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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 64

WASTE TIRE PROGRAM: WASTE TIRE STORAGE SITE AND WASTE TIRE CARRIER PERMITS

 340-064-0005

Purpose

The purpose of these rules is to prescribe requirements, limitations and procedures for storage, collection, transportation, and disposal of waste tires; and to prescribe procedures for using the Waste Tire Recycling Account to reimburse users of waste tires, and to clean up tire piles.

Stat. Auth.: ORS 459.770 & ORS 459.785 
Stats. Implemented: ORS 459.710, ORS 459.712, ORS 459.715, ORS 459.720, ORS 459.775 & ORS 459.780 
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 3-1990, f. & cert. ef. 1-24-90

 

340-064-0010

Definitions

As used in these rules unless otherwise specified:

(1) "Abatement" means the processing or removing to an approved storage site of waste tires which are creating a danger or nuisance, following a legal nuisance abatement procedure.

(2) "Beneficial Use" means storage of waste tires in a way that creates an on-site economic benefit, other than from processing or recycling, to the owner of the tires, such as in using the tires for raised-bed planters.

(3) "Buffings" means a product of mechanically scarifying a tire surface, removing all trace of the surface tread, to prepare the casing to be retreaded.

(4) "Commission" means the Environmental Quality Commission.

(5) "Common Carrier" means any person who transports persons or property for hire or who publicly purports to be willing to transport persons or property for hire by motor vehicle; or any person who leases, rents, or otherwise provides a motor vehicle to the public and who in connection therewith in the regular course of business provides, procures, or arranges for, directly, indirectly, or by course of dealing, a driver or operator therefor.

(6) "Danger" or "Nuisance" includes but is not limited to the unpermitted storage of waste tires or waste tire materials, or the storage of waste tires or waste tire materials in a manner that does not comply with a condition of a permittee's waste tire storage permit.

(7) "Department" means the Department of Environmental Quality.

(8) "Director" means the Director of the Department of Environmental Quality.

(9) "Dispose" means to deposit, dump, spill or place any waste tire on any land or into any water as defined by ORS 468.700.

(10) "DMV" means Oregon Department of Motor Vehicles.

(11) "End User":

(a) For energy recovery: the person who utilizes the heat content or other forms of energy from the incineration or pyrolysis of waste tires, chips or similar materials;

(b) For other eligible uses of waste tires: the last person who uses the tires, chips, or similar materials to make a product with economic value. If the waste is processed by more than one person in becoming a product, the "end user" is the last person to use the tire as a tire, as tire chips, or as similar materials. A person who produces tire chips or similar materials and gives or sells them to another person to use is not an end user;

(c) For paving projects: either the paving contractor laying the paving, or the person for whom the paving is done, depending on the agreement between the paving contractor and the person for whom the paving is done.

(12) "Energy Recovery" means recovery in which all or a part of the waste tire is processed to utilize the heat content, or other forms of energy, of or from the waste tire.

(13) "Financial Assurance" means a performance bond, letter of credit, cash deposit, insurance policy or other instrument acceptable to the Department.

(14) "Land Disposal Site" means a disposal site in which the method of disposing of solid waste is by landfill, dump, pit, pond or lagoon.

(15) "Negotiated Settlement" means a stipulation, agreed settlement or consent order allowing removal of waste tires.

(16) "Nonocean Waters" means fresh waters, tidal and nontidal bays and estuaries as defined in ORS 541.605.

(17) "Passenger Tire" means a tire with less than an 18-inch rim diameter.

(18) "Passenger Tire Equivalent" means a measure of mixed passenger and truck tires, where five passenger tires are considered to equal one truck tire.

(19) "Person" means the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity.

(20) "Private Carrier" means any person who receives or generates waste tires and who operates a motor vehicle over the public highways of this state for the purpose of transporting persons or property when the transportation is incidental to a primary business enterprise, other than transportation, in which such person is engaged. Notwithstanding subsection (26)(f) of this rule, "private carrier" does not include a person whose primary tire business is selling, collecting, sorting or transporting used or waste tires.

(21) "PUC" means the Public Utility Commission of Oregon.

(22) "Recycle" or "Recycling" means any process by which solid waste materials are transformed into new products in such a manner that the original products may lose their identity.

(23) "Retreadable Casing" means a waste tire suitable for retreading.

(24) "Rick" means to horizontally stack tires securely by overlapping so that the center of a tire fits over the edge of the tire below it.

(25) "Store" or "Storage" means to accumulate waste tires above ground, or to own or control property on which there are waste tires above ground. "Storage" includes the beneficial use of waste tires as fences and other uses with similar potential for causing environmental risks. "Storage" does not include the use of waste tires as a ballast to maintain covers on agricultural materials or at a construction site or a beneficial use such as planters except when the Department determines such uses create environmental risks.

(26) "Tire" means a continuous solid or pneumatic rubber covering encircling the wheel of a vehicle in which a person or property is transported, or by which they may be drawn, on a highway. "Tire" does not include tires from vehicles not driven on highways, including bulldozers, mobile cranes, road graders, loaders, rotary snow plows, road rollers and road sanders. Except for the purposes of waste tire removal under OAR 340-064-0150 through 340-064-0170, and for the purposes of disposal under OAR 340-064-0052, "tire" does not include tires from the following:

(a) A device moved only by human power;

(b) A device used only upon fixed rails or tracks;

(c) A motorcycle;

(d) An all-terrain vehicle, including but not limited to, three-wheel and four-wheel ATVs, dune buggies and other similar vehicles. All-terrain vehicles do not include jeeps, pick-ups and other four-wheel drive vehicles that may be registered, licensed and driven on public roads in Oregon;

(e) A device used only for farming, except a farm truck;

(f) A retreadable casing while under the control of a tire retreader or while being delivered to a tire retreader.

(27) "Tire Carrier" means a person who picks up or transports waste tires for the purpose of storage, removal to a processor or disposal. "Tire carrier" does not include the following:

(a) Solid waste collectors operating under a license or franchise from a local government unit;

(b) Persons who transport fewer than five tires for disposal;

(c) Private individuals or private carriers who transport the person's own waste tires to a processor or for proper disposal;

(d) The United States, the State of Oregon, any county, city, town or municipality in this state, or any agency of the United States, the State of Oregon or a county, city, town or municipality of this state.

(28) "Tire Processor" means a person engaged in the processing of waste tires.

(29) "Tire Retailer" means a person actively engaged in the business of selling new replacement tires at retail, whose local business license or permit (if required) specifically allows such sale. To be "actively" engaged in selling new tires, the person must demonstrate to the Department's satisfaction that new replacement tires have been sold in the preceding calendar quarter.

(30) "Tire Retreader" means a person actively engaged in the business of retreading waste tires by scarifying the surface to remove the old surface tread and attaching a new tread to make a usable tire for sale to the public.

(31) "Tire-Derived Products" means tire chips or other materials produced from the physical processing of a waste tire.

(32) "Truck Tire" means a tire with a rim diameter of between 18 and 24.5 inches.

(33) "Waste Tire" means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect, and is fit only for:

(a) Remanufacture into something else, including a retreaded tire; or

(b) Some other use which differs substantially from its original use.

(34) "Waste Tires Generated in Oregon" means Oregon is the place at which the tire first becomes a waste tire. A tire casing imported into Oregon for potential retreading, but which proves unusable for that purpose, is not a waste tire generated in Oregon. Examples of waste tires generated in Oregon include but are not limited to:

(a) Tires accepted by an Oregon tire retailer in exchange for new replacement tires;

(b) Tires removed from a junked auto at an auto wrecking yard in Oregon.

(35) "Wrecking Business" means a business operating according to a certificate issued under ORS 822.110.

Stat. Auth.: ORS 459.770, ORS 459.775, ORS 459.780 & ORS 459.785 
Stats. Implemented: ORS 459.705 
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 28-1988, f. & cert. ef. 11-8-88; DEQ 7-1989, f. & cert. ef. 4-24-89; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 41-1990, f. & cert. ef. 11-15-90; DEQ 26-1991, f. & cert. ef. 11-14-91

 

340-064-0015

Waste Tire Storage Permit Required

(1) Except as provided by section (2) of this rule, 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 or permit modification/addendum therefor from the Department.

(2) Persons owning or controlling the following are exempted from the above requirement to obtain a waste tire storage permit, but shall comply with all other regulations regarding waste tire management and solid waste disposal:

(a) A person who stores fewer than 100 waste tires;

(b) A person who stores fewer than 200 cubic yards of tire-derived products;

(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) A wrecking business who stores not more than 1,500 waste tires for each retail business location;

(f) Storage of tire-derived products packaged in closed plastic bags.

(3) Piles of tire-derived products are not subject to regulation as a waste tire storage site if the site actively consumes the following minimum tons of tire-derived products annually:

(a) For cement kilns: 1,500 tons;

(b) For pulp and paper mills: 1,500 tons.

(4) Manufacturers must obtain a waste tire storage permit if they are storing the following levels of tire-derived products:

(a) For manufacturers actively consuming crumb rubber: 400 tons, or over 50 percent of the manufacturer's annual use of such materials;

(b) For manufacturers actively consuming other waste tire shreds or pieces: 100 tons or over 50 percent of the manufacturer's annual use of such materials.

(5) The Department may exempt a site owned by a federal, state or local government unit from the requirement to obtain a waste tire storage permit for tire-derived products if the following conditions are met:

(a) The government unit wants to store tire-derived products for use in fulfilling an existing contract, and requests an exemption from the Department for the waste tire storage permit requirement;

(b) The quantity of tire-derived products to be stored does not exceed the estimated quantity specified in the contract plus ten percent to allow for changes or discrepancies;

(c) The length of time the tire-derived products are to be stored does not exceed six months; and

(d) The Department determines that such storage will not create an environmental risk.

(6) A permitted solid waste disposal site which stores more than 100 waste tires, is required to have a permit modification addressing the storage of tires from the Department.

(7) The Department may issue a waste tire storage permit in two stages to persons required to have such a permit by July 1, 1988. The two stages are a "first-stage" or limited duration permit, and a "second-stage" or regular permit.

(8) A person who wants to establish a new waste tire storage site shall apply to the Department at least 90 days before the planned date of facility construction. A person applying for a waste tire storage permit on or after September 1, 1988 shall apply for a "second-stage" or regular permit.

(9) A person who is using or wants to use over 100 waste tires for a beneficial use must request the Department to determine whether that use constitutes "storage" pursuant to OAR 340-064-0010(25), and is thus subject to the waste tire storage site permit requirement. The Department may recommend remedial actions which, if implemented, will eliminate any environmental risk which would otherwise be caused by a beneficial use of waste tires.

