SECTION 10 WASTE TIRE FACILITIES and WASTE TIRE HAULERS 10.1 Scope and Applicability 10.2 General Provisions 10.3 Standards for Waste Tire Hauling 10.4 Standards for Tire Retailers, Wholesalers and Fleet Service Facilities 10.5 Standards for Waste Tire Monofills 10.6 Standards for Waste Tire Processors and End-Users 10.7 Standards for Waste Tire Collection Facilities
SECTION 10.1- SCOPE and APPLICABILITY 10.1.1 WASTE TIRE FACILITIES This Section 10 applies to all facilities, unless otherwise exempted, that store or accumulate waste tires including, but not limited to, tire retailers, wholesalers and fleet service facilities, waste tire monofills, waste tire processors and end-users, and waste tire collection facilities. 10.1.2 WASTE TIRE HAULING This Section 10 applies to any person transporting waste tires including commercial freight carriers under contract with a waste tire hauler. 10.1.3 EXEMPTIONS This Section 10 does not apply to: (E) (F) A person who operates a vehicle that is primarily engaged in the collection and transportation of solid wastes other than waste tires, which includes, but is not limited to, municipal solid waste and construction and demolition debris; A person who only travels through the state with waste tires as part of interstate commerce and does not deposit, transfer, store or dispose of any waste tires within this state; A person who transports products made from waste tires for sale or other distribution; A person who transports only tires that have been used but retain demonstrable and documented value for re-use or re-sale; A private citizen who transports their own waste tires for non-commercial purposes to a Waste Tire Hauler or any Waste Tire Facility; Household Hazardous Waste roundup events, community cleanup events, and other one-time or occasional collection events where waste tires are accepted for drop-off by private citizens and where the waste tires are picked up by a registered Waste Tire Hauler or transported to a registered Waste Tire Hauler or any registered Waste Tire Facility at the conclusion of the event; 182
(G) Solid Waste Landfills, Transfer Stations, and Recycling Facilities that accumulate waste tires by separating them out of the solid waste streams accepted, processed, and/or disposed at these facilities except that Solid Waste Landfills, Transfer Stations, and Recycling Facilities must comply with: (1) Section 10.3 if they transport their own waste tires, (2) Section 10.7.2(I) if they have another entity haul the waste tires away from their facility, and (3) Section 10.6 if they process waste tires at the facility; or (H) A private citizen who beneficially uses ten (10) or more waste tires with written approval from the Department. Persons beneficially using waste tires must comply with: (1) Section 10.3 if they transport their own waste tires, (2) Section 10.6 if they process waste tires at the facility, and (3) Beneficial users shall not have on-site at any one time more than five hundred (500) waste tires not yet beneficially reused. (I) A private citizen who beneficially uses less than ten (10) waste tires. SECTION 10.2 - GENERAL PROVISIONS 10.2.1 COMPLIANCE WITH OTHER LAWS Waste Tire Facilities and Waste Tire Haulers must comply with all local, state, and federal laws, regulations, ordinances, and other requirements. 10.2.2 OPERATIONS COVERED BY MULTIPLE PARTS OF THIS SECTION 10 Waste Tire Facilities and Waste Tire Haulers may perform activities at their facilities that are regulated by multiple parts of this Section 10. If so, these entities must register accordingly and comply with the requirements of all applicable parts of these regulations. June 30, 2011 183
SECTION 10.3 - STANDARDS FOR WASTE TIRE HAULING 10.3.1 GENERAL Unless transported out of state, a person may only transport waste tires to the following types of facilities, sites and users in Colorado: (1) A registered waste tire collection facility; (2) A registered waste tire monofill; (3) A registered end user of waste tires; (4) A registered waste tire processing facility; (5) A municipal or privately owned solid waste landfill site provided the person satisfies the requirements of section 16.3 of these Regulations; or (6) A beneficial user of waste tires that has been approved by the Department. A person registered as a Waste Tire Hauler pursuant to Section 10.3.3 of these Regulations may pick up waste tires from a generator who is not registered as a Waste Tire Facility as long as the Waste Tire Hauler creates a manifest for the load of waste tires pursuant to Section 10.3.5 of these Regulations, and ensures delivery of the waste tires only to a facility listed in Section 10.3.1 above. All Waste Tire Haulers shall collect litter in and around area(s) at their facilities used to store waste tires in order to avoid a fire hazard or a nuisance condition and control the growth of vegetation to minimize potential fuel sources. Waste Tire Haulers shall immediately notify the Solid Waste Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires. Within two weeks of this notification, the facility shall submit a written report describing the emergency to the Solid Waste Program. This report shall describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the problems generated by the emergency. 184
