13B_.1100_TrackedChanges

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15A NCAC 13B .1101 is readopted as published in 32:24 NCR 2717 as follows:
15A NCAC 13B .1101 DEFINITIONS
The definitions in G.S. 130A-309.53 and the following definitions shall apply throughout this Section:
(1) 'Disposal site" means any place at which scrap tires are disposed of by sanitary landfill or
incineration. landfill, -atio eF other- method . y be approved by the r,; sie
(2) "Processing" means chopping, chipping, shredding, slicing, cutting, stamping, dyeing, py-Felizing
pyrolizing, or other physicochemical processing of scrap tires either for disposal or production of
useable materials.
f3) "Semp tire menefill" fneQ33s a sa-nitai=y landfill, or- pai4ian thereof-, pefmitted exelusively for- serap
tire dispe&a4-.
History Note: Authority G.S. 130A-309.57;
Eff. October 1, 1990. 1990;
Readopted Elf. December 1, 2018.
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I 15A NCAC 13B .1102 is repealed through readoption as published in 32:24 NCR 2717 as follows:
3 15A NCAC 13B .1102 APPLICATION FEE AND ANNUAL PERMIT FEE
5 History Note: Authority G.S. 130A-309.57;
6 Eff. October 1, 1990. 1990;
7 Repealed fff.December 1, 2018.
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I 15A NCAC 13B .1103 is readopted as published in 32:24 NCR 2717 as follows:
3 15A NCAC 13B .1103 GENERATOR OF SCRAP TIRES
4 No person shall discard, deposit deposit, or dispose of a scrap tire except at a site or facility permitted to receive scrap
5 tires under these Rules, or at a'o,.� business exempt from a permit under G.S. 130A-309.57(d).
7 History Note: Authority G.S. 130A-309.57;
8 Eff October 1, 1990. 1990;
9 Readopted Elf. December 1. 2018.
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I 15A NCAC 13B .1104 is readopted with changes as published in 32:24 NCR 2717 as follows:
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3 15A NCAC 13B .1104 GENERAL CONDITIONS
4 (a) Landfilling of whole scrap tires is prohibited. Shreds or portions of scrap tires less than half of a whole scrap
5 pneumatic tire shall be suitable for landfilling.
6 (b) The owner or operator of a scrap tire disposal site or processingfacility may submit a request to the Division to
7 use a scrap tire disposal or processing method Demonstrated methods of ^^"^^ tire dispe ^' i addition to other than
8 the disposal methods in G.S. 130A-309.58. . The request shall be
9 included with a permit application or renewal submitted to the Division in accordance with Rule .1106 of this Section,
10 and shall be approved by the Division if the owner or operator demonstrates that the proposed method meets
11 the following conditions:
12 O is protective of human health and the environment;
13 (2) does not create a nuisance or safety hazard; and
14 (33) complies with the requirements of this Subchapter.
15 (e) The tire eolleeteF shall notify the Division by submitting a form giving eemplete infoFmation regarding the
16 laeatien, size, per-ied ef eper-atieff, owner -ship and epereAien of the site, and the number of scrap tires aeetimuW
17 the site
18 Lc)(d) Scrap Tire Certification Forms tiro eei4i eatien f fm^, in accordance with G.S. 130A-309.58(f) shall be
19 obtained from units of leeal government. the Division website at https://deq.nc.gov/about/divisions/waste-
20 mana eg ment.
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22 History Note: Authority G.S. 130A-309.57, 130A-309.58;
23 Eff October 1, 1990. 1990;
24 Readopted Elf. December 1, 2018.
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I 15A NCAC 13B .1105 is readopted as published in 32:24 NCR 2717 as follows:
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3 15A NCAC 13B .1105 PERMIT REQUIRED
4 (a) No person, other than a person exempted by G.S. 130A-309.57(d), shall establish, operate or maintain, or allow
5 to be established, operated or maintained upon land owned, leased, or otherwise controlled by that person, his !a-nd, a
6 scrap tire collection site or scrap tire disposal site unless a permit for the site has been obtained from the Division.
