Scrap Tire Processing Facility Permit Application Worksheet - PUB2245

This document outlines requirements for submitting a completed Scrap Tire Processing Facility Permit Application MO 780-1597. This document pertains only to scrap tire processing facilities. The owner or operator of the scrap tire processing facility permit may complete this guidance document and use the completed guidance document along with the indicated attachments as the permit application. Three copies of the complete application must be submitted to the department's Waste Management Program.

A complete application package for a permit must contain the following items:

Application Administrative Requirements

• Completed permit application form
• Permit application fee
• Evidence of property ownership
• Evidence of compliance with local zoning requirements
• Violation History Disclosure Statement MO 780-1250 and Officer/Management Employee Summary Sheet MO 780-1042.
• Evidence of compliance with department water pollution control regulations
• Corporate or fictitious name registration with the Secretary of State

Site Plans and Operational Plans for:

• Storage
• Recordkeeping
• Closure plan
• Financial assurance instrument
• Contingency plan

Each of these requirements is further detailed on the following pages. Depending on site specific circumstances, the applicant may wish to obtain assistance from an attorney or a professional engineer in completing this application.

The Waste Management Program will conduct a preliminary review of the application to determine whether it contains sufficient information to conduct a technical review. Each of the items listed above must be submitted for a permit application to be considered complete.

The Waste Management Program will review each application for compliance with the Solid Waste Management Law and Rules. If the application does not adequately address these requirements, the program will send a comment letter to the applicant explaining the items that require clarification or further detail. If the information required is not received within 60 days, the application review may be terminated. Please note that an extension may be granted depending on case by case, site specific circumstances.

The applicant’s response to the department’s comment letter will also be reviewed for compliance with the Solid Waste Management Law and Rules. If this response does not adequately address these requirements, a second comment letter may be issued by the Waste Management Program. If the applicant’s response to the second comment letter is unsatisfactory, the application may not be approved for failure to adequately address the requirements of the Solid Waste Management Law and Rules. The $200 application fee is nonreturnable; however, if the application is revised and resubmitted for the same facility within timeframes established by the department, a new application fee may not be required.

The applicant must reimburse the department for all permit review costs incurred up to a maximum of $2,000. After completion of the review of the original application and attachments, the Waste Management Program will send an invoice to the applicant for review costs incurred. Payment must be received before the program will review subsequent submittals and before a permit will be issued. If the department’s review of the application reveals that the scrap tire processing facility application complies with the requirements of sections 260.200 – 260.345, RSMo and the corresponding rules, the department may approve the application and issue a permit.

Application Administrative Requirements
Permit Application Form - Complete an application form provided by the department. Each blank on the form must be completed, as applicable and the form must be signed by both the operator of the scrap tire processing facility and the property owner.

Permit Application Fee - The application must include a nonreturnable $200 application fee. The fee shall be paid by certified check or money order made payable to the Missouri Department of Natural Resources.

Evidence of Property Ownership - Provide verification that the “person” listed as the property owner is the owner of the property. A copy of the warranty deed will satisfy this requirement.

Evidence of Compliance with Local Zoning Requirements - The application must include an explanation of the local zoning and other local requirements. If required, zoning permits and local approvals must be obtained before the program will review the application.

The application must include one of the following:

• A copy of the letter(s) from the local governing authorities stating that there are no local requirements applicable to the scrap tire processing facility
• Copies of all required local permits, licenses, approvals or equivalents
• A letter from the local governing authorities unconditionally stating that all applicable permits, licenses, approvals or equivalents will be issued upon issuance of the department’s approval of the application
• A court order indicating that the owner or operator is exempt from local requirements

Violation History Information - As required by the Solid Waste Management Law, Section 260.241, RSMo, the department must consider the prior operating history of the applicant to determine if the applicant is a habitual violator of the laws and rules, which pertain to solid or hazardous waste. If an applicant is determined to be a habitual violator, this is considered grounds for denial of the application.

• Complete the Violation History Disclosure Statement MO 780-1250 and Officer/Management Employee Summary Sheet MO 780-1042. You may need to request assistance from an attorney in completing the violation history information.
• Evidence of Compliance with Water Protection Program Requirements - The application must include documentation verifying that the scrap tire processing facility is in compliance with the requirements of the department's Water Protection Program. For example, submit a copy of the storm water permit issued or a copy of the permit application filed with the Water Protection Program. Runoff protection must also be addressed in the Site Plans and Operational Plans section of this document. For further information contact the Water Protection Program at 573-751-1300.
• Evidence of Corporate or Fictitious Name Registration - Provide exact company name and Missouri Registration number. Submit a copy of the company’s registration certificate issued by the Missouri Secretary of State.

