Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 330. Municipal Solid Waste Subchapter A. General Information 31 TAC sec.330.5 The Texas Water Commission (TWC) adopts on an emergency basis an amendment to sec.330.5, concerning definitions. The amendment is adopted on an emergency basis to implement the provisions of Senate Bill 1340, 72nd Legislature 1991, which created the Waste Tire Recycling Fund. Waste Tire Recycling Fund rules were adopted by the Texas Department of Health (TDH) in the December 7, 1991, issue of the Texas Register (16 TexReg 7503). On March 1, 1992, TWC assumed jurisdiction over the Waste Tire Recycling Fund Program from TDH pursuant to Senate Bill 2, 72nd Legislature, 1991. TWC has conducted an assessment of the rules adopted by TDH and determined that emergency revisions to TDH rules are necessary in order to effectively administer, manage, and implement the Waste Tire Recycling Fund program in the State of Texas. The Waste Tire Recycling Fund Program as implemented by TWC would oversee the clean-up of the state's illegal tire dump sites as well as provide management of the approximately $17 million new waste tires anticipated to be produced by the citizens of Texas annually. Any further delay in implementing the Waste Tire Recycling Fund Program to clean-up illegal tire dump sites and manage newly generated waste tires poses a imminent peril to the public health, safety, and welfare of the citizens and environment of the State of Texas because of the continuous threat of diseases from vector breeding, vermin infestation, and the potential for fire that is created from the stockpiling of whole used or scrap tires. Therefore, TWC believes that an urgent need exists to warrant the adoption of this amendment on an emergency basis. Section 330.5 contains amended and new definitions to clarify the terms used in the Waste Tire Recycling Fund (WTRF) Program. The amendment is adopted on an emergency basis under the Texas Water Code (Vernon 1992), sec.5.103, which provides the Texas Water Commission with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state, and the Texas Solid Waste Disposal Act, (the Act), Texas Health and Safety Code Annotated, Chapter 361 (Vernon 1992), sec.361.484 which provides the Texas Water Commission with the authority to promulgate rules reasonably necessary to implement the Waste Tire Recycling Fund Program. sec.330.5. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Other definitions, pertinent to specific sections, are contained within the appropriate sections. Commission-Texas Water Commission Executive director -Executive director of the Texas Water Commission Facility-All contiguous land, and structures, other appurtenances, and improvements on the land, used for shredding, storing, or disposing of whole used or scrap tires or shredded tire pieces. Mobile tire shredder-A piece of equipment used to split, [shred, or] quarter
    , [quarter] or shred
      tires which is mounted on wheels or is skid-mounted and is hauled from place to place. Operator-The person responsible for the overall operation of the facility. Owner-The person who owns the facility or part of a facility. Recyclable material -[A] Material that has been recovered or diverted from the [nonhazardous] solid waste stream for purposes of reuse, recycling, energy recovery,
        or reclamation, a substantial portion of which is consistently used in the manufacture of products which may otherwise be produced using raw or virgin materials. Recyclable material is not solid waste. However, recyclable material may become solid waste at such time, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be solid waste with respect only to the party actually abandoning or disposing of the material. Shredded tire piece-A particle of a used or scrap tire that has been split,
          [shredded,] quartered, or shredded
            [split] . Waste tire facility -An registered
              [approved] facility at which whole
                used or
                  [and] scrap tires are [collected and deposited and] shredded to facilitate the future extraction of useful materials for recycling, reuse, or energy recovery. Waste tire processor -A waste tire facility, or a mobile tire processor
                    [shredder,] that splits, quarters, or
                      shreds, [or quarters] tires and delivers to an end user the split, shredded, or quartered tires for eventual recycling, reuse, or energy recovery at either a waste tire storage facility or a waste tire facility. Waste tire storage facility-An approved facility at which whole
                        used or
                          [and] scrap tires or shredded tire pieces
                            are collected and stored (before being offered as material) to facilitate the future removal of useful materials for recycling, reuse, or energy recovery. Waste tire transporter -A transporter who collects and transports whole
                              used or
                                [and] scrap tires or shredded tire pieces for storage, processing, or disposal. Issued in Austin, Texas, on April 23, 1992. TRD-9205583 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: April 22, 1992 Expiration date: August 20, 1992 For further information, please call: (512) 463-8069 Subchapter R. Management of Whole Used or Scrap Tires The Texas Water Commission (TWC) adopts on an emergency basis the repeal of sec.sec.330.801-330.802, 330.804-330.863, and 330.865 that were recodified from Title 25 Texas Administrative Code (TAC) to Title 31 of the TAC in the Texas Register on March 3, 1992 (17 TexReg 1651) and adopts on an emergency basis new sec.sec.330.801-330.802, 330.805-330.810, 330.811-330.818, 330.821-330.828, 330.831-330.840, 330.841-330.848, 330.851-330.857, 330.861-330.867, 330.871-330. 880, and 330.891, concerning the management of whole used or scrap tires and the Waste Tire Recycling Fund Program. The new sections are adopted on an emergency basis to implement the provisions of Senate Bill 1340, 72nd Legislature 1991, which created the Waste Tire Recycling Fund program. The Texas Department of Health (TDH) adopted Waste Tire Recycling Fund rules on December 7, 1991 (16 TexReg 7503). On March 1, 1992, the TWC assumed jurisdiction over the Waste Tire Recycling Fund Program from the TDH pursuant to Senate Bill 1640, 72nd Legislature, 1991. The TWC has conducted an assessment of the rules adopted by the TDH and determined that emergency revisions to the TDH rules are necessary in order to effectively administer, manage and implement the Waste Tire Recycling Fund Program in the State of Texas. The Waste Tire Recycling Fund Program as implemented by the TWC would oversee the clean-up of the state's illegal tire dump sites as well as provide management of the approximately 17 million new waste tires anticipated to be produced by the citizens of Texas annually. Any further delay in implementing the Waste Tire Recycling Fund Program to clean-up illegal tire dump sites and manage newly generated waste tires poses an imminent peril to the public health, safety, and welfare of the citizens and environment of the State of Texas because of the continuous health threat posed by vector breeding, vermin infestation, and the potential for fire that is created through the stockpiling of whole used or scrap tires at illegal tire sites. Therefore, the TWC believes that an urgent need exists to warrant the adoption of these amendments and new sections on an emergency basis. The title to 31 Texas Administrative Code (TAC), Chapter 330, new Subchapter R, indicates that this subchapter concerns the management of whole used or scrap tires. New sec.330.801 states that the purpose of the Waste Tire Recycling Fund is to establish procedures and requirements for the safe storage, transportation, processing, and disposal of whole used or scrap tires or shredded tire pieces. New sec.330.802(a) states that this subchapter is applicable to persons that are involved in the generation, transportation, processing, storage, and recycling of whole used or scrap tires regulated by the commission. New sec.330.802(b) indicates that a tire becomes a whole used or scrap tire when it is discarded by a person after it has been utilized on an automobile, van, bus, truck, trailer, semi-trailer, truck tractor and semi- trailer combination or recreational vehicle with a rim diameter equal to or greater than 12 inches but less than 26 inches for any period of time. New sec.303.802(c) states that all used tires are subject to manifesting by registered generators, instead of transporters, under sec.330. 807 (relating to Generators of Whole Used or Scrap Tires). New sec.sec.330.805-330.810, concerns generators of whole used or scrap tires. New sec.330.805 explains the applicability and responsibility of generators of whole used or scrap tires under this subchapter. New sec.330.805(a) defines a generator as a person that accepts whole used or scrap tires for storage, is a fleet operator, or is a new or used tire retailer, wholesaler, manufacturer, or retreader. New sec.330.805(b) states that a generator is responsible for ensuring that whole used or scrap tires are transported by a registered transporter and must inquire into or dictate the delivery destination of the generated tires. New sec.330.805(c) states the prohibition applicable to generators of whole used or scrap tires and requires all whole used or scrap tires or shredded tire pieces transported from a generator's location to be manifested in a separate identifiable load. New sec.330.806 requires a generator that regularly disposes of whole used or scrap tires to obtain a registration number from the executive director. New sec.330.807 indicates the record keeping requirements applicable to generators. New sec.330.808(a) states that a generator of whole used or scrap tires may store those same tires at the location where the tires are generated for a period of not greater than 90 days. The whole used or scrap tires stored by the generator must be transported off- site within 90 days of their accumulation. New sec.330.808(b) indicates that only a registered transporter can remove a collection container of whole used or scrap tires for off-site removal. The container must be manifested and taken to a registered processing or storage facility. New sec.330.808(c) delineates the responsibilities of wholesalers and retailers that sell whole used or scrap tires as a commodity. New sec.330.809(a) contains the transportation requirements applicable to generators of whole used or scrap tires. New sec.330.809(b) states that a generator may transport his or her own whole used or scrap tires provided the generator has obtained a tire transporter registration from the executive director. Generators who do not transport their own tires must only use a tire transporter that is registered by the executive director. New sec.330.809(c) excludes the transportation of reusable tires, manufacturers, retreaders, fleet operators, and storage site owners or operators of whole used or scrap tires from the prohibition against the charging of a fee on or after April 1, 1992, to the wholesale or retail dealer for collecting whole used or scrap tires for delivery to a waste tire facility or for collecting or shredding whole used or scrap tires accepted for temporary storage. New sec.330.809(d) states the records requirement that a generator must maintain whenever used or defective tires are shipped back to the manufacturer or manufacturer's representative. New sec.330.809(e) allows generators to use local controls and records to satisfy the TWC's requirements, provided the local controls are substantially equivalent or more stringent and the executive director has approved the use of the local controls. New sec.330. 810 contains the penalties that are applicable to a generator that violates the provisions in this subchapter. New sec.sec.330.811-330.818, concerns transporters of whole used or scrap tires. New sec.330.811 provides clarification of the applicability of sec.330.811 and the responsibilities of transporters of whole used or scrap tires under this subchapter. New sec.330.812(a) states that a transporter of whole used or scrap tires must obtain registration from the executive director prior to commencing operations. In addition, new sec.330.812(b)-(e) specifically states the requirements necessary for a transporter to obtain registration and the situations which trigger the submission of a new registration application to the executive director. New sec.330.812(f) includes procedures for the suspension or denial of an initial or renewal registration. New sec.330.812(f)(1)(B) delineates that the failure of a transporter to maintain vehicles in safe working order as evidenced by at least two citations per vehicle from the Texas Department of Public Safety or local traffic law enforcement agencies is a basis for suspension or denial of an initial or renewal registration. New sec.330.812(f)(2) explains the length of a TWC suspension or revocation of a transporter registration. New sec.330.812(f)(3) contains the procedures that a transporter must follow to reapply for registration however, a revocation is permanent if the registration has been revoked by the TWC for a second time. New sec.330.812(f) (4) outlines the hearing procedures that a transporter must follow to appeal the suspension, revocation or denial of initial or renewal registration. New sec.330. 812(g) indicates that transport vehicles operated by the enumerated governmental entities are exempt from the registration requirements of this section but are not exempt from manifesting requirements. New sec.330.813 states the delivery requirement applicable to transporters of whole used or scrap tires. New sec.330. 814 contains the vehicle and equipment standards applicable to transporters. New sec.330.815(a) contains the manifesting and record keeping requirements applicable to transporters. New sec.330.815(b) further delineates a transporter's responsibility to maintain records and report to the executive director. New sec.330.815(c) allows transporters to use local controls and records to satisfy the TWC's requirements provided, the local controls are substantially equivalent or more stringent and the executive director has approved the use of the local controls. New sec.330.816 states that interstate transportation applies to the transportation of whole used or scrap tires. New sec.330.817(a) indicates that transporters are to pay an annual registration fee to the executive director based on the total number of whole used or scrap tires or shredded tire pieces transported. New sec.330.817(b) states that the total annual amount of shredded tire pieces transported shall also be used in calculating a transporter's registration fee. Likewise, new sec.330.817(c) indicates that the transporter fee schedule shall also be calculated according to the total number of whole used or scrap tires or shredded tire pieces transported annually. New sec.330.818 contains a penalties provision which is applicable to transporters that violate the provisions of this subchapter. New sec.sec.330.821-330.828, concerns mobile tire processors of whole used or scrap tires. New sec.330.821(a) provides standards applicable to mobile tire processor includes the shredding and collecting of whole used or scrap tires. New sec.330.821(b) states that mobile tire processors are responsible for ensuring that whole used or scrap tires that are split, quartered, or shredded are transported to a waste tire facility or a waste tire storage facility or a recycling facility that will recycle, reuse, or recover for energy the tire pieces. New sec.330.821(c) states that each mobile tire processor that participates in the WTRF must ensure that generated shredded tire pieces are delivered to a recycling, reuse or energy recovery facility. New sec.330.821(d) excludes the collecting and shredding of whole used or scrap tires received from manufacturers, retreaders, fleet operators and storage site owners or operators of whole used or scrap tires from the prohibition that prevents a mobile tire processor from charging a fee on or after April 1, 1992, to the wholesale or retail dealer for collecting and shredding whole used or scrap tires accepted for temporary storage. New sec.330.822(a) states that a mobile tire processor operating a mobile tire shredder must obtain registration for his or her operation from the executive director. New sec.330.822(b) states that a mobile tire processor must maintain a copy of the registration form and the registration number must be displayed at the place of business and in each vehicle used to shred whole used or scrap tires. New sec.330.822(c) indicates that applications for renewal of a mobile tire processor's registration must meet the same requirements contained in s330.822(a) of this section. New sec.330.822(d) states that mobile tire processors must provide written notice to the executive director within 15 days of any of the enumerated changes in their registration. New sec.330.822(d)(4) denotes that an increase in the amount of mobile tire shredding equipment owned or operated by the mobile tire processor is an event that will require notice of a change of registration to the executive director. New s330.822(d)(5) further indicates that a change in the assigned area of the mobile tire processor's assigned area also requires notice to the executive director. New sec.330.822(e) specifically states the situations which trigger the submission of a new mobile tire processor registration application to the executive director. New sec.330.822(f)(1)(A)-(M) states the grounds and procedures for the suspension or denial of an initial or renewal of a mobile tire processor's registration. New sec.330.822(f)(1)(B) states that the failure of a mobile tire processor to maintain vehicles in safe working order as evidenced by at least two citations from the Texas Department of Public Safety or local traffic law enforcement agencies is a basis for suspension or denial of an initial or renewal registration. New sec.330.822(f)(2) explains the length of a TWC suspension or revocation of a mobile tire processor's registration. New sec.330.822(f)(3) contains the procedures that a mobile tire processor must follow to re-apply for registration, however, a revocation is permanent if the registration has been revoked by the TWC for a second time. New sec.330.822(f)(4) outlines the hearing procedures that a mobile tire processor must follow to appeal the suspension, revocation or denial of initial or renewal registration. New sec.330.822(g) requires each mobile tire processor to provide requisite evidence of financial responsibility. New sec.330.823 denotes the delivery requirement applicable to mobile tire processors includes whole used or scrap tires or shredded tire pieces. New sec.330.824(a) states the vehicle and equipment standards for mobile tire processors. New sec.330.824(b) requires a mobile tire processor to be equipped or have access to a scale to weigh the whole used or scrap tires before shredding and the shredded tire pieces immediately after shredding. Any scale not certified by the Texas Department of Agriculture (TDA) must be supported by documentation as to why the scale cannot be certified and calibration documentation equivalent to the TDA must be provided to the executive director on a monthly or quarterly basis from the manufacturer of the scale. New s330.825(a) states the record keeping requirements applicable to mobile tire processors. These records must be made available to the executive director upon request. New sec.330.825(b) further delineates the required records that a mobile tire processor must maintain. New sec.330.825(c) requires mobile tire processors to submit an annual report to the executive director showing the number of whole used or scrap tires collected, shredded, the disposition of such tires, and the amount by weight of shredded tire pieces delivered to a waste tire facility, a waste tire storage facility or recycling, reuse, or energy recovery facility. The annual report shall be prepared on a form provided by the executive director. New sec.330.826 explains the operational requirements for mobile tire processors. New sec.330.827(a) indicates that a mobile tire processor is eligible for reimbursement from the Waste Tire Recycling Fund (WTRF) provided such processor complies with sec.sec.330. 871-330.881 (relating to Waste Tire Recycling Program). New sec.330.827(b) states additional compliance requirements for the shredding of whole used or scrap tires. New sec.330.827(c) requires that the mobile tire processor possess valid registration from the executive director as a further condition of eligibility for the WTRF. New sec.330.827(d) requires that all tires shredded for WTRF reimbursement must have been generated from within the boundaries of Texas. New sec.330.828 contains a penalties provision that is applicable to mobile tire processors that violate the requirements of this subchapter. New sec.sec.330.831-330.840, concerns storage of whole used or scrap tires or shredded tire pieces. New sec.330.831(a) requires permitting or registration of persons that store whole used or scrap tires or shredded tire pieces on a temporary basis. New sec.330.831(b)(1) requires all persons intending to store whole used or scrap tires or shredded tire pieces to properly register their property with the executive director. New sec.330.831(b)(2) requires tire transporters or processors that deliver whole used or scrap tires or shredded tire pieces at their waste tire storage facility or mobile tire processor location to be properly registered with the executive director. New sec.330.831(b) (3) requires landowners and/or operators to ensure proper manifesting of the whole used or scrap tires or shredded tire pieces delivered by waste tire transporters or mobile tire processors or waste tire facilities to their waste tire storage facility. New sec.330.831(b)(4) requires landowners and/or operators of waste tire storage facilities to obtain all necessary and appropriate state and local permits, licenses, or registrations and to operate in compliance with such permits, licenses, or registrations, or applicable state or local codes. New sec.330.832(a) denotes the method of classifying a waste tire storage facility. New sec.330.832(b) states that the executive director shall classify all waste tire storage facilities. New sec.330.832(b)(1) delineates that whole used or scrap tires stored at a Type VIII-WT facility (less than 500 whole used or scrap tires) must be transported off-site within 90 days following their accumulation. New sec.330.832(b)(2) indicates that storage of whole used or scrap tires at a Type VIII-R facility (more than 500 whole used or scrap tires or an equivalent amount of shredded tire pieces) that are not designated as reusable whole tires, is limited to 60 days from delivery date. Storage of shredded tire pieces in a Type VIII-R facility is limited to 12 months unless the executive director grants written authorization for a longer period because the recycling market cannot accommodate the shredded tire pieces. New sec.330.832(b)(3) contains the definition of a Type VIII-S facility (a tire monofill that contains shredded tire pieces equivalent to or greater than 500 whole used or scrap tires) . New sec.330.832(b)(4) provides that a Type VIII-I facility is a waste tire storage facility that stores more than 500 whole used or scrap tires and is considered by the executive director to be an illegal tire site and are to be handled through the Priority Enforcement List (PEL), routine inspection and enforcement activities. New sec.330.832(b)(5) states that a Type VIII-L consists of a designated recycling collection areas at a permitted municipal solid waste landfill. Whole used or scrap tires may be stored at a Type VIII-L facility for a period of 120, days from delivery. Storage at a Type VIII-s facility is long term and requires the issuance of a permit from the commission. New sec.330.833(a) requires a waste tire storage facility to obtain registration number from the executive director. Generators, except for waste tire storage facilities, that temporarily accumulate whole used or scrap tires for delivery to a waste tire storage facility, are exempted from obtaining registration from the executive director. New sec.330.833(b) requires that the application for registration of a waste tire storage facility must be made to the executive director. The application must also contain the additional information enumerated in sec. s330. 