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Subpart 360-13:Waste Tire Storage Facilities

(Statutory authority: Environmental Conservation Law, Sections 1-0101, 3-0301, 8-0113,19-0301, 19-0306, 23-2305, 23-2307, 27-0101, 27-0106, 27-0107, 27-0109, 27-0305, 27-0703, 27-0704, 27-0705, 27-0911, 27-1317, 27-1515, 52-0107, 52-0505, and 70-0107)

[Effective Date December 31, 1988]

[Amendment Dates:
Revised Effective March 27, 1990; with promulgation of new Subpart 15: Grants for Comprehensive Solid Waste Management Planning.
Revised Effective May 28, 1991; With repeal of existing Subpart 9 and promulgation of new Subpart 9: State Assistance for Municipal Landfill Closure Projects
Revised Effective January 25, 1992; With repeal of existing Subpart 10 and promulgation of new Subpart10: Regulated Medical Waste Storage, Transfer, and Disposal, and new Subpart 17 Regulated Medical Waste Treatment Facilities.
Revised/Enhanced Effective October 9, 1993; with adoption of amendments to existing Subparts 1 through 17
Revised Effective December 14, 1994; with adoption of amendments to existing Subpart 9: State Assistance for Municipal Landfill Closure Projects
Revised Effective January 14, 1995; With repeal of existing Subpart 14 and promulgation of new Subpart 14: Used Oil.
Revised Effective November 26, 1996; With adoption of amendments to existing Subparts 1, 2, 3, 7, 11, 14, and 17

Revised Effective September 29, 1997; With adoption of amendments to existing Subpart 9
Revised Effective November 21, 1998; With adoption of amendments to existing Subpart 2
Revised Effective November 24, 1999; With adoption of amendments to existing Subparts 2, 3, 4, 5, 9, 11, 14, and 16]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 4 contents page. A list of sections in this subpart appears below.]

Contents:

Sec.

§360-13.1 Applicability.

(a) Storage. This Subpart regulates only the storage of waste tires or portions of waste tires. Waste tire processing facilities are regulated under Subpart 360-12 of this Part.

(b) Temporary storage. No person shall engage in storing 1,000 or more waste tires at a time without first having obtained a permit to do so pursuant to this Part.

(1) If waste tires are collected or stored on-site in trailers, the facility may be exempt from the requirements of this Subpart even if the facility stores 1,000 or more tires, provided:

(i) each trailer is removed from the site within 72 hours of being filled to capacity unless otherwise authorized in writing by the department;

(ii) the owner or operator of the facility has a contractual agreement for the prompt removal and use or proper disposal of the waste tires;

(iii) each trailer is locked to prevent access when the facility is closed;

(iv) each trailer is registered with the department under a valid waste transporters permit pursuant to Part 364 of this Title;

(v) the facility maintains daily records of waste tires received, processed and/or removed from the facility which also identifies from whom the tires were received (if over 25 tires per day were received from an individual) and documentation showing the destination of the waste tires on removal from the facility;

(vi) an annual report is prepared and filed with the department's central office and office of the department administrating the region within which the facility is located, on a form prescribed by or acceptable to the department, no later than 60 days after the first day of January following each year of operation, which includes a monthly summary of the daily records required by subparagraph (v) of this paragraph;

(vii) an identification of the facility's location, owner, operator, and operations is provided to the department prior to such storage;

(viii) there shall be no more than ten waste tire storage trailers on-site at any one time whether filled, partially filled or empty unless otherwise authorized in writing by the department;

(ix) the facility is enclosed by a security fence if more than two trailers are stored on-site;

(x) storage of the trailers is approved by the local fire marshal and in accordance with State and local building and fire codes; and

(xi) the facility is permitted as a transfer station under Subpart 360-11 of this Part prior to such storage.

(c) Agricultural soils. Waste tire storage facilities located on a floodplain, a regulated wetland, or agricultural soil group 1 or 2 (Land Classifications System as certified by the New York State Commissioner of Agriculture and Markets) within an agricultural district formed pursuant to the Agricultural and Markets Law, must immediately cease operations and remove waste tires from the site and dispose or treat them in a lawful manner pursuant to a department-approved removal plan.

(d) Registration.

(1) The following regulated solid waste management facilities are subject to the registration provisions of subdivision 360-1.8(h) of this Part, rather than the permit requirements of this Part, provided all the applicable requirements of this Subpart are also met:

(i) waste tire retreaders;

(ii) storage of waste tires for on-site energy recovery;

(iii) tire dealers selling waste tires; and

(iv) those using waste tires in the manufacture of a new product, as approved in advance in writing by the department, which may include asphalt and roadbed manufacturing.

