(a)

1. (1) All whole tires, used tires, waste tires, recyclable tires, used tires culled for resale, tire bales, processed tires, and residuals shall be stored in accordance with the tire storage requirements in this part.
2. (2) Tires received for processing, but remaining on trailers for a period of time, are also subject to the tire storage requirements of this part.

(b)

1. (1) A tire processing facility may not accept any used tires for processing if it has reached its storage limit, whether stored outdoors, indoors, or on a trailer.

2. (2)

   1. (A) The storage limit for a tire processing facility is thirty (30) times the daily capacity of the processing equipment used.
   2. (B) Owners or operators of tire processing facilities shall provide processing equipment specifications in their permit application or permit modifications from which daily capacity may be determined.
3. (3) In extraordinary cases, such as where a specific project requires a large accumulation of baled or shredded tires to complete an alternative end use initiative, the Division of Environmental Quality shall have the authority to increase the storage limit if all other requirements of this part are met.

(c) A tire processing facility must comply with the following technical and operational standards:

1. (1)

   1. (A) A tire processing facility 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 that permanent control methods for residuals will result in compliance with water quality standards of the division;
2. (2) Stormwater control methods shall meet stormwater requirements of the division; 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) If the tire storage area is open, uncovered, or not enclosed on all sides of the container or trailer, a stormwater permit from the Office of Water Quality of the division will be required unless approval is received, in writing, from the Office of Water Quality that a permit is not required.

      1. (d)
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.

(e) Tire storage areas must have dimensions that are no greater than the following maximum dimensions:

1. (1) Width: fifty feet (50′);
2. (2) Length: one hundred feet (100′); and
3. (3) Height: fifteen feet (15′).

(g)

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.

(h) 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.

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

(k)

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 processing facilities 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.

   1. (l)
3. (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.

4. (2)

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

      1. (m)
5. (1) Fire protection services for the site shall be assured and documented in the operating records through notification to local fire protection authorities.
6. (2) A fire safety survey shall be conducted by the local fire protection authorities annually.

(p)

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.

(s) 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.