833(b)(1)-(5) in order for the executive director to complete processing. A waste tire storage facility registration shall be issued upon receipt and approval of an administratively and technically complete application. New sec.330. 833(c) requires the application for registration to be in writing on a form provided by the executive director. New sec.sec.330.833(d) reiterates that classified waste tire storage facilities that have obtained a registration number are subject to the specific requirements of this subchapter. New sec.330. 834(a) states that an applicant seeking registration for a Type VIII-R facility or a permit for a Type VIII-S facility must submit evidence of financial responsibility to the executive director for evaluation and approval. New s330. 834(c) requires the applicant to submit an estimate of the total amount by weight of shredded tire pieces that the facility will store or process and the number of whole used or scrap tires that will be stored at the waste tire storage facility during processing. The applicant must also estimate the cost of cleaning up and closing the facility using the total amounts of whole used or scrap tires or shredded tire pieces stored at the facility. New sec.330.835(a)(1) states that a Type VIII-R waste tire storage facility must obtain registration from the executive director. Registration forms shall be provided by the executive director upon request. New sec.330.835(a)(2) states that persons that obtain a Type VII-R facility registration number that is obtained from the executive director must maintain a copy of the registration form and the registration number must be displayed at the designated place of business and at the designated storage facility location. New sec.330.835(a)(3) indicates that Type VIII-R facility registration expires 36 months from the date of issuance. Applications for renewal of a Type VIII-R facility registration must be submitted at least 60 days prior to expiration. New sec.330.835(a)(4) states that Type VIII-R facility owners and/or operators must provide written notice to the executive director within 15 days of a change to their registration if any of the changes enumerated in this section occur. New sec.330.835(a)(5) specifically states the situations which trigger the submission of a new Type VIII-R facility registration application to the executive director. New sec.330.835(a)(6) details the specific grounds and procedures for the suspension or denial of an initial or renewal of a Type VIII- R facility registration. Upon suspension or revocation of a Type VIII-R storage facility registration, the owner or operator must remove all whole used or scrap tires or shredded tire pieces within 60 days from the date of suspension or revocation. New sec.330.835(a)(7) outlines the preparation and submission procedures for an application for a Type VIII-R storage facility. New sec.330.835(b) denotes the design requirements for a Type VIII-R storage facility. New sec.330.835(c) contains the requirements for concerning Type VIII- R waste tire storage facility operating plan. New sec.330. 835(d) specifies the record keeping requirements for a Type VII-R waste tire storage facility. New sec.330.836 establishes the permit requirements that a Type VIII-S facility must meet in order to be permitted by the commission. Permit application forms are to be provided by the executive director. New sec.330.837 delineates the registration requirements for a Type VIII-L waste tire storage facility that seeks to designate a recycling collection area for the collection and storage of whole used or scrap tires. A registration number for the collection area must be obtained from the executive director and the Type VIII-l waste tire storage facility is allowed to accumulate whole used or scrap tires for a period not to exceed 90 days. New sec.330.838 contains the requirements for a Type VIII-WT waste tire storage facility. New sec.330.839 specifies the criteria that a waste tire storage facility must meet in order to be eligible for the Waste Tire Recycling Fund (WTRF) program. New sec.330.840 provides penalties for a registrant or permittee or site operator of a waste tire storage facility that violates the provisions of this subchapter. New sec.sec.330.841-330.848, concerns waste tire facility processors of whole used or scrap tires. New sec.330.841 states the applicability and responsibility of waste tire facilities concerning the requirements of this subchapter. New sec.330.842 contains the classification and standard of operation applicable to a waste tire facility. New sec.330.843 contains the registration requirements for a waste tire facility. New sec.330.843(g)(1) includes the specific grounds and procedures for the suspension or denial of an initial or renewal waste tire facility registration. New sec.330.843(g)(2) explains the length of a TWC suspension or revocation of a transporter registration. New sec.330.843(g)(3) contains the procedures that a transporter must follow to re-apply for registration however, a revocation is permanent if the registration has been revoked by the TWC for a second time. New sec.330.843(g)(4) outlines the hearing procedures that a transporter must follow to appeal the suspension, revocation or denial of initial or renewal registration. New sec.330.844 contains the financial responsibility requirements applicable to a waste tire facility. New sec.330.845 contains the record keeping requirements that a waste tire facility must implement. New sec.330.846 requires the waste tire facility to deliver or have delivered the shredded tire pieces that received reimbursement from the WTRF only at a commission permitted or registered waste tire storage facility. New sec.330.847 contains the eligibility criteria for the WTRF that must be met by a waste tire facility prior to reimbursement. New sec.330.848 contains a penalties provision that is applicable to an owner or operator of a waste tire facility that violates the requirements of this subchapter. New sec.sec.330.851-330.857, concerns disposal of whole used or scrap tires. New sec.330.851 states the applicability and responsibility of waste tire disposal facilities concerning the requirements of this subchapter. New sec.330. 852 establishes disposal procedures for whole used or scrap tires. New sec.330. 853 establishes permit requirements and procedures for a waste tire disposal facility. New sec.330.854 concerns requirements for existing waste tire disposal facilities. An existing waste tire disposal facility that intends to remain in operation must submit an permit application to the executive director prior to June 1, 1992. A waste tire disposal facility that elects to close must submit an application for a registration number to the executive director prior to June 1, 1992. New sec.330.855 contains the final cover requirements for all tire monofill sites. New sec.330.856 contains the eligibility criteria for the WTRF that must be met by a waste tire disposal facility prior to reimbursement. New sec.330.857 contains a penalties provision applicable to an owner or operator of a waste tire disposal facility that violates the requirements of this subchapter. New sec.330.861 denotes the applicability of the Priority Enforcement List (PEL) and the responsibility of a Potentially Responsible Party (PRP) to the waste Tire Recycling Fund (WTRF) Program. New sec.330.862 defines a PRP, establishes the duties of a PRP and establishes an administrative penalty procedure wherein a potentially responsible party of an illegal waste tire site is informed through a Notice of Violation (NOV) letter that the executive director considers him or her as a PRP and the actions that the PRP must take to clean-up or forego clean-up of the illegal waste tire site. New sec.330.863 explains the PEL and the executive director's requirements to maintain, publish and update the PEL. New sec.330.864 explains the four criteria utilized by the executive director to rank an illegal tire site that is eligible for placement on the priority enforcement list (PEL) on a scale of one to 10 with one being the lowest. New sec.330.865 contains the procedure to be utilized by the executive director in the assignment of PEL sites to a waste tire facility or mobile tire processor. New sec.330.865(a)(3) requires a waste tire facility or mobile tire processor to agree in writing to indemnify and hold harmless the commission and its employees and officers against any and all liability, loss or damage arising out of or incident to any work performed pursuant to this subchapter. New sec.330.865(a)(7) requires the waste tire facility or mobile tire processor to complete the clean-up of the assigned PEL site prior to assignment of new PEL sites. New sec.330.865(c) states that clean-up of a PEL site can begin after the processor or mobile tire processor has signed the site clean-up agreement with the executive director and after the property owner has signed an access agreement allowing access to the PEL site. New sec.330.866 contains the post PEL clean-up responsibilities required from the property owner of a PEL site. New sec.330.867 states the authority that commission personnel have at an assigned PEL site. New sec.sec.330.871-330.880, concerns the Waste Tire Recycling Fund (WTRF) Program. New sec.330.871 establishes the standards and procedures for operation of the WTRF and the responsibility under this subchapter of each person that intends to participate in the WTRF. New sec.330.872 describes the purpose, objective and operation of the WTRF Program. New sec.330.872(e)(6) allows for a special category of whole used or scrap tires to be eligible for reimbursement upon review and approval of the category by the executive director. New sec.330. 873 concerns announcement of intent to participate, requires waste tire facilities or mobile tire processors to notify the executive director in writing within five days of receipt of the updated PEL of their intent to be assigned new PEL sites and include in priority order, the sites requested to be assigned to them. New sec.330.873(c) states that within 10 days of receipt of the waste tire facility's or mobile tire processor's intent to participate, the executive director is required to evaluate their job performance on previously assigned PEL sites to determine whether the work was performed to the executive director's satisfaction. After the executive director's review and satisfaction of job performance, notice of the assignment of an additional PEL site or group of sites must be provided to the waste tire facility or mobile tire processor. A copy of the site clean-up agreement is to accompany the executive director's site assignment notification. New sec.330.873(d) designates all of the requirements that must be met by the waste tire facility or mobile tire processor before clean-up of the newly assigned PEL can begin. New sec.330.874(a) provides for the site clean-up agreement as a guarantee of job performance to be executed between the executive director and the registered waste tire facility or mobile tire processor that intends to receive reimbursement from the WTRF. New sec.330.874(b) lists the specific requirements that are to be included in the site clean-up agreement. New sec.330.874(c) states that if a waste tire facility or mobile tire processor's registration is suspended or revoked by the commission, then the PEL sites remaining to be cleaned-up in the site clean-up agreement shall be reassigned. New sec.330.875 concerns the public notice of intent to operate requirements that a waste tire facility or mobile processor must meet prior to commencement of shredding activity. New sec.330.876 states that mobile tire processors or waste tire facilities that intend to participate in the WTRF must obtain all required registrations or permits that are applicable to their operation. New sec.330.877 contains the requirements that a mobile tire processor or waste tire facility must meet in order to receive approval from the executive director to collect and process tires from PEL sites. New sec.330.878 contains the shipping, record keeping and reporting requirements for mobile tire processors or waste tire facilities that participate in the WTRF. New sec.330.878(e) outlines the procedure for processing the reimbursement voucher and the information that must be contained in the voucher. The voucher shall be on a form supplied by the executive director. New sec.330.879 explains the WTRF reimbursement policies and procedures. New sec.330.880 outlines payment to waste tire facilities or mobile tire processors. A waste tire facility or mobile tire processor that desires reimbursement from the WTRF must demonstrate during a calendar month that all tires for which payment is sought have been shredded to a particle size not larger than nine square inches and not less than 25% of the tires collected came from a PEL site and not less than 25% of the tires collected came from generators of whole used or scrap tires. A waste tire facility or mobile tire processor that exceeds the 25% requirement from a PEL or generator shall receive credit for the amount in excess of 25% and may be used by the waste tire facility or mobile tire processor to meet the 25% requirement during a later month. New sec.330.891 concerns special conditions for beneficial use of whole used or scrap tires. 31 TAC sec.sec.330.801, 330.802, 330.804-330.863, 330.865 The repeals are adopted on an emergency basis under the Texas Water Code (Vernon 1992), sec.5.103, which provides the Texas Water Commission with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state, and the Texas Solid Waste Disposal Act, (the Act), Texas Health and Safety Code, Chapter 361 (Vernon 1992), sec.361.484 which provides the Texas Water Commission with the authority to promulgate rules reasonably necessary to implement the Waste Tire Recycling Fund Program. sec.330.801. Purpose. sec.330.802. Applicability. sec.330.804. Applicability and Responsibility. sec.330.805. Notification and Identification Number. sec.330.806. Recordkeeping. sec.330.807. On-Site Accumulation. sec.330.808. Transportation Requirements. sec.330.809. Applicability and Responsibility. sec.330.810. Registration. sec.330.811. Delivery Requirements. sec.330.812. Vehicle and Equipment Sanitation Standards. sec.330.813. Recordkeeping. sec.330.814. Interstate Transportation. sec.330.815. Transporter Fees. sec.330.816. Penalties. sec.330.817. Applicability and Responsibility. sec.330.818. Registration. sec.330.819. Delivery Requirements. sec.330.820. Vehicle and Equipment Requirements. sec.330.821. Recordkeeping. sec.330.822. Operational Requirements. sec.330.823. Eligibility for the Waste Tire Recycling Fund (WTRF). sec.330.824. Penalties. sec.330.825. Applicability and Responsibility. sec.330.826. The Storage Site Classification. sec.330.827. Tire Site Identification. sec.330.828. Evidence of Financial Responsibility. sec.330.829. Requirements for a Type VIII-R Site. sec.330.830. Requirements for a Type VIII-S Site. sec.330.831. Requirements for a Type VIII-L Site. sec.330.832. Requirements for a Type VIII-WT Site. sec.330.833. Eligibility for the Waste Tire Recycling Fund (WTRF) Programs. sec.330.834. Penalties. sec.330.835. Applicability and Responsibility. sec.330.836. Waste Tire Facility Classification and Operation. sec.330.837. Registration Requirements. sec.330.838. Evidence of Financial Responsibility. sec.330.839. Recordkeeping. sec.330.840. Delivery Requirements. sec.330.841. Eligibility for the Waste Tire Recycling Fund (WTRF) Program. sec.330.842. Penalties. sec.330.843. Applicability and Responsibility. sec.330.844. Disposal of Tires. sec.330.845. Permit Requirements. sec.330.846. Existing Tire Disposal Sites. sec.330.847. Final Cover Requirements. sec.330.848. Eligibility for the Waste Tire Recycling Tire Fund (WTRF) Program. sec.330.849. Applicability. sec.330.850. Responsible Party. sec.330.851. Priority Enforcement List. sec.330.852. Ranking of Sites. sec.330.853. Release of Priority Enforcement Sites. sec.330.854. Post Cleanup Responsibilities. sec.330.855. Authority of Department's Representative. sec.330.856. Applicability and Responsibility. sec.330.857. Water Tire Recycling Program. sec.330.858. Announcements of Intent to Participate. sec.330.859. Other Permits or Registration Required. sec.330.860. Approval to Collect and Process Tires From Priority Enforcement List. sec.330.861. Waste Tire Processor Eligibility Requirements. sec.330.862. Shipping, Recordkeeping, and Reporting Requirements. sec.330.863. Payments Policies and Procedures. sec.330.865. Beneficial Use of Used and Scrap Tires. Issued in Austin, Texas on April 22, 1992. TRD-9205582 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: April 22, 1992 Expiration date: August 20, 1992 For further information, please call: (512) 463-8069 31 TAC sec.sec.330.801-330.802, 330.805-330.818, 330.821-330.828, 330.831- 330.848, 330.851-330.857, 330.861-330.867, 330.871-330.880, 330.891 The new sections are adopted on an emergency basis under the Texas Water Code (Vernon 1992), sec.5.103, which provides the Texas Water Commission with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state, and the Texas Solid Waste Disposal Act, (the Act), Texas Health and Safety Code, Chapter 361 (Vernon 1992), sec.361.484 which provides the Texas Water Commission with the authority to promulgate rules reasonably necessary to implement the Waste Tire Recycling Fund Program. sec.330.801. Purpose. The purpose of the rules in this subchapter is to establish procedures and requirements for the safe storage, transportation, processing, and disposal of whole used or scrap tires, or shredded tire pieces. sec.330.802. Applicability. (a) The sections in this subchapter are applicable to persons that are involved in the generation, transportation, processing, storage, disposal, and recycling of whole used or scrap tires regulated by the Texas Water Commission (commission or TWC) pursuant to sec.330.3 of this title (relating to Applicability). (b) A tire becomes a whole used or scrap tire when it is discarded by a person after it has been utilized on an automobile, van, bus, truck, trailer, semi- trailer, truck tractor, and semi-trailer combination or recreational vehicle with a rim diameter equal to or greater than 12 inches but less than 26 inches for any period of time. A used tire that can be salvaged and used for another purpose, retreaded, or sold as a good used vehicle tire is subject to the requirements of this subchapter, except as noted in sec.330.891 of this title (relating to the Beneficial Use of Whole Used or Scrap Tires). A whole used tire that cannot be reused for any other purpose is a scrap tire and is subject to the requirements of this subchapter. (c) A whole used or scrap tire may include tires which can be reused for another purpose. Whole used or scrap tires that can be salvaged and used for another purpose, retreaded, or sold as a good used vehicle tire are exempted from the requirements to be split, quartered, or shredded at processing sites. All used tires will be subject to manifesting by registered generators in accordance with the requirements in sec.330.807 of this title (relating to Generators of Whole Used or Scrap Tires). Tire stockpiles being held for adjustment by the manufacturer must be classified by the manufacturer for reuse or disposal within 90 days. Used tires being held for resale that are stockpiled shall receive appropriate vector control made at a frequency based upon weather conditions and other applicable local ordinances. sec.330.805. Generators of Whole Used or Scrap Tires. (a) Applicability. The regulations contained in these sections establish standards applicable to the generators of whole used or crap tires. For the purpose of this subchapter, a generator shall be a person that accepts whole used or scrap tires for storage, is a fleet operator, or is a whole new or used tire retailer, wholesaler, manufacturer, or retreader. (b) Responsibility. Each generator shall be responsible for ensuring that whole used or scrap tires are transported by a registered transporter. Each generator shall ask the transporter where his whole used or scrap tires are being delivered to, and\or shall designate the destination of the whole used or scrap tires that they generate. (c) Generator. A generator may not place a whole used or scrap tire or split, quartered, or shredded tire pieces in a dumpster for pickup by a collection vehicle that has an enclosed packer unit attached or that is used on a routine and/or regular collection route. All whole used or scrap tires and shredded tire pieces transported from a generator's location shall be transported and manifested in a separate, identifiable load. sec.330.806. Generator Registration.
