ILLINOIS POLLUTION CONTROL BOARD
December
19,
1991
IN THE MATTER OF:
)
USED AND WASTE TIRE REGULATIONS
)
R90-9B
(35 Ill.Adm.Code 848)
)
(Rulemaking)
(35 Ill.Adm.Code 849)
)
PROPOSED RULE.
SECOND NOTICE.
OPINION AND ORDER OF THE
BOARD
(by J.C. Marlin):
On August 8,
1991 the Board proposed these rules for first
notice publication in the Illinois Register.
This docket, R90-
9~,was opened for the purpose
of~.repealing the current scrap
tire management standards
(35 Ill. Adm. Code 849),
for further
consideration of the retreader/recyclers exemption contained in
Docket A of this rule (adopted April 25,
1991)
and for further
refinement of the rules.
The proposed amendments to Part 848
were published in the Illinois Register on September
6,
1991
(15
Ill.Reg.
13004);
the proposed repeal of Part 849 on September
13,
1991
(15 Ill.Reg.
13265).
Today,
the Board decides to send
these proposed rules as amended to second notice for review by
the Joint Committee on Administrative Rules
(JCAR).
PUBLIC PARTICIPATION
A hearing was held in this matter on September 27,
1991 at
the State of Illinois Center,
Chicago, Illinois.1
Mr.
Paul
Purseglove of the Illinois Environmental Protection Agency
(“Agency”),
Mr. Richard Gust of Lakin General Corporation, Mr.
Kenneth Kirby of Aztech Systems,
Inc.,
Mr. John Funk of We Shred
It, Dr. Robert Novak of the Illinois Natural History Survey and
Mr.
Lloyd Renfro of the Illinois State Tire Dealers and
Retreaders Association testified.
Public comments were received from Archer Daniels Midland
Company
(PC 15), Lakin General Corporation
(PCs
16, 21),
Illinois
Department of Energy and Natural Resources
(PC 17), the
Administrative Code Division of the Illinois Secretary of State’s
Office
(PCs
18,
19), Midwest Rubber Reclaiming
(PC 20), the
Illinois Department of Commerce and Community Affairs
(PCs 22,
23), the Agency
(PC 24) and the Illinois Department of Public
Health.
(PC 25)
None of the public comments received concerned
the repeal of Part 849, with the exception of formatting and
style changes suggested by the Administrative Code Di’vision (PC
19).
The balance of the public comments are discussed under the
1
References to the record of this hearing are denoted
lt3R.lt,
References to the hearings in Docket A of this rule
are denoted “1R._”
for the June 22,
1990 hearing and “2R._”
for those of the August
9,
1990 hearing.
128—323
section by section discussion below.
PART 849
The Board decides today to send the repeal of the Part 849
management standards to second notice review by JCAR.
This is
done in order to repeal the existing management standards prior
to the effective date of the new management standards of Part 848
(adopted April 25,
1991).
The new Part 848 management standards
become effective on January 1,
1992.
PART 848
Section 848.101
Applicability
Much of the testimony at the September 27,
1991 hearing
focused on exemptions to the proposed Part 848 management
standards.
Mr. Ken Kirby, testifying on behalf of Aztech
Systems,
Inc.,
asked the Board to consider a request to provide
relief for whole tires that were to be chipped or shredded.
Mr.
Kirby maintained that the whole tires,
chipped to a common size
for possible burning as supplemental fuel, were “reused tire”
as
defined in Public Act 86—452 deserving of a financial incentive
to ensure their continued production (3R.49-50).
This exemption
should be,
in his opinion, provided “on site”
at the processing’
plant as opposed to being given to the tire collector itself
(3R.52)
The Agency, however, objected to any relief
if it was
given before the tires became tire—derived fuel
(TDF)
(3R.56).
Under the Act,
a “reused tire” means “a used tire that is
used again,
in part or as whole,
by being employed in a
particular function or application as an effective substitute for
a commercial product or fuel without having been converted”.
(Sec.
54.08 of the Act).
However,
a whole tire which is intended
for reuse and which intention is corroborated by its presence at
a processing facility is not
a “reused tire” under the statutory
definition.
Nor does the Board believe that the legislature
intended to make it so.
The wording of the statute makes
it
clear to the contrary.
The Board agrees with the Agency,
therefore, that these tires are not “reused tires” until
processed into TDF or into another reusable form.
The Agency supports an exemption from the regulations for
truly reused tires however
(3R.1l).
The Agency testified that it
was inappropriate to regulate these types of used tires and
pointed out that its initial proposal to the Board exempted
reused tires from regulation.
These tires,
employed in such uses
as boat dock cushions, road barriers or flower boxes do not pose,
given their form,
a cognizable threat to public health.
The
Board concludes,
therefore, that they should not be subject to
Part 848 Management Standards provided they are altered to
prevent accumulation of water.
128—324
3
In a similar manner, the Agency believed that the Board
should reconsider its previous decision not to exclude small ti
chips from the Part 848 ‘management standards.
The Agency
testified:
Illinois is on the verge of establishing good
markets for TDF,
and in doing so establisning
outlets for the waste tires that are
generated and stockpiled around the state.
No doubt,
the financial assurance requirement
established in the 848 rules present a
significant financial impact on companies
that process tires into TDF.
***
It is clear that a market for
1 to
2 inch TDF
is emerging within Illinois.
Facilities ‘in
Illinois that have conducted test~burnsof
tire derived fuel include:
The Archer Daniels Midland
facilities in Decatur, which is
fully permitted to burn TDF that is
1
3/4 inches in size.
Monsanto Chemical in Sauget is
permitted to burn TDF that is
2
inches in size.
Illinois Power in Baldwin has
conducted a test and can burn TDF
that is one inch in size.
Illinois Cement in LaSalle has
conducted a test recently while
burning
3
inch TDF.
Caterpillar Tractor in Mossville
has conducted a test of TDF while
burning 2 inches of TDF.
(3R.13—14)
The Agency testified that it is unlikely that TDF will be
abandoned once a facility has undergone the expense of shreddin
whole tires into TDF.
The shredding costs reported to the Agen
range between 14 to 40 dollars per ton,
(3R.14).
The Agency
believes that unless a financial incentive to process whole tir
into TDF is given, processors will only conduct primary
shredding.
