United States
Environmental Protection
Agency
vvEPA
Solid Waste and
Emergency Response
(5305W)
EPA-530-B-99-002
August 1999
http://www.epa.gov
State
Scrap
Programs
A Quick Reference Guide:
1999 Update
@ Printed on paper that contains at least 30 percent postconsumer fiber
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INTRODUCTION
Scrap tire management has been a serious concern over the past decade. Although great
strides have been made in reducing the size and quantity of scrap tire stockpiles, at least 800 million
scrap tires remain in stockpiles across the country. Many of the stockpiles continue to receive more
scrap tires each year. (See Tables 1 and 2, p. ii, for further information on scrap tire generation.) In
addition, in 1996, approximately 266 million scrap tires were generated in the United States. Since
the first scrap tire law was passed in 1985, 49 out of 50 States have addressed scrap tire
management through specific scrap tire laws and regulations or through State solid waste or
transportation legislation.
The Scrap Tire Management Council estimates that, in 1996, of the 266 million scrap tires
generated in the United States, approximately 24.5 million were recycled for purposes such as
ground rubber in products and asphalt highways, stamped products, and agricultural and
miscellaneous uses. An additional 10 million were beneficially used in civil engineering projects.
These civil engineering uses are presented separately from the recycling figure because, although
some are recycled into products such as artificial reefs or septic system drain fields, many are used
in landfill construction and operation. In addition, 152.5 million were combusted for energy
recovery, and 15 million were exported. The remaining 64 million were landfilled or disposed of in
either legal or illegal stockpiles.
The following information summarizes each State's scrap tire management legislation and
programs in a matrix for each State program. It is intended to provide State regulators, as well as
members of industry, with a quick reference on State scrap tire programs across the country.
The matrix for each State program contains eight sections. The "State Contact" section
provides the name, address, phone number, and fax number of the scrap tire program manager for
the State; websites and e-mail information are given when available. The "Legislation and
Regulations" section briefly outlines the history of scrap tire legislation for the State. The "Funding
Sources/Fees" section addresses the State funds and collection fees authorized by the State. The
"Collector, Seller, and Hauler Regulations" section summarizes the regulations that apply to these
entities. Similarly, the "Storage and Processor Regulations" and the "Disposal Restrictions"
sections outline relevant regulatory requirements. The "Financial/Market Incentives" section
discusses grants and other programs that foster better scrap tire disposal/recycling waste
management and reduction. The "Additional Information" section provides information about
activities of interest related to scrap tires in a particular State, such as special field tests or studies,
and innovative uses for scrap tires.
For the information contained in this publication, State Scrap Tire Programs: A Quick
Reference Guide, the U.S. Environmental Protection Agency (EPA) contacted all States for the
latest information (as of April 1998) on their programs. Overall figures for the information in this
"Introduction" are based on estimates in the Scrap Tire Management Council's Scrap Tire
Use/Disposal Study, 1996 Update, April 1997.
For further information on scrap tire management, contact the EPA Resource Conservation
and Recovery Act (RCRA)/Superfund Hotline, Monday through Friday, 9:00 a.m. to 6:00 p.m.
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Eastern Standard Time (EST). The national toll-free number is 800-424-9346. For the hearing-
impaired, the number is TDD 800-553-7672. A document on scrap tire management, Summary of
Markets for Scrap Tires, (Document No.: EPA/530-SW-90-074B, published October 1991), is
available through the hotline or by writing: RCRA Information Center, U.S. Environmental
Protection Agency, Office of Solid Waste (5305W), 401 M Street SW, Washington, DC 20460.
The full report, Markets for Scrap Tires (PB92115252), is available for $31.50 (subject to change)
from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA
22161, 703-487-4600.
Table 1
Scrap Tire Generation: 1996
Passenger replacement3 175,328,000
Light truck replacement3 27,605,000
Medium, wide base, heavy & large off-the-road3 11,139,000
Farm3 2,460,000
Tires from scrapped vehicles" 49,476,000
Total Scrapped Tires 266,008,000
U.S. Population 265,100,000
Rate of Scrappage 1.00 per person
3 Figures from Tire Industry Facts 1996, Rubber Manufacturers Association (in preparation).
b Estimates based on four tires per scrapped vehicle. Vehicle estimates for 1994 from the
Statistical Abstract of the United States, U.S. Department of Commerce.
Source: Scrap Tire Management Council. 1997. Scrap Tire Use/Disposal Study, 1996 Update,
Washington, DC.
Table 2
Estimated Destination for Scrap Tires in 1996
Destination
Recycled
Crumb Rubber
Cut/Stamped/Punched Products
Agricultural Uses
Miscellaneous Uses
Total Recycled
Beneficially Used in Civil Engineering
Combusted for Energy Recovery
Exported
Landfilled, stockpiled, or illegally dumped
TOTAL GENERATED
Percent of Generation
12.5
8.0
2.5
1.5
24.5 million
10 million
152.5 million
15 million
64 million
266 million scrap tires
9%3
4%3
57%3
6%3
24%
100%
' 202 million scrap tires, or 76% of the scrap tires generated in 1996, had markets. Adapted from Scrap Tire
Management Council, 1997. Scrap Tire Use/Disposal Study, 1996 Update, Washington, DC.
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ALABAMA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Disposal and Land Filling
Russell Kelly
Alabama Department of
Environmental Management
(ADEM)
Solid Waste Section
1751 Congressman W.L. Dickinson
Drive
P.O. Box 301463
Montgomery, Alabama 36130-1463
Telephone: 334-271-7771
FAX: 334-279-3050
Recycling
Michael Forster
Alabama Department of Economic
and Community Affairs
P.O. Box 5690
Montgomery, Alabama 36103-5640
Telephone: 334-242-5336
FAX: 334-242-0552
Permitting for Storage
Anthony Spencer
Alabama Department of Public
Health
(RSA Tower, Suite 1250)
Bureau of Environmental Services
P.O. Box 303017
Montgomery, Alabama 36130
Telephone: 334-206-5373
FAX: 334-206-5788
Alabama's Solid Waste Act was passed in May 1989.
Not addressed in legislation.
Not addressed.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Facilities that process and/or
store tires must have a health
permit.
A manifest record showing
origin of tires delivered to site
and destination of tires leaving
the site, tire stacking
dimensions, separation
distances and site description is
also required.
Disposal facilities must have a solid waste permit.
Not addressed.
Three monofills for tires are permitted and
operating.
In 1990, the State legislature required that
a study be performed to plan for improved
scrap tire management in the State. A
Tire Recycling Center was established at
Gladsden State Community College in
1990 to conduct this study. It was
completed in August 1991.
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ALASKA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Glenn Miller
Alaska Department of
Environmental Conservation
410 Willoughby Avenue
Juneau, Alaska 99801-1795
Telephone: 907-465-5153
FAX: 907-465-5362
E-mail: gmiller@envircon.state.ak.us
David Wigglesworth
Anchorage Office
Telephone: 907-269-7582
FAX: 907-269-7600
Tony Barter
Alaskan Department of
Transportation and Public Facilities
500 East Tudor
Anchorage, Alaska 99507
Telephone: 907-269-6230
FAX: 907-269-6231
No scrap tire legislation at the present time.
The Alaska program is funded 100%
from the State's general fund.
No specific regulations.
Storage and Processor Regulations
• Not applicable: no tire piles
exceeding 500,000 tires are
known to exist.
Disposal Restrictions
• Not addressed.
Financial/Market Incentives
• Recycling bill gives bidders' preference
to recycled products.
Additional Information
• The Alaskan Department of
Transportation was the first in the United
States to field test rubberized asphalt.
IV
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ARIZONA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Sal Tandean or Barry Abbot
Arizona Department of
Environmental Quality (ADEQ)
Solid Waste Section
Waste Programs Division
3033 North Central Avenue
Phoenix, Arizona 85012
Telephone: 602-207-2226
FAX: 602-207-2383
The Scrap Tire Law (HB 2687,
Chapter 389) was passed in July
1990 and took effect on September
27, 1990.
SB 1252, which took effect in
September 1991, amends the Scrap
Tire Law.
HB 2144, which took effect
September 30, 1992, also amends
the Scrap Tire Law.
SB 1024 and 1228, both of which
took effect in July 1997, amend the
Scrap Tire Law.
A waste tire fund was established in
September 27, 1990. Monies are raised
through a 2% sales tax (not to exceed $2/tire)
on the retail sales of new tires.
Counties receive a share of the waste tire
fund based on the number of vehicle
registrations in each county.
New car dealers can charge a maximum of
$1/tire at the sale of a new car. New car
dealers can charge a greater amount if they
specify the dollar amount and its purpose.
The 1997 amendment of the law extends the
2% new tire sales fee program to December
31, 2002.
Retail tire sellers must accept waste tires from customers
at the point of transfer.
Scrap tire collection sites must be approved as a solid
waste facility by the Department of Environmental Quality.
Scrap tire collection sites must require, and tire sellers
must show, a manifest for disposal of waste tires at the
site.
DEQ registration is required for all collection sites.
State-funded waste tire collection sites must accept up to
five tires per person per year from county residents with no
fee assessed; they must accept waste tires from retail
sellers of new tires with no fee. However, if a county can
demonstrate that the funds it receives from the waste tire
fund are insufficient to manage its program, then the
county may charge a fee for disposal.
A county or private enterprise receiving a contract or grant
for tire management activities must provide at least one
waste tire collection site in the county and may not refuse
to accept waste tires from designated dealers.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
A site at which 5,000 or more scrap
tires are stored outdoors on any day
is subject to self certification
requirements including the financial
assurance requirement.
A site at which more than 500 and
fewer than 5,000 tires are stored on
any day is subject to waste tire best
management practices.
A site at which more than 100 and
fewer than 500 tires are stored is
subject to proper storage practices
outlined in the statute.
A site at which fewer than 100 tires
are stored is subject to local zoning
and fire codes.
As of January 1992, whole tires are banned from
disposal in landfills. Chopped or shredded tires can be
monofilled, but not landfilled. Chopped or shredded
tires can also be used as waste tire daily cover at a solid
waste landfill after ADEQ specifies the size of the parts
into which the material must be cut.
Rules were passed by the State's Regulatory Review
Council in November 1992 that affect the disposal of
scrap tires generated at mining facilities. Burial of tires
generated at mining facilities will be permitted on-site for
a period of 5 years. Companies must report to the DEQ
the number of tires buried and allow inspection of tire
disposal operations.
Scrap tire manifests are required for disposal of tires at
a collection site.
The waste tire fund established in 1990
is used to provide funds to counties for
use in contracting with private
enterprises for waste tire processing
and/or collection facilities.
A permit to burn a tire-derived fuel can
be issued by ADEQ if it is
demonstrated that the burning will
result in equal to or lower emissions
than the burning of other types of fuel
permitted by the Department and the
applicant has met all requirements of
Titles I and V of the Clean Air Act. As
part of the demonstration, previous
tests approved by EPA shall be
accepted by ADEQ.
Extensive field demonstrations and tests of
rubberized asphalt have been performed
over the past 20 years by the City of
Phoenix.
An Arizona crumb rubber facility has been
in operation to process 3.5 million scrap
tires annually for use in rubberized asphalt
(90%), rubber hose, and other products
(10%).
An Arizona cement kiln has an air quality
permit to burn waste tires.
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ARKANSAS
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Elizabeth Hoover
State of Arkansas
Department of Pollution Control
and Ecology
Solid Waste Division
P.O. Box 8913
Little Rock, Arkansas 72219-8913
Telephone: 501-682-0583
FAX: 501-682-0611
Act 752, enacted in 1991, establishes regional solid waste
management authorities and requires authorities to provide
collection centers for tires.
Act 748, enacted in 1991, provides for an income tax credit
for equipment used exclusively to reduce, reuse, or recycle
solid waste.
Act 749, enacted in 1991, requires tire regulations to be
written. These regulations were promulgated in July 1992.
The Act includes language regarding the hauling, storage,
and disposal of tires and requires permits for these
activities.
Act 1292, enacted in 1997, establishes the current tire retail
sales tax. It also mandates additional reporting
requirements for tire retailers and new motor vehicle
dealers.
Monies collected are placed in the
Waste Tire Management Fund to
provide grants for tire cleanup,
recycling, and the establishment of
waste tire collection centers.
The Tire Grant Program sets aside 10%
of total grant funds for special grants to
districts for the removal of tires from
illegal disposal sites.
Since July 1991, there is a $1/tire fee
on all tires imported into Arkansas for
disposal.
Since August 1997, a $1.75/tire retail
sales tax is collected. Each Regional
Solid Waste Management District
(RSWMD) is allowed to assess a
separate fee on truck tires-no more
than $4-since January 1, 1998.
Permits are required for haulers of scrap
tires handling more than 25 tires per load.
Collection centers must be permitted.
Sellers are required to file monthly returns
with the Department of Finance and the
applicable solid waste management district
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Storage sites with over 1,000
tires must be permitted as a
processing facility.
Since July 1992, whole tires have been banned from
landfills. Scrap tires can be landfilled if they are cut, sliced,
or shredded, or they can be monofilled.
An income tax credit is available to
businesses engaged in the reduction,
reuse, or recycling of solid wastes.
A 10% price preference is given for the
purchase of retreads for State vehicles.
If the retread tires were produced in
Arkansas, an additional 1% price
preference is added.
A 30% income tax credit is available to
waste management companies that
invest in equipment used to reduce,
reuse, or recycle solid waste, including
scrap tires.
VI
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CALIFORNIA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
General
Tom Ditsch
California Integrated Waste
Management Board (CIWMB)
Waste Prevention and Market
Development Division
8800 Cal Center Drive
Sacramento, California 95826
Telephone: 916-255-2578
FAX: 916-255-2222
E-mail: tdietsch@ciwmb.ca.gov
Web site: http://www.ciwmb.ca.gov
Regulations and Permitting
Cody Begley
California Integrated Waste
Management Board
Permitting and Enforcement
Division
8800 Cal Center Drive
Sacramento, California 95826
Telephone: 916-255-4165
FAX: 916-255-4071
Web site: http://www.ciwmb.ca.gov
SB 1322 was passed in 1989. It allows the Department of General
Services and the California Integrated Waste Management Board
(CIWMB) to promulgate regulations for State purchase of retread tires
and requires the use of retreads on State vehicles (other than high-
speed vehicles) after July 1, 1991.
