(b) A tire collection center must comply with the following technical and operational standards:

1. (1)

   1. (A) A tire collection center shall not be constructed, maintained, or operated in or within two hundred feet (200′) of any:

(i) Wetland;

1. (ii) Transitional wetland; or

   1. (iii) Isolated wetland.
   2. (B) A person may maintain a tire storage area within the two-hundred-foot setback upon demonstration to the Division of Environmental Quality that permanent control methods for residuals will result in compliance with water quality standards of the division;

2. (2) Stormwater control methods shall comply with all applicable federal and state:

   1. (A) Laws;
   2. (B) Regulations;
   3. (C) Rules; and
   4. (D) Permits; and

3. (3)

   1. (A) The tire storage area shall be designed and managed to divert stormwater or floodwaters around and away from the tire storage areas.
   2. (B) Specifically, if an open-top container or trailer is used as a tire storage area at a tire collection center, a stormwater permit will not be required if the container or trailer is covered with a tarp or placed under some type of constructed cover during inclement weather or when the business is closed.

   3. (C) If the tire storage area is open, uncovered, or not enclosed on all sides of the container or trailer, a stormwater permit is required unless written notice is received from the division that a permit is not required.

      1. (c)
4. (1) Tire storage areas must have clear signage that indicates the type of used tire in the tire storage areas.

5. (2) The types of tires are:

   1. (A) Waste tires;
   2. (B) Used tires culled for resale; and
   3. (C) Recyclable tires.

6. (3) If the tires are not segregated with clear signage, used tires culled for resale and recyclable tires shall be determined to be waste tires for enforcement purposes under this part.

   1. (d) Tire storage areas must have dimensions that are no greater than the following maximum dimensions:
7. (1) Width: fifty feet (50′);
8. (2) Length: one hundred feet (100′); and
9. (3) Height: fifteen feet (15′).

(f)

1. (1) The owner or operator shall develop and implement a program to control mosquitoes and rodents or request control measures from the local mosquito and vector control office to protect the public health and welfare.

2. (2) Mosquito control measures may include any one (1) or more of the following to be used during inclement weather or when the business is closed:

   1. (A) Covering the storage site, tire pile, container, or trailer used for the collection and storage of any combination of waste tires, used tires culled for resale, and recyclable tires with a tarp; or
   2. (B) Placing any used tires under some type of constructed cover.

(g) If the storage site receives tires from persons other than the operator of the storage site, a sign shall be posted at the entrance that is legible from a distance of twenty feet (20′) and that states:

1. (1) Operating hours;
2. (2) Cost of disposal; and
3. (3) Storage site rules.

(h) Operations involving the use of open flames shall not be conducted within twenty-five feet (25′) of a tire storage area.

1. (i) An approach and all-weather access road to the tire storage areas shall be kept passable for any motor vehicle at all times.

(j)

1. (1) Access to the site shall be controlled through the use of fences, gates, natural barriers, or other means approved by the division.
2. (2) However, at tire collection centers where used tires are collected and stored in containers and trailers, the installation of a fence will not be necessary if the tire collection center uses another method that is approved by the division.

(k)

1. (1) Tire storage areas must have surface water run-on/run-off controls, such as berms and ditches, to prevent surface water from entering the area and to prevent liquid runoff from a potential tire fire from leaving the site or entering surrounding water bodies.

2. (2)

   1. (A) A tire collection center that allows tires to be deposited on the ground or a concrete slab must have surface water run-on/run-off controls.

   2. (B) A tire collection center that uses any type of container or trailer for collection and storage is not required to berm the tire storage areas.

      1. (l)
3. (1) Fire protection services for the site shall be assured and documented in the operating records through notification to local fire protection authorities.

4. (2) A fire safety survey shall be conducted by the local fire protection authorities annually.

   1. (m) Communication equipment shall be maintained to assure that the operator can contact local fire protection and emergency authorities in case of a fire.

(o)

1. (1) The operator shall prepare and keep at the site an emergency preparedness manual.
2. (2) The manual shall be updated at least once a year and more frequently if there are changes in operations at the site.

(r) The operator of the site shall maintain records of the quantity of used tires and used tire materials:

1. (1) Received at the site;
2. (2) Stored at the site; and
3. (3) Shipped from the site.