# COMAR Title 26 — Department of the Environment

## Subtitle 04 — Regulation of Water Supply, Sewage Disposal, Solid Waste, and Recyclable Materials

### 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

**Administrative History:** Effective date: July 6, 1992 (19:13 Md. R. 1204)

#### Regulation .01 Scope.

*COMAR 26.04.08.01*

Except as otherwise specifically provided, these regulations apply to all persons engaged in the storage, collection, transferring, hauling, recycling, or processing of scrap tires.

#### Regulation .02 Definitions.

*COMAR 26.04.08.02*

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 process of removing scrap tires to an authorized facility to alleviate a danger, nuisance, or environmental risk. The clean-up process includes any necessary remedial action or soil stabilization, or both.

  (4) “Closure” means the cessation of all activities at a scrap tire facility and the clean-up of all scrap tires.

  (5) “Comptroller” means the Comptroller of the Maryland State Treasury.

  (6) “Department” means the Maryland Department of the Environment.

  (7) “Financial assurance” means a performance bond, letter of credit, cash deposit, insurance policy, or other instrument of security acceptable to the Department.

  (8) “Fund” means the State Used Tire Clean-Up and Recycling Fund.

  (9) “General scrap tire collection facility” means a scrap tire collection facility where no more than 50 scrap tires are accumulated on site at any one time.

  (10) “Handle scrap tires” means to be engaged in hauling, transferring, storage, collection, recycling, or processing of scrap tires.

  (11) “Primary scrap tire collection facility” means a scrap tire collection facility where 1,501 scrap tires or more are accumulated on site at any one time.

  (12) “Product” means a finished commodity which is not intended for further processing or to be used as a raw material in a manufacturing process.

  (13) “Raw material” means a commodity intended for use in the direct manufacture of a product.

  (14) “Recycling” means any process in which materials that would otherwise become solid waste are collected, separated, or processed and returned to the marketplace in the form of raw materials or products.

  (15) “Resource recovery incinerator” means a resource recovery facility that combusts solid waste.

  (16) “Retread” means to apply a new tread to a used tire casing to upgrade a serviceable tire.

  (17) “Scrap tire” means any tire or part of it that no longer is suitable for its original intended purpose by virtue of wear, damage, or defect, excluding scrap tire parts for which there is a written agreement for the purchase or acceptance of the material only when, at the discretion of the Department, the exclusion is specifically given by the Department in writing.

  (18) “Scrap tire collection facility” means any location where scrap tires are:

    (a) Deposited by a consumer or a scrap tire hauler; and

    (b) Transferred to another scrap tire collection facility, scrap tire recycler, or any other authorized facility.

  (19) “Scrap tire facility” means an existing, planned, or proposed site that stores, collects, recycles, incinerates scrap tires to recover energy, or otherwise processes scrap tires.

  (20) “Scrap tire hauler” means a person who, as part of a commercial business, transports scrap tires in the State to or from a scrap tire facility.

  (21) “Scrap tire recycler” means a person who is approved and licensed by the Department to process scrap tires to a form of raw materials or products that may be returned to the marketplace.

  (22) “Scrap tire recycling system” means an organized method of controlling scrap tires from their generation through final disposition by recycling or processing established by the Maryland Environmental Service. This system includes scrap tire haulers, scrap tire collection facilities, scrap tire recyclers, and other approved facilities designated by the Service.

  (23) “Secondary scrap tire collection facility” means a scrap tire collection facility where 51—1,500 scrap tires are accumulated on site at any one time.

  (24) “Secretary” means the Secretary of the Environment.

  (25) “Service” means the Maryland Environmental Service.

  (26) “Solid waste acceptance facility” means any landfill, incinerator, transfer station, or processing facility whose primary purpose is to dispose of, treat, or process solid waste.

  (27) “State” means the State of Maryland.

