Rule 391-3-4-.19 - Scrap and Used Tire Management(1)Applicability.(a) Scrap tire handling shall be regulated from the point of generation through the point of final disposition. The provisions of this Rule, except where exemptions apply, shall apply to all persons presently engaged in, or proposing to be engaged in, the retail sale of new replacement tires, handling of scrap tires, and/or the collection, inventory and marketing of used tires.(b) All persons subject to regulation under this Rule shall, in addition to the requirements of 391-3-4-.19, handle scrap tires in accordance with the provisions of O.C.G.A. 12-8-20, et seq., and the Rules for Solid Waste Management, Chapter 391-3-4, applicable to solid waste.(2)Definitions. For the purposes of this Rule: (a) "Beneficial reuse" means the use of scrap tires for purposes other than its original intended use and that have been approved by the Division prior to reuse.(b) "Enclosure" means structure with four sides and roof or an area surrounded by a wall or fence with the purpose of controlling or limiting access.(c) "End user" means the last person who uses the scrap tires, chips, crumb rubber, or similar materials to make a product with economic value, or, in the case of energy recovery, the person who uses the heat content or other form of energy from the incineration, combustion or pyrolysis of waste tires, chips or similar materials.(d) "Financial Assurance" means a mechanism designed to demonstrate that funds will be available to ensure compliance with statutory, regulatory and permit requirements of tire carriers and processors. The financial mechanism must be either a surety bond or an irrevocable letter of credit.(e) "Manufacturer" means a person who produces new tires from raw materials for the original intended use on, but not limited to, automobiles, trucks, motorcycles, trailers, recreational vehicles, construction equipment, earth-moving equipment and aircraft.(f) "Mixed Tires" means a group of tires that may consist of "used tires," "retreadable casings," and "scrap tires."(g) "Organized Site Cleanup Activity" means scrap tire abatement activities conducted by a government entity, non-profit, or other organization.(h) "Point of Final Disposition" means a location approved by the Division to receive scrap tires including, but not limited to, scrap tire processors, scrap tire sorters and end users.(i) "Residuals" means by-products resulting from the processing of scrap tires including, but not limited to, fibers, metals, inner tubes and rims.(j) "Retreadable Casing" means a scrap tire suitable for retreading. This includes casings that have value as a potential retreaded tire. This does not include casings with tread separation, unrepaired cuts, corroded belts, sidewall damage, run-flat or skidded.(k) "Distributor" means any person, other than a used motor vehicle parts dealer licensed in accordance with Chapter 47 of Title 43, actively engaged in the sale of new replacement tires to tire retailers for sale by such tire retailers to the ultimate consumer or who sells directly to ultimate consumers in Georgia, as further described in O.C.GA. § 12-8-40.1 and Rule 391-3-4-.19(3)(a).(l) "Scrap Tire" means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.(m) "Scrap Tire Generator" means any person who generates scrap tires including, but not limited to, tire retailers; retreaders; scrap tire processors; scrap tire sorters; automobile dealers; private company vehicle maintenance shops; used tire dealers; garages, and service stations; and city, county, and state governments.(n) "Scrap Tire Processing" means any method, system, or other treatment designed to change the physical form, size, or chemical content of scrap tires for beneficial use.(o) "Scrap Tire Processor" means any person approved through a permit issued by the Division to receive and process scrap tires, but shall not include a registered secondary metals recycler operating a scrap metal shredder for the purpose of shredding metallic scrap, including scrap automobiles containing five or fewer scrap tires per automobile into specification grades of scrap metal.(p) "Scrap Tire Sorter" means any person, other than a registered scrap tire generator or a scrap tire processor, who handles mixed tires by separating used tires and retreadable casings from scrap tires and is approved through a permit by the Division.(q) "Tire" means a continuous solid or pneumatic rubber covering designed for encircling the wheel of a motor vehicle and which is neither attached to the motor vehicle nor a part of the motor vehicle as original equipment.(r) "Tire Carrier" means any person engaged in collecting or transporting tires, other than new tires. For the purpose of this Rule, tire carrier does not include a transporter of scrap or crushed vehicles.(s) "Tire Manifest" means a form or document used to identify the quantity, composition, origin, routing and destination of scrap tires during transportation from the point of generation to a point of final disposition and to track used tires from the point of generation to another location.