DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-2
PART 1  REGULATIONS PERTAINING TO SOLID WASTE SITES AND FACILITIES

Amendments to the Section 10 Regulations (Waste Tire Facilities and Waste Tire Haulers) and the Associated Revision of the Section 1.2 Definition of “End User”

(Adopted by the Solid and Hazardous Waste Commission on November 20, 2012)

1) Revise the definition of “End User” in Section 1.2 to read as follows:
1.2 	DEFINITIONS
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“End User” means a person who uses a tire-derived product for a commercial or industrial purpose.
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2) Revise Section 10.1.3 (Exemptions) to read as follows:
10.1.3   EXEMPTIONS
(1) 	This Section 10 does not apply to:
(A)	A person, including a local, state or federal government agency, who operates a vehicle that is primarily engaged in the collection and transportation of solid wastes other than waste tires; 
(B)	A person who only travels through the state with waste tires as part of interstate commerce and does not deposit, transfer, store or dispose of any waste tires within this state;
(C)	A person who transports products made from waste tires for sale or other distribution; 
(D)	A person who transports only tires that have been used but retain demonstrable and documented value for re-use or re-sale; 
(E)	A private citizen who transports their own waste tires for non-commercial purposes to a Waste Tire Hauler or any Waste Tire Facility; 
(F)	Household Hazardous Waste roundup events, community cleanup events, and other one-time or occasional collection events where waste tires are accepted for drop-off by private citizens and where the waste tires are picked up by a registered Waste Tire Hauler and transported to the facility of a registered Waste Tire Hauler or any registered Waste Tire Facility at the conclusion of the event;
(G)	A private citizen who beneficially uses less than ten (10) waste tires;
(H) 	A private citizen who beneficially uses ten (10) or more waste tires with written approval from the Department.  Persons beneficially using waste tires must comply with:
(1)	Section 10.3 if they transport their own waste tires, 
(2)	Section 10.6 if they process waste tires at the facility, and 
(3)	Beneficial users shall not have on-site at any one time more than five hundred (500) waste tires not yet beneficially reused.
(2) 	Solid Waste Landfills, Transfer Stations, and Recycling Facilities that accumulate waste tires by separating them out of the solid waste streams are exempt from Section 10.7 of these Regulations if they: 
	(1)	Store less than 500 waste tires outdoors at their facility, and
	(2)	Store less than 1,000 waste tires at their facility. 	
(3) 	Local, state, and federal government agencies that store waste tires as part of road-side cleanup activities are exempt from Section 10.7 if they: 
(1)	Store less than 500 waste tires outdoors at their facility, and 
(2)	Store less than 1,000 waste tires at their facility.

3) Revise paragraph (B) of Section 10.3.1 (Standards for Waste Tire Hauling – General) to read as follows:
SECTION 10.3 - STANDARDS FOR WASTE TIRE HAULING
10.3.1 GENERAL
(A) 	******

(B)	A person registered as a Waste Tire Hauler pursuant to Section 10.3.3 of these Regulations may pick up waste tires from a person or private citizen exempted from this Section 10, who is not registered as a Waste Tire Facility as long as the Waste Tire Hauler creates a manifest for the load of waste tires pursuant to Section 10.3.5 of these Regulations, and ensures delivery of the waste tires only to a facility listed in Section 10.3.1(A) above.
(C) 	******* 
(D)	****** 

4) Revise paragraphs (B), (C) and (E) of Section 10.3.3 (Waste Tire Hauler Decals) to read as follows:
SECTION 10.3 - STANDARDS FOR WASTE TIRE HAULING
10.3.3 WASTE TIRE HAULER DECALS
	(A) 	******  
	(B) 	Waste Tire Haulers will receive Waste Tire Hauler decal(s) for their facility and for each 	vehicle from the Department along with their Certificate of Registration. Each decal will 	have a unique number.
(C) 	Each Waste Tire Hauler vehicle and facility decal shall be valid until March 15 of the following year and will have a unique number. Upon the expiration date, a Waste Tire Hauler must submit a new application for a Certificate of Registration pursuant to section 10.3.2 above.
	(D)	****** 
(E) 	A Waste Tire Hauler must post or affix their facility decal to a prominent location at the address of the Waste Tire Hauler.
	