(10) Use of waste tires which is regulated under ORS 468B.070 or 196.800 through 196.905 and for which a permit has been acquired is not subject to additional regulation under OAR Chapter 340, Division 64.

(11) Failure to conduct storage of waste tires according to the conditions, limitations, or terms of a permit or these rules, or failure to obtain a permit is a violation of these rules and shall be subject to civil penalties as provided in OAR Chapter 340, Division 12 or to any other enforcement action provided by law. Each day that a violation occurs is a separate violation and may be the subject of separate penalties.

(12) No person shall advertise or represent himself/herself as being in the business of accepting waste tires for storage without first obtaining a waste tire storage permit from the Department.

(13) Failure to apply for or to obtain a waste tire storage permit, or failure to meet the conditions of such permit constitutes a nuisance.

Stat. Auth.: ORS 459.770 & 459.785
Stats. Implemented: ORS 459.705, 459.708, 459.710 & 457.715
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 7-1989, f. & cert. ef. 4-24-89; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 26-1991, f. & cert. ef. 11-14-91; DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 7-2013, f. & cert. ef. 8-29-13

 

340-064-0018

"First-Stage" or Limited Duration Permit

(1) An application for a "first-stage" permit shall include such information as required by the Department, including but not limited to:

(a) A management plan for the operation of the site, including:

(A) The person to be responsible for the operation of the site;

(B) The proposed method of tire disposal; and

(C) The proposed emergency measures to be provided at the site, together with the name and phone number of the appropriate fire district.

(b) A description of the facilities on the site and how many tires are to be stored;

(c) The location of the site, including legal description; and

(d) The name and address of all tire carriers that the applicant has on record who have deposited waste tires at the site during the past 12 months.

(2) A "first-stage" permit shall be valid for a period not to exceed six months, or until December 31, 1988, whichever comes first.

(3) No later than September 1, 1988, a holder of a "first-stage" permit shall either:

(a) Inform the Department in writing that the "first-stage" permit holder will remove all waste tires from the site and properly dispose of them before the expiration of the "first-stage" permit; or

(b) Apply for a "second-stage" or regular waste tire storage permit pursuant to OAR 340-064-0020.

Stat. Auth.: ORS 459 
Stats. Implemented: ORS 459.720, ORS 459.725 & ORS 459.730 
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88

 

340-064-0020

"Second-Stage" or Regular Permit

(1) An application for a "second-stage" or regular waste tire storage permit shall:

(a) Include such information as shall be required by the Department, including but not limited to:

(A) A description of the need for the waste tire storage site;

(B) The zoning designation of the site, and a written statement of compatibility of the proposed waste tire storage site with the acknowledged local comprehensive plan and zoning requirements from the local government unit(s) having jurisdiction;

(C) A description of the land uses within a one-quarter mile radius of the facility, identifying any buildings and surface waters;

(D) A management program for operation of the site, which includes but is not limited to:

(i) Anticipated maximum number of passenger and/or truck tires and/or tire-derived products to be stored at the site for any given one year period;

(ii) Present and proposed method of disposal, and timetable;

(iii) How the facility will meet the technical tire storage standards in OAR 340-064-0035 for both tires and tire-derived products currently stored on the site, and tires and tire-derived products to be accepted;

(iv) How the applicant proposes to control mosquitoes and rodents, considering the likelihood of the site becoming a public nuisance or health hazard, proximity to residential areas, etc.

(E) A proposed contingency plan to minimize damage from fire or other accidental or intentional emergencies at the site. It shall include but not be limited to procedures to be followed by facility personnel, including measures to be taken to minimize the occurrence or spread of fires and explosions;

(F) The following maps:

(i) A site location map showing section, township, range and site boundaries;

(ii) A site layout drawing, showing size and location of all pertinent man-made and natural features of the site (including roads, fire lanes, ditches, berms, waste tire storage areas, structures, wetlands, floodways and surface waters);

(iii) A topographic map using a scale of no less than one inch equals 200 feet, with 40 foot intervals on 7.5 minute series.

(b) Submit proof that the applicant holds financial assurance acceptable to the Department in an amount determined by the Department to be necessary for removal or processing of waste tires and tire-derived products, fire suppression or other measures to protect the environment and the health, safety and welfare, pursuant to OAR 340-064-0025 and 340-064-0035;

(c) Submit an application fee of $250 (or for applications for a waste tire storage permit to operate a site where tires will be stored as a beneficial use, an application fee of $100), and an annual compliance fee as listed in OAR 340-064-0025. Fifty dollars ($50) of the application fee shall be non-refundable. The rest of the application fee may be refunded in whole or in part when submitted with an application if either of the following conditions exists:

(A) The Department determines that no permit will be required;

(B) The applicant withdraws the application before the Department has granted or denied the application.

(d) Demonstrate that the applicant has long-term control of the site.

(2) A "second-stage" permit may be issued for up to five years. "Second-stage" storage permits and combined tire carrier/storage permits shall expire on January 1.

(3) The Department may waive any of the requirements in paragraph (1)(a)(C) (land use descriptions), (1)(a)(D) (manage-ment program), (1)(a)(E) (contingency plan), (1)(a)(F) (maps), subsection (1)(b) (financial assurance) or subsection (1)(d) (long-term control) of this rule for a waste tire storage site in existence on or before January 1, 1988, if it is determined by the Department that the site is not likely to create a public nuisance, health hazard, air or water pollution or other environmental problem, or if it is scheduled to be cleaned up within six months of issuance of the permit. This waiver shall be considered for storage sites which are no longer receiving additional tires, and are under a closure schedule approved by the Department. The site must still meet operational standards in OAR 340-064-0035.

(4) A permittee who wants to renew his/her "second-stage" storage permit or combined tire carrier/storage permit shall apply to the Department for permit renewal at least 90 days before the permit expiration date. The renewal shall include such information as required by the Department. It shall include a permit renewal fee of $125, or $50 in the case of a permittee storing tires as a beneficial use, and a written statement of compatibility of the beneficial use with the acknowledged local comprehensive plan and zoning requirements from the local government unit(s) having jurisdiction.

(5) A permittee may request from the Department a permit modification to modify its operations as allowed in an unexpired permit. A permit modification initiated by the permittee shall include a permit modification fee of $25.

(6) The fee to reinstate a waste tire storage permit or combined tire carrier/storage permit which has been revoked by the Department is $150. There is no fee to reinstate a waste tire storage permit or combined tire carrier/storage permit which has been suspended by the Department.

Stat. Auth.: ORS 459.770 & ORS 459.785 
Stats. Implemented: ORS 459.720, ORS 459.725 & ORS 459.730 
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 7-1989, f. & cert. ef. 4-24-89; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 26-1991, f. & cert. ef. 11-14-91

 

340-064-0022

Financial Assurance

(1) The Department shall determine for each applicant the amount of financial assurance required under ORS 459.720(c) and OAR 340-064-0020(1)(b). The Department shall base the amount on the estimated cost of cleanup for the maximum number of waste passenger tire equivalents and/or tire-derived products allowed by the permit to be stored at the storage site or the estimated cost of fire suppression. The amount of financial assurance required for permittees storing waste tires as a beneficial use could be as low as $0 if the use meets applicable operational and storage standards in OAR 340-064-0035, and the Department determines that there will be no need to remove the tires. If the tire-derived products have a positive economic value and are actively being used or sold by the permittee, the Department may reduce or eliminate financial assurance for the tire-derived products.

(2) The Department will accept as financial assurance only those instruments listed in and complying with requirements in OAR 340-095-0095.

(3) The financial assurance shall be filed with the Department.

(4) The Department shall make any claim on the financial assurance within one year of any notice of proposed cancellation of the financial assurance.

Stat. Auth.: ORS 459.770 & 459.785
Stats. Implemented: ORS 459.720
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 7-1989, f. & cert. ef. 4-24-89; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 26-1991, f. & cert. ef. 11-14-91; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 7-2013, f. & cert. ef. 8-29-13

 

340-064-0025

Permittee Obligations

(1) Each person who is required by ORS 459.715 and 459.725, and OAR 340-064-0015 and 340-064-0055, to obtain a permit shall:

(a) Comply with the provisions of ORS 459.705 to 459.790, these rules and any other pertinent Department requirements;

(b) Inform the Department in writing within 30 days of company changes that affect the permit, such as business name change, address change of the permittee, change from individual to partnership and change in ownership;

(c) Allow to the Department, after reasonable notice, necessary access to the site and to its records, including those required by other public agencies, in order for the monitoring, inspection and surveillance program developed by the Department to operate.

(2) Each person who is required by ORS 459.715 and OAR 340-064-0015 to obtain a permit shall submit to the Department by February 1 of each year an annual compliance fee for the coming calendar year in the amount of $250, except that the holder of a waste tire storage permit allowing operation of the site as a beneficial use, shall submit an annual compliance fee in the amount of $50, effective February 1, 1989. The permittee shall submit evidence of required financial assurance when the annual compliance fee is submitted. For the first year's operation, the full annual compliance fee shall apply if the waste tire storage site permit is issued on or before October 1. Any new waste tire storage site issued a permit after October 1 shall not owe an annual compliance fee until February 1 of the following year.

(3) Each waste tire storage site permittee whose site accepts waste tires after the effective date of these rules shall also do the following as a condition to holding the permit:

(a) Maintain records on approximate numbers of waste tires received and shipped, and tire carriers transporting the tires so as to be able to fulfill the reporting requirements in subsection (3)(c) of this rule. The permittee shall issue written receipts upon receiving loads of waste tires. Quantities may be measured by aggregate loads or cubic yards, if the permittee documents the approximate number of tires included in each. These records shall be maintained for a minimum of five years, and shall be available for inspection by the Department after reasonable notice;

(b) Maintain a record of the name (and the carrier permit number, if applicable) of the tire carriers not exempted by OAR 340-064-0055(3) who deliver waste tires to the site and ship waste tires from the site, together with the quantity of waste tires shipped with those carriers;

(c) Submit a report containing the following information annually by February 1 of 1990 and each year thereafter:

(A) Number of waste tires received at the site during the year covered by the report;

(B) Number of waste tires shipped from the site during the year covered by the report;

(C) A list (and tire carrier permit number, if applicable) of the tire carriers not exempted by OAR 340-064-0055(3) delivering waste tires to the site and shipping waste tires from the site;

(D) The number of waste tires and amount of tire-derived products located at the site at the time of the report.

