflator for the Gross Domestic Product for the latest completed year, as determined by the United States Department of Commerce, Bureau of Economic Analysis. The adjusted cost estimate shall be used to determine the amount of the financial assurance instrument. 2. The owner/operator of a scrap tire processing facility shall notify the department in writing at least ninety (90) days prior to the date the owner/operator expects to begin closure and begin implementation of the closure plan within thirty (30) days after the closure date specified in the closure plan. 3. Owner/operators of a permitted scrap tire processing facility shall execute an easement with the department, which allows the department, its agents, or its contractors to enter the premises to complete work specified in the closure plan, to monitor or maintain the scrap tire site, or take remedial action. This easement will be terminated upon proper closure of the site. 4. If changes in the design and/or operation of a scrap tire processing facility make modifications in the closure plans or cost estimates necessary, modified closure plans and cost estimates shall be submitted to the department for approval prior to implementation of the changes. (C) Financial Assurance Requirements. 1. A permit will not be issued until financial assurance instruments as required by subsection (7)(C) of this rule have been submitted and approved by the department. A. Increasing and decreasing financial assurance instruments. The following shall apply to all financial assurance instruments as specified in paragraph (7)(C)2. of this rule except the financial test, corporate guarantee, and insurance. When the estimated closure cost increases, the amount of the financial assurance instrument shall be adjusted to cover the increase in the cost estimate. The owner/operator shall increase the amount of the financial assurance instrument within one hundred eighty (180) days of the increase in the estimate and submit written evidence of the increase to the director or obtain other financial assurance as specified in paragraph (7)(C)2. of this rule to cover the increase. If the current closure cost decreases and the owner/operator has received written approval from the director of this decrease, the owner/operator may decrease the amount of the closure financial assurance instrument. B. Release of closure financial assurance instruments. The department will inspect a permitted scrap tire processing facility when notified by the owner/operator that the closure plan has been implemented. If the inspection reveals that the approved closure plan has been properly effected, the director shall authorize the release or proportional release of the financial assurance instrument submitted for closure and interest, if any. C. Forfeiture of financial assurance instruments. If the owner/operator fails to properly implement the closure plan, the director will give written notice of the violation and order the owner/operator to implement the closure plan. If corrective measures approved by the director are not commenced within a specified and reasonable time, the director will order forfeiture of all or that part of the owner/operator’s financial assurance instrument necessary to implement the closure plans. Any owner/operator aggrieved by a forfeiture order may appeal as provided in section 536.150, RSMo. 2. Financial assurance instruments. The requirements of subsection (7)(C) of this rule for financial assurance instrument(s) for closure may be satisfied by establishing a trust fund or escrow account, securing a financial guarantee bond or a performance bond, obtaining an irrevocable letter of credit, insurance, or a combination of these as outlined in 10 CSR 80-2.030(4)(D). AUTHORITY: sections 260.225 and 260.270, RSMo 2016.* Original rule 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 and 260.270, RSMo 1990, amended 1995, 2002, 2005.