OAR 340-064-0010
Definitions
(1)
“Abatement” means the processing or removing to an approved storage site of waste tires which are creating a danger or nuisance, following a legal nuisance abatement procedure.(2)
“Beneficial Use” means storage of waste tires in a way that creates an on-site economic benefit, other than from processing or recycling, to the owner of the tires, such as in using the tires for raised-bed planters.(3)
“Buffings” means a product of mechanically scarifying a tire surface, removing all trace of the surface tread, to prepare the casing to be retreaded.(4)
“Commission” means the Environmental Quality Commission.(5)
“Common Carrier” means any person who transports persons or property for hire or who publicly purports to be willing to transport persons or property for hire by motor vehicle; or any person who leases, rents, or otherwise provides a motor vehicle to the public and who in connection therewith in the regular course of business provides, procures, or arranges for, directly, indirectly, or by course of dealing, a driver or operator therefor.(6)
“Danger” or “Nuisance” includes but is not limited to the unpermitted storage of waste tires or waste tire materials, or the storage of waste tires or waste tire materials in a manner that does not comply with a condition of a permittee’s waste tire storage permit.(7)
“Department” means the Department of Environmental Quality.(8)
“Director” means the Director of the Department of Environmental Quality.(9)
“Dispose” means to deposit, dump, spill or place any waste tire on any land or into any water as defined by ORS 468.700.(10)
“DMV” means Oregon Department of Motor Vehicles.(11)
“End User”:(a)
For energy recovery: the person who utilizes the heat content or other forms of energy from the incineration or pyrolysis of waste tires, chips or similar materials;(b)
For other eligible uses of waste tires: the last person who uses the tires, chips, or similar materials to make a product with economic value. If the waste is processed by more than one person in becoming a product, the “end user” is the last person to use the tire as a tire, as tire chips, or as similar materials. A person who produces tire chips or similar materials and gives or sells them to another person to use is not an end user;(c)
For paving projects: either the paving contractor laying the paving, or the person for whom the paving is done, depending on the agreement between the paving contractor and the person for whom the paving is done.(12)
“Energy Recovery” means recovery in which all or a part of the waste tire is processed to utilize the heat content, or other forms of energy, of or from the waste tire.(13)
“Financial Assurance” means a performance bond, letter of credit, cash deposit, insurance policy or other instrument acceptable to the Department.(14)
“Land Disposal Site” means a disposal site in which the method of disposing of solid waste is by landfill, dump, pit, pond or lagoon.(15)
“Negotiated Settlement” means a stipulation, agreed settlement or consent order allowing removal of waste tires.(16)
“Nonocean Waters” means fresh waters, tidal and non-tidal bays and estuaries as defined in ORS 541.605.(17)
“Passenger Tire” means a tire with less than an 18-inch rim diameter.(18)
“Passenger Tire Equivalent” means a measure of mixed passenger and truck tires, where five passenger tires are considered to equal one truck tire.(19)
“Person” means the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity.(20)
“Private Carrier” means any person who receives or generates waste tires and who operates a motor vehicle over the public highways of this state for the purpose of transporting persons or property when the transportation is incidental to a primary business enterprise, other than transportation, in which such person is engaged. Notwithstanding subsection (26)(f) of this rule, “private carrier” does not include a person whose primary tire business is selling, collecting, sorting or transporting used or waste tires.(21)
“PUC” means the Public Utility Commission of Oregon.(22)
“Recycle” or “Recycling” means any process by which solid waste materials are transformed into new products in such a manner that the original products may lose their identity.(23)
“Retreadable Casing” means a waste tire suitable for retreading.(24)
“Rick” means to horizontally stack tires securely by overlapping so that the center of a tire fits over the edge of the tire below it.(25)
“Store” or “Storage” means to accumulate waste tires above ground, or to own or control property on which there are waste tires above ground. “Storage” includes the beneficial use of waste tires as fences and other uses with similar potential for causing environmental risks. “Storage” does not include the use of waste tires as a ballast to maintain covers on agricultural materials or at a construction site or a beneficial use such as planters except when the Department determines such uses create environmental risks.(26)
“Tire” means a continuous solid or pneumatic rubber covering encircling the wheel of a vehicle in which a person or property is transported, or by which they may be drawn, on a highway. “Tire” does not include tires from vehicles not driven on highways, including bulldozers, mobile cranes, road graders, loaders, rotary snow plows, road rollers and road sanders. Except for the purposes of waste tire removal under OAR 340-064-0150 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Use of Waste Tire Site Cleanup Funds) through 340-064-0170 (Reimbursements to Users of Waste Tires and Cleanup Funds for Tire Storage Sites: Procedure for Use of Cleanup Funds by Negotiated Settlement), and for the purposes of disposal under OAR 340-064-0052 (Disposal of Tires at Solid Waste Disposal Sites: Ban; Chipping), “tire” does not include tires from the following:(a)
A device moved only by human power;(b)
A device used only upon fixed rails or tracks;(c)
A motorcycle;(d)
An all-terrain vehicle, including but not limited to, three-wheel and four-wheel ATVs, dune buggies and other similar vehicles. All-terrain vehicles do not include jeeps, pick-ups and other four-wheel drive vehicles that may be registered, licensed and driven on public roads in Oregon;(e)
A device used only for farming, except a farm truck;(f)
A retreadable casing while under the control of a tire retreader or while being delivered to a tire retreader.(27)
“Tire Carrier” means a person who picks up or transports waste tires for the purpose of storage, removal to a processor or disposal. “Tire carrier” does not include the following:(a)
Solid waste collectors operating under a license or franchise from a local government unit;(b)
Persons who transport fewer than five tires for disposal;(c)
Private individuals or private carriers who transport the person’s own waste tires to a processor or for proper disposal;(d)
The United States, the State of Oregon, any county, city, town or municipality in this state, or any agency of the United States, the State of Oregon or a county, city, town or municipality of this state.(28)
“Tire Processor” means a person engaged in the processing of waste tires.(29)
“Tire Retailer” means a person actively engaged in the business of selling new replacement tires at retail, whose local business license or permit (if required) specifically allows such sale. To be “actively” engaged in selling new tires, the person must demonstrate to the Department’s satisfaction that new replacement tires have been sold in the preceding calendar quarter.(30)
“Tire Retreader” means a person actively engaged in the business of retreading waste tires by scarifying the surface to remove the old surface tread and attaching a new tread to make a usable tire for sale to the public.(31)
“Tire-Derived Products” means tire chips or other materials produced from the physical processing of a waste tire.(32)
“Truck Tire” means a tire with a rim diameter of between 18 and 24.5 inches.(33)
“Waste Tire” means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect, and is fit only for:(a)
Remanufacture into something else, including a retreaded tire; or(b)
Some other use which differs substantially from its original use.(34)
“Waste Tires Generated in Oregon” means Oregon is the place at which the tire first becomes a waste tire. A tire casing imported into Oregon for potential retreading, but which proves unusable for that purpose, is not a waste tire generated in Oregon. Examples of waste tires generated in Oregon include but are not limited to:(a)
Tires accepted by an Oregon tire retailer in exchange for new replacement tires;(b)
Tires removed from a junked auto at an auto wrecking yard in Oregon.(35)
“Wrecking Business” means a business operating according to a certificate issued under ORS 822.110 (Dismantler certificate).
Source:
Rule 340-064-0010 — Definitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-064-0010.