(d) Notify the Department within one month of the vehicle license plate number and name, if possible, of any unpermitted tire carrier (who is not exempt under OAR 340-064-0055(3)) who delivers waste tires to the site after January 1, 1989;

(e) If required by the Department, prepare for approval by the Department and then implement:

(A) A plan to remove some or all of the waste tires or tire-derived products stored at the site. The plan shall follow standards for site closure pursuant to OAR 340-064-0045. The plan may be phased in, with Department approval;

(B) A plan to process some or all of the waste tires stored at the site. The plan shall comply with ORS 459.705 through 459.790 and OAR 340-064-0035.

(f) Maintain the financial assurance required under OAR 340-064-0020(1)(b) and 340-064-0022;

(g) Maintain any other plans and exhibits pertaining to the site and its operation as determined by the Department to be reasonably necessary to protect the public health, welfare or safety or the environment.

Stat. Auth.: ORS 459.770 & ORS 459.785 
Stats. Implemented: ORS 459.705, ORS 459.710, ORS 459.720 & ORS 459.750 
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 7-1989, f. & cert. ef. 4-24-89; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 26-1991, f. & cert. ef. 11-14-91; DEQ 27-1998, f. & cert. ef. 11-13-98

 

340-064-0030

Department Review of Applications for Waste Tire Storage Sites

(1) Applications for waste tire storage permits shall be processed in accordance with the Procedures for Issuance, Denial, Modification and Revocation of Permits as set forth in OAR Chapter 340, Division 14, except as otherwise provided in OAR Chapter 340, Division 64.

(2) Applications for permits shall be complete only if they:

(a) Are submitted on forms provided by the Department, accompanied by all required exhibits, and the forms are completed in full and are signed by the applicant and the property owner or person in control of the premises;

(b) Include plans and specifications as required by OAR 340-064-0018 and 340-064-0020;

(c) Include the appropriate application fee pursuant to OAR 340-064-0020(1)(c).

(3) An application may be accepted as complete for processing if all required materials have been received with the exception of the financial assurance required under OAR 340-064-0020(1)(b) and 340-064-0022, and the written statement of compatibility of the proposed site with the acknowledged local comprehensive plan and zoning requirements from the local government unit(s) having jurisdiction. However, the Department shall not issue a "second-stage" waste tire storage permit unless required financial assurance and land use compatibility have been received.

(4) Following the submittal of a complete waste tire storage permit application, the director shall cause notice to be given in the county where the proposed site is located in a manner reasonably calculated to notify interested and affected persons of the permit application.

(5) The notice shall contain information regarding the location of the site and the type and amount of waste tires or tire-derived products intended for storage at the site. In addition, the notice shall give any person substantially affected by the proposed site an opportunity to comment on the permit application.

(6) The Department may conduct a public hearing in the county where a proposed waste tire storage site is located.

(7) Upon receipt of a completed application, the Department may deny the permit if:

(a) The application contains false information;

(b) The application was wrongfully accepted by the Department;

(c) The proposed waste tire storage site would not comply with these rules or the waste tire statutes or any other applicable rules or statutes of the Department;

(d) There is no clearly demonstrated need for the proposed new, modified or expanded waste tire storage site; or

(e) The proposed waste tire storage site would in the Department's opinion cause environmental, safety or health hazards.

(8) Based on the Department's review of the waste tire storage application, and any public comments received by the Department, the director shall issue or deny the permit. The director's decision shall be subject to appeal to the Commission and judicial review under ORS 183.310 to 183.550.

Stat. Auth.: ORS 459.770 & ORS 459.785 
Stats. Implemented: ORS 459.735, ORS 459.740 & ORS 459.745 
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 7-1989, f. & cert. ef. 4-24-89; DEQ 28-1989, f. & cert. ef. 10-30-89; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 26-1991, f. & cert. ef. 11-14-91

340-064-0035

Standards for Waste Tire Storage Sites

(1) All permitted waste tire storage sites must comply with the technical and operational standards in this rule.

(2) The holder of a "first-stage" waste tire storage permit shall comply with the technical and operational standards in this part if the site receives any waste tires after the effective date of these rules.

(3) A waste tire storage site shall not be constructed or operated in a wetland, waterway, floodway, 25-year floodplain, or any area where it may be subjected to submersion in water.

(4) Operation. A waste tire storage site shall be operated in compliance with the following standards:

(a) An outdoor waste tire pile shall have no greater than the following maximum dimensions:

(A) Width: 50 feet;

(B) Area: 15,000 square feet;

(C) Height: 6 feet.

(b) A 50-foot fire lane shall be placed around the perimeter of each waste fire pile. Access to the fire lane for emergency vehicles must be unobstructed at all times;

(c) Waste tire piles shall be located at least 60 feet from buildings;

(d) Waste tires to be stored for one month or longer shall be ricked, unless the Department waives this requirement;

(e) The permittee shall operate and maintain the site in a manner which controls mosquitoes and rodents if the site is likely to become a public nuisance or health hazard and is close to residential areas;

(f) A sign shall be posted at the entrance of the storage site stating operating hours, cost of disposal and site rules if the site receives tires from persons other than the operator of the site;

(g) No operations involving the use of open flames or blow torches shall be conducted within 25 feet of a waste tire pile;

(h) An approach and access road to the waste tire storage site shall be maintained passable for any vehicle at all times. Access to the site shall be controlled through the use of fences, gates, or other means of controlling access;

(i) If required by the Department, the site shall be screened from public view;

(j) An attendant shall be present at all times the waste tire storage site is open for business, if the site receives tires from persons other than the operator of the site;

(k) The site shall be bermed or given other adequate protection if necessary to keep any liquid runoff from potential tire fires from entering waterways;

(l) If pyrolytic oil is released at the waste tire storage site, the permittee shall remove contaminated soil in accordance with applicable rules governing the removal, transportation and disposal of the material;

(m) In the case of tire fences, the following are also required:

(A) For vector control:

(i) Drilling a two-inch hole into each quadrant of the downside of each tire used in the fence; or

(ii) Filling each individual waste tire with dirt; or

(iii) Another treatment approved in advance by the Department.

(B) A 20-foot fire lane shall be maintained on land under control of the permittee along the entire length of the tire fence. Access to the fire lane for emergency vehicles must be unobstructed and clear of vegetation at all times;

(C) Weeds shall not be allowed to grow on or over the tire fence;

(D) A tire fence shall not be constructed wider than one tire width.

(n) In the case of waste tires stored for seasonal agricultural uses: During the annual period(s) during which the waste tires are not being used for the beneficial use, they shall be stored to meet the standards in this rule.

(5) Operational standards for storage of tire-derived products: the following standards must be met:

(a) The product pile shall have no greater than the following maximum dimensions:

(A) Width: 40 yards;

(B) Volume: 6,400 cubic yards;

(C) Height: 4 yards.

(b) A maximum of four piles of product are allowed on a site;

(c) Compliance with waste tire storage standards under section (3) and subsections (4)(b), (c), and (e) through (l) of this rule.

(6) The Department may impose additional storage requirements for an individual site which are reasonably necessary to protect the public health or the environment.

(7) Waste tires stored indoors shall be stored in compliance with Section 2509.1 of the 2010 Oregon Fire Code.

(8) The Department may approve exceptions to the preceding technical and operational standards for a company processing waste tires and/or storing tire-derived products if:

(a) The average time of storage for a waste tire and/or tire-derived products on that site is one month or less; and

(b) The Department and the local fire authority are satisfied that the permittee has sufficient fire suppression equipment and/or materials on site to extinguish any potential tire and tire chip fire within an acceptable length of time.

(9) The director may grant a variance to the technical and operational standards in this rule or the requirements of OAR 340-064-0025(3)(a) through (3)(c)(D) for a waste tire storage site in existence on or before January 1, 1988, or for a waste tire storage site using tires for a beneficial use. This may include certain requirements of these technical and operational standards when circumstances of the waste tire storage site location, operating procedures, and fire control protection indicate that the purpose and intent of these rules can be achieved without strict adherence to all of the requirements, or when the site is not receiving additional tires and is under a closure schedule approved by the Department.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 459.770 & 459.785
Stats. Implemented: ORS 459.268, 459.710, 459.715 & 459.720
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 7-1989, f. & cert. ef. 4-24-89; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 26-1991, f. & cert. ef. 11-14-91; DEQ 7-2013, f. & cert. ef. 8-29-13

340-064-0040

Closure

(1) The owner or operator of a waste tire storage site shall cease to accept waste tires and shall immediately close the site in compliance with any special closure conditions established in the permit and these rules, if:

(a) The owner or operator declares the site closed;

(b) The storage permit expires or is revoked and renewal of the permit is not applied for, or is denied;

(c) A Commission order to cease operations is issued; or

(d) A permit compliance schedule specifies closure is to begin.

(2) The owner or operator of a waste tire storage site may be required by the Department to submit to the Department a closure plan with the permit application.

(3) The closure plan shall include:

(a) When or under what circumstances the site will close, including any phase-in of the closure;

(b) How all waste tires and tire-derived products will be removed from the site or otherwise properly disposed of upon closure;

(c) A schedule for the applicable closure procedures, including the time period for completing the closure procedures;

(d) A plan for site rehabilitation, if deemed necessary by the Department.

Stat. Auth.: ORS 459 
Stats. Implemented: ORS 459.268, ORS 459.755 & ORS 459.780 
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88

 

340-064-0045

Closure Procedures

(1) In closing the storage site, the permittee shall:

(a) Close public access to the waste tire storage site for tire storage;

(b) Post a notice indicating to the public that the site is closed and, if the site had accepted waste tires from the public, indicating the nearest site where waste tires can be deposited;

(c) Notify the Department and local government of the closing of the site;

(d) Remove all waste tires and tire-derived products to a waste tire storage site, solid waste disposal site authorized to accept waste tires, or other facility approved by the Department;

(e) Remove any solid waste to a permitted solid waste disposal site; and

(f) Notify the Department when the closure activities are completed.

(2) After receiving notification that site closure is complete, the Department may inspect the storage site. If all procedures have been correctly completed, the Department shall approve the closure in writing. Any financial assurance not needed for the closure or for other purposes under OAR 340-064-0020(1)(b) shall be released to the permittee.

Stat. Auth.: ORS 459 
Stats. Implemented: ORS 459.268, ORS 459.710, ORS 459.715, ORS 459.720, ORS 459.755 & ORS 459.780 
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 7-1989, f. & cert. ef. 4-24-89

340-064-0050

Modification of Solid Waste Disposal Site Permit Required

(1) After July 1, 1988, a solid waste disposal site permitted by the Department shall not store over 100 waste tires unless the permit has been modified by the Department to authorize the storage of waste tires.

