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26.04.08.00.htm 26.04.08.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE Chapter 08 Storage, Collection, Transferring, Hauling, Recycling, and Processing of Scrap Tires Authority: Environment Article, §9-201, 9-228, 9-262, 9-268, 9-274, 9-275, 9-277, and 9-278, Annotated Code of Maryland
26.04.08.01.htm 26.04.08.01. 01 Scope.. Except as otherwise specifically provided, these regulations apply to all persons engaged in the storage, collection, transferring, hauling, recycling, or processing of scrap tires.
26.04.08.02.htm 26.04.08.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Approved facility" means a facility located in or outside of the State for collecting, recycling, or otherwise processing scrap tires that is approved or licensed by the Department in accordance with regulations adopted by the Department.2) "Authorization" means the granting of approval or licensure by the Department to handle scrap tires.3) "Clean-up" means the p
26.04.08.03.htm 26.04.08.03. 03 General Provisions and Specifically Prohibited Acts.. A. General Provisions. A person may not haul, transfer, store, collect, recycle, or engage in other methods of processing of scrap tires in a manner which will likely:1) Create a nuisance;. 2) Be conducive to insect and rodent infestation;. 3) Cause a discharge of any constituents derived from scrap tires into the air unless otherwise permitted by the Department;4) Cause a discharge of any constituents derived f
26.04.08.04.htm 26.04.08.04. 04 Scrap Tire Licenses.. A. Scrap Tire Hauler License Requirements.. 1) The requirements applicable to scrap tire haulers are as follows:. a) Beginning on July 1, 1992, a scrap tire hauler is required to have a license issued by the Department to transport scrap tires; andb) Beginning on July 1, 1992, a licensed scrap tire hauler shall transport scrap tires in accordance with these regulations.2) Those transporting not more than five scrap tires annually are exempt fr
26.04.08.05.htm 26.04.08.05. 05 Scrap Tire Hauler License Application Procedures.. A. Application Form. To apply for a scrap tire hauler license, a scrap tire hauler license application form shall be completed as set forth in §B of this regulation.B. The Department shall develop and make available a scrap tire hauler license application form. The application shall contain, at least, the following information:1) The name, mailing address, and telephone number of the applicant;.
26.04.08.06.htm 26.04.08.06. 06 Departmental Review of Scrap Tire Hauler License Applications.. A. Application Completion Criteria. Applications for a scrap tire hauler license are considered complete only if they are:1) Submitted on application forms provided by the Department;. 2) Accompanied by all required exhibits and supporting documents, as applicable; and. 3) Completed in full and signed by the applicant.. B. Upon receipt of a completed application, the Department may deny the license if the:.
26.04.08.07.htm 26.04.08.07. 07 Terms and Conditions of a Scrap Tire Hauler License.. A. Term of License. A scrap tire hauler license shall be issued for a term of 5 years.. B. Conditions.. 1) Unless specifically exempted by statute or regulation, a licensed scrap tire hauler shall meet the criteria in §B(2)7) of this regulation as a condition of the license.2) A licensed scrap tire hauler shall operate in a manner consistent with the scrap tire hauler license and application.3) A licensed scrap tire
26.04.08.08.htm 26.04.08.08. 08 License Application Procedures ― Scrap Tire Collection Facilities/Scrap Tire Recyclers.. A. General Application Form. An applicant for a scrap tire collection facility license or a scrap tire recycler license shall complete and submit an application form provided by the Department. The content requirements of the general portion of the application are set forth in §B of this regulation. Specific application information requirements according to the facility ty
26.04.08.09.htm 26.04.08.09. 09 Application Review ― Scrap Tire Collection Facility/Scrap Tire Recycler Licenses.. A. Application Completion Criteria. An application for a license as a scrap tire collection facility or a scrap tire recycler is considered complete only if it is:1) Submitted on forms provided by the Department;. 2) Accompanied by all required exhibits and supporting documents;. 3) Accompanied by certification of acceptance by the Service if designated for inclusion in the scra
