OAR 340-064-0055
Waste Tire Carrier Permit Required
(1)
After January 1, 1989, any person engaged in picking up, collecting or transporting waste tires for the purpose of storage, processing or disposal is required to obtain a waste tire carrier permit from the Department.(2)
After January 1, 1989, no person shall collect or haul waste tires or advertise or represent himself/herself as being in the business of a waste tire carrier without first obtaining a waste tire carrier permit from the Department.(3)
The following persons are exempt from the requirement to obtain a waste tire carrier permit:(a)
Solid waste collectors operating under a license or franchise from any local government unit;(b)
A private individual transporting the individuals own waste tires to a processor or for proper disposal;(c)
A private carrier transporting the carriers own waste tires to a processor or for proper disposal;(d)
A person transporting fewer than five tires to a processor or for proper disposal;(e)
Persons transporting tire-derived products to a market;(f)
Persons transporting tire chips that meet the chipping standards in OAR 340-064-0052 (Disposal of Tires at Solid Waste Disposal Sites: Ban; Chipping);(g)
The Unites 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.(4)
A combined tire carrier/storage permit may be applied for by tire carriers:(a)
Who are subject to the carrier permit requirement; and(b)
Whose business includes or wants to establish a site which is subject to the waste tire storage permit requirement.(5)
The Department shall supply a combined tire carrier/storage permit application to such persons. Persons applying for the combined tire carrier/storage permit shall comply with all other regulations concerning storage sites and tire carriers established in these rules.(6)
Persons who want to transport waste tires for the purpose of storage, processing or disposal must apply to the Department for a waste tire carrier permit at least 90 days before beginning to transport the tires.(7)
Large trucking companies with 15 or more trucks in their fleet, whether leased or owned, may apply for a common carrier class waste tire carrier permit to haul waste tires.(a)
All waste tire carrier permit rules will apply, except for Sections (8)(a), (17), and (18) of this rule.(b)
Large trucking companies who apply for this permit must pay all application and compliance fees required in OAR 340-064-0063 (Waste Tire Carrier Permittee Obligations)(9)(a) and in section (10) of this rule in addition to an annual permit fee of $375 applicable to companies operating 15 or more trucks.(c)
Cab decals are not required on trucks covered under this permit, however the common carrier class waste tire carrier permit must remain on file and must be available for review by the Department at the permittee’s principal Oregon office.(d)
Any truck in the company’s fleet may be used to haul waste tires as long as the company is in compliance with the common carrier class waste tire carrier permit.(8)
Applications shall be made on a form provided by the Department. The application shall include such information as required by the Department. It shall include but not be limited to:(a)
A description, license number and registered vehicle owner for each truck used for transporting waste tires;(b)
The PUC authority number under which each truck is registered;(c)
Where the waste tires will be stored, processed or disposed of;(d)
Any additional information required by the Department.(9)
A corporation which has more than one separate business location may submit one waste tire carrier permit application which includes all the locations. All the information required in section (8) of this rule shall be supplied by location for each individual location. The corporation shall be responsible for amending the corporate application whenever any of the required information changes at any of the covered locations.(10)
An application for a tire carrier permit shall include a $25 nonrefundable application fee and an annual compliance fee as listed in OAR 340-064-0063 (Waste Tire Carrier Permittee Obligations) or subsection (7)(b) of this rule, as applicable.(11)
An application for a combined tire carrier/storage permit shall include a $250 application fee, $50 of which shall be non-refundable, and an annual compliance fee as listed in OAR 340-064-0063 (Waste Tire Carrier Permittee Obligations). The rest of the application fee may be refunded in whole or in part when submitted with an application if either of the following conditions exists:(a)
The Department determines that no permit will be required;(b)
The applicant withdraws the application before the Department has granted or denied the application.(12)
The application for a waste tire carrier permit shall also include a bond in the sum of $5,000 in favor of the State of Oregon. In lieu of the bond, the applicant may submit financial assurance acceptable to the Department. The Department will accept as financial assurance only those instruments listed in and complying with requirements in OAR 340-095-0095 (Form of Financial Assurance).(13)
The bond or other financial assurance shall be filed with the Department and shall provide that:(a)
In performing services as a waste tire carrier, the applicant shall comply with the provisions of ORS 459.705 (Definitions for ORS 459.705 to 459.790) through 459.790 (Exceptions to ORS 459.705 to 459.785) and of this rule; and(b)
Any person injured by the failure of the applicant to comply with the provisions of ORS 459.705 (Definitions for ORS 459.705 to 459.790) through 459.790 (Exceptions to ORS 459.705 to 459.785) or this rule shall have a right of action on the bond or other financial assurance in the name of the person. Such right of action shall be made to the principal or the surety company within two years after the injury.(14)
Any deposit of cash, certificate of deposit, letter of credit, or negotiable securities submitted under sections (12) and (13) of this rule shall remain in effect for not less than two years following termination of the waste tire carrier permit.(15)
A waste tire carrier permit or combined tire carrier/ storage permit shall be valid for up to three years.(16)
Waste tire carrier permits shall expire on March 1. Waste tire carrier permittees who want to renew their permit must apply to the Department for permit renewal by January 1 of the year the permit expires. The application for renewal shall include all information required by the Department, and a permit renewal fee.(17)
