Ohio Admin. Code 3745-580-110 - Standards for a registered scrap tire transporter

(A) General standards. A registered scrap tire transporter shall comply with the following:

(1) Transport scrap tires only to the following locations:

(a) A scrap tire collection, scrap tire storage, scrap tire monocell, scrap tire monofill, or scrap tire recovery facility licensed in accordance with Chapter 3745-501 of the Administrative Code.

(b) A solid waste incinerator or energy recovery facility licensed in accordance with Chapter 3745-501 of the Administrative Code.

(c) A premises where the scrap tires are authorized for beneficial use pursuant to rule 3745-580-801 or 3745-580-802 of the Administrative Code.

(d) An operation excluded from the permitting or registration specifications contained in rule 3745-580-205, 3745-580-305, or 3745-580-405 of the Administrative Code, including but not limited to retail tire dealers or tire retreaders.

(e) Another registered scrap tire transporter.

(f) A facility in another state in compliance with the laws of that state.

(2) Ensure each load of scrap tires is accompanied by a shipping paper that meets the specifications of rule 3745-580-06 of the Administrative Code.

(3) Control and prevent unauthorized use of the scrap tire transporter registration certificates and decals.

(4) Retain a valid original registration certificate at the following locations:

(a) In each vehicle used for the transportation of scrap tires while scrap tires are being transported.

(b) Each location identified in the latest registration application.

(5) Affix and display a valid Ohio EPA scrap tire transporter decal on the lower right hand corner of the windshield of each motor vehicle used for transporting scrap tires.

(6) Take appropriate actions to prevent the breeding of mosquitoes by doing one of the following:

(a) Removing all water from the scrap tires before transportation.

(b) Shredding or cutting all scrap tires before transportation.

(c) Treating the scrap tires with a pesticide approved by the United States environmental protection agency and the Ohio department of agriculture before transporting the scrap tires.

(7) Retain responsibility for scrap tires staged for shipment at a barge, ship, or rail terminal or for scrap tires transported by a motor carrier excluded pursuant to rule 3745-580-105 of the Administrative Code until the scrap tires are delivered to a destination authorized in accordance with paragraph (A)(1) of this rule.

(8) Not store scrap tires in a trailer, vehicle, or other portable container located under the following:

(a) Bridges.

(b) Elevated trestles, roadways, or railroads.

(c) Electrical power lines having a voltage in excess of seven hundred fifty volts or that supply power to fire emergency systems.

(9) For scrap tires stored at locations specified on the scrap tire transporter registration certificate, store scrap tires in a trailer, vehicle, or other portable container that meets the following:

(a) Is covered to prevent water infiltration.

(b) Is stored at one of the locations specified in the scrap tire transporter registration certificate for not longer than thirty days prior to transporting the scrap tires to one of the destinations listed in paragraph (A)(1) of this rule.

(c) Is stored at least fifty feet from buildings not owned or leased by the scrap tire transporter or fifteen feet from buildings owned or leased by the scrap tire transporter, unless the portable container or vehicle is parked at a loading dock and is being actively loaded or unloaded.

(10) Sort or grade scrap tires at the scrap tire transporter's business location only if specified in the scrap tire transporter application and authorized in the approved scrap tire registration certificate. Scrap tires may be transferred between trailers or vehicles during sorting provided the scrap tires are sorted or graded at least fifty feet from buildings not owned or leased by the scrap tire transporter or fifteen feet from buildings owned or leased by the scrap tire transporter.

(11) Maintain records and submit reports in accordance with rule 3745-580-115 of the Administrative Code.

(12) Not store scrap tires outside of a covered trailer or vehicle after the close of business each day.

[Comment: Authorization as a scrap tire collection, storage, or recovery facility pursuant to this chapter is necessary if the scrap tire transporter intends to store the scrap tires for more than thirty days in trailers or vehicles or store scrap tires outside of trailers or vehicles beyond the close of business.]

(B) A registered scrap tire transporter may pre-position empty trailers at locations not owned or operated by the scrap tire transporter provided the pre-positioned trailers meet the following:

(1) Are included as part of the scrap tire storage area at a licensed scrap tire facility or a business operating in accordance with rule 3745-580-05 of the Administrative Code. The scrap tire transporter shall maintain records showing the date the portable container or vehicle was dropped off and picked up and provide a copy to the owner of the business where the scrap tires are stored.

[Comment: The portable container is considered part of the scrap tire collection or storage area for the facility or business and will be included in the calculation for the total size of the scrap tire storage area. The owner or operator of the business is responsible for compliance with rule 3745-580-05 of the Administrative Code for scrap tires stored on the premises.]

(2) Do not remain at a location other than a licensed scrap tire facility or a premises that is excluded from the registration or permitting requirements specified in rule 3745-580-205, 3745-580-305, or 3745-580-405 of the Administrative Code for a period of more than fourteen days. Scrap tires stored in excess of fourteen days shall be considered open dumped unless prior written notification is given to the board of health and Ohio EPA stating the vehicle or trailer requires mechanical repairs that will take longer than fourteen days to complete and specifying a time frame for which the repairs will be completed.

(C) A registered scrap tire transporter operating on the same premises as a licensed and registered or permitted scrap tire facility or a business that is excluded pursuant to rule 3745-580-205, 3745-580-305, or 3745-580-405 of the Administrative Code shall operate in a manner that allows Ohio EPA to determine compliance with the applicable provisions of this chapter for each operation.

(D) Load consolidation.

(1) A scrap tire transporter may transfer scrap tires from one trailer, vehicle, or portable container to another trailer, vehicle, or portable container for the purposes of load consolidation only at a location specified in the scrap tire transporter registration certificate, provided the scrap tires are not left on the ground after the transfer is complete.

(2) A scrap tire transporter may operate permanent and portable equipment to consolidate loads of scrap tires for shipment, provided the equipment is not used to manufacture a product.

(3) Permanent and portable equipment used for load consolidation shall not be operated outside of a building at a location within any of the following:

(a) One hundred feet of the property line.

(b) One hundred feet of buildings or structures not owned or leased by the property owner or the scrap tire transporter.

(c) Two hundred feet of a stream, lake, or wetland.

(4) The scrap tire transporter shall maintain the area surrounding all outdoor permanent and portable equipment in a manner that minimizes the accumulation of byproducts and other waste generated from the use of the equipment.

(E) A registered scrap tire transporter may accept scrap tires from the general public or other entities as follows:

(1) In accordance with a contract with a government agency or a political subdivision, at the site designated in the contract.

(2) From a facility excluded from the permitting or registration specifications pursuant to rule 3745-580-205, 3745-580-305, or 3745-580-405 of the Administrative Code.

(3) In accordance with an authorization issued pursuant to this chapter.

(F) Access. The scrap tire transporter shall grant Ohio EPA or the approved board of health access to a location specified in the approved registration certificate and additional areas where vehicles, trailers, and portable containers are located during normal operating hours for the purposes of inspection, sampling, and scrap tire removal.

Replaces: 3745-27-56

Notes

Ohio Admin. Code 3745-580-110

Effective: 6/30/2023
Five Year Review (FYR) Dates: 06/30/2028
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.74
Rule Amplifies: 3734.02, 3734.12, 3734.74, 3734.83
Prior Effective Dates: 03/01/1996, 03/29/2002, 11/01/2007