ILLINOIS POLLUTION CONTROL BOARD
February 6,
1992
IN THE MATTER OF:
)
)
USED
AND
WASTE TIRE REGULATIONS
)
R90-9B
(35 Ill.Adm.Code 848)
)
(Rulemaking)
(35 Ill.Adm.Code 849)
)
ADOPTED RULE.
FINAL ORDER.
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—
9B, was bpened 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 was
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).
On February 4,
1992 the Joint
Committee on Administrative Rules considered these rules and the
agreed changes to them and issued its certificate of no
objection.
Today the Board votes to send these rules to the
Secr?tary of State for final notice publication in the Illinois
Register.
PUBLIC PARTICIPATION
A hearing was held in this matter on September 27,
19.91 at
the State of Illinois Center,
Chicago,
Illinois.’
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 Pub’ic
1
References to the record of this hearing are denoted
“3R._”.
References to the hearings in Docket A of this rule
are denoted “iR.”
for the June 22,
1990 hearing and “2R.”
for those of the August
9,
1990 hearing.
The Board wishes to acknowledge Anand Rao of the Board’s
Scientific and Technical Section and Board Attorney Marie Tipsord
for their contributions to this rulemaking and,
in addition, the
efforts of Mark P.
Miller, the Hearing Officer for this matter.
130—141
2
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 Division
(PC
19).
The balance of the public comments are discussed under the
section by section discussion below.
PART 849
The Board decides today to send the repeal of the Part 849
management standards to final notice publication in the Illinois
Register’.
This is done in order to repeal the existing
management standards so that the “old” and “new” management
standards do not overlap.
The new Part 848 management standards
became 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 agreed with the Agency,
therefore, that these tires are not “reused tires”.
The Agency supported an exemption from the regulations for
truly reused tires however.
(3R.11)
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
130—142
3
Board concluded,
therefore,
that they should not be subject to
Part 848 management standards provided they are altered to
prevent accumulation of water.
In a similar manner,
the Agency believed that the Board
should reconsider its previous decision not to exclude small tire
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 establishing
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 burns of
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 Nossville
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 shredding
whole tires into TDF.
The shredding costs reported to the Agency
range between 14 to 40 dollars per ton,
(3R.14).
The Agency-
130—143
4
believes that unless a financial incentive to process whole tires
into TDF is given, processors will only conduct primary
shredding.
This would leave a material that is unusable and
which truly needs to be covered by financial assurance.
(3R.l5)
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 ~48.1O1 “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 agreed that an exemption from the regulations
should be given for tires processed into TDF and other small
sizes such as crumb rubber.
The question was how to define TDF
and from what portions of the Part 848 standards the exemption
should be given.
The Agency suggested exempting tires processed
so their dimensions are
2 inches or less.
(~4.)
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.
(u.)
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
130—144
5
shredders have been shown to be sensitive to these market
concerns and are already moving toward this standard.
Therefore,
the Board chose to limit exemption to the “two inch minus”
standard and inserted an exemption for such 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
mosquito 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)
Fogging
to kill adult mosquitoes does not address the underlying problem
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 problem is
identified.
The rule already emphasizes non—chemical control by
mandating steps to keep water from accumulating in tires at most
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 treatment 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
130—145
6
of provide a solution to our problem.”
“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 inspection at
the Lakin facility has proven economical and effective.
The Board believed that the use of pesticides in response to
an inspection which finds mosquito larvae present was intended by
the Act.
Likewise, the use of approved larvicides in tires that
are awaiting shipment to a processor was reasonable.
The Board
also noted 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 sense 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.
130—146
7
Once you startworking 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
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 did
not adopt a rigid numerical standard, but will now review each
situation on its own merits.
Persons wishing to demonstrate 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 849.105
of the “old” management standards which are repealed in this
proposal.
The management plan concept was moved to Sections
848.206 and 207.
At hearing the Agency said it had “no problem”
with IDPH being involved
(3R.l04) but did request that IDPH act
quickly in reviewing plans.
(3R.lll)
The Board restored IDPH to
the review process, and placed a deadline on IDPH review.
.
After
45 days, the Agency must make the determination regarding
adequacy of the plan if IDPH fails to do so.
It should be noted,
however, that having an approved alternate management plan does
not act as a shield 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,
1991,
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 ~ize.