(2) In addition to the requirements of this subdivision, the following conditions must be satisfied:

(i) for facilities listed under subparagraphs 360-13.1(d)(1)(i), (ii) and (iv) of this section;

(a) less than 30 days supply of waste tires, based on the design capacity of the facility, are stored on-site, unless otherwise approved in advance in writing by the department;

(b) a vector control plan that satisfies the requirements of subdivision 360-13.2(j) of this Subpart is complied with;

(c) operational requirements in subdivisions 360-13.3(c) and (d) of this Subpart regarding fire prevention and control, and access are complied with;

(d) the facility maintains daily records of the waste tires received, processed and/or removed from the facility and also identifies from whom the tires were received (if over 25 tires per day were received from an individual) and documentation showing the destination of the waste tires when removed from the facility;

(e) for facilities storing waste tires on-site for energy recovery, a sorting plan must be implemented in accordance with subdivision 360-13.3(b) of this Part; and

(f) waste tires must be stored in accordance with paragraph 360-13.2(i)(3) and (4) of this Part; and

(ii) for facilities listed under subparagraph 360-13.1(d)(1)(iii) of this section;

(a) waste tires received are stored in an enclosed building;

(b) waste tires are suitable for resale;

(c) waste tires are sorted and stored on shelves or racks by tire size and type;

(d) an inventory is maintained by tire size and type that identifies each waste tire;

(e) storage configuration and fire prevention and protection systems are in accordance with State and local building and fire codes;

(f) the facility maintains daily records of the waste tires received, processed and/or removed from the facility and also identifies from whom the tires were received (if over 25 tires per day were received from an individual) and documentation showing the destination of the waste tires when removed from the facility; and

(g) the owner or operator has a signed contractual agreement for the proper disposal of solid wastes.

(e) Other uses. Other uses of waste tires may be approved by the department provided the generator or potential user petitions the department, in writing, for a beneficial use determination under Subpart 360-1 of this Part and receives a positive written determination in advance from the department.

(1) The use of tires mounted on rims for the support of junk automobiles is acceptable provided not more than four waste tires are used for each automobile.

(2) For purposes of this Subpart, tires at automobile dismantlers and automobile junkyards still mounted on a vehicle shall not be considered a waste tire until removed from the vehicle.

(f) Waste tire disposal. A facility storing more than 1,000 waste tires for longer than 60 days shall be considered a disposal facility in violation of this Part unless the facility is:

(1) permitted in accordance with this Part;

(2) under consent order with the department; or

(3) otherwise exempt from this Part.

(g) Transition. All waste tire storage facilities permitted or under consent order with the department prior to the effective date of this Subpart, must cut into pieces no larger than four by six inches, compact by 75 percent or treat by a process acceptable to the department, all waste tires within three years of the effective date of this Subpart, in order to reduce the potential for mosquito breeding and fire transmission, unless such permit or consent order requires removal or processing in a shorter period. This size reduction, compaction or treatment, is required for all waste tires except those tires to be removed from the facility for an intended end use which utilizes whole tires as substantiated by signed contractual agreements. If an end use is identified, the facility may only store a six-month supply of whole tires for each signed contractual agreement. Any waste tires received above that amount must be reduced into pieces no larger than four by six inches, be compacted by 75 percent or treated by a process acceptable to the department before storage. If a signed contractual agreement expires or is otherwise cancelled, the facility owner must obtain another agreement for use of such whole tires in six months of such expiration or cancellation. If such an agreement is not signed with another end user within that six-month period, those whole waste tires accumulated for the intended end use must be reduced in size, or compacted as described above or treated by a process acceptable to the department within a time period specified by the department.

§360-13.2 Additional application requirements for an initial permit to construct and operate.

In addition to the requirements set forth in Subpart 360-1 of this Part, an application for an initial permit to construct and operate a waste tire storage facility used to store 1,000 or more waste tires at a time must include the following:

(a) Report. A report that must include the following, in addition to the requirements of section 360-1.9 of this Part:

(1) A description of the overall facility, including:

(i) the function of all equipment to be used; and

(ii) identification of the storage area for the waste tires and other solid waste accepted at the facility illustrating adequacy for both daily storage capacity as well as long term storage capacity.

(2) A description of the operation of the waste tire storage facility including:

(i) a quantity description that must include a table or graph showing the projected quantities delivered per month during the initial year of operation (and the background data and assumptions used to produce this table or graph);

(ii) projected future annual quantities for the projected life of the facility; and

(iii) a description of the operations and activities involving the flow of the waste tires from the time of their receipt continuing through handling, storage and disposal, that describes the waste tire facility as a whole. There must be sufficient description in the narrative to understand the flow of the waste tires and the associated operations at the facility.