  (28) “State Used Tire Clean-Up and Recycling Fund” means moneys made available under:

    (a) Loan authorizations;

    (b) Funds appropriated in the State budget;

    (c) Fees collected for the first sale of new tires in the State by tire dealers under Environment Article, Title 9, Subtitle 2, Annotated Code of Maryland;

    (d) Bond and security forfeitures collected under Environment Article, Title 9, Subtitle 2, Annotated Code of Maryland; or

    (e) Reimbursement of Departmental costs for remedial actions and clean-ups, including administrative, public information, and legal expenses from responsible parties.

  (29) Store Scrap Tires.

    (a) “Store scrap tires” means the accumulation of scrap tires in any form or configuration in excess of 15,000 cubic feet.

    (b) “Store scrap tires” does not include scrap tires collected in enclosed, metal, transport-worthy containers.

  (30) “Tire” means a continuous rubber material or similar natural or synthetic product which is pneumatically designed or intended to cover or encircle a wheel which is manufactured for use on a motorized vehicle, a vehicle transported or towed by a motorized vehicle, farm implement, or machinery which is similar to these vehicles, trailers, or farm implements.

  (31) “Tire-derived fuel” means whole or processed scrap tires used as a fuel or supplemental fuel.

  (32) “Used tire” means any tire removed from a piece of equipment or vehicle for the purpose of retreading or reuse for its original intended use. Adjustment tires being returned to the manufacturer are used tires until a determination on the adjustment is made.

#### Regulation .03 General Provisions and Specifically Prohibited Acts.

*COMAR 26.04.08.03*

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 from scrap tires into waters of this State unless otherwise permitted by the Department;

  (5) Impair the quality of the environment; or

  (6) Create other hazards to the public health, safety, or comfort as may be determined by the Department.

B. Scrap tire facilities, haulers, or recyclers may be publicly or privately owned and operated.

C. The Department may require the delivery of scrap tires in this State to one or more facilities designated by the Service as part of the scrap tire recycling system.

D. Specifically Prohibited Acts.

  (1) Scrap tires may not be disposed of in an open dump as prohibited by COMAR 26.04.07.03B(4).

  (2) Except as provided in §D(3) of this regulation, after January 1, 1994, scrap tires may not be disposed of in a landfill.

  (3) The Secretary may waive the requirements described in §D(2) of this regulation under such terms and conditions and for such periods as the Department considers appropriate if the Department determines that a scrap tire recycling system:

    (a) Does not exist; or

    (b) Has insufficient capacity to accommodate the quantity of scrap tires generated in the State.

  (4) A person may not store scrap tires in the State unless the person demonstrates to the satisfaction of the Department that, within 90 days of the time that the person stores the scrap tires, the scrap tires will be:

    (a) Returned to the marketplace;

    (b) Used as fuel in an approved resource recovery incinerator;

    (c) Used as a tire-derived fuel in an approved facility; or

    (d) Transferred to any facility within the scrap tire recycling system established by the Service.

  (5) A person may not incinerate scrap tires in any manner except in a facility permitted or approved by the Department.

  (6) A person may not incinerate tires except in:

    (a) An approved resource recovery incinerator that uses tires as a fuel substitute; or

    (b) An approved facility that uses scrap tires as a tire-derived fuel.

  (7) A facility that processes scrap tires for use as a fuel in an incinerator, boiler, or resource recovery facility or a facility that burns or incinerates scrap tires may not be approved or licensed unless the:

    (a) Applicant demonstrates to the Department's satisfaction that there is no reasonable and economically available opportunity to process the scrap tires and return them to the marketplace for reuse, with the applicant either demonstrating this through certification by the Service or by submitting to the Department an analysis of the capacity and tipping fees charged by facilities currently available in Maryland or those currently accepting scrap tires generated in Maryland; and

    (b) Burning or incineration meets all federal and State air quality standards.