(2) A solid waste disposal site permittee who accumulates fewer than 2,000 waste tires at any given time and has a contract with a tire carrier to transport for proper disposal all such tires whenever sufficient tires have been accumulated to make up a truckload of not more than 1,800 tires from that site, is not subject to the permit modification required by section (1) of this rule or to the requirements of section (5) of this rule. However, such permittee's solid waste operating plan shall be modified to include such activity. Nevertheless, if such permittee stores over 100 tires on-site for more than six months, permit modification pursuant to section (3) of this rule shall be required to allow such storage.

(3) A solid waste disposal site permittee currently storing over 100 waste tires at its site shall apply to the Department by June 1, 1988, for a permit modification to store over 100 waste tires. A solid waste disposal site permittee who wants to begin storing over 100 waste tires at its site shall apply to the Department for a permit modification at least 90 days before the planned date of such storage.

(4) The permittee shall apply to store a maximum number of waste tires which shall not be exceeded in one year.

(5) In storing waste tires, the permittee shall comply with all rules for waste tire storage sites in OAR 340-064-0015 through 340-064-0025, and OAR 340-064-0035 through 340-064-0045, including a management plan for the waste tires, record keeping for waste tires received and sent, contingency plan for emergencies, and financial assurance requirements.

(6) Modification of an existing solid waste permit to allow waste tire storage does not require submission of a solid waste permit filing fee or application processing fee under OAR 340-097-0110.

(7) The solid waste permittee should consider storing the waste tires or tire-derived products in a manner that will not preclude their future recovery and use, should that become economically feasible.

Stat. Auth.: ORS 459.770 & ORS 459.785 
Stats. Implemented: ORS 459.715 
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 9-1996, f. & cert. ef. 7-10-96

 

340-064-0052

Disposal of Tires at Solid Waste Disposal Sites: Ban; Chipping Standards

(1) After July 1, 1991, no person shall dispose of tires and no operator of a land disposal site permitted by the Department shall knowingly accept tires for disposal unless:

(a) The tires are processed in accordance with the standards in section (2) of this rule; and

(b) Such disposal is not prohibited by the land disposal site's solid waste permit.

(2) To be landfilled under subsection (1)(a) of this rule, waste tires must be processed to meet the following criteria:

(a) The volume of 100 unprepared randomly selected whole tires in one continuous test period must be reduced by at least 65 percent of the original volume. No single void space greater than 125 cubic inches may remain in the randomly placed processed tires; or

(b) The tires shall be reduced to an average chip size of no greater than 64 square inches in any randomly selected sample of ten tires or more. No more than 40 percent of the chips may exceed 64 square inches.

(3) The test to comply with subsection (2)(a) of this rule shall be as follows:

(a) Unprocessed whole tire volume shall be calculated by randomly placing the 100 unprepared randomly selected whole tires in a rectangular container and multiplying the depth of unprocessed tires by the bottom area of the container;

(b) Processed tire volume shall be determined by randomly placing the processed tire test quantity in a rectangular container and leveling the surface. It shall be calculated by multiplying the depth of processed tires by the bottom area of the container.

Stat. Auth.: ORS 459.770 & ORS 459.785 
Stats. Implemented: ORS 459.710 
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 7-1989, f. & cert. ef. 4-24-89; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 26-1991, f. & cert. ef. 11-14-91

 

340-064-0055

Waste Tire Carrier Permit Required

(1) After January 1, 1989, any person engaged in picking up, collecting or transporting waste tires for the purpose of storage, processing or disposal is required to obtain a waste tire carrier permit from the Department.

(2) After January 1, 1989, no person shall collect or haul waste tires or advertise or represent himself/herself as being in the business of a waste tire carrier without first obtaining a waste tire carrier permit from the Department.

(3) The following persons are exempt from the requirement to obtain a waste tire carrier permit:

(a) Solid waste collectors operating under a license or franchise from any local government unit;

(b) A private individual transporting the individuals own waste tires to a processor or for proper disposal;

(c) A private carrier transporting the carriers own waste tires to a processor or for proper disposal;

(d) A person transporting fewer than five tires to a processor or for proper disposal;

(e) Persons transporting tire-derived products to a market;

(f) Persons transporting tire chips that meet the chipping standards in OAR 340-064-0052;

(g) The Unites States, the State of Oregon, any county, city, town or municipality in this state or any agency of the United States, the State of Oregon or a county, city, town or municipality of this state.

(4) A combined tire carrier/storage permit may be applied for by tire carriers:

(a) Who are subject to the carrier permit requirement; and

(b) Whose business includes or wants to establish a site which is subject to the waste tire storage permit requirement.

(5) The Department shall supply a combined tire carrier/storage permit application to such persons. Persons applying for the combined tire carrier/storage permit shall comply with all other regulations concerning storage sites and tire carriers established in these rules.

(6) Persons who want to transport waste tires for the purpose of storage, processing or disposal must apply to the Department for a waste tire carrier permit at least 90 days before beginning to transport the tires.

(7) Large trucking companies with 15 or more trucks in their fleet, whether leased or owned, may apply for a common carrier class waste tire carrier permit to haul waste tires.

(a) All waste tire carrier permit rules will apply, except for Sections (8)(a), (17), and (18) of this rule.

(b) Large trucking companies who apply for this permit must pay all application and compliance fees required in OAR 340-064-0063(9)(a) and in section (10) of this rule in addition to an annual permit fee of $375 applicable to companies operating 15 or more trucks.

(c) Cab decals are not required on trucks covered under this permit, however the common carrier class waste tire carrier permit must remain on file and must be available for review by the Department at the permittee's principal Oregon office.

(d) Any truck in the company's fleet may be used to haul waste tires as long as the company is in compliance with the common carrier class waste tire carrier permit.

(8) Applications shall be made on a form provided by the Department. The application shall include such information as required by the Department. It shall include but not be limited to:

(a) A description, license number and registered vehicle owner for each truck used for transporting waste tires;

(b) The PUC authority number under which each truck is registered;

(c) Where the waste tires will be stored, processed or disposed of;

(d) Any additional information required by the Department.

(9) A corporation which has more than one separate business location may submit one waste tire carrier permit application which includes all the locations. All the information required in section (8) of this rule shall be supplied by location for each individual location. The corporation shall be responsible for amending the corporate application whenever any of the required information changes at any of the covered locations.

(10) An application for a tire carrier permit shall include a $25 nonrefundable application fee and an annual compliance fee as listed in OAR 340-064-0063 or subsection (7)(b) of this rule, as applicable.

(11) An application for a combined tire carrier/storage permit shall include a $250 application fee, $50 of which shall be non-refundable, and an annual compliance fee as listed in OAR 340-064-0063. The rest of the application fee may be refunded in whole or in part when submitted with an application if either of the following conditions exists:

(a) The Department determines that no permit will be required;

(b) The applicant withdraws the application before the Department has granted or denied the application.

(12) The application for a waste tire carrier permit shall also include a bond in the sum of $5,000 in favor of the State of Oregon. In lieu of the bond, the applicant may submit financial assurance acceptable to the Department. The Department will accept as financial assurance only those instruments listed in and complying with requirements in OAR 340-095-0095.

(13) The bond or other financial assurance shall be filed with the Department and shall provide that:

(a) In performing services as a waste tire carrier, the applicant shall comply with the provisions of ORS 459.705 through 459.790 and of this rule; and

(b) Any person injured by the failure of the applicant to comply with the provisions of ORS 459.705 through 459.790 or this rule shall have a right of action on the bond or other financial assurance in the name of the person. Such right of action shall be made to the principal or the surety company within two years after the injury.

(14) Any deposit of cash, certificate of deposit, letter of credit, or negotiable securities submitted under sections (12) and (13) of this rule shall remain in effect for not less than two years following termination of the waste tire carrier permit.

(15) A waste tire carrier permit or combined tire carrier/ storage permit shall be valid for up to three years.

(16) Waste tire carrier permits shall expire on March 1. Waste tire carrier permittees who want to renew their permit must apply to the Department for permit renewal by January 1 of the year the permit expires. The application for renewal shall include all information required by the Department, and a permit renewal fee.

(17) A waste tire carrier permittee may add another vehicle to its permitted waste tire carrier fleet if it does the following before using the vehicle to transport waste tires:

(a) Submits to the Department:

(A) The information required in section (8) of this rule; and

(B) A fee of $25 for each vehicle added.

(b) Displays on each additional vehicle decals from the Department pursuant to OAR 340-064-0063(1)(b).

(18) A waste tire carrier permittee may lease additional vehicles to use under its waste tire carrier permit without adding that vehicle to its fleet pursuant to section (17) of this rule, under the following conditions:

(a) The vehicle may not transport waste tires when under lease for a period of time exceeding 30 days (short-term leased vehicles). If the lease is for a longer period of time, the vehicle must be added to the permittee's permanent fleet pursuant to section (17) of this rule;

(b) The permittee must give previous written notice to the Department that it will use short-term leased vehicles;

(c) The permittee shall pay a $25 annual compliance fee in advance to allow use of short-term leased vehicles, in addition to any other fees required by sections (10), (11) and (17) of this rule, and OAR 340-064-0063(9) and (10);

(d) Every permittee shall keep a daily record of all vehicles leased on short term, with beginning and ending dates used, license numbers, PUC authority, PUC temporary pass or PUC plate/marker, and person from whom the vehicles were leased. The daily record must be kept current at all times, subject to verification by the Department. The daily record shall be maintained at the principal Oregon office of the permittee. The daily record shall be submitted to the Department each year as part of the permittee's annual report required by OAR 340-064-0063(8);

(e) The permittee's bond or other financial assurance required under section (12) of this rule must provide that, in performing services as a waste tire carrier, the operator of a vehicle leased by the permittee shall comply with the provisions of ORS 459.705 through 459.790 and of this rule;

(f) Each vehicle being used on a short-term lease basis by a permittee must carry a properly filled out cab card provided by the Department in the power vehicle at all times when hauling waste tires. Information on the cab card shall include the starting and ending dates of the short-term lease;

(g) The permittee is responsible for ensuring that a leased vehicle complies with OAR 340-064-0055 through 340-064-0063, except that the leased vehicle does not have to obtain a separate waste tire carrier permit pursuant to section (1) of this rule while operating under lease to the permittee.