(3) A discussion of the concept of the facility's possible expansion at a later date.

(4) An identification of possible groundwater and surface water discharges.

(5) An identification of how residues and recyclables which cannot be marketed will be disposed of.

(b) Site plan. A site plan that must show the facility's property boundaries; site acreage; distances from adjacent residences, property owners and population centers; off-site utilities such as electric, gas, water, and storm and sanitary sewer systems; a north arrow; site topography; the location of screening provided, regulated wetlands, rights-of-way, surface water and classifications, floodplains, buildings and appurtenances, fences, gates, roads, staging areas, parking areas, drainage culverts and signs; monitoring wells; transportation systems in the vicinity of the facility including, but not limited to railways and ports; the location and identification of special waste handling and storage areas; and a wind rose.

(c) Market analysis. A market analysis relating to waste tires to be received at the facility must include an identification of available and potential markets. This analysis must include:

(1) an identification of the information reviewed to identify potential markets including information obtained from the New York State Department of Economic Development;

(2) the results of a survey of potential markets and potential market services which includes an identification of all local and regional markets and market services contacted, quality requirements, quantity requirements, market pricing structures and transportation services available; and

(3) an identification of the types of processing necessary for separation and upgrading of the waste tires to assure market acceptance.

(d) Plans and specifications. Copies of all plans and specifications reflecting construction of the proposed facility must be included.

(e) Monitoring and inspection plan. A facility monitoring and inspection plan must satisfy the requirements of paragraph 360-1.14(f)(3) of this Part, and having an inspection schedule reflecting inspections to be conducted at a frequency of no less than once per quarter. The inspection plan must address the following concerns: the presence of vermin; the readiness of fire-fighting equipment; and the integrity of the security system.

(f) Closure plan. A closure plan must comply with the closure requirements described in subdivision 360-1.14(w) of this Part and must identify the steps necessary to close the facility. The plan may be amended at any time during the active life of the facility with department approval. The plan must be amended whenever changes in operating plans or facility design affect the closure plan, or whenever there is a change in the expected year of closure.

(g) Surety. In addition to the requirements of section 360-1.12 of this Part, surety in an amount sufficient to cover the cost of handling the worst case contingency identified in the contingency plan or the insolvency of the facility owner or operator requiring closure of the facility at its maximum capacity (whichever is greater) must be provided, but may be no less than the following:

(1) One dollar and fifty cents per tire for surety must be provided for every whole waste tire not stored in accordance with the storage requirements of paragraphs 360-13.2(i)(3) and (4) of this Subpart after the effective date of this Part, unless otherwise specified by the department.

(2) One dollar per tire for surety must be provided for every whole waste tire stored in accordance with the storage requirements of paragraph 360-13.2(i)(3) and (4) of this Subpart after the effective date of this Part, unless otherwise specified by the department.

(3) Fifty cents per tire for surety must be provided for every waste tire either reduced in size into pieces no larger than four inches by six inches, compacted by 75 percent or treated by a treatment process acceptable to the department and not stored in accordance with the requirements of paragraph 360-13.2(i)(3) and (4) of this Subpart after the effective data of this Part, unless otherwise specified by the department.

(4) Twenty-five cents per tire for surety must be provided for every waste tire either reduced in size into pieces no larger than four by six inches, compacted by 75 percent or treated by a process acceptable to the department and stored in accordance with the storage requirements of paragraphs 360-13.2(i)(3) and (4) of this Subpart after the effective date of this Subpart, unless otherwise specified by the department.

(5) The department may accept less than the amounts stipulated in paragraphs (1) through (4) of this subdivision if it is determined in writing to be appropriate by the department based on information provided by the owner or operator justifying a reduced amount. The department may also require more than the amounts stipulated in paragraphs (1)-(4) of this subdivision if it is determined necessary based on past practices by the owner or operator or found necessary by the department to protect human health and the environment.

(6) Surety for new facilities may be phased in over time as waste tires are received and may be reduced over time for all facilities as a number of waste tires stored is reduced.

(h) Contingency plan. In addition to the requirements set forth in subdivision 360-1.9(h) of this Part, the contingency plan must include but not be limited to:

(1) Scope. The contingency plan must be designed to minimize hazards to human health and the environment resulting from fires or releases into the air, onto the soil or into groundwater or surface water.

