Section 3745-580-205 - Exclusions from the requirement to obtain a scrap tire collection facility registration certificate(A) The owner or operator of the following are excluded from the requirement to obtain a registration certificate: (1) A premises where tires are sold at retail where no more than one thousand scrap tires are present at any time in an unsecured, uncovered, outdoor location. [Comment: The owner or operator of a premises where tires are sold at retail does not need to register as a scrap tire collection facility if all scrap tires are secured in a building or a covered, enclosed container, trailer, or installation.]
(2) The premises of a tire retreading business, tire manufacturing finishing center, or tire adjustment center on which is located a single, covered scrap tire storage area where no more than four thousand scrap tires are stored.(3) The premises of a motor vehicle salvage dealer licensed under Chapter 4738. of the Revised Code on which is located a single scrap tire storage area that occupies not more than twenty-five hundred square feet and is no more than eight feet high.(4) A registered scrap tire transporter that collects and holds scrap tires in a covered trailer or vehicle for not longer than thirty days prior to transporting the scrap tires to their final destination.(5) A political subdivision or any state agency that conducts a roadside or public property litter cleanup operation or a community sponsored tire collection event and complies with the following: (a) Stores scrap tires in accordance with either of the following: (i) For not more than thirty days prior to delivery to a registered scrap tire transporter or licensed scrap tire facility.(ii) For not more than one year if the political subdivision or state agency stores fewer than one thousand scrap tires inside a building, enclosed trailer, or covered roll-off container and the tires are dry or treated with a mosquito pesticide.(b) The community sponsored tire collection event is a not-for-profit event.(c) The cost to drop-off the tires is either free or a minimal fee is charged to cover costs of collection, transportation, and disposal or recycling.(d) This exclusion does not apply to drop off locations that operate year-round.(6) A solid waste transfer facility licensed and permitted pursuant to Chapter 3734. of the Revised Code where all scrap tires, which have been pulled from loads of solid waste or delivered in a single load of ten or less scrap tires, are stored in portable enclosed containers and the aggregate volume does not exceed five thousand cubic feet prior to their transfer to any of the locations listed in paragraph (A)(1) of rule 3745-580-110 of the Administrative Code.(7) A solid waste disposal facility, solid waste incinerator, or solid waste energy recovery facility licensed and permitted pursuant to Chapter 3734. of the Revised Code that stores scrap tires pulled from loads of solid waste or delivered in a single load of ten or less scrap tires, are stored in portable enclosed containers, and the aggregate volume does not exceed five thousand cubic feet prior to their transfer to any of the locations listed in paragraph (A)(1) of rule 3745-580-110 of the Administrative Code.(8) A construction and demolition debris facility licensed pursuant to Chapter 3745-501 of the Administrative Code where all scrap tires, which have been pulled from loads of construction and demolition debris or delivered in a single load of ten or less scrap tires, are stored in portable enclosed containers and the aggregate volume does not exceed five thousand cubic feet prior to their transfer to any of the locations listed in paragraph (A)(1) of rule 3745-580-110 of the Administrative Code.(9) A construction and demolition debris processing facility licensed pursuant to Chapter 3745-501 of the Administrative Code and permitted pursuant to Chapter 3745-400 of the Administrative Code where all scrap tires, which have been pulled from loads of construction and demolition debris or delivered in a single load of ten or less scrap tires, are stored in portable enclosed containers and the aggregate volume does not exceed five thousand cubic feet prior to their transfer to any of the locations listed in paragraph (A)(1) of rule 3745-580-110 of Administrative Code.(10) A premises where scrap tires are authorized for beneficial use.(B) The owner or operator of an excluded facility may only use one of the exclusions from the scrap tire facility permitting or registration requirements specified in rule 3745-580-205, 3745-580-305, or 3745-580-405 of the Administrative Code.(C) Unless otherwise specified in the authorizing document, the owner or operator of a facility or a property owner meeting an exclusion specified in paragraphs (A)(6) to (A)(10) of this rule shall store scrap tires in accordance with the following: (1) For a facility that meets the exclusions identified in paragraphs (A)(6) to (A)(9) of this rule, in compliance with paragraphs (C) to (F) of rule 3745-580-210 of the Administrative Code.(2) For a scrap tire beneficial use that meets the exclusion identified in paragraph (A)(10) of this rule, in compliance with paragraph (B) of rule 3745-580-810 of the Administrative Code. [Comment: An operation that meets an exclusion specified in paragraphs (A)(1) to (A)(3) of this rule is subject to the mosquito control and storage requirements specified in rule 3745-580-05 of the Administrative Code.]
Replaces: 3745-27-61
Ohio Admin. Code 3745-580-205
Effective: 6/30/2023
Five Year Review (FYR) Dates: 06/30/2028
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.70
Rule Amplifies: 3734.02, 3734.12, 3734.70, 3734.75
Prior Effective Dates: 03/01/1996, 03/29/2002, 11/01/2007