                                  Tire generators that regularly dispose of whole used or scrap tires shall obtain a registration number from the executive director. The generator must contact the executive director, identify himself/herself or his/her business as a whole used or scrap tire generator, provide the business name, mailing address, street address, or location, and the city and/or county in which he/she is located. Registration numbers will be issued for each separate business location. The recipient of a registration number shall promptly notify the executive director of any changes to generator information contained in commission records. sec.330.807. Generator Record Keeping. (a) Maintenance of records. Copies of manifests, daily logs, or other documentation used to support activities related to the accumulation, handling, and shipment of whole used or scrap tires shall be retained by the generator for a period of three years. All such records shall be made available to the executive director upon request. (b) Manifest. Generators shall initiate and maintain a record of each individual load of whole used or scrap tires hauled off-site from their business location. The record shall be in the form of a four-part manifest or other similar documentation approved by the executive director. The manifest shall include the: (1) name and address of the person who generated the whole or scrap tires or the shredded tire pieces and the type of generator; (2) name and commission registration number of the transporter; (3) date of the off-site shipment; (4) generator registration number; (5) number of whole used or scrap tires or the weight in pounds of shredded tires pieces collected for transportation; (6) name of responsible person(s) collecting, transporting, processing and storing the whole used or scrap tires or the shredded tire pieces; (7) date and place where the whole used or scrap tires or the shredded tire pieces were stored; (8) registration number, location, and operator of the facility where the whole used or scrap tires or shredded tire pieces were stored; (9) name of the person acknowledging receipt of the off-site shipment of whole used or scrap tires, and the number received, or the shredded tire pieces and the weight received; (10) the location of the generator's site; and (11) a signature of the representative of the generator, transporter, processor and storage facility acknowledging that the information on the manifest is true and correct. (c) Generator's log. Any whole used or scrap tire generator shall maintain a log showing the date, number, and method of transporting the whole used or scrap tires off-site. The generator shall retain this log for a period of three years and the log shall be available to the executive director upon request. sec.330.808. On Site Storage. (a) Generators of whole used or scrap tires may store those same tires at the location where they are generated for a period not greater than 90 days. Whole used or scrap tires stored at the generator's site must be transported off-site within 90 days of their accumulation. Tires stored out of doors in an uncontrolled pile shall be monitored for vectors, and appropriate vector control measures shall be utilized at least once every two weeks. (b) Whole used or scrap tires stored at a generator's location may be collected in a transportable collection container that is mobile, completely enclosed, and lockable. The entire container shall be hauled from the site by a registered transporter, taken to a permitted or registered tire processing or storage facility, and be manifested. (c) Retailers and wholesalers who sell whole used or scrap tires as a commodity shall do so only from stock that has been sorted, marked, classified, and arranged in an organized manner for sale to the consumer. Used tires that are to be resold as commodities, but are not handled as described in this subsection, shall be considered as stockpiled whole used or scrap tires and the site shall be subject to registration as a waste tire storage facility, if the number of whole used or scrap tires exceeds 500. sec.330.809. Transportation Requirements. (a) A generator may designate the destination of all whole used or scrap tires generated at his/her location and initiate the required manifest for each shipment. (b) A generator may transport his/her own whole used or scrap tires, provided a tire transporter registration has been obtained from the executive director. Generators who do not transport their own tires shall only use a tire transporter who is registered by the executive director. (c) A waste tire transporter or a mobile tire processor shall not charge a fee on or after April 1, 1992, to the wholesale or retail dealer for collecting whole used or scrap tires for delivery to a waste tire facility or for collecting or shredding whole used or scrap tires accepted for temporary storage. This prohibition does not apply to the transportation of whole used or scrap tires classified as reusable under sec.330.808(c) of this title (relating to On Site Storage). This prohibition also does not apply to manufacturers, retreaders, fleet operators, and storage site owners or operators of whole used or scrap tires. (d) Used or defective tires shipped back to the manufacturer or manufacturer's representative for adjustment are not required to be transported by a registered transporter, provided the generator retains, for a period of three years, written records of the shipments, indicating the date of shipment and the number of tires in each shipment. These records shall be available to the executive director upon request. (e) Local ordinances. Where local ordinances require controls and records substantially equivalent to or more stringent than the requirements of subsection (a) of this section, generators may use such controls and records to satisfy the commission's requirements under this section, with approval by the executive director. sec.330.810. Penalties for Generators. A generator that violates the requirements of this subchapter shall be subject to any commission action authorized by law to secure compliance, including the assessment of administrative penalties or civil penalties as prescribed by law. sec.330.811. Transporters of Whole Used or Scrap Tires. (a) Applicability. The regulations contained in these sections establish standards applicable to transporters collecting and hauling whole used or scrap tires. Methods of transportation shall include, but are not limited to, measures utilizing roadway, rail, and water facilities. These sections are applicable to waste tire transporters and other tire transporters who transport whole used or scrap tires or shredded tire pieces from a registered generator, waste tire facility or mobile tire processor to a recycling facility. (b) Responsibility. Transporters shall maintain records using a manifest system as provided in sec.330.815 of this title (relating to Transporter Record Keeping). Each transporter shall be responsible for ensuring that whole used or scrap tires are transported to a waste tire facility, a permitted or registered storage site, a permitted disposal or monofill site, a whole used or scrap tire recycler, or a retreader. (c) Prohibition. A transporter may not charge a fee to a retail or wholesale dealer of new tires, for collecting whole used or scrap tires for delivery to a waste tire facility on or after April 1, 1992. sec.330.812. Transporter Registration. (a) Transporters shall register their operations with the executive director. A person shall not transport whole used or scrap tires without registering with the executive director prior to commencing operations. An application for a registration shall be made on a form obtained from the executive director upon request. The following registration information must be provided to the executive director: (1) the name, address, and telephone number of registrant; (2) the name, address, and telephone number of partners, corporate officers, and directors; (3) a description of vehicles to be registered, including: (A) make, model, and year of vehicles; (B) vehicle license plate (tag) number including state and year; (C) name of vehicle owner; (D) capacity of vehicle; (E) type of vehicle; and (4) the anticipated number of tires to be hauled and/or weight of shredded tire pieces to be hauled per month. (b) Transporters who are registered by the executive director shall maintain a copy of their registration form containing their assigned registration number, at their designated place of business and in each vehicle used to transport whole used or scrap tires. (c) Registrations shall expire 12 months from the date of issuance. Registrations are required to be renewed annually prior to the expiration date. Applications for renewal must contain the information required in subsection (a) of this section and shall be submitted at least 60 days prior to the expiration date. An application for renewal must be obtained from the executive director. (d) Transporters shall provide written notice to the executive director, within 15 days of any change to their registration if: (1) the number of whole used or scrap tires handled or total operation is expanded by 50% over that originally registered; (2) the office or place of business is relocated; or (3) the transporter's registered name is changed. (e) A new registration application shall be submitted, to the executive director within 10 days of a determination by the executive director that operations or management methods are no longer adequately described by the existing registration or ownership of the registered transporter is changed. Following the executive director's determination, the old transporter registration number shall be canceled. (f) Suspension, revocation, or denial of registration procedures are as follows. (1) The commission may suspend or revoke a registration or deny an initial or renewal registration for: (A) failure to maintain a complete and accurate record of shipments of tires; (B) failure to maintain vehicles in safe working order as evidenced by at least two citations per vehicle from the Texas Department of Public Safety or local traffic law enforcement agencies; (C) falsification of waste shipping documents or shipment records; (D) delivery of whole used or scrap tires to a facility not registered to handle the tires; (E) failure to comply with any rule or order issued by the commission pursuant to the requirements of this chapter; (F) failure to submit the annual report required in s330.815(b) of this title (relating to Transporter Record Keeping); (G) failure to pay registration fees pursuant to sec.330.817 of this title (relating to Transporter Fees); (H) illegal dumping of whole used or scrap tires; or (I) collection or transportation of whole used or scrap tires without registration as required in this section. (2) A transporter registration shall be suspended for a period of one year; however, depending upon the seriousness of the offense(s), the time of suspension may be increased or decreased. A transporter registration is revoked automatically upon a second suspension. If the registration is suspended or revoked, a transporter shall not transport whole used or scrap tires regulated under this subchapter. (3) The holder of a transporter registration that has been revoked by the commission may reapply for registration pursuant to this subchapter as if applying for the first time, after a period of at least one year from the date of revocation. If a transporter registration is revoked by the commission a second time, the revocation shall be permanent. (4) Appeal of suspension, revocation, or denial of initial or renewal registration procedures are as follows. (A) An opportunity for a formal hearing on the suspension or revocation of registration may be requested in writing by the registrant by certified mail, return receipt requested, provided the request is postmarked within 20 days after a notice of proposed revocation or denial of registration has been sent from the executive director to the last known address of the registrant. (B) An opportunity for a formal hearing on the denial of registration or renewal of registration may be requested in writing by the applicant by certified mail, return receipt requested, provided the request is postmarked within 20 days after a notice of denial has been sent from the executive director to the address listed on the application. If the registration is denied, a person shall not collect or transport whole used or scrap tires. (C) The formal hearing under this paragraph shall be in accordance with the requirements of the Administrative Procedures and Texas Register Act, Texas Civil Statutes, Article 6252-13a (Vernon 1992) and the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361 (Vernon 1992) and the rules of the commission. (g) Transport vehicles operated by municipalities, counties, or other governmental entities or agencies which are used to transport whole used or scrap tires removed from public streets, roads or highways, or drainage easements and delivered to a waste tire facility, a waste tire storage site, or a disposal site shall be exempt from registration under this section; however, the load of whole used or scrap tires shall be manifested. To properly manifest these tires, the generator portion of the manifest form should be completed showing the number of tires hauled, the date, and physical location where the tires were removed from and to. sec.330.813. Delivery Requirement.
                                    Transporters shall deposit whole used or scrap tires at a waste tire facility, registered or permitted waste tire storage site, or at a disposal site as designated by the generator. Shipments of whole used or scrap tires may not be commingled with any other type of waste material, except for incidental whole used or scrap tires picked up in enclosed packer units. sec.330.814. Vehicle and Equipment Sanitation Standards.
                                      All vehicles and equipment used for the collection and transportation of whole used or scrap tires shall be constructed, operated, and maintained to prevent loss of whole used or scrap tires during transport and to prevent health nuisances and safety hazards to operating personnel and the public. Collection vehicles and equipment shall be maintained in a sanitary condition to preclude odors and insect breeding. Any vehicle or trailer used to transport whole used or scrap tires shall be identified on both sides and the rear of the vehicle. The identification shall consist of the name and place of business of the transporter and the commission registration number using numbers at least 2 1/2 inches tall. Trailers used to transport whole used or scrap tires shall be either fully enclosed and lockable, or have sidewalls of sufficient height to contain the load and shall be covered with a tarp during transit. sec.330.815. Transporter Record Keeping. (a) Manifest. (1) Transporters shall maintain a record of each individual collection and delivery in a processing, storage or disposal facility. Such records shall be in the form of a four-part manifest described in sec.330.807(b) of this title (relating to Generator Record Keeping). (2) Persons who are not transporters as defined in s330.811(a) of this title (relating to Applicability) may deliver whole used or scrap tires to a registered facility (i.e. waste tire storage site, disposal site, waste tire facility, or mobile tire processor) without a manifest. The waste tire storage site, disposal site, waste tire facility, or other processing facility is authorized to accept these tires in accordance with the conditions specified in this subchapter without a manifest. The waste tire storage site, disposal site, waste tire facility, or mobile tire processor shall maintain a collection log of unmanifested whole used or scrap tires and shall report the amount of these unmanifested tires on the annual summary report for their facility. This collection log shall be retained for a period of three years and shall be made available to the executive director upon request. (b) Maintenance of records and reporting. The transporter shall mail to the person who generated the whole used or scrap tires a copy of the portion of the manifest that has been filled out by the transporter. The transporter shall retain a copy of all manifests showing the collection and disposition of the whole used or scrap tires. Manifest copies shall be retained by the transporter for a period of three years and made available to the executive director upon request. Transporters shall submit to the executive director an annual summary of their activities through December 31 of each calendar year showing the number of whole used or scrap tires collected, the disposition of such tires, and the number of whole used or scrap tires delivered to each facility. The report shall be submitted no later than March 1 of the year following the end of the reporting period. The report shall be prepared on a form provided by the executive director. (c) Local ordinances. Where local ordinances require controls and records substantially equivalent to or more stringent than the requirements of subsection (a) of this section, transporters may use such controls and records to satisfy the commission's requirement under this section, following review and approval by the executive director. sec.330.816. Interstate Transportation.
                                        Persons who engage in the transportation of whole used or scrap tires from Texas to other states or countries, or from other states or countries to Texas, or persons who collect or transport whole used or scrap tires in Texas but have their place of business in another state, shall comply with all of the requirements for transporters contained in this subchapter. If such persons also engage in any activity of managing whole used or scrap tires in Texas by storage, processing, or disposal, they shall follow the applicable requirements for operators of such activities. Persons who engage in the transportation of whole used or scrap tires which do not originate or terminate in Texas, are exempt from these regulations, except for s330.814 of this title (relating to Vehicle and Equipment Sanitation Standards). sec.330.817. Transporter Fees. (a) Applicability. Transporters are required to pay an annual registration fee to the executive director based on the total annual number of whole used or scrap tires or shredded tire pieces transported. (b) Fee amount. The amount of the annual registration fee shall be based upon the total annual number of whole used or scrap tires or shredded tire pieces transported under each registration. The fee for the first year of operation under a registration shall be based upon an estimate of the total annual number of whole used or scrap tires or shredded tire pieces to be transported. The fee paid for the first year of operation will be adjusted after submission of at least one annual report and one registration renewal, indicating the actual number of whole used or scrap tires or shredded tire pieces transported. An overpayment will be credited to the next year's registration fee. A billing notice for underpayment of the registration fee will be sent to the transporter and payment will be due within 30 days from the date of the notice. (c) Fee schedule. The fees shall be calculated based on the total number of whole used or scrap tires or shredded tire pieces transported annually. The total weight of shredded tire pieces transported annually shall be converted to number of whole used or scrap tires using a conversion factor of 18.7 pounds per tire. The following schedule shall be used to calculate the fee amount owing to the commission. (1) For a total annual number transported of 10,000 whole used or scrap tires or less, the fee is $100. (2) For a total annual number transported greater than 10,000 whole used or scrap tires but equal to or less than 50,000 used or scrap tires, the fee is $250. (3) For a total annual number transported greater than 50,000 whole used or scrap tires but equal to or less than 200,000 used or scrap tires, the fee is $400. (4) For a total annual number transported greater than 200,000 whole used or scrap tires, the fee is $500. (d) Method of payment. The transporter's annual registration fee shall accompany the applicant's original or renewal registration application and shall be submitted in the form of a check or money order made payable to the Texas Department of Health and delivered or mailed to: Bureau of Solid Waste Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199. sec.330.818. Penalties for Transporters. A transporter that violates the requirements of this subchapter shall be subject to any commission action authorized by law to secure compliance, including the assessment of administrative penalties or civil penalties as prescribed by law. sec.330.821. Mobile Tire Processors of Whole Used or Scrap Tires. (a) Applicability. The regulations contained in these sections establish standards applicable to mobile tire processors/shredders collecting and shredding whole used or scrap tires. A mobile processor of whole used or scrap tires includes a machine that splits, quarters, or shreds whole tires into two or more pieces. (b) Responsibility. Each mobile tire processor operating a mobile tire shredder shall be responsible for ensuring that whole used or scrap tires are split, quartered, or shredded and that the tire pieces are transported to a waste tire facility, or a waste tire storage facility, or a recycling facility that will recycle, reuse or recover for energy the tire pieces. (c) Recycling responsibility. Each mobile tire processor operating a mobile tire shredder that participates in the waste tire recycling program and receives reimbursement from the Waste Tire Recycling Fund (WTRF) shall ensure that the shredded tire pieces that are generated have been delivered to a recycling, reuse, or energy recovery facility in accordance with applicable sections of this subchapter. (d) Prohibition. Mobile tire processors operating a mobile tire shredder shall not charge a fee, to a retail or wholesale dealer of new tires, for collecting and shredding whole used or scrap tires accepted for temporary storage, on or after April 1, 1992. This prohibition does not apply to the collecting and shredding of whole used or scrap tires received from manufacturers, retreaders, fleet operators, and storage site owners or operators of whole used or scrap tires. sec.330.822. Mobile Tire Processor Registration. (a) Mobile tire processors operating a mobile tire shredder shall register their operations with the executive director, prior to commencing operations. An application for registration shall be made on a form provided by the executive director upon request. The following registration information shall be provided to the executive director: (1) the name, address, and telephone number of registrant; (2) the name, address, and telephone number of partners, corporate officers, and directors; (3) a description of vehicles or equipment to be registered, including the: (A) make, model, and year of vehicle or equipment; (B) vehicle license plate (tag) number including state and year, if applicable; (C) name of vehicle, or equipment owner; (D) rated capacity of each piece of equipment or vehicle; (E) type of equipment or vehicle; (F) area within Texas that shredder will generally operate; and (4) the anticipated number of whole used or scrap tires to be split, quartered, or shredded per month. (b) Persons who apply to the executive director for registration and receive the registration shall maintain a copy of the registration form and their assigned registration number at their designated place of business and in each vehicle used to shred whole used or scrap tires. (c) Registrations shall expire 36 months after the date of issuance. Registrations are required to be renewed prior to the expiration date. Applications for renewal must meet the requirements of subsection (a) of this section and shall be submitted at least 60 days prior to the expiration date. An application for renewal must be obtained from the executive director. (d) Mobile tire processors shall provide written notice to the executive director within 15 days of any change to their registration if: (1) the number of whole used or scrap tires handled or total operation has expanded by 50% over that originally registered; (2) the office or place of business is relocated; (3) the mobile processor's registered name has changed; (4) an increase in the amount of mobile tire shredding equipment owned or operated; or (5) the mobile tire processor's assigned area of operation has changed. (e) A new registration application shall be submitted, to the commission within 10 days of a determination by the executive director that operations or management methods are no longer adequately described by the existing registration or ownership of the registered mobile tire processor/shredder is changed. Following the executive director's determination, the old mobile processor/shredder registration number shall be canceled. (f) Suspension, revocation, or denial of initial or renewal registration procedures are as follows. (1) The commission may suspend or revoke a registration or refuse to issue an initial or renewal registration for: (A) failure to maintain complete and accurate records required under this subchapter; (B) failure to maintain vehicles in safe working order as evidenced by at least two citations per vehicle from the Texas Department of Public Safety or local traffic law enforcement agencies; (C) falsification of any record maintained or received by the registrant; (D) delivery of shredded tire pieces to a facility not registered by the executive director to handle the material; (E) failure to comply with any rule or order issued by the commission pursuant to the requirements of this chapter; (F) failure to submit the annual report required in s330.825(c) of this title (relating to Mobile Tire Processor Record Keeping); (G) failure to maintain insurance or provide proof of insurance as required in subsection (g) of this section; (H) illegal disposal of shredded tire pieces; (I) collection and/or shredding of whole used and scrap tires without the registration required in subsection (a) of this section; (J) failure to deliver shredded tire pieces to a recycling, reuse, or energy recovery facility as required in sec.330.823 of this title (relating to Delivery Requirements); (K) falsification of any request for reimbursement from the Waste Tire Recycling Fund; (L) failure to complete the work required to clean-up an entire illegal tire dump; and (M) failure to account to the executive director for recycling, reuse or energy recovery activities in the required five-year period. (2) A mobile tire processor's registration shall be suspended for a period of one year; however, depending upon the seriousness of the offense(s), the time of suspension may be increased or decreased. A mobile tire processor's registration is revoked automatically upon a second suspension. If the registration is suspended or revoked, a mobile processor shall not shred whole used or scrap tires regulated under this subchapter. (3) The holder of a mobile tire processor registration that has been revoked by the commission may reapply for registration pursuant to this subchapter as if applying for the first time, after a period of at least one year from the date of revocation. If a mobile tire processor's registration is revoked by the commission a second time, the revocation shall be permanent. (4) Appeal of suspension, revocation, or denial of initial or renewal registration procedures are as follows. (A) An opportunity for a formal hearing on the suspension or revocation of registration may be requested in writing by the registrant by certified mail, return receipt requested, provided the request is postmarked within 20 days after a notice of proposed revocation or denial of registration has been sent from the executive director to the last known address of the registrant. (B) An opportunity for a formal hearing on the denial of registration or renewal of registration may be requested in writing by the applicant by certified mail, return receipt requested, provided the request is postmarked within 20 days after a notice of denial has been sent from the executive director to the address listed on the application. If the registration is denied, a person shall not shred whole used or scrap tires. (C) The formal hearing under this paragraph shall be in accordance with the requirements of the Administrative Procedures and Texas Register Act, Texas Civil Statutes, Article 6252-13a (Vernon 1992) and the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361 (Vernon 1992) and the rules of the commission. (g) Each mobile tire processor shall provide to the executive director the following evidence of financial responsibility in the form of commercial business insurance: (1) a general liability policy with $0.5 million per occurrence, $1.0 million aggregate limit, $0.5 million personal injury limit, and fire damage provisions; and (2) a combined, single limit vehicle and equipment liability insurance policy with limits of at least $1.0 million per accident. sec.330.823. Delivery Requirement.