(19) A holder of a combined tire carrier/storage permit may purchase special block passes from the Department. A person located outside of Oregon who is a holder of a waste tire carrier permit issued by the Department may also purchase special block passes from the Department if he or she also holds a valid permit allowing storage of waste tires issued by the responsible state or local agency of that state, and if such permit is deemed acceptable by the Department. The block passes will allow the permittee to use a common carrier which does not have a waste tire carrier permit. Use of a block pass will allow the unpermitted common carrier to haul waste tires under the permittee's waste tire carrier permit:

(a) Special block passes shall be available in sets of at least five, for a fee of $5 per block pass. Only a holder of a combined tire carrier/storage permit may purchase block passes. Any unused block passes shall be returned to the Department when the permittee's waste tire permit expires or is revoked;

(b) The permittee is responsible for ensuring that a common carrier operating under a block pass from the permittee complies with OAR 340-064-0055 through 340-064-0063, except that the common carrier does not have to obtain a separate waste tire carrier permit pursuant to section (1) of this rule while operating under the permittee's block pass;

(c) A block pass may be valid for a maximum of ten days and may only be used to haul waste tires between the origin(s) and destination(s) listed on the block pass;

(d) A separate block pass shall be used for each trip hauling waste tires made by the unpermitted common carrier under the permittee's waste tire permit. (A trip begins when waste tires are picked up at an origin, and ends when they are delivered to a proper disposal site(s) pursuant to OAR 340-064-0063(4));

(e) The permittee shall fill in all information required on the block pass, including name of the common carrier, license number, PUC authority if applicable, PUC temporary pass or PUC plate/marker if applicable, beginning and ending dates of the trip, address(es) of where the waste tires are to be picked up and where they are to be delivered, and approximate numbers of waste tires to be transported;

(f) Each block pass shall be in triplicate. The permittee shall send the original to the Department within five days of the pass's beginning date, one copy to the common carrier which shall keep it in the cab during the trip, and shall keep one copy;

(g) The permittee shall be responsible for ensuring that any common carrier hauling waste tires under the permittee's waste tire permit has a properly completed block pass;

(h) While transporting waste tires, the common carrier shall keep a block pass properly filled out for the current trip in the cab of the vehicle;

(i) An unpermitted common carrier may operate as a waste tire carrier using a block pass no more than three times in any calendar quarter. Before a common carrier may operate as a waste tire carrier more than three times a quarter, he or she must first apply for and obtain a waste tire carrier permit from the Department.

Stat. Auth.: ORS 468.020, 459.045 & 459.785
Stats. Implemented: ORS 459.708
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 7-1989, f. & cert. ef. 4-24-89; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 41-1990, f. & cert. ef. 11-15-90; DEQ 26-1991, f. & cert. ef. 11-14-91; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 3-1997, f. & cert. ef. 3-7-97; DEQ 7-2013, f. & cert. ef. 8-29-13

 

340-064-0063

Waste Tire Carrier Permittee Obligations

(1) Each person required to obtain a waste tire carrier permit shall:

(a) Comply with OAR 340-064-0025(1);

(b) Display current decals with his or her waste tire carrier identification number issued by the Department when transporting waste tires. The decals shall be displayed on the sides of the front doors of each truck used to transport tires;

(c) Maintain the financial assurance required under ORS 459.730(2)(d).

(2) When a waste tire carrier permit expires or is revoked or suspended, the former permittee shall immediately remove all waste tire permit decals from its vehicles and remove the permit from display. The permittee shall surrender a revoked or suspended permit, and certify in writing to the Department within fourteen days of revocation or suspension that all Department decals have been removed from all vehicles.

(3) Leasing, loaning or renting of permits or decals is prohibited. No permit holder shall engage in any conduct which falsely tends to create the appearance that services are being furnished by the holder when in fact they are not.

(4) A waste tire carrier shall leave waste tires for storage or disposal only in a permitted waste tire storage site, at a land disposal site permitted by the Department to store waste tires or with an operating plan allowing the storage of waste tires, or at another site approved by the Department, such as a site authorized to accept waste tires under the laws or regulations of another state.

(5) The Department may allow a permittee to use up to two covered containers to collect waste tires. A maximum of 2,000 tires may be so collected at any one time, and for no longer than 90 days in each container, beginning with the date when a waste tire is first placed in a container. The containers must be located at the permittee's main place of business.

(6) A waste tire carrier permittee shall inform the Department within two weeks of any change in license plate number or ownership (sale) of any vehicle under his or her waste tire carrier permit.

(7) Waste tire carrier permittees shall record and maintain for a minimum of three years, except as otherwise specified in this section, the following information regarding their activities for each month of operation:

(a) The approximate quantity of waste tires collected. Quantities may be measured by aggregate loads or cubic yards, if the carrier documents the approximate number included in each load;

(b) Where or from whom the waste tires were collected, and whether the waste tires are from the cleanup of a waste tire pile;

(c) Where the waste tires were deposited. The waste tire carrier shall keep receipts or other written materials documenting where all tires were stored or disposed of. This information shall be maintained for five years.

(8) Waste tire carrier permittees shall submit to the Department an annual report that summarizes the information collected under section (7) of this rule. The information shall be broken down by quarters. This report shall be submitted to the Department annually as a condition of holding a permit together with the annual compliance fee or permit renewal application.

(9) A holder of a waste tire carrier permit shall pay to the Department a nonrefundable annual fee in the following amount:

(a) Annual compliance fee (per company or corporation) -- $175;

(b) Plus annual fee per vehicle used for hauling waste tires -- $25.

(10) A holder of a combined tire carrier/storage permit shall pay to the Department by February 1 of each year a nonrefundable annual compliance fee for the coming calendar year in the following amount:

(a) Annual compliance fee (per company or corporation) -- $250;

(b) Plus annual fee per vehicle used for hauling waste tires -- $25.

(11) A holder of a waste tire carrier permit shall pay to the Department by February 15 of each year an annual compliance fee for the coming year (March 1 through February 28) as required by sections (9) through (10) of this rule. The permittee shall provide evidence of required financial assurance when the annual compliance fee is submitted. For the first year's operation, the full fee(s)shall apply if the carrier permit is issued on or before December 1. Any new waste tire carrier permit issued after December 1 shall not owe an annual compliance fee(s) until March 1.

(12) The fee is $10 for a decal to replace one that was lost or destroyed.

(13) The fee for a waste tire carrier permit renewal is $25.

(14) The fee for a permit modification of an unexpired waste tire carrier permit, initiated by the permittee, is $15. Adding a vehicle to the permittee's fleet pursuant to OAR 340-064-0055(16), dropping a vehicle from the permitted fleet, or updating a changed license plate number of a vehicle in the permitted fleet does not constitute a permit modification. However, adding a vehicle is subject to a separate fee pursuant to OAR 340-064-0055(16).

(15) The fee to reinstate a waste tire carrier permit which has been revoked by the Department is $100. No fee is required to reinstate a waste tire carrier permit which has been suspended by the Department.

(16) A waste tire carrier permittee should check with the PUC and DMV to ensure that he or she complies with all PUC and DMV regulations.

Stat. Auth.: ORS 459.770, ORS 459.775, ORS 459.780 & ORS 459.785 
Stats. Implemented: ORS 459.705, ORS 459.712, ORS 459.730 & ORS 459.750 
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 7-1989, f. & cert. ef. 4-24-89; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 41-1990, f. & cert. ef. 11-15-90; DEQ 26-1991, f. & cert. ef. 11-14-91; DEQ 27-1998, f. & cert. ef. 11-13-98

340-064-0070

Department Review of Waste Tire Carrier Permit Applications

(1) Applications for waste tire carrier permits shall be processed in accordance with the Procedures for Issuance, Denial, Modification and Revocation of Permits as set forth in OAR Chapter 340, Division 14, except as otherwise provided in this division.

(2) Applications for waste tire carrier permits shall be complete only if they:

(a) Are submitted on forms provided by the Department, accompanied by all required exhibits, and the forms are completed in full and are signed by the applicant(s);

(b) Include the appropriate application fee pursuant to OAR 340-064-0055 and 340-064-0063; and

(c) Include acceptable financial assurance pursuant to OAR 340-064-0055.

(3) Upon receipt of a complete application, the Department may deny the permit if:

(a) The application contains a material misrepresentation or false information or fails to disclose fully all relevant facts; or

(b) The application was wrongfully accepted by the Department; or

(c) The applicant has not complied with these rules or other applicable rules of the Department or rules of other governmental agencies which relate to waste tires.

(4) Based on the Department's review of the waste tire carrier application, the director shall issue or deny the permit. The director's decision shall be subject to appeal to the Commission and judicial review under ORS 183.310 to 183.550.

Stat. Auth.: ORS 459 
Stats. Implemented: ORS 459.745, ORS 459.750 & ORS 459.755 
Hist.: DEQ 15-1988, f. & cert. ef. 7-12-88; DEQ 28-1989, f. & cert. ef. 10-30-89

340-064-0075

Permit Suspension or Revocation

(1) The Department may suspend, revoke or refuse to renew any permit issued under OAR 340-064-0005 through 340-064-0070 if it finds:

(a) Failure to comply with any conditions of the permit, provisions of ORS 459.710 through 459.780, the rules of the Commission or an order of the Commission or Department; or

(b) Failure to maintain in effect at all times the required bond or other approved equivalent financial assurance in the amount specified in ORS 459.720 and 459.730 or in the permit; or

(c) The permit was obtained by misrepresentation or failure to disclose fully all relevant facts; or

(d) A significant change in the quantity or character of waste tires received or in the method of waste tire storage site operation; or

(e) Failure to timely remit the annual compliance fee, or nonpayment by drawee of any instrument tendered by applicant as payment of the permit fee.

(2) Suspension or revocation of a permit shall be processed in accordance with the Procedures for Issuance, Denial, Modification and Revocation of Permits as set forth in OAR 340-014-0045, except as otherwise provided in this division.

(3) Within 45 days of the date when the Department receives a notice of prospective cancellation of the financial assurance required of a permittee under OAR 340-064-0055(11) or 340-064-0020, the Department may initiate procedures to suspend or revoke the permit unless notice of reinstatement is received.

(4) If an annual compliance fee as required under OAR 340-064-0025 or 340-064-0063 is not received by the Department within 45 days of the due date, the Department may initiate procedures to suspend or revoke the permit.

Stat. Auth.: ORS 459.785 
Stats. Implemented: ORS 459.755 
Hist.: DEQ 28-1989, f. & cert. ef. 10-30-89; DEQ 26-1991, f. & cert. ef. 11-14-91

340-064-0080

Proper Disposition of Waste Tires and Documentation Required of Generators of Waste Tires

(1) After the effective date of these rules, any person who generates or handles more than 100 waste tires a year shall keep a log of the amount of waste tires he or she generated or handled.