10.3.2 REGISTRATION FOR WASTE TIRE HAULING No person shall transport a load of ten (10) or more waste tires at one time unless he/she has registered with the Department by submitting an application for Certificate of Registration (Form WT-1) to the Hazardous Materials and Waste Management Division of the Department and received a Certificate of Registration from the Department. An application for a Certificate of Registration as a Waste Tire Hauler shall be submitted on Form WT-1, available by contacting the Department or at the Department s website. The application shall be delivered to the Department, electronically or by hard copy, and shall include, at a minimum, the following information: (1) The business name of the Waste Tire Hauler and any other names under which the Waste Tire Hauler may do business; (2) The principal business address of the Waste Tire Hauler and any other address where the Waste Tire Hauler shall conduct commercial transportation of waste motor vehicle tires for storage or disposal activities in this state; (3) A business telephone number(s); (4) The name and address of the responsible officer of a corporate Waste Tire Hauler or the owner(s) of a Waste Tire Hauler operating a proprietorship or partnership; (5) The signature and date of signature of the Waste Tire Hauler applicant; (6) The number of vehicles the Waste Tire Hauler uses to transport waste tires in Colorado; (7) A vehicle description sheet which lists each vehicle the Waste Tire Hauler will use to haul waste tires, and includes the following information for each vehicle: the license plate number, the state in which the vehicle is registered, the Vehicle Identification Number ( VIN ), the make/model and year, and the registered owner; and (8) Evidence that a surety bond has been posted in accordance with section 10.3.5 of these Regulations. June 30, 2011 185
(E) (F) (G) (H) (I) (J) (K) The Department shall issue a Certificate of Registration and corresponding decal(s) to a person if the person has submitted an application to the Department containing all information required in section 10.3.2 and has submitted the annual report required by section 10.3.6. The initial Certificate of Registration for a Waste Tire Hauler is valid from the date of issuance to March 15 of the following year. A Waste Tire Hauler must submit an updated application for a Certificate of Registration within 15 days after the Waste Tire Hauler purchases a new vehicle, rents or leases a vehicle, or operates a facility at a new location. A Waste Tire Hauler is not authorized to haul waste tires after the March 15 expiration date unless the Waste Tire Hauler has applied to renew the Waste Tire Hauler Certificate of Registration prior to expiration and has received a new Certificate of Registration as a Waste Tire Hauler from the Department and Waste Tire Hauler decals, pursuant to Section 10.3.3 below. All Waste Tire Haulers who wish to continue hauling waste tires shall submit application for renewal no later than February 1. A legible copy of the Certificate of Registration shall be maintained and made available for inspection at the Waste Tire Hauler s principal place of business and in each vehicle owned or rented by the Waste Tire Hauler that is used for hauling waste tires in Colorado. All Waste Tire Haulers must annually provide a copy of their current Certificate of Registration to each retailer or other generator of tires where they pick-up waste tires for transport. A Waste Tire Hauler Certificate of Registration is not transferable by the Waste Tire Hauler to whom it was issued to any other person or entity. The Department may revoke a Waste Tire Hauler s Certificate of Registration for failure to comply with the Act and the Regulations. 10.3.3 WASTE TIRE HAULER DECALS No person shall transport a load of ten (10) or more waste tires in Colorado without having received a Waste Tire Hauler decal(s). An application for a Certificate of Registration submitted pursuant to section 186
10.3.2 above shall also serve as the application for a Waste Tire Hauler decal(s) and a Waste Tire facility decal. A Waste Tire Hauler must submit an updated application for a Certificate of Registration within 15 days after the Waste Tire Hauler purchases a new vehicle, or rents or leases a vehicle. (E) (F) Waste Tire Haulers will receive decal(s) for their facility and for each vehicle from the Department along with their Certificate of Registration. Each decal will have a unique number. Each Waste Tire Hauler vehicle decal shall be valid until March 15 of the following year and will have a unique number. Waste Tire Facility decals shall be valid for three (3) years from the date of issuance, will establish an expiration date, and will have a unique number. Upon the expiration date, a Waste Tire Hauler must submit a new application for a Certificate of Registration pursuant to section 10.3.2 above. A Waste Tire Hauler decal must be permanently affixed to the lower left hand corner of the windshield of each vehicle the Waste Tire Hauler owns and uses to transport waste tires. A Waste Tire Hauler decal must be affixed to the lower left hand corner of the windshield of each vehicle the Waste Tire Hauler rents or leases to transport waste tires. A Waste Tire Hauler must post or affix their Waste Tire Facility decal to a prominent location at the address used to store/accumulate waste tires. A Waste Tire Hauler decal is not transferable by the Waste Tire Hauler to whom it was issued to any other person or entity and shall not be used for any vehicle not listed by the Registered Waste Tire Hauler on its application for a Certificate of Registration as a Waste Tire Hauler. 10.3.4 MANIFEST REQUIREMENTS No Waste Tire Hauler may accept a shipment of waste tires without properly completing a manifest pursuant to section 10.3.4 of these Regulations. Manifests for all shipments of waste tires accepted by a Waste Tire Hauler shall be maintained on-site at that facility and available for inspection for three (3) years from the date of delivery. A person hauling a load of ten (10) or more waste tires must create a manifest for each load of waste tires. Such persons must use the Uniform Waste Tire Manifest Form WT-2, available at the Department s website. 187
Each manifest will have a unique number. The Uniform Waste Tire Manifest must be filled out in triplicate and contain the following information: (1) The name, address, telephone number, and Certificate of Registration number of the generator(s) or source(s) of the waste tires in the load; (2) The quantity of waste tires picked up at each generator or source as measured by: (a) (b) The actual number of waste tires by category (e.g. passenger car/light duty truck tires, semi-truck tires, etc); or The weight of waste tires measured in tons; (3) The name, address, telephone number and Certificate of Registration number of the Waste Tire Hauler and the Waste Tire Hauler decal number of the vehicle used to transport the waste tires; (4) The date(s) of transport; (5) The name, address, telephone number and Certificate of Registration number and Waste Tire Facility decal number of the destination facility to which the waste tires will be delivered; and (6) The signatures, under penalty of perjury, of each generator/source of the waste tires, the Waste Tire Hauler, the secondary Waste Tire Hauler (if any), and the Waste Tire Facility that is the destination of the waste tires. A person who hauls a load of ten (10) or more waste tires must do the following: (1) Carry the Uniform Waste Tire Manifest of each load in the vehicle while hauling the waste tires described on the Manifest (the Manifest need not be displayed in the vehicle); (2) Provide a copy of the Uniform Waste Tire Manifest for each load to the applicable waste tire generator/source when the hauler takes possession of the waste tires; 188
