ILLINOIS POLLUTION CONTROL BOARD

August

 8, 1991

IN THE MATTER OF:

)

MANAGEMENT OF

)

 R90-9(B)

USED AND WASTE TIRES

)

 (Rulemaking)

PROPOSED RULE.

 FIRST NOTICE.

OPINION AND ORDER OF THE BOARD

 (by J

•

 C. Marlin):

°~:

 April

25,

1991

the

 Board

 adopted

in

 Docket

 R90-9(A)

regulations concerning the processing, storage, transportation and

disposal of used and waste tires.

 At the time of that Order the

Board opened this docket for the purpose of repealing 35 Illinois

Administrative

 Code Part

 849,

 for further consideration

of

the

retreaders/recyclers exemption contained in Docket A, and to refine

certain provisions of these rules e.g. the pesticide application

provisions,

 etc.

The

 Board

 proposed

a

 “package1’

of

 these

 provisions

for

consideration by the participants in its Order of July 11,

 1991.

Because the

 effective date

of

 the new management

 standards

is

January

1,

 1992,

 the Board requested public comment upon both the

standards adopted in Docket A and the new proposal to be submitted

by August

1,

 1991.

 The Board did not receive any public comments

by that date.

 By today’s action the Board proceeds to First Notice

publication of the proposal in the Illinois Register.

DISCUSSION

Exemptions for Tire Retreading Facilities

During

the

 course

of

the

 R90-9(A)

 proceeding,

 tire

remanufacturers

 (retreaders)

 expressed

 concern

 regarding

the

management standards proposed by the Agency, particularly, the 14

day storage limitation and the fire exposure separation distances.

The testimony presented at the hearings

Tr.

No.

 1, pp. 98-104 and

Tr. No.

2,

pp.

 101-102

 indicate that these facilities will have

to manufacture at least 500 tires of a specific type at a time to

achieve economies of scale

 in production,

 and further notes that

it is not possible to collect 500 tires of a kind within 14 days.

Therefore,

 as a practical matter,

 far more than 500 tires must be

stored on site at any given

 time.

 In order

 to have efficient

production, affected participants stated that retreading facilities

need to maintain sufficient inventory with a turnover time in the

range of 2 to 3 months.

The testimony presented at the August 10, 1990 hearing Tr.2

pp.

 118-127

 and the comments filed with the Board

 PC9)

 indicate

125—99

2

that the proposed fire exposure separation distances will place

a

considerable burden on tire retreading facilities located in urban

areas having limited property.

In PC #14 the Agency proposed exempting tire retreaders from

certain management

 standards.

 The Agency proposal included the

following observation:

In proposing these revisions the Agency is motivated

by

 a heightened awareness that remanufacturers

of

tires play an important role in contributing to the

solution to the problem of waste tires.

 By reusing

otherwise unusable tires the remanufacturer prevents

those

 tires

 from being

 landfilled

or

 improperly

discarded.

 The Agency

 believes that adoption of

the proposed regulations could create a regulatory

environment

 where

 small

and

 medium

 size

remanufacturers

as

 a category of facilities could

not legitimately operate.

 Therefore the following

additional comments are made with the recognition

that

 tire

 remanufacturers

are

 performing

an

important role related to used and waste tires and

that their activities should be encouraged and not

prohibited when carried out

 in an environmentally

safe manner.

The

 Agency

 suggested

 changes

 which

 provide, exemptions

to

retreading facilities from specific requirements of the management

standards of Section 848.202.

 The Agency’s proposal exempts sites

at which tires are retreaded from the pile separation requirements

of subsections 848.202

 (b) (1),

 (b) (2),

(C)

(4) and

 (C) (5), and the

earthen berm requirement of subsection 848.202

 (d) (3) based on the

number of tires stored, the size of the tire storage unit, and the

number of tires retreaded on a daily basis.

 The Agency believes

that

 these

 exemptions

 will

 provide

 relief

to

 legitimate

 tire

remanufacturers from the fire protection and mosquito management

standards.

The Board agrees that tire retreaders need relief from certain

requirements in the adopted rule and, therefore, proposes to adopt

new Section 848.206 which allows tire retreaders to develop and

implement alternate management standards to minimize the threat of

fire and mosquito breeding.