(2) Contents. The contingency plan must describe the actions that must be taken in response to a fire or releases which could threaten human health or the environment. The contingency plan also must provide for the worst case contingency such as a fire occurring at the facility at its maximum capacity. Consideration must be provided regarding on-site water supply, access routes to the site, security, alarms, training, drills and on-site fire protection equipment.

(3) A copy of the contingency plan and all revisions to this plan must be maintained at the facility and be submitted to the local police department, fire department, hospitals, and State and local emergency response teams that may be called on to provide emergency services. Any comments made by these groups must be addressed in the contingency plan. The operator must assure that the provisions of this plan are carried out in the event of an incident covered by it.

(4) Any amendments to this plan must be submitted to the department. This plan must be immediately amended whenever:

(i) it fails to provide information to respond to an emergency situation;

(ii) the facility changes in its design, construction, operations, maintenance or other circumstance in a manner that materially increases the potential for fires, releases of pollutants or changes the response necessary in an emergency;

(iii) the list of emergency coordinators changes;

(iv) the list of emergency equipment changes; or

(v) changes are made to address comments made by the local police or fire departments, hospitals and State and local emergency response services.

(5) The applicant must contact the local fire marshal for requirements and recommendations for fire protection and control measures including roadways constructed for all weather conditions, storage configurations, and pre-emergency planning. The applicant must include documentation verifying that the local fire marshal has been contacted and any comments made by the local fire marshall must be addressed in the contingency plan.

(6) The facility must comply with all applicable National Fire Protection Association standards, including Standards for Storage of Rubber Tires, NFPA 231D, 1989 edition (see section 360-1.3 of this Part).

(i) Storage plan. The storage plan must address the receipt and handling of all waste tires and solid waste to, at and from the facility. The plan must address the following matters:

(1) The facility may receive and accumulate only waste tires for storage.

(2) All solid waste generated as a result of facility operation must be stored in a department-approved location and disposed of at a department-approved solid waste disposal facility within one week after generation unless otherwise approved by the department in writing.

(3) Waste tire piles must not exceed 20 feet in height. Horizontal dimensions of waste tire piles at the base of the pile must have a surface area no greater than 10,000 square feet, with the width not to exceed 50 feet.

(4) Waste tire piles must have a minimum separation distance of 50 feet between piles, and between a pile and: the facility property boundaries: a public right-of-way located at the facility property boundary: any other buildings or structures. These 50-foot separation areas must be maintained free of obstructions and vegetation at all times and maintained in such a manner that emergency vehicles will have adequate equipment access.

(5) The facility must not store waste tires in excess of the quantity for which the facility is permitted.

(6) Rims removed from the waste tires may be stored for up to 30 days but may be stored for a longer period of time with prior written department approval if the department finds that:

(i) there is a demonstrated need or use to do so (such as a market agreement with terms of receipt based on greater than 30-day intervals or volumes that may take longer than 30 days to acquire); and

(ii) there is sufficient department-approved storage area.

(7) Waste tire piles may not be located in excavations or below grade without prior written approval by the department.

(j) Vector control plan. This plan must provide that:

(1) All waste tires be maintained in a manner which limits mosquito breeding potential and other vectors.

(i) A method of acceptable vector control will require that tires received must be drained of water within 24 hours of receipt and must include one or more of the following:

(a) covering by plastic sheets or other impermeable barriers, other than soil, to prevent the accumulation of precipitation;

(b) chemical treating to eliminate vector breeding provided all chemicals used are registered for use in New York State and are applied by a person licensed in New York State to apply pesticides;

(c) mechanical tire size reduction into pieces no larger than four by six inches, with storage in piles in compliance with paragraphs 360-13.2(i)(3) and (4) of this section and allow for complete water drainage; or

(d) any other method approved by the department in writing.

(2) If a fire pond is provided, the vector control plan must include provisions to limit mosquito breeding potential and other vectors in the vicinity of the pond.

§360-13.3 Operational requirements.

In addition to the requirements of section 360-1.14 of this Part, all waste tire storage facilities subject to the permitting requirements of this Part must comply with the following operational requirements:

(a) Operation and maintenance manual. All activities at the facility must be performed in accordance with plans required by this Part and approved by the department. All plans required by this Part must be incorporated into a final operations and maintenance (O&M) manual, a copy of which must be maintained and be available for reference and inspection at the facility. This manual must be updated no less frequently than at each time an application to renew a permit is submitted. Operation of the facility may not begin unless a draft O&M manual is first approved in writing by the department. As a condition of the permit to construct and operate, a final O&M manual must be submitted to and be approved by the department within six months from the date facility operation begins.

(b) Sorting of waste tires.

(1) Rims must be removed from the waste tires within one week of receipt at the facility. Any solid waste resulting from the facility operation must be stored in accordance with the storage plan required in subdivision 360-13.2(i) of this Subpart until removed from the facility.