10.3.5 SURETY BOND (3) Provide a completed copy of the Uniform Waste Tire Manifest for each load to the destination facility when the hauler delivers the waste tires; and (4) Make a copy of any Uniform Waste Tire Manifest available to the Department upon request. A person who hauls ten (10) or more waste tires must acquire and maintain a surety bond in the amount of $10,000 that shall be submitted on Form WT-3, which may be obtained by contacting the Department or at the Department s website. Such persons must acquire, maintain, and submit such surety bond to the Department with the application for a Certificate of Registration pursuant to section 10.3.2 above, where a person has not previously submitted the application for a Certificate of Registration or within ninety (90) calendar days of the effective date of this Section 10, where the person has previously submitted the application for a Certificate of Registration. The surety bond shall provide limited financial assurance for the cleanup and proper disposal of waste tires delivered by the person to any facility, site, or user other than those set forth in section 10.3.1 above. The surety bond provided to the Department must be issued subject to the laws and jurisdiction of the State of Colorado and must be issued by a surety company authorized by the Commissioner of Insurance to do business in Colorado. The surety bond provided to the Department must have original signatures. The wording of the surety bond must be identical to the wording on Form WT-3. The surety bond must name the Director, Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division as the obligee for the surety bond. The surety bond must be continuous in nature, unless canceled by the surety company. The person to whom the bond is issued shall notify the Department within sixty (60) calendar days prior to cancellation of the surety bond. Notice must be provided in writing via certified mail to the Division Director. In the event of cancellation of a surety bond, the person must provide a replacement surety bond, executed by an authorized surety company, within thirty (30) calendar days of the Department s receipt of the notice of cancellation of the existing surety bond. Should the person fail to submit 189
alternate bond coverage by the thirty-first (31) calendar day following receipt by the Department of the notice of cancellation, the person s waste tire hauling Certificate of Registration shall be automatically suspended. (E) (F) The surety s liability is limited to the amount of the surety bond. The person s liability is not, however, limited to the amount of the bond. In the event the cost to clean up and dispose of improperly disposed waste tires exceeds the $10,000 obtained by the Department as a result of the surety bond, the person remains liable for all costs exceeding $10,000 related to the clean up and disposal of the improperly disposed waste tires and any associated public health or environmental impacts. The person may cancel the surety only if the Department has given prior written consent. The Department shall provide such written consent when: 10.3.6 ANNUAL REPORT (1) The person submits alternate financial assurance as specified in this section; or (2) When the person has completed all activities required by the Department under this section 10 including written notification that the person is no longer in business and/or the date the waste tire hauling activities ceased. A person who hauls a load of ten (10) or more waste tires must submit an annual report to the Department on the Commercial Waste Tire Hauler Annual Report Form (Form WT-4). This form may be obtained by contacting the Department or available at the Department s website. The report shall account for the number of waste tires transported by the person during the previous calendar year (beginning January 1 and ending December 31). Waste tire quantities shall be reported exclusively by actual count of motor vehicle tires by category (e.g., passenger car/light-duty truck tires, semi-truck tires, etc.), or exclusively by weight in tons. Passenger tire equivalents may be used to convert from one category to the other. If both weight and volume of the waste tires are known, then the weight of the waste tires must be used to determine the number of passenger tire equivalents. The annual report must be delivered to the Department, via certified mail, regular mail, facsimile, hand delivery, or electronically by March 1 of each year and must include the following: 189.1
(1) Quantity of waste tires collected by the person from within Colorado for the applicable reporting period; (2) Quantity of waste tires that are brought to Colorado locations by the person from out-of-state sources during the applicable reporting period; (3) Quantity of waste tires that are taken from Colorado locations by the person to out-of-state destinations during the applicable reporting period; (4) Quantity of waste tires salvaged for re-use, repair, or re-sale; (5) Final disposition of all the waste tires collected during the applicable reporting period by listing each waste tire collection facility, waste tire monofill, municipal or privately owned solid waste landfill, or end user or processor facility, and the total quantities of waste tires that the person has delivered to each; and (6) Documentation that the surety bond is paid and current. 10.3.7 WASTE TIRE HAULER FACILITIES Notwithstanding the requirements of Section 10.2.2 of these Regulations and the definition of Waste Tire Collection Facility in Section 1.2, a Waste Tire Hauler who aggregates or stores waste tires for less than ninety (90) days is not considered a Waste Tire Collection Facility and is not subject to Section 10.7 of these Regulations. Conversely, a Waste Tire Hauler who stores a waste tire for more than ninety (90) days becomes a Waste Tire Collection Facility subject to the requirements of Section 10.7 of these Regulations. 189.2
