Md. Code Regs. 26.04.08.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 26.04.08.04 - Scrap Tire Licenses

A. Scrap Tire Hauler License Requirements.

(1) The requirements applicable to scrap tire haulers are as follows:

(a) Beginning on July 1, 1992, a scrap tire hauler is required to have a license issued by the Department to transport scrap tires; and

(b) Beginning on July 1, 1992, a licensed scrap tire hauler shall transport scrap tires in accordance with these regulations.

(2) Those transporting not more than five scrap tires annually are exempt from the requirement to obtain a scrap tire hauler license.

B. Scrap Tire Collection Facility License Requirements.

(1) The requirements applicable to scrap tire collection facilities are as follows:

(a) Beginning on July 1, 1992, each scrap tire collection facility located in the State is required to have a license issued by the Department to:

(i) Receive scrap tires from a consumer or a scrap tire hauler; and

(ii) By means of a scrap tire hauler, transfer scrap tires to a scrap tire recycler, another scrap tire collection facility, or an approved facility;

(b) Beginning on July 1, 1992, each scrap tire collection facility included in the scrap tire recycling system shall meet all zoning and land use requirements of the county or municipal corporation in which the scrap tire collection facility is to be located; and

(c) The Department may waive any of the requirements of this section for a scrap tire collection facility that:

(i) Was in existence on or before July 1, 1992; and

(ii) Is under a closure schedule approved by the Department.

(2) Beginning on July 1, 1992, a general scrap tire collection facility shall be considered licensed by the Department if:

(a) A registration form is on file with the Department;

(b) The scrap tire collection facility operates under the conditions specified in Regulation .10B(6) and (9)-(11) of this chapter; and

(c) The scrap tire collection facility is operated in a manner that does not:

(i) Create a nuisance;

(ii) Contribute to insect and rodent infestation;

(iii) Cause the discharge of any constituents derived from scrap tires into the air unless otherwise permitted by the Department;

(iv) Cause a discharge of any constituents derived from scrap tires into waters of this State unless otherwise permitted by the Department;

(v) Impair the quality of the environment;

(vi) Create other hazards to the public health, safety, or comfort;

(vii) Result in the transfer of scrap tires by means other than a scrap tire hauler; or

(viii) Result in the transfer of scrap tires to any place other than a primary or secondary scrap tire collection facility, a scrap tire recycler, or an approved facility.

(3) Beginning on July 1, 1992, a secondary scrap tire collection facility is required to have a license issued by the Department. All scrap tires received at the facility shall be transferred by means of a scrap tire hauler only to primary or secondary scrap tire collection facilities, a scrap tire recycler, or an approved facility.

(4) Beginning on July 1, 1992, a primary scrap tire collection facility is required to have a license issued by the Department. All scrap tires received at the facility shall be transferred by means of a scrap tire hauler only to other primary scrap tire collection facilities, scrap tire recyclers, or an approved facility.

(5) The owner of a primary or secondary scrap tire collection facility, that does not seek a scrap tire collection facility license or whose application for a license is denied, shall close the facility on or before July 1, 1992 in compliance with Regulation .19 of this chapter.

(6) A retread facility that returns used tire casings to the customer of origin is not a scrap tire collection facility or a scrap tire recycler.

C. Scrap Tire Recycler License Requirements.

(1) Beginning on July 1, 1992, each scrap tire recycler in the State is required to have a license issued by the Department to process scrap tires to a form of raw materials or products which may be returned to the marketplace.

(2) The owner of a scrap tire recycling facility, that does not seek a scrap tire recycler license or whose application for a license is denied, shall close the facility on or before July 1, 1992 in compliance with Regulation .19 of this chapter.

Md. Code Regs. 26.04.08.04