                                          Mobile tire processors shall deliver the shredded tire pieces at a waste tire facility, a waste tire storage facility, or at a facility that will recycle, reuse, or recover energy from the shredded tire pieces. The facility accepting delivery shall be permitted or registered by the commission before delivery of the shredded tire pieces can be made. sec.330.824. Vehicle and Equipment Requirements. (a) All vehicles and equipment used for the collection and shredding of whole used or scrap tires shall be constructed, operated, and maintained to prevent public health nuisances and safety hazards to operating personnel and the public. The equipment shall be periodically cleaned to prevent loose materials from being discharged while in transit or in operation. (b) The mobile tire processor must be equipped with or have access to a scale to weigh the whole used or scrap tires before shredding and the shredded tire pieces immediately after shredding. Any scale used that is not certified by the Texas Department of Agriculture (TDA) shall be supported with documentation as to why the scale cannot be certified and calibration documentation equivalent to the TDA must be provided to the executive director on a regular basis (monthly or quarterly) from the manufacturer of the scale. (c) The mobile tire shredder must be mounted on wheels or skids. It may not be permanently anchored in a fixed location. sec.330.825. Mobile Tire Processor Record Keeping. (a) Maintenance of records. The mobile tire processor shall maintain copies of all records required by this section for a period of five years. These records shall be made available to the executive director upon request. (b) Required records. A mobile tire processor shall maintain the following records: (1) manifests of incoming whole used or scrap tires; (2) manifests of outgoing whole used or scrap tires, or shredded tire pieces; (3) a daily log showing the number of tires by classification that are shredded and the weight of the shredded tire pieces; (4) equipment and vehicle preventive maintenance records; (5) a daily log showing the activity of the tire shredding equipment or vehicles; (6) a daily log showing the origin of the tires shredded and the number collected from that location; (7) the annual report required by the executive director; (8) a log containing copies of all monthly vouchers submitted to the executive director for reimbursement; (9) a record of the dates and documentation of calibration by the manufacturer of the scale; (10) a record showing the destination of shredded tire pieces and the amount by weight hauled to each facility. (c) Annual report. Mobile tire processors shall submit to the executive director an annual summary of their activities through December 31 of each calendar year showing the number of whole used or scrap tires collected, shredded, the disposition of such tires, and the amount by weight of shredded tire pieces delivered to a waste tire facility, waste tire storage facility or recycling, reuse or energy recovery facility. The report shall be submitted no later than March 1 of the year following the end of the reporting period. The annual report shall be prepared on a form provided by the executive director. sec.330.826. Operational Requirements for Mobile Tire Processors. (a) The operator of the mobile shredder shall operate the vehicle and equipment to prevent nuisances and disturbances. (b) Stockpiles of whole used or scrap tires at the shredder location that are awaiting splitting, quartering, or shredding shall be monitored for vector control and appropriate vector control measures shall be applied at least once every two weeks. (c) Mobile tire processors may operate at any permitted or registered waste tire storage facility, any permitted municipal solid waste landfill at which whole used or scrap tires are collected, at any priority enforcement list site authorized by the executive director, or on property utilized by generators to accumulate or store their own whole used or scrap tires. Except when operated at a permitted or registered waste tire storage facility, at a municipal solid waste landfill, or at a priority enforcement list site, mobile tire processors may shred only those tires that are under the direct control of the generator on whose site the tire shredder is temporarily located. sec.330.827. Eligibility for the Waste Tire Recycling Fund (WTRF). (a) A mobile tire processor is eligible for reimbursement from the WTRF provided such processor is in compliance with ssec.330.871-330.881 of this title (relating to Waste Tire Recycling Program). (b) Compliance shall also include the following items. (1) Whole used or scrap tires shall be shredded to a particle size not larger than nine square inches. (2) The shredded tire pieces shall be delivered to a facility that will recycle, reuse, or recover energy from the particles, or to a waste tire storage facility. (c) The mobile tire processor must possess a valid registration from the executive director. (d) All tires shredded for WTRF reimbursement shall have been generated from within the boundaries of Texas. sec.330.828. Penalties for Mobile Tire Processors. A mobile tire processor that violates the requirements of this subchapter shall be subject to any commission action authorized by law to secure compliance, including the assessment of administrative penalties or civil penalties as prescribed by law. sec.330.831. Storage of Whole Used or Scrap Tires or Shredded Tire Pieces. (a) Applicability. The regulations contained in these sections establish standards applicable to persons that store whole used or scrap tires or shredded tire pieces on any public or privately owned property. Storage of whole used or scrap tires or shredded tire pieces shall be considered as a temporary means of holding such tires or pieces and shall require permitting or registration in accordance with this subchapter. These sections do not apply to the use of tires in the storage, protection, or production of agricultural commodities. (b) Responsibility. (1) All persons shall properly register their property with the executive director if the intended use of the property is for the storage of whole used or scrap tires or shredded tire pieces as provided in this subchapter. (2) Owners and/or operators shall ensure that the tire transporters or processors that deliver whole used or scrap tires or shredded tire pieces at their waste tire facility or mobile tire processor location are properly registered with the executive director as required by sec.330.812 of this title (relating to Transporter Registration), sec.330.822 of this title (relating to Mobile Tire Processor Registration) and sec.330.843 of this title (relating to Waste Tire Facility Registration). (3) Owners and\or operators shall ensure that the tire transporters or mobile tire processors or waste tire facilities that deliver whole used or scrap tires or shredded tire pieces at their waste tire storage facility are properly manifested as required by sec.330.815(a) of this title (relating to Transporter Record Keeping), sec.330.825 of this title (relating to Mobile Tire Processor Record Keeping) and sec.330.845 of this title (relating to Waste Tire Facility Record Keeping). (4) Owners and/or operators of used or scrap tire storage sites shall obtain all required necessary and appropriate state and local permits, licenses, or registrations and operate in compliance with such permits, licenses, or registrations, or other applicable state and local codes. sec.330.832. Waste Tire Storage Facility Classification. (a) Classification of a waste tire storage facility shall be based on the number of whole used or scrap tires stored, the origination of the shredded tire pieces stored, and the type of storage operation. (b) The executive director shall classify all waste tire storage facilities according to the following. (1) Type VIII-WT. A Type VIII-WT facility is one in which less than 500 whole used or scrap tires are stored. Storage of whole used or scrap tires at a Type VIII-WT site shall be temporary. Whole used or scrap tires stored at a Type VIII-WT facility must be transported off-site within 90 days following their accumulation. (2) Type VIII-R. A Type VIII-R facility is one in which more than 500 whole used or scrap tires or an equivalent amount of shredded tire pieces are stored. Storage of whole used or scrap tires shall be temporary. Storage of whole used or scrap tires that are not designated as reusable whole used tires, is limited to 60 days from delivery date. Shredded tire pieces may be stored for a period of 12 months, unless written authorization for a longer storage period has been granted by the executive director because the recycling market cannot accommodate the shredded tire pieces. A Type VIII-R site shall be registered by the executive director. (3) Type VIII-S. A Type VIII-S site is a tire monofill that contains shredded tire pieces equivalent to or greater than 500 whole used or scrap tires that have been shredded to a particle size of not larger than nine square inches and the mobile tire processor or waste tire facility was reimbursed from the WTRF. Storage at a Type VIII-S site shall be considered long term and shall require a permit from the Texas Water Commission. (4) Type VIII-I. A Type VIII-I is a waste tire storage facility that stores more than 500 whole used or scrap tires and is considered by the executive director as an illegal tire site. These types of facilities shall be handled through the Priority Enforcement List (PEL) and routine inspection and enforcement activities. (5) Type VIII-L. A Type VIII-L is a designated recycling collection area at a permitted municipal solid waste landfill. Whole used or scrap tires may be stored at a Type VIII-L facility for a period of 120 days from delivery. sec.330.833. Waste Tire Storage Facility Registration. (a) Persons who store whole used or scrap tires or shredded tire pieces shall be required to obtain a waste tire storage registration number from the executive director. Generators, with the exception of waste tire storage facilities, that temporarily accumulate whole used or scrap tires for delivery to a waste tire storage facility, or a mobile tire processor, or waste tire facility are exempt from obtaining a waste tire storage facility registration number from the executive director. (b) An application for a waste tire storage facility registration number shall be made to the executive director on a form provided by the executive director. The following information shall be provided to the executive director: (1) the name, mailing address, and telephone number of the property owner of the waste tire storage facility; (2) the street location of the waste tire storage facility including county; (3) the name, mailing address, and telephone number of person making the application; (4) the approximate number of tires that will be stored at the waste tire storage facility; and (5) the existing land use surrounding the waste tire storage facility. (c) The application for a waste tire storage facility registration number shall be made to the executive director in writing. The written application must be made on the form provided by the executive director. The waste tire storage facility registration number shall be issued upon receipt and approval of an administratively and technically complete application. (d) Waste tire storage facilities that have received a registration number and have been classified pursuant to s330.832(b) of this title (relating to Waste Tire Storage Facility Classification) shall be subject to the specific requirements of this subchapter. sec.330.834. Evidence of Financial Responsibility. (a) The applicant seeking registration for a Type VIII-R storage facility or a permit for a Type VIII-S storage facility shall submit evidence of financial responsibility in an amount deemed adequate by the executive director to assure the executive director that the owner or operator of the waste tire storage facility has sufficient assets to provide proper clean-up and closure of the facility. A firm commitment to provide back-up equipment by lease, purchase, or diversion from other activities is part of this responsibility. This assurance may be in the form of a performance bond, a letter of credit from a recognized financial institution, a trust fund, or insurance in the case of privately-owned facilities, or by commissioners' court or city council resolution in the case of publicly-owned facilities. (b) The financial assurance shall be submitted to the executive director within 30 days prior to the issuance of a registration or a permit. It shall be good for one year beginning with the date of registration or permit issuance. The financial assurance must be renewed annually and shall be submitted at least 60 days prior to the expiration date. (c) The applicant shall submit, with the application for a permit or registration, an estimate of the total amount by weight of shredded tire pieces that the facility will store or process, and an estimated number of whole used or scrap tires that will be stored at the waste tire storage facility during processing. The applicant shall also estimate the cost of cleaning up and closing the facility, using the total amounts of whole used or scrap tires or shredded tire pieces stored at the facility. The executive director will evaluate the estimate submitted and determine the amount of financial assurance that each facility is required to provide. sec.330.835. Requirements for a Type VIII-R Waste Tire Storage Facility. (a) Registration requirements. (1) Persons who store or intend to store more than 500 whole used or scrap tires and/or an equivalent amount of shredded tire pieces shall register these sites with the executive director. Registration forms shall be provided by the executive director upon request. (2) Persons who apply and receive Type VIII-R facility registration from the executive director shall maintain a copy of the registration at their designated place of business and at the designated storage facility location. (3) A Type VIII-R registration shall expire 36 months from the date of issuance. Registrations shall be renewed prior to the expiration date. Applications for renewal shall be submitted at least 60 days prior to the expiration date of the Type VIII-R storage facility registration. (4) Type VIII-R storage facility owners and/or operators shall provide written notification to the commission within 15 days of a change to their registration if: (A) any data submitted in support of the application for registration has changed; (B) the office or place of business is relocated; or (C) the registered name of the facility owner or operator has changed. (5) A new Type VIII-R storage facility registration application shall be submitted to the executive director within 10 days, of a determination by the executive director that operations or management methods are no longer adequately described by the existing registration or ownership of the registered Type VII-R storage facility has changed or the operator of a Type VII-R storage facility has changed. Following the executive director's determination, the old Type VII-R storage facility registration number shall be canceled. (6) The commission shall suspend or revoke a Type VIII-R storage facility registration or deny an initial or renewal application for registration for cause as provided in sec.330.840 of this title (relating to Penalties for Owner or Operator of Waste Tire Storage Facilities). An opportunity for a formal hearing on the suspension or revocation may be requested by the registrant within 20 days after a notice of suspension or revocation has been sent from the executive director to the last known address of the registrant. If the registration is suspended or revoked, a Type VIII-R storage facility shall not store whole used or scrap tires or shredded tire pieces regulated under this subchapter. Upon suspension or revocation of a Type VIII-R storage facility registration, the owner or operator of the facility shall remove all whole used or scrap tires or shredded tire pieces stored at the facility within 60 days from the date of suspension or revocation. (7) Preparation and submission of an application for a Type VIII-R storage facility shall be in accordance with the following procedures. (A) The application for registration shall be prepared and signed by the applicant on a form to be provided by the executive director. The application shall include information necessary for the executive director to make an evaluation of the proposed operation to ensure that the facility is located, designed, and operated so that the health, welfare, and physical property of the public as well as the environment and endangered species are protected. Failure to submit complete information as required by these sections shall result in the return of the application to the applicant without further action by the executive director. The submission of false information shall constitute grounds for denial of the initial or renewal application or suspension or revocation of the current Type VIII-R storage facility registration. (B) The application for a registration of a Type VIII-R storage facility shall be submitted in triplicate to the executive director with all supporting data unless otherwise directed by the executive director. Following receipt of the application, the executive director will forward to the applicant a letter acknowledging receipt of the application. (C) Data presented in support of an initial or renewal application for a Type VIII-R storage facility shall consist of: (i) the legal name and address of the individual, partnership, corporation, city, county or other governmental entity that is applying for the registration and will be responsible for operations at the Type VIII-R storage facility; (ii) the legal name and address of landowner where the Type VIII-R storage facility will be or is currently located; (iii) the current status of the Type VIII-R storage facility; (i.e. proposed or existing); (iv) the specific location of the Type VIII-R storage facility by street address if within the city limits or distance and direction from a city corporate limits or road intersection. The Type VIII-R storage facility location shall be further described by giving the direction (using compass headings as N, NE, E, etc.) and distance measured perpendicularly (in feet or miles), unless otherwise noted, from each Type VIII-R storage facility boundary to a known physical feature (such as a road, highway, canal, creek, etc.); (v) the location of the Type VIII-R storage facility by county, or extraterritorial jurisdiction of a city; (vi) the estimated number of whole used or scrap tires or shredded tire pieces to be received daily; (vii) the size of the Type VIII-R storage facility in acres; (viii) the maximum number of whole used or scrap tires or shredded tire pieces to be stored at the Type VIII-R storage facility; (ix) the intended purpose of the whole used or scrap tires or shredded tires pieces stored at the Type VIII-R storage facility; (x) the time period that the whole used or scrap tires or shredded tire pieces will be stored at the Type VIII-R storage facility; (xi) the storage method (tire pile or inside a building or enclosure); (xii) a topographic map which shall be a United States Geological Survey 7-1/2 minute quadrangle sheet or equivalent, encompassing the area of the site and showing the location of area streams (particularly those entering and leaving the site), and marked to show the Type VIII-R storage facility boundaries, and roadway access. These maps may be obtained at a nominal cost from: Branch of Distribution, United States Geological Survey Federal Center, Denver, Colorado 80225; (xiii) a general location map, which shall be all or a portion of a half-scale county map, prepared by the Texas Department of Transportation Attention: Transportation Planning Division, annotated as necessary to show the location of the Type VIII-R storage facility; prevailing wind direction; residences, cemeteries, and recreational areas within one mile of the Type VIII-R storage facility and location and type of surface of all roads within one mile which will be used for entering or leaving the Type VIII-R storage facility. If only a portion of the map sheet is used, the portion shall include scale, date, north arrow, and two or more latitudes and longitudes. These maps may be obtained at a nominal cost from the nearest District Highway Engineer Office or by writing to: Texas Department of Transportation Attention: Transportation Planning Division (D-10), P.O. Box 5051, West Austin Station, Austin, Texas 78763-5051; (xiv) a statement from the property owner substantially equivalent to sec.330.905 of this title (relating to Appendix E-Form for Property Owner Affidavit) shall be submitted when the applicant is not a city, county, state agency, federal agency, or other governmental entity and is not the owner of record of the land described in the application, or does not have an option to buy the land. The statement shall be witnessed and notarized. If the property owner does not sign the statement, the applicant shall provide the executive director with documentation that the property owner has been properly notified and advised of his/her responsibilities and potential liabilities in relation to the operation of a Type-VIII-R waste