(t) "Tire Retailer" means any person, other than a used motor vehicle parts dealer licensed in accordance with Chapter 47 of Title 43, actively engaged in the business of selling new replacement tires to the ultimate consumer. Tire retailers may also be, but are not limited to, manufacturers, wholesalers, distributors, and others who sell new replacement tires to the ultimate consumer.(u) "Tire Retreader" means any person actively engaged in the business of retreading scrap tires by scarifying the surface to remove the old surface tread and attaching a new tread to make a usable tire.(v) "Ultimate Consumer" means the last person who receives and uses a new replacement tire.(w) "Used Tire" means a tire which has a minimum of 2/32 inch of road tread and which is still suitable for its original purpose but is no longer new. A used tire dealer shall inventory and market used tires in substantially the same fashion as a new tire and be able to provide satisfactory evidence to the division that a market for the used tire exists and that the used tire is in fact being marketed as a used tire. A used tire shall not be considered solid waste.(x) "Used Tire Dealer" means any person, other than a used motor vehicle parts dealer licensed in accordance with Chapter 47 of Title 43, actively engaged in the business of selling used tires, as defined in this Rule.(y) "New replacement tire" means any new tire that is used to replace tires on an existing vehicle and include, but are not limited to, tires for automobile, truck, heavy equipment, motor bike, boat and other trailers, aircraft, and recreational vehicles.(3) Tire Management Fee. (a) Beginning July 1, 2023, a tire management fee of $1.00 per new replacement tire is imposed upon any distributor at the time they meet one of the following criteria: 1. The distributor sells a new replacement tire to a tire retailer in the state for sale by that tire retailer to the ultimate consumer; or2. The distributor sells a new replacement tire to the ultimate consumer in the state for use by that ultimate consumer.(b) Local and state governments are not exempt from the tire management fee.(c) The fee shall not be imposed on the sale of:1. Tires with a rim size less than 12 inches;2. Tires from any device moved exclusively by human power; or3. Tires used exclusively for agricultural purposes, except farm truck tires.(d) Distributors shall register with the Division and remit fees and a quarterly tire fee report to the Division, documenting the number of new replacement tires sold. The distributors shall use forms provided by the Division. The fee and report shall be remitted by the 30th day of April, July, October, and January of each year, covering the period for the preceding quarter.(e) In collecting, reporting, and paying the fees due under this section, each distributor shall be allowed the following deductions, but only if the amount due was not delinquent at the time of payment: 1. A deduction of three percent of the first $3,000.00 of the total amount of all fees reported due on such report; and2. A deduction of one-half of one percent of the portion exceeding $3,000.00 of the total amount of all fees reported on such report.(4) Scrap Tire Generators. (a) Any person who generates scrap tires in this state shall have a scrap tire generator identification number (ID number #) issued by the Division. The ID number shall be used on tire manifests. A separate ID number shall be required for each business location.(b) The following persons shall not be required to have an ID number:1. Scrap tire generators who generate scrap tires at out-of-state locations and ship their scrap tires to a point of final disposition in Georgia; and2. A licensed used motor vehicle parts dealer or registered secondary metals recycler, who does not generate scrap tires for disposal or recycling.3. A municipal solid waste collector holding a valid solid waste collection permit under authority of this part whose primary business is the collection of municipal solid waste;4. A private individual transporting no more than 10 of the individual's own or a private individual transporting more than 10 tires if such individual can provide proof of purchase with receipt for such tires;5. Any person transporting tires collected as part of an organized site cleanup activity;(c) Scrap tire generators shall initiate a tire manifest to track scrap tires during transportation from the point of generation to an approved point of final disposition. The tire manifest shall include the following information: 1. Name, address, county, telephone number and scrap tire generator identification number;2. An estimate of the number (accurate to within 10% of actual number) or weight of scrap tires to be transported;3. Signature of the generator certifying the estimate and the date the scrap tires were picked up;4. Name, address, telephone number and permit number of the tire carrier;5. Signature of the permitted tire carrier, the date of pickup from the generator and the date of delivery to the point of final disposition;6. Name, address, telephone number and permit number of the point of final disposition;7. Signature of authorized representative at the point of final disposition certifying the weight (in tons or number of tires) and the date received from the tire carrier.