26.04.08.10.htm 26.04.08.10. 10 Conditions for Scrap Tire Collection Facility/Scrap Tire Recycler Licenses.. A. Term of License. A license for a primary and secondary scrap tire collection facility or scrap tire recycler shall be issued for a term of 5 years.B. Conditions.. 1) Unless specifically exempted by statute or regulation, a facility licensee shall meet the criteria in §B(2)10) of this regulation as a condition of the license.2) The facility shall be operated in a manner consistent with the primary a
26.04.08.11.htm 26.04.08.11. 11 General Standards ― Primary Scrap Tire Collection Facilities/Scrap Tire Recyclers.. A. Location of Facility. A primary scrap tire collection facility or a scrap tire recycler may not be constructed or operated in a wetland, sinkhole, shoreland, ravine, 100-year floodplain, or any area where it may be subjected to immersion in water, unless authorized by the Department and the Department of Natural Resources.B. Operation. A primary scrap tire collection faci
26.04.08.12.htm 26.04.08.12. 12 Specific Requirements ― Primary Scrap Tire Collection Facilities/Scrap Tire Recyclers.. A. Additional Application Requirements. In addition to the information described in Regulation .08B of this chapter, the application for a primary scrap tire collection facility or scrap tire recycler license shall include the following information:1) A description of facility operations, including a technical description of the methods and procedures used at the facility
26.04.08.13.htm 26.04.08.13. 13 Requirements for Approval of In-State Facilities.. A. A substitute fuel/tire-derived fuel facility or solid waste acceptance facility shall be approved by the Department before accepting any scrap tires.B. After the appropriate application required by Regulation .14 or .15 of this chapter is submitted to the Department, facility approval may be granted by a modification to a permit issued to the facility under other applicable State or federal statutes and regulations.
26.04.08.14.htm 26.04.08.14. 14 Substitute Fuel/Tire Derived Fuel Facility Approval Requirements.. A. Application Requirements. A person who wishes to use scrap tires as a substitute fuel in a resource recovery facility or in a facility that uses tires as a tire-derived fuel shall submit an application for approval to the Department. The application shall include the following information:1) The information required by Regulations .08B and .12 of this chapter; and. 2) The following additional information:.
26.04.08.15.htm 26.04.08.15. 15 Solid Waste Acceptance Facility Approval Requirements.. A. A solid waste acceptance facility seeking to become an approved scrap tire facility after December 31, 1993 shall possess a valid refuse disposal permit as set forth under COMAR 26.04.07.B. Application. An applicant requesting approval of a solid waste acceptance facility as a scrap tire facility shall make application to the Department and, in addition to the information specified in Regulation .08B of this
26.04.08.16.htm 26.04.08.16. 16 Reserved..
26.04.08.17.htm 26.04.08.17. 17 Technical and Operational Standards to Store Scrap Tires.. A. Designation of Scrap Tire Storage Areas. For those scrap tire facilities that will store scrap tires, a scrap tire storage area shall be used. Only scrap tires, including processed portions and raw material, may be stored in the designated scrap tire storage area. This area shall be maintained free of excessive vegetation or other flammable materials.B. Scrap tires shall be stored indoors or outdoors
26.04.08.18.htm 26.04.08.18. 18 Facility Closure.. A. Except for general scrap tire collection facilities, an authorized scrap tire facility shall cease to accept scrap tires and immediately close the scrap tire operations in compliance with any special closure conditions established in the authorization under these regulations, if the following occur:1) Facility operations or the scrap tire portion of facility operations have been terminated;.