This would leave a material that is unusable and
128—325
4
which truly needs to be covered by financial assurance.
(3R.15)
IDENR concurred with the Agency’s remarks and urged the Board to
exempt processor of TDF from the financial assurance
requirements.
(PC 17)
To alleviate the concerns regarding reused tires and TDF,
the Agency recommended that the Board insert a sentence into
Section 848.101 “Applicability” which reads:
This Part shall not apply to converted, new,
reprocessed or reused tires.
This Part shall
not apply to altered tires which have been
chopped, shredded or otherwise processed such
that the maximum dimensions of the chopped,
shredded or processed portions of the tire
are
2 inches or less.
(3R. 15)
The Board agrees that an exemption from the regulations
should be given for tires processed into TDF and other small
sizes such as crumb rubber.
The question is how to define TDF
and from what portions of the Part 848 standards the exemption
should be given.
The Agency suggests exempting tires processed
so their dimensions are
2 inches or less.
(u.)
Mr. John Funk
testified that in his shredding operation,
the product was “2
inch nominal”, two sides have dimensions of two inches or less
but the third side exceeds
2 inches occasionally
(3R.64).
A
study introduced into the record by IDENR suggests that a chip
two to three inches in diameter should be called TDF
(Exh.
14, p.
54).
No engineer has defined the term.
(a.)
Mr. Funk
testified, however, that his business has recently purchased a
shredding attachment which will take all outside dimensions down
to
2 inches or less.
This was done in order to meet market
expectations
(3R.67).
IDENR stated in its most recent comments
that the appropriate shredded chip size should be “2 inch minus”
meaning
2 inches or less in depth,
length and width.
(PC 17)
A
financial assurance exemption,
stated IDENR,
could provide an
incentive for processors to
shred whole tires into smaller, even
more marketable sizes.
(Id.)
If the Board were to adopt a standard definition of TDF
which expresses the product size as
“2 inch minus” or
“2 inch
nominal”,
it appears that the test burn of Illinois Cement in
LaSalle would be excluded.
Illinois Cement apparently burned
3
inch tire chips successfully.
The other Agency-permitted burns
were
2 inches in size or less.
However, the Board believes that
should it adopt a standard of “two inch minus”, the resulting
product would be more marketable in Illinois.
The existing
shredders have been shown to be sensitive to these market
concerns and are already moving to ward this standard.
Therefore,
the Board chooses to limit exemption to the “two inch
128—326
5
minus” standard and inserts and exemption for TDF into the
applicability section of 848.101.
Section 848.205
Pesticide Treatment
In PC 25, the Illinois Department of Public Health
(IDPH)
requested that the rules specify that the primary method of
mosquito control should be pesticides labelled for control of
mosguito larvae or non-chemical methods that eliminate mosquito
larvae (emphasis in original).
This point was echoed by Dr.
Novak,
a medical entomologist,
in his testimony (3R.88).
Foggi
to kill adult mosquitoes does not address the underlying proble
of larval production and should thus be considered only as an
infrequent supplement to larval control.
Adult mosquitoes are
often produced in one area and fly to another.
Killing adults
will not stop others from flying in on subsequent days to lay
eggs.
Larval control will stop most mosquito production at a
given site.
The proposal now specifies the use of a pesticide
labelled for larval control unless an adult mosquito problems is
identified.
The rule already emphasizes non—chemical contro±b:
mandating steps to keep water from accumulating in tires at mos
sites.
Title XIV of the Act contains two references to pesticides
that .have caused confusion throughout this proceeding.
Section
55(i)
states “No person shall cause or allow the use of
pesticides to treat tires except as prescribed by Board
regulations”.
Section 55.2
(b)
says,
“In addition, such
regulations shall prohibit the use of pesticides as an ongoing
means of demonstrating compliance with this Title.”
IDPH expressed concern that this could be interpreted to
mean that pesticide treatments be eliminated as a method of
management
(PC 25).
Dr. Novak had similar concerns:
“I was quite taken aback when I heard that
pesticides were no longer considered as a
mechanism in order to provide a management
way of dealing with tires.
Again,
going back
to the original intent of the legislation and
the rules was to prevent a public health
situation.
We feel that under many circumstances the use
of an approved pesticide is the only way at
this particular time to deal with this
problem.
However, you do understand that
with the Agency the use of a pesticide over
extended periods of time should not be a way
of provide a solution to our problem.”
***
128—327
6
“So,
again,
I would really like the Board to
reconsider the use of pesticides that have
been approved as compliance to regulate or to
manage mosquitos.”
(3R.78—79)
At hearing the discussion focused on the need to use
pesticides only to address a specific infestation problem
(3R.
108’-113).
It was generally agreed that the prohibition against
ongoing use was aimed at preventing frequent spraying without
inspection.
Dr. Novak pointed out that there are many tire piles
in the state that will not be removed or recycled in the near
term and that pesticide treatment of such tires is
a practical
means of controlling mosquitoes.
He also noted that there were
four Illinois children who became ill with encephalitis in 1991
and all of them were in direct association with waste tires.
He
also said the program of larval control based on inspect~ionat
the Lakin facility has proven economical and effective.
The use of pesticides in response to an inspection which
finds mosquito larvae present is intended by the Act.
Likewise,
the use of approved larvicides in tires that are awaiting
shipment to a processor is reasonable.
The Board also notes that
the Illinois Pesticide Act was amended to allow uncertified
persons to apply certain selected pesticides to tires.
The
prolonged use of pesticides
on’ a specific pile of tires as a
long
term alternative to cleanup or processing of the tires would,
however, violate the prohibition against ongoing pesticide use.
It is important to realize that 100 percent control of
mosquitoes in tires is not practical.
IDPH (PC 25)
and
Dr. Novak
(3R.82) both made this point.
They both suggested that 90
percent control was attainable and would protect the public
health.
The suggestion was that for purposes of enforcement,
especially in large tire piles, that a standard of 90
control be
established.
IDPH established this as meaning that “mosquito
larvae are absent in 90
of tires containing water.”
(PC 25)
Dr. Novak agreed with this proposal:
“However, as a general rule, using a percent
makes a lots of sen8e on piles of 100 or
more.
