T39CH65

Title 39 > T39CH65

Sections (8)

39-6501

TITLE 39 HEALTH AND SAFETY CHAPTER 65 WASTE TIRE DISPOSAL 39-6501. Definitions. As used in this chapter: (1) City means the city where the waste tire storage site is located. (2) County means the county where the waste tire storage site is located. (3) Department means the department of environmental quality. (4) Dispose means to drop, deposit, dump, spill or permanently place any waste tire onto or under the ground or into the waters of this state, or to own or control property where waste tires are dropped, deposited, dumped, spilled or permanently placed onto or under the ground or into the waters of this state. (5) Existing waste tire storage site means any property storing waste tires prior to recycle, reuse, or final disposal as of July 1, 2003, regardless of whether the owner or operator possesses a permit or other written city or county authorization authorizing the storage of waste tires at the property. (6) Mining waste tire means a waste tire which is greater than fifty-four (54) inches in diameter which was used in mining operations. Mining waste tires may be disposed of by burial. The department of lands shall prepare guidelines to govern the burial of mining waste tires. (7) Motor vehicle means any automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination or other vehicle operated on the roads of this state, used to transport persons or property and propelled by power other than muscular power, but motor vehicle does not include bicycles. (8) New waste tire storage site means any property that is not storing waste tires as of July 1, 2003, and applies for and receives a permit or other written city or county authorization to store waste tires prior to recycle, reuse or final disposal on or after July 1, 2003. (9) Operator means any person presently, or who was during any period of waste tire storage or disposal, in control of, or having responsibility for a waste tire storage site or a waste tire disposal site. (10) Owner means a person who owned a waste tire storage site or disposal site at any time waste tires are stored or disposed at the property, and the current owner of the waste tire storage site or waste tire disposal site. (11) Person means an individual, public or private corporation, partnership, association, firm, joint stock company, joint venture, trust, estate, municipality, commission, political subdivision of the state, state or federal agency, department or instrumentality, special district, interstate body or any legal entity, which is recognized by law as the subject of rights and duties. (12) Retail tire dealer means any person actively engaged in the business of selling new, used, or retread replacement tires at the retail level. (13) Store or storage means to accumulate more than two hundred (200) waste tires at any time, in a manner that does not constitute final disposal at a waste tire disposal site, or to own or control property on which more than two hundred (200) wast

39-6502

TITLE 39 HEALTH AND SAFETY CHAPTER 65 WASTE TIRE DISPOSAL 39-6502. Waste tire storage sites. (1) No person shall store waste tires on any public or private property in this state or in the waters of this state unless the property is a waste tire storage site as defined or otherwise exempted in this chapter. (2) Permit or local authorization required. No person shall own or operate a waste tire storage site without a permit or other written county or city authorization, as follows: (a) Counties and cities shall only issue permits or other written authorizations that contain terms and conditions that assure waste tire storage sites are operated in compliance with this chapter and any additional requirements the county or city deems appropriate. Counties and cities shall review waste tire storage site applications pursuant to the procedures contained in section 67-6512 , Idaho Code. (b) Existing waste tire storage sites. (i) Within three (3) months of the effective date of this chapter, the owner or operator of an existing site that is: 1. Operating without a permit or other written local authorization on the effective date of this chapter, shall apply to the respective county or city jurisdiction for approval to operate the existing site via an approved permit or other written city or county authorization; or 2. Operating with a previously issued permit or other written city or county authorization on the effective date of this chapter, shall notify the respective county or city jurisdiction. (ii) If an existing waste tire storage facility fails to submit to the county or city an application by October 1, 2003, the existing waste tire storage site shall cease storing waste tires by January 1, 2004. (iii) If the county or city determines not to issue a permit, other written authorization, or a modification to an existing permit or approval, for the existing waste tire storage site, the existing waste tire storage site shall cease storing waste tires no later than three (3) months after receiving notice of the determination not to issue a permit, other written authorization, or modification for the site. (c) New waste tire storage sites. The current owner or operator of a new waste tire storage site shall not commence waste tire storage at the site until the county or city issues a permit or other written authorization permitting waste tire storage. (d) Counties and cities shall issue permits and other written local authorizations for waste tire storage sites. Upon written request from the city council or board of county commissioners to the department, the department shall be responsible for the permitting and authorization requirements of this section with respect to any application submitted to the county or city, in lieu of the county or city. (e) Financial assurance. The owner or operator of a waste tire storage site shall maintain financial assurance in the form of a cash bond payable to the county or city, in an amount acceptable to the county