  (8) If the Department elects to require the delivery of scrap tires generated in this State to facilities designated under §C of this regulation, a person may not transport scrap tires, and scrap tires may not be transported from any location in Maryland to any place other than the designated facilities.

#### Regulation .04 Scrap Tire Licenses.

*COMAR 26.04.08.04*

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; and

    (b) 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 from the requirement to obtain a scrap tire hauler license.

B. Scrap Tire Collection Facility License Requirements.

  (1) The requirements applicable to scrap tire collection facilities are as follows:

    (a) Beginning on July 1, 1992, each scrap tire collection facility located in the State is required to have a license issued by the Department to:

      (i) Receive scrap tires from a consumer or a scrap tire hauler, and

      (ii) By means of a scrap tire hauler, transfer scrap tires to a scrap tire recycler, another scrap tire collection facility, or an approved facility;

    (b) Beginning on July 1, 1992, each scrap tire collection facility included in the scrap tire recycling system shall meet all zoning and land use requirements of the county or municipal corporation in which the scrap tire collection facility is to be located; and

    (c) The Department may waive any of the requirements of this section for a scrap tire collection facility that:

      (i) Was in existence on or before July 1, 1992, and

      (ii) Is under a closure schedule approved by the Department.

  (2) Beginning on July 1, 1992, a general scrap tire collection facility shall be considered licensed by the Department if:

    (a) A registration form is on file with the Department;

    (b) The scrap tire collection facility operates under the conditions specified in Regulation .10B(6) and (9)—(11) of this chapter; and

    (c) The scrap tire collection facility is operated in a manner that does not:

      (i) Create a nuisance;

      (ii) Contribute to insect and rodent infestation;

      (iii) Cause the discharge of any constituents derived from scrap tires into the air unless otherwise permitted by the Department;

      (iv) Cause a discharge of any constituents derived from scrap tires into waters of this State unless otherwise permitted by the Department;

      (v) Impair the quality of the environment;

      (vi) Create other hazards to the public health, safety, or comfort;

      (vii) Result in the transfer of scrap tires by means other than a scrap tire hauler; or

      (viii) Result in the transfer of scrap tires to any place other than a primary or secondary scrap tire collection facility, a scrap tire recycler, or an approved facility.

  (3) Beginning on July 1, 1992, a secondary scrap tire collection facility is required to have a license issued by the Department. All scrap tires received at the facility shall be transferred by means of a scrap tire hauler only to primary or secondary scrap tire collection facilities, a scrap tire recycler, or an approved facility.

  (4) Beginning on July 1, 1992, a primary scrap tire collection facility is required to have a license issued by the Department. All scrap tires received at the facility shall be transferred by means of a scrap tire hauler only to other primary scrap tire collection facilities, scrap tire recyclers, or an approved facility.

  (5) The owner of a primary or secondary scrap tire collection facility, that does not seek a scrap tire collection facility license or whose application for a license is denied, shall close the facility on or before July 1, 1992 in compliance with Regulation .19 of this chapter.

  (6) A retread facility that returns used tire casings to the customer of origin is not a scrap tire collection facility or a scrap tire recycler.

C. Scrap Tire Recycler License Requirements.

  (1) Beginning on July 1, 1992, each scrap tire recycler in the State is required to have a license issued by the Department to process scrap tires to a form of raw materials or products which may be returned to the marketplace.

  (2) The owner of a scrap tire recycling facility, that does not seek a scrap tire recycler license or whose application for a license is denied, shall close the facility on or before July 1, 1992 in compliance with Regulation .19 of this chapter.

#### Regulation .05 Scrap Tire Hauler License Application Procedures.

*COMAR 26.04.08.05*

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;

  (2) The number of vehicles that will be transporting scrap tires;

  (3) The vehicle registration plate number, vehicle identification number, and name of the registered vehicle owner for each vehicle used for transporting scrap tires;

  (4) A map showing the geographical area that will be served or a listing of zip code areas served;

  (5) The identification of all scrap tire facilities where the scrap tires are or will be collected, and the identification of the scrap tire facilities where the scrap tires will be delivered or transferred;

  (6) If applicable, certification of acceptance by the Service for inclusion in the scrap tire recycling system; and

  (7) Any other information specified by the Department at the time of application.