A waste tire carrier permittee may add another vehicle to its permitted waste tire carrier fleet if it does the following before using the vehicle to transport waste tires:(a)
Submits to the Department:(A)
The information required in section (8) of this rule; and(B)
A fee of $25 for each vehicle added.(b)
Displays on each additional vehicle decals from the Department pursuant to OAR 340-064-0063 (Waste Tire Carrier Permittee Obligations)(1)(b).(18)
A waste tire carrier permittee may lease additional vehicles to use under its waste tire carrier permit without adding that vehicle to its fleet pursuant to section (17) of this rule, under the following conditions:(a)
The vehicle may not transport waste tires when under lease for a period of time exceeding 30 days (short-term leased vehicles). If the lease is for a longer period of time, the vehicle must be added to the permittee’s permanent fleet pursuant to section (17) of this rule;(b)
The permittee must give previous written notice to the Department that it will use short-term leased vehicles;(c)
The permittee shall pay a $25 annual compliance fee in advance to allow use of short-term leased vehicles, in addition to any other fees required by sections (10), (11) and (17) of this rule, and OAR 340-064-0063 (Waste Tire Carrier Permittee Obligations)(9) and (10);(d)
Every permittee shall keep a daily record of all vehicles leased on short term, with beginning and ending dates used, license numbers, PUC authority, PUC temporary pass or PUC plate/marker, and person from whom the vehicles were leased. The daily record must be kept current at all times, subject to verification by the Department. The daily record shall be maintained at the principal Oregon office of the permittee. The daily record shall be submitted to the Department each year as part of the permittee’s annual report required by OAR 340-064-0063 (Waste Tire Carrier Permittee Obligations)(8);(e)
The permittee’s bond or other financial assurance required under section (12) of this rule must provide that, in performing services as a waste tire carrier, the operator of a vehicle leased by the permittee shall comply with the provisions of ORS 459.705 (Definitions for ORS 459.705 to 459.790) through 459.790 (Exceptions to ORS 459.705 to 459.785) and of this rule;(f)
Each vehicle being used on a short-term lease basis by a permittee must carry a properly filled out cab card provided by the Department in the power vehicle at all times when hauling waste tires. Information on the cab card shall include the starting and ending dates of the short-term lease;(g)
The permittee is responsible for ensuring that a leased vehicle complies with OAR 340-064-0055 (Waste Tire Carrier Permit Required) through 340-064-0063 (Waste Tire Carrier Permittee Obligations), except that the leased vehicle does not have to obtain a separate waste tire carrier permit pursuant to section (1) of this rule while operating under lease to the permittee.(19)
A holder of a combined tire carrier/storage permit may purchase special block passes from the Department. A person located outside of Oregon who is a holder of a waste tire carrier permit issued by the Department may also purchase special block passes from the Department if he or she also holds a valid permit allowing storage of waste tires issued by the responsible state or local agency of that state, and if such permit is deemed acceptable by the Department. The block passes will allow the permittee to use a common carrier which does not have a waste tire carrier permit. Use of a block pass will allow the unpermitted common carrier to haul waste tires under the permittee’s waste tire carrier permit:(a)
Special block passes shall be available in sets of at least five, for a fee of $5 per block pass. Only a holder of a combined tire carrier/storage permit may purchase block passes. Any unused block passes shall be returned to the Department when the permittee’s waste tire permit expires or is revoked;(b)
The permittee is responsible for ensuring that a common carrier operating under a block pass from the permittee complies with OAR 340-064-0055 (Waste Tire Carrier Permit Required) through 340-064-0063 (Waste Tire Carrier Permittee Obligations), except that the common carrier does not have to obtain a separate waste tire carrier permit pursuant to section (1) of this rule while operating under the permittee’s block pass;(c)
A block pass may be valid for a maximum of ten days and may only be used to haul waste tires between the origin(s) and destination(s) listed on the block pass;(d)
A separate block pass shall be used for each trip hauling waste tires made by the unpermitted common carrier under the permittee’s waste tire permit. (A trip begins when waste tires are picked up at an origin, and ends when they are delivered to a proper disposal site(s) pursuant to OAR 340-064-0063 (Waste Tire Carrier Permittee Obligations)(4));(e)
The permittee shall fill in all information required on the block pass, including name of the common carrier, license number, PUC authority if applicable, PUC temporary pass or PUC plate/marker if applicable, beginning and ending dates of the trip, address(es) of where the waste tires are to be picked up and where they are to be delivered, and approximate numbers of waste tires to be transported;(f)
Each block pass shall be in triplicate. The permittee shall send the original to the Department within five days of the pass’s beginning date, one copy to the common carrier which shall keep it in the cab during the trip, and shall keep one copy;(g)
The permittee shall be responsible for ensuring that any common carrier hauling waste tires under the permittee’s waste tire permit has a properly completed block pass;(h)
While transporting waste tires, the common carrier shall keep a block pass properly filled out for the current trip in the cab of the vehicle;(i)
An unpermitted common carrier may operate as a waste tire carrier using a block pass no more than three times in any calendar quarter. Before a common carrier may operate as a waste tire carrier more than three times a quarter, he or she must first apply for and obtain a waste tire carrier permit from the Department.
Source:
Rule 340-064-0055 — Waste Tire Carrier Permit Required, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-064-0055.