Site Plans and Operational Plans

Storage
Fire Protection (Inside Storage) - Whole, cut, chipped or shredded scrap tires stored indoors shall meet the fire prevention, exposure protection and firefighting access guidelines contained in the International Fire Code, 2006 edition. The 2006 International Fire Code, also known as 2006 IFC, may be purchased from the International Code Council by calling 888-422-7233.

Fire Protection (Outside Storage) - Submit topographic and boundary surveys prepared by a registered land surveyor showing contour intervals of 10 feet or less. This survey shall have a scale of not less than 1 inch equals 400 feet.

• The minimum distance between outside scrap tire storage and buildings must be in accordance with the 2006 IFC. The 2006 IFC describes the minimum required separation distance. The survey map must show the distance between tire piles (existing and planned) and buildings. If means other than separation distance are used to protect buildings, it must be documented.
• The minimum distance from adjoining properties must be no less than 50 feet and compliant with the 2006 IFC. If this clear space cannot be provided, a dirt berm 1½ times the pile height must be provided. The survey map must show the distance between the tire piles (existing and planned) and adjoining properties and the location of the dirt berms, if applicable.
• The maximum dimension of any single tire pile must not exceed an area of 5,000 square feet and 10 feet in height (50,000 cubic feet). The survey map must show the dimensions of the tire piles (existing and planned).
• The minimum distance between tire piles must be at least 40 feet in order to comply with the 2006 IFC. If this clear space cannot be provided, a dirt berm 1½ times the pile height must be provided. The survey map must show the distance between the tire piles (existing and planned) and the location of the dirt berms.
• If a dirt berm is to be used to comply with these requirements, the application must specify soil types, side slope grades and vegetation needed to produce a stable bank and minimize erosion. Procedures for maintaining the berm, its side slopes and vegetative cover throughout the life of the facility must also be included with the permit application. The plans for the berm must be prepared or approved by a professional engineer.

Submit a map depicting land use and zoning within 500 feet of the property boundaries, including the location of all residences, buildings, utilities, easements, wetlands, flood plains and sinkholes. This map shall have a scale of not less than 1 inch equals 400 feet.

Describe in detail how tires will be stored at the site to comply with the following requirements:

• Explain how the tires will be stacked. The method of stacking must be solid piles in an orderly manner.
• The distance between scrap tire storage and grass, weeds or brush must be at least 40 feet. Explain how the grass, weeds and brush will be controlled within 40 feet of the tire piles.
• The plans must describe the provisions for emergency and all-weather roadways planning. The local fire protection agency must be contacted for requirements and recommendations. The planning must include:
  • A description of the actions site personnel must take in case of fire
  • Evacuation procedures for site personnel and the surrounding community, if applicable
  • The procedures, materials and equipment to be used to prevent the spread of a fire to surrounding piles of tires, buildings and property
  • The procedures, materials and equipment to be used to extinguish the fire
  • Actions to be taken to prevent runoff from leaving the site
  • Specify the testing and follow-up requirements for proper disposition of any runoff, contaminated soil or debris resulting from a tire fire

The application must include documentation verifying the applicant has submitted the above plans for all weather roadways and for emergency planning to the local fire protection agency.

Documentation showing the local fire protection agency has verified that these plans are in compliance with local fire protection agency’s requirements and recommendations must also be included. All fire control measures must be discussed with and approved by the local fire protection agency.

Note: Requirements for water supplies are contained in the 2006 IFC. Several states’ experience with tire fires shows that water should not be used to extinguish a fire. If water is used to extinguish or control the fire, a discussion of how the runoff will be contained must be included.

If it does not present a hazard to the operator, bulldozers, front-end loaders and similar equipment may be used to:

• Move tires not yet involved in the fire
• To create breaks in the tire pile
• To cover burning tires with soil

Potential ignition sources must be eliminated (e.g. combustibles, welding and open fires are prohibited on-site), combustibles must be stored and protected, or removed. Safeguards must be provided to minimize the hazard of sparks from equipment. Describe the methods and procedures to be used to comply with these requirements.

Runoff Protection - Surface water drainage must be diverted around and away from the scrap tires. Surface water drainage must be considered so that tire piles remain stable and do not wash off-site. Also, if keeping the tires dry is the means for controlling vectors, surface water and rainwater must be kept out of the tires. Detail the methods for diverting surface water drainage away from the scrap tire piles and explain how these methods satisfy the above requirement.

Location - Scrap tire processing facilities shall not be located in a wetland, sinkhole or floodplain, unless protected against at least the 100 year flood design by impervious dikes or other appropriate means to prevent floodwaters from contacting the scrap tires.

Note: The Federal Emergency Management Agency produces a Flood Hazard Map. If this map is available in your area, it may be used to assist you or your consultant in determining whether your scrap tire processing facility is in a floodplain. Information concerning this map is available by contacting FEMA at 877-FEMA MAP.