7 (b) ^ „pheation for permits Applications for permits submitted in accordance with Rule .1106 of this Section required
8 by this Rule shall be forwarded to the Division of Waste Management, Solid Waste Section, 1646 Mail Service Center,
9 Solid Waste r,r.,nage.,.o,,.,-,ivision P.O. Be* 27647 Raleigh, North Carolina 27699-1646. 27611.
10 (c) A permit is issued to the permit applicant for a particular site and shall not be transferable. is ren ..-ansf ffable.
11 (d) Ser-ap tire ealleetion sites exempt ffem pefmit4ing tmder- G.S. 130A 309.57(d) and Rule .1 105(i) of this Seeti
12 afe not subjeet to the storage requirements of Rule. 1107 of this Seefien with the exeeptien of Rule. 1107(11) and (2)(6).
13 Ld, e) Trailers and covered roll -off containers used as scrap tire collection facilities are exempt from the requirements
14 of Rule .1106(c) of this Section with the exception of Subpara rag phs (c)(3) and (c)(5) of this Rule. 3, ^� �- 8 and 10.
15 (f) A permitted sanitary landfill, other than a demolition landfill is deemed pefmitted as a ser-ap tire disposal si
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17 (g) A permitted sa-aitafy landfill eper-ated by a tmit ef leeal goveoffnent is deemed pefmitted as a serap tire eolleeti
18 site and may store tip to 25,000
19 Le)(h) Scrap tire collection sites operated by units of local ,government are exempt from the financial responsibility
20 requirements established in Rule .1111 of this Section. Units of leeal gavemment are at r-e ir-ea to pfevide pE)
21 finan ial responsibility.
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23 History Note: Authority G.S. 130A-309.57;
24 Eff October 1, 1990. 1990;
25 Readopted E,(f. December 1, 2018.
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l 15A NCAC 13B .1106 is readopted with changes as published in 32:24 NCR 2717 as follows:
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3 15A NCAC 13B .1106 SCRAP TIRE COLLECTION SITE PERMIT REQUIREMENTS
4 (a) A scrap tire collection site permit shall be issued for a period of five years. Permit renewal
5 applications shall be submitted to the Division Depaftmenot less than 60 days prior to the expiration date of the
6 permit.
7 (b) A permit shall specify the storage limit for limit the number of tires stered at ^ scrap tire collection site. site to
8 the sta4ed nttmber- of tires shipped off site andler- dispesed of en site per- mefAh, unless ether -wise speeified by the
9 Divisieft. At ne fifne shall mer-e than 60,000 ser-ap tires be ster-ed a4 a ser-ap tire eelleetion site. Ster-age lifnits fe
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11 (c) Scrap tire collection sites shall meet the following siting and design requirements in or -de for a permit to be issued:
12 (1) A a site shall not be located within either the 100-year floodplain or 100 feet of any surface water;
13 water A site shall not be located within any wetland as defined in the Federal Clean Water Act,
14 section 404(b)(1). 404(b)(1), which is hereby incorporated by reference, including any subsequent
15 amendments or additions.
16 (2) A a site shall maintain a fninimum of 50-foot buffer between all property lines and scrap tire
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storage ems. areas;
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(
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(D(4)
The the site shall be served by an access road -e that shall be kept passable at all times for any
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motor vehicle, including fire trucks; tmeks, ^+ all ti
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J4�(S)
Dfai age shall be e ff etive to the site shall be designed to prevent standing water on -site and slfall
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not eause rp event off -site drainage problems. problems;
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{
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(7)
, if .
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W(-9)
Access access to the site shall be controlled to prevent unauthorized entry through the use of barriers
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such as fences, gates, or berms; andb^-n^, ratffal affi^r-^ or ethe m^
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to(-9)
The the site shall be , if designed to rn event beep liquid
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runoff from a potential tire fire from entering any surface water.
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.