 This Board

 soliôits comments

 from

interested parties on the advisability of adopting this section.

Under this proposal, existing large retreaders will be exempt

from certain provisions

 if they have a storage unit no more than

500

 feet by

500

 feet

by

20

 feet

 (dimensions

 suggested by the

Agency); the site operator was registered with the U.S. Department

of Transportation (U.S. DOT) prior to April 25, 1991; and retreads

at least 500 tires per day.

 The date April

25,

 1991 was chosen

because

it

is

the

day

the

 Board

 finalized

 Docket

A

of

 this

125—100

proceeding.

 The intent is that a site which operated under a U.S.

DOT registration

 on that date will

 meet the 848.206

 (a) (1) (B)

requirement despite changes of ownership.

As

 suggested

by

the

 Agency

the

 exemption

 will

 apply

to

848.202(b)(1),

 (b)(2),

 (c)(4)

and

 (c)(5).

 These

 subsections

involve

 separation

of

 piles,

 distance

 from buildings,

 stacking

requirements, and unit size.

 The Board additionally proposes an

exemption from 848.202(b) (5) which requires that tires be “altered,

reprocessed,

 converted,

 covered

or

 otherwise

 prevented

 from

accumul~tingwater” within

 14 days of receipt.

 Large retreaders

will be allowed to control mosquitoes by an alternate method to be

detailed in the contingency plan pursuant to Section 848.203.

The

Agency suggested limiting the exemption to retreaders located in

Chicago.

 The Board proposal applies statewide.

At

 hearing,

 Lakin

 General

 raised

the

 issue

of

 whether

retreaders should receive a credit in terms of financial assurance

requirements

for

 retreadable

 tires

 (TR.1,

 p.170).

The

 Board

proposes to exempt retreadable tires stored on site from removal

cost estimate calculation under Section 848.404.

 These tires have

intrinsic value beyond their fuel potential and are not likely to

be abandoned.

 Tire derived fuel stored at the site

it

 is to be

burned

 is exempt from financial assurance.

 Under this reasoning

it likewise makes sense to exempt retreadable tires.

 The proposal

also exempts up to 2000 other tires

 from the financial assurance

calculation.

 This will prevent a situation where a retreader must

seek financial assurance for a small number of used or waste tires.

New large sites will be exempt from 848.202 (b) (5),

 and have

the same financial assurance requirements as existing large sites.

It is assumed that a new site will be selected

 in an area large

enough to meet the spacing requirements.

Small

 retreading

 sites

 with

 less

 than

500

 tires

and

the

capacity to retread at least 20 tires per day are currently exempt

from financial assurance requirements and 848.202(c)(4),

 (c)(5),

and (d)(3).

 The proposed rule exempts them from 848.202(b) (1) and

(b) (2) as well.

 Given the small number of tires involved the Board

does not propose to exempt them from

 (b) (5).

Pesticide Treatment

The proposed amendment to the Pesticide Treatment Section,

848.205, will make that section applicable to the entire Part and

Title XIV of the Act rather than just Section 848.203.

 The rule

will then be applicable to most tire piles that are subject to the

provisions of the Act and rules.

Existing Part 849

125—101

4

Part 849, the original rules for management of scrap tires to

control

 mosquitoes,

 is proposed to be

 repealed.

 Part 849 will

remain in force, however, until this proposal becomes a final rule

and takes effect.

Section 848.202

At

 subsection

 ~4~.2U~(~)(6),

the

 Board

has

 replaced

the

reference to Part 807 with a reference to Subtitle G, since it is

more inclusive of the landfill permitting requirements.

ORDER

The following

 rules

 are hereby

 submitted

for

 First

 Notice

publication.

 The Board directs the Clerk of the Board submit these

rules to the Secretary of State for publication in the Illinois

Register.