C. Submission. Applicants for a scrap tire hauler license shall submit a completed license application to the Department and shall retain a copy for their records.

#### Regulation .06 Departmental Review of Scrap Tire Hauler License Applications.

*COMAR 26.04.08.06*

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:

  (1) Application contains a material misrepresentation or false information, or fails to fully disclose relevant facts; and

  (2) Applicant has not complied with these regulations, or other applicable statutes and regulations of the Department or other governmental agencies.

#### Regulation .07 Terms and Conditions of a Scrap Tire Hauler License.

*COMAR 26.04.08.07*

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 hauler shall comply with all applicable State and federal statutes and regulations.

  (4) A licensed scrap tire hauler shall display the scrap tire hauler identification number issued by the Department on all vehicles used to transport scrap tires. The identification number shall be displayed on the front driver and passenger side doors of each vehicle. Each character of this identification number shall be a minimum of 3 inches in height and legible at all times.

  (5) A licensed scrap tire hauler shall inform the Department within 30 days of any change in vehicles used, including vehicle rental, change in license plate number, or ownership of any vehicle identified in a scrap tire hauler license application. The Department shall be advised of any vehicle deleted from the fleet.

  (6) A licensed scrap tire hauler shall maintain records for a period of 3 years that track the scrap tires collected, transported, and deposited by the scrap tire hauler. These records shall be made available to the Department upon request within a reasonable amount of time for examination or duplication. The records shall include:

    (a) The total quantity in number or weight of scrap tires that are transported;

    (b) Where and from whom the scrap tires were collected, specifying the type and quantity in number or weight; and

    (c) Where the collected scrap tires were deposited, specifying the type and quantity in number or weight deposited at each location.

  (7) A licensed scrap tire hauler shall submit to the Department on February 1 and August 1 of each year a report containing the information described in this subsection for the preceding 6-month period of January—June and July—December. The report shall provide the following:

    (a) The hauler's name, mailing address, and identification number;

    (b) The period covered by the report;

    (c) The total quantity of scrap tires, including processed portions, reported by number or weight, that were transported during the period;

    (d) Where and from whom the scrap tires were collected, specifying the type and quantity by number or weight; and

    (e) Where the collected scrap tires were deposited, specifying the type and quantity by number or weight deposited at each location and the Maryland approval, license, or permit number for the location where the scrap tires were deposited, as applicable.

  (8) The reports submitted to the Department shall be on a form or in the format developed by the Department.

#### Regulation .08 License Application Procedures — Scrap Tire Collection Facilities/Scrap Tire Recyclers.

*COMAR 26.04.08.08*

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 type as set forth in Regulation .12 of this chapter shall be submitted with the general application, as applicable.

B. General Application Content. The application shall contain the following information:

  (1) The name, facility location and mailing address, and telephone number of the owner or owners or resident agent of the facility;

  (2) The manner in which scrap tires shall be collected or stored at the facility;

  (3) The type and average quantity, by number or weight, of scrap tires projected to be on site at the facility at any given time;

  (4) The maximum quantity, by number or weight, and type of scrap tires that can be accepted at the facility on a daily basis;

  (5) The facility's ability to meet the technical and operational standards that apply to scrap tire storage set forth in Regulation .17 of this chapter, as applicable; and

  (6) If the scrap tire facility is designated for inclusion in the scrap tire recycling system, certification by the county or municipal corporation in which the facility is to be located that the facility meets all local zoning and land use requirements.