They would instead be allowed to develop an alternate management
plan.
At hearings
in Docket
(A)
of this proposal Lakin General
raised the issue of whether retreaders should receive a credit in
terms of financial assurance requirements for retreadable tires.
(1R.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 to
130—147
8
be abandoned.
At hearing, the retreaders agreed to the scope of
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 whjch could be
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
retreadei~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 disagreed 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.130)
This price is a reflection of its market value, to that retreader
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 tire
does so would place an unnecessary burden on that industry.
The
exemption is viewed as a means of encouraging a beneficial use of
tires.
The Board believed 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 limited the
exemption given.
The Board found 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 indicated 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
130—148
9
retreadable tires.
The rule being adopted 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.
Accordingly, the Board has fashioned the relief in terms of
a retreader’s threemonth tire production experienced in the past
calendar year.
In order to simplify the bookkeeping
requirements, the adopted 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
proceeded this 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”.
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 believed 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 found it desirable 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,
added 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
130—149
10
January
1,
1992 will be considered “existing facilities.”
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 believed this language “establishes a strong incentive
for owners and operators of tire disposal sites to maintain
compliance with their removal agreements.”
(a.)
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 believed an exemption is
warranted and will aid in cleaning up tire piles.
The Board
granted an exemption to persons with a tire removal agreement,
but dropped the language relating to actual removal.
The
exemption as adopted 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 Retr.eaders 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
130—150
11
problem downstate.
He asked for an exemption for the storage of
used farm tires,
as many farmers,
in this economy, will purchase
used farm tires for later use, and store them on site.
(3R.l19—
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 on site for
their operations.
(3R.125)
The current proposal, he admitted,
probably gives these retreaders the relief they need from the
managemeht standards.
(3R.127)
Midwest 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 did adopt this language as part of the rule.—
The
matter has not been sufficiently explored.
The Board noted 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..
of the Act)
or variances.
(Title IX of the Act)
Of the three relief mechanisms, two
130—151
12
provide permanent relief from the effect of the rule upon a
specified showing.
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.l6)
However, this section was 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.
Complete Text of Rules
The Board reminds all participants that the full text of the
new Part 848 management standards,
as they are now amended, does
not appear in today’s Order.
Participants must read today’s
amendments together with the Board order adopting the rules
in
R90-9(A),
dated April
25,
1991,
in order to have a complete and
current text of the new Part.
Participants may contact the
Secretary of State for
a copy of the full Part,
as amended, once
these amendments have been accepted and published by that office.
The Board expects that to happen prior to March 15,
1992.
ORDER
The following rules are hereby adopted.
The Board directs
the Clerk of the Board to submit these rules to the Secretary of
State for final notice 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
130—152
13
Section
848.201
848.202
848.203
848.204
848.205
848.206
848.207
848.208
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
SUBPART C:
RECORDKEEPING AND REPORTING
SUBPART D:
FINANCIAL ASSURANCE
Section
848.400
‘848.401
848.402
848.403
848.404
848.406
848.407
848.408
848.410
848.413
848.415
Scope and Applicability
Upgrading Financial Assurance
Release of Financial Institution
Application of Proceeds and Appeal
Removal. 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
Section
848.601
Tire Transportation Prohibitions
Section
848.301
848.302
848.303
848.304
848.305
848.306
Applicability
Records
Daily Tire Record
Annual Tire Summary
Retention of Records
Certification
Section
848.501
848.502
848. 503
848.504
848.505
848.506
848.507
848.508
848.509
130—153
14
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”
tllustration 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 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.
111 1/2, par,
1,055)
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.
Thth Part 3hall not
~r~r~1v
to any Gitc at which tirc3 are
retreaded if the owner or operator of 2uch a aitc holdc
a valid
rcgi2tration ac~a tire retreader purcuant to 49 CFR 571.117 and
49 CFR 574
(incorporatc~
by
refcrcnoc at Coction 848.105)
and
complic3 with 35
Ill.
Awii.
Coae 849.
This Part does not apply
to:
~j
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
~j
Reused tires which have been altered to prevent the
accumulation of water.
130—
154
15
(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
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
130— 155
16
ILLINOIS, EXCEPT IN A LANDFILL PERMITTED BY THE
AGENCY PURSUANT TO 35 ILL. ADM. CODE
PART
807 p~
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.