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER m:

 USED AND WASTE TIRES

PART 848

MANAGEMENT OF USED AND WASTE TIRES

SUBPART A:

 GENERAL

Section

848.101

 Applicability

848. 102

 Severability

848.103

 Other Regulations

848.104

 Definitions

848.105

 Incorporation by Reference

SUBPART B:

 MANAGEMENT STANDARDS

Section

848.201

 Applicability

848

•

202

 Requirements

848.203

 Contingency Plan

848.204

 Storage of Used and Waste Tires Within Buildings

848.205

 Pesticide Treatment

848.206

 Exemptions for Tire Retreading Facilities

125—102

5

SUBPART C:

 RECORDKEEPING

AND

REPORTING

Section

848.301

848.302

848.303

848.304

848.305

848.3O6~

Section

848.400

848.401

848.402

 848.403

848.404

848.406

848.407

848.408

848.410

848.413

848.415

Section

848.501

848.502

848.503

848.504

848.505

848.506

848.507

848.508

848.509

Section

848

601

848. 602

848. 603

848. 604

848.605

848. 606

Applicability

Records

Daily Tire Record

Annual Tire Summary

Retention of Records

Certification

SUBPART

D:

 FINANCIAL ASSURANCE

Scope and Applicability

UpgraUing Financial Assurance

Release of Financial Institution

Application of Proceeds and Appeal

Removal of Cost Estimate

Mechanisms for Financial Assurance

Use of Multiple Financial Mechanisms

Use of a Financial Mechanism for Multiple Sites

Trust Fund

Letter of Credit

Self—Insurance for Non-commercial Sites

SUBPART

E:

 TIRE REMOVAL AGREEMENTS

Applicability

Removal Performance Standard

Contents of Proposed Tire Removal Agreements

Time Allowed for Tire Removal

Removal Plan

Initiation of Tire Removal

Certification of Removal Completion

Agency Approval

Board Review

SUBPART F: TIRE TRANSPORTATION REQUIREMENTS

Tire Transportation Prohibitions

Tire Transportation Registrations

 Agency Approval of Registrations

Registration No Defense

Duration and Renewal

Vehicle Placarding

848.Appendix A FINANCIAL

ASSURANCE

 FORMS

125—103

6

Illustration A “Trust Agreement”

Illustration B “Certification of Acknowledgement”

Illustration E “Irrevocable Standby Letter of Credit”

Illustration C “Owner or Operator’ s Bond Without Surety”

Illustration D “Owner or Operator’s Bond With Parent

Surety”

Illustration E “Letter from the Chief Financial Officer”

AUTHORITY:

 Implementing Section 55.2 and authorized by Section 27

of the ~nvironmental Protection Act

 (Ill. Rev. Stat.

 1989, ch. ill

1/2, pars

 1055.2 and 1027).

SOURCE:

 Adopted in R90—9 (A), at 15 Ill. Reg.

 7959, effective May

10,

 1991;

 amended in R90—9(B)

at

 15 Ill. Reg.

 effective

SUBPART A:

 GENERAL

Section 848.101

 Applicability

Section 55 of the Illinois Environmental Protection ~ct

 tIll. Rev.

Stat.

 1989,

ch.

111

 1/2,

 par,

 1055)

 sets

 forth

 prohibitions

relative to the storage, processing,

 disposal and transportation

of used and waste tires.

 This Part sets forth rules establishing

further requirements relative to the storage, processing, disposal

 and transportation of used and waste tires.

This Part 3ha11 not apply to any site at which tires are retreaded

if the owner or operator of such a si.te holds a valid registration

as

a

 tire retreader purauant to

49

 CFfl 571.117

and

49

CFR

574

(incorporated by reference at Cection 040.105)

 and complies with

~c

T11

~im..

(~r~d~

flU~

SUBPART B:

MANAGEMENT

STANDARDS

Section 848.202

 Requirements

a)

 Unless exempted by Section 848.201, owners and operators

of tire storage sites and tire disposal sites shall meet

the requirements

 of this Section.

 These

 requirements

shall apply to all used or waste tires

 located at the

site,

 including

 altered

 tires,

 converted

 tires

and

reprocessed tires.

b)

 At sites at which more than 50 used or waste tires are

located the

 owner

 ‘or

 operator shall

 comply

 with

the

following requirements:

125—104

7

1)

 Used

or

 waste

 tires

 shall

not

be

 placed

on

or

accumulated

in

 any pile

 outside of

 any building

unless the pile is separated from all other piles

by

no

 less

 than

25

 feet

and

 aisle

 space

is

maintained to

 allow the unobstructed movement

of

personnel and equipment.