When you start looking at tire
accumulations of 100 or fewer,
they are very
easy to control to essentially make sure you
get material in all of the hundred tires.
Once you start working with piles that are
100 or greater, then the logistics of control
becomes more difficult.
So,
again,
the Board
may want to consider a minimum number of
128—328
7
tires.
I would say that if you have a tire
pile of 100 or more that the 90 percent rule
is a very good one.
Tire piles of 100 or
fewer I would question the 90 percent rule.
(3R. 97)
The enforcement of rules relating to vector production in
tires will be viewed in light of the testimony on the
impracticality of achieving 100 percent control.
The Board doe
not propose to adopt a rigid humerical standard, but will revie
each situation on its own merits.
Persons wishing to demonstra
a violation should be prepared to provide evidence beyond the
fact that a mosquito larva was found in a container.
IDPH also requested that it continue to review alternate
management plans.
This function was contained in Section 849.1
of the “old” management standards which are repealed in this
proposal.
The management plan concept was moved tb Sectiort~
848.206 and 207.
At hearing the Agency said it had “no pro~Iem
with IDPH being involved
(3R.104) but did request that IDPH act
quickly in reviewing plans
(3R.lll).
The Board proposes to
restore IDPH to the review process, and places a deadline on IDI
review.
After 45 days,
the Agency makes the determination
regarding adequacy of the plan if IDPH fails to do so.
It shou
be noted,
however, that having an approved alternate management
plan does not act as a sheild against enforcement under other
provisions of the Act.
Section 848.206
Exemptions for Tire Retreading Facilities
In its first notice publication, the Board proposed an
exemption from certain tire management standards for tire
retreading facilities.
(See Opinion and Order of August
8,
199;
R90-9(B) pp.
1-3)
The Agency had previously proposed exempting
tire retreaders from certain Part 848 standards,
including pile
separation requirements, earthen berm requirements, distance of
tire piles from buildings,
stacking requirements and unit size.
They would instead be allowed to develop an alternate managemen’
plan.
At hearings in Docket
(A)
of this proposal f~akinGeneral
raised the issue of whether retreaders should receive a credit
terms of financial assurance requirements for re.treadable tires
(lR.170).
The Board’s first notice proposal proposed to exempt
retreadable tires stored on site from removal cost calculation
under Section 848.404, upon the belief that these tires have
intrinsic value beyond their fuel potential and are not likely
t
be abandoned.
At hearing, the retreaders agreed to the scope 01
the proposed exemption but disagreed as to the mechanism for
accomplishing it.
The problem turned on the Board’s use of the
term “retreadable” for defining the tire stock which could. be
128—329
8
exempted from the cost calculations.
The Agency believed the
term was too vague for it to utilize in enforcement
(PC 24;
3R.
7).
The Agency also believed that by not including all tires
in
the cost of the estimate, the estimate will not reflect the true
cost of the tire removal.
Regarding such “retreadable” tires,
the Agency stated that the value of such tires
is to the
retreader itself and of no value to anyone else.
The Agency
believed, therefore, that all tires should be reflected in the
removal cost estimate.
The Board disagrees with the Agency’s assertion that a
retreader’s tire inventory has no value to anyone but the
retreader itself.
As testified to by representatives of Lakin
General Corporation,
a retreader segregates tires it finds
unsuitable for retreading.
Lakin,
for instance, removes these
tires from its site on a weekly basis
(3R.41).
For the
retreadable tire the retreader has paid a price.
For example,
Lakin pays between 50 cents and $4.50 per tire casing (2R.l30)
This price is a reflection of its market value,
to that- retread.er
or to another similarly situated.
As long as a market exists
for
those tires,
the tires have an intrinsic value in excess of that
of
a typical used or waste tire.
As it is reasonable to assume
that a retreadable tire market will exist in Illinois for ‘the
foreseeable future,
it is also reasonable to exclude these tires
from the removal cost estimate.
To require the retreaders to
insure against their removal when the intrinsic value of the ti1
does so would place an unnecessary burden on that industry.
Th
exemption is viewed as a means of encouraging a beneficial use of
tires.
The Board believes it prudent, however, to place limits on
the number of tires falling under exemptions.
The first notice
proposal specified a storage unit size that would have allowed an
exemption for up to one million tires.
If a retreading facility
which
is exempted from financial assurance ceases operations due
to business failure or otherwise,
and has a large amount of tires
on site,
a blanket exemption from financial assurance
requirements may make timely removal uncertain because of the
scale of the operation.
Therefore,
the Board proposes to limit
the exemption given.
The Board finds that the limitation on the tire removal cost
exemption should be based upon the tire inventory which has been
shown to be necessary for economical operation of a tire
retreading facility.
The record indicates that at least a three
month inventory must be maintained to balance’the scale of
economies at these facilities
(1R.
99).
Lakin testified,
for
example, that it needs to maintain an inventory of 50—60 thousand
retreadable tires.
The rule being proposed today limits the
number of tires stored at an existing retreading site as exempt
from certain management standards to 100,000 tires provided that
an alternative management plan is developed.
128—330
9
Accordingly the Board has fashioned the relief in terms of
a
retreader’s three month tire production experienced in the past
calendar year.
In order to simplify the bookkeeping
requirements, the proposed rule allows that a number of tires
equal to one fourth of the prior year’s tire production be exempt
from financial assurance.
New facilities will develop a number
based on the expected capacity of equipment on hand.
This number
of tires may be excluded from the cost estimate.
The Board has
proceed~dthis way in order to avoid administrative problems
associated with “rolling averages” or the unfairness of strictly
fixed numbers.
The date for determining that a facility is “new”
has been changed to January 1,
1992.
Facilities actually
certified before that date will be considered “existing
facilities”.
The Board has altered the proposed first notice
rules to make the changes discussed above.
As proposed at first notice, existing sites are exempted
from certain management standards and the fourteen day processing
rule.
They must,
therefore,
develop alternate management plans
for storage as well as fire and mosquito control.
New sites,
however, must meet most storage standards except the fourteen day
processing rule and must develop an alternate plan to control
mosquitoes.
Section 848.207
Exemptions for Tire Stamping and Die Cutting
Operations
At hearing and in PC 21 Lakin General Corporation requested
exemptions for its tire stamping operation which are similar to
those requested for retreaders.