	(F) 	******

5) Revise paragraph (B) of Section 10.3.6 (Annual Report) to read as follows:
SECTION 10.3 - STANDARDS FOR WASTE TIRE HAULING
10.3.6 ANNUAL REPORT
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	(A) 	****** 
	(B) 	The annual report must be delivered to the Department, via certified mail, regular mail, 	facsimile, hand delivery, or electronically by April 1 of each year and must include 	the following:
		******

6) Revise Section 10.3.7 (Waste Tire Hauler Facilities) to read as follows:
SECTION 10.3 - STANDARDS FOR WASTE TIRE HAULING
10.3.7 WASTE TIRE HAULER FACILITIES
	Notwithstanding the requirements of Section 10.2.2 of these Regulations and the definition of “Waste Tire Collection Facility” in Section 1.2, a Waste Tire Hauler is not considered a Waste Tire Collection Facility and is not subject to Section 10.7 of these Regulations if they store less than 500 waste tires outdoors at their facility and store less than 1000 waste tires at their facility for less than ninety (90) days.
	Conversely, a Waste Tire Hauler who stores more than these amounts of waste tires or stores a waste tire for more than ninety (90) days becomes a Waste Tire Collection Facility subject to the requirements of Section 10.7 of these Regulations.

7) Revise paragraph (F)(1) of Section 10.4.2 (General Standards for Tire Retailers, Wholesalers and Fleet Service Facilities) to read as follows:

10.4 - STANDARDS FOR TIRE RETAILERS, WHOLESALERS, AND FLEET SERVICE FACILITIES
10.4.2 GENERAL STANDARDS FOR TIRE RETAILERS, WHOLESALERS AND FLEET SERVICE FACILITIES
	******
	(F) 	Notwithstanding the requirements of Section 10.2.2 of these Regulations and the 	definition of “Waste Tire Collection Facility” in Section 1.2, Tire Retailers, Wholesalers 	and Fleet Service Facilities are not considered Waste Tire Collection Facilities and are 	not subject to Section 10.7 of these Regulations if they:
 		(1) Store less than 500 waste tires outdoors at their facility, and
		(2) ******
	******

8) Revise paragraph (A) of Section 10.5.5 (Manifest Requirements) to read as follows:
10.5 - STANDARDS FOR WASTE TIRE MONOFILLS
10.5.5 MANIFEST REQUIREMENTS
(A) 	Unless accepting waste tires from a person or private citizen exempted from this 	Section 10, no Waste Tire Monofill may accept a shipment of waste tires from a Waste Tire Hauler without an accompanying manifest properly completed pursuant to section 10.3.4 of these Regulations.
	****** 

9) Revise paragraph (A) of Section 10.5.7 (Reporting Requirements) to read as follows:
10.5 - STANDARDS FOR WASTE TIRE MONOFILLS
10.5.7 REPORTING REQUIREMENTS
	(A) 	All Waste Tire Monofills shall submit an annual report to the Department and local 	governing body having jurisdiction by April 1st of each year on the Waste Tire Facility 	Annual Reporting Form (Form WT-5). The annual report shall include the amount 	of waste tires received at the facility, how many waste tires were processed at the facility, 	and how many waste tires were shipped off-site from the facility for the preceding 	calendar year.
	****** 

10) Revise paragraph (A) of Section 10.6.5 (Manifest Requirements) to read as follows:
10.6 - STANDARDS FOR WASTE TIRE PROCESSORS AND ENDUSERS
10.6.5 MANIFEST REQUIREMENTS
(A)	Unless accepting waste tires from a person or private citizen exempted from this Section 10, no Waste Tire Processor or End-User may accept a shipment of waste tires from a Waste Tire Hauler without an accompanying manifest properly completed pursuant to section 10.3.4 of these Regulations. 
	******  

11) Revise paragraph (A) of Section 10.6.7 (Reporting Requirements) to read as follows:
10.6 - STANDARDS FOR WASTE TIRE PROCESSORS AND ENDUSERS
10.6.7 REPORTING REQUIREMENTS
	(A)	All Waste Tire Processors and End-Users shall submit an annual report to the 	Department and local governing body having jurisdiction by April 1st of each year 	on the Waste Tire Facility Annual Reporting Form (Form WT-5). The annual report shall 	include 	the amount of waste tires received at the facility, how many waste tires were 	processed at the facility, and how many waste tires were shipped off-site from the facility 	for the preceding year.
	****** 

12) Revise paragraph (A) of Section 10.6.7 (Reporting Requirements) to read as follows:
10.7 - STANDARDS FOR WASTE TIRE COLLECTION FACILITIES 
10.7.5 MANIFEST REQUIREMENTS
(A) 	Unless accepting waste tires from a person or private citizen exempted from this 	Section 10, no Waste Tire Collection Facility may accept a shipment of waste tires from a Waste Tire Hauler without an accompanying manifest properly completed pursuant to section 10.3.4 of these Regulations.
	****** 

13) Revise Section 10.7.7 (Reporting Requirements) to read as follows:
10.7 - STANDARDS FOR WASTE TIRE COLLECTION FACILITIES 
10.7.7 REPORTING REQUIREMENTS
	All Waste Tire Collection Facilities shall submit an annual report to the Department and local governing body having jurisdiction by April 1st of each year on the Waste Tire Facility Annual Reporting Form (Form WT-5). The annual report shall include the amount of waste tires received at the facility, and how many waste tires were shipped off-site from the facility for the preceding calendar year.