Current through December 10, 2024
Rule 11-4-4.3 - Waste Tire Collection SitesA.(1) A person must obtain written authorization from the Department to operate a waste tire collection site. The person normally required to obtain authorization shall be the owner or leasee of the operation. In order to obtain authorization, a person must complete an application supplied by the Department, and comply with the applicable requirements and regulations.(2) In certain instances, the Permit Board may require that a permit be obtained to operate a waste tire collection site. In determining whether a permit should be required, the Permit Board shall consider the quantity of waste tires to be stored on site, the location of the site, and any other relevant factors which would warrant special concern. Where a permit is required, the same application shall be completed and the same process followed as required in Rule 4.3(A)(1), although the Department may require additional information as part of the application.(3) Persons operating waste tire collection sites which are not an integral part of a waste tire processing facility may obtain authorization or a permit only if the applicant is able to demonstrate with an executed contract or other document that each waste tire collected on site will be processed or removed within a reasonable time frame not to exceed 90 days.B. A person operating a waste tire collection site in which waste tires are stored indoors shall comply with the following technical and operational standards:(1) Each waste tire storage pile shall have no greater dimensions than 25 feet wide and 50 feet long.(2) Storage clearance in all directions from roof structures shall not be less than 3 feet.(3) The width of main aisles between piles shall be not less than 8 feet.(4) Depending upon the number of tires to be stored at a facility and the location of the facility, an automatic sprinkler system may be required.(5) Storage clearance from the top of storage to sprinkler deflectors shall not be less than 3 feet.(6) Tires shall be stored clear of all blower and exhaust ducts.(7) Storage clearance from unit heaters, radiant spaceheaters, duct furnaces, and flues shall not be less than 3 feet in all directions.(8) Clearance shall be maintained to lights or light fixtures to prevent possible ignition.(9) Clearance shall be maintained to all entrance ways, exits, and fire doors.(10) The person operating the site shall control mosquitos and rodents so as to protect the public health and welfare and to prevent public nuisances. These actions may include periodic application of an approved mosquito controllant to the waste tire storage pile, the frequency of which should increase during warm/wet weather periods of the year.C. A person operating a waste tire collection site in which waste tires are stored outdoors must comply with the following technical and operational standards: (1) Each waste tire storage pile shall have no greater dimensions than 15 feet high, 50 feet wide, and 100 feet long.(2) A minimum separation distance of 50 feet shall be maintained between waste tire storage piles as a fire lane. Access to the fire lane for emergency vehicles must be unobstructed at all times.(3) The site shall be kept free of grass, underbrush, and other potentially flammable vegetation at all times.(4) The person operating the site shall control mosquitos and rodents so as to protect the public health and welfare. These actions may include periodic application of an approved mosquito controllant to the waste tire stockpile, the frequency of which should increase during warm/wet weather periods of the year.(5) Waste tire storage piles should generally be kept at least 50 feet from the adjacent property line. However, an alternate separation distance may be approved by the Department contingent upon such factors as date of facility establishment, quantity of waste tires stored, nature of business operations,(6) surrounding property use, and other factors.(7) Access to the site shall be controlled through the use of fences gates, natural barriers or other means.D. A person may receive approval to operate a waste tire collection site in which waste tires are stored in trailers, vans, or other mobile storage facilities.E. The Department shall establish the maximum storage capacity of waste tire collection sites on a site specific basis. A site shall normally not store more than 5,000 tires at any time. However, the waste tire storage limit may also be affected by such site specific conditions as the amount of storage area available, local laws or ordinances, the general land use of the surrounding properties and other pertinent factors. The Department may consider requests for approval of storage limits in excess of 5,000, provided that the person operating the site can adequately demonstrate that such an increase will not result in problems of mosquito breeding, harborage of rodents, potential fire hazards or compliance problems.F. Persons who operate waste tire collection sites at which reusable tires are separated from waste tires for processing or resale for their original intended purpose shall store the reusable tires in a manner consistent with Rules 4.3(B) and 3(C) of these requirements. Furthermore, such tires shall be removed from the collection site on a frequency sufficient to prevent problems of mosquito breeding, harborage of rodents, potential fire hazards or compliance problems.G. All waste tires shall either be processed or removed from the site within a reasonable time frame not to exceed 90 days. The Department may approve an alternate storage duration contingent upon the quantity of waste tires stored and other operating conditions of the facility.H. If the waste tire collection site receives tires from persons other than the operator of the site, a sign shall be posted at the entrance of the site stating operating hours. An attendant shall be present at the site at all operating hours of the facility.I. Fire protection services for the waste tire collection site shall be assured through notification of local fire protection authorities and compliance with any local fire codes or ordinances.J. In the event that a fire should occur at the site, the person operating the site shall initiate immediate action to extinguish the fire and to limit the off-site impact of said fire and shall notify the Department as soon as possible.K. A person operating a waste tire collection site shall comply with the transportation and certification requirements of the Waste Tire Transportation Regulations as adopted by the Commission.L. A person operating a waste tire collection site shall maintain the following records for a minimum of three years after the date of removal of the tires: (1) for waste tire loads of five (5) or more received at the site, the name and waste tire hauler identification number of the hauler who delivered the waste tires to the facility and the quantity of waste tires received from that hauler; or the name, address, and telephone number of the waste tire transporter and the quantity of tires received from that transporter;(2) for waste tire loads of five (5) or more shipped from the site, the name and waste tire hauler identification number of the hauler who transported the tires from the site and the quantity of waste tires shipped with that hauler; or the name, address, and telephone number of the waste tire transporter and the quantity of tires shipped with that transporter;(3) for waste tire loads of five (5) or less received or shipped from the site, the total monthly quantity of waste tires received and the total monthly quantity of waste tires shipped for all transporters; and(4) where applicable, the quantity of reusable tires separated from incoming loads at the site and the retreading/resale facility to which they are shipped.M. A person operating a waste tire collection site which receives tires from persons other than the operator shall submit a monthly report on forms provided by the Department, detailing the information required by Rule 4.3(L) as well as other activities at the collection site. This monthly report shall be submitted to the Department before the 15th of the following month. The Department may waive this requirement for small local government waste tire collection sites.N. As a part of the application for an operating permit required pursuant to Rule 4.3(A), the applicant shall submit a closure plan which includes: (1) a description of how and when the area will be closed;(2) the method of final disposition of any waste tires remaining on the site at the time notice of closure is given to the Department.(3) Proof of financial responsibility pursuant to Rule 4.6 of these regulations.O. A person operating a waste tire collection site shall implement the closure plan required pursuant to Rule 4.3(N) and shall take the following actions to ensure that the site is properly closed upon cessation of operations:(1) notify the Department at least ninety (90) days prior to the date of expected closure.(2) take action to prevent public access to the site;(3) post a notice at the site indicating that the site is closed;(4) take action to ensure that all tires at the site have been properly processed, disposed, or otherwise managed;(5) take other appropriate remediation action at the site if deemed necessary by the Department; and(6) notify the Department upon completion of the closure activity.P. No waste tires may be received by the waste tire collection site after the date of closure.Miss. Code Ann. §§ 17-17-1, et seq., 17-17-201, et seq., 17-17-401 et seq., 49-2-9(1)(b), 49-17-17(i), 49-17-1, et seq., and 49-2-1, et seq.