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 328.60 - Scrap Tire Storage Site Registration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Registration required. Persons who store more than 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 at a facility shall be required to
				  obtain a scrap tire storage site registration for that facility from the
				  executive director pursuant to §
										328.55
				  of this title (relating to Registration Requirements). Storage activities shall
				  not begin until the executive director approves the registration.
(b) Application requirements.
(1) The application for a scrap tire storage
				  site registration, amended registration, or renewal shall consist of: the
				  application form; site and surrounding area information; engineering
				  information, including a site layout plan and a site operating plan; and
				  evidence of financial assurance as required under this section.
(2) Upon filing a registration application,
				  the applicant shall mail a copy of the application to the appropriate county
				  judge and shall mail notice that an application has been filed to the
				  appropriate regional council of government and the appropriate mayor if the
				  proposed facility is to be located within the corporate limits or
				  extraterritorial jurisdiction of a city. Proof of mailing shall be provided in
				  the form of return receipts for registered mail.
(3) Upon filing a registration application,
				  the facility owner or operator shall provide notice to the general public by
				  means of a notice by publication and a notice by mail. Each notice shall
				  specify both the name, affiliation, address, and telephone number of the
				  applicant and of the commission employee who may be reached to obtain more
				  information about the application to register the site. The notices shall
				  specify that the registration application has been provided to the county judge
				  and that it is available for review by interested parties. The applicant shall
				  publish notice in the county in which the facility is located, and in adjacent
				  counties. Notice shall be published in a newspaper of general circulation. The
				  published notice shall be published once a week for three weeks. The applicant
				  should attempt to obtain publication in a Sunday edition of a newspaper. The
				  notice by certified mail, return receipt requested, shall be sent to all
				  adjacent landowners and all owners of property within 500 feet of the boundary
				  of the facility; the health authorities of the city and county in which the
				  facility will be located, if applicable; and the appropriate state senator and
				  representative for the area encompassing the facility.
(4) Applications shall be submitted in
				  triplicate either in writing or through an electronic reporting system as
				  allowed by the executive director.
(5) Preparation of the application shall be
				  in accordance with the requirements of the Texas Engineering Practice Act,
				  Texas Occupations Code, Chapter 1001. Each sheet of engineering plans,
				  drawings, maps, calculations, computer models, cost estimates, and the title or
				  contents page of the application shall be signed and sealed by a professional
				  engineer in accordance with the Rules of the Texas Board of Professional
				  Engineers.
(6) Drawings shall be
				  legible and include a dated title block, scale, and responsible engineer's
				  seal, if required. If color coding is used, it should be legible and the code
				  distinct when reproduced on black and white photocopy machines. Drawings shall
				  be submitted using a standard engineering scale.
(7) Each map or plan drawing shall have a
				  north arrow, a legend and a reference to the base map source and date if the
				  map is based upon another map. The latest revision of all maps shall be used.
				  Maps shall show the following:
(A) all
				  structures and inhabitable buildings within 500 feet of proposed
				  site;
(B) location of all roads
				  within one mile of the site that will normally be used to access the
				  site;
(C) latitudes and
				  longitudes;
(D) area
				  streams;
(E) the property boundary
				  of the site; and
(F) drainage,
				  pipeline, and utility easements within or adjacent to the site.
(8) The applicant or an authorized
				  representative shall provide a signed statement representing that he or she: is
				  familiar with the application and all supporting data; is aware of all
				  commitments represented in the application; is familiar with all pertinent
				  requirements in these regulations; and agrees to develop and operate the scrap
				  tire storage site in compliance with the application, applicable local and
				  state regulations, and any special provisions that may be imposed by the
				  executive director.
(9) Site and
				  surrounding area information includes the following:
(A) Maps.
(i) Location maps. These maps shall be all or
				  a portion of county maps prepared by Texas Department of Transportation. At
				  least one general location map shall be at a scale of one-half inch equals one
				  mile. 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, P.O. Box 5020, Austin, Texas,
				  78726-5020.
(ii) Topographic maps.