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 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
130—156
17
site, and all other tire storage units by a
separation distance that is not less than the
distance identified by the following:
Required Separation Distances
From Tire Storage Units
(in feet)
Tire Storage Unit Height
-‘(in feet)
__________
8
12
16
20
25
56
67
77
85
Unit
Face
50
75
93
107
118
Dimensions 100
100
128
146
164
(feet)
150
117
149
178
198
200
130
167
198
226
250
140
181
216
245
d)
In addition to the requirements set forth
in
subsections
(b) and
(c)
of thi~aSection, 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 m?an~ for accc~sthrough or over
the
berm
or other otructurc,
and capable of
containing runoff resulting from tire fires,
and
accessible by fire fighting equipment; except that
the owner 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
130—157
18
Owners or operators of tire storage sites or tire disposal sites
treating used or waste tires with pesticides pursuant to Section
848.203
this
Part or Title XIV of the Act 2hall meet the
following rcquircmcnto:
a)
Use a pesticide labelled for control of mosquito larvae
unless an adult mosquito problem is identified.
ab)
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
b).
ad)
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.
~j
Registration.
The site was operated by a
tire retreader who, as of January
1.
1992,
held a valid registration with the U.S.
Department of Transportation as a tire
retreader under 49 CFR 571.117 and 574.
(October
1,
1990).
This incorporation
includes no later amendments or editions.
130—158
19
~j
Number of Tires.
The facility cOntains ‘no
more than 100,000 whole used or waste tires.
,çj
Equipment.
The retreader:
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.
Qj
Segregation.
The owner or operator of the
site segregates tires intended to be
retreaded from those tires determined to be
unsuitable for retreading.
ZL
Score of Exemption.
~j
The following Sections do not apply:
Pile separation distances specified
at Sections 848.202(b) (1) and (2)
Lii
The storage limitations on whole
tires
specified
at
subsection
848.202(b) (5);
iii)
Tire storage unit requirements of
Sections 848.202(c) (4) and
(5); and
jyj
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 previ’ous
calendar year’s tire production as shown by
documentation maintained at the site.
.~j.
Alternate Management Standards.
As a cart 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 threats of fire
130—159
20
and mosquito breeding.
Such a plan shall
include, but ,is not limited to. tire storage
arrangements, aisle space, access to fire
fiqhting ~erscnne1 and equipment and 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
(a)_(3) (A)
is adeguate 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 onerator has the burden of
demonstrating that the threat of mosquito
breeding has been minimized.
Re~estsfor
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.
~j
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
(October 1,
1990).
This incorporation
includes no later amendments or editions.
~j
Equipment.
The retreader:
J~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
JJJ
Maintains documentation at the site
which demonstrates that an average of
500 or more tires per operating day were
130—160
21
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.
~j
Segregation.
The owner or operator of the
site segregates tires intended tQ be
retreaded from those tires determined to be
unsuitable for retreading.
~j
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.
fl
Alternate Management Standards..
As a cart 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.
~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
130—16 1
22
shall
be sent to:
Division of Environmental Health
Office of Health Protection
Illinois Department of Public Health
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.
~
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
(October 1,
1990).
This incorporation
includes no later amendments or editions.
çj
Equipment.
The retreader:
il
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
Lii
Maintains documentation at the site
which demonstrates that an average of 20
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
~j
The tire storage limitation of Section
848. 202 (b) (5)
Alternate Management Standards.
As
a part of the
130—162
23
contingency plan requirements of Section 848.203
the owner or operator shall:
~j
Within 90 days after the effective date ‘of
these regulations develop and implement a
tire storage plan to minimize the threats of
fire and mosquito breeding.
Such a elan
shall include, but is not limited to, tire
storage arrangements, aisle space,
access to
fire fighting personnel and equipment and
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
(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.
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
(Source:
Added at 16
Ill.
Reg.
,
effective
Section 848.207
Exemptions for Tire Stamping and Die Cutting
Facilities
~
Existing Sites.
Sites which meet all of the conditions
of subsection
(a) (1) are exempt as set out in
subsection
(a) (2).
jj.
Conditions for exemption.
~j
Operation.
The site was in operation as a
tire stamping 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.