Under Assembly Bill 1843 (1989), the CIWMB was required to develop
a permit program for waste tire facilities; set up a tire recycling program
to reduce the landfilling of whole tires; and report to the legislature on
the feasibility of using tires as a fuel supplement in cement kilns, lumber
operations, and other industrial processes. The permit program and
recycling program have been in place since 1993. The feasibility report
has been completed.
CIWMB's final regulations for minor and major tire facilities went into
effect in 1993.
AB 1306 requires that the California Department of Transportation
(CalTrans), with CIWMB, review and modify all bid specifications for
paving materials to encourage use of recycled materials, including
scrap tires.
New legislation regulating waste tire haulers was adopted in May 1996.
Since July 1, 1990, a $1.00/tire
fee is collected on all tires at
point of sale. The fee
generates $3 million to $4
million annually for the
California Tire Recycling
Management Fund. The
CIWMB is administering the
fund.
Transporters hauling more than four
tires must register with CIWMB.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Since July 1, 1992, new major
waste tire facilities (over 5,000
stored tires) must obtain a
major waste facility permit from
the CIWMB. Permit
requirements include fire
prevention, security and vector
control measures, tire pile size
and height limits, closure and
pile reduction plans.
In February 1992, the CIWMB
issued requirements for
obtaining a minor (under 3,000
tires) waste tire facility permit.
Since January 1, 1993, whole tires
have been banned from landfills.
• A 5% purchase price preference is available for State-purchased
products made from materials derived from used tires.
• The CIWMB has a grant and loan program to encourage the
recycling of tires.
• The CIWMB has the authority to issue grants and loans to qualified
companies engaged in tire recycling, reuse, recovery or reduction
operations, including tire shredding, crumb rubber production,
pyrolysis, and the manufacture of products from scrap tires.
• The CIWMB is mandated to designate market development zones
and provide economic and regulatory incentives to businesses within
these zones for producing end products made with no less than 50%
recycled material.
• Grants are made to Local Enforcement Agencies.
Stabilization and remediation of waste
tire sites.
Conferences and workshops to
promote recycling.
Collection and analysis of emissions
data from facilities using TDF.
Civil engineering investigations.
Local fire authority training.
Emissions testing at coal-fired
cogeneration facilities.
Rubberized asphalt concrete technical
assistance center.
VII
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COLORADO
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
General
Glenn Mallory
Colorado Department of Public
Health and Environment
Hazardous Materials and Waste
Management Division
HMWMD-SWIM-B2
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
Telephone: 303-692-3445
FAX: 303-759-5355
Market Incentives
Solid waste regulations affecting scrap tire
management became effective in May 1988.
These regulations govern the final disposal of
tires and regulate any site containing 10,000
or more tires as a solid waste facility.
An enforcement program is in place.
Steve Johnson
Colorado Housing and Finance
Authority
1981 Blake Street
Denver, Colorado 80202
Telephone: 303-297-7363
FAX: 303-297-2615
Since January 1, 1994, retailers of new tires or of new or
used motor vehicles collect a recycling development fee
of $1/tire on any waste tire to send to the State's
Department of Revenue for deposit in the Waste Tire
Recycling Development Cash Fund (Fund). Retailers
and the Department of Revenue each can retain up to
3-1/3% of the fee for administrative costs.
Tires that are recapped or otherwise reprocessed for use
are exempt from the fee.
Not addressed.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
A facility is limited in the number
of tires it can accept to the
number it can process, store,
recycle, or dispose of in a year.
Storage requirements include
fire control, security measures,
access roads, and proper solid
waste and environmental
permits.
Safe storage is defined as
placing tires or tire shreds in
trenches and covering them
with sheets of plastic and dirt.
Not addressed.
A 20% tax credit for recycling equipment purchases.
Market incentives from the Fund are administered by the
Colorado Housing and Finance Authority.
Fund money may be loaned to local governmental
entities but only if no private individual or entity in the
geographic area served by the government entity is
engaged in the waste diversion or recycling projects of
waste tires.
At least 15% of the Fund is available to individuals or
entities engaged in waste diversion or recycling programs
in rural areas of the State.
No less than 30% of the Fund is available for new
businesses to be used for startup costs, and no more
than 34% may be awarded to a single individual or entity.
Moneys provided must not be the sole source of funding.
VIM
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CONNECTICUT
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Carey Hurlburt
State of Connecticut
Department of Environmental
Protection
Waste Management Bureau
Planning and Standards Division
79 Elm Street
Hartford, Connecticut 06106-5127
Telephone: 860-424-3248
FAX: 860-424-4081
Guidelines for Rubber Tire Storage Areas (1978-80).
Tires are managed as a special waste under the
Connecticut General Statutes, which became effective
February 1985.
The State Mandatory Recycling Act designates tires as
future recyclables.
Not addressed.
Any tire handler must comply with the
regulations set out in the Connecticut
General Statutes.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Tire storage facilities must be
licensed by the Department of
Environmental Protection.
Requirements include ground
water protection, environmental
health and safety provisions and
financial assurance.
Tires may be accepted at landfills until there are sufficient
facilities with tire recycling capabilities in the State.
State has a 10% price preference for
products made from recycled materials.
A 300 ton/day scrap tire-to-energy facility
is now operating in the town of Sterling. In
1991, tires began to be diverted from
landfills to a waste-to-energy facility in the
State. The facility operates in Sterling,
CT, and is burning approximately 106,600
tons (10 million tires) annually.
IX
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DELAWARE
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Janet Manchester
Delaware Department of Natural
Resources and Environmental
Control
Division of Air and Waste
Management
Solid Waste Management Branch
89 Kings Highway
P.O. Box 1401
Dover, Delaware 19903
Telephone: 302-739-3820
FAX: 302-739-5060
Web site:
http://www.dnrec.state.de.us
E-mail:
jmanchester@dnrec.state.de.us
No scrap tire legislation at the present time. However, tires
are being managed as either a solid waste or recyclable
material under existing solid waste regulations.
New Regulation (1997) prohibits outdoor storage of tires
without first obtaining a permit from the State Fire Marshal's
office. (See Delaware State Fire Prevention Regulations,
Part VI, Chapters.)
Not addressed.
Scrap tire haulers are not required to be
permitted or registered. Tire haulers are
exempt from the $300 fee for solid waste
transporters.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Permit must be obtained from
State Fire Marshal for outdoor
storage.
The State's three sanitary landfills are permitted to accept
tires for landfilling provided that the tires are shredded or
split. Whole tires in excess of 10 per truckload are
prohibited from being landfilled.
The State's Green Industries Initiative
provides tax incentives and/or low
interest loans to business and industry
to use recycled materials in
manufacturing or to process
recyclables. To date, two loans have
been given out under this program,
including one to a crumb rubber
operation.
The landfills have implemented a tipping
fee of $95 per ton for whole tires, which
they divert to a tire-to-energy facility.
Shredded and sliced tires are accepted at
the regular tipping fee of $58.50 per ton.
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FLORIDA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Bill Parker
State of Florida
Department of Environmental
Protection
Solid Waste Section MS-4565
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Telephone: 904-488-0300
FAX: 904-414-0414
E-mail: parker_b@dep.state.fl.us
SB 1192, enacted in 1988, is the Solid Waste Act. Scrap
tires are addressed by the Act.
Section 62-711 of the Florida Administrative Code defines
terms and contains rules for handling and disposing of
waste tires.
A $1/tire tax on the retail sale of new
tires.
Retreads are exempt.
Waste tire collectors must be registered
with the Department of Environmental
Protection.
Collection centers must have a permit.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Waste tire sites must be closed
or located at a permitted facility.
Processing or disposal facilities,
collection centers, and mobile
operators must have a permit.
Tires must be cut into at least eight pieces prior to
landfilling.
Counties receive grants that can be
used to buy products made from waste
tires.
Florida Department of Transportation
specifies rubber modified asphalt for all
surfacing contracts.
Waste tires are used as fuel in cement
kilns, power plants, and paper mills.
Shredded tires are used above the liner in
landfill construction.
XI
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GEORGIA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Denny Jackson
Scrap Tire Management Program
Georgia Department of Natural
Resources
4244 International Parkway
Suite 104
Atlanta, Georgia 30354
Telephone: 404-362-4500
FAX: 404-362-2693
E-Mail:
denny_jackson@mail.dnr.state.ga.us
Web site: http://www.dnr.state.ga.us
HB 1385, a recycling amendment to the 1990 State Solid
Waste Management Act that includes tires, was passed in
May 1992.
Georgia's Waste Tire Committee and regulators from the
EPD have written proposed carrier and generator rules
required by HB 1385. They were promulgated in
December 1992 and were effective January 1993.
As of July 1, 1992, there is a $1/tire
management fee on the sale of new
passenger and truck tires.
HB 1385 requires generators of scrap tires
to obtain an identification number.
Carriers must obtain permits including
financial assurance.
HB 1385 establishes a manifest/tracking
system for scrap tires.
Retail dealers must keep accurate records
and report to the EPD quarterly on the
number of new replacement tires sold.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
No one may store more than 100
scrap tires anywhere in the State.
Exceptions include:
- Solid waste disposal sites with
a permit to store scrap tires
prior to disposal;
- Tire retailers, if the number of
scrap tires stored is under
3,000;
- Tire retreader with not more
than 1,500 scrap tires, if the
tires will be retreaded;
- Auto salvage yards with not
more than 500 scrap tires in
storage.
Storage and processing facilities
must comply with pile dimension
requirements.
Processors of scrap tires must
recycle 75% of incoming tires per
quarter.
Since January 1, 1995, whole tires have been banned from
landfills. Shredded or chopped tires can be landfilled if no
other end markets are available.
Monies generated by the state fees are
used for:
S Scrap tire abatement projects by
State contractors;
S Grants to local governments for
enforcement and educational
programs;
S Reimbursements to local
governments for scrap tire recycling
events;
S Reimbursements to local
governments for scrap tire pile
cleanup projects;
S Grants to universities and
governmental agencies for innovative
technology development.
The EPD is gathering information on the
locations and number of tires in
unpermitted tire stockpiles in the State.
Criteria for scrap tire dump abatement
were developed in 1993.
XII
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HAWAII
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
John Harder
Hawaii Department of Health
Office of Solid Waste Management
Suite 210
919 Ala Moana Boulevard
Honolulu, Hawaii 96813
Telephone: 808-586-4240
FAX: 808-586-7509
Effective July 1, 1994, Chapter 342I, Hawaii Revised
Statutes (H.R.S.) prohibits the disposal of whole used motor
vehicle tires at all landfills and incinerators within the State
of Hawaii. Tire retailers are required to accept used tires in
exchange for new ones purchased. There is no tax on the
retail sale of tires.
To date there is no tire advance
disposal fee.
No specific regulations.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Tire storage, shredding and
processing facilities are now
required to seek permit approval
as described in Hawaii
Administrative Rules Title 11,
Chapter 58.1, "Solid Waste
Management Control."
Since July 1, 1992, whole tires have been banned from
landfills and incinerators within the State of Hawaii.
The Department of Accounting and
General Services has finalized (under
legislative direction) its procurement
rules and specifications. They include
a 10% preference for products made
with recycled materials, including
retread tires. The rules were
promulgated by mid-1993.
Shredded tires are sold to a coal plant for
use as fuel.
XIII
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IDAHO
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Todd Montgomery
State of Idaho
Division of Environmental Quality
(DEQ)
1410 North Hilton Street
Boise, Idaho 83720
Telephone: 208-373-0464
FAX: 208-373-0417
HB 352, passed in March 1991, addressed
acceptance of scrap tires, collection sites, and
disposal of scrap tires.
A $1/tire fee on the retail sale of motor vehicle tires,
established as part of HB382, sunsetted June 30,
1996.
No specific regulations.
Tire sellers must accept a number of
scrap tires from consumers for
disposal/recycling equal to the number of
tires sold/year.
Scrap tire collection sites must register
with the DEQ.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
An owner or operator of a waste
tire collection site must register
with the Division of
Environmental Quality and
provide information concerning
the site's location and size and
the approximate number of
waste tires that are stored at the
site.
Disposal of tires at landfills and incineration
sites is banned (except as allowed under
permissible fuel uses), effective July 1, 1993.
Since January 1, 1993, tires must be
disposed of at scrap tire collection sites.
Each county was required to establish a
program addressing waste tire disposal by
October 1, 1992.
The Waste Tire Grant program is no longer in
existence.
XIV
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ILLINOIS
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
General
Alan Justice
State of Illinois
Department of Commerce and
Community Affairs (DCCA)
Bureau of Energy and Recycling
325 West Adams
Room 300
Springfield, Illinois 62704-1892
Telephone: 217-785-3999
FAX: 217-785-2618
Regulations and Cleanup
Paul Purseglove
Illinois EPA
Bureau of Land
1001 North Grand Avenue East
Springfield, Illinois 62702
Telephone: 217-524-5597
FAX: 217-524-1991
HB 1085 (PA 86-452), enacted August 31, 1989, amended the
Environmental Protection Act to create the Used Tire Management
Program. Financial assistance can be provided to local governments for
cleanup of tire piles, development of markets for tire-based products, and
regulations to control mosquito infestations in tire piles.
SB 989 (PA 87-727), enacted September 23, 1991, further amended the
Environmental Protection Act by establishing a new fee on tires sold,
setting priorities for how monies generated are earmarked, requiring tire
retailers to accept used tires for recycling, and requiring the development
and implementation of a plan to eliminate large tire piles. The Act also
created a waste management hierarchy for used tires generated.