tire storage facility on the owner's land; (xv) a Type VIII-R storage facility layout plan showing location of storage areas, fire lanes, access roads (internal and external), fire control facilities, facility security and fencing, maintenance and control buildings, sanitation facilities, location and description of type of tire splitter to be used, and other operational buildings to be located on the Type VIII-R storage facility; (xvi) a drainage plan showing drainage flow throughout the Type VIII-R storage facility area; locations of streams; and any other important drainage feature of the facility. Any additional surface drainage controls that are necessary shall be designed by a professional engineer in accordance with sec.330.65(b)(5)(iii) and (v) of this title (relating to Technical Information Required for Landfill Sites Serving 5,000 Persons or More-Site Development Plan). If during review of the application or after issuance of the registration, a detailed drainage plan is required, then it shall be prepared, signed, and sealed by a professional engineer in accordance with sec.330.58 of this title (relating to Preparation of Application); (xvii) a legal description of the Type VIII-R storage facility consisting of the official metes and bounds description including the volume and page number of the deed record, or if platted property, the book and page number of the plat record of only that acreage encompassed in the application; (xviii) a Type VIII-R storage facility operating plan containing information outlined in subsection (c) of this section; and (xix) an applicant's statement provided by the applicant, or the authorized representative empowered to make commitments for the applicant, that he is familiar with the application and all supporting data and is aware of all commitments represented in the application and that he/she is also familiar with all pertinent requirements in these regulations and he/she agrees to develop and operate the Type VIII-R storage facility in accordance with the application, the sections in this subchapter, and any special provisions that may be imposed by the executive director. (b) Design requirements for Type VIII-R Waste Tire Storage Facility. (1) A Type VIII-R waste tire storage facility shall be designed or registered so that the health, welfare and safety of operators, transporters, and others who may utilize the Type VIII-R waste tire storage facility is maintained. (2) Whole used or scrap tires or shredded tire pieces may be stored using tire piles, inside storage, or a combination of both methods. (A) Tire piles consisting of whole used or scrap tires or shredded tire pieces shall be no greater than 15 feet in height nor shall the pile cover an area greater than 8,000 square feet. (B) Whole used or scrap tires or shredded tire pieces may be stored in any enclosed building or other type of covered enclosure. Where applicable, local fire prevention codes must be met and appropriate precautions taken. Inside storage piles or bins shall not exceed 12,000 cubic feet with a 10 foot aisle space between piles or bins. Storage trailers will be allowed provided the trailer is completely enclosed and lockable. (3) Tire piles consisting of whole used or scrap tire or shredded tire pieces stored outside of areas with building setback lines shall not be within 50 feet of a property line, building, or other structure; and 25 feet from either boundary of an easement. Outside piles consisting of whole used or scrap tire or shredded tire pieces and buildings used to store whole used or scrap tires or shredded tire pieces in areas with building setback lines shall be maintained no closer than 10 feet to the applicable building setback lines. Where no building setback lines exist, buildings used to store used or scrap tires or shredded tire pieces shall not be within 25 feet of the property line of the Type VIII-R storage facility. (4) Whole used or scrap tires shall be split, quartered, or shredded within 60 days from the date of delivery to the Type VIII-R storage facility. Appropriate vector controls shall be made at a frequency based upon weather conditions and other applicable local ordinances. (5) There shall be a minimum separation of 20 feet between outside tire piles consisting of whole used or scrap tires or shredded tire pieces. This 20-foot space shall be designated as a fire lane and shall be an all-weather road. The open space between inside and outside tire piles consisting of whole used or scrap tires or shredded tire pieces shall be kept open at all times and maintained free of rubbish, equipment, tires, or other materials. (6) The Type VIII-R storage facility shall be completely enclosed with a chain- link type security fence at least six feet in height with lockable gates. Storage buildings or enclosures not enclosed with a chain-link type security fence shall be secured by lockable doors. Waste tire storage facilities shall be kept locked during all non-operational hours. (7) The Type VIII-R storage facility shall have adequate fire protection using fire hydrants or a firewater storage pond or tank at the facility and large capacity carbon dioxide or dry chemical fire extinguisher(s) located in strategically-placed enclosures throughout the entire site. Fire extinguishers used at waste tire storage facilities with inside and outside storage, should be equally spaced within the facility to provide quick access from any location within the facility. The minimum spacing between fire extinguishers, inside and outside, shall be 100 feet. The minimum number of fire extinguishers or fire hydrants for each waste tire storage facility shall be one per acre. The capacity of a firewater storage pond or tank shall be of sufficient size for firefighting purposes and shall be in conformance with all local and state fire code requirements. (8) If required, suitable drainage structures or features shall be provided to divert the flow of rainfall run-off or other surface water within the Type VIII- R storage facility. (9) Each site shall conspicuously display at the entrance a sign at least 1 1/2 feet by 2 1/2 feet with clear, legible letters stating the name of the Type VIII-R storage facility using the words "waste tire storage facility", the registration number, and operating hours. (10) A Type VIII-R storage facility located within a designated floodplain area shall provide adequate protection levees or dikes to prevent washout from any material stored material within the Type VIII-R storage facility. (11) The Type VIII-R storage facility shall be designed in accordance with all local building codes, fire codes, or other appropriate local codes. (c) Type VIII-R Waste Tire Storage Facility Operating Plan. (1) The purpose of the Type VIII-R storage facility operating plan is to provide specific guidance and instructions to Type VIII-R storage facility management and operating personnel in sufficient detail to enable them to conduct day-to- day operation in a manner consistent with the design of the Type VIII-R storage facility and the requirements imposed in this subchapter. (2) The Type VIII-R storage facility operating plan shall include guidance or instructions on the following: (A) security, facility access control, the hours and days during which tire- hauling vehicles will be accepted, traffic control, and safety; (B) sequence of the development of the Type VIII-R storage facility such as utilization of storage areas, drainage features, firewater storage ponds, trenches, and buildings; (C) control of loading and unloading of whole used or scrap tires or shredded tire pieces within designated areas so as to minimize operational problems at the Type VIII-R storage facility; (D) fire prevention and control plans, and special training requirements for fire-fighting personnel that may be called for assistance; (E) vector control procedures for any type of vector that may be found at the Type VIII-R storage facility; (F) a procedure for removal of any waste material that is not a whole used or scrap tire or shredded tire piece to a disposal facility permitted by the commission. This procedure must include the means to be used for removal of the waste material illegally deposited at the Type VIII-R storage facility. In all cases, such waste shall be removed from the storage area immediately and placed in suitable collection bins or be returned to the transporter's vehicle and removed from the Type VIII-R storage facility. Collection bins must be emptied at least weekly, depending on the amount and type of unauthorized waste. The equipment necessary to meet this objective shall be specified in the design requirements and shall be on site and operable during operating hours; (G) a facility employee shall be designated by the owner or operator to inspect each load of whole used or scrap tires or shredded tire pieces that is delivered to the Type VIII-R storage facility. The employee shall have the authority and responsibility to reject unauthorized loads, have unauthorized materials removed by the transporter, assess appropriate disposal fees, and have any unauthorized material removed by on-site personnel. The name of the designated employee shall be provided to the executive director by the owner or operator of the facility; (H) a procedure whereby the transporter manifest required by sec.330.815 of this title (relating to Transporter Record Keeping), daily log and other required documents shall be maintained at the Type VIII-R storage facility for a period of three years and be available for inspection the executive director or authorized agents or employees of local governments having jurisdiction; (I) dust and mud control measures for access roads, fire lanes, and storage areas within the Type VIII-R storage facility; (J) posting of signs and enforcement of Type VIII-R storage facility rules; (K) wet-weather operations; (L) preventive maintenance procedures for all storage areas, tire splitter equipment, fire lanes, fire control devices, drainage facilities, access roads, buildings, and other structures on the Type VIII-R storage facility during the active operating period of the Type VIII-R storage facility. A schedule shall be established for periodic inspection of all equipment and facilities to determine if unsatisfactory conditions exist; and (M) incorporation of other instructions as necessary to ensure that the Type VIII-R storage facility personnel comply with all of the operational standards for the facility. (d) Type VIII-R Waste Tire Storage Facility Record Keeping. (1) General requirements. (A) The executive director approved Type VIII-R storage facility layout plan, Type VIII-R storage facility operating plan, and all supporting data to the application, is an operational requirement. Any significant deviation as determined by the executive director, from any part of the site layout plan or operating plan or other supporting data without prior approval from the executive director shall be a violation of this subchapter. (B) A copy of the registration with all supporting data, including the approved Type VIII-R storage facility layout plan, the approved Type VIII-R storage facility operating plan, and the commission's current rules shall be on-site at all times. The facility supervisor shall be knowledgeable of current commission rules and contents of the approved Type VIII-R storage facility application in relation to the operational requirements of the specific Type VIII-R storage facility. (C) All drawings or other sheets prepared for revisions to a Type VIII-R storage facility layout plan or other previously approved documents, which may be required by this subchapter, shall be submitted in triplicate. (2) Daily log. Persons that store whole used or scrap tires or shredded tire pieces subject to control under this subchapter shall maintain a record of each individual delivery and removal. Such record shall be in the form of a daily log or other similar documentation approved by the executive director. The daily log shall include at a minimum, the: (A) name and commission registration number of the waste tire storage facility; (B) physical address of the Type VIII-R storage facility; (C) number of whole used or scrap tires or shredded tire pieces received at the Type VIII-R storage facility; (D) number of whole used or scrap tires or shredded tire pieces, removed from the Type VIII-R storage facility (for disposal, resale, recycling, reuse or energy recovery); (E) specific location in the Type VIII-R storage facility (i.e., tire pile number, bin number, building number, etc.) where whole used or scrap tires or shredded tire pieces are delivered or removed for disposal, resale, recycling, reuse or energy recovery); (F) description of specific events or occurrences at the Type VIII-R storage facility relating to routine maintenance, fires, theft, spraying for vectors, observations of vectors or evidence of vectors, or other similar events or occurrences; (G) number of whole used or scrap tires being held for resale, adjustments, or other purposes; and (H) name and signature of facility representative acknowledging truth and accuracy of the daily log. (3) Transporter manifests. The Type VIII-R storage facility operator shall retain a copy of all manifests received from a tire transporter, whether the manifest is for whole used or scrap tires delivered to the Type VIII-R storage facility or removed from the Type VIII-R storage facility. (4) Maintenance of records and reporting. The Type VIII-R storage facility operator shall retain a copy of all records showing the collection and disposition of the whole used or scrap tires or shredded tire pieces. Such copies shall be retained for three years and made available to the commission upon request. Type VIII-R storage facility operators shall submit to the executive director an annual summary of their activities through December 31 of each year showing the number of whole used or scrap tires or shredded tire pieces delivered, the disposition of whole used or scrap tires or shredded tire pieces, and the number of whole used or scrap tires or shredded tire pieces removed from the facility. The annual report shall be submitted no later than March 1 of the year following the end of the reporting period. The annual report shall be prepared on a form provided by the executive director. (5) Local ordinances. Where local ordinances require controls and records substantially equivalent to or more stringent than the requirements of this subchapter, waste tire storage facility operators shall use such controls and records to satisfy the commission's requirements, upon review and approval by the executive director. sec.330.836. Requirements for a Type VIII-S Waste Tire Storage Facility. (a) Permit requirement. (1) Persons that intend to store shredded tire pieces that were shredded to a particle size no larger than nine square inches and were received from a waste tire facility or mobile tire processor reimbursed from the WTRF in a below ground facility or tire monofill shall permit these sites with the commission. The below ground facility permitted to store shredded tire pieces shall only receive and store shredded tire pieces nine square inches and smaller. Permit application forms will be provided by the executive director. (2) Persons that apply and receive a permit from the commission shall maintain a copy of the permit at their designated place of business and at the designated Type VIII-S storage facility location. (3) A permit issued for a Type VIII-S waste tire storage facility shall expire 60 months from the date of issuance. An application for renewal shall be submitted at least 12 months prior to the expiration date. If the market for recycling, reuse, or energy recovery has not developed sufficiently to absorb the shredded tire pieces stored in the monofill, the commission may reissue the permit for an additional 60 months. Failure to provide an end user for the shredded tire pieces by the 54th month after the renewal of the permit, shall be sufficient grounds for the commission to revoke the permit and claim the financial assurance for facility clean-up and closure. (4) Preparation and submission of the permit application shall be in accordance with the requirements of a Type VIII-S Tire Monofill indicated in sec.330.832 of this title (related to Waste Tire Storage Facility Classification). (b) Design requirements for a Type VIII-S waste tire storage facility. (1) A tire storage monofill shall be designed and permitted so that the health, welfare, and safety of the Type VIII-S storage facility operators, transporters, and others that may utilize the Type VIII-S storage facility is maintained. (2) The Type VIII-S storage facility shall be designed in accordance with the requirements of sec.330.853 of this title (relating to Permit Requirements). (c) Type VIII-S waste tire storage facility operation. (1) The purpose of the Type VIII-S storage facility operating plan is to provide specific guidance and instructions to the Type VIII-S storage facility management and operating personnel in sufficient detail to enable them to conduct day-to-day operation in a manner consistent with the design of the Type VIII-S storage facility and the requirements of this subchapter. (2) The Type VII-S storage facility operating plan shall be prepared in accordance with the requirements of sec.330.853 of this title (relating to Permit Requirements). (3) The Type VIII-S storage facility operating plan shall also include an operational procedure for the extraction or exhumation of the shredded tire pieces that will be transported for recycling, reuse, or energy recovery. (4) Record keeping and maintenance requirements for a Type VIII-S waste tire storage facility (tire monofill) shall be the same as those required in sec.330.835(d) of this title (relating to Requirements for a Type VIII-R Waste Tire Storage Facility.) sec.330.837. Requirements for a Type VIII-L Waste Tire Storage Facility. (a) Permitted municipal solid waste landfills that elect to designate a recycling collection area for the collection and storage of whole used or scrap tires may do so. The designated recycling collection area shall be issued a Type VIII-L waste tire storage facility registration number from the executive director and allowed to accumulate whole used or scrap tires for a period not to exceed 90 days. (b) To receive a waste tire storage facility registration number for the recycling collection area, the permittee shall submit to the executive director, in triplicate, a change to their previously approved Site Development Plan designating the collection area. In addition, a metes and bounds description of the designated recycling collection area shall be submitted. (c) The designated recycling collection area shall be a permanent fixed area within the permitted facility. Lockable enclosed trailers, open top roll off boxes, or tire piles may be utilized in the collection and storage of these tires. The method of operation of the recycling collection area shall be identified in the changes to the Site Development Plan as required in sec.330. 837(b) of this title (relating to a Type VII-L Waste Tire Storage Facility). sec.330.838. Requirements for a Type VIII-WT Waste Tire Storage Facility. (a) Persons that intend to store whole used or scrap tires in quantities less than 500 at any given time may do so without obtaining a permit or registration from the commission. The executive director will assign a Type VIII-WT registration number to the storage facility. (b) Persons who operate a Type VIII-WT storage facility shall monitor the facility for vectors and shall utilize a vector control system to control the presence and occurrence of vectors. (c) Whole used or scrap tires stored in a Type VIII-WT storage facility shall be removed at least once every 120 days or when the accumulated number of whole used or scrap tires nears the 500 limit. sec.330.839. Eligibility for the Waste Tire Recycling Fund (WTRF) Program. (a) Any waste tire storage facility declared by the executive director to be eligible for the WTRF shall operate in accordance with any additional requirements imposed in sec.330.866 of this title (relating to Post PEL Clean-Up Responsibilities). (b) Eligibility of the waste tire storage facility for inclusion in the WTRF program shall be determined as follows. (1) Any waste tire storage facility that has not received a waste tire storage facility commission permit or registration number from the executive director and has not been classified by the executive director is not eligible for participation in the WTRF program. (2) The WTRF program targets clean-up of illegal tire sites and shredding of whole used or scrap tires generated on a daily basis from retail or wholesale dealers. Waste tire storage facilities that have received a waste tire storage facility registration number and have been classified by the executive director are eligible for participation in the WTRF program under the appropriate classification category. (3) The following waste tire storage facilities are eligible for participation in the WTRF program: (A) clean up of illegal tire sites; (i) Type VIII-I sites; and (ii) Type VIII-WT sites that are above the PEL threshold limit; and (B) whole used or scrap tires generated daily at: (i) Type VIII-L sites; (ii) Type VIII-WT sites that are below the PEL threshold limit; and (iii) Type VIII-R sites. sec.330.840. Penalties for Owner or Operator of Waste Tire Storage Facilities.