39-6503

TITLE 39 HEALTH AND SAFETY CHAPTER 65 WASTE TIRE DISPOSAL 39-6503. Waste tire disposal. (1) No person shall dispose of waste tires on any public or private property in this state or in the waters of this state except at permitted public or private municipal solid waste landfills which have been approved to accept waste tires in their operating plans as specified in the following subsection. (2) Waste tires may be disposed at a permitted public or private municipal solid waste landfill with an approved operating plan only if the waste tires have been processed to meet the following criteria: (a) The volume of one hundred (100) unprepared randomly selected whole tires in one (1) continuous test period must be reduced by at least sixty-five percent (65%) of the original volume as specified in subsection (3) of this section. No single void space greater than one hundred twenty-five (125) cubic inches may remain in the randomly placed processed tires; or (b) The tires shall be reduced to an average chip size no greater than sixty-four (64) square inches in any randomly selected sample of ten (10) tires or more. No more than forty percent (40%) of the chips may exceed sixty-four (64) square inches. (3) Tire volumes shall be calculated as follows: (a) Unprocessed whole tire volume shall be calculated by randomly placing one hundred (100) unprepared randomly selected whole tires in a rectangular container and multiplying the depth of unprocessed tires by the bottom area of the container. (b) Processed tire volume shall be determined by randomly placing the processed tire test quantity in a rectangular container and leveling the surface. It shall be calculated by multiplying the depth of processed tires by the bottom area of the container. History: [39-6503, added 2003, ch. 281, sec. 4, p. 763.]

39-6504

TITLE 39 HEALTH AND SAFETY CHAPTER 65 WASTE TIRE DISPOSAL 39-6504. Transport of waste tires. (1) No person shall transport waste tires for storage to any location in this state other than to a waste tire storage site for which a city or county has issued a permit or other written county or city authorization in active status. (2) No person shall transport waste tires for disposal to any location in this state other than to a municipal solid waste landfill which is operating in compliance with the requirements of section 39-6503 , Idaho Code. (3) Nothing in this section shall prohibit any person from transporting waste tires to facilities in the state which possess a valid air quality permit, provided the permit allows for an approved beneficial use of the waste tires. History: [39-6504, added 2003, ch. 281, sec. 5, p. 764.]

39-6505

TITLE 39 HEALTH AND SAFETY CHAPTER 65 WASTE TIRE DISPOSAL 39-6505. Prohibited acts. No person shall advertise or represent himself/herself as being in the business of accepting waste tires for transport, storage, or disposal without being in full compliance with all the provisions of this chapter. History: [39-6505, added 2003, ch. 281, sec. 6, p. 764.]

39-6506

TITLE 39 HEALTH AND SAFETY CHAPTER 65 WASTE TIRE DISPOSAL 39-6506. Recycling and reuse of waste tires. The state of Idaho seeks to protect human health and the environment by encouraging the recycling and reuse of waste tires. Accordingly, the legislature directs the department to identify approved methods of recycling and reuse of waste tires. History: [39-6506, added 2003, ch. 281, sec. 7, p. 764.]

39-6507

TITLE 39 HEALTH AND SAFETY CHAPTER 65 WASTE TIRE DISPOSAL 39-6507. Penalties. Any person who knowingly stores, transports or disposes of a tire in violation of the provisions of this chapter is subject to a civil penalty of not more than five hundred dollars ($500) per violation and is subject to the provisions of the environmental protection and health act contained in section 39-108 , Idaho Code. Each tire so disposed of improperly constitutes a separate violation. History: [39-6507, added 1991, ch. 308, sec. 1, p. 811; am. 1993, ch. 375, sec. 7, p. 1376; am. 2003, ch. 281, sec. 8, p. 764.]

39-6508

TITLE 39 HEALTH AND SAFETY CHAPTER 65 WASTE TIRE DISPOSAL 39-6508. Purpose. The state of Idaho supports and encourages the reuse and recycling of waste tires. The legislature finds the paramount public interest in regulating waste tires is to protect public health and safety. In particular, the legislature is concerned with eliminating potential fire hazards; minimizing or eliminating potential breeding grounds for disease-bearing insects; and eliminating potential sources of surface and ground water contamination. History: [39-6508, added 2003, ch. 281, sec. 9, p. 765.]