(d) If a generator chooses to use tons of tires rather than actual numbers of tires on the tire manifest for passenger and truck tires, the following conversion factor must be used: 1. Passenger Tires: 2000 lb. (one ton) = 89 tires (22.5 lb/tire)2. Truck Tires: 2000 lb. (one ton) = 17 tires (120 lb/tire)(e) Scrap tire generators shall ensure that any person collecting and transporting their scrap tires hold a valid tire carrier permit issued by the Division and that their scrap tires were delivered to the point of final disposition designated by the generator on the scrap tire manifest.(f) Scrap tire generators shall retain a copy of the tire manifest signed and dated by the carrier at the time the scrap tires were collected or transported. This tire manifest copy should be kept until the generator receives the original tire manifest signed by the generator, carrier and point of final disposition. The original tire manifest shall be kept on-site for a period of three years.(g) A scrap tire generator shall notify the Division in writing of any carrier who fails to return a properly completed tire manifest to the generator within 30 days from scrap tire pickup. Such notification shall be filed within 15 days following any failure of the carrier to deliver the tire manifest with original signature to the generator.(h) Scrap tire generators may designate whether a tire, because of wear, damage, or defect, is a "used tire", or "retreadable casing" as defined in these Rules. However, if a generator fails to designate which tires are "used", or "retreadable casings" then all tires transported shall be considered scrap tires and must be indicated on the tire manifest.(5) Tire Carriers. (a) Unless otherwise exempted, any person collecting or transporting scrap or used tires shall have a tire carrier permit issued by the Division. A permit shall not be issued unless the financial assurance, as provided for in these Rules, has been submitted and approved by the Division.(b) A separate permit and financial assurance instrument shall be required for each tire carrier business location.(c) A tire carrier shall transport scrap tires only to a point of final disposition as defined in these Rules.(d) Storage of scrap tires by tire carriers is prohibited.(e) The permitted tire carrier shall maintain financial assurance in a format provided by the Division. The required financial assurance is as follows: 1. $10,000.00 for carriers transporting up to 5,000 scrap tires per month.2. $20,000.00 for carriers transporting more than 5,000 scrap tires per month.(f) The permitted tire carrier shall submit a quarterly report to the Division on forms provided by the Division. Reports shall be submitted by the 30th day of April, July, October and January of each year and cover the reporting period for the preceding calendar quarter. The tire carrier shall retain copies of the quarterly reports, tire manifests, invoices and weight tickets for three years at their place of business or other location approved by the Division. The tire carrier shall make these records available for review upon request by the Division.(g) The permitted tire carrier shall display a decal issued by the Division on both the driver's and passenger's doors on each vehicle used to collect or transport tires. A decal shall not be required for a tire carrier that collects tires exclusively from outside this state and transports them directly to a scrap tire processor or end user within this state. 1. By August 1st of each year, tire carriers shall purchase decal(s) for each vehicle used to collect or transport tires.2. The tire carrier shall pay the Division a nominal fee for each decal issued.3. Decals are valid for a one-year period and shall expire on July 31st of each year.(h) It shall be the responsibility of the permitted tire carrier to return the tire manifest, with the three required original signatures, to the scrap tire generator no later than 30 days from the date on which the carrier collected the scrap tires from the generator.(i) The following persons shall not be required to have a tire carrier permit: 1. A tire retailer or distributor transporting its own used tires, if such dealer can provide proof of purchase with receipt for all used tires being transported and a document verifying the origin, route and destination of such used tires;2. A municipal solid waste collector holding a valid solid waste collection permit under authority of this part whose primary business is the collection of municipal solid waste;3. A private individual transporting no more than 10 of the individual's own tires or a private individual transporting more than 10 tires if such individual can provide proof of purchase with receipt for such tires;4. A company transporting the company's own tires to a scrap tire processor or end user or for proper disposal;5. Any person transporting tires collected as part of an organized site cleanup activity;6. The United States, the State of Georgia, any county, municipality, or public authority.7. Other persons, as approved by the Division, on a one time or temporary basis, as needed to further the intent of O.C.G.A. § 12-8-20, et seq., that scrap tires be reused or recycled rather than disposed.