PURPOSE: This rule sets forth requirements for obtaining a permit as a scrap tire hauler.

1. (1) Applicability.

   1. (A) 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. 1. A scrap tire is a tire that is no longer

suitable for its original intended purpose because of wear, damage or defect.

1. A. A tire no longer suitable for its

original 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. B. Any tire that is discarded with the

intent of final disposal is also a scrap tire.

1. C. A cut tire, for the purposes of dis-

posal 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. D. 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. E. A passenger tire equivalent (PTE),

for the purposes of calculating the amount of tires, equals twenty (20) pounds.

1. (B) Permit Exemptions. The following persons are not required to obtain a permit to haul scrap tires provided that pollution, a public nuisance or a health hazard is not created:

   1. 1. A person who does not haul for con-

sideration (monetary or non-monetary compensation) or commercial profit;

1. 2. A person hauling warranty tires or

new defective tires to the retailer, wholesaler or manufacturer for adjustment credit or return; or

1. 3. A person hauling scrap tires which

have been generated at his/her own business or residence, provided that this transportation is done using his/her own employees and vehicles.

1. (2) Scrap Tire Hauler Permit Requirements.

   1. (A) Permit Application. A person applying for a scrap tire hauler permit shall submit the following information to the Missouri Department of Transportation, Motor Carrier Service, PO Box 893, Jefferson City, MO 65102-0893. This information must be submitted at least thirty (30) days prior to expiration of the permit.

      1. 1. A completed application form provid-

ed by the Missouri Department of Transportation.

1. 2. Other information deemed necessary

by the Missouri Department of Natural Resources and the Missouri Department of Transportation to ascertain compliance with sections 260.200 through 260.345, RSMo and implementing rules.

1. 3. A nonreturnable scrap tire hauler per-

mit fee in the amount of one hundred dollars ($100) shall be submitted with the completed application form. The fee shall be in the form of a check or money order made payable to the Department of Natural Resources.

1. (B) Application Review, Approval and Denial. The Missouri Department of Natural Resources and the Missouri Department of Transportation shall review applications submitted under this rule. The Missouri Department of Transportation shall approve the application and issue a permit or shall deny the application.
2. (C) Permit Issuance, Suspension and Revocation. A scrap tire hauler permit issued pursuant to this rule shall remain valid for a period of one (1) year unless suspended or revoked by the Missouri Department of Transportation. A scrap tire hauler permit may be revoked or suspended for noncompliance with the provisions of sections 260.200 through 260.345, RSMo or corresponding rules.

3. (D) A person who has, within the preceding twenty-four (24) months, been found guilty or pleaded guilty to a violation of section 260.270, RSMo which involves the transport of scrap tires may not be granted a permit to transport scrap tires unless the person seeking the permit has provided to the Missouri Department of Natural Resources, Scrap Tire Unit and to the Missouri Department of Transportation, Motor Carrier Service a performance bond or letter of credit as provided under this subsection.

   1. 1. The bond or letter shall be condi-

tioned upon faithful compliance with the terms and conditions of the permit and section 260.270, RSMo and shall be in the amount of ten thousand ($10,000) dollars.

1. 2. Such performance bond, placed on

file with the Department of Natural Resources, shall be in one (1) of the following forms:

1. A. A performance bond, payable to

the Department of Natural Resources and issued by an institution authorized to issue such bonds in this state; or

1. B. An irrevocable letter of credit

issued in favor of and payable to the Department of Natural Resources from a commercial bank or savings and loan having an office in the state of Missouri.

1. 3. Upon determination by the Depart-

ment of Natural Resources that a person has violated the terms and conditions of the permit or section 260.270, RSMo, the Department of Natural Resources shall notify the person that the bond or letter of credit shall be forfeited and the moneys placed in an appropriate subaccount of the Solid Waste Management Fund, created under section 260.330, RSMo for remedial action.

1. 4. The Department of Natural Resources

shall expend whatever portion of the bond or letter of credit necessary to conduct resource recovery or nuisance abatement activities to alleviate any condition resulting from a violation of section 260.270, RSMo or the terms and conditions of a permit.

1. 5. The requirement for a person to pro-

vide a performance bond or a letter of credit under this rule shall cease for that person after two (2) consecutive years in which the person has not been found guilty or pleaded guilty to a violation of section 260.270, RSMo.

1. (3) Operating Requirements.

   1. (A) Record Keeping.

      1. 1. During periods when a vehicle con-

tains scrap tires, a scrap tire hauler shall maintain the current permit inside in the vehicle.

1. 2. Record Keeping Requirements. A

scrap tire hauler shall maintain tracking and summary reports as required by the Department of Natural Resources on forms provided by the Department of Natural Resources or on similar forms or in a similar format that has been preapproved by the Department of Natural Resources. The tracking report(s) shall be filled out for each load delivered to an approved destination and shall include all applicable collection and receiver data. The reports shall be submitted to the Department of Natural Resources, Solid Waste Management Program, PO Box 176, Jefferson City, MO 65102 by the fifteenth of each month after the date the tires were delivered to their destination.

1. 3. 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 of Natural Resources 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 of Natural Resources or its designated representative upon request.

1. (B) Destination. A permitted scrap tire hauler shall transport scrap tires to—

   1. 1. A registered scrap tire end user pro-

vided that the end user is in compliance with all applicable state and federal laws and regulations;

1. 2. A solid waste disposal area or trans-

fer station permitted by the Department of Natural Resources;

1. 3. A solid waste processing or scrap tire

processing facility permitted by the Department of Natural Resources;

1. 4. A scrap tire collection center;
2. 5. A permit-exempt facility, provided the

scrap tires are stored and/or processed in compliance with 10 CSR 80-8.050(5); or

1. 6. Out-of-state (provided that transport

and the final destinations are in compliance with the requirements of that state).

1. (C) Mixed Loads. No tires shall be transported with other material on one vehicle if it could result in a hazardous combination likely to cause explosion, fire or release of a dangerous or toxic gas or in violation of any 10 CSR 80-8

applicable federal, state or local law or regulation. Scrap tires sorted from used tires shall not be stored in excess of seven (7) consecutive days.

1. (D) Any person permitted as a scrap tire hauler shall notify the Missouri Department of Natural Resources, Scrap Tire Unit and Missouri Department of Transportation, Motor Carrier Service within thirty (30) days of any change of address, phone number, type and number of vehicles, or destination of tires hauled. Registered or certified mail sent to a permitted scrap tire hauler with proper postage and last known address that is returned unclaimed shall be considered adequate notification of notice served. Refusal to accept mail is a violation of these regulations.

AUTHORITY: sections 260.225, RSMo 2000 260.270 and 260.278, 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; 260.270, RSMo 1990, amended 1995, 2002, 2005; and 260.278, RSMo 1995, amended 2005. **The 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.