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(d) in addition
to the f rm pFeseFibed and provided by the Division, thfee eepies of the The following information
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shall be submitted to the Division in an application for a scrap tire collection site permit:
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(1)
Name name and location of proposed facility, including street address or state road number, city,
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county, and zip code; eat
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(2)
Name, name, address, telephone ntHRbe number, and signature of site operator, eper-aten
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(3)
Name, name, address, telephone i+umber- number, and signature of property owner, a and a
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copy of the deed or other legal description of the site that would be sufficient as a description in an
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instrument of conveyance, showing property owner's name;
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(4) A a map or aerial photograph eeeiffa4e! showing the area within one-fourth mile of the site, and
identifying the following:
(A) Entir-e the property owned or leased for use as a scrap tire collection site by the applicant;
and
(B) Lee-atien the location of all homes, buildings, public or private utilities, roads, wells, water
courses, fleedplains floodplains, and other applicable details regarding the topography;
topegfaphy.
(5) A a description of the gcHeral operation of the facili • faeility.
(6) Sexr-ees [seufeesl
a -ad "antity of tires eicpeeted, expr-essed in tons (assume 100 tires per- ton er- tefl-
tires..bie d o af)month;per "a-atity of tires to be stored on site and "antity-4
tires to be shipped ag site-pef LL
quantity of tires, expressed in tons, for
lthe following
(A) the quantity expected to be received per month from each source;
(B) the quantity expected to be shipped off -site per month; and
(C) the quantityeUected to be stored on -site.
(7) Plans plans for disposition of all tires collected at the site, including the names, addresses, messes
and permit information, if applicable, of all facilities where the tires will be recycled, processed, or
disposed; .
(8) Pr -ejected the projected date of commencing operation; eperation..
(9) A a description of how any waste resulting from the operation of the tire site will be disposed;
(10) A a description of how the scrap tire collection site will meet the siting and design requirements of
Paragraph (c) of this Rule; Rule .1 106(e).
(11) A a letter stating that this use complies with local zoning from the unit of local government having
zoning authority over the site. If no zoning is applicable, the unit of local government shall provide
documentation to that effect; effeet.
(12) A a letter from the local fire protection authority accepting the responsibility for fire protection
services and an annual fire safety survey for the kIL side.
(13) A a description of how the scrap tire collection site will meet the operational requirements of Rule
.1107 of this Section; cep
(14) Dew documentation of the operator's ability to meet the financial responsibility
requirements of Rule . I I I I of this Section; Seetien..
15 documentation that all processors or recyclers have access to a disposal site that is permitted to
receive scrap tires; and
16 documentation from the Division of Energy, Land, and Mineral Resources within the Department
stating that the planned site use and operations comply with the requirements of the Sedimentation
Pollution Control Law (15A NCAC 04).
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2 History Note: Authority G.S. 130A-309.57;
3 Eff. October 1, 1999-1990;
4 Readopted Ejf. December 1, 2018.
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l 15A NCAC 13B .1107 is readopted with changes as published in 32:24 NCR 2717 as follows:
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3 15A NCAC 13B .1107 SCRAP TIRE COLLECTION SITE OPERATIONAL REQUIREMENTS
4 Scrap tire collection sites shall meet the following operational requirements:
5 (1) Owners and operators of collection sites that process scrap tires shall submit to the Division an
6 annual report by August 1 of each year, for the previous calendar year. The report shall be submitted
7 on a form prescribed by the Division. The following information shall be included in the report:
8 fa) the facility name, address, and permit number;
9 (b) the year covered b. t�port,
10 Lc) the total quanti , and We of scrap tires or processed tires received at the facility during
11 the year covered b, the
12 (d) the total quantity and We of scrap tires or processed tires shipped from the facility during
13 the year covered b, the
14 (e) the quantity of scrap tires or processed tires shipped to each receivingfacility identified by
15 name and address; and
16 the total quantity and of scrap tires or processed tires located at the facility on January
17 1 of the year covered by the report.
18 "The Standafd
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20 Asseeia4ion, Ba4terymafeh Park,
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22 (2) All scrap tire collection, proeessing processing, or disposal sites whieh that store scrap tires or
23 processed tires outdoors must shall comply with the following technical and operational standards:
24 (a) Whole scrap tires shall be placed in an outdoor scrap tire pile(s) having dimensions no
25 greater than 200 feet in length, 50 feet in witk width, and 15 feet in height.
26 (b) A 50-foot wide fire lane shall be placed around the perimeter of each scrap tire pile. Access
27 to the fire lane for emergency vehicles shall be unobstructed and passable at all times.