(2) Waste tires received must be evaluated for suitability for retreading. Usable waste tires must be transported to retreading facilities where feasible, unless the waste tires are committed to another market as substantiated by signed contractual agreements. The waste tires must be transported at planned intervals as provided in the facility operation and maintenance manual.

(3) Waste tires received must be sorted by tire types if the materials are to be used as a chemical feedstock.

(4) Waste tires received must be appropriately sorted within five working days of receipt.

(c) Fire prevention and control. In addition to the contingency plan requirements set forth in paragraph 360-1.9(h)(1) of this Part:

(1) approach roads to the facility and access roads within the facility must be constructed for all weather conditions and maintained in passable condition at all times to allow for access by fire-fighting and emergency response equipment;

(2) the facility must be maintained free from weeds, trees and vegetation which may restrict access to or operations of the facility;

(3) the facility must be constructed to prevent the uncontrolled collection and pooling of water on the facility;

(4) waste tire facilities having a planned or actual capacity of 2,500 or more waste tires must have, at a minimum, an active hydrant or viable fire pond on the facility and fully charged large capacity carbon dioxide or dry chemical fire extinguishers located in strategically placed enclosures throughout the entire facility in quantities as deemed necessary in the contingency plan or other fire protection and prevention equipment as approved by the local fire marshal;

(5) waste tire piles must be accessible on all sides to fire fighting and emergency response equipment; and

(6) potential ignition sources must be eliminated and combustibles must be removed as they accumulate. Smoking, welding, storage of flammable liquids, and open fires are prohibited in the storage area.

(d) Access.

(1) The facility owner or operator must restrict the presence and minimize the possibility of any unauthorized entry onto the facility. Any person entering the facility during regular business hours must be directed to report to the facility office by appropriate signs located at the facility entrances and other locations in sufficient number to be seen from any approach to the facility.

(2) Facilities having a planned or actual capacity of 2,500 or more waste tires must be enclosed by a woven wire, chain-link or other acceptable fence material, at least six feet in height. Access must be controlled by locking gates. Keys for the locking gates shall be provided to local fire and police officials for emergency fire response unless otherwise approved by the department.

(3) Security and access control may include other appropriate measures in lieu of paragraph (2) of this subdivision if otherwise approved in writing by the department.

(e) Reporting and recordkeeping. In addition to the requirements of subdivisions 360-1.4(c) and 360-1.14(i) of this Part, the facility owner or operator must:

(1) Maintain daily records for facility monitoring. This monitoring information must include a daily log specifying the date, printed name and signature of the individual recording the information, the quantity and origin of waste tires received and processed and the quantity and destination of waste tires removed from the facility. These records must account for all materials handled at the facility and specify the name and permit number, if required, of the waste tire haulers, removing and delivering waste tires to the facility.

(2) Prepare and file duplicate original quarterly operation reports with the department's central office and the office of the department administrating the region within which the facility is located, on a form prescribed by or acceptable to the department, within 15 days after the end of each quarter. The report must:

(i) include the total quantity of waste tires at the facility and the quantity added or removed since the previous report;

(ii) identify any environmental problems, fires or significant changes or progress toward the ultimate disposal of or use of waste tires received or located at the facility;

(iii) identify the types and quantities of pesticides used during the reporting period; and

(iv) include a monthly summary of the daily records required under paragraph (1) of this subdivision.

(3) Prepare and file an annual report with the department's central office and the office of the department administrating the region within which the facility is located, on a form prescribed by or acceptable to the department, no later than 60 days after the first day of January following each year or portion thereof of operation.

(f) Receipt and handling.

(1) Waste tires must be transported to and from the facility only by waste haulers permitted under or exempt from Part 364 of this Title.

(2) All waste tire storage facilities applying for an initial permit to construct and operate in accordance with this Part after the effective date of this Part, may only store whole tires which are to be removed from the facility for an end use which uses whole tires as substantiated by signed contractual agreements. If an end use is identified, the facility may only store a six-month supply of whole tires for each signed contractual agreement. Any whole waste tires received above that amount must be reduced into pieces no larger than four by six inches, be compacted by 75 percent or treated by a treatment process acceptable to the department before storage. If a signed contractual agreement expires or is otherwise cancelled, the facility owner must obtain another agreement for use of such whole tires within six months of such expiration or cancellation. If such an agreement is not signed with another end user within that six-month period, those whole waste tires accumulated for that purpose must be reduced in size, or compacted as described above or treated by a treatment process acceptable to the department within a time period specified by the department.