2)

 Used or waste tires shall not be accumulated in any

area

 located

 outside

 of any building unless

the

accumulation

is

 separated

 from

all

 buildings,

whether on

or

off

the

 site,

 by no

 less than

25

feet.

3)

 Used

 or waste

 tires

 shall

not

be

 placed

on

or

accumulated

in

any

 pile

 unless

the

 pile

is

separated

 from

all

 potential

 ignition

 sources,

including

 cutting

anc

 welding

 devices,

and

 open

fires,

by

not

 less

 than

250

 feet

or

all

 such

activities are carried out within a building.

4)

 Used or waste tires shall be drained -of water

on

the day of generation or receipt.

5)

 Used or waste tires received at the site shall not

 be stored unless within 14 days after the receipt

of

any

 used

 tire

the

 used

 tire

is

 altered,

reprocessed,

 converted,

 covered

or

 otherwise

prevented

 from accumulating water.

 All used and

waste tires

 received

 at the site before

 June

1,

1989,

 shall

be

 altered,

 reprocessed,

 converted,

covered or otherwise prevented

 from

 accumulating

water by January

1,

 1992.

6)

 USED OR WASTE TIRES

SHALL

NOT BE ABANDONED, DUMPED

OR

 DISPOSED

ON

 PRIVATE

OR

 PUBLIC

 PROPERTY

IN

ILLINOIS,

 EXCEPT

 IN A LANDFILL PERMITTED BY

THE

AGENCY

 PURSUANT

TO

35

 ILL.

 ADM.

 CODE

 PART

007

Subtitle G.

 (Section 55(a) (5)

 of the Act)

7)

 Used or waste tires shall not be accepted from a

vehicle

in

 which

 more

 than

 20 tires

are

 loaded

unless the vehicle displays a placard issued by the

Agency under Section 848:

 Subpart F.

8)

 Tires shall not be accumulated in an area

 if the

grade

of

 the ground

 surface

 exceeds two percent

slope unless the requirements of subsection

 (d)(3)

of this Section are met.

c)

 In addition to the requirements set forth in subsection

(b),

the

 owner

or

 operator

 shall

 comply

 with

the

125—105

8

following requirements at sites at which more than 500

used or waste tires are located.

1)

 A contingency plan which meets the requirements of

Section 848.203 shall be maintained.

2)

The

 recordkeeping

and

 reporting

 requirements

of

Subpart C shall be met.

3)

 Used

or

 waste

 tires

 shall

not

be

 placed

on

or

accumulated

in

any

 pile

 unless

the

 pile

is

separated from

 grass,

 weeds,

 brush,

 over—hanging

tree limbs and similar vegetative growth by no less

than 50 feet.

4)

 Used

or

 waste

 tires

 shall

not

be

 placed

on

or

accumulated

in

any

 tire

 storage unit

 unless the

unit is no more than 20 feet high by 250 feet wide

by

250

 feet

 long.

 In determining the width

or

length of any tire storage unit,

 the aisle space

between

any

 piles

 within

the

 unit

 shall

be

included.

5)

 Used

or

 waste

 tires

 shall

not

be

 placed

or

accumulated in any tire storage unit unless one of

the following requirements is met:

A)

 The tire storage unit

 is separated from all

buildings, whether located on or off the site,

and all other tire storage units by an earthen

berm

 that

is

no

 less

 than

1.5

 times

the

maximum height

of

 any tire pile within

the

storage unit; or

B)

 The tire storage unit is separated from all

buildings, whether located on or off the site,

and

all

 other

 tire

 storage

 units

by

a

separation distance that is not less than the

distance identified by the following:

125—106

9

Required Separation Distances

From Tire Storage Units

 (in feet)

Tire Storage Unit Height.

(in feet)

Unit Face

50

75

93

107

118

Dimensions

100

100

128

146

164

(feet)

d)

 In addition to the requirements set forth in subsections

(b) and

 (c) of this Section, the owner or operator shall

comply with the following requirements at sites at which

more than 10,000 used or waste tires are located.

1)

 The area of the site where used or waste tires are

stored shall be completely surrounded by fencing in

good

 repair

 which

is

not

 less

 than

6

 feet

in

height.

