PURPOSE: This rule contains the requirements for scrap tire collection centers.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) Definitions. Definitions for key words used in this rule may be found in section 260.200, RSMo. Additional definitions specific to this rule are as follows:

   1. (A) A scrap tire collection center is a site where scrap tires are collected prior to being offered for recycling or processing and where fewer than five hundred (500) scrap tires are kept on-site at any time.

   2. (B) A scrap tire is a tire that is no longer suitable for its original intended purpose because of wear, damage or defect.

      1. 1. A tire no longer suitable for its origi-

nal intended purpose due to wear is a tire with exposed cord or tread depth less than two thirty-seconds of an inch (2/32") when measured in any major groove.

1. 2. Any tire that is discarded with the

intent of final disposal is also a scrap tire.

1. 3. A cut tire, for the purposes of dispos-

al in a permitted solid waste disposal area, is a scrap tire cut in half circumferentially; sidewalls removed from tread; or cut into at least three (3) parts with no part being larger than approximately one-third (1/3) of the original tire’s size.

1. 4. A shredded or chipped tire, for the

purposes of disposal in a permitted solid waste disposal area, is a scrap tire that has been reduced to parts no larger than that defined in the definition of a cut tire.

1. (C) A passenger tire equivalent (PTE), for the purposes of calculating the amount of tires, equals twenty (20) pounds.

1. (2) General Requirements.

   1. (A) Scrap tire collection centers shall be used only for the proper and temporary storage of scrap tires. Scrap tires shall be removed for recovery or processing or for temporary storage at a permitted scrap tire processing facility or for permanent disposal at a permitted solid waste disposal area.
   2. (B) The collection center must be in compliance with the requirements of the department’s Clean Water Law, Chapter 644, RSMo and implementing regulations.
   3. (C) All tire retailers or other businesses that generate scrap tires shall use a scrap tire hauler permitted by the state of Missouri, except that businesses may haul such scrap tires without a permit, if such hauling is performed without any consideration (monetary or non-monetary compensation) and such business maintains records on the scrap tires hauled as required by section (5) of this rule.
   4. (D) Tire retailers shall not be liable for illegal disposal of scrap tires after such scrap tires are delivered to a scrap tire hauler, scrap tire collection center, scrap tire processing facility or scrap tire end-user facility if such entity is permitted by the state of Missouri.

2. (3) Applicability.

   1. (A) Exemptions. The following are not regulated as scrap tire collection centers provided that pollution, a public nuisance or a health hazard is not created and provided the 10 CSR 80-8

tires are stored according to the requirements of section (4) of this rule:

1. 1. A person collecting or storing less

than twenty-five (25) scrap tires at any time;

1. 2. Warranty tires or new defective tires

stored by tire retailers and wholesalers prior to transit to the wholesaler or manufacturer for adjustment credit or return;

1. 3. Tires that are to be reused without

further processing as vehicle tires (reused for the original intended purpose) that are separated from scrap tires within thirty (30) days of receipt at a scrap tire collection center, provided these tires are stored in compliance with the requirements of section (4) of this rule and are not stored outside for more than one (1) year;

1. 4. Any new-tire retailer or new-tire

wholesaler may hold more than five hundred (500) scrap tires for a period not to exceed thirty (30) days if such tires are stored according to requirements in section (4) of this rule;

1. 5. Any person licensed as an auto dis-

mantler and salvage dealer under Chapter 301, RSMo may, without further license, permit or payment of fee, store but shall not burn or bury on his/her property, up to five hundred (500) scrap tires that have been cut, chipped or shredded, if such tires are only from vehicles acquired by him/her, and such tires are stored in accordance with section (4) of this rule. Auto dismantlers and salvage dealers must arrange for the proper disposal of the scrap tires to take place within thirty (30) days. Appropriate documentation of the disposal arrangements shall be made available to the department upon request. In no case shall more than five hundred (500) scrap tires be stored for more than thirty (30) days unless the auto dismantler and salvage dealer is permitted as a scrap tire processor;

1. 6. Retreadable tire casings held in inven-

tory by tire retreaders for retreading that are stored separately from other scrap tires, provided these tires are stored in compliance with section (4) of this rule and provided they are not stored outside for more than one (1) year; or

1. 7. Tires stored in conjunction with a

department-approved or nonprofit cleanup if the scrap tires are stored for a period not to exceed thirty (30) days are exempt from this rule.