26.04.08.19.htm 26.04.08.19. 19 Closure Procedures.. A. Closure Schedule. Unless otherwise described in a scrap tire facility closure plan accepted by the Department, closure procedures shall be completed within 90 days of cessation of facility operations, license revocation, license denial, or final order of the Department.B. Closure Procedures. For closure, the scrap tire facility shall:. 1) Close to public access;. 2) Post a gate notice indicating to the public that the facility is closed
26.04.08.20.htm 26.04.08.20. 20 Cost Estimate for Closure.. A. For each scrap tire facility, where a closure plan is required, an estimate shall be made of the costs for the transfer of the scrap tires to an authorized scrap tire facility or to the marketplace, and for the removal of all solid waste to a permitted solid waste acceptance facility, for the maximum amount of these materials that exist on the site at any time.B. The estimate shall be done according to a work sheet developed by the De
26.04.08.21.htm 26.04.08.21. 21 Financial Assurance Required.. A. Financial assurance for the closure of a primary scrap tire collection facility, a scrap tire recycler, or any approved facility, shall be established by obtaining one or more of the financial assurance mechanisms approved by the Department.B. A deposit of cash, performance bond, letter of credit, insurance policy, or negotiable securities submitted under this regulation shall be filed with the Department and remain in effect until the D
26.04.08.22.htm 26.04.08.22. 22 Release of Obligation for Financial Assurance.. When a facility described in Regulation .21A of this chapter has completed, to the satisfaction of the Department, all closure requirements in accordance with the closure plan and these regulations, the Department shall release the security filed or deposited under Regulation .21 of this chapter.
26.04.08.23.htm 26.04.08.23. 23 Renewal of Expired Authorization.. A. A written application for renewal of an existing license or approval shall be submitted 90 days before the expiration date of the authorization.B. A person whose authorization has expired following submission to the Department of a timely and complete renewal application may continue to conduct the authorized activity until the Department takes final action on the application, if the Department determines that the:
26.04.08.24.htm 26.04.08.24. 24 Modification or Transfer of Authorization.. A. Modification. The Department may modify any existing authorization if the modification is needed to reflect changes in State or federal statutes or regulations applicable to a scrap tire facility or hauler. This modification shall also be incorporated into a facility closure plan or emergency preparedness manual, and other documents as appropriate.B. Transfer.. 1) An existing authorization may be transferred to
26.04.08.25.htm 26.04.08.25. 25 Enforcement Provisions.. A. Suspension or Revocation of Authorization.. 1) The Department may suspend, revoke, or modify any authorization if the Department finds that:. a) The application contained false or inaccurate information;. b) There has been a substantial deviation from:. i) The documents accepted by the Department as terms or conditions of authorization, or. ii) Any requirement established by the Department;. c) A representative of the Department has been ref
26.04.08.26.htm 26.04.08.26. 26 Use of the State Used Tire Clean-up and Recycling Fund.. A. Authorization. There is a State Used Tire Clean-up and Recycling Fund (the Fund) as established in Environment Article, §9-273, Annotated Code of Maryland.B. Allocation of the Fund. The Department shall use the Fund in accordance with the provisions of Environment Article, §9-275, 9-277, and 9-278, Annotated Code of Maryland.C. Procedures for Allocation of the Fund for the Scrap Tire Recycling System..
26.04.08.27.htm 26.04.08.27. 27 Application Procedures for the Award of Financial Assistance.. A. Authorization. The Service, with the approval of the Department and the Board of Public Works, in accordance with these regulations, may award grants, loans, and loan guarantees to State agencies, local governments, and persons located or locating in Maryland for projects to reduce, recover, and recycle scrap tires generated in Maryland through the expansion or construction of scrap tire collec
26.04.08.28.htm 26.04.08.28. 28 General Requirements and Priorities for Financial Assistance.. A. General Requirements. Loans or grants obtained under Environment Article, §9-275(a)2) Annotated Code of Maryland, shall be:1) Subject to the approval of the Department and the Board of Public Works;. 2) Made in accordance with policy and procedures of the Board of Public Works;. 3) Serviced, monitored, and collected (loans) by the Service;. 4) Issued for loans, at least, at the same rate of interest as the most rec
26.04.08.9999.htm 26.04.08.9999. Administrative History Effective date: July 6, 1992 (19:13 Md. R. 1204).
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