2)

 Entrance to the area where used or waste tires are

located

 shall

be

 controlled

at

all

 times

by

an

attendant,

 locked

 entrance,

 television

 monitors,

controlled

 roadway

 access

or

 other

 equivalent

mechanisms.

3)

 The area of the site where used or waste tires are

stored shall be completely surrounded by an earthen

berm or

 other

 structure not

 less than

2

 feet

in

height

 except

 that

the

 owner

or

 operator

 shall

provide a means for access through or over the berm

or

 other

 structure,

 capable

 of containing runoff

resulting

 from

 tire

 fires,

 accessible

by

 fire

fighting equipment.

Section 848.205

 Pesticide Treatment

Owners or operators of tire storage sites or tire disposal sites

treating used or waste tires with pesticides pursuant to Cection

040.203 this Part or Title XIV of the Act shall meet the following

requirements:

125—107

10

a)

 Maintain a record of pesticide use at the site.

 Such

a

 record

 shall

 include the

 following information

for

each application:

1)

 Date of pesticide application;

2)

 Number of used or waste tires treated;

3)

 Amount of pesticide applied; and

4)

 Type of pesticide used.

b)

 Notify the Agency of pesticide use within

 10 days of

each application.

 The notification

 shall

 include the

information listed in subsection

 (a).

c)

 Persons applying pesticides to used and waste tires must

comply with the requirements of the Illinois Pesticide

Act

 (Ill.

 Rev.

 Stat.

 1989,

ch.

5,

 par.

801

 et seq.).

Information is available from:

Illinois Department of Agriculture

Bureau of Plant

 & Apiary Protection

State Fairgrounds

P.O. Box 19281

Springfield,

 IL 62794—9281

New

 Section

Section 848.206

 Exemptions for Tire Retreading Facilities

a)

 Existing

 sites.

 Sites

 which

 meet

the

 conditions

of

subsection

 (a) (1) are exempt as set out in subsection

 (a) (2).

1)

 Conditions for exemption.

A)

 Size

of

 unit.

 The storage unit

 is no more

than 20 feet high by 500 feet wide by 500 feet

long,

 including the aisle

 space between

any

piles within the unit.

B)

 Registration.

 The site was operated by a tire

retreader who.~as of April

25.

 1991,

 held a

valid registration with the U.S. Department of

Transportation as

a

 tire retreader under

49

CFR 571.117 and 574.

C)

 Equipment.

 The retreader:

1)

Has

 eguipment

at

the

 site

 which

is

capable of retreading at least 500 tires

125—108

11

per day when operated in accordance with

the

equipment manufacturer’ s specifications:

and

ii)

 Maintains documentation at the site which

demonstrates- that an average

of

500

or

more tires per day were retreaded at the

site

 during

the

 previous

two

 calendar

months.

-2)

 Scope of exemption.

A)

 Pile

 separation

 distances

 specified

at

subsections 848.202(b) (1)

and

 (b) (21. storage

limitation

on

 whole

 tires

 specified

at

subsection

 848.202(b)(5).

 tire

 storage unit

requirements

of

 subsections

 848.202

 (cI (4).

(c) (5).

 and the earthern berm requirement of

subsection 848.202

 (dl (3) do not apply.

B)

 The cost of removing the following is excluded

from the cost estimate under Section 848.404:

i)

 All retreadable tires:

and

ii)

 Up to 2000 other tires.

~j

 Alternate Management Standards.

As

 a part of the

contingency plan requirements

 of Section 848.203.

the owner

 or operator shall develop and implement

a tire storage elan within 60 days of the effective

date of these regulations to minimize the threat of

 fire

 and inosquitoe

 breeding.

 Such

 a plan shall

include

but

not

be

 limited

to

 tire

 storage

arrangements, aisle space,

 access to fire fighting

personnel

and

 equipment,

 mosquito inspection and

control.

1~)

 New sites.

 Sites which meet

 the conditions

 of subsection

(b) (1) are exempt as set out in subsection

 (b) (21.

1)

 Conditions for exemption.

A)

 Size

of

 unit.

The

 storage unit

 is no more

than 20 feet high by 500 feet wide by 500 feet

long,

 including the aisle

 space

 between any

piles within the unit.

B)

 Registration.

 The site is operated by a tire

retreader

 who,

 since

 April

25,

 1991,

 first

obtained

a

 valid registration with the

 U.S.