(6) Scrap Tire Storage. (a) No person may store more than 25 scrap tires anywhere in this state.(b) If scrap tires are secured in a locked enclosure or are otherwise adequately secured in a manner suitable to prevent unauthorized access, then paragraph (6)(a) of this Rule shall not apply to the following: 1. A solid waste disposal site permitted by the Division, if the permit authorizes the storage of scrap tires prior to their disposal;2. A tire retailer, distributor, or a publicly owned vehicle maintenance facility with not more than 1,500 scrap tires in storage;3. A tire retreader with not more than 3,000 scrap tires in storage, so long as the scrap tires are of the type the retreader is actively retreading;4. A licensed used motor vehicle parts dealer registered with the Secretary of State's office, a registered secondary metals recycler or a privately owned vehicle maintenance facility that operates solely for the purpose of servicing a commercial vehicle fleet with not more than 500 scrap tires in storage; and5. A permitted scrap tire processor or sorter that has received approval prior to October 28, 2015 or holds a current permit, so long as the number of scrap tires in storage does not exceed the quantity approved by the Division. The Division may grant a waiver for the enclosure requirement if the person requesting the waiver can definitively show a significant and unique economic hardship which would impair the person's ability to continue operating his or her business.6. A farm with 100 or fewer scrap tires in storage or in use for agriculture purposes. In addition, the Division may grant waivers to allow the storage or use of more than 100 scrap tires for agricultural purposes, if such storage or use does not pose a threat to human health or the environment.(c) Any person storing scrap tires is subject to the following requirements:1. Unless otherwise specified in an approved plan by the Division, all scrap tires shall be stored in a manner (e.g., under roof, secured tarp, or the like to prevent water accumulation) that controls the breeding and harborage of mosquitoes, rodents and other vectors;2. Activities involving open flames and other flammable materials (oil, gas, fuel) shall not be allowed within 25 feet of a scrap tire storage area, with the exception of maintenance activities involving torches and welding equipment, as long as a fireproof barrier is used;3. A 50-foot wide fire lane shall be placed around the perimeter of each scrap tire pile.4. All persons engaged in the collection, storage or processing of scrap tires, retreadable or used tires shall control the presence of vectors or other nuisance pests associated with storage of the tires. Such pests may include, but are not limited to, mosquitoes, rats, mice, snakes and other animals living in or adjacent to the tire storage. Permitted or approved facilities shall maintain records for three years that include, but are not limited to:(i) Type of control method used;(ii) If chemical control - the name of the chemical(s);(iii) Dates and amounts of chemical(s) used; and(iv) Chemical storage location.(7) Criteria for Scrap Tire Processors, Sorters and Disposal Facilities. (a) Processing operations shall include, but not limited to, shredding, chopping, chipping, splitting, pyrolysis, microwave, and cryogenic operations. Provided financial assurance requirements of these rules have been met, permitted scrap tire processors in existence on the effective date of this Rule may continue to operate under their existing permit. Existing facilities requesting modifications after the effective date of this Rule must fully comply with this Rule. Scrap tire processing facilities shall meet the following requirements: 1. All scrap tire processors located in this state shall submit an application and obtain a permit issued by the Director prior to operation. No person may process scrap tires without a permit issued from the Director.2. A permitted scrap tire processor shall maintain financial assurance in a format provided by the Division in the amount of $20,000 for each business location.3. All scrap tire processors shall have and follow an operations plan approved by the Division. The facility owner(s) or authorized representatives shall submit a written request to modify an approved operations plan. Any proposed modification to the facility and/or operations shall not be implemented until approved by the Division.4. The operations plan shall include, zoning approval, proof of fire inspection, operational narrative, site plan and drawing of the operation, and shall be designed by a professional engineer licensed to practice in Georgia.5. Processors must show that they have the necessary operable equipment in place to process scrap tires prior to receiving scrap tires for processing.6. In addition to the scrap tire storage requirements in section (6) of these Rules, the following requirements apply: (i) Storage limits are based on the processing equipment capability, proof of market, recycling rate and available storage space.(ii) Storage of scrap tires shall not exceed a 30 day operating supply. Prior approval for increased storage limits must be approved by the Division if 30 day operating supply cannot be met.