HB 1159 (PA 87-476) enacted September 13, 1991, amended the Civil
Administrative Code of Illinois by requiring the Illinois Department of
Central Management Services to develop and implement a program to
use retreads as replacement tires on State-owned vehicles whenever
possible.
Title 14, Section 55.8(c), of the Illinois Environmental Protection Act
authorizes retailers to enter agreements with their suppliers to have the
supplier remit the $1/tire fee collected to the State.
The State has regulations that apply to generators, transporters, and
processors of used and waste tires. The regulations are Part 848 of the
Illinois Pollution Control Board's regulations.
Since July 1, 1992, any person
offering tires at retail sale in Illinois
must collect a fee of $1/tire sold and
delivered in the State. After collection
allowances are paid to the retailer and
the Illinois Department of Revenue,
$0.80 of each dollar is deposited into
the Used Tire Management Fund.
Approximately $7 million is expected
to be generated annually.
Final rules for licensing scrap tire
transporters were finalized in 1990.
Since July 1, 1992, any person
offering tires for retail sale must
accept for recycling one used tire for
every tire sold.
Since July 1, 1992, any person
offering tires for retail sale in Illinois
must post a written notice that
includes the universal recycling
symbol and the following statement:
"DO NOT put used tires in the trash";
"Recycle your used tires"; and "State
law requires us to accept used tires
for recycling, in exchange for new
tires purchased."
Any retailer that collects used tires for
recycling under PA 87-727 may not
allow the tires to accumulate for a
period of more than 90 days.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Since April 1991, scrap tire storage facilities are
requested to limit tire pile size, and ensure that
water does not accumulate in tires. Site owners
must maintain daily records of tires received
and/or processed.
Sites with more than 5,000 tires are required to
have financial insurance to cover the cost of site
cleanup.
Since January 1992, processors have been
regulated. Provisions include ensuring that tires
are processed in a manner that prevents water
accumulation.
Since January 1, 1992, no one can operate a tire
storage site containing more than 50 used tires
unless the site has been registered with the Illinois
Environmental Protection Agency. Registered
sites must report the number of tires accumulated,
the status of vector control, and the actions to
handle and process the tires.
Since July 1, 1994,
whole tires are
banned from
landfills.
A portion of the money generated from the $1/tire fee imposed by PA
87-727 will be available to the Illinois DCCA to provide
manufacturing/processing grants and loans,
procurement/demonstration grants, research/development grants, and
marketing grants.
The Illinois DCCA Used Tire Recovery Program awards grants and low
interest loans to expand existing used tire processing facilities in the
State and to promote beneficial end uses of tires. For example, the
Program has provided funding to:
S Waste Recovery - Illinois for the purchase of equipment to process
scrap tires into tire-derived fuel;
S Laidlaw Waste Systems, Inc. to build a roadway with waste tire-
derived material as an insulating road base;
S Over 100 schools, colleges and universities to assist in the purchase
of outdoor, all-weather running tracks made from tire-derived
material;
S Construct, with tire-derived materials, over 150 playgrounds and over
40 horse arenas;
S Illinois Cement Company to purchase a feeding system to introduce
whole tire-derived fuel into their cement kiln.
The Illinois Environmental Protection
Agency (EPA) may allow, on a case-by-
case basis, the use of alternative
materials, including shredded tire
material, to serve as a daily cover at
sanitary landfills.
Illinois has an active tire cleanup program.
The State will remove up to 1,000 tires
from private property at no expense
provided the property owner agrees to no
further accumulations. The State has a
law, Section 55.3 of the Illinois
Environmental Protection Act, that allows
EPA to order a property owner to remove
tires from his or her property and follows
up with a State removal and cost recovery
if the owner is unwilling or unable to
comply. The Illinois EPA averages 100
cleanups each year, with 1.5 to 2 million
tires removed from open dumps yearly.
XV
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INDIANA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
General
Debby Baker
Indiana Department of
Environmental Management
(DEM)
Office of Solid and Hazardous
Waste
100 N Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
Telephone: 317-232-0066
FAX: 317-232-3403
Market Incentives
Jose Evans
Energy Policy Division
Indiana Department of Commerce
One N. Capitol Avenue, Suite 600
Indianapolis, Indiana 46204
Telephone: 317-232-8951
FAX: 317-232-8995
HB 1391, signed into law March 1990, established regulations
on the disposal of lead acid batteries and waste tires.
HB 1056, an act amending HB 1391, was passed in 1990.
When HB 1056 sunsetted, it was replaced by HB 1047, which
requires that rules be written on tire storage and transport. HB
1047 also extended the life of the Waste Tire Task Force.
PL 19, passed in 1990, created the Waste Tire Management
Fund and established a price preference for recycled materials,
including retread tires.
PL 236, passed in 1991, affects tire retailers, wholesalers,
haulers, and processors. Haulers must comply with 329
Indiana Code (IAC) 12-6. Processors must comply with 329
IAC 12-5.
PL 88, passed in March 1992, set up a registration system for
storage of waste tires. Storage sites must comply with the
registration and operational requirements of 329 IAC 12-5.
Article 15 for waste tire management is expected to be
promulgated in 1999.
As of July 1991, a waste tire
management fund was created.
- 35% is for removal and disposal of
improperly disposed tires and for
operating the waste tire education
program and to pay administrative
expenses;
- 65% assists the Department of
Commerce to provide grants and
loans to people involved in waste
tire management activities and to
pay administrative expenses.
The fund is supported by a $0.25 fee
assessed on each new tire sold in
Indiana and is administered by the
Indiana Department of Environmental
Management.
Provisions and permit fee amounts have
been established for registering scrap tire
haulers.
Tire retailers are required to post a notice in
the establishment advising customers that
the retailer is required to accept the
customers' used tires for recycling.
Retailers must retain one used tire for each
new tire sold.
A manifest form is required for shipment of
scrap tires from a generator to a disposal or
processing facility.
Haulers transporting more than 20 scrap
tires in Indiana must register with IDEM and
comply with the requirements of 329 IAC
12-6, which includes manifesting.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
A permit is required for scrap tire
storage facilities.
Most facilities that cut, shred or
grind tires are required to be
registered as a waste tire
processing facility. The
following facilities are not
required to be registered:
- A generator (tire dealer, auto
salvage yard) that only
processes tires generated by
its business;
- A facility registered as a
waste tire storage facility.
- A mobile shredder that only
processes tires at the site of
generation;
- A tire recapper.
IAC 13-20-14 states that "A whole waste tire may
not be disposed of at a solid waste landfill after
Julyl, 1995."
IDEM has determined how a tire may be altered so it
is no longer a whole tire and thus may be disposed
of into a solid waste landfill.
- A tire which has the sidewalls cut and the
remaining tread intact, resulting in three pieces
(two sidewalls and the tread); or
- A tire which has been cut, at a minimum, into four
(4) relatively equal pieces. The tire can be laid on
its side and cut like a pie through the bead and
tread into four pieces. Both sidewalls can be cut
out of the tire and the remaining tread cut into two
relatively equal pieces. The tire may be split in
half along the center of the tread (a bagel cut) and
the resulting two pieces each cut in half. Each
landfill site may require additional processing or
may refuse to accept any tire material.
The Indiana Dept. of Commerce Energy Policy Division (EPD)
administers the Recycled Tire Product Procurement Grants
Program, established January 1995, which awards grants of up
to $40,000 for Indiana local and state government agencies to
purchase products made from recycled Indiana scrap tires to
promote and demonstrate the use of products made from
recycled scrap tires. Grantees must provide a minimum of 50
percent of the total project cost.
EPD administers the Recycled Tire Product Marketing Grants
Program, established January 1995, which awards grants of up
to $20,000 for Indiana businesses to promote and market
products made from recycled scrap tires. Grantees must provide
a minimum of 50 percent of the total project cost.
EPD administers the Tire-Derived Fuel Testing Grants Program,
established January 1995, which awards grants of up to $30,000
for utilities, pulp and paper mills, cement kilns, and other
operations with appropriate pollution control equipment to test
the use of tire-derived fuel in their operations. Grantees must
provide a minimum of 50 percent of the total project cost.
XVI
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IOWA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Mel Pins
State of Iowa
Department of Natural
Resources (DNR)
Waste Management Assistance
Division
502 East Ninth Street
Henry A. Wallace Bldg.
Des Moines, Iowa 50319-0034
Telephone: 515-281-8489
FAX: 515-281-8895
House File 753, the Waste Management and
Recycling Act, was passed in 1989. A portion of
the Act addresses waste tire disposal.
House File 706, Registration of Waste Tire
Haulers, was passed in 1990.
House File 2433, establishing a Waste Tire
Management Fund, was passed in 1996. The
fund provides a total of $15 million over six fiscal
years, 1997-2002, for a variety of waste tire
related programs, including grant funding for
county waste tire collection and management
programs, incentive grants for eligible waste tire
processors located within the State, grants to the
three State universities to encourage the use of
tire-derived fuel, and funds for the abatement of
nuisance stockpiles.
In conjunction with requirements set forth in
HF2433, the Department is currently developing
administrative rules defining beneficial uses of
whole or processed waste tires, including uses
related to civil engineering practices, erosion
control, and agricultural practices.
The 1996 legislation provided for the
reallocation of a portion of an existing $5
surcharge, which is collected at the time of
a motor vehicle title issuance or transfer, to
the Waste Tire Management Fund for fiscal
years 1997-2002.
The Landfill Alternatives Financial
Assistance Program (passed as part of the
1987 Iowa Ground Water Protection Act) is
funded by a tonnage fee (a surcharge on all
wastes), paid in addition to a tipping fee, at
landfills.
HF 706 requires that waste tire haulers register
with, and obtain a certificate of registration from
the Secretary of State's Corporations Division
Office. A $10,000 surety bond is required of
each hauler to be registered. "Waste tire hauler"
means a person who transports for hire more
than 40 waste tires in a single load for
commercial purposes.
Haulers are liable for any costs associated with
improper disposal of tires.
Generators of scrap tires must contract with a
registered hauler for removal of scrap tires.
Transporters of scrap tires for final land disposal
are required to dispose of the tires at permitted
sanitary disposal facilities.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
HF 2475 established permitting
requirements for waste tire
storage and processing
facilities. The requirements
include a permit fee and a
financial assurance instrument
and apply to facilities with more
than 500 tires.
House File 228, passed in 1997,
allows authorized vehicle
recyclers to store or collect up
to 3,500 waste tires without a
waste tire storage permit.
House File 653, also passed in
1997, provided that all
requirements for financial
assurance became effective
July 1,1998.
Since July 1, 1991, disposal of whole tires
in landfills is banned. Tires must be
processed by, at a minimum, shredding,
cutting, or chopping into pieces that are no
longer than 18 inches on any side.
Disposers of waste tires must contract with
a registered hauler for removal of waste
tires.
The Landfill Alternatives Financial Assistance
Program provides funding for source reduction
and recycling projects. Since 1988, nine projects
for scrap tire management have received funding.
House File 2433 provides eligible waste tire
processors located within the State a grant of up
to $20,000 annually, as an incentive to encourage
such processors to lower the rates at which they
sell processed waste tire materials.
The Waste Tire Management County Grant
Program has been established in conjunction with
HF2433. The program provides competitive grant
awards to counties for the implementation of
waste tire collection and management programs
at the local level. An average of $1 million is
available annually for the program, with grant
funds to be used for waste tire collection and
processing fees, an educational component to the
program, and promotional and administrative
expenses.
As mandated in HF2433, the Department began
implementing a Waste Tire Stockpile Abatement
Program in fiscal year 1998. The program will
provide the Department with funding in order to
contract for the removal and abatement of
approximately 6 million waste tires, contained in
over 60 stockpiles statewide.
As of 1998, one cement kiln, one industrial plant,
and one State university use tire-derived fuel
(TDF) as a supplement to their primary fossil
fuel resources. An in-state processor also
manufactures agricultural equipment bushings
from bias-ply tire casings.
A second state university will begin using TDF in
1999.
A private boiler is to have conducted a test burn
of TDF in 1998 and, if successful, may
permanently use TDF.
XVII
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KANSAS
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Joe Cronin
Kansas Department of Health and
Environment
Bureau of Waste Management
Forbes Field, Building 740
Topeka, Kansas 66620
Telephone: 913-296-1667
FAX: 913-296-1592
Kansas Statutes Annotated 65-3424 through 65-3424m and
Kansas Administrative Regulations 28-29-28 through 28-29-
33 pertain to waste tire management.
An excise tax of $0.50 on the retail sale
of new tires. An estimated $1.2 million
per year in tire fund revenues will be
used for grants to local governments
and program administration.
Excise tax will be reduced to $0.25 per
tire on July 1, 2001.
The Waste Tire Management Fund was
established in 1990 to provide grants to
cities and counties for scrap tire
recycling, management, collection, and
disposal operations and to enforce laws
relating to collection and disposal fees.
Waste tire transporters are required to have
permits and provide financial assurance.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Permit requirements for waste
tire processing facilities, mobile
waste tire processors, and
collection centers include
zoning and site plans, a
management/operation plan for
the site containing information
on the number of tires to be
processed, type of processing
to be used, a contingency plan
for fire or other emergencies,
proof of ownership of site, a
closure plan, financial
assurance, pile size limitations,
and site operation standards.
As of July 1, 1990, whole tires are banned from disposal in
landfills.
Tires, if cut sufficiently small, may be disposed of in
landfills.
Tires may be disposed of only in permitted disposal
facilities.
After July 1, 1999, tire disposal only in permitted monofills.
The first municipal grants issued
through the Waste Tire Management
Fund were awarded in 1993.
The only market stimulation grant to
develop waste tire recycling markets
was awarded in 1997. The amount of
the grant was $400,000. No additional
funds are available.
Whole tires may be used as part of a
proven and approved leachate collection
system.
Cut tire chips may be used as daily landfill
cover material.
Beneficial uses must be approved in
writing by the Kansas Department of
Health and Environment.