125—109

12

Department

of

 Transportation

as

a

 tire

retreader under 49 CFR 571.117 and 57.4.

C)

 Equipment.

 The retreader:

Has

 eauipment

at

the

 site

 which

is.

capable of retreading at least 500 tires

per day when operated in accordance with

the

 equipment

 manufacturer’s

specifications:

and

ii)

 Maintains documentation at the site which

demonstrates that

 an average of

500

or

more tires per day were retreaded at the

site

 during

the

 previous

two

 calendar

months.

2)

 Scope of exemption.

A)

The

 storage

 limitation

for

 whole

 tires

specified at subsection 848.202(b) (5) does not

apply.

B)

 The cost of removing the following is excluded

from the cost estimate under Section 848.404:

 All retreadable tires;

and

ii)

 U~to 2000 other tires.

C)

 Small sites.

 Sites which meet, the conditions of subsection

(cI (1)

 are exempt as set out

 in subsection

 (cI (2).

1)

 Conditions for exemption.

A)

 Size

 of unit.

 The storage unit contains no

more than 500 used or waste tires.

B)

 Registration.

 The site is operated by a tire

retreader who holds a valid registration with

the

 U.S.

 Department

of

 Transportation

as

a

tire retreader under 49 CFR 571.177 and 574.

C)

 Equipment.

 The retreader:

1)

Has

 equipment

at

the

 site

 which

is

capable of retreading at least

 20 tires

per day when operated in accordance with

equipment manufacturer’s

 specification

and

125—110

13

ii)

 Maintains documentation at the site which

demonstrates that an average of 20 tires

per day were retreaded at the site during

the previous two calendar months.

2)

 Scope of exemption.

 The pile separation distances

specified at Section 848.202

 (bIf1)

and

 (b)(2)

do

not apply.

3)

 Alternate Management Standards.

 As a part of the

contingency

 plan requirements of Section 848.203,

the owner or operator shall develop and im~1ement

a pesticide application plan within 60 days of ‘the

effective date of these regulations to minimize the

threat

 of inosquitoe breeding.

 Such a plan shall

include

 mosguitoe

 inspection

and

 control

requirements.

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER m:

 MANAGEMENT OF

SCRAP

TIRES

PART 849

MANAGEMENT OF SCRAP TIRES

Cection

iuj.

 Definitions

e~Ar1

 1fl’~

PR1-~i1~-~~

Reporting and Record K

Management Ctandards f

NOTB~

 CapitaliEation denotes statutory language.

Definitions

849. 103

A fl

.lption3 of Ccrap Ti

~S-4).luD

 Alternate Management Programs For Accumulations or Lcrap

Tires

~-49.10G Pesticide Application

AUTHORITY:

 Implementing Cection 22 and authorized by Cection 27

of the Environmental Protection Act

 (Ill.

 11ev.

 Otat.

 1907,

oh.

ill

1/2

 pars.

 1022 and 1027)

COURCE:

 Emergency rules adopted in

1108

12 at

 12 Ill.

 fleg.

0485

effective flay

1,

 1900, for a ma~timuntof 150 days; emergency expired

Deptember

20,

 1908;

 adopted

in

 1108-24

at

13

 Ill.

 flag.

 7949,

effective

 .Tun~!1~ 1’)fl~L.

125—

111

14

Except as stated herein and unless a different meaning of

 a word

or term

 is clear from

 its, context,

 the definitions of words or

terms as arc used in this Part shall be the same as those used in

the Environmental Protection Act

 (Act)

 (Ill.

 Rev. Ctat.

 1967,

111 1/2, par. 1001 et seq.).

oh.

“Converted Tire” means

tire

which

has

been

 manufactured

into

usable

product

othcr

than

tire,

otherwise

altered

so

that

it

longer

capable

holding

accumulations of water.

 Converted tires include, but are

not limited to, those which have bccn~shredded, chopped-i

drilled

with

holes

 sufficient to assure

 drainage;

 slit

longitudinally and stacked so as not to collect water; or

wholly or partially

 filled with

 soil,

 cement

 or, other

material to prevent accumulation of water.

 “Conversion”

or “converting” means an action which produces a convertcd

tire.