                                            An owner or operator of a waste tire storage facility that violates the requirements of this subchapter shall be subject to any action authorized by law to secure compliance, including the assessment of administrative penalties or civil penalties as prescribed by law. sec.330.841. Waste Tire Facility Processors of Whole Used or Scrap Tires. (a) Applicability. The regulations contained in these sections establish standards applicable to persons who operate as a waste tire processor at a waste tire facility. A waste tire facility is a fixed and permanent facility. (b) Responsibility. All persons who operate as a waste tire processor at a waste tire facility shall be responsible for obtaining all necessary and appropriate state and local permits, licenses, or registrations required, and operate in compliance with such permits, licenses, or registrations, or other applicable state and local codes. (c) Recycling responsibility. Each waste tire facility that participates in the WTRF program and receives reimbursement from the WTRF shall be responsible for ensuring that the shredded tire pieces generated at the waste tire facility have been delivered to a recycling, reuse, or energy recovery facility in accordance with applicable sections of this subchapter. (d) WTRF program. Waste tire facilities that participate in the WTRF program shall not charge a fee to retail or wholesale dealers (generators of whole used or new tires) for collecting and shredding whole used or scrap tires that have accumulated in Type VIII-WT waste tire storage facilities at generator locations on or after April 1, 1992. sec.330.842. Waste Tire Facility Classification and Operation. (a) A waste tire facility shall be classified as a Type VIII-P facility. The facility shall contain equipment that will shred whole used tires or scrap tires and/or reduce the whole used or scrap tire into a particle size of nine square inches or less. (b) A Type VIII-P site shall be operated in accordance with the provisions in Subchapter G of this chapter (relating to Operational Standards for Solid Waste Processing and Experimental Sites) and the provisions contained in this subchapter. (c) Waste tire shredding or reduction equipment shall be equipped with or have access to a scale that is either certified annually by the weights and measures section of the Texas Department of Agriculture (TDA) or certified on a routine basis (i.e.-quarterly or monthly) by the manufacturer that developed and installed the scale. All whole used or scrap tires or shredded tire pieces shall be weighed immediately after processing. Any scale that is not certified by the TDA shall be supported with documentation as to why it cannot be certified by TDA and calibration documentation equivalent to the TDA must be obtained from the manufacturer of the scale. sec.330.843. Waste Tire Facility Registration. (a) Persons that process whole used or scrap tires at a waste tire facility shall obtain a registration number from the executive director for the operation of the waste tire facility. This registration number requirement is only applicable to waste tire facilities that have permanent and fixed equipment used to shred or reduce whole used or scrap tires to a particle size of nine square inches or less. Permanent fixed tire splitting or quartering equipment, some shredding equipment, and recyclers who have processes incapable of reducing whole used or scrap tires to a particle size of nine square inches or less, are not required to be registered, and are not eligible for reimbursement from the WTRF. (b) Waste tire facilities shall register their operation with the executive director prior to commencing operations. An application for registration shall be made on a form provided by the executive director upon request. The following registration information must be provided to the executive director: (1) the name, address, and telephone number of registrant; (2) the name, address, and telephone number of partners, corporate officers, and directors; (3) a description of the vehicles or equipment to be registered, including the: (A) make, model, and year of the vehicle or equipment; (B) name of the vehicle or equipment owner; (C) vehicle license plate (tag number) including state and year, if applicable; (D) rated capacity of each piece of equipment or vehicle; (E) type of equipment or vehicle; and (F) area within Texas that the permanent shredding equipment shredder will be located and will generally operate; (4) the anticipated number of whole used or scrap tires to be split, quartered, or shredded per month; and (5) a metes and bounds description of the site location of the facility. (c) Persons who apply to the executive director for registration and receive the registration shall maintain a copy of the registration form and their assigned registration number at their designated place of business and in each vehicle used to transport whole used or scrap tires to their waste tire facility. (d) A waste tire facility registration shall expire 60 months after the date of issuance. A waste tire facility registration is required to be renewed prior to the expiration date. Applications for renewal of registration must meet the requirements of subsection (b) of this section and shall be submitted at least 60 days prior to the expiration date. An application for renewal of registration must be obtained from the executive director. (e) A waste tire facility shall provide written notice to the executive director within 15 days of any change to the registration if: (1) the number of whole used or scrap tires handled or total waste tire facility operation has expanded by 50% over that originally registered; (2) the office or place of business is relocated; (3) the registered name of the waste tire facility has changed; (4) the amount of tire shredding equipment has increased; or (5) the assigned area of shredder operation has changed. (f) A new registration application shall be submitted, to the executive director within 10 days of a determination by the executive director that operations or management methods are no longer adequately described by the existing registration or ownership of the registered waste tire facility has changed or the location of the equipment or facility has changed. Following the executive director's determination, the old waste tire facility registration number shall be canceled. (g) Suspension, revocation, or denial of initial or renewal registration procedures are as follows. (1) The commission may suspend or revoke a registration, or deny the issuance of an initial or renewal registration for: (A) failure to maintain complete and accurate records pursuant to sec.330. 845 of this title (relating to Waste Tire Facility Record Keeping); (B) failure to maintain equipment in safe working order; (C) falsification of any record maintained or received by the registrant; (D) delivery of shredded tire pieces to a facility not registered by the executive director to handle the material; (E) failure to comply with any rule or order issued by the commission pursuant to the requirements of this chapter; (F) failure to submit annual reports as required by s330.845(d) of this title (relating to Waste Tire Facility Record Keeping); (G) failure to maintain financial assurance as required in sec.330.844 of this title (relating to Evidence of Financial Responsibility); (H) illegal disposal of shredded tire pieces; (I) collection and/or shredding of used and scrap tires without registration as required in sec.330.843 of this title (relating to Waste Tire Facility Registration); (J) failure to deliver shredded tire pieces to a recycling, reuse, or energy recovery facility as required in sec.330.841(c) of this title (relating to Applicability and Responsibility); (K) falsification of any request for reimbursement from the WTRF; (L) failure to complete the work required to clean up an illegal whole used or scrap tire site; and (M) failure to account to the executive director for recycling, reuse, or energy recovery activities in the required five year period. (2) A waste tire facility registration shall be suspended for a period of one year; however, depending upon the seriousness of the offense(s), the time of suspension may be increased or decreased. A waste tire facility registration is revoked automatically upon a second suspension. If the registration is suspended or revoked, a waste tire facility shall not shred any whole used or scrap tires regulated under this subchapter. (3) The holder of a waste tire facility registration that has been revoked by the commission may reapply for registration pursuant to this subchapter as if applying for the first time, after a period of at least one year from the date of revocation. If a waste tire facility registration is revoked by the commission a second time, the revocation shall be permanent. (4) Appeal of suspension, revocation, or denial of initial or renewal registration procedures are as follows. (A) An opportunity for a formal hearing on the suspension or revocation of registration may be requested in writing by the registrant by certified mail, return receipt requested, provided the request is postmarked within 20 days after a notice of proposed suspension or revocation or denial of the initial or renewal registration has been sent from the executive director to the last known address of the registrant. (B) An opportunity for a formal hearing on the denial of initial registration or renewal of registration may be requested in writing by the applicant by certified mail, return receipt requested, provided the request is postmarked within 20 days after a notice of denial of initial or renewal registration has been sent from the executive director to the address listed on the application. If the registration is denied, a person shall not collect, transport, or process whole used or scrap tires regulated under this subchapter. (C) The formal hearing under this paragraph shall be in accordance with the requirements of the Administrative Procedures and Texas Register Act, Texas Civil Statutes, Article 6252-13a (Vernon 1992) and the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361 (Vernon 1992) and the rules of the commission. sec.330.844. Evidence of Financial Responsibility. (a) The applicant for a Type VIII-P registration shall submit evidence of financial responsibility in an amount adequate to assure the executive director that there is sufficient assets to provide proper cleanup and closure of the facility. A firm commitment to provide back-up equipment by lease, purchase, or diversion from other activities is part of this responsibility. This assurance may be in the form of a performance bond, a letter of credit from a recognized financial institutions, a trust fund, or insurance in the case of privately- owned facilities, or by commissioners court or city council resolution in the case of publicly-owned facilities. (b) The financial assurance shall be submitted within 30 days prior to the issuance of a registration. It shall be good for one year from the date of issuance of registration. The financial assurance must be renewed annually and shall be submitted at least 60 days prior to the expiration date. (c) The applicant shall submit, with the application for a registration, an estimate of the total amount, by weight, of shredded tire pieces the waste tire facility will store or process and an estimated number of whole used or scrap tires that will be at the waste tire facility during processing. The applicant shall also estimate the cost of cleaning-up or closing the waste tire facility using the total amount of whole used and scrap tires and shredded tire pieces. The executive director will evaluate the estimate submitted and determine whether the amount of financial assurance calculated by the applicant is adequate to clean-up and properly close the waste tire facility. sec.330.845. Waste Tire Facility Record Keeping. (a) General Requirements. (1) The executive director approved waste tire facility layout plan, facility operating plan, and all supporting data to the application, is an operational requirement, and any significant deviation from any of the above without prior approval from the executive director is a violation of this subchapter. (2) A copy of the registration with all supporting data, including the approved waste tire facility layout plan, the approved waste tire facility operating plan, and the commission's current rules shall be on-site at all times. The facility supervisor shall be knowledgeable of current commission rules and the contents of the approved application in relation to the operational requirements of the specific waste tire facility. (3) All drawings or other sheets prepared for revisions to a waste tire facility layout plan or other previously approved documents, which may be required by this subchapter, shall be submitted in triplicate. (b) Daily log. Persons who process whole used or scrap tires subject to control under this subchapter shall maintain a record of each individual delivery, processing, and removal. Such record shall be in the form of a daily log or other similar documentation approved by the executive director. The daily log shall include at a minimum: (1) the name and commission registration number of the waste tire facility; (2) the physical address of the waste tire facility storage site; (3) the total number of whole used or scrap tires received at the waste tire facility from illegal tire sites and other generators, listed separately; (4) the total number of whole used or scrap tires shredded or processed, and the amount of by weight of shredded tire pieces; (5) the amount of shredded tire pieces removed from the waste tire facility for recycling, disposal, resale, reuse or energy recovery; (6) the specific location in the waste tire facility (i.e., tire pile number, bin number, building number, etc.) where whole used or scrap tires are received and where they are received from; (7) a description of specific events or occurrences at the waste tire facility relating to routine maintenance, fires, theft, spraying for vectors, or other similar events or occurrences; (8) other pertinent comments and remarks as needed; and (9) the name and signature of a facility representative acknowledging truth and accuracy of the daily log. (c) Transporter manifests. The waste tire facility operator shall retain a copy of all manifests received from a tire transporter, whether the manifest is for whole used or scrap tires delivered to the waste tire facility or removed from the facility. (d) Maintenance of records and reporting. The waste tire facility operator shall retain a copy of all records showing the collection, disposition, and processing of the whole used or scrap tires. Such copies shall be retained for a period of three years and made available to the executive director upon request. A waste tire facility operator shall submit to the executive director an annual summary of their activities through December 31 of each year showing the number of whole used or scrap tires delivered, disposition of the tires, and the number of whole used or scrap tires or shredded tire pieces removed from the facility. The annual report shall be submitted no later than March 1 of the year following the end of the reporting period. The report shall be prepared on a form provided by the executive director. (e) Local ordinances. Where local ordinances require controls and records substantially equivalent to or more stringent than the requirements of this subchapter, waste tire facility operators shall use such controls and records to satisfy commission requirements under this section upon review and approval by the executive director. sec.330.846. Delivery Requirement.
