Applicability: The purpose of OAR 340-096-0210 through 340-096-0240 is to prescribe requirements, limitations and procedures for storage, collection, and disposal of waste tires. Active waste tire storage permits, beneficial use waste tire storage permits and combined tire carrier/storage permits in operation upon the effective date of these rules will remain in effect and remain enforceable until the Department issues new permits under these rules.
(1) Except as provided by OAR 340-096-0210(2), no person shall establish, operate, maintain or expand a waste tire storage site until the person owning or controlling the waste tire storage site obtains a permit.(2) Persons owning or controlling the following are exempted from the application and permit requirements of OAR 340-093-0070 unless the Department determines the waste tire storage site may adversely affect human health or the environment: (a) A person who stores not more than 100 waste tires;(b) A person who stores not more than 200 cubic yards of tire-derived materials;(c) A tire retailer who stores not more than 1,500 waste tires for each retail business location;(d) A tire retreader who stores not more than 3,000 waste tires for each individual retread operation so long as the waste tires are of the type the retreader is actively retreading;(e) Storage of tire-derived materials packaged in closed plastic bags;(f) Landfills, material recovery facilities, transfer stations and other Department-permitted solid waste disposal sites storing more than 100 waste tires, as long as the Department approved plans and specifications in the permit describe compliance with waste tire storage standards in OAR 340-096-0230;(g) Using and storing waste tires as a ballast to maintain covers on agricultural materials or at a construction site.(3) All waste tire storage sites shall comply with technical and operational standards in OAR 340-096-0230.(4) All waste tire storage sites shall maintain financial assurance as required by ORS 459.720 in amounts determined by the Department.(5) All waste tire storage sites shall comply with compliance requirements in OAR 340-096-0240.Or. Admin. Code § 340-096-0210
DEQ 11-2023, adopt filed 07/21/2023, effective 7/21/2023Statutory/Other Authority: ORS 459.785
Statutes/Other Implemented: ORS 459.710, 459.712, 459.715, 459.720, 459.775, 459.780, 459.705, 459.708 & 457.715