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NEW YORK CODES, RULES AND REGULATIONS
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER IV. QUALITY SERVICES
SUBCHAPTER B. SOLID WASTES
PART 360. SOLID WASTE MANAGEMENT FACILITIES
SUBPART 360-13. WASTE TIRE STORAGE FACILITIES
Date:
08/31/2009
Document:
ยง 360-13.3 Operational requirements
In addition to the requirements of section 360-1.14 of this Part, all waste tire storage facilities subject to the permitting requirements of this Part must comply with the following operational requirements:
(a) Operation and maintenance manual. All activities at the facility must be performed in accordance with plans required by this Part and approved by the department. All plans required by this Part must be incorporated into a final operations and maintenance (O&M) manual, a copy of which must be maintained and be available for reference and inspection at the facility. This manual must be updated no less frequently than at each time an application to renew a permit is submitted. Operation of the facility may not begin unless a draft O&M manual is first approved in writing by the department. As a condition of the permit to construct and operate, a final O&M manual must be submitted to and be approved by the department within six months from the date facility operation begins.
(b) Sorting of waste tires. (1) Rims must be removed from the waste tires within one week of receipt at the facility. Any solid waste resulting from the facility operation must be stored in accordance with the storage plan required in subdivision 360-13.2(i) of this Subpart until removed from the facility.
(2) Waste tires received must be evaluated for suitability for retreading. Usable waste tires must be transported to retreading facilities where feasible, unless the waste tires are committed to another market as substantiated by signed contractual agreements. The waste tires must be transported at planned intervals as provided in the facility operation and maintenance manual.
(3) Waste tires received must be sorted by tire types if the materials are to be used as a chemical feedstock.
(4) Waste tires received must be appropriately sorted within five working days of receipt.
(c) Fire prevention and control. In addition to the contingency plan requirements set forth in paragraph 360-1.9(h)(1) of this Part:
(1) approach roads to the facility and access roads within the facility must be constructed for all weather conditions and maintained in passable condition at all times to allow for access by fire-fighting and emergency response equipment;
(2) the facility must be maintained free from weeds, trees and vegetation which may restrict access to or operations of the facility;
(3) the facility must be constructed to prevent the uncontrolled collection and pooling of water on the facility;
(4) waste tire facilities having a planned or actual capacity of 2,500 or more waste tires must have, at a minimum, an active hydrant or viable fire pond on the facility and fully charged large capacity carbon dioxide or dry chemical fire extinguishers located in strategically placed enclosures throughout the entire facility in quantities as deemed necessary in the contingency plan or other fire protection and prevention equipment as approved by the local fire marshal;
(5) waste tire piles must be accessible on all sides to fire fighting and emergency response equipment; and
(6) potential ignition sources must be eliminated and combustibles must be removed as they accumulate. Smoking, welding, storage of flammable liquids, and open fires are prohibited in the storage area.
(d) Access. (1) The facility owner or operator must restrict the presence and minimize the possibility of any unauthorized entry onto the facility. Any person entering the facility during regular business hours must be directed to report to the facility office by appropriate signs located at the facility entrances and other locations in sufficient number to be seen from any approach to the facility.
(2) Facilities having a planned or actual capacity of 2,500 or more waste tires must be enclosed by a woven wire, chain-link or other acceptable fence material, at least six feet in height. Access must be controlled by locking gates. Keys for the locking gates shall be provided to local fire and police officials for emergency fire response unless otherwise approved by the department.
(3) Security and access control may include other appropriate measures in lieu of paragraph (2) of this subdivision if otherwise approved in writing by the department.
(e) Reporting and recordkeeping. In addition to the requirements of subdivisions 360-1.4(c) and 360-1.14(i) of this Part, the facility owner or operator must:
(1) Maintain daily records for facility monitoring. This monitoring information must include a daily log specifying the date, printed name and signature of the individual recording the information, the quantity and origin of waste tires received and processed and the quantity and destination of waste tires removed from the facility. These records must account for all materials handled at the facility and specify the name and permit number, if required, of the waste tire haulers, removing and delivering waste tires to the facility.
(2) Prepare and file duplicate original quarterly operation reports with the department's central office and the office of the department administrating the region within which the facility is located, on a form prescribed by or acceptable to the department, within 15 days after the end of each quarter. The report must:
(i) include the total quantity of waste tires at the facility and the quantity added or removed since the previous report;
(ii) identify any environmental problems, fires or significant changes or progress toward the ultimate disposal of or use of waste tires received or located at the facility;
(iii) identify the types and quantities of pesticides used during the reporting period; and
(iv) include a monthly summary of the daily records required under paragraph (1) of this subdivision.
(3) Prepare and file an annual report with the department's central office and the office of the department administrating the region within which the facility is located, on a form prescribed by or acceptable to the department, no later than 60 days after the first day of January following each year or portion thereof of operation.
(f) Receipt and handling. (1) Waste tires must be transported to and from the facility only by waste haulers permitted under or exempt from Part 364 of this Title.
(2) All waste tire storage facilities applying for an initial permit to construct and operate in accordance with this Part after the effective date of this Part, may only store whole tires which are to be removed from the facility for an end use which uses whole tires as substantiated by signed contractual agreements. If an end use is identified, the facility may only store a six-month supply of whole tires for each signed contractual agreement. Any whole waste tires received above that amount must be reduced into pieces no larger than four by six inches, be compacted by 75 percent or treated by a treatment process acceptable to the department before storage. If a signed contractual agreement expires or is otherwise cancelled, the facility owner must obtain another agreement for use of such whole tires within six months of such expiration or cancellation. If such an agreement is not signed with another end user within that six-month period, those whole waste tires accumulated for that purpose must be reduced in size, or compacted as described above or treated by a treatment process acceptable to the department within a time period specified by the department.
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