The stamping operation uses
predominantly bias ply tires which are segregated from those
unsuitable for the stamping operation.
Unsuitable tires are
transferred from the site and no more than 3,000 are accumulated
at a time.
Bias ply tires are purchased specifically for the
stamping operation.
(3R.29—47)
The Board believes that these tire stamping and die cutting
operations are situated similarly to retreading facilities and
will therefore grant an exemption from certain management and
financial assurance requirements similar to those granted for
retreaders.
Lakin General Corporation originally proposed the
exemption for operations capable of stamping 800 tires per day.
The Board finds
it desireable to decrease this to 50 tires per
day to accommodate smaller operations.
Lakin’s proposed storage
limit of 20,000 whole tires
(PC 21)
is accepted as reasonable.
The Board,
therefore, adds Section 848.207 to the proposed rules
and has fashioned an exemption for retreaders in Section 848.206,
tire stamping and die cutting facilities similar to that granted
retreaders.
Facilities stamping or cutting tires prior to
January
1,
1992 will be considered “existing facilities.”
128—33 1
10
Section 848.208
Exemption for Sites with a Tire Removal
Agreement
The Agency’s initial proposal included an exemption from
financial assurance for sites with a written tire removal
agreements.
In its post-hearing public comments
(PC 24) the
Agency has again requested the Board to consider adding the
following language to the list of exemptions:
a.
Owners and operators of tire disposal sites where
written approval of a tire removal agreement has
been obtained from the Agency under Subpart E and
tires have been or are being removed from the site
in accordance with the schedule in the tire
removal agreement.
(PC 24, p.4).
The Agency believes this language “establishes a strong incentive
for owners and operators of tire disposal sites to maintain
compliance with their removal agreements.”
(u.)
The Board has no objection to exempting sites with tire
removal agreements from financial assurance.
Potential problems
arise in that the proposed language would require the release
from assurance as soon as removal began.
If the person failed to
abide by the agreement,
would the Agency want assurance
reinstated?
It is apparent that the Agency believes an exemption is
warranted and will aid in cleaning up tire piles.
The Board will
grant an exemption to persons with a tire removal agreement, but
will drop the language relating to actual removal.
The exemption
as proposed by the Board will provide an incentive to sign the
agreement.
A person who signs a tire removal agreement and fails
to honor it can be enforced against under the enforcement
provisions of the Act.
Miscellaneous Issues
Several other issues also arose at hearing and in public
comments.
Mr. Lloyd Renfro, executive director of the Illinois
State Tire Dealers and Retreaders Association, testified that the
Board should do all it can to relieve the economic burdens on
processors.
He testified that new retreading sites should be
treated just like old sites.
The property size limitations
in
the present proposal, he believed, should be lifted.
(3R.1l6-
117)
Mr. Renfro also testified that used farm tires are a big
problem downstate.
He asked for an exemption for’ the storage of
used farm tires, ~s many farmers,
in this economy, will purchase
128—332
11
used farm tires for later use, and store them onsite.
(3R.ll9—
21)
Mr. Renfro also believed relief should be given to small
retreading operations which retread truck tires for specific tire
companies.
These operations may have 50—500 tires onsite for
their operations.
(3R.125)
The current proposal, he admitted,
probably gives these retreaders the relief they need from the
management standards.
(3R.127)
Miawest Rubber Reclaiming (Midwest) requested exemption for
rubber reclaimers similar to those requested by tire retreaders
(PC 20).
Midwest collects used and waste tires and processes
them into a product that competes with virgin rubber.
Its
proposal included an exemption for up to 25,000 tires.
This
matter was not specifically discussed at hearing.
The Board will not propose this language as part of the
rule.
The matter has not been sufficiently explored.
The Board
notes that if Midwest’s product is
2 inch minus or less,
its
production is exempt from financial assurance requirements.
Midwest has provided no information as to why the tires it
accumulates for destruction should be exempt other than it
destroys waste tires.
For example, Midwest have not demonstrated
that their tires have value above other waste tires such as
is
the case with those that are retreadable.
Sites with less than 5,000 tires are exempt from financial
assurance requirements under Section 848.400(c) (4).
This number
of tires will fill between four and eight semi-trailers depending
upon how they are stacked
(Exh.
14,
pp.
5—7).
This exemption
combined with the two-inch minus exemption, will make it possible
for small operators to avoid obtaining financial assurance
provided they process tires as they arrive.
This will provide an
incentive for quickly processing tires into chips or crumb
rubber.
The exemptions for retreaders,
stampers and die cutters,
when combined with the exemption Section 848.400(c) (4), will also
make it possible for these operations to avoid obtaining
financial assurance, provided they keep a high turnover rate of
their feed stock and do not accumulate large numbers of tires.
The Board reminds all participants that should the new Part
848 management standards affect businesses in a manner believed
to be unjustifiable, that business or group may petition the
Board for relief from those provisions.
Types of relief
available include site specific regulations
(Section 27 of the
Act),
adjusted standards (Section 28.1 of the Act)
or variances
(Title IX of the Act).
Of the three relief mechanisms,
two
provide permanent relief from the effect of the rule upon a
specified showing.
128—333
12
Other Agency Concerns
(848.303)
The Agency urged the Board to consider adding
a new
subsection to section 848.303,
“Daily Tire Record” which would
require a site operator to record the transporter registration
number of the transporter delivering the used or waste tires to
the site.
(3R.16)
However, this section is not open for
amendment in this proceeding as it was not published at first
notice in the Illinois Register.
The Board invites the Agency to
submit a proposed rule for first notice publication by the Board
should this amendment still be desired.
ORDER
The following rules are hereby proposed for second notice.
The Board directs the Clerk of the Board submit these rules to
the Joint Committee on Administrative Rules for Second Notice
review pursuant to the Administrative Procedures Act.