XVIII
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KENTUCKY
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Charles Peters
Kentucky Department of
Environmental Protection
Division of Waste Management
14 Reilly Road
Frankfort, Kentucky 40601
Telephone: 502-564-6716
FAX: 502-564-4049
HB 636, passed in April 1998, specifically addresses the
management of waste tires.
There is a $1/tire tax on the retail sale
of new replacement tires.
A waste tire fund was established for
the cleanup of tire piles and for market
development.
Accumulators, transporters, and
processors must register and post bond.
Tire retailers and accumulators can
transfer waste tires only to registered
transporters or authorized facilities.
Receipts are required.
No person can accumulate more than 100,
transport more than 50, or process more
than 25 waste tires without registering with
the Kentucky Department of Environmental
Protection (PEP).
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
No person can accumulate
more than 100 or process more
than 25 waste tires without
registering with the DEP.
Management standards for
accumulators, including access
for firefighting equipment and
prevention of the entrapment of
water.
Only tires "rendered suitable for disposal" may be disposed
of in landfills.
Sales tax exemption on recycling
equipment.
Tax credit on recycling equipment.
A cement plant is burning tires for fuel.
XIX
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LOUISIANA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Karen Fisher-Brasher
Louisiana Department of
Environmental Quality
Office of Solid and Hazardous
Waste
P.O. Box 82178
Baton Rouge, Louisiana 70884-
2178
Telephone: 504-765-0249
FAX: 504-765-0299
E-mail: karen_f@deq.state.la.us
Web site: www.deq.state.la.us
Act 185, a solid waste recycling and reduction law affecting
scrap tires, was passed in 1989, and became effective
January 20, 1992.
The Department of Environmental Quality formulated
regulations for scrap tire recycling in accordance with Act
185. The current regulations include:
Manifest and reporting requirements;
Site notification requirements;
Permitting requirements for transporters and waste tire
collection storage, recycling and disposal sites;
Outdoor/indoor storage requirements;
Tire dealer responsibilities; and
Provisions for a $2/tire fee on retail sale.
A $2/tire fee on retail sales became
effective February 1992.
Notification and permitting fees are
specified in the regulations.
A portion of the waste tire management
fund is used to pay for the cleanup of
waste tire piles around the State.
Permit fees have been established for tire
haulers, collectors, and processors.
The retailers are required to post a notice
in their establishment advising customers
that the retailer is required to accept the
customers' tires for recycling.
Customers are required to pay the
disposal fee whether they leave the waste
tire or take it with them.
Retailers may not refuse to take one used
tire for each new tire sold.
The period of time over which collection/
processing facilities can retain whole tires
is limited.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
As of January 1990, tires must
go to a permitted recycling or
solid waste disposal facility or to
waste tire collection sites.
Permit fees have been
established for processors.
Since January 1, 1991, whole tires cannot be disposed in
landfills. They must be cut or shredded prior to disposal.
A portion of the waste tire management
fund is used to pay for the cleanup of
waste tire piles around the State.
A 5% price preference for State
purchases of supplies that meet
recycled content requirements.
Tax credits equal to 20% of the cost of
recycling equipment may be used to
process recyclables or to manufacture
materials using recycled feedstock.
XX
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MAINE
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
James Glasgow
State of Maine
Department of Environmental
Protection (DEP)
Bureau of Remediation and Waste
Management
17 State House Station
Augusta, Maine 04333
Telephone: 207-287-2651
FAX: 207-287-7826
E-mail: jims.glasgow@state.me.us
LD 1431, passed in 1989, established a funding source for
scrap tire management activities. It went into effect January
1990.
Chapter 406 of the State Solid Waste Management Plan
contains requirements for proper storage or disposal of
scrap tires and the licensing of storage and processing
facilities. The rules that apply to tire storage facilities
include provisions for surface and groundwater protection.
The Tire Stockpile Abatement Law, enacted in 1991, gives
DEP authority to investigate uncontrolled tire stockpiles,
gives enforcement authority to DEP to require owners/
operators of such sites to clean up the sites, and contains
provisions concerning assignment of liability and State
authority to recover funds.
A $1/tire advance disposal fee paid on
the retail sale will fund tire pile cleanup
and scrap tire recycling grant and loan
programs.
$5 million bond for stockpile disposal
passed by referendum in 1996.
A $2.5 million contract has been
awarded for the remediation of a
stockpile containing approximately
20 million tires.
As of April 1, 1991, scrap tire haulers are
required to be licensed, meet manifest
requirements, and show financial
responsibility.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
A permit is required if the tire
storage area is greater than
10,000 square feet.
Permit requirements decrease
for storage areas less than
10,000 square feet.
Exemptions are possible for
short-term storage and for
temporary use of portable tire
shredders.
All scrap tire storage facilities
are covered under State solid
waste processing and disposal
regulations, and have the same
siting restrictions.
A permit is required for scrap
tire processing facilities.
No whole tires in landfills.
The State requires the purchase of
recycled materials if it is feasible and
environmentally sound. This includes
retread tires, chipped tires for road fill,
and rubberized asphalt.
A report by the Department of
Transportation (DOT) was submitted to
the legislature in March 1990. The
subject was the use of ground tire rubber
as an additive to asphalt concrete.
A DOT recycling project was established.
It included a comprehensive review of
feasible alternatives for using recyclable
materials in construction. Ground rubber
from tires was one of several materials
specifically identified in the study.
Pulp and paper mills have been licensed
to burn 40,000 tons per year of tire-
derived fuel.
17,000 tons of tire chips have been used
as lightweight fill in road construction in
1996-97.
XXI
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MARYLAND
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Regulatory/Cleanup
Mary C. Richmond
Maryland Department of the
Environment (MDE)
Waste Management Administration
Recycling Service Division
2500 Broening Highway
Building 40
Baltimore, Maryland 21224
Telephone: 410-631-3315
FAX: 410-631-3842
Demonstrations/Recycling
Rhody Holthaus
Maryland Environmental Services
Department of Natural Resources
2011 Commerce Park Drive
Annapolis, Maryland 21401
Telephone: 410-974-7254
FAX: 410-974-7236
HB 1202, the Scrap Tire Recycling Act
enacted in 1991, regulates the proper disposal
of scrap tires. Requires licensing of scrap tire
recycling, collection, hauling, and tire-derived
fuel operations. Establishes a mechanism for
the cleanup of scrap tire stockpiles. Sets a fee
of $1/tire on new tire sales to fund the Scrap
Tire Program.
COMAR 26.04.08 (1992) contains regulations
covering storage, collection, transferring,
hauling, recycling, and processing of scrap
tires.
Maryland's Scrap Used Tire Cleanup and Recycling
Fund was created by law. Funds are generated from
collection of the fee, penalties and cost recovery.
As of February 1, 1992, the State has a tire recycling fee
of up to $1 to be collected by retail tire dealers on the
sale of a new tire in the State, including new tires sold as
part of a newer used vehicle. Dealers keep 1.2% of the
gross amount of the fee collected and give the
remainder to the Comptroller of the Treasury, who
transfers these fees to the Used Tire Cleanup and
Recycling Fund.
The Used Tire Cleanup and Recycling Fund is used for:
- Cleaning up existing stockpiles of used tires;
- Establishing a tire recycling system;
- Assisting tire recycling projects;
- Providing financial assistance to recycling
companies; and
- Providing public education.
Scrap tire collection facilities and haulers are required to
obtain licenses.
Three types of collection facility licenses are available:
General license for 50 scrap tires at any given time,
Secondary license for up to 1,500 tires, and Primary license
for more than 1,500 tires at any given time.
Licenses are issued for 5 years (except for General).
Scrap tire hauler license applicants must submit the number of
vehicles used to transport scrap tires; submit vehicle
identification and tag numbers for each vehicle; provide map
showing geographical area of service; identify all sites where
tires will be collected, delivered or transferred; and maintain
records on the origin, number, and destination of scrap tires
hauled.
Scrap tire collection facilities are required to provide: the
maximum number of tires to be accumulated at a facility on a
daily basis, and at any given time; general facility information
and operation; scrap tire hauler information; and the final
destination of the scrap tires. The technical and storage
standard requirements may be applicable to collection
facilities.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
• Scrap Tire Recyclers are required to obtain a
license from MDE.
• Approvals are required for Tire-Derived Fuel and
Solid Waste Acceptance Facilities.
• Licenses and Approvals are issued for 5 years.
• Scrap tire recycling operation must submit a
complete proposal that includes detailed site plan,
tire processing capacities, maximum quantity of tires
at the facility, general facility information and
operation, and documentation for the availability of
tire product markets. The facility's ability to meet
technical and operational standards for tire storage
is required if facility plans to accumulate scrap tires
in any form or configuration in excess of 15,000
cubic feet. Closure plans are also required for these
operations.
• Tire-derived fuel facilities' requirements are similar
to recycling facilities' except for market information.
• Solid waste facility approvals are granted by a
modification to the facility's refuse disposal permit.
Tires banned from all Maryland landfills
after January 1, 1994.
If dealers, recyclers, or collectors do not
satisfy the requirements for selling or
disposing of the tires, they are required to
use a State-approved disposal system.
The law allows the Secretary of the
Environment to take remedial action and/or
remove tires at any site if he or she
determines disposal may be carried out
improperly or in a way that threatens the
environment.
State has a 5% price preference for
products containing recycled materials.
Maryland Environmental Service Scrap
Tire Management Program to date
includes:
- Retreaded Tire Utilization Project;
- Remanufactured Tire Demonstration
Project;
- Promoting the use of tire chips as a
supplemental fuel in cement kilns;
- Researching the use of scrap tires in
asphalt and in composting;
- Catalog of products issued to
promote use of products
manufactured of scrap tire material;
- Tire reef project.
Four companies are currently
participating in the Scrap Tire
Recycling System.
The Maryland Environmental Service (MES) is responsible for
developing the statewide tire recycling system. This includes
establishing regional collection centers and haulers. The MES
is also setting up demonstration programs and distributing
money from the Used Tire Cleanup and Recycling Fund.
State completed a market study for recyclables, including
tires, in 1990.
As of 1998, eight scrap tire processing facilities are operating
and accepting significant quantities of tires. These operations
include four scrap tire recycling operations, three cement kilns
that utilize tires as supplemental fuel, and one waste-to-
energy facility.
With the cooperation of State agencies and volunteers, MDE
constructed five playgrounds using whole scrap tires in
Calvert Cliffs and Tuckahoe State Parks.
Landfill Cap Demonstration Projects using tire chips are in
progress for Nicholson Road and Round Glade Landfills.
These landfills are located in Kent and Garret Counties,
respectively.
XXII
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MASSACHUSETTS
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Judy Shope
Commonwealth of Massachusetts
Department of Environmental
Protection (DEP)
Recycling Division
One Winter Street, 7th Floor
Boston, Massachusetts 02108-
4747
Telephone: 617-292-5597
FAX: 617-292-5778
An Act to Protect the Environment and Public Health by
Proper Disposal of Certain Automotive Wastes was
reintroduced in 1992, attached to an omnibus recycling bill,
but did not pass.
As of October 1997, the House Ways and Means
Committee was considering a comprehensive scrap tire
management bill. This legislation would set fees for
retailers that would go to a dedicated fund for scrap tire
programs and includes grants and education programs.
The Solid Waste Management Facility Regulations require
that storage, collection, processing, and disposal sites meet
permit criteria, such as proof of ownership; site location,
topography, and wetlands impact; site and pile dimensions;
number of tires received and processed; tire prevention
plans; and security measures.
Recycling Loan Fund for tire reuse
projects.
Massachusetts DEP does not regulate
solid waste haulers.
Scrap tire collection facilities are exempt
from solid waste regulations if the facility
can demonstrate that the tires are being
recycled or reused.
Collection sites must meet permit criteria.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Storage and processing
facilities are regulated as
handling facilities, and must
meet permitting criteria.
Processing facilities are exempt
from solid waste regulations if
the facility can demonstrate that
the tires are being recycled or
reused.
As of December 31, 1991, whole tires are banned from
disposal in landfills. Tires must be shredded prior to
disposal in landfills.
Disposal sites must meet permit criteria.
A 1988 Executive Order established
10% purchasing preference for buying
recycled products or goods with
recycled content. Initially targeted at
paper, plastic, aluminum, and compost;
the Executive Order allows a broader
list at discretion of purchasing agent.
DEP staff working with an interagency
group to establish a contract for the
purchase of retread tires by State
agencies.
Recycling Loan Fund is available for tire
reuse projects—funded one $150,000
loan to one tire processing facility.
Funded Massachusetts Highway
Department (MHD) to increase its use
of recycled products in transportation
applications—included four applications
of crumb rubber.
Successful test burn of tire chips
conducted in 1996 at NE Power
facility—Beneficial Use Permit (BUD)
granted to co-combust with coal.
BUDs granted to use tire chips as landfill
cover.
XXIII
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MICHIGAN
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Kyle Cruse
Michigan Department of
Environmental Quality (DEQ)
Waste Management Division
P.O. Box 30241
Lansing, Michigan 48909
Telephone: 517-335-4757
FAX: 517-373-4797
E-mail: crusek@deg.state.mi.us
Part 169 of the Natural Resources and
Environmental Protection Act (NREPA),
1994, P.A. 451, as amended (Part 169)
- A criminal statute provides for fines up
to$10/tire, 90 days in jail, and 100
hours of community service.
Scrap tires, also subject to Part 115 of
the NREPA, as solid waste if not
managed in compliance with Part 169.
- Criminal, civil and administrative
remedies.
A $0.50 tire disposal
surcharge on each certificate
of vehicle title. Moneys from
the surcharge are deposited
in the Scrap Tire Regulatory
Fund, established to
implement and enforce the
scrap tire regulations and
clean up "abandoned" scrap
tires on public and private
lands and tires accumulated
at collection sites prior to
January 1, 1991.
Hauler must be registered in order to haul scrap tires.
All scrap tire collection sites must register with the Department
of Environmental Quality and pay a $200/year registration fee.
Uncovered tire collection sites with more than 500 scrap tires
are regulated.