28 (c) The owner or operator of any scrap tire collection site shall control mosquitoes and rodents
29 se as to protect the public health and welfare. Whole and sliced artial sera^ tires,and ethef
30 scrap tires capable of holding water shall be covered upon receipt with a water shedding
31 material or disposed of, proeessed processed, or removed from the site within ten days of
32 receipt. Sliced scrap tires stacked concave -side down shall not be are no required to be
33 covered. The Division magpprove other methods of rodent and mosquito control, if the
34 owner or operator submits a request for the proposed method in writing to the Division,
35 and demonstrates the effectiveness of this method to be protective of public health and the
36 environment, and to comply with the requirements of this Subchapter.
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(d) If the scrap tire collection site receives tires from persons other than the operator of the
site, a sign shall be posted at the entrance of the site and the sign shall state the operating
hours. An attendant shall be present when the site is open for receipt of tires.
(e) No operations involving the use of open flames, blow torches, fiches or highly flammable
substances shall be conducted within 50 feet of a scrap tire or processed materials pile.
(f) A fire safety survey shall be conducted annually by local fire protection authorities that
accepted responsibility for fire protection services in the letter submitted in accordance
with Rule. I106(d)(12) of this Section. authorities or- other persons as approved by -the
i Drrisivir.
(g) Communication equipment shall be maintained at the scrap tire collection site to assure
that the site operator can is able to contact local fire protection authorities in case of a fire.
(h) The ser-ap tire storage afea(s) within the serap tire eelleetion site shall be kept fiee 0
Debris, grass, underbrush, and other potentially flammable vegetation shall not be within
10 feet of scrap tires or processed materials. at all
(i) The operator of the scrap tire collection site shall prepare and keep an emergency
preparedness manual at the site. The manual shall be updated at least once a year, or upon
changes in operations at the site. . The manual shall
contain the following elements:
(i) A a list of names and numbers of persons to be contacted in the event of a fire,
fleet# flood, or other emergency;
(ii) A a list of the emergency response equipment at the scrap tire collection site, its
location, and how it should be used in the event of a fire or other emergency;
(iii) A a description of the procedures that: sheer to be followed in the event of a fire,
including procedures to contain and dispose of the oily material generated by the
combustion of large numbers of tires; and
(iv) A a listing of all hazardous materials stored on -site, their location, leeations and
information regarding precautions. pr-eeautions ..,> ieh should be take , ,ith these
materials.
(j) The operator of the scrap tire collection site shall within 24 hours inu exxxsnediatee-lip notify the
Division in the event of a fire or other emergency if that emergency has potential off -site
effects. Within two weeks of any emergency involving potential off -site impact, the
operator of the site shall submit to the Division a written report describing the cause(s) of
the emergency, actions taken to deal with the emergency, results of the actions taken, and
an analysis of the success or failure of these actions.
(k) The operator of the scrap tire collection site shall maintain the following records and make
them available for inspection by the Division at the Division's request: at his it state p e
e e
M.
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0 a copy of the permit;
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ii records of the quantity of scrap tires and processed tires received at the site, stored
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at the site and shipped from the site, including destination (name and address of
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facilit • €aeility) and
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iii all certification forms applicable to any tires received, store o# stored, or shipped
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from the site.
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(1) Unless otherwise specified by the Division in the facility permit, the The number of scrap
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tires stored at a scrap tire collection site shall not exceed 60,000 tires on site at any time
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and shall not exceed the stated number of scrap tires shipped off -site per month plus the
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stated number of scrap tires disposed of on -site per month, except that the storage limit for
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collection sites associated with scrap tire processing facilities shall be determined by
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multiplying the daily through put of the processing_ equipment used by 30. unless Otte -wise
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speeified by the Division. At no fifne shall fner-e than 60,000 ser-ap tires be stored at a semp
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tire eelleetion site. Storage limits for eelleetion sites pefmitted in asseeiation wi
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pFoeesring facilities shall be determined as in Rule > > > O(a) of this Seeti ,
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(in) A scrap tire processingfacility acility shall not accept any scrap tires for processing above the
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number that may be processed daily if it has reached its storage limit. At least 75 percent
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of both the scrap tires and processed tires that are delivered to or maintained on the site of
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the scrap tire processingfcility site shall be processed and removed for recycling or
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disposal at a solid waste management facilily permitted by the Division to receive such
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waste within one year of their receipt.
