R315-314-3. Requirements for a Waste Tire Storage Facility

  (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 obtained 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 Subsections 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 10 feet in height;

  (f) insure that piles be at least 10 feet from any property line or any building and not exceed 6 feet in height when 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 all employees 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), (f), and (g) but must:

  (i) obtain 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 prior to 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 prior to 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 (g); or

  (ii) obtain a waiver from the requirements of Subsections R315-314-3(3)(b) through (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 (3); and

  (ii) the amount of financial assurance required by Subsection R315-314-3(3)(l) shall be $150 per ton of tires held as the average inventory during the preceding year of operation.