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
848.102
848.103
848.104
848.105
Section
848.201
848.202
848.203
848.204
848.205
848. 206
848.207
848.208
Applicability
Severability
Other Regulations
Definitions
Incorporation by Reference
SUBPART B:
MANAGEMENT STANDARDS
Applicability
Requirements
Contingency Plan
Storage of Used and Waste Tires Within Buildings
Pesticide Treatment
Exemptions for Tire Retreading Facilities
Exemptions for Tire Stamping and Die Cutting Facilities
Exemptions for Sites With a Tire Removal Agreement
128—334
13
SUBPART C:
RECORDKEEPING AND REPORTING
Section
848.301
Applicability
848.302
Records
848.303
Daily Tire Record
848.304
Annual Tire Summary
848.305
Retention of Records
848.306
Certification
SUBPART
D:
FINANCIAL ASSURANCE
Section
848.400
Scope and Applicability
848.401
Upgrading Financial Assurance
848.402
Release of Financial Institution
848.403
Application of Proceeds and Appeal
848.404
Removal Cost Estimate
848.406
Mechanisms for Financial Assurance
848.407
Use of Multiple Financial Mechanisms
848.408
Use of a Financial Mechanism for Multiple Sites
848.410
Trust Fund
848.413
Letter of Credit
848.415
Self—Insurance for Non—commercial Sites
SUBPART E:
TIRE REMOVAL AGREEMENTS
Section
848.501
Applicability
848.502
Removal Performance Standard
848.503
Contents of Proposed Tire Removal Agreements
848.504
Time Allowed for Tire Removal
848.505
Removal Plan
848.506
Initiation of Tire Removal
848.507
Certification of Removal Completion
848.508
Agency Approval
848.509
Board Review
SUBPART
F:
TIRE TRANSPORTATION REQUIREMENTS
Section
848.601
Tire Transportation Prohibitions
848.602
Tire Transportation Registrations
848.603
Agency Approval of Registrations
848.604
Registration No Defense
848.605
Duration and Renewal
848.606
Vehicle Placarding
848.Appendix A FINANCIAL ASSURANCE
FORMS
Illustration A “Trust Agreement”
Illustration B “Certification of Acknowledgement”
128—335
14
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 Environmental Protection Act
(Ill. Rev.
Stat.
1989,
ch.
111 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 16
Ill. Reg.
,
effective
SUBPART A:
GENERAL
Section 848.101
Applicability
Section 55 of the Illinois Environmental Protection Act
(Ill;
Rev.
Stat.
1989,
ch.
ill 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 shall not
nrtr~1’~r
to
nrw
site at which tires are
retreaded if the owner or operator of such a site holds
a valid
registration as a tire retreader pursuant to 49 CFR 571.117 and
49 CFR 574 (incorporated by reference at Section 040.105)
and
complies with 35 Ill.
Adm. Code 049.
This Part does not apply
to:
a.
Altered tires which have been chopped, shredded or
processed, such that the individual dimensions of
height,
length and width of the tire product are two
inches or less
(an industry standard known as “two inch
minus”)
~
Converted, new or reprocessed tires; or
c.
Reused tires which have been altered to prevent the
accumulation of water.
(Source: Amended at 16 Ill. Reg.
,
effective
)
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
128—336
15
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:
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 and 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 807 or
811.
(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.
128—337
16
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
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 15 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:
128—338
17
Required Separation Distances
From Tire Storage Units
(in feet)
Tire Storage’ Unit Height
(in feet)
8
12
16
2C
25
56
67
77
8E
Unit Face
50
75
93
107
liE
Dimensions
100
100
128
146
164
(feet)
150
117
149
178
19E
200
130
167
198
22?
250
140
181
216
245
d)
In addition to the requirements set forth in
subsections
(b)
and
(c)
of this Section, the owne~or
operator shall comply with the following requiremëiits
at sites at which more than 10,000 used or waste tire
are located.
1)
The area of the site where used or waste tires
a
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
a
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 a
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 containi
runoff resulting from tire fires, and accessible
by fire fighting equipment; except that the owne
or operator shall provide a means for access
through or over the berm or other structure.
(Source:
Amended at 16 Ill.
Reg.
,
effective
)
Section 848.205
Pesticide Treatment
Owners or operators of tire storage sites or tire disposal site
treating used or waste tires with pesticides pursuant to £cctio
848.203 this Part or Title XIV of the Act shall:
128—339
18
a)
Use a pesticide labelled for control of mosquito larvae
unless an adult mosquito problem is identified.
b)
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.
c)
Notify the Agency of pesticide use within
10 days of
each application.
The notification shall include the
information listed in subsection
(a)
*
d)
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
(Source:
Amended at 16
Ill. Reg.
,
effective
Section 848.206
Exemptions for Tire Retreading Facilities
~j
Existing sites.
Sites which meet all of the conditions
of subsection
(a) (1) are exempt as set out in
subsection
(a) (2).
fl.
Conditions for exemption.
~
Registration.
The site was operated by a
tire retreader who,
as of January?,
1992,
held a valid registration with the U.S.
Department of Transportation as a tire
retreader under 49 CFR 571.117 and 574.
~j
Number of Tires.
The facility contains no
more than 100,000 whole used or waste tires.
Qj
Equipment.
The retreader:
128—340
19
il
Has equipment 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
jjj
Maintains documentation at the site
which demonstrates that an average of
500 or more tires per day of operation
were retreaded at the site during the
previous calendar year.
P1
Segregation.
The owner or operator of the
site segregates tires intended to be
retreaded from those tires determined to be
unsuitable for retreading.
21
Scope of Exemption.
~j
The following Sections do not apply:
Pile separation distances specified
at Sections 848.202(b) (1) and
(2);
Storage limitation on whole tires
specified at subsection
848.202(b) (5) ;
iii)
Tire storage unit requirements of
Sections 848.202(c) (4) and
(5); and
The earthern berm requirement of
Section 848
*
202 (d) (3).
~j
The owner or operator may exclude from the
cost estimate under Section 848.404 the cost
of removing one fourth of the previous
calendar year’s tire production as shown by
documentation maintained at the site.
fl
Alternate Management Standards.
As
a part of the
contingency plan requirements of Section 848.203
the owner or operator shall:
~j
Within 90 days of the effective date of these
regulations develop and implement a tire
storage plan to minimize the threat of fire
and mosquito breeding.
Such a plan shall
include, but is not limited to, tire storage
arrangements, aisle space,
access to fire
fighting personnel and equipment and mosquito
inspection and control.