Any wetlands, sinkholes or floodplains must be shown on the survey map and the land use and zoning map submitted with the application. Indicate whether the site or a portion of the site is located in the following areas:

• Wetlands - The scrap tires must not be stored in the portion of the site containing wetlands. The application must include documentation verifying that tires will not be stored in the portion of the site containing wetlands. The Corps of Engineers, the U.S. Fish and Wildlife Service, the Agricultural, Conservation and Stabilization Service, the Soil Conservation Service and the U.S. Environmental Protection Agency regulate the protection of wetlands. These agencies have a working document pertaining to the definition of a wetland. Contact these agencies directly if you have questions concerning regulations.
• Sinkholes - The scrap tires must not be stored within 100 feet of any sinkhole. The application must detail how the sinkhole will be protected to keep out the scrap tires and any potential runoff from a scrap tire fire. These plans and provisions must be prepared or approved by a professional engineer.
• Floodplain - The scrap tire processing facility must be protected against the 100 year flood design by appropriate means to prevent flood waters from contacting the scrap tires. Detail the provisions for protection of the scrap tire processing facility from the 100 year flood and provide an evaluation of the potential problems created by any modification of the flood flow due to the location of the site. These plans and provisions must be prepared or approved by a professional engineer.

Site Control - Scrap tire processing facilities shall be fenced or enclosed or otherwise made inaccessible. Signs must be posted to prohibit unauthorized entry.

• Describe the fencing or other method(s) for controlling access to the site. This must also be shown on the boundary map submitted with the application.
• List the wording to be placed on the signs and describe where the signs will be located at the site. Wording such as “ACCESS RESTRICTED TO AUTHORIZED SCRAP TIRE HAULERS ONLY” may be used.

Vector Control - To aid development of a vector control plan, applicants may request a Vector Control Plan Worksheet for the use of mosquito controlling insecticide.

Conditions shall be maintained that are unfavorable for the harboring, feeding and breeding of vectors. If the method being used to control vectors is not effective, the owner or operator of the scrap tire processing facility must use an alternative method to correct the vector problem.

The owner or operator of a scrap tire processing facility storing tires shall use one or more of the methods of vector control required by the scrap tire rules. Indicate which of the following four methods are used to control vectors:

• Tires are drained of water and kept dry.
  • Stored in a building, trailer or under cover. Describe how water is kept out of the trailer. Describe the cover and how it is maintained to be impermeable to water.
• Tires are altered so as not to retain water.
  • Explain how the tires will be altered and stored so that the tires do not retain water. Attach a diagram if necessary to show how the tires will be altered and stored.
• The tires shall be treated with a larvicide or an adulticide appropriate to prevent the development of mosquito larvae and pupae and the treatment shall be repeated as often as necessary to prevent such development. The effectiveness and life of the larvicide or adulticide used must be considered when determining the frequency of application.
  • Explain how the larvicide or adulticide will be applied so that it reaches all the tires in the tire piles.
  • Explain how the operator of the scrap tire processing facility will determine whether the larvicide or adulticide must be reapplied.
  • List the larvicide or adulticide to be used. Attach a copy of the instructions for mixing and application.
  • List the volume of larvicide or adulticide to be used, measured as a volume per 1,000 tires or a similar measurement.
• Another method will be used to control mosquitoes and other vectors.

Disposition - Scrap tire processing facilities are only for the temporary storage of scrap tires. Describe the plans for final disposition of the scrap tires.

Recordkeeping - All records required by the scrap tire processing facility regulation must be kept for at least three years. The period of record retention extends upon the written request of the department or automatically during the course of any unresolved enforcement action regarding the regulated activity. The records shall be made available for inspection by the department or its designee upon request. The records shall include, but are not limited to the following:

• Major operational problems, complaints and difficulties.
• The approximate number of tires received and removed each week, final disposition of removed tires and the name and permit number of each scrap tire hauler bringing tires to or removing tires from the processing facility. If hauling your own tires, receipts from the final destination must be retained. This information shall be summarized monthly.
• Records of vector control activities. For a scrap tire processing facility using a larvicide or adulticide for vector control, the records shall include the following:
  • If a registered pest control company applies the larvicide or adulticide, record the company name and the date of application.
  • If a registered pest control company does not apply the larvicide/adulticide, record type(s) of larvicide or adulticide used, amount used and date applied.

The Waste Management Program has developed a form for scrap tire processing facility recordkeeping entitled Scrap Tire Processing Facility Operations Records Form MO 780-1037. Indicate whether the facility will use the recordkeeping forms. If not used, attach copies of the recordkeeping forms used by the scrap tire processing facility that comply with the minimum recordkeeping requirements of the scrap tire rules.