~Generation” means the creation of a scrap tire by removal

of a tire from a wheel

 (rim).

“New Tire” means a tire which has never been placed on a

motor vehicle wheel

 (rim)

 for use.

“PERCON”

IC

ANY INDIVIDUAL,

 PARTNE11CIIIP,

PARTNERCHIP,

FIflN,

 COMPANY,

 CORPORATION,

 ACCOCIATION,

 JOINT

 CTOCK

COMPANY,

TRUCT,

 ECTATE,

 STATE AGENCY,

 011 ANY

OTHER

LECAL

ENTITY,

 011 THEIR LEGAL REPRECENTATIVE, AGENT

 011 ACCICNC.

-(Section 3.26 of the Act.)

“Reprocessed Tire” means a tire which has been recapped,

retreaded or regrooved and which has not been placed on

a motor vehicle vhecl

 (rim) since being reprocessed.

“Scrap Tire” means a tire which ha3 been removed from use

on a motor vehicle and separated from the wheel

 (rim).

Any

 tire

 which

is

not

a

new

 tire,

 converted tire

or

reprocessed tire is considered to be

 a scrap tire until

it

is

 placed

on

a

 motor

 vehicle

 wheel

 (rim).

A

reprocessed or new tire which is commingled with or placed

within an accumulation of scrap tires is considered to be

a scrap tire.

 For the purposes of this Part only, a scrap

tire is considered to be a waste.

“Tire” means

 a hollow ring, made of rubber

 or similar

material, which

 is designed for placement on the wheel

(rim) of a motor vehicle.

Cection 049.102

 Severability

If

 any provision of

application

 thereof

this Part

is

to

any

 person

adjudged

or

in

invalid,

or

if

any

 circumstance

the

is

125—1 12

thereof

 riot adjudged invalid.

a)

Any

person subject to the

or 049.105 shall by July

Environmental Protection

requirements of

1,

 1909,

 report

Agency (Agency)

Sect

to

the

ions 049.104

the Illinois

information

required in subsection

 (c).

1~)

 accumulates more

*hnn

....,

 who after July 1, 190~,

50 scrap tires such that he is subject to the requirements

of Sections 049.104 or 849.105 shall report to the Agency

within

45

 days

 of accumulation of

 such scrap tires the

information required in subsection

 (c).

1)

 The legal name and post office address of the person

making the report

2)

 The legal name and post office address of the owner

of the site or facility and of the operator of the

site or facility if the operator is

 a person other

 than the owner;

3)

 The location

of

 the accumulation

 including street

address,

 municipality

or

 township,

 county,

and

if

appropriate, descriptions of rural locations;

4)

The

 approximate

 number

of

 scrap

 tires

at

the

location;

5)

 Whether the person ships to or receives scrap tires

from other

 locations and

the

 estimated

 number

of

scrap tires shipped or received annually;

6)

 What

use or disposition

 a person makes or plans to

make of the scrap tires; and

7)

 The manner in which the accumulation is stored prior

to such use or disposition.

8)

 The location at which the written compliance plan

and documentation required by Section 049.103(e) are

maintained

and

 available

for

 inspection

by

the

Agency.

Reports

required

this

Section

shall

sent

to:

Illinois Envi

125—113

.,,S.,,

‘1

sentence

15

adjudged

invalid,

such

invalidity

shall

not

affect

the

validity

‘~v+

 ‘uhnlc

~f

-a-.”-—

subsection-

—

_—__-,

.t—

——

16

Division of Land Pollution Control

2200 Churchill Road

P.O.

Dox

19276

Springfield,

62794

9276

or u~i

•

iu~

snaii

aevelopaftdmaintainawrittcncompliancc

plan

achieve

compliance

with

-those

Cections

for

managing

scrap

tires

control

larval

and

pupal

mosquitoes.

addition,

‘

the

person

shall

maintain

records

and

manage

scrap

tires

such

manner

able

demonstrate

that

the

compliance

plan

being

implemented.