~j
Equipment.
The stamping ‘and die cutting
130—163
24
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
~
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:
Pile separation distances specified
at Sections 848.202(b) (1)
and
(2);
The storage limitations 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 ôost
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
130—164
25
stor~ge
plan
to
minimize
the
threats
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.
~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 adequat~eto 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
~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.
~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 accor~dance
with the equipment manufacturer’s
specifications;
and
Qj
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
130—165
26
estimated production for the first two
months, and average monthly production
thereafter,
until
a calendar year of data is
available.
Qj
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.
~
Scope
o’f 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 use 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:
~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.
~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 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
130—166
27
Office of Health Protection
Illinois Department of Public Health
525 W. Jefferson Street
Springfield,
Illinois
62761
effective
)
_______________
E~xemptionsfor ,Sites with a Tire Removal
Agreement
Owners
atid 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
in:
MANAGEMENT OF SCRAP TIRES
PART 849
MANAGEMENT OF SCRAP TIRES
Section
PS
A
PS
PS
1
fl
—
I
—
1
ø’e.’.
849.
,LUJ.
102
ULL.LILJ~L1OflL~
Severability
849.103
i~cportingand Record Keeping
849.104
Management Standardo for Accumulationo of Scrap Tirco
849.105
Alternate ~anagcmcnt Programs For Accumulations of Scrap
Tires
849.106
Pesticide
Application
AUTHORITY:
Implementing Section 22 and authorized 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 R88-12 at 12
Ill.
Beg. 8485
effective May
1,
1988,
for
a maximum of 150 days; emergency
expired Soptenthor 28,
1988k adopted in R88—24 at
13 Ill.
flog.
7949,
cILcc’clve
June
1,
1989.
NOTE:
Capitalization denotes statutory language.
Seocion
~~LJ.iUi
~
Except
as stated herein and unless a different moaning 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 u~odin
the Environmental Protection Act
(Act)
-(Ill.
Rev.
Stat.
1987,
ph.
111 1/2,
par.
1001 et seq.).
(Source:
Added
at
16
Ill.
Reg.
Section
848.208
130—167
28
I
——
—
—
,.a..
I
_t.,
‘L.
—
—
manufactured into
.a usable proaucc ocncr than a tire, or
otherwise altered so that it
is no longer capable of
holding accumulations of water.
Converted tires
include,
but arc not limited to, those which have been:
shredded,
chopped, 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 converted tire.
—
s.I__
t___
1 of a tire fr
ItNew
Tire”
means
a
tire
which
has
never
been
placed
on
a
motor vehicle wheel
(rim)
for usc.
“PERSON” IS
ANY
INDIVIDUAL, PARTNERSHIP,
CO-PARTNERSHIP,
FInN,
COMPANY, CORPORATION, ASSOCIATION, JOINT STOCK
COMPANY, TRUST, ESTATE,
STATE ACENCY,
OR
ANY
OTHER LEGAL
ENTITY,
OR
THEIR
LECAL
REPRESENTATIVE,
ACENT
OR
ASSIGNS.
(Section
3.26
of
the
Act.)
“Reproccosed
retreaded or
Tire” means a
rcgroovcd and
tire
which
which
has
has
not
been
been
recapped,
olaced on
wheel
(rim)
sinec.
~
~
-
~.p~eS.
ttt.I”51
use
on
a
motor
vehicle
and
separated
from
the
wheel
(rim).
Any tire which is not a new tire, converted tire
or rcproccsscd 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
~rinr~ii
for placement on the wheel
(rim)
of a motor vehicle.
If any provision of this Part is adjudged invalid,
or if the
r~r~r~1
ir~itinn
thc~rr~t,f
tin
~riv
~r~-r~nn
nr
in
rinv
nirnumptanpe
in
adjudged
of
this
invalid,
Part as a
such
invalidity
shall
not
affect
whole or of any. Subpart, Section,
the
validity
subsection,
sentence or clause thereof not adjudged invalid.