10.4 - STANDARDS FOR TIRE RETAILERS, WHOLESALERS, AND FLEET SERVICE FACILITIES 10.4.1 GENERAL This section 10.4 applies to all Tire Retailers and Tire Wholesalers and Fleet Service Facilities that are sources of waste tires pursuant to section 30-20-1007, C.R.S. or 30-20-1008, C.R.S. 10.4.2 GENERAL STANDARDS FOR TIRE RETAILERS, WHOLESALERS AND FLEET SERVICE FACILITIES (E) (F) All Tire Retailers, Wholesalers and Fleet Service Facilities shall maintain all weather access roads to those areas of the facility where waste tires are stored. All Tire Retailers, Wholesalers and Fleet Service Facilities shall collect litter in and around any area used to store waste tires in order to avoid a fire hazard or a nuisance and control the growth of vegetation to minimize potential fuel sources. Each Tire Retailer, Wholesaler and Fleet Service Facility shall maintain a working telephone at its facility. The Tire Retailer, Wholesaler, or Fleet Service Facility shall comply with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Safety in the Department of Public Safety. All Tire Retailers, Wholesalers and Fleet Service Facilities who accumulate at any one time more than one hundred (100) waste tires shall maintain the following, or the equivalent: fencing of at least six (6) feet in height surrounding the entire perimeter of the waste tires and security measures which include, at a minimum, locked gates to preclude public entry. Notwithstanding the requirements of Section 10.2.2 of these Regulations and the definition of Waste Tire Collection Facility in Section 1.2, Tire Retailers, Wholesalers and Fleet Service Facilities are not considered Waste Tire Collection Facilities and are not subject to Section 10.7 of these Regulations if they: 189.3
(1) Store less than 500 waste tires outdoors at their facility, and/or (2) Store less than 1000 waste tires at their facility. Conversely, if Tire Retailers, Wholesalers and Fleet Service Facilities store more than these amounts of waste tires at their facilities, they would be considered Waste Tire Collection Facilities and would be subject to Section 10.7 of these Regulations. (G) (H) (I) Tire Retailers, Wholesalers and Fleet Service Facilities shall immediately notify the Solid Waste Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires. Within two weeks of this notification, the facility shall submit a written report describing the emergency to the Solid Waste Program. This report shall describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the problems generated by the emergency. Tire Retailers, Wholesalers and Fleet Service Facilities shall arrange for the commercial hauling of waste tires only with a waste tire hauler who is currently registered pursuant to section 25-17-204, C.R.S. and section 10.3.2 of these Regulations. A person registered as a Retailer, Wholesaler, or Fleet Service Facility pursuant to Section 10.4.3 of these Regulations may accept waste tires from a private citizen who is not registered pursuant to these regulations. 10.4.3 TIRE RETAILERS, WHOLESALERS AND FLEET SERVICE FACILITIES REGISTRATION REQUIREMENTS No person shall accumulate waste tires as a Tire Retailer, Wholesaler or Fleet Service Facility without having received a Certificate of Registration from the Department. An application for a Certificate of Registration shall be submitted on Form WT-1 to the Solid Waste Unit within the Hazardous Materials and Waste Management Division of the Department. Form WT-1 is available at the Department s website. Certificate of Registration applications for collection of waste tires at a Tire Retailer, Wholesaler or Fleet Service Facility shall include, at a minimum: 189.4
(1) The business name of Tire Retailer, Wholesaler or Fleet Service Facility and any other names under which the Tire Retailer, Wholesaler or Fleet Service Facility may do business; (2) The principal business address of the Tire Retailer, Wholesaler or Fleet Service Facility; (3) A business telephone number(s); (4) The name and address of the responsible officer of a corporate Tire Retailer, Wholesaler or Fleet Service Facility, or the owner(s) of a Tire Retailer, Wholesaler or Fleet Service Facility operating a proprietorship or a partnership; and (5) The signature and date of signature of the Tire Retailer, Wholesaler or Fleet Service Facility applicant. (E) (F) (G) The Department will mail a Certificate of Registration to the applicant after approval of the application. Certificates of Registration shall be maintained at the facility and made available for inspection. Certificates of Registration shall be valid for three (3) years from the date of issuance at which time a Tire Retailer, Wholesaler or Fleet Service Facility must re-register in accordance with this section. A Certificate of Registration is not transferable by the Tire Retailer, Wholesaler or Fleet Service Facility from whom it was issued to any other person or entity. The Department may revoke a Certificate of Registration for failure to comply with the Act and the Regulations. 10.4.4 WASTE TIRE FACILITY DECAL An application for a Certificate of Registration pursuant to section 10.4.3 above shall also serve as an application for a Waste Tire Facility decal. Tire Retailers, Wholesalers and Fleet Service Facilities will receive a Waste Tire Facility decal from the Department along with their Certificate of Registration. Waste Tire Facility decals shall be valid for three (3) years from the date of issuance, will establish an expiration date, and will have a unique number. 189.5