1. (B) This rule shall pertain to whole, cut, shredded, baled or chipped scrap tires.
2. (C) Underground storage of scrap tires requires a permit as a solid waste disposal area and shall comply with the requirements of 10 CSR 80.

1. (4) Storage Requirements.

   1. (A) Fire Protection. A scrap tire collection center shall comply with the fire protection requirements of this subsection.

      1. 1. The owner or operator of a scrap tire

collection center shall provide written evidence from the local fire protection agency that indoor or outdoor storage of whole or processed scrap tires complies with the currently applicable local or state fire protection standards, or the scrap tire collection center must comply with the 2006 International Fire Code, published by the International Code Council, Inc., 4051 W. Flossmoor Road, Country Club Hills, IL, 60478-5795, copyright 2006, which by this reference is incorporated into this rule. This rule does not incorporate any subsequent amendments or additions.

1. (B) Location. Scrap tire collection centers shall not be located in a wetland, sinkhole or floodplain (unless protected against at least the one hundred (100)-year flood design by impervious dikes or other appropriate means to prevent the flood waters from contacting the scrap tires).

2. (C) Vector Control. Conditions shall be maintained that are unfavorable for the harboring, feeding and breeding of vectors. If the method being used to control vectors is not effective, the owner/operator of the scrap tire collection center shall use an alternate method to correct the vector problem. The owner/operator of a scrap tire collection center storing tires shall use one (1) or more of the following methods of vector control:

   1. 1. Drain tires of water and keep them

dry within a building, enclosed trailer or under a cover that is impermeable.

1. 2. Alter tires so they do not retain water;
2. 3. Treat the tires with a larvicide and/or

adulticide appropriate to prevent the development of mosquito larvae and pupae and repeat treatment as often as necessary to prevent this development, taking into account the effectiveness and life of the larvicide and/or adulticide utilized;

1. A. Larvicides and/or adulticides shall

be applied in accordance with their labels, Chapter 281, RSMo and its implementing regulations.

1. B. The dimensions of the tire pile and

the method of stacking the tires must allow for application of the larvicide and/or adulticide to all tires; and

1. 4. Alternate methods of vector control

must be approved by the department.

1. (5) Record Keeping Requirements. The owner/operator of a scrap tire collection center shall maintain records, on forms provided by the department, as required by this rule. All records required by this rule shall be kept for at least three (3) years. The period of record retention extends upon the written request of the department or automatically during the course of any unresolved enforcement action regarding the regulated activity. The records shall be made available for inspection by the department or its designated representative upon request. Scrap tire collection centers shall also maintain records of vector control activities.

AUTHORITY: sections 260.225 RSMo 2000 and 260.270, RSMo Supp. 2006.* Original rule filed Jan. 3, 1991, effective July 8, 1991. Amended: Filed March 17, 1992.** Emergency rescission of the 1992 amendment filed March 19, 1997, effective April 1, 1997, expired Sept. 27, 1997. Rescission of the 1992 amendment filed April 3, 1997, effective Aug. 30, 1997. Amended: Filed April 16, 1997, effective Dec. 30, 1997. Amended Filed Jan. 2, 2007, effective Sept. 30, 2007. *Original authority: 260.225, RSMo 1972, amended 1975, 1986, 1988, 1990, 1993, 1995 and 260.270, RSMo 1990, amended 1995, 2002, 2005.

**Missouri Supreme Court in Missouri Coalition for the Environment, et al., v. Joint Committee on Administrative Rules, et al., Case No. 78628, dated February 25, 1997, ordered the secretary of state to publish this amendment. The Missouri Department of Natural Resources subsequently filed an emergency rescission of this amendment as well as a proposed rescission of this amendment which became effective August 30, 1997. See the above authority section for filing dates.