(iii) Any processor with tires, product or residuals in enclosed trailers shall be subject to the following requirements:(I) Trailer storage areas must be clearly depicted on a site plan.(II) Storage area shall be no greater than 10,000 square feet per storage area.(III) A minimum of two feet must be maintained between trailers (side-to-side and end-to-end). No more than two rows of trailers per storage area may be stored at any facility. Such storage must be end-to-end and the trailer must be stored in a manner that allows direct removal of the trailer if needed. Empty trailers stored in the area designated for scrap tire storage are subject to the same separation requirements.(IV) A 50-foot wide fire lane shall be placed around the perimeter of each scrap tire storage area. The fire lane shall be kept free of debris, vehicles, trailers, weeds, grass and other potentially combustible material.(iv) Processors must meet the following requirements for tires, processed tires, product, and residuals stored on the ground.(I) A tire, processed tire, product, or residual pile shall have no greater than the following maximum dimensions: I. Area: 10,000 square feet.(II) A 50-foot wide fire lane shall be placed around the perimeter of each pile with the exception of noncombustible materials (rims, wires, etc.). The fire lane shall be kept free of debris, vehicles, trailers, weeds, grass and other potentially combustible material. Existing processors may comply with the fire lane requirements documented on an approved plan until the plan is modified.(III) Storage of whole tires, products, and residuals near buildings is prohibited unless: I. A non-combustible/non-flammable barrier (firewall) is constructed in accordance with applicable state or local firewall requirements and a 25-foot fire lane, unless otherwise set by the local fire authority or a Georgia State Certified Fire Inspector, is maintained between the firewall and the building.II. The whole tires, processed tires, products, and residuals shall not exceed the height of the firewall.7. Scrap tire processors shall meet the following operational requirements:(i) Access to the processing facility and fire lane(s) for emergency vehicles shall be unobstructed at all times, with the exception of routine loading or unloading operations, provided the vehicles are attended by their drivers during that time.(ii) In the event of fire, the owner or operator shall immediately take all necessary steps to control and extinguish the fire and control any resulting runoff (i.e., water, oil or other fluid residue).(iii) The run-off resulting from fires or fire suppression actions shall be prevented by berms or other detention structures approved by the Division from entering drains and waters of the state. Material(s) used in berm construction must be non-combustible, non-flammable and prevent run-off.(iv) The facility owner or operator shall provide documentation that the local fire authority or a Georgia State Certified Fire Inspector conducted a fire safety survey. The facility owner or operator shall arrange for an additional fire safety survey as part of any modification request that would increase the amount of scrap tires in storage.(v) Operations involving the use of open flames shall not be conducted within 25 feet of a scrap tire stockpile, processed tire stockpile or processing equipment. An exception is allowed for maintenance activity using torches or welding equipment, as long as fireproof curtains or other fireproof barrier shields the ignition source from storage or equipment areas.(vi) Access to the facility shall be controlled using fences, gates or other means of security.(vii) An attendant shall be present when the scrap tire processing facility is open for business if the facility receives tires from persons other than the operator of the facility.(viii) Any residuals from scrap tire processing shall be managed so as to be contained on-site and shall be controlled and disposed of in a permitted solid waste handling facility or be properly recycled.(ix) A scrap tire processing facility shall not accept any scrap tires for processing if it has reached its approved or permitted staging limit. At least 75 percent of both the scrap and processed tires that are accumulated by the scrap tire processing facility each calendar quarter, and 75 percent by weight or volume of all scrap tires previously received and not recycled, reused or properly disposed during the preceding calendar quarter shall be processed and removed from the facility for disposal or recycling from the facility during the quarter or disposed of in a solid waste handling facility approved to accept scrap tires.(x) Communication equipment shall be maintained at the scrap tire processing facility to ensure that the facility attendant or operator can contact local emergency response authorities in the event of a fire. The facility will notify the Division within 24 hours in the event of a fire requiring a response by the local fire jurisdiction.(xi) The emergency/contingency portion of the operations plan shall include, but not be limited to: (I) A list of names and numbers of persons to be contacted in the event of a fire, flood or other emergency.