This

activity

may

include

but

shall

not

limited

the

 following:

Segregating

treated

from

 untreated scrap tires;

Maintaining

invoices

for

pesticides

purchased

the

services

professional

pesticide

service;

3)

 Maintaining

 records

on

the

dates

periodic

treatment;

Documentation

showing

approval

any

Alternate

Management Program under Section 049.105;

5)

 Documentation such as hauling contracts or invoices

which

indicate

the

dates

which

frequency

with

which

scrap

tires

arc

removed

from

the

 location; or

6)

 Such other

-~-~----‘-

‘---A

~

 document that the plan

 is being

 implemented as

planned.

 uscfr’ or necesgar”

f)

The

 compliance

 plan

and

 documentation

 required

by

subsection

 (e-)

 shall be available for inspection by the

Agency at reasonable times during normal business hours.

Tirc3

a)

 This Section does not apply to

 scrap tires accumulated

solely

as

a

 result

of

 personal

 (i.e.,

 noncommercial),

agricultural,

 horticultural,

or

 livestock

 raising

activities.

 In addition, this Section does not apply to

units of local and State government.

b)

 Except as otherwise provided in Section 049.105, between

April

1

 and November

1,

 no person

 shall

 accumulate or

maintain an accumulation of more than 50 scrap tires from

that

 person’s

 commercial

or

 business

 activities

or

125—114

17

maintain

 such

an

 accumulation

on

any

 commercial,

or

business property unless the tires are either:

1)

 Drained of water on the day of generation or receipt

and kept dry by

being:

A)

 Placed within a-closed container or structurc;

 Covered by material impermeable to water; or

C)

 Drained or

 otherwise managed so as to remove’

water within 24 hours after each precipitation

event; or

2)

 Drained of water on the day of generation or receipt

 and processed

 int-o---eenverted or reprocessed

 tires

within 14 day3; or

3-)

4)

 Treated on the day of generation or receipt with a

pesticide appropriate to prevent the development of

mosquito larvae and pupae and treated again as

often

as necessary to prevent such development, taking into

account

the

 persistence

 (effective

 life)

of

the

pesticide utilized.

Section 849.105

a)

 A person with an accumulation of scrap tires may employ

mosquito control

 or management programs different than

those specified in Section 849.104

 if, and only if, that

person files

 a complete plan for an alternative program

with the Agency which details the control or management

measures which will be taken.

 An alternative program is

complete only if it is accompanied by a

 statement from

the Illinois Department of Public Health that such program

is expected to achieve results for control of larval and

pupal mosquitoes substantially equivalent to those which

would be achieved by full compliance with the requirements

of Section 849.104.

 A person may file

 a plan on behalf

of one or more persons for the management of a number

of-

125—115

Drained

~_.

•

the

day

..a~a.

and

treated

within

 days,

with

a

 pesticide

appropriate to prevent the development of mosquito

larvae

and

 pupae,

 and treated

 again

as

 often

as

necessary to prevent such development,

 taking into

account

the

 persistence

 (effective

 life)

of

the

pesticide utilized; or

18

different accumulations.

 Each person whose program

is

included in the plan need not file a separate plan,

but

must be identified in the submitted

r~1nn

b)

 floquests for statements of substantial

equivalency

shal-l

_~~g

 e Illino~_

 i~ubm

 D~~nrt

ment

 u~a,i~ri

D.~.U

L$JiUJ.J.

L1~

 aocompanl~u~..yiniormation

 sufficient

to

n11r~u$~

Department to assess the effect~eness

‘~

shall be

Division of Environmental Health

Office ot ucai.tn iroteotion

Illinois

Department

Public

Health

525

Jefferson

Street

Springfield,

62761

Section

049.106

Pesticide

Application

Persons

applying

pesticides

scrap

tires

must

comply

with

the

requirements

the

 Illinois Pesticide Act

 (Ill.

Rev.

Stat.

1907,

oh.

5,

 par.

801

seq.).

Information

available

from:

Iiiinois Department of Agriculture

Bureau of Plant

 & Apiary Protection

State ruirgrounds

P.O. Box 19201

Springfield,

 IL 62794 9281

IT IS SO ORDERED.

Board Member J. Theodore Meyer dissented.

I, Dorothy N.

 Gunn,

 Clerk of the Illinois Pollution Control

Board,

her,~~~certifythat

t)~

above

inion

and

Order

was

adopted

the

day

~

1991

vote

of

7—c.

C’

~1.

/L~

Dorothy

 Clerk

Illinois

P01

ion

Control

Board

125—116