128—341
20
~j
Reguest and submit to the Agency a statement
from the Illinois Department of Public Health
that the program developed under subsection
(a) (3) (A)
is adequate to control mosquito
larvae and pupae; except that,
if the
Department has not sent a statement within 45
days of receipt of the request. such
statement need not be submitted and the
A~encvshall make such a determination.
The
owner or operator has the burden of
demonstrating that the threat of mosquito
breeding has been minimized.
Requests for
such statements of determination shall be
sent to:
Division of Environmental Health
Office of Health Protection
Illinois Department of Public Health
525 W. Jefferson Street
Springfield, Illinois
62761
~j
New sites.
Sites which meet all of the conditions of
subsection
(b) (1)
are exempt as set out in subsection
(b) (2)
fl
Conditions for exemption.
~
Registration.
The site
is oPerated by a tire
retreader who,
since January 1,
1992, first
obtained
a valid registration with the U.S.
Department of Transportation as a tire
retreader under 49 CFR 571.117 and 574.
Equipment.
The retreader:
j)
Has equipment 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
UI
Maintains documentation at the site
which demonstrates that an average of
500 or more tires per operating day were
retreaded at the site during the
previous calendar year.
However, an
owner or operator who does not have a
calendar year in operation may use
estimated production for the first two
months, and average monthly production
128—34 2
21
thereafter, until
a calendar year of
data is available.
cl
Segregation.
The owner or operator of the
site segregates tires intended to be
retreaded from those tires determined to be
unsuitable for retreading.
21
Scope of Exemption.
~j.
The storage limitation for whole, tires
specified at Section 848.202(b) (5) does not
apply.
~j.
The owner or operator may exclude from the
cost estimate under Section 848.404 the cost
of removing one fourth of the previous
calendar year’s production as shown by
documentation maintained at the site.
The
owner or operator may exclude
one. fourth of
the estimated first
12 months production
during the first year of operation.
.~j
Alternate Management Standards.
As a part of the
contingency plan requirements of Section 848.203
the owner or operator shall:
~
Within 90 days of the effective date of these
regulations develop and implement
a tire
storage plan to minimize the’ threat of
mosquito breeding.
Such a plan shall
include,
but
is not limited to, mosquito
inspection and control.
~j
Request and submit to the Agency a statement
from the Illinois Department of Public Health
that the program developed under subsection
(b) (3) (A)
is adequate to control mosquito
larvae_and pupae; except that,
if the
Department has not sent a statement within
45
days_of_the request, such statement need not
be submitted and the Agency shall make such
a
determination.
The owner or operator has the
burden of demonstrating that the threat of
mosquito breeding has been minimized.
Requests for such statements of determination
shall be sent to:
Division of Environmental Health
Office of Health Protection
Illinois Department of Public Health
128—343
22
525 W. Jefferson Street
Springfield, Illinois
62761
,gJ.
Small sites.
Sites which meet the conditions of
subsection
(c) (1) are exempt as set out in subsection
(c) (2)
fl.
Conditions for exemption.
~j
Number of tires.
The facility contains no
more than 500 whole used or waste tires.
~j
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.
~
The retreader:
j)
Has equipment at the site which is
capable of retreading at least 20 tires
per day, when operated in accordance with
equipment manufacturer’ s specifications
and
Ui
Maintains documentation at the site
which demonstrates that an average
of
zu
tires per day were retreaded at the site
during the previous calendar year.
However,
an owner or operator who does
not have a calendar year in operation
may use estimated production for the
first two months, and average monthly
production thereafter,
until a calendar
year of data is available.
21
Scope of exemption.
The following do not apply:
~j
The pile separation distances specified at
Section 848.202(b) (1)
and
(2) ; and
~
The tire storage limitation of Section
848.202(b) (5).
~J.
Alternate Management Standards.
As apart
of the
contingency plan requirements of Section 848.203
the owner or operator shall:
~
Within 90 days after the effective date of
these regulations develop and implement a
tire storage plan to minimize the threat of
fire and mosquito breeding.
Such a plan
128—344
23
shall include, but is not limited to, tire
storage arrangements, aisle space, access to
fire fighting personnel and equipment and
mosquito jns~ectionand control.
~j
Request and submit to the Agency a statement
from the Illinois Department of Public Health
that the program developed under subsection
(c) (3) (A)
is adequate to control mosquito
larvae and puPae: except that,
if the
Department has not sent a statement within 45
days of receipt of the request, such
statement need not be submitted and the
Agency shall make such a determination.
The
owner or operator has the burden of
demonstrating that the threat of mosquito
breeding has been minimized.
Reauests for
such statements of determination shall be
sent to:
Division of Environmental Health
Office of Health Protection
Illinois Department of Public Health
525 W. Jefferson Street
Springfield, Illinois
62761
(Source:
Added at 16
Ill.
Reg.
,
effective
)
Section 848.207
Exemption for Tire Stamping and Die Cutting
Facilities
~j
Existing Sites.
Sites which meet all of the conditions
of subsection
(a) (1)
are, exempt as set out in
subsection
(a) (2).
fl
Conditions for exemption.
~j
Operation.
The site was in operation as
a
tire stampin~and die cutting facility on or
before JanuarY 1,
1992.
~j...Number of tires.
The facility contains no
more than 20,000 whole used or waste tires.
cj
Equipment.
The stamping and die cutting
facility has equipment at the site which is
capable of stamping and die cutting at least
50 tires per day when operated in accordance
with the equipment manufacturer’s
specifications; and
128—345
24
j~j
Documentation.
The stamping and die cutting
facility maintains documentation at the site
which demonstrates that an average of
50 or
more tires per operating day were processed
at the site during the previous calendar
year.
However,
an owner or operator who does
not have a calendar year in operation may use
estimated production for the first two
months, and average monthly production
thereafter,
until a calendar year of data
is
available.
~j
Segregation.
The owner or operator of the
site segregates tires intended to be stamped
or die cut from those tires determined to be
unsuitable for stamping or die cutting.
21
Scope of exemption.
~j
The following Sections do not apply:
jj~
Pile separation distances specified
at Sections 848.202(b)(1)
and (2)
UI
Storage limitation on whole tires
specified at subsection
848.202(b) (5);
iii)
Tire storage unit requirements of
Sections 848.202(c) (4)
and
(5); and
iyI.