(II) A list of the emergency response equipment at the facility, its location and how it should be used in the event of a fire or other emergency.(III) A description of the procedures that should be followed in the event of a fire, including procedures to contain and dispose of the oily material generated by the combustion of large numbers of tires.(xii) Facility shall have storm water control measures.(xiii) Facility shall have erosion and sediment control measures.8. Scrap tire processors recordkeeping and reporting requirements.(i) The owner or operator of a scrap tire processing facility shall retain required records for three years and make such records available for inspection by the Division. Required records include, but are not limited to: (I) Copies of the tire manifests for all tires received.(II) If more than ten scrap tires were delivered by a person who is not a permitted tire carrier or generator, the number or weight of tires delivered, the date and the person's name, address, telephone number and signature.(III) Properly dated, numbered and signed weight tickets, from certified scales at the facility or from a certified public or private scale, for scrap tires or processed tire materials received at or leaving the facility.(IV) For all scrap tires shipped for reuse or retreading, the quantity and type (passenger car, truck tires, off the road, or others) shipped and the name and location of the person receiving the tires.(V) For all processed tires and residuals, invoices and shipping tickets identifying the date, weight, name, address and phone number of the point of final disposition.(ii) Owners and operators of scrap tire processing facilities shall submit a quarterly report to the Division. The quarterly report shall be submitted by the 30th day of April, July, October and January. The report shall include, but not limited to, the following: (I) The facility name, address and permit number.(II) The calendar quarter and year covered by the report.(III) The total weight of scrap or processed tires received at the facility during the period covered by the report.(IV) The total weight of scrap tires, processed tires, residuals and used tires shipped from the facility during the period covered by the report.(V) The amount of scrap, processed tires or residuals remaining on site.9. Scrap tire processors shall meet the following requirements for the closure of scrap tire processing facilities. (i) The owner or operator shall provide procedures in the operations plan for closing the facility, including, but not limited to:(I) Notification to the Division of intent to close 30 days prior to the scheduled date for closing.(II) Closure activities and schedule for completion.(III) Control of access to the site.(IV) Notification to the Division when all closure activities are completed.(b) Sorters. 1. Sorters in existence on the effective date of this Rule may continue to operate under their existing approval. New or existing facilities requesting modifications after the effective date of this Rule must be permitted by the Division.2. All sorters shall have and follow an operations plan approved by the Division. The facility owner(s) or authorized representatives shall submit a written request to modify an approved operations plan. Any proposed modification to the facility and/or operations shall not be implemented until approved by the Division.3. The operations plan shall include, zoning approval, proof of fire inspection, operational narrative, and site plan and drawing of the operation.4. In addition to the scrap tire storage requirements in section (6) of these Rules, the following requirements apply:(i) Storage limits are based on the permit.(ii) Any sorter with tires stored in enclosed trailers shall be subject to the following requirements: (I) Trailer storage areas must be clearly depicted on a site plan.(II) Storage area shall be no greater than 10,000 square feet per storage area.(III) A minimum of two feet must be maintained between trailers (side-to-side and end-to-end). All trailers in the storage area must be stored in a manner that allows an unobstructed path for direct removal of the trailer at all times. Empty trailers stored in the area designated for scrap tire storage are subject to the same separation requirements.(IV) A 50-foot wide fire lane shall be placed around the perimeter of each scrap tire storage area. The fire lane shall be kept free of debris, vehicles, trailers, weeds, grass and other potentially combustible material.(iii) Sorters must meet the following requirements for tires stored on the ground: (I) A tire stockpile shall have no greater than the following maximum dimensions:I. Area: 10,000 square feet.(II) A 50-foot wide fire lane shall be placed around the perimeter of each pile with the exception of noncombustible materials (rims, wires, etc.). The fire lane shall be kept free of debris, vehicles, trailers, weeds, grass and other potentially combustible material.