                                              The waste tire facility shall be required to deliver or have delivered, the shredded tire pieces that received reimbursement from the WTRF only at a commission permitted or registered waste tire storage facility. A facility that will eventually recycle, reuse, or recover energy from the shredded tire pieces may receive shredded tire pieces that were reimbursed from the WTRF. Any shredded tire piece not included in the reimbursement from the WTRF may be disposed of at a Type VIII-S or a Type VIII-L waste tire storage facility; however, the preferred destination for shredded tire pieces is a recycling, reuse, or energy recovery facility. sec.330.847. Eligibility for the Waste Tire Recycling Fund (WTRF) Program. Eligibility of the waste tire facility for inclusion in the WTRF Program shall be determined as follows. (1) Any person that operates a waste tire facility that has not received a registration from the executive director for the facility is not eligible for participation in the WTRF program. (2) The WTRF program targets the clean-up of illegal whole used or scrap tire sites and the shredding of whole used or scrap tires generated on a daily basis from retail or wholesale dealers. Any person that operates a waste tire facility and has received a registration number from the executive director to shred whole used or scrap tires to a particle size no larger than nine square inches is eligible for participation in the WTRF. sec.330.848. Penalties for Waste Tire Facilities. An owner or operator of a waste tire facility that violates the requirements of this subchapter shall be subject to suspension, revocation or denial of renewal of his/her registration pursuant to sec.330.843 of this title (relating to Waste Tire Facility Registration). The commission may also take any action against an owner or operator of a waste tire facility to secure compliance with the provisions of this subchapter, including the assessment of administrative penalties or civil penalties as prescribed by law. sec.330.851. Applicability and Responsibility. (a) Applicability. (1) The regulations contained in these sections establish standards applicable for the disposal of whole used or scrap tires. (2) For the purpose of these sections, the disposal of whole used or scrap tires pertains to the disposition of any whole used or scrap tire in a permitted municipal solid waste landfill, in a permitted tire monofill, in a waste tire facility designed for disposal of a tire, or for recycling, reuse or energy recovery. (b) Responsibility. (1) Landowners and/or operators of waste tire storage facilities containing whole used or scrap tires shall ensure that any whole used or scrap tires delivered at their facility for disposition are disposed of pursuant to sec.330.853 of this title (relating to Permit Requirements for Whole Used or Scrap Tire Disposal Facility). (2) Persons who dispose of whole used or scrap tires regulated by this subchapter shall do so only at a waste tire storage facility permitted by the commission or at a registered waste tire facility engaging in recycling, reuse or energy recovery. sec.330.852. Disposal of Whole Used or Scrap Tires. (a) Disposal procedures for whole used or scrap tires are as follows. (1) Whole used or scrap tires may not be disposed of in any permitted landfill or monofill except for incidental whole tires that are mixed in an enclosed packer unit and that cannot be removed without creating a health and safety hazard to the landfill worker. (2) Whole used or scrap tires shall be split, quartered, or shredded prior to disposal. Whole tires that are filled with concrete or some other hardened material may be disposed of whole. Whole tires may not be disposed of on wheel rims unless approved by the executive director. (3) Shredded tire pieces that are nine square inches or less may not be disposed of at any facility if the waste tire facility or mobile tire processor received reimbursement from the WTRF. (4) Elements of used or scrap tires that remain, after processing, are considered solid waste and not used or scrap tires. (b) Disposal of whole used or scrap tires will be allowed under the conditions identified in subsection (a) of this section, at any of the following sites: (1) a permitted municipal solid waste landfill; (2) a permitted tire disposal site or monofill; or (3) a permitted tire processing facility designed for incineration of a tire or for resource recovery. (c) The classification for the types of tire disposal sites/facilities listed in subsection (b) of this section shall be as follows: (1) permitted landfill-Type I, II, III, or IV, as provided in sec.330.42(1) , (2), (3), and (4) of this title (relating to Types of Municipal Solid Waste Sites); (2) permitted tire disposal site or monofill-Type VIII-D. A Type VIII-D site may be permitted by the commission for the disposal of whole used or scrap tires only. For the purposes of these sections, a waste tire disposal site shall be considered to be a monofill. A Type VIII-D site shall not be operated within 300 yards of a public road without proper screening. The minimum operational standards are prescribed in sec.sec.330.111-330.114, 330.123, and 330.131- 330.154 of this title (relating to Operational Standards for Solid Waste Land Disposal Sites); and (3) permitted tire incinerator-Type V, as provided in sec.330.42 (relating to Types of Municipal Solid Waste Sites). sec.330.853. Permit Requirements. (a) A permit application for a waste tire disposal site shall be submitted to the executive director prior to commencing operations. Permit application forms will be provided by the executive director upon request. (b) Persons who obtain a permit from the commission to operate a waste tire disposal site shall maintain a copy of the permit at their designated place of business and at the designated disposal site location. (c) Municipal solid waste landfills which have been granted a Type I, II, III, or IV permit shall be considered as an approved waste tire disposal facility. (d) A permit for a waste tire disposal site shall be issued in accordance with the procedures, criteria and requirements indicated Subchapter E of this chapter (relating to Permit Procedures and Design Criteria). Whole used and scrap tire monofills are exempted from the requirements in sec.330.73 of this title (relating to Technical Information Required for Landfills Serving Less than 5,000 Persons/Permit Application, Part B) and sec.330.74 of this title (relating to Technical Information Required for Landfill Sites Serving 5,000 or More-Site Development Plan) for providing soil liner and groundwater protection systems and for providing subsurface soil investigations and groundwater characterization studies. (e) All waste tire disposal facilities shall split, quarter, or shred all used or scrap tires within 60 days after receipt, provided that vector control by means of spraying or other appropriate methods are used at a frequency based upon the weather conditions and other local ordinances that may apply. An exception to this requirement may be granted by the executive director if specific circumstances would warrant such an exception. A written request for such an exception must be made and this request must include all reasons for the exception. Whole used or scrap tires deposited at a disposal or waste tire facility that are delivered in an enclosed compactor vehicle, are granted an exemption from being split, quartered or shredded, provided the whole used or scrap tire is not retrievable by any means other than scavenging. (f) Additional design and operational requirements for all tire monofills or any permitted solid waste landfill which utilizes a separate trench for tire disposal shall be as follows. (1) In pits or trenches larger than 10,000 square feet, a firewall of not less than 10 feet thick shall be constructed to divide the trench into cells of not more than 10,000 square feet. (2) The maximum depth of any trench shall be 50 feet. (3) Final cover thickness on all completed areas shall be at least five feet. A variance may be granted on the five feet of final cover only if the applicant/operator provides an engineering study on the design and operation of a tire monofill using intermediate cover and a minimum of two and one-half feet of final cover and the department approves this study. sec.330.854. Existing Waste Tire Disposal Sites. (a) An existing underground waste tire disposal facility may remain in operation pending completion of the processing of an application for a permit, providing the facility is otherwise in full compliance with all applicable sections of this subchapter. (b) A permit application for an existing waste tire disposal facility that intends to remain in operation shall be submitted to the executive director prior to June 1, 1992. (c) Existing waste tire disposal facilities that elect to close shall submit an application for a waste tire disposal facility registration number prior to June 1, 1992. These facilities shall be classified by the executive director as a Type VIII-ID disposal facility. The following documents (which shall require engineering certification) shall be submitted, upon request by the executive director, to document the intent to close the site: (1) a closure/completion plan for the site which shall portray the proposed final contours, establishing side slopes and top grades, and the proposed drainage features. Protective measures for any area subject to flooding by a 100-year frequency flood shall be described; (2) a closure schedule specifying the dates of the cessation of acceptance of whole used or scrap tires and of the completion of the closure of the site; and (3) a certified copy of an affidavit to the public for the site, prepared in accordance with sec.330.152(c) of this title (relating to Site Completion and Closure Procedures). (d) Existing waste tire disposal sites that elect to close will be subject to at least one inspection from the commission's district office to verify the proper closure of the site. The commission's Municipal Solid Waste Division will then acknowledge the termination of operations and closure of the site. (e) Post closure maintenance must be provided for all closed waste tire disposal sites in accordance with sec.330.153 of this title (relating to Post-Closure Maintenance). sec.330.855. Final Cover Requirements. (a) Final cover for all tire monofill sites whether in existence prior to the effective date of these sections or whether permitted to operate after the effective date of these sections shall be a minimum of five feet. A variance may be granted on the five feet of final cover only if the applicant/operator provides an engineering study on the design and operation of a tire monofill using intermediate cover and a minimum of 2 1/2 feet of final cover and the executive director's review and approval of this study. (b) The first 4-1/2 feet or more of cover (see subsection (d) of this section) shall be of clayey soil of classification SC or CL, as defined in the "Unified Soils Classification System" developed by the United States Army Corps of Engineers, compacted in layers of no more than six compacted inches to help minimize the water infiltration potential. A classification CH soil may be used; however, this soil may experience excessive cracking and must therefore be covered by at least 12 inches of topsoil to help in retaining moisture. Other types of soil may be used with prior approval. (c) The final six inches of cover shall be of suitable topsoil which will sustain the growth of vegetation, and shall be seeded or sodded during the first growing season following application of final cover to help minimize erosion. (d) Side slopes of all above ground disposal areas (aerial fills) shall not exceed a 25% grade (four feet horizontal to one foot vertical). The final cover for the top portion of a landfill shall have a minimum gradient of 2.0% and shall not exceed 6.0%, but shall possess a sufficient minimum grade to preclude ponding of surface water when total fill height and expected subsidence are taken into consideration. Side slopes in excess of 25% will not be authorized without controlled drainage such as flumes, diversion terraces, spillways, or other acceptable methods. Disposal of whole used or scrap tires above natural ground level is prohibited unless pursuant to an engineering site development plan approved by the executive director. Requests for changes to previously approved engineering site development plans or new engineering site development plans submitted in support of requests for aerial fills will be processed in accordance with sec.330.111 of this title (relating to General Requirements). sec.330.856. Eligibility for the Waste Tire Recycling Fund (WTRF). (a) Any tire monofill site declared eligible for the WTRF program shall operate in accordance with any additional requirements in sec.330.866 of this title (relating to Post Clean-Up Responsibilities). (b) Eligibility of the site for inclusion in the WTRF program shall be determined as follows: (1) The WTRF program targets cleanup of illegal waste tire sites and shredding of whole used or scrap tires generated on a daily basis from a retail or wholesale dealer. Tire monofills that have received a commission permit and have been classified are eligible for participation in the WTRF under the appropriate category. (2) Type VIII-ID monofills that have disposed of whole used or scrap tires are eligible for participation under the whole used or scrap tires generated daily portion of the WTRF. sec.330.857. Penalties for Waste Tire Disposal Facilities.
                                                An owner or operator of a waste tire disposal facility that violates the requirements of this subchapter shall be subject to any action authorized by law to secure compliance, including the assessment of administrative penalties or civil penalties as prescribed by law. sec.330.861. Priority Enforcement List. (a) Applicability. The regulations contained in these sections establish standards applicable to the creation and maintenance of the Priority Enforcement List (PEL) and the identification of a Potentially Responsible Party (PRP). (b) Responsibility. Each person that operates a waste tire facility or a mobile tire processor and who participates in the WTRF shall be responsible for operating in compliance with all provisions of this subchapter. sec.330.862. Potentially Responsible Party. (a) An illegal waste tire site that is eligible for the PEL can be cleaned-up by a waste tire facility or a mobile tire processor and be eligible for reimbursement from the WTRF provided that a PRP for the site cannot be identified. (b) For purposes of the WTRF and this subchapter, a PRP can be the property owner, the site operator, and/or the person who deposited the whole used or scrap tires on the site that has the financial ability to clean-up the illegal waste tire site. The actual determination of the PRP will be made by the executive director based on facts obtained during the investigation and evaluation of the site for classification. This classification will be based upon the financial ability of the landowner/operator and/or person who deposited the tires to clean-up the site, the market value of the property in relationship to the cost of clean-up, and the circumstances as to how and why the whole used or scrap tires were originally deposited on the site. (c) If the executive director determines that a PRP exists for an illegal waste tire site then the executive director will send a Notice of Violation (NOV) letter by certified mail, to the last known address of the PRP or landowner, informing that individual that the executive director has identified him/her as a PRP. The NOV shall inform the PRP that he /she shall, within 20 days, contact a waste tire facility or mobile tire processor to begin clean-up of the illegal waste tire site at 85 cents per 18.7 pounds of whole used or scrap tires. If the PRP is financially unable to fund the clean-up of the illegal waste tire site, then the PRP shall notify the commission of his/her financial inability and submit a current financial statement detailing the PRP's financial status. Based on the executive director's review of the PRP's financial statement, the executive director will determine whether or not the WTRF will fund all or a percentage of the clean-up of the illegal waste tire site through an Agreed Order approved by the commission. If the executive director's review of the PRP's financial statement indicates the PRP is capable of funding the entire clean-up then the PRP will be issued a commission order requiring clean-up of the illegal waste tire site at 85 cents per 18.7 pounds of whole used or scrap tires. (d) If the executive director determines that a PRP exists for an illegal waste tire site and has exhausted all possible means to force the PRP to comply with these regulations and the laws of the state, then the executive director shall notify the PRP or the landowner, by certified mail, at the last known address of the PRP or the landowner, of the intent of a waste tire facility or mobile tire processor to enter the property and for the property owner to make arrangements with a waste tire facility or mobile tire processor to transport the whole used or scrap tires off-site for shredding, or to shred the tires on-site and then transport the shredded tire pieces off-site. The executive director shall seek reimbursement from the PRP for the costs incurred in the clean-up and closure of the illegal waste tire site plus court costs and attorney's fees through civil lawsuit. (e) The PRP shall be obligated to comply with the provisions of this subchapter that are applicable to the illegal waste tire site for which he/she is responsible. Failure of the PRP to comply with the applicable rules in this subchapter shall constitute a violation and shall subject the PRP to enforcement action and possible administrative penalties, or civil penalties as prescribed by state law. (f) The PRP may elect to allow the executive director to use the WTRF to clean up the illegal waste tire site provided the following conditions are met: (1) the PRP signs a release granting the executive director full authority to place the site on the PEL; (2) the PRP signs an agreement to reimburse the WTRF the costs incurred by the executive director for clean-up of the illegal waste tire site; (3) the PRP agrees to clean-up the illegal waste tire site of any other municipal solid waste (i.e., waste other than whole used or scrap tires) that may have been improperly disposed of on the property. sec.330.863. Priority Enforcement List (PEL). (a) The PEL shall be a list maintained by the executive director containing illegal waste tire sites identified and classified by the executive director. This list shall be used by the executive director for the assignment of sites to waste tire facilities or mobile tire processors. The whole used or scrap tires obtained from the PEL sites are subject to WTRF reimbursement and satisfy the requirements of sec.330.872(e)(3) of this title (relating to Waste Tire Recycling Fund Program). (b) The PEL shall be published at least quarterly by the executive director. The PEL will be published in the Texas Register in accordance with the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a (Vernon 1992). A copy of the list can also be obtained from the Commission's Municipal Solid Waste Division. (c) The PEL shall contain a threshold limit which will be used to determine the number of priority sites available for assignment by the executive director to processors. The threshold limit will be set by the executive director prior to the publication of the PEL based on the following: (1) the locations of the sites ranked on the PEL; (2) the availability of funds for reimbursement from the WTRF; (3) the illegal waste tire sites previously assigned by the executive director and being cleaned up; and (4) the need to clean-up sites that have a the greatest potential for adverse impact on public health and the environment. (d) Any illegal waste tire site that exceeds the threshold limit on one PEL, but falls below the threshold limit in a subsequent PEL for which cleanup has been initiated shall remain eligible for reimbursement from the WTRF. (e) The PEL may be subdivided on a regional basis if the number of processors and the number of illegal waste tire sites warrant such a division. sec.330.864. Ranking of Illegal Waste Tire Sites. (a) Once an illegal waste tire site has been identified by the executive director, the executive director shall investigate the illegal waste tire site to rank it on a scale of one to 10, with one being lowest for each of the following conditions: (1) the illegal waste tire site location, to determine the potential hazard to human health and the environment based on location of the site, and site proximity to residences, businesses, or agricultural land; (2) the area climate, to determine climatic conditions of the area will promote the development of potential health and environmental problems at the site; (3) the approximate number and condition of the whole used or scrap tires on the site, to determine the severity of the tire problem; and (4) the property owner/operator, to determine who can be identified as the PRP for the site and determine how the site came into existence. (b) Illegal waste tire sites that are eligible for the PEL will be ranked in accordance with the numerical ranking system described in subsection (a) of this section. The numerical ranking for the location of the illegal waste tire site, climate of the area, identification of a PRP and severity of the waste tire problem at the site will be added together to obtain the overall numerical ranking. (c) The overall numerical ranking of an illegal waste tire site may change over a period of time if any of the individual factors enumerated in subsection (a) of this section is used to determine the overall rating change. A change could be an increase or a decrease in the overall numerical rating. sec.330.865. Assignment of PEL Sites. (a) After an illegal waste tire site has been placed on the PEL, the executive director shall assign to a waste tire facility or mobile tire processor, a group of sites contained in the PEL. Any waste tire facility or mobile tire processor registered by the executive director to participate in the WTRF shall receive reimbursement from the WTRF if the following requirements are met: (1) The waste tire facility or mobile tire processor shall prepare a clean-up plan and time schedule for conducting the clean-up and removal of all whole used or scrap tires from the site; (2) The waste tire facility or mobile tire processor shall submit the clean-up plan and time schedule to the executive director for approval and to the property owner for review. (3) A waste tire facility or mobile tire processor of whole used or scrap tires or shredded tire pieces shall agree in writing to indemnify and hold harmless the commission and all of its employees and officers against any and all liability, loss, or damage arising out of or incident to any work performed pursuant to this subchapter. (4) The property owner shall agree in writing to the clean-up plan and time schedule and shall further agree to hold the commission harmless of any damages caused by the waste tire facility or mobile tire processor or the crews employed by either the waste tire facility or mobile tire processor. (5) The mobile tire processor and waste tire facility shall agree in writing to remove all whole used or scrap tires or shredded tire pieces from the site and to comply with all requirements contained in sec.sec.330.801-330.891 of this title (relating to Management of Used and Scrap Tires). (6) The property owner shall sign an access agreement prepared by the executive director granting the executive director full authority to authorize the mobile tire processor or waste tire facility personnel to enter the site to initiate and complete the clean-up activities. (7) The mobile tire processor or waste tire facility shall complete the clean-up of the assigned illegal waste tire site prior to the mobile tire processor or waste tire facility being eligible to participate in the clean-up of subsequent PEL sites that may be assigned by the executive director. (b) If the executive director determines that an illegal waste tire site on the PEL contains more whole used or scrap tires than any single mobile tire processor or waste tire facility is likely to be able to collect and shred within a reasonable period of time, or if the proposed schedule received from mobile tire processor or waste tire facility indicates significantly longer time frames for total clean-up of that illegal waste tire site than is acceptable to the executive director, the executive director may decide to assign more than one mobile tire processor or waste tire facility to collect and process the whole used or scrap tires from the site. (c) Processors that elect to participate in the WTRF program will be allowed to clean-up PEL sites after April 1, 1992, provided all of the following criteria has been submitted to and approved by the executive director: (1) the clean-up plan and time schedule required by s330.877 of this title (relating to Approval to Collect and Process Tires from PEL Sites) has been approved by the executive director; (2) the property owner has reviewed the clean-up plan and time schedule and has signed the required access agreement allowing access to the PEL site; (3) the mobile tire processor or waste tire facility has signed the illegal tire site clean-up agreement with the executive director; (4) the executive director has approved the initiation of the clean-up activities to be undertaken by the mobile tire processor or waste tire facility; (5) sufficient funds are available in the WTRF to enable reimbursement to the mobile tire processor or waste tire facility; and (6) the mobile tire processor or waste tire facility is in compliance with the applicable requirements of this subchapter and on schedule any other PEL site clean-up plans and time schedules. sec.330.866. Post PEL Clean-Up Responsibilities. (a) In instances where either the inspection by executive director's personnel or representatives of the executive director or actual removal of whole used or scrap tires from a PEL site indicates the existence of other solid waste that was improperly disposed of at the site, the property owner shall be responsible for the proper clean-up and disposal of such waste, and the proper