Transportation records, on forms approved by the Department,
are required from tire retailers and scrap tire haulers for each
load transported. Required record includes generator, hauler,
and destination information.
Tire retailers must use registered scrap tire haulers for
contracted tire removal.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Scrap tires must not be stored in piles
greater than 15 feet in height, with
horizontal dimensions no greater than
200 by 40 feet with 30 foot spacing
between.
Tires must not be stored within 20 feet
of property line or within 60 feet of a
building or structure.
Tires must be covered, shredded, or
sprayed to limit potential for mosquito
breeding.
Bond, in the form of Surety Bond,
Irrevocable Letter of Credit, Certificate
of Deposit or Cash, is required for all
storage of tires to ensure removal. The
minimum bond requirements are as
follows: $25,0007% acre for outdoor
storage, $2/square foot of indoor
storage, and $750/vehicle for storage in
trailers.
Collection sites with an accumulation
over 100,000 tires must operate as a
processor to facilitate recycling by at
least shredding the tires.
Tires may be landfilled at facilities
licensed under Part 115 of the NREPA or
stored in compliance with Part 169 (see
Storage and Processor Regulations).
A 10% price preference is
available for recycled
products.
There is a tire recycling
program that provides grants
to clean up public and private
tire collection sites that
existed prior to 1991.
Since 1993, $2.7 million has
been granted to public and
private tire site owners to
remove and recycle more
than 2.25 million scrap tires.
XXIV
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MINNESOTA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Don Nelson
Minnesota Pollution Control Agency
Ground Water & Solid Waste
Division
520 Lafayette Road
St. Paul, Minnesota 55155-8621
Telephone: 612-296-8621
FAX: 612-296-9707
E-mail:
donald.nelson@pca.state, mn. us
Web site:
http://www.pca.state.mn.us
• The Scrap Tire Law was passed in 1984.
A $4 tax on vehicle title transfers will be
in place for 2 more years. The Agency
also received $200,000 in tire
abatement funds for FY98-99.
Transporter ID requirements and
enforcement policies have been
established and implemented.
Tire retailers must accept as many scrap
tires from a customer as tires are sold to
that customer.
Tire retailers may charge a disposal fee.
Tire retailers may store up to 500 scrap
tires without a storage permit.
Tire retailers are required to use only
scrap tire transporters that have a valid ID
number from the State.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Landfills are exempt from scrap
tire storage permits if they store
no more than 10,000 waste
tires.
Permitted waste tire transfer
facilities are allowed to
temporarily store and transfer
up to 10,000 scrap tires.
Permitted processing facilities
can temporarily store, for
processing, up to 70,000 scrap
tires.
Permitted storage facilities can
store up to 500,000 scrap tires.
All facilities must provide
financial assurance to ensure
clean closure.
Tires are banned from disposal in landfills.
No funding for grants and loans.
The Minnesota Pollution Control Agency
published a study on leachate from the
disposal of tires in 1990.
Minnesota Department of Transportation
and the University of Minnesota are
testing rubberized asphalt.
In 1998, the approximate end uses of
waste tires from Minnesota processors
are 75% as tire-derived fuel; 20% as
lightweight fill material; and 5% as
consumer products.
XXV
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MISSISSIPPI
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Mark Williams
Mississippi Department of
Environmental Quality
Special Waste Program
Office of Pollution Control
P.O. Box 10385
Jackson, Mississippi 39289-0385
Telephone: 601-961-5304
FAX: 601-354-6612
E-mail:
mark_williams@deq. state, ms. us
SB 2985, a bill addressing the disposal of batteries, tires,
and household hazardous waste, was passed in 1991.
Scrap tire transportation regulations were adopted
December 19, 1991, and became effective in 1992.
Scrap tire management regulations were finalized and
adopted in August 1992. The regulations include
requirements for collection sites, processing facilities, and
disposal sites and financial responsibility requirements for
agriculture, erosion control, or other alternative uses of
scrap tires.
SB 2985 may be amended in 1993 to reduce county
governments' scrap tire management obligation. This
would mean a reduction in funds available to counties. The
original bill forced counties to develop a scrap tire
management system for all scrap tires generated in the
county. Of 82 counties, 72 have some type of system in
place.
Scrap tire grant regulations became effective July 1, 1992,
and establish eligibility and allocation of the Environmental
Protection Trust Fund.
The 1997 Legislature included agricultural tires in the scrap
tire program, including tractor tires.
A $1/tire fee on the retail sale of tires.
The Environmental Protection Trust
Fund has been established.
As of January 1, 1992, scrap tire haulers
must be registered with the State and
must renew such certification annually.
Tires may be deposited only at authorized
collection, processing, or disposal points.
Transportation of tires must be certified by
using State manifest forms and keeping
records of transportation.
A scrap tire collection site permit must be
obtained if you store more than 100 tires,
unless you are a retail outlet where you
can store up to 500 tires.
As of January 1, 1992, scrap tire haulers/
collectors, generators and processors
must maintain manifest records of the
numbers of tires generated from a facility,
transported and processed, reused or
disposed.
Tires must be cut, sliced, or shredded to
facilitate recycling or disposal.
Financial assurance required of
processors and collectors.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Collection, processing, and
disposal sites must obtain
authorization to operate from
State DEQ.
Processors must maintain
manifest records of the
numbers of tires generated from
a facility, transported and
processed, reused or disposed.
• Tires must be cut, sliced, or shredded prior to landfilling.
• Landfill ban on all tires set for January 1, 2000.
Environmental Protection Trust Fund
can allocate:
- 30% for eligible counties and
regional solid waste disposal
authorities;
- 25% for recycling and demonstration
grants;
- 20% for abatement of illegal
stockpiles;
- Remainder for public education and
administration of the program.
XXVI
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MISSOURI
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Dan Fester
Missouri Department of Natural
Resources
Solid Waste Management Program
P.O. Box 176
Jefferson City, Missouri 65102
Telephone: 573-751-5401
FAX: 573-526-3902
SB 530, an omnibus solid waste bill passed in August 1990. Includes
provisions for regulating tires.
HB 438, passed in August 1990, establishes purchase preferences.
SB 60-112 passed in August 1995. Includes more stringent
provisions for regulating tires and redirects funding priorities.
Waste tire rules 10 CSR 80-8.010 (First Stage Permits), 10 CSR 80-
8.020 (Collection Centers), 10 CSR 80-8.030 (Hauler Permits) and
10 CSR 80-8.040 (Storage Site Permits) became effective July 8,
1991. Waste tire grant rule 10 CSR 80-9.030 became effective June
7,1993.
The following became effective December 30, 1997: waste tire rule
10 CSR 80-8.010 was rescinded; waste tire rules 10 CSR 80-8.020,
10 CSR 80-8.030, 10 CSR 80-8.040 and 10 CSR 80-9.030 were
amended; waste tire rules 10 CSR 80-8.050 (Processor Permits),
10 CSR 80-8.060 (End-User Registration) and 10 CSR 80-9.035
(Contract Cleanups) are new rules.
• There is a $0.50 per tire fee
on retail sales of new tires.
Sixty-five percent of the funds
collected are to be used for
contract cleanups of tire
dump sites. Five percent of
the funds are to be used for
grants for end users of waste
tires. Five percent of the
funds are to be used for solid
waste education purposes
and 25% of the fund is to be
used to fund administrative
costs of the waste tire
program.
Waste tire haulers who haul for
consideration are required to be permitted.
Tire retailers and wholesalers can store
more than 500 tires but not for over 30
days and must use permitted haulers.
Recordkeeping regarding the generation
and disposition of the tires is required.
A hauler permit requires an annual $100
permit fee.
Collection center may store up to 500
tires.
A collection center that hauls its own tires
in vehicles driven by its own employees is
not required to obtain a hauler permit.
A waste tire hauler must keep records of
the number of tires collected, the number
of tires delivered, and basic information
about the facility that accepts the tires.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Sites that store more than 500 tires must obtain a Waste Tire
Site permit from the Department of Natural Resources. Since
August 28, 1997, no new Waste Tire Sites are permitted unless
they are located at a permitted waste tire processing facility.
Waste Tire Storage Sites in existence prior to August 28, 1997,
will not accept any quantity of additional waste tires unless the
site is part of a processing or end-user facility or unless the site
can verify that a number at least equal to the number of
additional tires received was shipped to a processing or end-
user facility within 30 days after the receipt of the additional
tires.
Processing facilities must be permitted by the Missouri
Department of Natural Resources.
End-user facilities must be registered by the Missouri
Department of Natural Resources.
Recordkeeping and inventory limits are required for both
processing and end-user facilities.
Whole tires are banned from disposal
in landfills.
Waste tire fee funds are available to
provide grants to businesses for
demonstration projects and for capital
expenditures for using waste tires as a
fuel or in a product.
Contracts for nuisance abatement and
resource recovery activities are
authorized via statute and managed
through the State bidding process.
Some funding is allocated for nonprofit
organizations that voluntarily clean up
waste tires in conjunction with
cleaning up land or water resources
for the disposal costs of the tires.
A waste tire rules advisory
council on waste tires was
established to assist in the
development of waste tire rules
and grant criteria.
XXVII
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MONTANA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Rick N. Thompson
State of Montana
Department of Environmental
Quality
Community Services Bureau
Solid Waste Management Program
1520E. 6th Avenue
P.O. Box 200901
Helena, Montana 59620-0901
Telephone: 406-444-5345
FAX: 406-444-1374
E-mail: rithompson@mt.gov
Scrap tires are regulated under the Montana Solid Waste
Management Act and the Montana Motor Vehicle Recycling
and Disposal Act and the associated administrative rules.
Both Acts were passed in 1977.
Not addressed.
Collection sites must be licensed as a
solid waste management facility.
Collected or stored scrap tires must be
shielded from public view.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Scrap tire collection/storage
facilities must be permitted and
licensed as solid waste
management facilities.
Collected or stored scrap tires
must be shielded from public
view.
Scrap tire disposal or resource
recovery facilities licensed after
July 1, 1997, must have
financial assurance for closure.
Tires are currently accepted at landfills.
Some landfills are beginning to charge differential fees for
whole versus split tires.
A 25% tax credit is available to
businesses for the purchase of
recycling and processing equipment.
Income tax credits are available to
individuals and corporations procuring
recycled products.
State is instructed to purchase recycled
products whenever possible, but it is
not a mandate.
XXVIII
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NEBRASKA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Ms. M.J. Rose
State of Nebraska
Department of Environmental
Quality
Integrated Waste Management
Section
P.O. Box 98922
Lincoln, Nebraska 68509-8922
Telephone: 402-471-4210
FAX: 402-471-2909
LB 163, a waste reduction and recycling bill,
was passed in April 1990.
LB 1257, the Integrated Solid Waste
Management Act, was passed in 1992.
LB 444, passed in 1993, created the first
emphasis on scrap tire projects.
LB 1034 created the Scrap Tire Reduction and
Recycling Incentive Fund and established
scrap tire management laws in 1994.
LB 495 established new guidelines for grant
funds to better promote cleanup of scrap tire
piles and market development in 1996.
Since October 1990, there has been a $1 tire fee on
the retail sale of new tires. The fee also applies to
new car sales. A second fee is assessed on the
retail sales of tangible personal property. Proceeds
from the two fees are deposited in the Waste
Reduction and Recycling Incentive Fund for grants
to political subdivisions for waste management
projects to further the goals of the legislation.
In 1994, LB 1034 placed the revenue generated
from the $1 tire fee into a separate fund available for
scrap tire projects only. The tire fee will remain in
this separate fund until July 1, 1999, when it will go
back into the original Waste Reduction and
Recycling Incentive Fund. Scrap tire programs will
continue to have a priority for funding after the scrap
tire fund sunsets.
LB 1257 provided 50% of a $1.25 per ton disposal
fee collected on waste going to municipal landfills.
This fee became part of the Waste Reduction and
Recycling Incentive Grants Program.
LB 1034 requires scrap tire haulers,
collectors, processors, and collection site
owners to be permitted. Additional
requirements include maintaining financial
assurance for closure costs and
submitting annual reports.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Title 136—Scrap Tire
Management Rules and
Regulations established a
maximum of 18 months for
storage of any one scrap tire
and no more than 300,000
scrap tires can be stored at any
one site. Collection sites must
also adhere to siting
requirements as established by
Title 153—Nebraska State Fire
Code Regulations.
Since September 1, 1995, scrap tires have
been banned from landfills unless processed
into pieces 6 inches or smaller. Since
September 1, 1998, scrap tires are now
banned from landfills in any form.
Grant funding is available for scrap tire cleanup; for
cost-sharing for processing, manufacturing, or civil
engineering uses; for partial reimbursement for the
purchase of tire-derived products; for studies; and
for capital and startup costs for processing,
manufacturing, collecting, or transporting tires.
XXIX
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NEVADA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Les Gould
State of Nevada
Division of Environmental
Protection (NDEP)
Bureau of Waste Management
333 West Nye Lane
Carson City, Nevada 89706
Telephone: 702-687-4670
FAX: 702-687-6396
Nevada Revised Statute (NRS 444.583), passed in 1991,
required NDEP to develop a plan for managing waste tires.
Accordingly, the plan was developed.
In 1994, regulations [Nevada Administrative Code (NAC)
444A.200-444A.470], were promulgated that:
S Established permit requirements for waste tire
management facilities; and
S Established registration/manifesting requirements for
commercial haulers.
NRS 444A.090 established a fee of $1/tire sold at retail.
There is a $1/tire charge on new tires
sold at retail. Funds are deposited in
Solid Waste Management Account to
implement State solid waste and
recycling programs.
Hauler regulations include registration and
manifesting waste tires.
Semiannual reporting.
Storage and Processor Regulations
• Permits by Waste Tire
Management Facility Permits
program.
• Include operation and closure
regulations.
Disposal Restrictions
• Whole tire disposal allowed subject to approval of Solid
Waste Management Authority.
Financial/Market Incentives
• A 10% price preference is given for
recycled products manufactured in
Nevada.
• A 5% price preference is given to all
other recycled products.