				  These maps shall be United States Geological Survey 7-1/2-minute quadrangle
				  sheets or equivalent, marked to show the storage site boundaries and roadway
				  access. These maps may be obtained at a nominal cost from any United States
				  Geological Survey, Federal Center.
(iii) Land ownership map and list. This map
				  shall locate the property owned by potentially affected landowners. The map
				  shall show all property ownership within 500 feet of the site. A list shall be
				  provided that gives each property owner's and easement holder's name and
				  mailing address. The list shall be keyed to the Land Ownership Map.
(iv) Floodplain maps. These maps shall be the
				  appropriate Federal Emergency Management Agency maps or other demonstration
				  acceptable to the executive director indicating the location of any 100-year
				  flood plain which may exist within the property boundary or surrounding
				  area.
(B) Legal
				  description. A legal description of the storage facility and 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.
(C) Property owner
				  affidavit. A statement from the property owner shall be submitted on a form
				  provided by the executive director; and shall be witnessed and notarized. The
				  form shall include:
(i) the legal description
				  of the site;
(ii) acknowledgment
				  that the State of Texas may hold the property owner of record either jointly or
				  severally responsible for the operation, maintenance, and closure and
				  post-closure care of the site;
(iii) acknowledgment that the owner has a
				  responsibility to file in the county deed records an affidavit to the public
				  advising that the land has been used for a tire storage facility, at the time
				  as the site actually begins operating; and
(iv) acknowledgment that the site owner or
				  operator and the State of Texas shall have access to the property during the
				  active life and for a period of not less than five years after closure for the
				  purpose of inspection and maintenance.
(D) Fire marshal approval. The fire marshal
				  with jurisdiction over the facility location shall approve the fire protection
				  system. A letter from the fire marshal shall be included in the application
				  stating that the fire marshal has reviewed and approved the fire protection
				  aspects of the application as well as the design of the all-weather roads to
				  accommodate fire fighting vehicles. The fire marshal shall sign and date the
				  Site Layout Plan.
(10)
				  Engineering information includes the following:
(A) Site layout plan. The site layout plan
				  shall include:
(i) location of storage
				  areas;
(ii) location of fire lanes
				  and fire control facilities;
(iii)
				  security fencing, gates and gatehouse, site entrance, and access roads and fire
				  lanes in accordance with §
													328.61
				  of this title (relating to Design Requirements for Scrap Tire Storage
				  Site);
(iv) location of buildings;
				  and
(v) location and description of
				  processing equipment.
(B) Drainage plan. A drainage plan showing
				  drainage flow throughout the scrap tire storage site area, locations of
				  streams, and any other important drainage feature of the facility. Calculations
				  shall be presented to show that normal drainage patterns will not be
				  significantly altered. If the executive director determines that significant
				  alteration will occur, the owner/operator shall design and provide additional
				  surface drainage controls which shall be designed and provided to mitigate the
				  effects of the altered watershed, as required by the executive
				  director.
(C) Fire plan. The fire
				  plan and all revisions shall be maintained at the site, with copies provided to
				  all local fire departments and other emergency response teams, and shall
				  include guidance or instruction on the following:
(i) roles to be assumed by on-site personnel
				  (example: fire-fighting coordinator, equipment custodian, hose operator, etc.)
				  in the event of a fire, duty stations, and procedures to be followed by these
				  persons;
(ii) arrangements agreed
				  to by local fire departments, police departments, hospitals, contractors,
				  nearby businesses and industries that can be called for assistance, and state
				  and local emergency response teams. In this regard, a letter from each of these
				  entities shall be included in the fire plan, which letters shall acknowledge
				  receipt of a copy of the fire plan, and agreement to participate as stated in
				  the fire plan.