Section 849.103
Reporting and Record Keeping
130—168
29
a)
Any person subject to the requirements of Sections
849.104 or 849.105 shall by July
1,
1089, report to the
Illinois Environmental Protection Agency
(Agency)
the
information requircd in subsection
(c).
b)
Any person who after July
1,
1989,
accumulates more than
50 scrap tires such that he is subject to the
requirements of Sections 849.104 or 849.105 shall report
to the Agency within 45 days of accumulation of such
scrap tires the information rcquircd in subsection
(c).
c)
Information required:
1)
i-nc
,r’rr~tt
name
ana
nn~t
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;
6)
What use or disposition a person makes or plans to~
make
of the scrap tires; and
The manner in which the accumulation is stored
7)
prior to such usc or disposition.
8)
The location at which the written compliance plan
and documentation required by Section 849.103(c)
arc maintained and available for inspection by the
Agency.
d)
Reports
Illinois Environmental Protcoti
Division of Land Pollution Cont
2200 Churchill Road
P.O. Box 19276
Springfield,
IL
62794—9276
130—169
30
~!
~“J
£“
C A t~.
I
tt A
..
~‘.—
0
A fl
I
t\ ~
...,~-.
1
1
—
-:~
—
—
1
~~_~l_~_
~C
compliance plan to achieve compAance with tnosc
Sections for managing scrap tires to control larval and
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
being implemented.
This activity may include but shall
not be limited to the followin~~c:
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;
4)
Documentation showing approval of any Alternate
Management Program under Section 849.105;
5)
Documentation riuch as hauling contracts
6)
Such other information as may be useful or
necessary to document that the plan is being
implemented
as
planned.
f)
The
compliance
plan
and
documentation
required
by
subsection
(c)
shall
be
available
for inspection by the
r~r~rr~
~t. r
—
t imr’n
tiii’ri
nn- nnrm~1
hiini
n,—nn
hniirn
-
Section
849.104
Standards for Accumulations of
a)
This
Section
does
not
apply
to
s-olcly as a result of personal
scrap
tires
accumulated
(i.e., noncommercial),
agricultural, horticultural, or livestock raising
activities.
In addition, this Section does not apply
units of local and State government.
to
b)
rn~
n1hr’~trin,-
provided in Section 849.105,
between
I
Exce~
April
1 and November
.,
no person shall accumu...~..
maintain an accumulation of more than 50 scrap tires
from that person’s commercial or business aotiv~~
maintain such an accumulation on any oommcr
business property unless the tires arc eitherz
urainca or water on cne aay or
receipt and kept dry by.bcing:
130—170
which
scrap
tires
arc
removed
from
u~
trequcnoy
the
location~
or
or invoices
cial or
31
A)
Plçtced
within
a
closed
oontaincr
or
structure
B)
Covered
by
material
impermeable
to
water;
or
(~)
flrn
i
nr’ti
nr
nr~ mnnnrir~d
,~nnn
tin
rr~mcv.rr
water
within
24
hours
aftcr
each
precipitation
event;
or
2)
Drained
of
water
on
the
day
of
receipt and processed into con’
tires
within
14
days;
or
3)
Drained
of
water
on
the
day
of
‘—,.——~.-—————
..
,
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
4)
Treated on the day of generation or receipt with
pesticide appropriate to prevent the development
a
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.
te Nanagr~taentProgi
acions or
flr~rnn
Tir
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 compliande with
the requirements of Coction 849.104.
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
nlnn
but must be identified in the
submitted
~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
t-e
130—171
32
allow the Department
alternative program.
to assess the
Such requests
effectiveness
shall be bent
of the
to:
nf
gnyi
rtcaicn
Illinois Dcpartin
525 W. Jefferson Street
Springfield,
IL
62761
•~,__-l.&_I_~
Section 849.106
Pesticide Applicati
ch.5,
par.
801 et
Information is available from:
Illinois
Bureau
of
Department
of
Agriculture
Plant
~.
Apiary Protection
State Fairgrounds
P.O. Box 19281
Springfield,
IL 62794—9281
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
certify
tl)at
the
above
Opinion
and
Order
was
adopted
on
the
____________
day
of
____________________
l9o2byavoteof
____________
of Public Health
Persons applying
rniimi-~nf’~ rtf
pesticides
th?~ Tll4nni’-
to scrap tires
P
f4i--irlt-
~r’t
must
(Ill.
comply
P
with
~1nf
the
1~7,
(-7
Dorothy M. Q~nn,Clerk
Illinois Po~(lutionControl Board
130—172
