340-096-0260 Waste Tire Carrier Permit Required (1) Any person engaged in picking up, collecting or transporting waste tires for the purpose of storage, processing or disposal must obtain a waste tire carrier permit from the Department. (2) No person shall collect or haul waste tires or advertise or represent themselves as being in the business of a waste tire carrier without first obtaining a waste tire carrier permit from the Department. Active waste tire carrier permits and combined tire carrier/storage permits in operation upon the effective date of these rules will remain in effect and remain enforceable until the Department issues new permits under these rules. (3) The following persons are exempt from the requirement to obtain a waste tire carrier permit: (a) Solid waste collection service operating under a license or franchise from any local government unit; (b) A person transporting their own waste tires to a processor or for proper disposal; (d) Persons transporting tire-derived materials to a market; (e) Persons transporting waste tires that meet the processed standards in OAR 340-093-0190; (f) The United States, the State of Oregon, any county, city, town or municipality in this state or any agency of the United States, the State of Oregon or a county, city, town or municipality of this state; (g) Persons possessing an automobile dismantler certificate issued under ORS 822.110 and transporting only tires generated from vehicles accepted for dismantling activities; (h) Tire retailer and tire retreaders transporting waste tires generated from their business operation. (4) In order to transport waste tires for the purpose of storage, processing or disposal, a person must apply to the Department for a waste tire carrier permit at least 90 days before beginning to transport the tires. (5) Applications shall be made on a form provided by the Department. The application shall include information as required by the Department, including but not be limited to: (a) The license number and registered vehicle owner for each vehicle used for transporting waste tires; (b) Where the waste tires will be stored, processed and disposed of; and (c) Any additional information required by the Department. (6) A person with more than one separate business location may submit one waste tire carrier permit application which includes all the locations. All the information required in OAR 340-096-0260(5) shall be supplied by location for each individual location. That person shall be responsible for amending the application whenever any of the required information changes at any of the covered locations, including changes to vehicles used for transporting waste tires. (7) An application for a tire carrier permit shall include the applicable application fee and an annual compliance fee as listed in OAR 340 Division 97. (8) The application for a waste tire carrier permit shall also include a bond in the sum of $5,000 in favor of the State of Oregon. In lieu of the bond, the applicant may submit financial assurance acceptable to the Department. The Department will accept as financial assurance only those financial assurance mechanisms listed in and complying with applicable requirements in OAR 340-095-0095. (9) The bond or other financial assurance mechanism shall be filed with the Department and shall provide that: (a) In performing services as a waste tire carrier, the applicant shall comply with the provisions of ORS 459.705 through 459.790 and of OAR 340-096-0260 and OAR 340-096-0270; and (b) Any person injured by the failure of the applicant to comply with the provisions of ORS 459.705 through 459.790 or OAR 340-096-0260 and OAR 340-096-0270 shall have a right of action on the bond or other financial assurance in the name of the person. Such right of action shall be made to the principal or the surety company within two years after the injury. (c) The permittee's bond or other financial assurance required under OAR 340-096-0260(8) must provide that, in performing services as a waste tire carrier, the operator of a vehicle leased by the permittee shall comply with the provisions of ORS 459.705 through 459.790, OAR 340-096-0260 and OAR 340-096-0270; (10) Any financial assurance mechanisms submitted under OAR 340-096-0260 sections (8) and (9) shall remain in effect for not less than two years following termination of the waste tire carrier permit. (11) A waste tire carrier permit may be issued for a period not to exceed 10 years, to be determined by the Department and specified in the permit. Statutory/Other Authority: ORS 468.020, 459.045, 459.705, 459.760 & 459.785 Statutes/Other Implemented: ORS 459.708 History: DEQ 11-2023, adopt filed 07/21/2023, effective 07/21/2023