closure of the site. (b) Where the existence of other solid waste, referred to subsection (a) of this section, significantly interferes with the removal of whole used or scrap tires being collected by a mobile tire processor or waste tire facility in accordance with sec.sec.330.871-330.881 of this title (relating to Waste Tire Recycling Fund Program), the property owner shall immediately take steps, in cooperation with the executive director, to assist the mobile tire processor or waste tire facility in the safe removal of whole used or scrap tires from the PEL site. (c) Once a PEL site has been cleaned up under the requirements of the WTRF program as described in sec.sec.330.871-330.878 of this title (relating to Waste Tire Recycling Fund Program) property owners shall not be eligible for future clean-up assistance as a result of further tire disposition on the owner's property. sec.330.867. Authority of Commission Personnel. (a) Commission personnel shall be assigned to each PEL site during the period of time that the selected mobile tire processor or waste tire facility has the executive director's approval to carry out clean-up activities at the PEL site. The assigned mobile tire processor or waste tire facility shall report on the status of the clean-up activities at the PEL site to the designated commission personnel in the timeframe and manner requested by such personnel. (b) Commission personnel shall have the authority to determine whether conditions and/or activities at the PEL site or other circumstances warrant that clean-up activities be temporarily suspended. sec.330.871. Waste Tire Recycling Fund (WTRF) Program. (a) Applicability. The regulations contained in these sections establish standards and procedures for the operation of the WTRF program. (b) Responsibility. (1) Each person that operates as a mobile tire processor or waste tire facility and that is eligible to participate in the WTRF program shall be responsible for operating in compliance with the provisions of this subchapter. (2) Each person that owns or operates an illegal waste tire site or is a generator of whole used and scrap tires shall be responsible for complying with the provisions of this subchapter. sec.330.872. Waste Tire Recycling Fund (WTRF) Program. (a) Purpose. The purpose of the WTRF is to provide a means for the recycling of all whole used or scrap tires within the boundaries of the State of Texas so that the material contained in the tires can be effectively reused, recycled, or used in energy recovery facilities. The methods for recycling whole used or scrap tires are as follows: (1) through resale of whole tires; (2) retreading of whole tires; (3) use of the tires or portions of the tires in the manufacture of parts or products; (4) beneficial use of whole tires; or (5) by shredding whole tires into pieces nine square inches or less in size. (b) Objectives. The objectives of the WTRF Program are to clean-up illegal waste tire sites that contain whole used or scrap tires, collect whole used or scrap tires that are generated on a daily basis prior to being deposited at an illegal waste tire site and to provide a mechanism to recycle, reuse or recover the energy from whole used or scrap tires. (c) Whole used or scrap tire category. The whole used or scrap tires that have been determined by the executive director to be eligible for reimbursement within the WTRF program are categorized as follows: (1) whole used or scrap tires from illegal waste tire sites and certain legal waste tire storage sites listed on the PEL; (2) whole used or scrap tires from a generator that accumulated the whole used or scrap tires on a daily basis; (3) whole used or scrap tires from sources other than those indicated in paragraphs (1) and (2) of this subsection as approved by the executive director. (d) A $2.00 tire fee shall be collected on all new tires sold in Texas. This fee shall be deposited into the WTRF. The monies in the WTRF shall be used to reimburse the mobile tire processor and the waste tire facility that comply with the requirements of this subchapter for the shredding of whole used or scrap tires. (e) Operation of the WTRF Program. The WTRF Program shall be operated in the following manner. (1) A mobile tire processor or waste tire facility that wishes to participate in the WTRF Program shall be in compliance with the requirements of this subchapter prior to a determination by the executive director of eligibility for reimbursement from the WTRF. (2) A mobile tire processor or waste tire facility that intends to shred whole used or scrap tires shall shred the tires into a particle size no greater than nine square inches. (3) A mobile tire processor or waste tire facility shall shred at least 25% of the gross monthly weight of shredded tire pieces from PEL sites. (4) A mobile tire processor or waste tire facility shall shred at least 25% of the gross monthly weight of shredded tire pieces from generator sites (i. e. retail or wholesale dealers of whole used or scrap tires). (5) A mobile tire processor or waste tire facility shall shred no greater than 50% of the gross monthly weight of shredded tire pieces from waste tire sites that have received executive director approval of WTRF eligibility under subsection (c)(3) of this section. (6) Any remaining percentage of the gross monthly weight of shredded tire pieces can be obtained from the categories in paragraphs (3)-(5) of this subsection. (7) The mobile tire processor or waste tire facility shall submit his/her reimbursement request on a payment voucher to the executive director on a monthly basis. The payment voucher form shall be supplied by the executive director. (8) The mobile tire processor or waste tire facility shall maintain and retain all reimbursement records for a period of three years and shall make such records available to the executive director on request. sec.330.873. Announcement of Intent to Participate. (a) A mobile tire processor or waste tire facility that is registered with the executive director and that intends to receive reimbursement from the WTRF for shredding whole used or scrap tires so as to facilitate the future extraction of useful materials for recycling, reuse, or energy recovery, shall receive, on a quarterly basis, a copy of the updated PEL from the executive director. (b) Waste tire facilities or mobile tire processors shall within five days of receipt of the updated PEL notify the executive director in writing of their intent to be assigned new PEL sites, and include in priority order, the sites requested to be assigned to them. (c) Within 10 days of the executive director's receipt of a mobile tire processor's or waste tire facility's notice of intent to participate, the executive director shall begin a job performance evaluation to determine whether the clean-up on previously assigned PEL sites was performed to the executive director's satisfaction. After the executive director determines satisfactory work performance, the waste tire facility or mobile tire processor shall be notified of their assignment of an additional site or group of PEL sites for clean-up. Also included with the site assignment notification shall be a copy of the site clean-up agreement to the mobile tire processor or waste tire facility owner for signature and return to the executive director. (d) Following the executive director's receipt of the signed site clean-up agreement and receipt of the other items required in sec.330.877 of this title (relating to Approval to Collect and Process Tires from the PEL Sites), and after the executive director's inspection of the PEL site with the waste tire facility or mobile tire processor to determine the approximate number of whole used or scrap tires at the site, and the approximate time it will take to clean- up the site, clean-up of the newly assigned PEL site(s) can begin. sec.330.874. Site Clean-Up Agreement. (a) Waste tires facilities or mobile tire processors that are registered with the executive director and that intends to receive reimbursement from the WTRF for shredding whole used or scrap tires shall enter into a Site Clean-Up Agreement (agreement) as a guarantee of job performance. (b) The agreement shall require, at a minimum: (1) that the waste tire facility or mobile tire processor shall clean-up all PEL sites assigned and listed in the agreement; (2) that the term "clean-up of the site" shall constitute satisfactory completion of those requirements stated in sec.330.877 of this title (relating to Approval to Collect and Process Tires from PEL Sites); (3) that the processor shall obtain a contract or agreement with the property owner that states the conditions by which the waste tire facility or mobile tire processor will be granted access to the PEL site; (4) that the waste tire facility or mobile tire processor shall meet with the commission's district office prior to initiation of site clean-up and shall agree upon a clean-up schedule as required by sec.330.877 of this title (relating to Approval to Collect and process tires from PEL Sites). (5) that failure to clean-up the PEL site as required by the agreement shall prohibit the waste tire facility's or mobile tire processor's eligibility for reimbursement from the WTRF until such time as the clean-up of the PEL site is completed to the satisfaction of the executive director; (6) that the waste tire facility or mobile processor upon completion of the PEL site clean-up shall contact the designated commission district office to confirm that clean-up of the PEL site has been completed; (7) upon receipt of confirmation of satisfactory clean-up from the commission's district office and announcement of intent to participate by the waste tire facility or mobile tire processor, the executive director may assign additional PEL sites to the waste tire facility or mobile tire processor pursuant to sec.330.873 of this title (relating to Announcement of Intent to Participate). (c) Should the waste tire facility's or mobile tire processor's registration to shred whole used or scrap tires be suspended or revoked by the commission pursuant to sec.330.822(f) of this title (relating to Mobile Processor Registration) and s330.843(g) of this title (relating to Waste Tire Facility Registration) respectively, then the PEL sites remaining in the Site Clean-Up Agreement shall be reassigned. sec.330.875. Public Notice of Intent to Operate. (a) Waste tire facilities that are registered with the executive director and intend to shred whole used or scrap tires to receive reimbursement from the WTRF shall publish such intent in a local area newspaper where they intend to shred whole used or scrap tires prior to commencement of shredding activity. (b) Mobile tire processors that are registered with the executive director and intend to shred whole used or scrap tires to receive reimbursement from the WTRF shall publish such intent in the Texas Register
                                                  prior to commencement of shredding activity. (c) The notice of intent published by the waste tire facility and mobile tire processor shall contain at a minimum the following information: (1) the waste tire facility or mobile tire processor registration number; (2) the name under which the waste tire facility or mobile tire processor registration number was issued; (3) the permanent street address of the waste tire facility; (4) a statement indicating the area in Texas that the mobile tire processor will generally operate; (5) a brief statement explaining the whole used or scrap tire shredding process and specifically what activities the waste tire facility or mobile tire processor intends to perform at the location; and (6) where the shredded tires will be stored, if different from the processing site. (d) The public notice of intent to operate shall identify the Texas Water Commission as the state agency administering the WTRF program and shall also contain the Austin, Texas address of the commission and the main telephone number of the Municipal Solid Waste Division where questions concerning the WTRF Program can be directed. (e) Prior to publication in a local area newspaper or the Texas Register
                                                    , as applicable, the public notice of intent shall be reviewed by the executive director for approval. (f) The public notice of intent shall be published in the local area newspaper or the Texas Register
                                                      at least five days prior to commencing shredding activities. The public notice of intent shall be published for a period of 14 days continuously. sec.330.876. Other Permits or Registrations Required. (a) Mobile tire processors or waste tire facilities that intend to participate in the WTRF program described in this subchapter and that intend to ship whole used or scrap tires from any PEL site, for temporary storage prior to shredding, or for immediate shredding, shall have a registered waste tire storage site at which whole used or scrap tires shall be held for no longer than 60 days, or the number of days allowed by the named facility's registration (whichever is greater), prior to their being shredded. (b) Mobile tire processors or waste tire facilities that intend to participate in the tire recycling program described in this subchapter and have not made arrangements for the immediate shipment of all shredded tire pieces, for which reimbursement under the WTRF is to be sought, directly to a recycler, reuser or energy recovery facility shall either: (1) also be the owner/operator of a commission permitted or registered waste tire storage site at which any shredded tires for which reimbursement is to be sought, shall be temporarily stored under the direct supervision of the person requesting reimbursement; or (2) made arrangements with other registered or permitted waste tire storage site owners or operators for the temporary storage of shredded tire pieces. sec.330.877. Approval to Collect and Process Tires from PEL Sites. (a) Prior to collecting and/or shredding whole used or scrap tires from any PEL site, a mobile tire processor or waste tire facility shall provide a clean-up plan and a time schedule for completing the clean-up of all whole used and scrap tires from the PEL site. Clean-up activities shall commence only after the submitted plan and schedule have been approved by the executive director and the provisions of sec.330.865 of this title (relating to Assignment of Priority Enforcement List Sites) have been met. (b) The clean-up plan and time schedule shall include the following: (1) the estimated number of whole used or scrap tires collected and/or shredding capacity, in either tires or pounds of shredded rubber per day, that the waste tire facility or mobile tire processor can perform at the site; (2) the approximate number of days required to complete the site clean-up, however, if more whole used or scrap tires are located on the PEL site than the original number of tires used to calculate the overall project length, a correction factor may be applied, provided verification is received from the commission's district office; and (3) the date, or range of dates that work on the site shall commence. (c) If the executive director finds that any of the schedule related information described in subsection (b)(1)-(3) of this section to be unacceptable, an amended clean-up plan or time schedule shall be negotiated between the commission's district office and the waste tire facility or mobile tire processor. (d) The PEL site clean-up plan submitted by a mobile tire processor or waste tire facility shall, at a minimum, include the following: (1) the waste tire facility and mobile tire processor registration number; (2) the name under which the waste tire facility or mobile tire processor registration number was issued; (3) whether the waste tire facility or mobile tire processor intends to shred all the whole used or scrap tires on the PEL site on-site, haul all such tires to a registered waste tire facility, or conduct the clean-up using both methods; (4) the total number of whole used or scrap tires by weight from other PEL sites that, as of the date the site clean-up plan was filed, have been collected and/or shredded; (5) the total number of whole used or scrap tires by weight from in-state sources other than PEL sites that, as of the date the site clean-up plan was filed, have been collected and/or shredded; (6) the method of recycling, reuse or energy recovery planned for the whole used or scrap tires which are proposed to be collected and shredded by the waste tire facility or mobile tire processor; (7) the registration number(s) of all waste tire transporters who are expected to haul either whole used or scrap tires or shredded tire pieces from the PEL site; and (8) the identification of any temporary waste tire storage sites, proposed to be utilized for either whole used or scrap tires or shredded tire pieces. (e) The executive director may require that only waste tire facilities or mobile tire processors that are willing to transport all whole used or scrap tires off the PEL site for shredding at a registered waste tire facility shall be allowed to collect and shred tires from that PEL site. (f) The executive director may require that collection and shredding at a PEL site be conducted only between certain hours of the day and on certain days of the week. sec.330.878. Shipping, Record Keeping, and Reporting Requirements. (a) Shipments. (1) All shipments of whole used or scrap tires to a waste tire facility or to a mobile tire processor temporarily located for shredding, shall be manifested on forms approved by the executive director and shall contain the information described in sec.330.807 of this title (relating to Generator Recording Keeping). (2) All whole used or scrap tires that receive reimbursement from the WTRF on or after April 1, 1992, shall be manifested from the point of generation to the waste tire facility or mobile tire processor. In the case of mobile tire processors operating at a PEL site, the whole used or scrap tires must be collected and shredded and a daily log shall be maintained to account for these collected tires. (b) Record keeping. (1) All waste tire facilities and mobile tire processors shall maintain complete records tracking the number of whole used or scrap tires collected, the source of the tires, the number of whole used or scrap tires shredded, and the weight of shredded tire pieces in pounds and/or tons. (2) Copies of all manifests, daily logs, or other records shall be made available to the executive director on request. (c) Applicability of other sections in this subchapter. Except as provided in sec.330.878(a)-(e) of this title (relating to Shipping, Record Keeping, and Reporting Requirements), all procedures set forth in sec.330.825 of this title (relating to Mobile Processor Record Keeping), sec.330.813 of this title (relating to Delivery Requirement), sec.330.815 of this title (relating to Transporter Record Keeping), and sec.330.817 of this title (relating to Transporter Fees) shall apply to this section. (d) Weighing of shredded tire pieces. All tires shredded by a waste tire facility or mobile tire processor shall be weighed and the total amount of shredded tire pieces recorded, by date. (e) Requests for reimbursement. Not later than the 20th day of the month, waste tire facilities or mobile tire processors that have shredded whole used or scrap tires during the preceding month, shall have contacted the district office requesting an inspection of the waste tire facility or mobile tire processor records and an approval of the requested payment voucher. Upon district office approval, the voucher will be signed and submitted by the waste tire facility operator or mobile tire processor to the commission's district office for mailing to the central office for reimbursement. The payment voucher shall be submitted on a form to be provided by the executive director. The following information shall be included in the payment voucher form. (1) For all waste tire facilities or mobile tire processors, the total pounds of whole used or scrap tires shredded during the previous calendar month shall be reported in the following manner: (A) the total pounds of tires shredded from a PEL site during the calendar month; and (B) the total pounds of tires shredded from a generator (i.e)-retail or wholesale dealers) during the calendar month; and (C) the total pounds of tires shredded during the calendar month at in-state locations other than PEL sites and generator sites that have received executive director approval indicating that the tires qualify for reimbursement under the WTRF. (2) Mobile tire processors that shred whole used or scrap tires at locations other than at a registered waste tire facility which also serves as that mobile tire processor's permanent address; the waste tire facility shall report in addition to the requirements in subsection (e)(1) of this section, the following information: (A) the total pounds of tires shredded at the PEL site during the same calendar month; and (B) the total pounds of tires shredded during the same calendar month at in- state locations other than PEL sites. sec.330.879. WTRF Reimbursement Policies and Procedures. (a) WTRF reimbursements provided by the State of Texas under this subchapter shall only be made for the shredding of whole used or scrap tires and shall be in accordance with the reimbursement rate required by law. (b) To be eligible to receive reimbursement for the shredding of whole used or scrap tires, waste tire facilities, or mobile tire processors shall at their own expense provide: (1) all payments to registered waste tire transporters covering the expenses associated with the shipment of whole, split, or quartered tires from a Texas wholesale or retail tire dealer to any registered waste tire facility or mobile tire processor; (2) all payments to registered waste tire transporters covering the expenses associated with the shipment of any tire, whether whole, split, quartered, or shredded, from any PEL site to any other location approved by the executive director; (3) all payments to laborers, equipment operators, or other employees whose services may be needed, in order to comply with the PEL site clean-up requirements described in sec.330.877 of this title (relating to Approval to Collect and Process Tires From PEL); and (4) all payments associated with the acquisition, maintenance, and/or operation of any equipment or machinery needed to comply with the PEL site clean-up requirements described in sec.330.877 of this title (relating to Approval to Collect and Process Tires From PEL Sites). (c) Shredded tire pieces for which reimbursement under this subchapter is sought must meet the minimum size requirement of less than nine square inches for whole used or scrap tires that have been collected and shredded by a waste tire facility or mobile tire processor on or after April 1, 1992. Tires accumulated at waste tire storage facilities that are not PEL sites prior to April 1, 1992, are not eligible for reimbursement from the WTRF. sec.330.880. Payments to Waste Tire facilities or Mobile Tire Processors. (a) The executive director each month shall pay a waste tire processor that shreds scrap tires and meets the requirements of this section and rules adopted under this section an amount equal to .85 cents for each 18.7 pounds of whole used or scrap tires shredded by the processor during the preceding calendar month. (b) A waste tire facility or mobile tire processor that desires to receive payment under this section for tires shredded by the processor during a calendar month must: (1) apply to the executive director in accordance with forms prescribed by the executive director; (2) demonstrate that: (A) all tires for which payment is sought have been shredded to a particle size not larger than nine square inches; and (B) not less than 25% of those tires were collected from illegal tire sites listed on the executive director's PEL pursuant to sec.330.863 of this title (relating to Priority Enforcement List); (C) not less than 25% of those tires were collected from generators of whole used or scrap tires; and (3) provide any other information that the executive director determines is needed to accomplish the purposes of this subchapter. (c) A waste tire facility or mobile tire processor that in any month exceeds the 25% minimum requirement of subsection (b)(2)(B) or (C) of this section shall receive a credit for the amount in excess of 25% that may be used to meet the minimum requirement during a later month. sec.330.891. Special Conditions for Beneficial Use of Whole Used or Scrap Tires. (a) Beneficial uses of whole used or scrap tires for erosion control, reefs in coastal waters, decorations, containment walls for composting or commercial operations, traffic control, or bumpers for boat dock and boats shall not require a registration number or commission permit. (b) At no time shall whole used or scrap tires utilized for beneficial use be allowed to migrate from the beneficial use location due to surface water run- off, stream or river flow, or other such occurrence. (c) Whole used or scrap tires utilized for beneficial use shall be staked or tied down to a permanent natural or man-made object. The tires shall be chained or tied together provided at least two of the tires are permanently anchored. A containment barrier such as fencing or other suitable product can also be used to prevent tire migration. A one inch diameter hole shall be drilled into each tire at lowest point to provide drainage and prevent breeding of vectors. (d) All beneficially used whole used or scrap tires shall be inspected on a regular basis to assure compliance with s330.831(b) of this title (relating to Storage of Whole Used or Scrap Tires or Shredded Tire Pieces) (e) Erosion control does not include the stockpiling of whole used or scrap tires in a ravine, ditch, or eroded area. All tires in excess of those actually required for the erosion control project shall be removed from the site. (f) Beneficial use of shredded tire pieces is not regulated by this subchapter except for shredded tire pieces that were generated from a processing activity that received reimbursement from the WTRF shall not be used for beneficial use at a permitted municipal or industrial solid waste landfill except as approved by the Texas Water Commission. Issued in Austin, Texas, on April 22, 1992. TRD-9205584 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: April 22, 1992 Expiration date: August 20, 1992 For further information, please call: (512) 463-8069