SCRAP TIRE PROCESSING FACILITY PERMIT APPLICATION WORKSHEET

Solid Waste Management Program fact sheet
06/2014
Division of Environmental Quality Director: Leanne Tippett Mosby
PUB2245

This document outlines requirements for submitting a completed scrap tire processing facility permit application. This document pertains only to scrap tire processing facilities. The owner or operator of the scrap tire processing facility permit may complete this guidance document and use the completed guidance document along with the indicated attachments as the permit application. Three copies of the complete application must be submitted to the department.

A complete application package for a permit must contain the following items:

Application Administrative Requirements

Site Plans and Operational Plans for:

Each of these requirements is further detailed on the following pages. Depending on site specific circumstances, the applicant may wish to obtain assistance from an attorney or a professional engineer in completing this application.

The Missouri Department of Natural Resources’ Solid Waste Management Program will conduct a preliminary review of the application to determine whether it contains sufficient information to conduct a technical review. Each of the items listed above must be submitted for a permit application to be considered complete.

The Solid Waste Management Program will review each application for compliance with the Solid Waste Management Law and Rules. If the application does not adequately address these requirements, the program will send a comment letter to the applicant explaining the items that require clarification or further detail. If the information required is not received within 60 days, the application review may be terminated. Please note that an extension may be granted depending on case by case, site specific circumstances.

The applicant’s response to the department’s comment letter will also be reviewed for compliance with the Solid Waste Management Law and Rules. If this response does not adequately address these requirements, a second comment letter may be issued by the Solid Waste Management Program. If the applicant’s response to the second comment letter is unsatisfactory, the application may not be approved for failure to adequately address the requirements of the Solid Waste Management Law and Rules. The $200 application fee is nonreturnable; however, if the application is revised and resubmitted for the same facility within timeframes established by the department, a new application fee may not be required.

The applicant must reimburse the department for all permit review costs incurred up to a maximum of $2,000. After completion of the review of the original application and attachments, the Solid Waste Management Program will send an invoice to the applicant for review costs incurred. Payment must be received before the program will review subsequent submittals and before a permit will be issued. If the department’s review of the application reveals that the scrap tire processing facility application complies with the requirements of sections 260.200 – 260.345, RSMo and the corresponding rules, the department may approve the application and issue a permit.

Application Administrative Requirements
Permit Application Form - Complete an application form provided by the department. Each blank on the form must be completed, as applicable and the form must be signed by both the operator of the scrap tire processing facility and the property owner.

Permit Application Fee - The application must include a nonreturnable $200 application fee. The fee shall be paid by certified check or money order made payable to the Department of Natural Resources.

Evidence of Property Ownership - Provide verification that the “person” listed as the property owner is the owner of the property. A copy of the warranty deed will satisfy this requirement.

Evidence of Compliance with Local Zoning Requirements - The application must include an explanation of the local zoning and other local requirements. If required, zoning permits and local approvals must be obtained before the program will review the application.

The application must include one of the following:

Violation History Information - As required by the Solid Waste Management Law, Section 260.241, RSMo, the department must consider the prior operating history of the applicant to determine if the applicant is a habitual violator of the laws and rules, which pertain to solid or hazardous waste. If an applicant is determined to be a habitual violator, this is considered grounds for denial of the application.

Site Plans and Operational Plans

Storage
Fire Protection (Inside Storage) -
Whole, cut, chipped or shredded scrap tires stored indoors shall meet the fire prevention, exposure protection and firefighting access guidelines contained in the International Fire Code, 2006 edition. The 2006 International Fire Code, also known as 2006 IFC, may be purchased from the International Code Council by calling 888-422-7233.

Fire Protection (Outside Storage) - Submit topographic and boundary surveys prepared by a registered land surveyor showing contour intervals of 10 feet or less. This survey shall have a scale of not less than 1 inch equals 400 feet.

Submit a map depicting land use and zoning within 500 feet of the property boundaries, including the location of all residences, buildings, utilities, easements, wetlands, flood plains and sinkholes. This map shall have a scale of not less than 1 inch equals 400 feet.

Describe in detail how tires will be stored at the site to comply with the following requirements:

The application must include documentation verifying the applicant has submitted the above plans for all weather roadways and for emergency planning to the local fire protection agency.

Documentation showing the local fire protection agency has verified that these plans are in compliance with local fire protection agency’s requirements and recommendations must also be included. All fire control measures must be discussed with and approved by the local fire protection agency.

Note: Requirements for water supplies are contained in the 2006 IFC. Several states’ experience with tire fires shows that water should not be used to extinguish a fire. If water is used to extinguish or control the fire, a discussion of how the runoff will be contained must be included.

If it does not present a hazard to the operator, bulldozers, front-end loaders and similar equipment may be used to:

Potential ignition sources must be eliminated (e.g. combustibles, welding and open fires are prohibited on-site), combustibles must be stored and protected, or removed. Safeguards must be provided to minimize the hazard of sparks from equipment. Describe the methods and procedures to be used to comply with these requirements.

