Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 04 - REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE › Chapter 26.04.08 - Storage, Collection, Transferring, Hauling, Recycling, and Processing of Scrap Tires › Section 26.04.08.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Approved facility" means a facility
				  located in or outside of the State for collecting, recycling, or otherwise
				  processing scrap tires that is approved or licensed by the Department in
				  accordance with regulations adopted by the Department.
(2) "Authorization" means the granting of
				  approval or licensure by the Department to handle scrap tires.
(3) "Clean-up" means the process of removing
				  scrap tires to an authorized facility to alleviate a danger, nuisance, or
				  environmental risk. The clean-up process includes any necessary remedial action
				  or soil stabilization, or both.
(4)
				  "Closure" means the cessation of all activities at a scrap tire facility and
				  the clean-up of all scrap tires.
(5) "Comptroller" means the Comptroller of
				  the Maryland State Treasury.
(6)
				  "Department" means the Maryland Department of the Environment.
(7) "Financial assurance" means a performance
				  bond, letter of credit, cash deposit, insurance policy, or other instrument of
				  security acceptable to the Department.
(8) "Fund" means the State Used Tire Clean-Up
				  and Recycling Fund.
(9) "General
				  scrap tire collection facility" means a scrap tire collection facility where no
				  more than 50 scrap tires are accumulated on site at any one time.
(10) "Handle scrap tires" means to be engaged
				  in hauling, transferring, storage, collection, recycling, or processing of
				  scrap tires.
(11) "Primary scrap
				  tire collection facility" means a scrap tire collection facility where 1,501
				  scrap tires or more are accumulated on site at any one time.
(12) "Product" means a finished commodity
				  which is not intended for further processing or to be used as a raw material in
				  a manufacturing process.
(13) "Raw
				  material" means a commodity intended for use in the direct manufacture of a
				  product.
(14) "Recycling" means any
				  process in which materials that would otherwise become solid waste are
				  collected, separated, or processed and returned to the marketplace in the form
				  of raw materials or products.
(15)
				  "Resource recovery incinerator" means a resource recovery facility that
				  combusts solid waste.
(16)
				  "Retread" means to apply a new tread to a used tire casing to upgrade a
				  serviceable tire.
(17) "Scrap tire"
				  means any tire or part of it that no longer is suitable for its original
				  intended purpose by virtue of wear, damage, or defect, excluding scrap tire
				  parts for which there is a written agreement for the purchase or acceptance of
				  the material only when, at the discretion of the Department, the exclusion is
				  specifically given by the Department in writing.
(18) "Scrap tire collection facility" means
				  any location where scrap tires are:
(a)
				  Deposited by a consumer or a scrap tire hauler; and
(b) Transferred to another scrap tire
				  collection facility, scrap tire recycler, or any other authorized
				  facility.
(19) "Scrap
				  tire facility" means an existing, planned, or proposed site that stores,
				  collects, recycles, incinerates scrap tires to recover energy, or otherwise
				  processes scrap tires.
(20) "Scrap
				  tire hauler" means a person who, as part of a commercial business, transports
				  scrap tires in the State to or from a scrap tire facility.
(21) "Scrap tire recycler" means a person who
				  is approved and licensed by the Department to process scrap tires to a form of
				  raw materials or products that may be returned to the marketplace.
(22) "Scrap tire recycling system" means an
				  organized method of controlling scrap tires from their generation through final
				  disposition by recycling or processing established by the Maryland
				  Environmental Service. This system includes scrap tire haulers, scrap tire
				  collection facilities, scrap tire recyclers, and other approved facilities
				  designated by the Service.
(23)
				  "Secondary scrap tire collection facility" means a scrap tire collection
				  facility where 51-1,500 scrap tires are accumulated on site at any one
				  time.
(24) "Secretary" means the
				  Secretary of the Environment.
(25)
				  "Service" means the Maryland Environmental Service.
(26) "Solid waste acceptance facility" means
				  any landfill, incinerator, transfer station, or processing facility whose
				  primary purpose is to dispose of, treat, or process solid waste.
(27) "State" means the State of
				  Maryland.
(28) "State Used Tire
				  Clean-Up and Recycling Fund" means moneys made available under:
(a) Loan authorizations;
(b) Funds appropriated in the State
				  budget;
(c) Fees collected for the
				  first sale of new tires in the State by tire dealers under Environment Article,
				  Title 9, Subtitle 2, Annotated Code of Maryland;
(d) Bond and security forfeitures collected
				  under Environment Article, Title 9, Subtitle 2, Annotated Code of Maryland;
				  or
(e) Reimbursement of
				  Departmental costs for remedial actions and clean-ups, including
				  administrative, public information, and legal expenses from responsible
				  parties.
(29) Store
				  Scrap Tires.
(a) "Store scrap tires" means
				  the accumulation of scrap tires in any form or configuration in excess of
				  15,000 cubic feet.
(b) "Store scrap
				  tires" does not include scrap tires collected in enclosed, metal,
				  transport-worthy containers.
(30) "Tire" means a continuous rubber
				  material or similar natural or synthetic product which is pneumatically
				  designed or intended to cover or encircle a wheel which is manufactured for use
				  on a motorized vehicle, a vehicle transported or towed by a motorized vehicle,
				  farm implement, or machinery which is similar to these vehicles, trailers, or
				  farm implements.
(31) "Tire-derived
				  fuel" means whole or processed scrap tires used as a fuel or supplemental
				  fuel.
(32) "Used tire" means any
				  tire removed from a piece of equipment or vehicle for the purpose of retreading
				  or reuse for its original intended use. Adjustment tires being returned to the
				  manufacturer are used tires until a determination on the adjustment is
				  made.