(iii) names,
				  addresses, and telephone numbers of these emergency response teams (fire,
				  police, medical, etc.) that are to be included in the plan. The fire plan must
				  include a map of the general area of the site that shows the site location, the
				  location of the emergency response teams included in the plan (fire stations,
				  police stations, hospitals, etc.). The plan shall also include the best route
				  for these emergency response teams to take from their location to the site
				  location;
(iv) names, addresses,
				  and telephone numbers of all site employees that are qualified to act as
				  emergency coordinator(s) (this list must be kept up to date, and where more
				  than one person is listed one must be designated as primary coordinator and the
				  others as alternates);
(v) a list
				  of all emergency equipment at the facility (fire extinguishers, protective
				  clothing items, hoses, pumps, axes, shovels, detention ponds, water storage
				  tanks, fire hydrants, signal and alarm system equipment, decontamination
				  equipment, etc.), a copy of the Site Layout Plan (to be posted at several
				  prominent locations on the site as well as included in the fire plan) drawing
				  that clearly marks the location of these items as well as personnel assembly
				  points and evacuation routes from the site and from buildings on the site, and
				  a narrative description of where these items are kept or located on site as
				  well as a description of how the items are used (if applicable) and their
				  capabilities;
(vi) an evacuation
				  procedure for facility personnel where there is a possibility that evacuation
				  could be necessary, evacuation routes, alternate routes, and signals to be used
				  by the emergency coordinator(s) for the various necessary procedures;
				  and
(vii) information about any
				  insurance held by the company that would cover fire damage, loss, and
				  cleanup.
(D) Cost
				  estimate for closure. The applicant shall submit a cost estimate for closure
				  costs in accordance with §
												328.71
				  of this title (relating to Closure Cost Estimate for Financial
				  Assurance).
(E) Site operating
				  plan. The Site Operating Plan shall include information to provide specific
				  guidance and instructions for the management and operation of a scrap tire
				  storage site and should include:
(i)
				  information on security, facility access control, the hours and days during
				  which tire-hauling vehicles will be admitted, traffic control and
				  safety;
(ii) sequence of the
				  development of the scrap tire storage site such as utilization of storage
				  areas, drainage features, firewater storage ponds, trenches, and
				  buildings;
(iii) information on
				  control of loading and unloading of used or scrap tires or tire pieces within
				  designated areas, so as to minimize operational problems at the storage
				  facility;
(iv) fire prevention and
				  control plans, and special training requirements for fire-fighting personnel
				  that may be called for assistance;
(v) vector control procedures for any type of
				  vector that may be found at the scrap tire storage site;
(vi) a procedure for removal of any waste
				  material that is not a used or scrap tire or tire piece to a disposal facility
				  permitted by the commission. This procedure must include the means to remove
				  this illegally deposited waste material. In all cases, such waste shall be
				  removed from the storage area immediately and placed in suitable collection
				  bins, or shall be returned to the transporter's vehicle and removed from the
				  scrap tire storage site. 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;
(vii) the name of the facility employee who
				  is designated by the owner or operator to inspect each load of used or scrap
				  tires or tire pieces that is delivered to the scrap tire storage site. The
				  employee shall have the authority and responsibility to reject unauthorized or
				  improperly manifested loads. The employee shall also be authorized to have
				  unauthorized materials removed by the transporter, assess appropriate disposal
				  fees, and have any unauthorized material removed by on-site
				  personnel;
(viii) a procedure
				  whereby the required transporter manifest, the daily log and other required
				  documents shall be maintained at the scrap tire storage site for a period of
				  three years and be made available for inspection by the executive director or
				  authorized agents or employees of local governments having jurisdiction to
				  inspect the storage facility;
(ix)
				  dust and mud control measures for access roads, fire lanes, and storage areas
				  within the scrap tire storage site;
(x) posting of signs and enforcement of scrap
				  tire storage site rules;
(xi)
				  procedures for wet-weather operations;
(xii) preventive maintenance procedures for
				  all storage areas, tire processing equipment, fire lanes, fire control devices,
				  drainage facilities, access roads, buildings, and other structures on the scrap
				  tire storage site in use during the active operating period of the scrap tire
				  storage site. A schedule shall be established for periodic inspection of all
				  equipment and facilities to determine if unsatisfactory conditions exist;
				  and
(xiii) incorporation of other
				  instructions as necessary to ensure that the scrap tire storage site personnel
				  comply with all of the operational standards for the facility.
(11) The applicant
				  seeking registration or amended registration for a scrap tire storage site
				  shall submit evidence of financial responsibility in conformance with §
											328.71
				  of this title.