The earthern berm requirement of
Section 848.202(d) (3).
~J
The owner or operator may exclude from the
cost estimate under Section 848.404 the cost
of_removing one fourth of the previous
calendar year’s tire production as shown by
documentation maintained at the site.
~j
Alternate Management Standards.
As a part of the
contingency plan requirements of Section 848.203
the owner or operator shall:
~j
Within 90 days of the effective date of these
regulations develop and implement a tire
storage plan to minimize the threat of fire
and mosquito breeding.
Such a plan shall
include, but
is not be limited to, tire
storage arrangements, aisle space,
access to
fire fighting personnel and equipment and
mosquito inspection and control.
128—346
25
~j
Request and submit to the Agency a statement
from the Illinois Department of Public Health
that_the program developed under subsection
(a) (3) (A)
is adequate to control mosquito
larvae and pupae:~except that,
if the
Department has not sent a statement within 45
days of receipt of the request.
such
statement need not be submitted and the
A~encvshall make such a determination.
The
owner or operator has the burden of
demonstrating that the threat of mosquito
breeding has been minimized.
Requests for
such statements of determination shall be
sent
to:
Division of Environmental Health
Office of Health Protection
Illinois Department of Public Health
525 W. Jefferson Street
Springfield, Illinois
62761
~j
New sites.
Sites which meet all of the conditions of
subsection
(b) (1)
are exempt as set out in subsection
(b) (2)
jj
Conditions for exemption.
~j
Operation.
The site was not in operation as
a tire stamping and die cutting facility on
or before January
1,
1992.
~j
Equipment.
The stamping and die cutting
facility has equipment at the site which is
capable of stamping and die cutting at least
50 tires per day when operated in accordance
with the equipment manufacturer’s
specifications; and
QI
Documentation.
The stamping and die cutting
facility maintains documentation at the site
which_demonstrates that an average of 50 or
more tires per operating day were processed
at_the_site during the previous calendar
year. However, an owner or operator who does
not have a calendar year in operation may use
estimated production for the first two
months, and average monthly production
thereafter, until
a calendar year of data is
available.
128—34 7
26
pj
Segregation.
The owner or operator of the
site segregates tires intended to be~stamped
or die cut from those tires determined to be
unsuitable for stamping or die cutting.
21
Scope of exemption.
~
The storage limitation for whole tires
specified at Section 848.202(b) (5)
does not
apply.
~j
The owner or operator may exclude from the
cost estimate under Section 848.404 the cost
of removing one fourth of the previous
calendar year’s production as shown by
documentation maintained at the site. The
owner or operator may use the estimated first
12 months production during the first year of
operation.
~
Alternate Management Standards.
As a part of the
contingency plan requirements of Section 848.203
the owner or operator shall:
~j
Within 90 days of the effective date of these
regulations develop and implement a tire
storage plan to minimize the threat of
mosquito breeding.
Such a plan shall
include, but is not limited to, mosquito
inspection and control.
~
Request and submit to the Agency a statement
from the Illinois Department of Public Health
that the program developed under subsection
(b) (3) (A)
is adequate to control mosquito
larvae and pupae; except that,
if the
Department has not sent a statement within 45
days_of receipt of the request, such
statement need not be submitted and the
Agency shall make such a determination.
The
owner or operator has the burden of
demonstrating that the threat of mosquito
breeding has been minimized.
Requests for
such statements of determination shall be
sent to:
Division of Environmental Health
Office of Health Protection
Illinois Department of Public Health
525 W. Jefferson Street
Springfield, Illinois
62761
128—348
27
(Source:
Added at 16 Ill.
Reg.
,
effective
)
Section 848.208
Exemption for Sites with a Tire Removal
Agreement
Owners and operators of tire disposal sites are exempt from the
financial assurance requirements of Subpart D as to that site
where written approval of a tire removal agreement has been
obtained from the Agency under Subpart E.
(Source:
Added at 16 Ill.
Reg.
,
effective
)
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
Section
849.101
De:
849. 102
Severability
849.103
Reporting ana xeooru
r~rrr~1nrc
849.104
Management Standards for Accumulations of Scrap Tires
849.105
Alternate Management Programs For Accumulations of Scrap
Tires
849.1OG
Pesticide
~r~l4r~ntion
AUTHORITY:
Implementing Section 22 and authoriEed by Section 27
of the Environmental Protection Act
(Ill.
Rev.
Stat.
1987,
oh.
111 1/2
,
pars.
1022 and 1027)
SOURCE:
Emergency rules adopted in flOO-12 at 12 Ill.
fleg.
0405
effective May
1,
1900,
for a maximum of 150 days; emergency
expired September
28,
1900; adopted in ROC
24 at
13 Ill.
Reg.
7949,
effective
June
1,
1909.
NOTE:
CapitaliEation denotes statutory language.
Section 849.101
Definitions
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 are used in this Part shall be the same as those used in
the Environmental Protection Act
(Act)
(Ill.
11ev.
Stat.
1907,
oh.
111
1/2, par. 1001 et seq.).
“Converted Tire” means
a tire which has been
manufactured
into
a
usa~ie
proauct
~
~an
a
~
otherwise
altered
so
that
it
is
no
longer
capable
of
128—349
28
holding accumulations of water.
Converted tires
“.‘
-,
‘
•
:t 1~ited
to,
those wh~chhav~
“Generation” means the creation of a scrap tire .by
rc~mn’~.iri1nf
n
1—.i’rr
ft-nm
r~
‘r..rhn~1
(rim’i
b~~n:
“New
Tire” means a tire which has never been placed on a
mntnr
v~hii~1r
r.jhp~~1
(rim’
fnr
~
II
m~’r~c’r~,.if1
‘——---I
FIRM,
COMPANY,
CORPORATION, ASSOCIATION, JOINT STOCK
COMPANY,
TRUST,
ESTATE,
STATE
AGENCY,
OR
ANY
OTHER
LEGAL
ENTITY,
OR THEIR LEGAL REPRESENTATIVE, AGENT OR ~SSIGNS.
“Reprocessed
Tire” means a.tire which has been recapped,
retreaded or rcgrooved and which has not been placed on
a motor vehicle wheel
(rim)
since being reprocessed.