Upon the expiration date, a Tire Retailer or Wholesaler must submit a new application for a Certificate of Registration pursuant to section 10.4.3 above. Tire Retailers, Wholesalers and Fleet Service Facilities must post or affix their Waste Tire Facility decal to a prominent location at the address used to store/accumulate waste tires. 10.4.5 MANIFEST REQUIREMENTS Except as allowed in Section 10.4.2 above concerning accepting waste tires from a private citizen, no Tire Retailer, Wholesaler or Fleet Service Facility may accept a shipment of waste tires without an accompanying manifest properly completed pursuant to section 10.3.4 of these Regulations. Manifests for all shipments of waste tires accepted by a Tire Retailer, Wholesaler or Fleet Service Facility shall be maintained on-site at that facility and available for inspection for three (3) years from the date of delivery. No Tire Retailer, Wholesaler, or Fleet Service Facility may offer a shipment of waste tires without receiving a manifest properly completed by the Waste Tire Hauler pursuant to section 10.3.4 of these Regulations. Manifests for all shipments of waste tires offered by the Tire Retailer, Wholesaler, or Fleet Service Facility shall be maintained on-site at that facility and available for inspection for three (3) years from the date of pick-up. 10.5 - STANDARDS FOR WASTE TIRE MONOFILLS 10.5.1 GENERAL All waste tire monofills must have a valid Certificate of Designation. All Certificate of Designation applications for Waste Tire Monofills must include a Waste Tire Facility Operations Plan for approval which includes the requirements listed in section 10.5.8, the Financial Assurance requirements in section 10.5.6, and a Closure and Post-Closure Plan as required by section 10.5.9. 189.6
10.5.2 GENERAL WASTE TIRE MONOFILL STANDARDS (E) (F) (G) (H) All Waste Tire Monofills shall maintain all weather access roads to those areas of active operation and as necessary to meet the fire control plan required by subsection 10.5.8(3) of these Regulations. All Waste Tire Monofills shall collect litter in order to avoid a fire hazard or a nuisance and control the growth of vegetation to minimize potential fuel sources. All Waste Tire Monofills shall maintain fencing of at least six (6) feet in height surrounding the entire perimeter of the facility and security measures which include, at a minimum, locked gates to preclude public entry. Prominent signs in English and any other language predominant in the area surrounding the facility shall be posted in public view at the entrance to each Waste Tire Monofill with the name of the facility, the hours which the facility is open for public use, a listing of the wastes accepted at the facility, and a phone number for a 24 hour emergency contact. A copy of the Certificate of Designation must be available for inspection at the site. The operator shall maintain a working telephone at each Waste Tire Monofill facility. During all stages of operation of a Waste Tire Monofill, the facility shall have an attendant who is responsible for site activities. A Waste Tire Monofill operator shall immediately notify the Solid Waste Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires. Within two weeks of this notification, the facility shall submit a written report describing the emergency to the Solid Waste Program. This report shall describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the problems generated by the emergency. All Waste Tire Monofills shall arrange for the processing into tire-derived product of at least 75% of the three year rolling average annual amount of waste tires, by weight or number of tires, that the Waste Tire Monofill accepted during the previous three calendar years. 189.7
(I) (J) Waste Tire Monofills shall arrange for the commercial hauling of waste tires only with a waste tire hauler who is currently registered pursuant to section 25-17-204, C.R.S. and section 10.3.2 of these Regulations. Waste Tire Monofills shall ensure that all waste tires collected at its facility are delivered to a waste tire monofill, a waste tire processor, a waste tire end-user or to a waste tire collection facility operating in compliance with the Act and the Regulations. 10.5.3 WASTE TIRE MONOFILL REGISTRATION REQUIREMENTS No person shall operate a Waste Tire Monofill without having received a Certificate of Registration from the Department. Applications for Certificates of Registration shall be submitted on Form WT-1 to the Solid Waste Unit within the Hazardous Materials and Waste Management Division of the Department. Form WT-1 is available at the Department s website. Certificate of Registration applications for operation of a Waste Tire Monofill shall include: (1) The business name of the Waste Tire Monofill and any other names under which the Waste Tire Monofill may do business; (2) The principal business address of the Waste Tire Monofill; (3) A business telephone number(s); (4) The name and address of the responsible officer of a corporate Waste Tire Monofill, or the owner(s) of a Waste Tire Monofill operating a proprietorship or a partnership; (5) The signature and date of signature of the Waste Tire Monofill applicant; and (6) Applicant shall attach the valid Certificate of Designation for the Waste Tire Monofill. The Department will mail a Certificate of Registration to applicant after approval of application. Certificates of Registration shall be maintained at the facility and made available for inspection. June 30, 2011 189.8