22 (n) The temperature of any above ground piles of compacted, processed tires over 1,000 cubic
23 yards in size shall be monitored and shall not exceed 300 degrees Fahrenheit. Temperature
24 control measures shall be instituted so that pile temperatures do not exceed 300 degrees
25 Fahrenheit. Temperature monitoring and controls shall not be required for processed tires
26 disposed of in sanitary landfills permitted by the Division to receive such waste.
27 (o) The operator of the scrap tire collection site shall prepare and keep a contingencYplan
28 stating disposal methods or other means to handle tires during adverse weather, equipment
29 failure, or other conditions that cause the site to be unavailable.
30 (3) Pr-eeessed fiFes shall be steFed in aeoer-danee with the rv"iFements of indeoF oF outdoor storage in
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this Rule, and ; aceer-danee with the
f li,,.. inn!
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eepAfel measiires shall be
insfi44ed that temper-afffes do
300 deg
so pile not
exeeed
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disposed of in ,.",., hied landfills-.
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Any from tire be te be
(b) r-esiduals a serap eelleefien site shall managed se as eef4ain
be disposed in
en site, and shall eentr-elled and of a pefmit4ed solid waste management
(4)
,.heating ser-ap Fifes if --
(a) ,
removed from the site f; r pFeeessing r disposal; an
(b) The Division the leefire th4 the site .. has-
and al authority s4isfi.e.7 or -operator
fire to tire
stiffieient . . aipmefA er- m4erials on site extinguish any potential
fife within ., aeeeptable length of time.
History Note: Authority G.S. 130A-309.57;
Eff. October 1, 1999-1990;
Readopted Elf. December 1, 2018.
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I 15A NCAC 13B .1108 is repealed through readoption as published in 32:24 NCR 2717 as follows:
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3 15A NCAC 13B .1108 SCRAP TIRE DISPOSAL SITE PERMIT AND OPERATIONAL
4 REQUIREMENTS
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6 History Note: Authority G.S. 130A-309.57;
7 Eff. October 1, 1990. 1990;
8 Repealed Eff. December 1, 2018.
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15A NCAC 13B .1109 is readopted as published in 32:24 NCR 2717 as follows:
15A NCAC 13B .1109 CLOSURE OF NON -CONFORMING SITES
(a) Any scrap tire collection or disposal site •eh that does not meet the requirements of this Section shall be closed.
(b) In closing any non -conforming scrap tire site sib the owner or operator shall:
(1) Pr -eve rn event public access to the site;
(2) Pest >l ost a notice indicating the site is closed and the nearest permitted site where scrap tires may
e-a-a be deposited;
(3) Netify notify the Division of the closing aaa ebtai Dop,.,.tment,.l approval of the ..la to remove
des prior to tire removal;
(4) Remove remove all scrap tires, processed tires tires and residuals to a waste scrap tire collection site
r. f e l ity, that is permitted in accordance with this Section, or that is exempt from
permitting pursuant to G.S. 130A 309.57(d); or to a solid waste management facility permitted by
the Division to accept scrap tires or processed tires, ^ legitimate user of preeessed tires or other
F eility appFeye.l by the Division; and provide receipts to the Division by a deadline that shall be
specified by the Division; and
(5) Remove remove any solid waste to a pefmittesolid waste management facility permitted by the
Division to receive such waste. faeilit-y;
fProvide deewnentmian thm tires were feeeived by approved faeilitt,; an'
(c) Once all reauirements set forth in ParaeraDh (b) of this Rule are comDlete. the owner or operator shall notifv the
Division in writing.
History Note: Authority G.S. 130A-309.57;
Eff. October 1, 1999-1990;
Readopted E,�f. December 1, 2018.
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I 15A NCAC 13B .1110 is repealed through readoption as published in 32:24 NCR 2717 as follows:
3 15A NCAC 13B .1110 SCRAP TIRE PROCESSING FACILITIES
5 History Note: Authority G.S. 130A-309.57;
6 Eff. October 1, 1990. 1990;
7 Repealed Ee ff. December 1, 2018.
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