Additional Information
XXX
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NEW HAMPSHIRE
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Sharon Yergean
New Hampshire Department of
Environmental Services
Waste Management Division
6 Hazen Drive
Concord, New Hampshire 03301
Telephone: 603-271-2900
FAX: 603-271-2456
Automotive Waste Disposal Law (HB 322-FN-A,
Chapter 89-263) was passed in 1989.
Solid Waste District Law (RSA 149-M:13I) requires towns/
districts to provide sites or access to sites for disposal of
residents' tires.
Towns are authorized to collect fees for
the collection and disposal of town
motor vehicle wastes including tires,
batteries, and used oil.
Towns may request the Office of State
Planning to increase the town's fees if
they prove insufficient to fund proper
management of motor vehicle wastes
under existing conditions.
The transportation of tires, either whole or
shredded, is required to be accomplished
in such a manner as to prevent tire pieces
or whole tires from blowing or falling onto
the roadways.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Outdoor storage of tires at
collection sites must be in
accordance with height, width,
fire lane, and berm
specifications.
Tires must be cut prior to landfilling.
Tires may be disposed of by one of the following methods:
Scrap tires may only be disposed of in a permitted
facility after being shredded, filled, or split to prevent
creeping; or
No processing of scrap tires is required at facilities that
are capable of processing whole tires.
Not addressed.
XXXI
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NEW JERSEY
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Steven Rinaldi
New Jersey Department of
Environmental Protection
Division of Solid and Hazardous Waste
Bureau of Recycling and Planning
P.O. Box 414
Trenton, New Jersey 08625-0414
Telephone: 609-984-3438
FAX: 609-777-0769
Web site:
http://www.state.nj.us/dep/dshw/recycle
The New Jersey Statewide Mandatory Source Separation and Recycling
Act, passed in 1987, addresses tire management.
Regulations at NJAC 7:26A address solid waste recycling and contain
provisions relating to scrap tire recycling.
Not addressed.
Transporters hauling solid waste must be
registered with the State.
Transporters hauling source-separated
materials (e.g., tires) for recycling need
not register.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Facilities that recycle tires are
regulated as a recycling center
through an approval process, rather
than as a solid waste facility through a
permitting process.
Regulations regarding scrap tire
processors and storage of scrap tires
were adopted November 18, 1991, as
part of general solid waste recycling
regulations, and were updated on
December 16, 1996.
Tires must be taken to
permitted solid waste facilities,
approved tire recycling
centers, or sites operating
pursuant to an exemption from
the recycling center approval
process.
Tires qualify for municipal
recycling tonnage grant credits.
Industries purchasing new
recycling equipment may be
eligible for low interest loans.
Legislation and Executive Order
require the procurement of
recycled products.
The State's Department of Transportation has conducted a number of
demonstration projects that utilize various mixes of rubber-modified
asphalt.
The New Jersey Department of Treasury, in conjunction with the New
Jersey Department of Transportation and New Jersey Department of
Environmental Protection, issued a bid proposal for the furnishing of
light truck/commercial retread tires and service to all State agencies,
quasi-agencies and political participants in designated counties. As
part of the bid, tire casings are to be picked up by the vendor and
replaced with retreaded tires. Five vendors have been awarded
contracts to provide this service.
The U.S. Environmental Protection Agency funded scrap tire recycling
demonstration project that New Jersey is overseeing will provide data
about the costs associated with removing scrap tires from stockpiles
into various end-market technologies. While this information will be
specific to remediation through rubberized asphalt, artificial reef
production and a process similar to pyrolysis, the three technologies
being studied, it will provide very useful data that the New Jersey
Department of Environmental Protection can use to recommend the
most cost-effective and environmentally benign processes for which
public funds can be expended in the remediation of tire piles in New
Jersey.
The New Jersey Department of Environmental Protection is currently
exploring scrap tire stockpile remediation strategies. The use of
inmate labor has been proposed by the New Jersey Department of
Corrections as a cost-effective approach to such projects.
XXXII
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NEW MEXICO
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Jerry Sober
New Mexico Environment
Department
Solid Waste Bureau
1190 St. Francis Drive
P.O. Box 26110
Santa Fe, New Mexico 87502
Telephone: 505-827-2775
FAX: 505-827-2902
E-mail: jerry_bober@
nmenv.state.nm.us
NMSA 1978 74-11-1 through 74-11-17, The Tire Recycling
Act, passed in 1994.
20 NMAC 9.2, New Mexico Tire Recycling Regulations,
effective September 1, 1995. Provisions:
- Established a tire disposal fee on vehicle registrations;
- Provide for a Rubberized Asphalt Fund;
- Provide for a Tire Recycling Fund;
- Exempt dairy farmers from waste tire storage rules;
- Provide for reimbursement for the cost of illegal tire
dump abatement to Counties, Municipalities and
Cooperative Associations; and
- Provide for the reimbursement for the costs of
establishing tire recycling facilities.
Funding is provided by an add-on fee to
each vehicle registration: 55% is
appropriated to the Tire Recycling
Fund; 45% is appropriated to the
Rubberized Asphalt Fund.
All haulers must register with the
Environment Department.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Only a permitted or registered
Solid Waste Facility or a
permitted Tire Recycling Facility
is authorized to receive, collect,
store and process scrap tires.
A permit and registration is
required for any person or
facility that:
Processes or recycles more
than 1,000 scrap tires or
PTEs per year;
Applies for or receives
compensation from the Tire
Recycling Fund;
Stores more than 250 scrap
tires at any one time;
Uses more than 250 scrap
tires in a single civil
engineering application.
No person shall dispose of scrap tires in a place other than
those places permitted or regulated under the Solid Waste
Act.
A 5% price preference is provided for
products containing recycled content
procured by State agencies.
Split tires are used to contain landfill cell
liners at the City of Albuquerque landfill.
New Mexico's tire recycling program
centers around the use of tire balers.
Operational Tire Baling Centers:
Grant County;
Otero County;
McKinley/Cibola Counties;
Socorro;
Las Cruces;
- Santa Fe;
Bernalillo County;
Eddy County.
There is one permitted Tire Recycling
Center:
Southwest Tire Processors
Rubberized Asphalt Projects:
Approximately eight highway projects
utilizing 135 tons of crumb rubber
modifier were completed in 1997.
XXXIII
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NEW YORK
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Chris Glander
New York State
Department of Environmental
Conservation (DEC)
Division of Solid & Hazardous
Waste
Bureau of Waste Reduction &
Recycling
50 Wolf Road, Room 212
Albany, New York 12233-7253
Telephone: 518-457-3966
FAX: 518-457-1283
E-mail: Christian.glander@
dec, mailnet.state, ny. us
State Regulations for Solid Waste regulate waste tire
storage and processing facilities.
An amendment to Chapter 226 (Section 27-0303) of the
Environmental Conservation Law, passed in 1990,
designated commercial waste tires as a regulated waste.
Commercial waste tires are defined as waste tires that are
transported for a fee for the purpose of reuse, recycling, or
disposal.
Transporters of commercial waste tires
must register with the DEC.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Waste tire storage requirements
depend upon number of waste
tires stored.
No person shall engage in
storing 1,000 or more waste
tires at a time without a permit.
Storage permit requirements
cover waste tire pile size,
dimensions and fire controls.
Disposal of whole tires in any landfill is prohibited.
The Department of Economic
Development administers low-interest
loan and grant programs for tire
recycling.
The New York State Energy Research
and Development Authority
(NYSERDA) invests in projects to
develop, demonstrate or evaluate
innovative and energy-efficient
equipment, technologies, processes
and other methods for managing all
types of solid waste.
XXXIV
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NORTH CAROLINA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Ernest Lawrence
State of North Carolina
Department of Environment,
Health, and Natural Resources
(DEHNR)
Solid Waste Section, Division of
Waste Management
401 Oberlin Road, Suite 150
P.O. Box 27687
Raleigh, North Carolina 27605-
1350
Telephone: 919-733-0692, ext. 274
FAX: 919-733-4810
E-mail: lawrenceg@
wastenot.ehnr.state.nc.us
Web site:
http://wastenot.ehnr.state.nc.us
• SB 111, passed in 1989, requires each county to provide a
place for disposal of scrap tires.
• Tires presented for disposal must be accompanied with a
scrap tire certification form signed by generator and hauler.
As of January 1, 1990, a 1 % tax on new
tire sales was levied. The fee was
increased to 2% for tires less than 20
inches in 1993. Major portion of the
fund goes to:
- Counties for tire collection and
disposal;
- Cleanup of nuisance sites.
Counties are not allowed to impose
tipping fees for tires that are certified as
generated in North Carolina.
Scrap tire haulers must register with the
Solid Waste Section of the DEHNR and
obtain a hauler identification number.
Counties must provide a site for tire
collection.
Collection sites require permit from Solid
Waste Section of DEHNR.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
The number of scrap tires
stored at a scrap tire collection
site must not exceed the stated
number of scrap tires shipped
off-site per month plus the
stated number of scrap tires
disposed of on-site per month.
At no time can more than
60,000 scrap tires be stored.
Tires must be shredded or sliced prior to landfilling.
Funds for reimbursement to improve
the use of recycled products.
North Carolina Department of
Transportation is evaluating the use of
tires in constructing retaining walls and
the use of crumb rubber in asphalt.
XXXV
-------
NORTH DAKOTA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Steve Tillotson
North Dakota Department of Health
Division of Waste Management
P.O. Box 5520
Bismarck, North Dakota 58506-
5520
Telephone: 701-328-5166
FAX: 701-328-5200
E-mail:
ccmail.stillots@ranch. state, nd. us
Solid Waste Management rules have been adopted and
went into effect December 1, 1992. The rules address
scrap tire storage.
A portion of the State's $2/new vehicle
sale fee for cleanup of abandoned
vehicles may be used to clean up tire
piles.
Haulers must have a waste hauler permit
and identify a legitimate recycling or
disposal facility.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Tire piles of more than 1,300
tires must be in compliance with
regulations governing pile
dimensions, control of access,
fire control, run-on/run-off
control systems, and financial
assurance.
Tire piles of more than 1,300
tires must have a solid waste
management permit.
Tire piles with a base area
exceeding 10,000 square feet
must comply with liner
requirements.
Not addressed.
Not addressed.
A new tire-derived fuel company, Waste
Not Recycling, is processing tires in
central North Dakota. The TDF is burned
at a local utility.
XXXVI
-------
OHIO
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Bob Large
Ohio Environmental Protection
Agency
Division of Solid and Infectious
Waste Management
Scrap Tire Management Unit
1800 Watermark Drive
P.O. Box 1049
Columbus, Ohio 43216-1049
Telephone: 614-644-2621
FAX: 614-728-5315
House Bill 592, the State Solid Waste law, became
effective in June 1988 and defined waste tires as a solid
waste.
Senate Bill 165, the State Scrap Tire law, became
effective in October 1993, substituted the term scrap tire
for waste tire, and established a comprehensive
structure for regulating scrap tire collection, storage,
recovery, monofill, and monocell facilities and scrap tire
transporters.
Regulations to implement Senate Bill 165 were adopted
and became effective in March 1996.
Regulation was developed to define approval of
beneficial uses of scrap tires - Ohio Administrative Code
(OAC) 3745-27-78.
Regulations were developed governing cleanup actions
after a scrap tire fire - OAC 3745-27-79.
A $0.50 fee was placed on
each new tire sold at the
wholesale level; the funds from
this fee are designated for
stockpile abatement, grants
and loans to scrap tire facilities,
program administration, and
research at the University of
Akron.
Sellers and other generators are required to utilize registered
transporters for the scrap tires they generate.
Transporters are required to register annually with the OEPA and
post $20,000 in financial assurance.
All scrap tire transportation must be documented on State approved
shipping papers.
Collection facilities are required to obtain a registration from OEPA
and a license from the approved health department.
Collection facilities are defined as facilities that accept whole scrap
tires from the public and store them only in portable containers with a
total storage volume limited to 5,000 cubic feet.
Tires will only be delivered to licensed scrap tire facilities (collection,
storage, recovery, monofill, or monocell) or to approved beneficial
use sites.
All scrap tire transporters and facilities must file an annual report on
scrap tires handled, processed, or disposed.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Storage and recovery (processors and recyclers)
facilities are required to obtain a registration or permit
from OEPA and a license from the approved health
department.
Storage and recovery facilities must post financial
assurance to cover the costs of closure.
Individual storage piles are limited to 2,500 square feet
in base area and 14 feet in height.
Fire lanes at least 50 feet wide are required on all
sides of outdoor storage piles.
A registered storage facility is limited to 10,000 square
feet of scrap tire storage.
A permitted storage facility is limited to 3 acres of
effective scrap tire storage and must be owned by
someone who also owns or operates a recovery
monocell, or monofill facility.
All scrap tire transporters and facilities must file an
annual report on scrap tires handled, processed, or
disposed.
Since March 1, 1996, whole tires have been banned from
solid waste landfills.
Since March 1, 1997, cut and shredded tires have been
banned from disposal in solid waste landfills.
Tire monofills require liners, leachate collection, weekly
cover, and final cap.
Tire monocell requirements vary based on their location in
the host sanitary landfill.
Scrap tire monocells and monofills must obtain a permit to
install these facilities from OEPA and a license from the
approved health department and post- financial assurance
for closure and post-closure care.
All scrap tire transporters and facilities must file an annual
report on scrap tires handled, processed, or disposed of.
Loans and limited grants are available
to scrap tire businesses through the
Ohio Department of Development
77 S. High Street, 28th Floor
P.O. Box 1001
Columbus, Ohio 43266-0101
Telephone: 800-848-1300
FAX: 614-644-1789
Point of Contact: Mr. Brad
Mosquito control is required of
all scrap tire transporters and
scrap tire facilities.