(E) (F) Certificates of Registration shall be valid for three (3) years from date of issuance, at which time a Waste Tire Monofill must re-register in accordance with this section. The Department will revoke a Certificate of Registration for failure to comply with the Act and the Regulations. 10.5.4 WASTE TIRE FACILITY DECAL An application for a Certificate of Registration pursuant to section 10.5.3 above, shall also serve as an application for a Waste Tire Facility decal. Waste Tire Monofills will receive a Waste Tire Facility decal from the Department along with its Certificate of Registration. Waste Tire Facility decals shall be valid for three (3) years from date of issuance, will establish an expiration date, and will have a unique number. Upon the expiration date, a Waste Tire Monofill must submit a new application for a Certificate of Registration pursuant to section 10.5.3 above. Waste Tire Monofills must post or affix their Waste Tire Facility decal to a prominent location at the address used to store/accumulate tires. 10.5.5 MANIFEST REQUIREMENTS No Waste Tire Monofill may accept a shipment of waste tires from a Waste Tire Hauler without an accompanying manifest properly completed pursuant to section 10.3.4 of these Regulations. Manifests for all shipments of waste tires accepted by a Waste Tire Monofill shall be maintained on-site at that facility and available for inspection for three (3) years from the date of delivery. No Waste Tire Monofill may offer a shipment of waste tires without an accompanying manifest properly completed by the Waste Tire Hauler pursuant to section 10.3.4 of these Regulations. Manifests for all shipments of waste tires offered by the Waste Tire Monofill shall be maintained on-site at that facility and available for inspection for three (3) years from the date of pick-up. 189.9
10.5.6 FINANCIAL ASSURANCE All Waste Tire Monofills shall maintain financial assurance for any required reclamation and for closure and post-closure care of the Facility in compliance with Section 1.8 of these Regulations. 10.5.7 REPORTING REQUIREMENTS All Waste Tire Monofills shall submit an annual report to the Department and local governing body having jurisdiction by May 1st of each year on the Waste Tire Facility Annual Reporting Form (Form WT-5). The annual report shall include the amount of waste tires received at the facility, how many waste tires were processed at the facility, and how many waste tires were shipped off-site from the facility for the preceding calendar year. The annual report shall include, in addition to the information in section 10.5.7 above, a Waste Tire Inventory Reduction Plan to be approved by the Department, and which, at a minimum, includes arrangements for processing into tire-derived product at least 75% of the three year rolling average annual amount of waste tires that the Waste Tire Monofill accepted during the previous three calendar years. (1) Each Waste Tire Monofill shall comply with the approved Waste Tire Inventory Reduction Plan by the end of the following year. (2) A Waste Tire Monofill may claim that information or data submitted in the Waste Tire Inventory Reduction Plan should be withheld as Confidential Business Information ( CBI ) or Trade Secret. The Department will hold information contained in the Waste Tire Inventory Reduction Plan as CBI/Trade Secret pursuant to section 7-74-102, C.R.S. and section 18-4-408(2), C.R.S. The burden of proving that the information or data is protected as CBI or Trade Secret shall be upon the party asserting the claim. 10.5.8 WASTE TIRE MONOFILL OPERATIONS PLAN Each Waste Tire Monofill shall have a Waste Tire Facility Operations Plan, approved by the Department, which shall, at a minimum, include all of the following: (1) General the Waste Tire Facility Operations Plan shall describe in detail: (a) Nature of the activity conducted at the facility; 189.10
(b) The capacity and type of equipment to be used at the facility; (c) All methods of waste tire processing and storage; (d) Means used to track inventory on a volume or weight basis; (e) Security measures; (f) How the facility intends to implement the requirements listed in Section 10.5.2 above; and (g) Annual training requirements for all employees on all approved facility plans described in Section 10.5.8, and how that training will be documented and verified. (2) Emergency Response Plan which includes: (a) General facility information including: (i) The facility name, mailing address and telephone number; (ii) The facility operator s name, mailing address and telephone number; and (iii) The property owner s name, mailing address and telephone number; (b) An emergency contact list including the names and telephone numbers of the persons and appropriate agencies to be contacted in case of emergency, including: (i) The Emergency Coordinator; (ii) The Facility Owner; (iii) The Facility Operator; (iv) The Local Fire Authority; and (v) Any additional numbers that may be needed; (c) Emergency Equipment available on site, including specific capabilities and uses. (d) A map showing the location of fire lanes, tire pile configurations, fire hydrants, power supply, and emergency response equipment; and (e) A description of emergency response procedures to be followed in the event of a fire or other emergency. (3) Fire Prevention, Training and Firefighting Plan which: (a) Includes specification of the Facility s fire lane locations and widths; (b) Includes means that are assumed to be used to extinguish fires; (c) Designates a Facility Emergency Coordinator; (d) Is written by a qualified professional in accordance with local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Safety in the Department of Public Safety. 189.11
(e) The Waste Tire Monofill shall comply with the applicable local fire codes or, where no code exists or the local code does not provide equivalent or greater level of fire protection, the fire code currently adopted by the Colorado Division of Fire Safety in the Department of Public Safety. (f) Includes specification for adequate water supply available for use by the local fire authority for firefighting. Owners and operators may demonstrate compliance with this requirement through alternative methods approved by the local fire authority; (4) Vector Control Plan which includes: (a) Provisions for storage of tires in a manner which prevents the breeding and harborage of mosquitoes, rodents, and other vectors by any of the following means: (i) cover with impermeable barriers, other than soil, to prevent entry or accumulation of precipitation, or (ii) use of treatments or methods, such as pesticides, to prevent or eliminate vector breeding as necessary. (b) If pesticides are used in vector control efforts, they shall be used in accordance with the Pesticide Applicators Act, section 35-10- 101, C.R.S. Exemption Waste Tire Monofills that have a valid Certificate of Designation on the effective date of these regulations, shall be exempt from this section 10.5.8 except when they re-new or re-apply for Certificate of Designation. 10.5.9 CLOSURE AND POST-CLOSURE CARE OF WASTE TIRE MONOFILLS All Waste Tire Monofills shall be closed and maintained in accordance with sections 2.5, 2.6, and 10.5 of these Regulations. CLOSURE REQUIREMENTS FOR WASTE TIRE MONOFILLS A closure plan shall be prepared as part of the Engineering Design and Operations Report and shall describe the steps necessary to close the waste tire facility at any point during its active life and at the end of the facility s active life. The facility may either: 1) close the waste in place as a solid waste landfill in accordance with these Solid Waste Regulations, or 2) remove all solid waste and residual contamination to meet unrestricted use concentrations. Option 2, also known as clean closure, eliminates 189.12