Closure and Financial Assurance Instrument - To augment document compilation, applicants may request a Worksheet for Closure Plan and Financial Assurance to aid development of a closure plan and establishment of a financial assurance instrument.

Closure Plans - Plans for closure of the scrap tire processing facility need to include:

• Methods, time schedules and cost estimates for removal of all scrap tires.
• Site clean-up and restoration activities.
• The closure cost estimates:
  • Must reflect third party contractor costs.
  • The closure cost estimates will be reviewed and adjusted every five years based upon the actual rate of inflation for the preceding five years and the projected rate of inflation for the succeeding five years. This must be submitted to the department for review prior to the fifth anniversary date of permit issuance.
• The department must be notified in writing at least 90 days prior to the date the owner or operator expects to begin closure.
• The owner or operator shall begin implementation of the closure plan within 30 days after the closure date specified in the closure plan.
• As part of site closure, the owner or operator shall execute an easement with the department, which allows the department, its agents or its contractors, to enter the premises to complete work specified in the closure plan, to monitor or maintain the site, or take remedial action.
• If changes to the closure plans or cost estimates are necessary, modified plans and estimates must be submitted to the department for approval. This must be done prior to the implementation of the changes.

Removal, Clean-up Plans and Cost Estimates for the Site
Scrap tires shall be removed from the site and taken to a site or facility that has obtained applicable permits from the department, or a legal destination in another state. Specify the following:

• The name and address of the site(s) or facility(ies) that will be accepting the tires when your site is closed.
• The application must include a letter from the owner or operator of the site(s) or facility(ies) documenting the number of tires that will be accepted.
  • The letter(s) must also specify the cost charged to your processing facility for acceptance of these tires.
  • The cost estimates must be based on the maximum number of tires to be stored at the site.
• The application must include a letter or a copy of an estimate from a third party documenting the cost of loading and hauling the scrap tires to the receiving site(s) or facility(ies).
  • The cost estimates must be based on the maximum number of tires to be stored at your site.
  • List the maximum number of tires to be stored at your scrap tire processing facility.
• All other solid waste must be removed.
  • If the site were closed, list any other items that would require disposal as solid waste.
  • The application must include a letter or a copy of an estimate from a third party documenting the cost of removing this waste from the site and taking it to a facility that can properly manage waste.

Site Restoration Plans and Cost Estimates for the Site
Any contaminated soil, debris or residue must be removed from the site and taken to a facility that can properly manage the waste.

• If the scrap tire processing facility is closed, explain whether any contaminated soil, debris or residue will be present at the site requiring disposal.
• If contaminated soil, debris or residue is present, the application must include a letter or a copy of an estimate from a third party documenting the cost of removing this waste from the site and taking it to a facility that can properly manage the waste.
• Place topsoil and establish vegetation in a manner as to minimize erosion and control drainage.
• Specify the land requiring vegetation in square feet or acres. If all or part of the permitted scrap tire facility is not suitable for re-vegetating, explain why not.
• The application must include a copy of an estimate from a third party documenting the cost for re-establishment of vegetation at the site including topsoil, fertilizer, seed and mulch. This must include the cost of the third party to do the work.

You may wish to contact the University of Missouri Extension Center, the Department of Conservation or the Soil Conservation Service for guidance on establishing vegetation in your area.

Financial Assurance
The amount of the financial assurance instrument shall be based on the current costs of similar cleanups using data from actual scrap tire cleanup project bids received by the department to remediate sites of similar size.

The financial requirement for closure may be satisfied by establishing a trust fund or escrow account, securing a financial guarantee bond or a performance bond, obtaining an irrevocable letter of credit or insurance, or a combination of these. This requirement may also be satisfied by meeting a financial test and by using a corporate guarantee. A municipality or county may satisfy the requirements by signing a contract of obligation.

Documentation must be submitted showing:

• The maximum number of tires to be stored on-site.
• Complete Table 1.
• The application must include a draft of the proposed financial assurance instrument(s).

Table 1

Contingency Plan
A contingency plan designed to minimize the hazards to human health and the environment from fires and from mosquitoes in case of failure of the primary method of vector control shall be submitted. Information to be submitted includes:

• Emergency planning with the local fire protection agency.
• Documentation must be submitted verifying that the applicant provided a copy of the fire contingency plan to the local law enforcement agency.
• Describe the action site personnel must take if the vector control method previously documented in the application fails to adequately control vectors.

Reminder - Three copies of the completed application (guidance document with attachments, survey maps and zoning maps) and the $200 application fee must be submitted to the department in person or by certified mail. Please also be advised that an applicant’s responsibility to reimburse the department for review costs is required irrespective of whether the department approves or denies an application.