“Scrap
Tire”
means
a
tire
which
has been removed from
usc
on
a
motor
vehicle
and
separated
from
the
wheel
(rim).
Any
tire
which is not a new tire,
converted tire
reprocesse~ti~
.~~cterec1
to be a scrap ti~.
until
it
is placed on a motor vehicle wheel
(rim).
A
r~r~rr~i-~re1
rcr
~irt.r
t’ir~
uhi~h~
commingled
~
nr
placed within
considered to
an accumulation
be a scrap tire.
of scrap
For the
tires is
purposes of this
Part only,
a scrap tire is considered to be a waste.
-~--~-
..
~
,
,~,.,.de of
~_
~
material, which is designed for placement on the wheel
(rim)
of a motor vehicle.
Section
349.102
Severability
~~lication
thereof
to
any
pers~....
.~
..~
circumstance
adjudged
invc~~,
‘~
~-~---
-‘---n’
---s-
oi
‘cni~ ~urc
“‘
‘‘i-
~
a
SUCh
£flVü.Liu.LLy
311U1L
J1UL uLLe(L
whole or of any Subpart, Section,
LJIe
VU.L.LUILy
subsection,
sentence or clause thereof not adjudged invalid.
Lection 840.103
Reporting and Record Keeping
a-)
Any person subject to the requirements of Sections
849.104 or 349.105 shall by July 1,
1989, report to the
128—350
.Lr1(iUUe,
LU~
~1Le
fl.1’~
I
lilt’
shredded, choppea, ariiieu wi’~ni~ioies
~ULLiwenc
LO
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
i~i-~
~
n
~
i
.i
if the
I
,~
I
29
Protection Agency (Agency)
th
information required in subsection
(c).
i~ny
person wno a~~er
~uiy
i,
i.w.’,
accumulaLe3
more
50
scrn~ tires
such
that
he
is
sub~t’1- 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).
c)
Information
required:
1)
The
1~rca1 name
ana
r~o~
p.
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;
C)
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 849.103(c)
are maintained and available for inspection by the
Agency.
d)
Reports required by this Section shall be sent tQ:
Illinois Environmental Protection Agency
Division
of
Land
Pollution
Control
2200 Churchill Road
P.O. Box 1027G
Springfield,
IL
62794—927C
e)
Any
person
subject
to
the
requirements
of
Scctions
849.104
or
849.105
shall
develop
and
maintain
a
written
128—351
30
compliance plan to achieve compliance with those
~ont~
-~t,1
lnrvnl
nm-I
oeu~.iOn3
ior
managing
scrap
~.Lre~
1.-U
-
pupal mosquitoes.
In addition, the person shall
maintain records and manage scrap tires
in such a manner
as
to
be
able
to
demonstrate
that
the
compliance
plan
is
Ph1~
r~r±iyii-v
mm~
ir~c~1ur1c’
hnt
nhnll’
~e4..,
implemcntc~
-
——J
___3
1)
Segregating treated from untreated scrap tires
2)
Maintaining invoices for pesticides purchased or
the services of a professional pesticide service;
3)
Maintaining records on the dates of periodic
treatment;
1
—.‘~
.,
.,
‘,.
~a,tfl..a,
s..,..C~±s,#a&
show
I..
~
~2
A
_,~.
,~.
Management Program under Section 849.105
which indicate the dates on which or trequency with
T.Jhi
r~h
~~rnr~
-t-ii
~
nr~
r~mn’vcu-I
ft-nm
~
1
nr-~nt,inn
n’r
C)
Such other information as may be useful or
necessary to document that the plan is being
imn1~m~nt~cIn~ n1nnn~d
——I
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.
Section 849.104
Scrap Tires
Standards for
1
..1—4
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 r.~ri-inn
fl~M1fl~.
h~tt,r~n
April
1 and November
shall
-
1~t~
maintain
an
accumulation
of
more
than
50
Scrap
tires
from
that
person’s
commercial
or
business
activities
or
maintain
such
an
accumulation
on
ni,’
commercial
or
business
property
unless
the
tires
arc
either:
1)
uruinca
QL
waLer on
~ne
aay
ot
receipt and kept dry by being:
~ccumu~.
A)
Placed within
128—352
—
-i
—
—
—
,-.
—
—‘
—
-.—
—
4)
—.“~---“~-~-
31
B)
Covered by material impermeable to water; or
receipt
and processed
mt
tires
within 14 days;
or
o
a.
cflt~J
V C
precipitati
3)
Drained of water on the day of generation or
receipt and treated within 14 days, with a
pesticide appropriate to prevent the development of
mosquito larvae and pupae, and treated again as
often os necessary to prevent such development,
taking into account the persistence
(effective
life)
of the pesticide utilized;
or
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)
‘nf
fh~
ir~iri~
11f11j~r9
Section
849.105
Alternate
Management
Programs
For
Accumulations
of
Scrap
Tires
1
~
b)
Requests
for
statements
of
substantial equivalency shall
be submitted to the Illinois Department of Public Health
and shall be accompanied by information sufficient to
allow the Department to assess the effectiveness of the
alternative program.
Such requests shall be sent to~
128—353
C)
Drained or othcrwise managed ~
.~
event;
or
I
st
s~
~L.
.‘.‘-‘_1
~
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 049.104.
A person. may file
a plan on behalf of one or more persons for the
management of a number of different accumulations.
Each
person whose program is included in the plan need not
file a separate plan, but must be identified in the
submitted plan.
32
Dnmental
Health
Office
of
Health
Protection
Illinois
Department
of
Public
Health
525
W.
Jefferson
Street
Springfield,
IL
C2761
Section 849.10G
Pesticide Application
i-ersons applying pcsticide~i
-i-n
~r~rnn
tir~
mii~t.
r~nmn1v
~iith
th
requirements of the Illinois iesticiae
Act
‘iii.
iev. ~tat.
19W.
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 C2794 9201
IT
IS
SO ORDERED.
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify tha~,~ie
above Opiniox~,and Order was
adopted on the
/7~’~
day of
_____________________
1991 by a vote of
-
Dorothy N.
unn,
Clerk
Illinois Pollution Control Board
128—354