(III) Storage of whole tires near buildings is prohibited unless:I. A non-combustible/non-flammable barrier (firewall) is constructed in accordance with applicable state or local firewall requirements and a 25-foot fire lane, unless otherwise set by the local fire authority or a Georgia State Certified Fire Inspector, is maintained between the firewall and the building.II. The whole tires shall not exceed the height of the firewall.5. Sorters shall meet the following operational requirements:(i) Access to the sorter facility and fire lane(s) for emergency vehicles shall be unobstructed at all times, with the exception of routine loading or unloading operations, provided the vehicles are attended by their drivers during that time.(ii) In the event of fire, the owner or operator shall immediately take all necessary steps to control and extinguish the fire and control any resulting runoff (i.e., water, oil or other fluid residue).(iii) The run-off resulting from fires or fire suppression actions shall be prevented by berms or other detention structures approved by the Division from entering drains and waters of the state. Material(s) used in berm construction must be non-combustible, non-flammable and prevent run-off.(iv) The facility owner or operator shall provide documentation that the local fire authority or a Georgia State Certified Fire Inspector conducted a fire safety survey. The facility owner or operator shall arrange for an additional fire safety survey as part of any modification request that would increase the amount of scrap tires in storage.(v) Operations involving the use of open flames shall not be conducted within 25 feet of a scrap tire stockpile. An exception is allowed for maintenance activity using torches or welding equipment, as long as fireproof curtains or other fireproof barrier shields the ignition source from storage or equipment areas.(vi) Access to the sorter facility shall be controlled using fences, gates or other means of security.(vii) An attendant shall be present when the scrap tire sorter is open for business if the sorter facility receives tires from persons other than the operator of the facility.(viii) A scrap tire sorter facility shall not accept any scrap tires if it has reached its approved or permitted storage limit. At least 75 percent of both the scrap tires that are accumulated by the scrap tire sorter facility each calendar quarter, and 75 percent by weight or volume of all scrap tires previously received and not reused or properly disposed during the preceding calendar quarter shall be removed from the facility for disposal or recycling from the facility during the quarter or disposed of in a solid waste handling facility approved to accept scrap tires.(ix) Communication equipment shall be maintained at the scrap tire sorter facility to ensure that the facility attendant or operator can contact local emergency response authorities in the event of a fire. The facility will notify the Division within 24 hours in the event of a fire requiring a response by the local fire jurisdiction.(x) The emergency/contingency portion of the operations plan shall include, but not be limited to: (I) A list of names and numbers of persons to be contacted in the event of a fire, flood or other emergency.(II) A list of the emergency response equipment at the facility, its location and how it should be used in the event of a fire or other emergency.(III) A description of the procedures that should be followed in the event of a fire, including procedures to contain and dispose of the oily material generated by the combustion of large numbers of tires.(xi) Facility shall have storm water control measures.(xii) Facility shall have erosion and sediment control measures.6. Sorters must meet the following recordkeeping and reporting requirements.(i) The owner or operator of a scrap tire sorter facility shall retain required records for three years and make such records available for inspection by the Division. Required records include, but are not limited to: (I) Copies of the tire manifests for all tires received.(II) If more than ten scrap tires were delivered by a person who is not a permitted tire carrier or generator, the number or weight of tires delivered, the date and the person's name, address, telephone number and signature.(III) For all scrap tires shipped for reuse or retreading, the quantity and type (passenger car, truck tires, off the road, or others) shipped and the name and location of the person receiving the tires.(IV) For all sorter scrap tires, invoices and shipping tickets identifying the date, weight, name, address and phone number of the point of final disposition.(ii) Owners and operators of scrap tire sorter facilities shall submit a quarterly report to the Division. The quarterly report shall be submitted on the 30th day of April, July, October and January. The report shall include, but not be limited to, the following: (I) The facility name, address and permit number.(II) The calendar quarter and year covered by the report.(III) The number or tons of scrap tires received at the facility during the period covered by the report.(IV) The number or tons of scrap tires shipped from the facility during the period covered by the report.(V) The number or tons of scrap tires remaining on site.