OAR 340-064-0015
Waste Tire Storage Permit Required
(1)
Except as provided by section (2) of this rule, no person shall establish, operate, maintain or expand a waste tire storage site until the person owning or controlling the waste tire storage site obtains a permit or permit modification/addendum therefor from the Department.(2)
Persons owning or controlling the following are exempted from the above requirement to obtain a waste tire storage permit, but shall comply with all other regulations regarding waste tire management and solid waste disposal:(a)
A person who stores fewer than 100 waste tires;(b)
A person who stores fewer than 200 cubic yards of tire-derived products;(c)
A tire retailer who stores not more than 1,500 waste tires for each retail business location;(d)
A tire retreader who stores not more than 3,000 waste tires for each individual retread operation so long as the waste tires are of the type the retreader is actively retreading;(e)
A wrecking business who stores not more than 1,500 waste tires for each retail business location;(f)
Storage of tire-derived products packaged in closed plastic bags.(3)
Piles of tire-derived products are not subject to regulation as a waste tire storage site if the site actively consumes the following minimum tons of tire-derived products annually:(a)
For cement kilns: 1,500 tons;(b)
For pulp and paper mills: 1,500 tons.(4)
Manufacturers must obtain a waste tire storage permit if they are storing the following levels of tire-derived products:(a)
For manufacturers actively consuming crumb rubber: 400 tons, or over 50 percent of the manufacturer’s annual use of such materials;(b)
For manufacturers actively consuming other waste tire shreds or pieces: 100 tons or over 50 percent of the manufacturer’s annual use of such materials.(5)
The Department may exempt a site owned by a federal, state or local government unit from the requirement to obtain a waste tire storage permit for tire-derived products if the following conditions are met:(a)
The government unit wants to store tire-derived products for use in fulfilling an existing contract, and requests an exemption from the Department for the waste tire storage permit requirement;(b)
The quantity of tire-derived products to be stored does not exceed the estimated quantity specified in the contract plus ten percent to allow for changes or discrepancies;(c)
The length of time the tire-derived products are to be stored does not exceed six months; and(d)
The Department determines that such storage will not create an environmental risk.(6)
A permitted solid waste disposal site which stores more than 100 waste tires, is required to have a permit modification addressing the storage of tires from the Department.(7)
The Department may issue a waste tire storage permit in two stages to persons required to have such a permit by July 1, 1988. The two stages are a “first-stage” or limited duration permit, and a “second-stage” or regular permit.(8)
A person who wants to establish a new waste tire storage site shall apply to the Department at least 90 days before the planned date of facility construction. A person applying for a waste tire storage permit on or after September 1, 1988 shall apply for a “second-stage” or regular permit.(9)
A person who is using or wants to use over 100 waste tires for a beneficial use must request the Department to determine whether that use constitutes “storage” pursuant to OAR 340-064-0010 (Definitions)(25), and is thus subject to the waste tire storage site permit requirement. The Department may recommend remedial actions which, if implemented, will eliminate any environmental risk which would otherwise be caused by a beneficial use of waste tires.(10)
Use of waste tires which is regulated under ORS 468B.070 (Prohibited activities for certain municipalities) or 196.800 (Definitions for ORS 196.600 to 196.921) through 196.905 and for which a permit has been acquired is not subject to additional regulation under OAR Chapter 340, Division 64.(11)
Failure to conduct storage of waste tires according to the conditions, limitations, or terms of a permit or these rules, or failure to obtain a permit is a violation of these rules and shall be subject to civil penalties as provided in OAR Chapter 340, Division 12 or to any other enforcement action provided by law. Each day that a violation occurs is a separate violation and may be the subject of separate penalties.(12)
No person shall advertise or represent himself/herself as being in the business of accepting waste tires for storage without first obtaining a waste tire storage permit from the Department.(13)
Failure to apply for or to obtain a waste tire storage permit, or failure to meet the conditions of such permit constitutes a nuisance.
Source:
Rule 340-064-0015 — Waste Tire Storage Permit Required, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-064-0015.