XXXVII
-------
OKLAHOMA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Craig Belair or Brad Fleming
Oklahoma State Department of
Environmental Quality
Solid Waste Division
1000 NE Tenth Street
Oklahoma City, Oklahoma 73117-
1212
Telephone: 405-745-7121 (Belair)
405-745-7122 (Fleming)
FAX: 405-745-7133
Oklahoma Waste Tire Recycling Act (27A Part 4 of the
Oklahoma Statutes Annotated) was enacted July 1, 1989.
A $3.50/tire surcharge on new truck
tires in addition to a $1/tire surcharge
on new and used tire sales is in effect.
Monies from the surcharge are
deposited in the Waste Tire Indemnity
Fund to help eliminate stockpiles of
tires and to promote recycling by
reimbursing facilities that process scrap
tires.
Tire haulers and transporters are not
regulated.
Collectors of more than 50 tires must be
permitted by the State Department of
Environmental Quality.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
A site storing, collecting, or
disposing of more than 50 tires
must be permitted by the State
Department of Environmental
Quality. This does not apply to
tire manufacturers, retailers,
wholesalers, or retreaders who
store 2,500 or fewer used tires.
Processors must be permitted
by the Oklahoma State
Department of Environmental
Quality and must document that
at least 10% of the tires
processed came from illegal tire
dumps identified by the
Oklahoma State Department of
Environmental Quality to
participate in the State's
reimbursement programs.
Tires must be cut before being disposed of in a landfill.
Oklahoma State Department of
Environmental Quality permitted waste
tire processing facilities are eligible for
reimbursement at a rate of $0.50/tire, if
they demonstrate that 10% of the tires
processed at their facility are from
designated illegal tire dumps.
Oklahoma State Department of
Environmental Quality permitted waste
tire processing facilities are eligible for
an additional $0.35/tire reimbursement
if they demonstrate that their facility is
providing pickup and transportation of
waste tires from each and every county
of the State on a regular basis.
Riverbank stabilization projects are
eligible for $1.50 per truck tire when:
The tire measures greater than 17.5"
rim diameter;
- Tires come from dump sites on the
priority enforcement list; and
Tires are placed in a riverbank
stabilization project permitted by the
U.S. Army Corps of Engineers or local
conservation district.
XXXVIII
-------
OREGON
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Bob Guerra
Oregon Department of
Environmental Quality
Hazardous and Solid Waste
Division
201 W. Main, Suite 2D
Medford, Oregon 97501
Telephone: 541-776-6010, ext: 236
FAX: 541-776-6262
E-mail: bobguerra@state.or.us
HB 2022 Waste Tire Law, passed in 1987 and enacted in
January 1988, set up a self-funded comprehensive program
for waste tires. The Law regulates the transportation,
storage, and landfilling of waste tires.
SB 66, passed in 1991, effective July 1, 1991, banned
disposal of tires at landfills.
HB 2246, passed 1991:
- Extended tire fee to October 1, 1992;
Extended reimbursement for use of scrap tires to June
30,1993;
Gives DEQ authority to regulate tire product piles;
Expedited abatements; and
Restricted carrier permit requirement to those who haul
for hire.
A $1/tire disposal tax on the sale of new
tires. The monies were used to clean
up tire piles. Tire fee ended October 1,
1992.
Anyone transporting more than 4 tires
commercially must be licensed with DEQ.
Tire dealers with more than 1,500 scrap
tires on-site must have storage permit.
Generators are allowed to haul scrap tires
generated at their facility without a permit
but they must maintain documentation of
their disposal.
All common carriers transporting waste
tires over Oregon roads are required to
obtain a Waste Tire Carrier Permit.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
A facility that stores more than
99 tires on-site must have a
storage site permit, unless it
has been granted a beneficial
use permit by DEQ.
Retreading facilities that have
more than 3,000 tires on-site
must have a storage permit.
Since July 1, 1991, whole tires have been
banned from landfills.
The tire disposal tax is used to promote the use of
waste tires by subsidizing markets for waste tires or
chips.
Under a former Oregon demonstration
program:
- Two rubber modified paving projects
were approved and completed in 1990;
- A project was conducted by the Oregon
State Highway Division using tire chips
as a light fill;
- Demonstration projects were conducted
by the Department of Environmental
Quality and the Metropolitan Service
District to test rubber from waste tires in
paving projects using generic
specifications for rubber-modified
asphalt concrete suitable to Oregon's
climate and paving practices;
- Tire-derived fuel was used in two paper
mills and one cement kiln; and
- Oregon-produced tire-derived fuel was
used in three out-of-state cement kilns.
XXXIX
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PENNSYLVANIA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Tom Woy
Pennsylvania Department of
Environmental Protection
Bureau of Land Recycling and
Waste Management
P.O. Box 8472
400 Market St.
Harrisburg, Pennsylvania 17105-
8472
Telephone: 717-787-7381
FAX: 717-787-1904
Web site: www.dep.state.pa.us
Existing tire regulations were adopted under the Solid
Waste Management Act of 1980. Residual waste regulation
became effective in 1992.
A regulatory change in 1992 redesignated tires as a residual
waste rather than a municipal solid waste.
A $1/tire fee on new tire sales was
established in 1992, under the
Recycling and Planning Act of 1988.
These monies have been redirected to
fund mass transit systems in the State.
No specific regulations.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Waste tire processing facilities
are permitted under a general
permit.
Current requirements include
access control, hazard
prevention, nuisance control,
recordkeeping, reporting, and
site closure. Isolation distances
are required between piles.
Limits set on pile size, height,
and width.
Storage of scrap tires for over 1
year is considered disposal and
is subject to permit
requirements, including pile
size, fire lanes, and placement.
Disposal of whole waste tires in the State of Pennsylvania is
prohibited.
A 5% price preference for State
purchase of supplies that meet recycled
content requirements.
A $1 million Environmental Technology
Fund offers low interest loans for
recycling research and development
projects and for funding new recycling
equipment.
Pennsylvania Department of
Transportation laid two rubber-modified
asphalt paving projects in 1998.
The State has a policy that suggests the
use of whole tires over a landfill cover
system to mitigate the problem of tires
floating in landfills.
xl
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RHODE ISLAND
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler
Regulations
Stephen Morin
Department of Environmental
Management
235 Promenade Street
Providence, Rhode Island 02908
Telephone: 401-277-2771, ext.
2401
FAX: 401-277-3162
Dante lonata
Resource Recovery Corp.
65 Shun Pike
Johnson, Rhode Island 02919
Telephone: 401-942-1430
FAX: 401-946-5174
RIGL 37-15.1, "Hard-to-Dispose Material - Control and
Recycling," applies to scrap tires.
Solid waste management facility regulations apply to tire
dumps and regulate size of piles, fire control measures, etc.
RIGL 23-63, "Vehicle Tire Storage and Recycling," enacted
in 1992, established a $5 deposit on each new vehicle tire
purchased and provided for a full refund to the consumer
upon return of used tires. This deposit system became
effective January 1, 1993.
January 1, 1990, a $0.50/tire tax on new tire sales
was imposed. Revenues are deposited in a "Hard-to-
Dispose Material Account" along with monies from
surcharges on other "hard-to-dispose" wastes
included in the bill. The State generates $3
million/year from the fees to fund educational and
technical assistance programs for collection,
marketing, recycling, reuse, reduction, and safe
disposal of "hard-to-dispose materials"; to establish
grant and research programs; to survey, track, and
monitor hard-to-dispose materials; and to establish
regional collection centers for hard-to-dispose
materials.
Tire recyclers are assessed an initial license fee of
$50 and an annual renewal fee of $25.
Since January 1, 1993, the Rhode Island Port
Authority is required to have a tire site remediation
account funded by an additional $0.75/tire tax on new
tire sales.
Ninety percent of the funds in the tire remediation
account will be used for the cleanup, recycling, and
disposal of existing tire piles; 10% may be used to
assist municipalities with collection and proper
disposal of waste tires.
No specific regulations.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Facilities storing more than 400
tires must obtain a license from
the Department of
Environmental Management.
Tire recycling or recovery
businesses must be licensed by
the Department of
Environmental Management.
Disposal of scrap tires is restricted to one of three methods:
Facilities operated by the State Solid Waste
Management Corporation;
Licensed privately operated tire storage, recycling, or
recovery facilities; or
Transport to an out-of-state recycling facility.
Burning of scrap tires within the State is banned.
Exporting tires for burning as fuel outside the State and
within 30 miles of any reservoir watershed for Rhode Island
can occur only after the DEM receives written assurance
that the burning facility meets all applicable State and
Federal pollution control standards.
The Hard-to-Dispose Material Account funds
educational and technical assistance programs for
collection, marketing, recycling, reuse, reduction, and
safe disposal of hard-to-dispose materials, including
scrap tires.
xli
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SOUTH CAROLINA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Celeste Duckett
South Carolina Bureau of Land and
Waste Management
Division of Solid Waste Planning
and Recycling
2600 Bull St.
Columbia, South Carolina 29201
Telephone: 803-896-4226
FAX: 803-896-4001
E-mail:
ducketcw@columb34. dhec.state.se. us
South Carolina's Solid Waste Policy and
Management Act of 1991 (SB 388 and HB 3096)
contains provisions for a $2/tire tax on the sale
of new tires that became effective in November
1991.
The Act establishes a 10-member Waste Tire
Committee.
The Act requires State and county solid waste
plans to include a section on waste tires.
Department of Health and Environmental Control
(DHEC) is required to establish regulations for
permitting/registering collectors, processors,
haulers, and disposers of waste tires. These
regulations were promulgated in 1993.
For every new tire sold in the State a fee of $2
is collected by the tire retailer. The retailer may
keep 3% for administrative costs. In addition,
the retailer may keep $1 for every old tire that
he or she sends to a permitted waste tire
recycling/disposal facility. The remainder is
sent by the retailer to the State Treasurer's
Office.
Forty-four cents of the $2 goes into the
SCDHEC Waste Tire Fund (part of the Solid
Waste Trust Fund) for grants to local
governments. The Waste Tire Fund may be
used for grants to local governments for the
remediation of stockpiled waste tires, to
construct or operate a tire-derived-fuel facility,
to construct or operate a waste tire treatment
facility, to contract for waste tire treatment
services, to contract for the removal of waste
tires or to perform research designed to
facilitate waste tire recycling or disposal.
The remainder (up to $1.50/tire) is allocated to
the counties directly by the Department of
Revenue on a per capita basis. This money is
allocated on a quarterly basis and is to be used
by the counties for waste tire management
purposes only.
Prohibits counties from charging additional
disposal fees except for oversize and out-of-
state tires.
Counties are required to establish waste
tire collection sites within 12 months of
promulgation of regulations.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
The Department of Health and
Environmental Control currently has
mandatory guidelines for scrap tire
storage.
Requires owners and operators of
waste tire sites to notify the South
Carolina Department of Health and
Environmental Control of the site's
location, size, and number of tires
accumulated.
Bans whole waste tires from disposal at
landfills.
New tire retailers may keep 3% of the $2 State
fee for administrative costs and $1 for every old
tire they send to a permitted waste tire
recycling/disposal facility.
xlii
-------
SOUTH DAKOTA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Vonni Kallemeyn
South Dakota Department of
Environment and Natural
Resources (DENR)
Waste Management Program
Foss Building
523 East Capital
Pierre, South Dakota 57501-3181
Telephone: 605-773-3153
FAX: 605-773-6035
Waste tire law was passed and became effective July 1,
1992.
Amendments became effective on July 1, 1996.
DENR prepared a waste tire study for the Legislature by
January 1, 1993.
Registration fee of $0.25/tire per vehicle
(not to exceed $1/vehicle). Fees are
remitted to the State to develop a grant
fund for tire recycling end uses. The
incineration of tires in waste-to-energy
units does not qualify for grant funds.
No specific regulations.
Effective July 1, 1998, haulers of waste
tires are responsible for transporting
waste tires to a DENR-approved collection
or processing site.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Storage facilities must have a
solid waste permit.
Tire handlers permitted by
DENR to process tires may
accumulate up to 100,000 tires
annually before removal.
Accumulated tires must be
removed annually.
Financial assurance is required
at $2 per tire.
Tires must be cut into at least four pieces or shredded prior
to landfilling.
Open burning of tires is prohibited.
State grant fund for tire recycling end
uses, including funding of tire-derived
fuel programs. The incineration of tires
in waste-to-energy units does not
qualify for grant funds.
Waste Management Program and South
Dakota DOT are working to develop civil
engineering applications for shredded
tires.
xliii
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TENNESSEE
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Alan Ball
Tennessee Department of
Environment and Conservation
Division of Solid Waste Assistance
401 Church Street, L&C Tower
14th Floor
Nashville, Tennessee 37243-0455
Telephone: 615-532-0090
Fax: 615-532-0231
Web site:
www.state.tn.us/environment/swa
State Solid Waste Management Planning Act [Tennessee
Code Annotated (TCA) 68-211-801] was passed in 1991. It
requires the Department of Environment and Conservation
(DEC) to purchase mobile shredders and operate them
throughout the State to process segregated and temporarily
stored tires at landfills, or for the DEC to contract with a
shredding service.
TCA 68-211 -831 was amended in 1996 to allow the State to
spend money to clean up unpermitted waste tire dumps.
TCA amended (by SB 1729/HB 1885) in 1998 to:
Identify beneficial end uses for waste tires to be eligible
for grant reimbursement;
- Authorize the DEC to enter into contracts with
companies that recycle tires;
By 2000, limit tipping fees or waste tires in counties that
receive DEC grants;
- Ban landfilling of tire shreds by 2002.
Since July 1, 1998, fees on waste
disposal in Class I landfills and
incinerators are $0.75/ton. Fees on
new tire sales ($1/tire) became effective
October 1991. State of Tennessee
collects all fees.
Prohibits counties from imposing
additional disposal fees or surcharges
on tires above the tipping fee for regular
garbage.
By January 1995, each county must
establish at least one waste tire collection
site.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Rule 1200-1-7-.04 governs
storage and disposal.
Facility must have a permit.
Since January 1, 1995, whole tires have been banned from
disposal in landfills.
Effective the year 2002 tire shreds will be banned from
landfills.
