Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.54 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An entity
				  that violates the applicable sections 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, and the
				  suspension or revocation of registration or permit.
(b) Before disposal, whole used or scrap
				  tires may not be commingled with any other type of scrap material or solid
				  waste, except for incidental scrap tires picked up in enclosed municipal solid
				  waste collection vehicles.
(c) Any
				  permitted municipal solid waste landfill site may store or process whole tires
				  or tire pieces in an unused portion of the property within its permit boundary
				  dedicated to tires only. Storage shall be above ground in controlled storage
				  piles or in enclosed and lockable containers, pursuant to §
										328.61
				  of this title (relating to Design Requirements for Scrap Tire Storage Site). A
				  permitted municipal solid waste landfill site shall not store tires or tire
				  pieces in excess of 500 used or scrap tires (or weight equivalent tire pieces
				  or any combination thereof) on the ground or 2,000 used or scrap tires (or
				  weight equivalent tire pieces or any combination thereof) in enclosed and
				  lockable containers without prior written approval from the executive director
				  or the commission. Approval of storage or processing shall be by authorization
				  for such storage in an approved Site Development Plan, or, as applicable,
				  through a Class I permit modification under §
										305.70
				  of this title (relating to Municipal Solid Waste Class I Modifications) or an
				  amendment under §
										305.62 of
				  this title (relating to Amendment). The tire storage and/or processing activity
				  shall not be conducted in a manner that will adversely affect operations of the
				  municipal solid waste disposal site, or otherwise endanger human health or the
				  environment.
(d) All vehicles and
				  equipment used for the collection and transportation of used or scrap tires or
				  tire pieces, except for those vehicles listed in §
										328.57
				  of this title (relating to Transporter Requirements), shall be constructed,
				  operated, and maintained to prevent loss of used or scrap tires or tire pieces
				  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 prevent odors and insect breeding. Any
				  vehicle or trailer used to transport used or scrap tires or tire pieces 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 and letters at least two inches
				  tall. Trailers or trucks used to transport used or scrap tires shall either be
				  fully enclosed and lockable, or have sidewalls of sufficient height to contain
				  the load. Trailers and trucks transporting used or scrap tires in excess of the
				  sidewall height of the vehicle shall be covered with a tarp during transit.
				  Trailers and trucks transporting any amount of tire pieces shall be covered
				  with a tarp during transit.
(e) A
				  person who, for eventual recycling, reuse, or energy recovery, temporarily
				  stores used or scrap tires in a designated recycling collection area at a
				  permitted landfill may be granted an exemption from shredding, splitting or
				  quartering the scrap tires by the executive director, upon request.