(2) After the effective date of these rules, any person who generates waste tires shall either:

(a) Have the waste tires transported by a waste tire carrier operating under a permit issued by the Department under ORS 459.705 to 459.790; or

(b) Transport the waste tires generated by the person to a waste tire storage site operating under a permit issued by the Department or to another site authorized by the Department;

(c) Transport any waste tires which are also retreadable casings to a tire retreader for the purposes of retreading.

(3) After the effective date of these rules, any person who generates and transports five or more waste tires at a time shall maintain for two years a written record, including receipts, bills of lading or other similar documents to establish the disposition of the waste tires. This shall include:

(a) For persons having their waste tires transported by a permitted waste tire carrier: receipts signed by the waste tire carrier showing the name and permit number of the waste tire carrier, the date and number or volume of waste tires hauled. A person using a waste tire carrier must verify that the carrier has a Department-issued waste tire carrier permit; such verification may include noting possession by the waste tire carrier of a valid Department decal, a valid properly filled out cab card, or a valid properly filled out block pass; or the person may call the Department for verification;

(b) For persons hauling their own waste tires: receipts with the date, number or volume of waste tires hauled and place where the waste tires were taken. The receipts shall be signed by an official representative of the location to which the waste tires were taken for storage, processing or disposal.

(4) The written record in section (3) of this rule shall reflect the approximate amount of waste tires generated by the person or under that person's control as reflected in the log, when required, kept under section (1) of this rule.

(5) For purposes of this rule, "generation" of waste tires shall include the accumulation of waste tires on property owned or controlled by the person, the presence of which has been documented by a public official.

(6) The information maintained under sections (1), (2) and (3) of this rule shall be made available to the Department upon request of the Department.

Stat. Auth.: ORS 459.785 
Stats. Implemented: ORS 459.708 
Hist.: DEQ 26-1991, f. & cert. ef. 11-14-91

 

Reimbursements to Users of Waste Tires and

Cleanup Funds for Tire Storage Sites

 

340-064-0090

Policy on Use of Waste Tire Recycling Account Funds

Waste tires have a resource value to society that is lost if they are landfilled. One goal of the Waste Tire Program is to control the transportation and storage of waste tires so that illegal dumping is eliminated, and the tires do not cause environmental hazards. The major tools for this are the permitting requirements for tire sites and tire carriers, and civil penalties for illegal tire storage/disposal. Another program goal is to enhance the market for reuse of waste tires so that their value is recovered, and the market helps divert the stream of waste tires from being landfilled. The 1987 Legislature determined that it was appropriate to offer an incentive to enhance this market in the form of a reimbursement to users of waste tires from the Waste Tire Recycling Account. The 1991 Legislature determined that such a reimbursement will no longer be needed to support the waste tire market after June 30, 1992. However, the Legislature directed that funds should continue to be available to assist with tire pile cleanups. Accordingly, the Department shall recommend or determine use of available funds in the Waste Tire Recycling Account based on the following priority order:

(1) Cleanup of permitted or non-permitted waste tire storage sites, following criteria established in OAR 340-064-0155. Priority shall be given to abating a danger or nuisance created by waste tires, pursuant to OAR 340-064-0155.

(2) Reimbursement to persons who use waste tires in Oregon.

(3) Reimbursement to persons who use waste tires outside of Oregon.

Stat. Auth.: ORS 459.785 
Stats. Implemented: ORS 459.775 & ORS 459.780 
Hist.: DEQ 28-1988, f. & cert. ef. 11-8-88; DEQ 26-1991, f. & cert. ef. 11-14-91

340-064-0100

Reimbursement for Use of Waste Tires

(1) Funds in the Waste Tire Recycling Account may be used to reimburse persons for the costs of using waste tires or chips or similar materials.

(2) A person may apply to the Department for partial reimbursement from the Account for using waste tires. To be eligible for the reimbursement, the tires must:

(a) Be waste tires generated in Oregon;

(b) Be tire chips or similar materials from waste tires generated in Oregon;

(c) Be used for energy recovery or other appropriate uses as specified in OAR 340-064-0110; and

(d) Be purchased no later than the calendar quarter immediately preceding July 1, 1992.

(3) Notwithstanding any other provision of ORS 459.015, for purposes of encouraging the use of waste tires under ORS 459.705 to 459.790, the use of processed, source-separated waste tires having a positive market value as a new product to recover energy shall be considered recycling under ORS 459.015(2)(a)(C).

Stat. Auth.: ORS 459.785 
Stats. Implemented: ORS 459.775 & ORS 459.780 
Hist.: DEQ 28-1988, f. & cert. ef. 11-8-88; DEQ 26-1991, f. & cert. ef. 11-14-91

340-064-0110

Uses of Waste Tires Eligible for Reimbursement

(1) Uses of waste tires which may be eligible for the reimbursement include:

(a) Energy recovery. Energy recovery shall include:

(A) Burning of whole or chipped tires as tire-derived fuel. The tire-derived fuel shall be burned only in boilers which have submitted test burn data to the Department and whose air quality permits are not violated by burning tire-derived fuel in the quantities for which reimbursement is requested. If the fuel is burned out-of-state, such burning shall be eligible for the reimbursement only if it does not cause an air quality permit issued by the competent out-of-state authority to be violated;

(B) Incineration or pyrolysis of whole tires or tire chips to produce electricity or process heat or steam, either for use on-site, or for sale.

(b) Other eligible uses. Other eligible uses shall include:

(A) Pyrolysis of tires to produce combustible hydrocarbons and other salable products;

(B) Use of tire chips as road bed base and the like;

(C) Recycling of waste tire strips, chips, shreds, or crumbs to manufacture a new product. The new product may be produced by physical or chemical processes such as:

(i) Weaving from strips of waste tires;

(ii) Stamping out products from the tire casing;

(iii) Physically blending tire chips with another material such as asphalt;

(iv) Physically or chemically bonding tire chips or crumbs with another material to form a new product such as tire chocks.

(D) Use of whole tires:

(i) In artificial fishing reefs in nonocean waters of this state, pursuant to OAR 340-046, and subject to review by the Oregon Department of Fish and Wildlife;

(ii) For the manufacture of new products which have a market value such as buoys.

(2) If a proposed use of waste tires would in the Department's opinion cause environmental, safety or health hazards, the Department may disallow the partial reimbursement. An example of a health hazard would be use of tire chips for playground cover without removing the steel shreds.

(3) The following uses are not considered appropriate for use of the reimbursement, and shall not be eligible for the reimbursement:

(a) Reuse as a vehicle tire;

(b) Retreading;

(c) Use of tires as riprap;

(d) Use of whole or split tires for erosion control or retaining walls;

(e) Use of whole or split tires for tire fences, barriers, dock and racetrack bumpers, ornamental planters, agricultural uses such as raised beds, or other uses in which the user incurs little or no cost, the use is of limited economic value, and the use does not take place within a market;

(f) Use of tire buffings.

Stat. Auth.: ORS 459.770 & ORS 459.785 
Stats. Implemented: ORS 459.710, ORS 459.772, ORS 459.775 & ORS 459.780 
Hist.: DEQ 28-1988, f. & cert. ef. 11-8-88; DEQ 3-1990, f. & cert. ef. 1-24-90

340-064-0115

Who May Apply for a Reimbursement

(1) A person who uses waste tires generated in Oregon may apply to the Department for a partial reimbursement.

(2) To be eligible for the reimbursement, the user of a waste tire shall be the end user of the waste tire, chips or similar material for energy recovery or other appropriate uses pursuant to OAR 340-064-0110. The end user need not be located in Oregon.

(3) For purposes of the reimbursement, the end user shall document the number of pounds of waste tires, chips or similar materials used by proof of purchase or sale, as appropriate, of the waste tires, chips or similar materials to or from another person. In order to qualify as a purchase or sale, the transaction cannot take place between two persons (including a firm or corporation) if:

(a) One of the persons has a financial interest in the other;

(b) One of the persons is a subsidiary of the other;

(c) The family of one of the persons has an interest in the other firm or corporation;

(d) The two firms or corporations have common officers or common directors.

Stat. Auth.: ORS 459 
Stats. Implemented: ORS 459.780 
Hist.: DEQ 28-1988, f. & cert. ef. 11-8-88

340-064-0120

Application for Reimbursement

(1) Application for reimbursement for use of waste tires shall be made on a form provided by the Department.

(2) An applicant may apply in advance for certification ("advance certification") from the Department that his or her proposed use of waste tires shall be eligible for reimbursement:

(a) Such advance certification may be issued by the Department if the applicant proves to the Department's satisfaction that:

(A) The use being proposed is an eligible use under OAR 340-064-0110;

(B) The applicant is an eligible end user under OAR 340-064-0010(11);

(C) The applicant will be able to document that the waste tire used were generated in Oregon; and

(D) The applicant will be able to document the number of net pounds of waste tires used.

(b) The applicant must still apply to the Department for reimbursement for waste tires actually used, and document the amount of that use, pursuant to sections (3) and (4) of this rule;

(c) Advance certification issued by the Department to an applicant shall not guarantee that the applicant shall receive any reimbursement funds. The burden of proof shall be on the applicant to document that the use for which reimbursement is requested actually took place, and corresponds to the use described in the advance certification.

(3) An applicant may apply to the Department directly for the reimbursement each quarter without applying for advance certification. The application shall be on a form provided by the Department.

(4) To apply for reimbursement for the use of waste tires an applicant shall:

(a) Apply to the Department no later than 30 days after the end of the quarter in which the waste tires were used;

(b) Unless the applicant holds an advance certification for the use of waste tires for which they are applying, prove to the Department's satisfaction that:

(A) The use being proposed is an eligible use under OAR 340-064-0110; and

(B) The applicant is an eligible end user under OAR 340-064-0010(11) and 340-064-0115.

(c) Provide documentation acceptable to the Department, such as bills of lading, that the tires, chips or similar materials used were from waste tires generated in Oregon;

(d) Provide documentation acceptable to the Department of the net amount of pounds of waste tires used (including embedded energy from waste tires) in the quantity of product sold, purchased or used. Examples of acceptable documentation are:

(A) For tire-derived fuel: receipts showing tons of tire-derived fuel purchased;

(B) For incineration of whole tires producing process heat, steam or electricity: Records showing net tons of rubber burned;

(C) For pyrolysis plants producing electricity or process heat or steam: Billings showing sales of kilowatt hours or tons of steam produced by the tire pyrolysis, calculations certified by a professional engineer showing how many net pounds of tires were required to generate that amount of energy, receipts or bills of lading for the number of waste tires actually used to produce the energy, and gross pounds of rubber from waste tires fed into the processing machine;

(D) For pyrolysis technologies producing combustible hydrocarbons and other salable products: Billings to customers showing amounts of pyrolysis-derived products sold (gallons, pounds, etc.) with calculations certified by a professional engineer showing the number of net pounds of waste tires, including embedded energy, used to produce those products; and gross pounds of rubber from waste tires fed into the processing machine;

(E) For end users of tire strips, chunks, rubber chips, crumbs and the like in the manufacture of another product: Billings to purchasers for the product sold, showing net pounds of rubber used to manufacture the amount of product sold;

(F) For end users of tire chips in rubberized asphalt, or as road bed material and the like: billings or receipts showing the net pounds of rubber used;

(G) For end users of whole tires: Documentation of the weight of the tires used, exclusive of any added material such as ballast or ties.

