PURPOSE: This rule complies with section 260.276, RSMo which allows for any person, firm, corporation, state agency, charitable, fraternal, or other nonprofit organization to bid on a contract for resource recovery or nuisance abatement activities authorized under this section.

1. (1) General. This rule applies to any person involved in the activities set forth in this rule. The department shall fully or partially bid, in accordance with the terms and conditions of the state of Missouri Office of Administration’s bid process, contracts for removing and properly disposing of scrap tires that are stored in violation of the Solid Waste Management Law and implementing rules and/or to those that pose a public nuisance or a threat to the health or welfare of the public.

   1. (A) Bid applications will be reviewed and ranked in accordance with the state of Missouri Office of Administration’s bid procedure authorized in Chapter 34, RSMo.
   2. (B) Bids for cleanups will be awarded in accordance with state of Missouri Office of Administration’s contract award procedures authorized in Chapter 34, RSMo.
   3. (C) Awarded bids will be ranked pursuant to the criteria set forth in section (3) of this rule.
   4. (D) Cleanup Contract Payment and Records. Contractors shall be paid and records kept in accordance with the state of Missouri Office of Administration’s bid document terms and conditions.
   5. (E) All cleanup contracts are subject to the department’s funding availability and appropriation.

   6. (F) All scrap tire site cleanups must adhere to Best Management Practices (BMPs) for water pollution control as follows:

      1. 1. Erosion and sediment control.

         1. A. Stabilize all high traffic areas, including entrance and

exit areas, to minimize vehicle tracking.

1. B. Minimize run-on from adjacent properties through

the use of diversion dikes, berms, or equivalent.

1. C. Trap sediment at down-gradient locations and outlets

serving unstabilized areas. This may include filter fabric fences, sediment traps, vegetated swales or strips, diversion structures, retention/detention basins or equivalent;

1. 2. Oil and grease.

   1. A. Maintain equipment to prevent leaks and spills.
   2. B. Use drip pans or other containment under equipment

or around petroleum storage areas.

1. C. Have materials such as absorbent pads easily accessi-

ble to clean up spills and leakage.

1. 3. Application of fertilizers, pesticides, and herbicides.

   1. A. Observe all applicable federal, state, and local regula-

tions when using these products.

1. B. Strictly follow recommended applications rates and

methods (i.e., do not apply in excess of vegetative requirements).

1. C. Have materials such as absorbent pads easily accessi-

ble to clean up spills.

1. D. Properly dispose of all containers.
2. E. The use of petroleum products for vegetative control

is prohibited;

1. 4. Maintenance.

   1. A. Conduct inspections of BMPs.
   2. B. Perform preventative maintenance as needed on

BMPs;

1. 5. Provide employee training on proper handling and

maintenance practices; and

1. 6. Discharges shall not cause violations of the general cri-

teria in the Water Quality Standards in 10 CSR 20-7.031(3).

1. (2) Eligibility. Any person, firm, corporation, state agency, charitable, fraternal, or other nonprofit organization may bid on a contract for each resource recovery or nuisance abatement activity.

   1. (A) Vender Preference. In letting contracts for the performance of any job or service for the removal or cleanup of scrap tires under this chapter, the Department of Natural Resources shall follow sections 34.073, 34.076, and 260.279, RSMo.

2. (3) Nuisance Abatement and Resource Recovery Activities.

   1. (A) The department shall give first priority to cleanup of illegal scrap tire sites owned by persons who present satisfactory evidence that such persons were not responsible for the creation of the nuisance conditions or any violations of sections 260.270 through 260.278, RSMo at the site. In evaluating whether a site qualifies for cleanup under this subsection, the department may consider:

      1. 1. The degree of responsibility or culpability of such per-

sons for the creation or maintenance of the scrap tire site;

1. 2. The extent to which such persons profited from the haul-

ing, disposal, and/or storage of the scrap tires;

1. 3. The extent to which such persons took steps to stop the

illegal deposition of tires on the property;

1. 4. The nature of such persons’ interest in the property on

which the scrap tires were deposited; and

1. 5. The degree of cooperation that such persons provide to

the department in abating the scrap tire violations, including the willingness of such persons to allow timely access to the property to conduct any nuisance abatement or resource recovery activities.

1. (B) The department shall conduct resource recovery or

nuisance abatement activities designed to reduce the volume of scrap tires or alleviate any nuisance condition at any site if the owner or operator of such a site fails to comply with the regulations under sections 260.270 through 260.278, RSMo, or if the site remains in violation of such statutes and rules. The department reserves all rights to recover all or a portion of the costs of cleanup from the property owner and any other parties responsible for creation of the scrap tire site except where the property owner presents evidence that such persons were not responsible for the creation of the nuisance conditions or any violations of sections 260.270 through 260.278, RSMo at the site.

1. (4) Any charitable, fraternal, or other nonprofit organization that voluntarily cleans up land or water resources may be reimbursed for properly disposing of scrap tires collected in the course of such cleanup. Funds will be allocated each year for these types of activities. The amount of funds allocated will depend on funding availability and amount of appropriations.

   1. (A) A portion of the funds allocated will be available to any charitable, fraternal, or other nonprofit organization that wishes to clean up small, illegal, scrap tire sites in their area. These funds will be awarded under the following conditions:

      1. 1. On a first-come-first-served basis;
      2. 2. The organization(s) shall receive written approval from

the department prior to conducting the cleanup, state where they will dispose of the tires, and estimate the number of tires, and the associated disposal costs for which the organization plans to seek reimbursement from the department; and

1. 3. Reimbursement shall be for disposal costs only.

2. (B) Another portion of the funds allocated will be available for tires picked up as incidental wastes by nonprofit groups which voluntarily clean up land or water resources and collect scrap tires in the course of such cleanup. These funds will be awarded under the following conditions:

   1. 1. On a first-come-first-served basis;
   2. 2. The organization(s) shall receive written approval from

the department prior to conducting the cleanup. The organization(s) shall state where they will dispose of the tires and shall estimate the number of tires and the associated disposal costs for which the organization plans to seek reimbursement from the department; and

1. 3. Reimbursement shall be for disposal costs only.

1. (5) The department reserves the right to deny funding under section (4) to any charitable, fraternal, or other nonprofit organization if adequate funds are not available or if the requirements of this section are not met.
2. (6) The charitable, fraternal or other not-for-profit organization shall submit documentation (on forms provided by the department) of the number of tires picked up and disposed of before reimbursement will be approved or made.

AUTHORITY: sections 260.225, 260.273, and 260.276, RSMo 2016.* Original rule filed April 16, 1997, effective Dec. 30, 1997. Amended: Filed Jan. 2, 2007, effective Sept. 30, 2007. Amended: Filed April 13, 2018, effective Feb. 28, 2019. *Original authority: 260.225, RSMo 1972, amended 1975, 1986, 1988, 1990, 1993, 1995, 2015; 260.273, RSMo 1990, amended 1995, 1999, 2005, 2009, 2014; and 260.276, RSMo 1990, amended 1995, 2005, 2009.