(iii) Municipalities operating sorter facilities for the purpose of collection are exempt from the reporting and recordkeeping requirements contained in 391-3-4-.19(7)(b)6(ii).7. Sorters must meet the following requirements for the closure of scrap tire sorter facilities. (i) The owner or operator shall provide procedures in the operations plan for closing the facility, including, but not limited to:(I) Notification to the Division of intent to close 30 days prior to the scheduled date for closing.(II) Closure activities and schedule for completion.(III) Control of access to the site.(IV) Notification to the Division when all closure activities are completed.(c) Disposal Operations: All solid waste disposal facilities (landfills and thermal treatment technology facilities) having a valid Solid Waste Handling Permit issued by the Director are approved to receive scrap tires except as provided in O.C.G.A. 12-8-40.1(b).(8) Recycling and Beneficial Reuse of Scrap Tires.(a) For the purposes of this Rule, the following criteria will be used to determine if scrap tires are being recycled: 1. The scrap tires or processed scrap tires must have a known use, reuse or recycling potential; must be feasibly used, reused or recycled; and must have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.2. Scrap tires or processed scrap tires are not accumulated speculatively if the person accumulating them can show there is a known use, reuse, or recycling potential for them; that they can be feasibly sold, used, reused or recycled; and during the preceding 90 days, the amount of scrap or processed scrap tires recycled, sold, used or reused equals at least 75 percent by weight or volume of the tires received during the 90-day period.3. Proof of recycling, sale, use, or reuse shall be provided in the form of bills of sale, or other records showing adequate proof of movement of the scrap tires in question to a recognized recycling facility or for proper use or reuse from the accumulation point. Proof must be provided that there is a known market or disposition for the scrap tires or processed scrap tires and must show that they have the necessary equipment to do so, prior to receiving scrap tires for processing.4. A scrap tire is "sold" if the generator of the scrap tire or the person who processed the scrap tire received consideration or compensation for the material because of its inherent value.5. A scrap tire is "used, reused, or recycled" if it is either: (i) Employed as an ingredient (including use as an intermediate) in a process to make a product (e.g., utilizing crumb rubber to make rubber-asphalt); or(ii) Employed in a particular function or application as an effective substitute for a commercial product (e.g., using shredded tires as a substitute for fuel oil, natural gas, coal, or wood in a boiler or industrial furnace), as long as such substitution does not pose a threat to human health or the environment, and so long as the facility is not a solid waste thermal treatment technology facility or utilizing shredded tires as a soil amendment, aggregate, etc., or(iii) Reused for its original intended purpose as a used tire, or reused for other purposes approved by the Division, such as playground equipment, erosion control, etc.(b) Persons proposing to use more than 25 scrap tires in a beneficial reuse project shall submit a proposal and be approved by the Division prior to commencing beneficial reuse project.(9) Used Tire Dealers. (a) Any person who acts as a used tire dealer in this state shall have a used tire dealer identification (ID) number issued by the Division, which shall be used on tire manifests. A separate ID number shall be required for each business location, except mobile locations.(b) Used tire dealers shall obtain a tire carrier permit for transportation of used tires other than their own.(c) Used tire dealers transporting tires other than their own shall initiate a tire manifest to track used tires from the point of generation to another location. The following information shall be provided on the tire manifest: 1. Name, address, county, telephone number and used tire dealer ID number;2. The number of used tires to be transported;3. Signature of the generator and the date the used tires were picked up;4. Name, address, telephone number and permit number of the tire carrier;5. Signature of the tire carrier, the date of pickup from the generator and the date of delivery to final location;6. Name, address, telephone number and permit number of business location receiving the used tires;7. Signature of authorized representative at the business received from the tire carrier.(d) Used tire dealers shall keep an inventory of all used tires to be updated quarterly. Such inventory shall contain, at a minimum, number of tires at the business location categorized by rim size.(e) Used tire dealers shall implement suitable measures to control vectors.Ga. Comp. R. & Regs. R. 391-3-4-.19
O.C.G.A. § 12-8-20et seq.
Original Rule entitled "Enforcement" was F. Jun. 9, 1989; eff. Jun. 29, 1989.Amended: F. Sept. 4, 1991; eff. Sept. 24, 1991.Repealed: New Rule entitled "Scrap Tire Management" adopted. F. Dec. 17, 1992; eff. Jan. 6, 1993.Amended: F. Jun. 7, 1993; eff. Jun. 27, 1993.Amended: New title "Scrap and Used Tire Management." F. Oct. 8, 2015; eff. Oct. 28, 2015.Amended: F. Mar. 8, 2018; eff. Mar. 28, 2018.Amended: F. June 10, 2021; eff. June 30, 2021.Amended: F. Jan. 3, 2024; eff. Jan. 23, 2024.