(e) Submit a notarized affidavit warranting that the information provided in claiming the reimbursement is true and correct to the best of the applicant's knowledge.

(5) The Department may require any other information necessary to determine whether the proposed use is in accordance with Department statutes and rules.

(6) An applicant for a reimbursement for use of waste tires, and the person supplying the waste tires, tire chips or similar materials to the applicant, for which the reimbursement is requested, are subject to audit by the Department (or Secretary of State) and shall allow the Department access to all records during normal business hours for the purpose of determining compliance with this rule.

(7) In order to apply for a reimbursement, an applicant must have used an equivalent of at least 10,000 pounds of waste tires or 500 passenger tires after the effective date of this rule. Waste tires may be used in more than one quarter to reach this threshold amount.

(8) In addition to any other penalty imposed by law, any person who knowingly or intentionally provides false information to the Department in claiming a reimbursement shall be ineligible to receive any reimbursement under OAR 340-064-0100 through 340-064-0135.

Stat. Auth.: ORS 459.770, ORS 459.775, ORS 459.780 & ORS 459.785 
Stats. Implemented: ORS 459.775 & ORS 459.780 
Hist.: DEQ 28-1988, f. & cert. ef. 11-8-88; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 41-1990, f. & cert. ef. 11-15-90; DEQ 26-1991, f. & cert. ef. 11-14-91

340-064-0130

Basis of Reimbursement

(1) In order to be eligible for reimbursement, the use of waste tires must occur after November 8, 1988 and the waste tires must be purchased no later than the calendar quarter immediately preceding July 1, 1992.

(2) Any one waste tire shall be subject to only one request for reimbursement.

(3) The amount of the reimbursement shall be based on $.01 per pound for rubber derived from waste tires which is used by an applicant.

(4) Before June 30, 1991, the Department may authorize reimbursement funds for demonstration projects at a rate exceeding the above per pound amount if:

(a) The project does not use the waste tires for energy recovery;

(b) There is no established market in Oregon for the use which is to be demonstrated;

(c) The total funds spent on any given project do not exceed $100,000 per project;

(d) The project is located in Oregon;

(e) Advance certification for the project is obtained from the Department; and

(f) The project is completed before June 30, 1992.

(5) The amount of rubber used shall be based on sales of product containing the rubber; or if the applicant is an end user who consumes and does not further sell the tires, chips or similar materials, the reimbursement shall be based on net pounds of materials purchased or used.

(6) Notwithstanding section (3) of this rule, the amount of reimbursement to an end user for an eligible use of tires shall not exceed the out-of-pocket cost to the end user of using the tires.

Stat. Auth.: ORS 459.770 & ORS 459.785 
Stats. Implemented: ORS 459.775 & ORS 459.780 
Hist.: DEQ 28-1988, f. & cert. ef. 11-8-88; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 26-1991, f. & cert. ef. 11-14-91

340-064-0135

Processing and Approval of Applications

(1) An applicant shall submit a complete application for a reimbursement to the Department within 30 days of the end of the quarter in which the waste tires were used. The Department shall act on an application only if it is complete.

(2) If an application is late or incomplete, the Department shall not act on the application.

(3) The applicant may submit additional information required by the Department to complete the application. However, the Department may choose not to act on such an application until the end of the following quarter.

(4) The Department shall review a complete reimbursement application form for overall eligibility. The Department shall then determine the eligible number of pounds of rubber used.

(5) When the Department has received and reviewed pursuant to section (4) of this rule all completed applications for reimbursement for a quarter, the Department shall calculate the total dollar amount of eligible reimbursements requested at $.01 per pound of rubber used.

(6) The Department shall determine the amount of available funds in the Waste Tire Recycling Account.

(7) If the amount of eligible reimbursements requested exceeds the amount of funds available for reimbursement, the Commission shall prorate the amount of all reimbursements for eligible uses received for that quarter. The time period for reimbursement as specified by the Commission shall be a calendar quarter. The proration shall be done as follows:

(a) First, in-state users shall receive 100 percent of the eligible amount requested up to the amount of funds available. Available funds in the Waste Tire Recycling Amount shall be reduced by that amount;

(b) Remaining available funds in the Waste Tire Recycling Account shall then be prorated among all eligible out-of-state users. This proration shall be based on an equal reduction per pound of rubber used by all remaining eligible applicants;

(c) If insufficient funds are available to reimburse eligible in-state users, the Commission shall prorate the amount of available funds among the eligible in-state users and not reimburse eligible out-of-state users for waste tires used in that quarter.

(8) When the final amount of reimbursement for all applicants under subsections (7)(a), (b) and (c) of this rule has been determined, the Department shall make payment in that amount to each applicant.

(9) Both in-state and out-of-state users may reapply again in the next quarter for reimbursement for the waste tires, chips or similar materials used but not reimbursed during the previous quarter.

(10) Within 30 days of the filing of an application for advance certification, the Department shall request any additional information needed to complete the application. The application is not complete until such additional information requested by the Department has been received.

(11) If the Department determines that an application for advance certification is eligible, it shall within 60 days of receipt of a completed application issue an advance certification.

(12) The Department shall process applications for reimbursement which have "advance certification" before acting on other applications.

(13) To ensure that a use continues to be eligible for the reimbursement, the Department may review the eligibility of an approved advance certification form:

(a) Annually;

(b) After any revision of this rule; or

(c) After a finding of the Commission that a reimbursement is not necessary to promote the use of waste tires.

Stat. Auth.: ORS 459.785 
Stats. Implemented: ORS 459.780 
Hist.: DEQ 28-1988, f. & cert. ef. 11-8-88; DEQ 26-1991, f. & cert. ef. 11-14-91

340-064-0150

Use of Waste Tire Site Cleanup Funds

(1) The Department may use cleanup funds in the Waste Tire Recycling Account, subject to the priorities set in OAR 340-064-0090, to:

(a) Pay to remove or process waste tires from a permitted waste tire storage site, if the Commission or director finds that such use is appropriate pursuant to ORS 459.780(2) and OAR 340-064-0160;

(b) Pay to remove or process waste tires or waste tire materials from a site pursuant to a signed negotiated settlement entered into by the Department and the applicable persons, pursuant to OAR 340-064-0155;

(c) Pay for abating a danger or nuisance created by waste tires or other waste tire materials, subject to cost recovery by the Attorney General pursuant to OAR 340-064-0165;

(d) Partially reimburse a local, state or federal government unit for the cost it incurred in abating a waste tire danger or nuisance. The Department may reimburse from 90 to 99 percent of the cleanup cost based on the degree of environmental risk posed by the site, as determined by OAR 340-064-0155;

(e) Cleanup funds may also be used under this rule to pay for removal of tires exempt by definition from Department regulation, if such tires are comingled with other waste tires.

(2) The Commission authorizes the Director to make a finding of whether use of cleanup funds is appropriate to assist a permittee, pursuant to ORS 459.780(2), provided that the Director's finding is based on criteria in this rule, OAR 340-064-0155 and 340-064-0160.

(3) Priority in use of cleanup funds shall go to sites ranking higher than other potentially eligible sites in criteria making them an environmental risk, pursuant to OAR 340-064-0155.

(4) For the Department to reimbursement a local, state or federal government unit for waste tire danger or nuisance abatement, the following must happen:

(a) The Department must determine that the site ranks high in priority criteria among remaining waste tire piles for use of cleanup funds, OAR 340-064-0155;

(b) The local, state or federal government unit and the Department must have an agreement on how the waste tires shall be properly disposed of;

(c) The agreement may require the local, state or federal government unit to assist the Department with recovery of costs from the responsible party if the cost of the abatement is $50,000 or more, or if the local, state or federal government unit wishes to pursue cost recovery from an abatement regardless of the cost.

(5) The Department may condition use of Waste Tire Recycling Account funds on use of a contractor who has a performance record free of significant violations of waste tire storage and carrier rules and statutes for the three years prior to a subject cleanup.

Stat. Auth.: ORS 459.775, ORS 459.780 & ORS 459.785 
Stats. Implemented: ORS 459.775 & ORS 459.780 
Hist.: DEQ 28-1988, f. & cert. ef. 11-8-88; DEQ 41-1990, f. & cert. ef. 11-15-90; DEQ 26-1991, f. & cert. ef. 11-14-91

 

340-064-0155

Criteria for Use of Funds to Clean Up Permitted Waste Tire Sites or Conclude Negotiated Settlements for Cleanups

(1) The Department shall establish an environmental ranking for waste tire piles of permittees requesting cleanup funds or of applicable parties requesting a negotiated settlement for cleanup, based on potential degree of environmental risk created by the tire pile. Sites with a higher ranking will in general be cleaned up before lower ranked sites. The following special circumstances shall serve as criteria in determining the degree of environmental risk. The criteria, listed in priority order, include but are not limited to:

(a) Susceptibility of the tire pile to fire. In this, the Department shall consider:

(A) The characteristics of the pile that might make it susceptible to fire, such as how the tires are stored (height and bulk of piles), the absence of fire lanes, lack of emergency equipment, presence of easily combustible materials, and lack of site access control;

(B) How a fire would impact the local air quality; and

(C) How close the pile is to natural resources or property owned by third persons that would be affected by a fire at the tire pile.

(b) Other characteristics of the site contributing to environmental risk, including susceptibility to mosquito infestation;

(c) Other special conditions which justify immediate cleanup of the site;

(d) A local fire district or a local government deems the site to be a danger or nuisance, or an environmental concern that warrants immediate removal of all waste tires.

(2) In determining the degree of environmental risk involved in the two criteria above, the Department shall consider:

(a) Size of the tire pile (number of waste tires);

(b) How close the tire pile is to population centers. The Department shall especially consider the population density within five miles of the pile, and location of any particularly susceptible populations such as hospitals.

(3) In the case of a waste tire storage permittee which is also a local government:

(a) The following special circumstances may also be considered by the Department in determining whether financial assistance to remove waste tires is appropriate:

(A) The tire pile was in existence before January 1, 1988;

(B) The waste tires were collected from the public, and the local government did not charge a fee to collect the tires for disposal;

(C) The pile consists of at least 1,000 waste tires.