State grant program for county
governments to find beneficial end uses
for their tires in lieu of State provided
shredding service.
Grant reimbursement for beneficial end
uses of waste tires.
Under the provisions of the law, the DEC
has contracted with a private shredding
service to process tires at county
collection sites.
Four industries are burning tires or tire-
derived fuel.
Signal Mountain Cement Company;
Bowater Inc. (pulp mill);
The Tennessee Valley Authority's
Allen Fossil Plant; and
South Down, Inc. (cement kiln).
xliv
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TEXAS
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
DebbraBohl(MC-125)
Closed Landfills and Automotive
Wastes
Texas Natural Resource
Conservation Commission
P.O. Box 13087
Austin, Texas 78711 -3087
Telephone: 512-239-6695
FAX: 512-239-6015
Prerecorded Information Line:
1-888-892-7833
Web site: www.tnrcc.state.tx.us
No new legislation passed in 1997. Majority of waste tire
recycling statutes expired December 31, 1997.
Health and Safety Code, Article 5, Subchapter P - Waste
Tire Recycling Program expired December 31, 1997.
Health and Safety Code, Article 5, Subchapter C, Section
361.112 - Storage, Transportation, Disposal of Used or
Scrap Tires remains in effect.
$2 waste tire recycling fee was repealed, effective
December 31, 1997.
$0.80 per waste tire unit reimbursement to processors and
waste tire energy recovery facilities was repealed, effective
December 31, 1997.
$9 million available for the remediation
of illegal waste tire dumps. Funding
administered through competitive bid
process.
Tire generators, transporters, storage and
processing facilities must be registered by
the State.
Waste tire generators may be charged for
collection, recycling, and/or disposal
costs.
Annual reports must be submitted to the
State.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
If over 500 scrap tires are
stored on public or private
property, the site must be
registered with the State and
have a site identification
number.
Processors must be registered
with the State of Texas.
Illegal tire dumps identified by
the State prior to December 31,
1997 will be eligible for State-
funded cleanup.
Previous disposal prohibition on tires expired December 31,
1997.
All tires that are disposed of must be split, quartered, or
shredded.
No State-funded incentives. Free
market for collection, processing, and
disposal of scrap tires.
Currently revising rules to reflect
expiration of tire statutes.
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UTAH
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Wade Hansen
Utah State Department of
Environmental Quality
288 North 1460 West
Salt Lake City, Utah 84114-4880
Telephone: 801-538-6751
FAX: 801-538-6715
SB 5, passed in May 1990, established a per-tire graduated
tax.
Local health departments have authority over the
management of waste tires.
Since July 1, 1997, there is a $0.50 per
tire tax on all tire sales including new
car sales. Monies will be deposited in a
recycling fund.
All haulers and collectors must keep
records illustrating how many tires are
picked up, how many tires are disposed of
and where.
All haulers and collectors must be
registered.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
All storage and processing
facilities have to be licensed
through the Health Department.
Facilities storing more than
1,000 tires are required to
furnish bonds, comply with local
zoning and tire ordinances, and
are strictly limited as to how
many tires can be stored at any
one time. The Health
Department enforces a manifest
system to regulate tire
collection.
Not addressed.
Recyclers (end users) can receive up to
$70 per ton for the use of tire-derived
materials in manufactured products and
in TDF. The end user incentive is
administered through local health
departments.
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VERMONT
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Waste
James Surwilo
State of Vermont
Department of Environmental Conservation
Solid Waste Management Program
103 South Main Street, West Building
Waterbury, Vermont 05671-0407
Telepone: 802-241-3481
FAX: 802-241-3296
Recycling
Carol Grodinsky
State of Vermont
Department of Environmental Conservation
Environmental Assistance Division
Laundry Building
Waterbury, Vermont 05671-0411
Telephone: 802-241-3477
FAX: 802-241-3273
Although there is no legislation specific to tires,
scrap tire management is addressed as part of
other environmental legislation.
The State legislature is currently
investigating recommendations of the
State Solid Waste Management
Program, published in 1989, to develop
and propose a disposal/deposit charge
on tires at a rate high enough to
encourage the return of tires to dealers
and to fund scrap tire management
programs.
Scrap tires are considered a solid waste.
As such, commercial scrap tire haulers
need a waste hauling permit.
Storage and Processor
Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Storage facilities and
processors need a permit.
Since January 1, 1992, all tires
have been banned from
disposal in landfills.
Landfills will be allowed to
continue accepting tires if the
facility functions as a tire
recycling facility or a transfer
station.
A 5% price preference is
authorized for products
containing recycled materials.
A higher price preference is
allowed if State entities that will
use the product agree on the
higher price.
Market development grants are
provided to the private sector for
the development of new products
that may stimulate in-State
demand for recyclable materials.
Grants are available to publicly
owned entities for the capital
costs of tire recycling equipment
and programs.
The Agency of Transportation has used tire chips in several projects for slope
stabilization and has done some experimental work using asphalt rubber surface
treatment. Tires have also been allowed to be used for riverbank and slope
stabilization work in several areas, but only above low water level elevations and
where environmental concerns are minimal.
A study was commissioned entitled "A Report on the Use of Shredded Scrap
Tires in On-Site Sewage Disposal Systems." Effective in 1992, the State
approved the use of tire chips in place of crushed stone in septic systems that
have a preapproved design that includes a monitoring system.
The State approves the use of whole tires for retaining walls on a case-by-case
basis.
Tire chips were used successfully as lightweight backfill for a timber binwall.
The binwall was about 400 feet in length and about 10 feet high. Approximately
7,200 cubic yards of tire chips (300,000 tires' worth) were used as backfill.
Tire chips are generally approved for applications that make use of their unique
properties (i.e., light weight, cushioning, transmissivity).
In 1998, the State Department of Environmental Conservation built a leach field
using tire chips in place of stone and will monitor the effluent for 3 years.
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VIRGINIA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Allan Lassiter
Waste Tire Program Manager
Virginia Department of
Environmental Quality (DEQ)
P.O. Box 10009
Richmond, Virginia 23240
Telephone: 804-698-4215
FAX: 804-698-4224
• 1989—the Waste Tire Act was passed which directed the
DEQ to develop and implement a plan to manage waste
tires and set a $0.50 tax on the retail sale of tires, the
proceeds of which are dedicated to the Waste Tire Trust
Fund.
• 1993—General Assembly enacted End User
Reimbursement Program, using Oregon's program as a
model.
• 1994—Current Waste Tire Plan enacted.
• 1995—General Assembly enacted Strict Liability for tire fire
damage on the property owner.
• 1996—General Assembly established as a Class 6 felony
the storing of more than 500 tires without a DEQ permit.
• 1997—General Assembly determined that storing 100 to
499 tires without a DEQ permit would be a misdemeanor.
The $0.50 per tire tax on new tire sales
that was to sunset on December 31,
1994, has been extended with no
expiration date.
Voluntary registration system for haulers
(75 registered as of 1998).
Voluntary use of Waste Tire Certification
for tracking tires.
Certified waste tire collection sites
operated by localities or solid waste
districts (48 certified as of 1998).
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Tire piles at recycling sites may
not exceed 1,000 tires without a
permit.
Storage of more than 100 tires
requires a permit for storage
longer than 90 days.
Most processors need an MRF
facility permit under Virginia's
Solid Waste Management
Regulations.
• Since 1988 whole tires have been banned from landfills.
• Tires that are sliced into two pieces or shredded may be
landfilled.
User Reimbursement Program
achieved beneficial use for 5,830,300
tires in 1995 and 7,606,200 tires in
1996 with end user payments of
$1,705,575 in 1995 and $2,210,196 in
1996.
The Advisory Committee and DEQ
developed a four-year, $14.7 million,
management program consisting of
regional tire collection and processing
programs, the end user reimbursement
system and six demonstration waste tire
pile cleanups.
In 1993 a Statewide tire pile survey
documented 731 tire piles containing an
estimated 17,600,000 tires at an
estimated cleanup cost of $32 million.
Stockpile cleanups continue at a steady
pace. In 1997, 37 piles containing
4,665,400 tires were cleaned up under
End User Reimbursements (only); and six
cleanup demonstrations cleaned up
2,866,500 tires for a combined total of 43
sites and 7,531,900 passenger tire
equivalents (PTE's).
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WASHINGTON
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Randy Martin
Washington Department of Ecology
(DOE)
Solid Waste and Financial
Assistance
Mail Stop 47600
P.O. Box 47600
Olympia, Washington 98504-7600
Telephone: 360-407-6136
FAX: 360-407-6102
Washington Administrative Code 173-304-420 addresses
storage of scrap tires.
The tire fee on the retail sale of new
tires sunsetted October 1994.
Haulers must pay a $250/year license fee
and must document delivery of scrap tires
under provisions of the current scrap tire
law.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
A permit from the local
jurisdiction is necessary for tire
piles of more than 800 tires.
Storage yard owners must
develop site plans with local fire
departments for fire control.
Storage yard owners must
comply with size and enclosure
requirements.
Site owners must document
delivery of scrap tires.
The State's combustor rules limit the number of tons of
solid waste that can be burned in incinerators or industrial
boilers that are not solid waste combustion facilities to 12
tons/day. These rules apply to tire fuels and equal 50
tires/hour.
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WEST VIRGINIA
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Paul Benedun
West Virginia Division of
Environmental Protection
Office of Waste Management
1356Hansford Street
Charleston, West Virginia 25301
Telephone: 304-558-6350
FAX: 304-558-1574
October 1991 Special Section. SB 18 - Chapter 20, Article
11, Section 8, effective June 1, 1993, bans the disposal of
waste tires in landfills.
Not addressed.
Regulated by West Virginia Public Service
Commission.
Haulers must obtain a certificate from the
West Virginia Public Service Commission.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
No more than 500 waste tires
can be stored unless a facility or
tire dealer is permitted.
Stationary processing facilities
must be permitted. Mobile
shredders are not required to
have a permit.
Storage at processing facilities
is limited to one pile (or as
approved by the permit) of
whole tires, and no more than 9
piles of shredded tires, each pile
measuring no more than 200
feet by 50 feet by 15 feet.
Since June 1, 1996, the disposal of waste tires in landfills
has been banned. Incineration of solid waste, including
tires, has been prohibited since May 1, 1993, except for
"pilot" projects.
Alternative reuse plans for non-cut or whole tires may be
submitted for consideration for approval.
Not addressed.
Shredded tires may be used as landfill
daily cover or in the landfill liner as a
leachate drainage.
Waste tires or tire-derived material may
be beneficially reused as approved or may
be used as an alternative or supplemental
fuel with appropriate Air Quality permits.
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WISCONSIN
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Paul Koziar
Wisconsin Department of Natural
Resources
Bureau of Waste Management
P.O. Box 7921
101 South Webster Street
Madison, Wisconsin 53703
Telephone: 608-267-9388
FAX: 608-267-2768
AB 481, passed in 1987, established a tire fee.
Act 355, passed in 1990, banned scrap tires from landfills
as of January 1, 1995.
There was a $2/tire fee on new vehicle
titles. The fee generated approximately
$3 million annually. Funds were
deposited in the Waste Tire Removal
and Recovery Program.
Fee/funding for the program sunsetted
June 30, 1996.
All waste collectors, transporters, storage
and processing facilities must be licensed.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
All waste collectors,
transporters, storage and
processing facilities must be
licensed.
Proof of financial responsibility
for stored tires.
Since January 1, 1995, tires have been banned from being
disposed of in landfills.
The Waste Tire Reimbursement Grant
Program is designed to provide
financial assistance regarding the cost
of developing or operating certain types
of waste tire reuse, and provides
eligible companies with a $20/ton (or
$0.01/Ib) reimbursement for use of
waste tire material for energy recovery,
construction or in the manufacture of
products. Annually, $750,000 is set
aside for this purpose.
Beginning in 1994 processors of waste
tires were eligible for a similar
reimbursement as end users.
Additionally, if waste tires were used to
make a product, the reimbursement
was increased to $0.02/lb.
The State's Waste Tire Management or
Recovery Grant Program is intended to
research new uses and expand existing
uses of scrap tires. It has funded the
following projects:
- Air emission testing to evaluate air
emissions resulting from the
combustion of waste tires with coal
and wood waste;
- Testing fly ash and bottom ash
resulting from combustion of waste
tires and wood;
Environmental assessment of air
emissions for the proposed waste tire
medical waste incinerator;
Testing combustion technology;
Investigating fuel feed system designs
to accommodate combustion of waste
tire material in fluidized bed boiler
Testing the development of various
rubber products, such as bed liners for
pick-up trucks;
- Testing leaching characteristics of
shredded waste tires;
Constructing roads using rubberized
asphalt.
The State's waste tire cleanup program is
intended to clean up nuisance waste tire
stockpiles:
$2 million set aside annually to clean
up 2 million tires per year; and
Cost recovery from responsible
parties.
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WYOMING
State Contact
Legislation and Regulations
Funding Sources/Fees
Collector, Seller, and Hauler Regulations
Timothy Link
Wyoming Department of
Environmental Quality
Solid and Hazardous Waste
Division
122 West 25th Street
Herschler Building, 4-West
Cheyenne, Wyoming 82002
Telephone: 307-777-7164
FAX: 307-777-5973
HB 213, passed in 1989, amended the Solid Waste
Management Act for solid waste storage and treatment
facilities. It established bonding and location requirements
and a permitting system for solid waste facilities, and limits
the accumulation of waste, including tires, prior to disposal.
Not addressed.
Levels are set for the number of tires that
can be stored at retail stores, collection
centers, and landfills without obtaining a
permit.
Storage and Processor Regulations
Disposal Restrictions
Financial/Market Incentives
Additional Information
Levels are set for the number of
tires that can be stored at retail
stores, collection centers, and
landfills without obtaining a
permit.
Landfills must have a permit to
store more than 5,000 whole
tires.
Regulations establish bonding
and location requirements and a
permitting system for solid
waste facilities. (Tires are
defined as a solid waste.)
Not addressed.
Not addressed.
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