the need for post closure care. Both Option 1 and Option 2 require the owner or operator of a Waste Tire Monofill to develop a closure plan. (1) The closure plan, at a minimum, shall include the following information: (a) Provisions for removal of all solid waste at the site for purposes of clean closure; i. Proposed plans and procedures for sampling and testing soil based on visual identification of staining or other indications of residual contamination; ii. Provisions for sampling and analyses of soil for potential hazardous characteristics and provisions for final disposal. Soils will need to meet unrestricted use concentrations or background levels whichever is greater. (b) Provision for the consolidation and placement of residual wastes remaining on site; (c) Procedures for placement of final cover materials and final cover configurations. (2) General description of the site post-closure, including: (a) the final property contours, material and procedures to be used to cover the waste tires; (b) A description of final soil placement and establishment of plant life; (c) A description of anticipated post disposal land use; (d) A schedule for completing all activities necessary to satisfy the closure criteria of this section; and (e) An analysis of whether C.R.S. 25-15-320 will require an environmental covenant following closure. (3) Operators of all Waste Tire Monofills shall submit a Closure Report to the Department at the time of final closure. The report shall summarize the number or volume of tires disposed of in each pit, and phone number of person(s) responsible for post closure control of the facility. (4) At least sixty (60) days in advance of the proposed closure date, the owner or operator must notify the Department and the local governing authority and place signs of suitable size at the entrance to the site and facility. (5) The owner or operator of the facility must complete closure activities of the facility in accordance with the closure plan and within one hundred eighty (180) calendar days following the final 189.13
receipt of waste. Extensions of the closure period may be granted by the Department if the owner or operator demonstrates that closure will take longer than one hundred eighty (180) calendar days and the owner/operator has taken and will continue to take all steps to prevent threats to human health and the environment. (6) Following closure of an Waste Tire Monofill, the owner or operator shall comply with C.R.S. 25-15-320 unless the site is remediated to a condition that is suitable for unrestricted use, and if waste is left in place as part of the closure, record a notation in the chain of title specifying that the land has been used as a Waste Tire Monofill. A copy of the notation must be provided to the Department prior to recording for review and approval. (7) Closure Certification: A closure certification report is required to be submitted within sixty (60) calendar days of completion of closure activities which documents all the requirements and conditions of the closure plan have been achieved. The Report must be signed and sealed by a Colorado registered professional engineer and is subject to review and approval by the Department. POST-CLOSURE CARE AND MAINTENANCE REQUIREMENTS FOR WASTE TIRE MONOFILLS Post-Closure Activities: Following closure of the Waste Tire Monofill the owner or operator shall submit of a Post-Closure Care Plan within sixty (60) calendar days of determining that the waste tire facility was closed as a landfill that will include at least the following: (1) Provisions to prevent nuisance conditions; (2) Maintaining the integrity and effectiveness of the final cover, should waste be closed in place, including making repairs to the cover and replanting vegetation as necessary; and (3) Name, address, and telephone number of the person or office to contact about the facility during the post-closure period 189.14
10.6 - STANDARDS FOR WASTE TIRE PROCESSORS AND END- USERS 10.6.1 GENERAL In addition to the requirements imposed by this Section 10.6, all Waste Tire Processors and End-Users are subject to the requirements of Section 8 of these Regulations. 10.6.2 GENERAL STANDARDS FOR WASTE TIRE PROCESSORS AND END- USERS (E) (F) All Waste Tire Processors and End-Users shall maintain all weather access roads to those areas of active operation and as necessary to meet the fire control plan required by subsection 10.6.8(3) of these Regulations. All Waste Tire Processors and End-Users shall collect litter in order to avoid a fire hazard or a nuisance and control the growth of vegetation to minimize potential fuel sources. All Waste Tire Processors and End-Users shall maintain fencing of at least six (6) feet in height surrounding the entire perimeter of the facility and security measures which include, at a minimum, locked gates to preclude public entry. Prominent signs in English and any other language predominant in the area surrounding the facility shall be posted in public view at the entrance to each Waste Tire Processor or End-User with the name of the facility, the hours which the facility is open for public use, a listing of the wastes accepted at the facility, and a phone number for a 24 hour emergency contact. The operator shall maintain a working telephone at each Waste Tire Processor or End-User facility. During all stages of operation of a Waste Tire Processor or End-User, the facility shall have an attendant who is responsible for site activities. (G) A Waste Tire Processor or End-User operator shall immediately notify the Solid Waste Program within the Colorado Department of Public Health and Environment in the event of a fire or other emergency involving waste tires. Within two weeks of this notification, the facility shall submit a 189.15