(b) If all the above conditions are present, the Department may assist the local government with up to 80 percent of the net cost of tire removal, based on an index. The index will be determined by dividing the local government's population by the number of waste tires at the site. The percentage of cleanup cost which could be covered by financial assistance is as follows:

Table 1

 FINANCIAL ASSISTANCE TO LOCAL GOVERNMENTS

 Index — % Financial Assistance

Less than 1.0 — 80%

1.0 - 9.9 — 70%

10.0 - 99.9 — 60%

100.0 - 499.9 — 50%

Greater than 500 — 25%

(c) If a local government is out of compliance with its waste tire storage permit, the percentage of financial assistance from Table 1 may be reduced by ten percentage points.

(4) For waste tire pile cleanups initiated after the effective date of this rule, in determining the amount of financial assistance to a permittee who is not a local government, or the share of the applicable parties' costs under a negotiated settlement, the Department may use the following criteria:

(a) If the waste tire pile contains fewer than 1,000 passenger tire equivalents: The Department may pay 100 percent of the cost;

(b) If the waste tire pile contains from 1,000 to 100,000 passenger tire equivalents: The Department may pay 90 percent of the cost if the permittee or applicable party is a private individual or partnership; the Department may pay 80 percent of the cost for a corporation;

(c) If the waste tire pile contains more than 100,000 passenger tire equivalents: The Department will perform an analysis of the financial situation of the person. The person will be subject to a "spend-down" contribution to the cost of the cleanup based on the following:

(A) For individuals and partnerships:

(i) Income spend-down: The amount of the person's average gross income for the three preceding years less $32,000 must be contributed to the cost of the cleanup; and

(ii) Asset spend-down: The amount of the person's net assets (excluding one automobile and homestead, and, for businesses, excluding building, equipment and inventory) less $20,000 must be contributed to the cost of the cleanup;

(iii) However, the total spend-down requirement shall not exceed half of the person's average gross annual income for the preceding three years.

(B) For corporations:

(i) Income spend-down: The average gross household income for the three preceding years of each of the corporate officers who are also corporate stockholders, less $32,000 for each officer, must be contributed to the cost of the cleanup;

(ii) Asset spend-down: The amount of the corporation's net assets (excluding building, equipment and inventory) less $20,000 must be contributed to the cost of the cleanup; and

(iii) The Department's contribution to the cost of a cleanup for a corporation shall not exceed 80 percent.

(d) If a permittee or applicable party (other than a corporation) believes that the contribution required by the criteria in subsection (4)(b) of this rule would cause him or her financial hardship, he or she may request that the Department perform a financial analysis. After the analysis, the Department may reduce the required contribution as follows:

(A) The person's contribution may be limited to 50 percent of his or her average gross annual income for the preceding three years; or

(B) If the person's combined average income for the preceding three years and current net assets (excluding one automobile and homestead, and, for businesses, excluding building, equipment and inventory) are less than $32,000, the person's cost share may be reduced to $0.

(e) In order for the Department to complete any financial analysis under subsection (c) or (d) of this section, the person must submit state and federal tax returns for the past three years, a business statement of net worth, and similar materials. If the person is a business, the income and net worth of other business enterprises in which the principals of the person's business have a legal interest must also be submitted.

(5) The criteria in section (4) of this rule may not be applied retroactively to waste tire pile cleanups completed before the effective date of the rule.

(6) The criteria in section (4) of this rule may be applied to the cleanup of only those waste tire piles that existed before January 1, 1988, unless the Department determines that special circumstances exist which justify an exception.

(7) The director retains the discretion to depart from the criteria in subsections 4(b) and (c) of this rule in extraordinary circumstances.

(8) A permittee or applicable party may receive financial assistance or conclude a negotiated settlement with the Department for no more than one complete waste tire removal or processing job.

(9) The Department may advance funds for up to 100 percent of the cost of the removal of processing of waste tires or waste tire materials from a permitted waste tire site, if:

(a) The permittee demonstrates that it cannot pay its share of the cleanup cost, as calculated according to section (4) of this rule, at the time the cleanup is completed; and

(b) The permittee signs an agreement to repay the Department its share of the cleanup costs within a schedule agreeable to the Department, and with such guarantees as the Department deems appropriate.

Stat. Auth.: ORS 459.770, ORS 459.775, ORS 459.780 & ORS 459.785 
Stats. Implemented: ORS 459.775 & ORS 459.780 
Hist.: DEQ 28-1988, f. & cert. ef. 11-8-88; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 41-1990, f. & cert. ef. 11-15-90; DEQ 26-1991, f. & cert. ef. 11-14-92

 

340-064-0160

Procedure for Use of Cleanup Funds for a Permitted Waste Tire Storage Site

(1) The Department may recommend to the Commission or the director may find that cleanup funds should be made available to pay for cleanup of a permitted waste tire storage site, if all of the following are met:

(a) The site ranks relatively high in the criteria making it an environmental risk, pursuant to OAR 340-064-0155;

(b) The permittee submits to the Department a compliance plan to remove or process the waste tires. The plan shall include:

(A) A detailed description of the permittee's proposed actions, including how the waste tires will be processed or recycled;

(B) A time schedule for the removal and or processing, including interim dates by when part of the tires will be removed or processed;

(C) An estimate of the net cost of removing or processing the waste tires using the most cost-effective alternative. This estimate must be documented;

(D) Three bids competitively obtained from responsible contractors. The plan shall also show that the permittee selected the lowest responsible contractor. The contractor shall either be a waste tire carrier permitted by the Department, or be capable of processing the waste tires on site, or otherwise demonstrate why no such permit is required for the cleanup.

(c) The plan receives approval from the Department.

(2) As an alternative to subsections (1)(b) and (c) of this rule, the Department may obtain competitive bids to have the waste tires removed or processed. In such case the permittee shall be responsible for paying its share of the costs as determined by the criteria in OAR 340-064-0155 to the Department after the waste tires have been removed.

(3) If the Commission or the director finds that use of cleanup funds is appropriate, the Department shall agree to pay Department-approved costs in an amount determined by the criteria in OAR 340-064-0155 incurred by the permittee to remove or process the waste tires. Final payment shall be withheld until the Department's final inspection and confirmation that the tires have been removed or processed pursuant to the compliance plan and until the Department receives written documen-tation satisfactory to the Department that the permittee's share of the costs have been paid.

Stat. Auth.: ORS 459.770, ORS 459.775, ORS 459.780 & ORS 459.785 
Stats. Implemented: ORS 459.775 & ORS 459.780 
Hist.: DEQ 28-1988, f. & cert. ef. 11-8-88; DEQ 3-1990, f. & cert. ef. 1-24-90; DEQ 41-1990, f. & cert. ef. 11-15-90; DEQ 26-1991, f. & cert. ef. 11-14-91

 

340-064-0165

Use of Cleanup Funds for Abatement by the Department

(1) The Department may use funds in the Account to contract for the abatement of:

(a) A waste tire pile or other waste tire materials for which a person has failed to apply for or obtain a waste tire storage site permit;

(b) A permitted waste tire storage site if the permittee fails to meet the conditions of such permit;

(c) A waste tire pile or other waste tire materials which an owner of real property has failed to remove as required by the Department.

(2) The Department may abate any danger or nuisance created by waste tires or other waste tire materials by removing or processing the tires or waste tire materials. The Department shall follow environmental risk criteria in OAR 340-064-0155 in determining which sites shall be subject to abatement.

(3) Before taking any action to abate the danger or nuisance, the Department shall give any persons having the care, custody or control of the waste tires or waste tire materials, or owning the property upon which the tires are located, notice of the Department's intentions and order the person to abate the danger or nuisance in a manner approved by the Department.

(4) The Department may bring an action or proceeding against the property owner or the person having possession, care, custody or control of the waste tires or other waste tire materials to enforce the abatement order issued under ORS 459.780.

(5) If a person fails to take action as required under section (3) of this rule within the time specified, the Director may contract to abate the danger or nuisance.

(6) The order issued under section (3) of this rule may include entering the property where the danger or nuisance is located, taking the tires and waste tire materials into public custody and providing for their processing or removal.

(7) After the abatement, the Department, upon request, may conduct a hearing according to the provisions of ORS 183.310 to 183.550 applicable to contested case hearings to determine the financial responsibility of any party involved. Any person requesting a hearing shall present his or her reasons why he or she should not be considered financially responsible for the costs of the abatement. If a hearing is not requested, the Department may proceed to recover the costs incurred in abating the waste tires or other waste tire materials. This shall include providing an invoice to the responsible party with the Department's costs incurred in the abatement.

(8) The Department may bring an action or proceeding to recover any reasonable and necessary expenses incurred by the Department for abatement costs, including administrative and legal expenses. The Department's certification of expenses shall be prima facie evidence that the expenses are reasonable and necessary. In general, the Department will consider a person or persons who were the subject of an abatement conducted by the Department under this rule to be responsible for repaying the Department for the full costs of the abatement.

Stat. Auth.: ORS 459.775, ORS 459.780 & ORS 459.785 
Stats. Implemented: ORS 459.775 & ORS 459.780 
Hist.: DEQ 28-1988, f. & cert. ef. 11-8-88; DEQ 41-1990, f. & cert. ef. 11-15-90; DEQ 26-1991, f. & cert. ef. 11-14-91

 

340-064-0170

Procedure for Use of Cleanup Funds by Negotiated Settlement

(1) Instead of entering an order, the Department may enter into a negotiated settlement with any or all of the applicable parties, allowing the Department to enter and remove the waste tires or other waste tire materials on the property, if the following criteria are met:

(a) The site ranks high among other remaining sites in the criteria making it an environmental risk, pursuant to OAR 340-064-0155;

(b) The applicable parties agree to allow the Department of its contractors to enter the property and remove the waste tires or other waste tire materials;

(c) The applicable parties agree to pay to the Department, if so required by the Department pursuant to criteria in OAR 340-064-0155, either of the following:

(A) A specified sum of money representing the Department's costs in removing the waste tires or other waste tire materials from the property; or

(B) If the exact amount of the costs is unknown at the time of the agreement, a percentage of the Department's final costs incurred in removing the waste tires or other waste tire materials from the property.

(2) Upon completion of the waste tire removal, the Department shall send to the applicable parties a certified statement indicating the total cost of removal and the percentage of the total costs the parties are required to pay to the Department, if any.

Stat. Auth.: ORS 459.785 
Stats. Implemented: ORS 459.780 
Hist.: DEQ 26-1991, f. & cert. ef. 11-14-91

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