Runoff Protection - Surface water drainage must be diverted around and away from the scrap tires. Surface water drainage must be considered so that tire piles remain stable and do not wash off-site. Also, if keeping the tires dry is the means for controlling vectors, surface water and rainwater must be kept out of the tires. Detail the methods for diverting surface water drainage away from the scrap tire piles and explain how these methods satisfy the above requirement.

Location - Scrap tire processing facilities shall not be located in a wetland, sinkhole or floodplain, unless protected against at least the 100 year flood design by impervious dikes or other appropriate means to prevent floodwaters from contacting the scrap tires.

Note: The Federal Emergency Management Agency produces a Flood Hazard Map. If this map is available in your area, it may be used to assist you or your consultant in determining whether your scrap tire processing facility is in a floodplain. Information concerning this map is available by contacting FEMA at 877-FEMA MAP.

Any wetlands, sinkholes or floodplains must be shown on the survey map and the land use and zoning map submitted with the application. Indicate whether the site or a portion of the site is located in the following areas:

Site Control - Scrap tire processing facilities shall be fenced or enclosed or otherwise made inaccessible. Signs must be posted to prohibit unauthorized entry.

Vector Control - To aid development of a vector control plan, applicants may request a Vector Control Plan Worksheet for the use of mosquito controlling insecticide.

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 or operator of the scrap tire processing facility must use an alternative method to correct the vector problem.

The owner or operator of a scrap tire processing facility storing tires shall use one or more of the methods of vector control required by the scrap tire rules. Indicate which of the following four methods are used to control vectors:

Disposition - Scrap tire processing facilities are only for the temporary storage of scrap tires. Describe the plans for final disposition of the scrap tires.

Recordkeeping - All records required by the scrap tire processing facility regulation must be kept for at least three 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 designee upon request. The records shall include, but are not limited to the following:

The Solid Waste Management Program has developed a form for scrap tire processing facility recordkeeping entitled Processing Facility Operations Records. It is available on the department’s Web site at www.dnr.mo.gov/services/processing-facility-checklist.pdf.  Indicate whether the facility will use the recordkeeping forms. If not used, attach copies of the recordkeeping forms used by the scrap tire processing facility that comply with the minimum recordkeeping requirements of the scrap tire rules.

Closure and Financial Assurance Instrument - To augment document compilation, applicants may request a Worksheet for Closure Plan and Financial Assurance to aid development of a closure plan and establishment of a financial assurance instrument.

Closure Plans - Plans for closure of the scrap tire processing facility need to include:

Removal, Clean-up Plans and Cost Estimates for the Site
Scrap tires shall be removed from the site and taken to a site or facility that has obtained applicable permits from the department, or a legal destination in another state. Specify the following:

Site Restoration Plans and Cost Estimates for the Site
Any contaminated soil, debris or residue must be removed from the site and taken to a facility that can properly manage the waste.

You may wish to contact the University of Missouri Extension Center, the Department of Conservation or the Soil Conservation Service for guidance on establishing vegetation in your area.

Financial Assurance
The amount of the financial assurance instrument shall be based on the current costs of similar cleanups using data from actual scrap tire cleanup project bids received by the department to remediate sites of similar size.

The financial requirement for closure may be satisfied by establishing a trust fund or escrow account, securing a financial guarantee bond or a performance bond, obtaining an irrevocable letter of credit or insurance, or a combination of these. This requirement may also be satisfied by meeting a financial test and by using a corporate guarantee. A municipality or county may satisfy the requirements by signing a contract of obligation.

Documentation must be submitted showing:

Table 1

Closure Requirements

Closure Costs

Maximum number of tires to be stored at the site

 

Cost for removal and proper disposal of the scrap tires from the site
[Closure cost per tire, based on current clean up costs of sites of similar size =        ]

$

Cost for removal and proper disposal of contaminated soil, debris, residue or other solid waste from the scrap tire facility.

$

Cost for re-vegetation of the site.

$

Total Closure Cost Obligation for Financial Assurance Instrument

$

Contingency Plan
A contingency plan designed to minimize the hazards to human health and the environment from fires and from mosquitoes in case of failure of the primary method of vector control shall be submitted. Information to be submitted includes:

Reminder - Three copies of the completed application (guidance document with attachments, survey maps and zoning maps) and the $200 application fee must be submitted to the department in person or by certified mail. Please also be advised that an applicant’s responsibility to reimburse the department for review costs is required irrespective of whether the department approves or denies an application.

For more information
Missouri Department of Natural Resources
Water Protection Program
Permits Section
P.O. Box 176
Jefferson City, MO 65102-0176
800-361-4827 or 573-751-1300
573-526-1146 fax
www.dnr.mo.gov/env/wpp/index.html

Missouri Department of Natural Resources
Air Pollution Control Program
Air Permits New Source Review Unit
P.O. Box 176
Jefferson City, MO 65102-0176
800-361-4827 or 573-751-4817
573-751-2706 fax
www.dnr.mo.gov/env/apcp/index.html