written report describing the emergency to the Solid Waste Program. This report shall describe the origins of the emergency, the actions that have been taken, actions that are currently being taken or are planned, results or anticipated results of these actions, and an approximate date of resolution of the problems generated by the emergency. (H) (I) (J) (K) A Waste Tire Processor must process into tire-derived product at least 75% of the three-year rolling average annual amount, by weight or number, of waste tires that the Waste Tire Processor accepted during the previous three calendar years. A Waste Tire End-User must convert into an end product at least 75% of the three-year rolling average annual amount, by weight of tire-derived product that the Waste Tire End User accepted during the previous three calendar years. Waste Tire Processors and End-Users shall arrange for the commercial hauling of waste tires only with a waste tire hauler who is currently registered pursuant to section 25-17-204, C.R.S. and section 10.3.2 of these Regulations. Waste Tire Processors and End-Users shall ensure that any waste tires shipped off-site from their facilities are delivered to a waste tire monofill, another waste tire processor, another waste tire end-user or to a waste tire collection facility operating in compliance with the Act and the Regulations. 10.6.3 WASTE TIRE PROCESSORS AND END-USERS REGISTRATION REQUIREMENTS No person shall operate a Waste Tire Processor or End-User facility without having received a Certificate of Registration from the Department. Applications for Certificates of Registration shall be submitted on Form WT-1 to the Solid Waste Unit within the Hazardous Materials and Waste Management Division of the Department. Form WT-1 is available at the Department s website. Certificate of Registration applications for operation of a Waste Tire Processor or End-User shall include: (1) The business name of the Waste Tire Processor or End-User and any other names under which the Waste Tire Processor or End- User may do business; 189.16
(2) The principal business address of the Waste Tire Processor or End-User; (3) A business telephone number(s); (4) The name and address of the responsible officer of a corporate Waste Tire Processor or End-User, or the owner(s) of a Waste Tire Processor or End-User operating a proprietorship or a partnership; and (5) The signature and date of signature of the Waste Tire Processor or End-User applicant. (E) (F) The Department will mail a Certificate of Registration to applicant after approval of application. Certificates of Registration shall be maintained at the facility and made available for inspection Certificates of Registration shall be valid for three (3) years from the date of issuance, at which time a Waste Tire Processor or End-User must reregister in accordance with this section. The Department will revoke a Certificate of Registration for failure to comply with the Act and the Regulations. 10.6.4 WASTE TIRE FACILITY DECAL An application for a Certificate of Registration pursuant to section 10.6.3 above, shall also serve as an application for a Waste Tire Facility decal. Waste Tire Processors and End-Users will receive a Waste Tire Facility decal from the Department along with their Certificate of Registration. Waste Tire Facility decals shall be valid for three (3) years from the date of issuance, will establish an expiration date, and will have a unique number. Upon the expiration date, a Waste Tire Processor or End-User must submit a new application for a Certificate of Registration pursuant to section 10.6.3 above. Waste Tire Processors and End-Users must post or affix their Waste Tire Facility decal to a prominent location at the address used to store/accumulate tires. June 30, 2011 189.17
10.6.5 MANIFEST REQUIREMENTS No Waste Tire Processor or End-User may accept a shipment of waste tires from a Waste Tire Hauler without an accompanying manifest properly completed pursuant to section 10.3.4 of these Regulations. Manifests for all shipments of waste tires accepted by a Waste Tire Processor or End-User shall be maintained on-site at that facility and available for inspection for three (3) years from the date of delivery. No Tire Waste Tire Processor or End-User may offer a shipment of waste tires without an accompanying manifest properly completed by the Waste Tire Hauler pursuant to section 10.3.4 of these Regulations. Manifests for all shipments of waste tires offered by the Waste Tire Processor or End-User shall be maintained on-site at that facility and available for inspection for three (3) years from the date of pick-up. 10.6.6 FINANCIAL ASSURANCE All Waste Tire Processors and End-Users shall maintain financial assurance for any required reclamation and for closure and post-closure care of the Facility in compliance with Section 1.8 of these Regulations. 10.6.7 REPORTING REQUIREMENTS All Waste Tire Processors and End-Users shall submit an annual report to the Department and local governing body having jurisdiction by May 1st of each year on the Waste Tire Facility Annual Reporting Form (Form WT-5). The annual report shall include the amount of waste tires received at the facility, how many waste tires were processed at the facility, and how many waste tires were shipped off-site from the facility for the preceding year. For Waste Tire Processors, the annual report shall include, in addition to the information in section 10.6.7 above, evidence establishing that, during the previous calendar year, the Waste Tire Processor processed into tire-derived product at least 75% of the three year rolling average annual amount, by weight or number, of waste tires that the Waste Tire Processor accepted during the previous three calendar years. For Waste Tire End-Users, the annual report shall include, in addition to the information in section 10.6.7 above, evidence establishing that, 189.18