#### Regulation .09 Application Review — Scrap Tire Collection Facility/Scrap Tire Recycler Licenses.

*COMAR 26.04.08.09*

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 scrap tire recycling system;

  (4) Completed in full and signed by the applicant; and

  (5) Submitted in the number of copies specified by the Department, as follows:

    (a) 13 copies for primary scrap tire collection facilities and scrap tire recyclers; and

    (b) One copy for all other scrap tire collection facilities unless otherwise specified by the Department at the time of application.

B. Application Review. The following shall be done after submission of a completed application for a primary scrap tire collection facility license or a scrap tire recycler license:

  (1) The Secretary shall require the applicant to give notice of the application in a regularly published newspaper of general circulation in the Maryland county or in Baltimore City where the proposed facility is to be located, within 30 days of the submittal, and shall be in a format and content acceptable to the Department, with the notice:

    (a) Stating the location of the facility and the type and quantity, by number or weight, of scrap tires intended for collection or handling at the facility; and

    (b) Advising persons of their right to comment to the Department on the application;

  (2) The applicant shall provide to the Department evidence of publication of the public notice;

  (3) The Department shall distribute one copy of the application and supporting information to each of the following:

    (a) Chief executive officer or the governing body, or both, of a county and municipality in which the activity is proposed;

    (b) Local governmental agency responsible for solid waste management;

    (c) Local health official;

    (d) Secretary of Natural Resources;

    (e) Director of the Water Resources Administration;

    (f) Director of the Maryland Geologic Survey;

    (g) Director of the Maryland Environmental Service;

    (h) U.S. Geologic Survey;

    (i) Appropriate soil conservation district or other appropriate approving authority as defined in COMAR 26.09.01;

    (j) U.S. Army Corps of Engineers;

    (k) State Highway Administration; and

    (l) State Fire Marshal;

  (4) A person receiving a copy of the application and supporting information shall be invited by the Department to inspect the proposed site and requested to submit comments to the Department within 30 days following receipt of the application;

  (5) The Department may conduct a public information meeting in the county where a proposed primary scrap tire collection facility or scrap tire recycler is to be located.

C. The Department may deny the scrap tire collection facility or scrap tire recycler license if:

  (1) The application contains a material misrepresentation or false information, or fails to fully disclose relevant facts;

  (2) The applicant has not complied with these regulations, or other applicable statutes or regulations of the Department or other governmental agencies; or

  (3) For facilities proposed as part of the scrap tire recycling system, there is no demonstrated need or legislated priority for the proposed new, modified, or expanded scrap tire facility as an integral part of the scrap tire recycling system as determined by the Service.

#### Regulation .10 Conditions for Scrap Tire Collection Facility/Scrap Tire Recycler Licenses.

*COMAR 26.04.08.10*

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 and secondary scrap tire collection facility or scrap tire recycler license and application.

  (3) The facility shall comply with all applicable State, local government, and federal statutes and regulations.

  (4) If the licensee discovers through any means, including notification by the Department, that noncompliance with a condition of the license has occurred, the licensee shall immediately take all necessary steps to eliminate the condition of noncompliance and to minimize the adverse impacts on public health, safety, welfare, or the environment.

  (5) If the licensee discovers that a noncompliance with a condition of the license has affected the public health, safety, welfare, or the environment, the licensee shall immediately notify the Department.

  (6) The licensee shall inform the Department in writing within 30 days following a business name change, change in ownership or form of business organization, or any other change that affects the license.

  (7) The licensee shall notify the Department within 1 week of the name and vehicle registration plate number of any nonlicensed person who attempts to deposit scrap tires at the licensee's facility after July 1, 1992, who is not exempt under Regulation .04A(2) of this chapter.

  (8) The licensee shall issue a written receipt to each scrap tire hauler upon receiving a load of scrap tires. The receipt shall specify the type and quantity, by number or weight, of scrap tires received.

  (9) The licensee shall maintain records on the quantity, by number or weight, of scrap tires entering and exiting the facility, including processed portions that are not raw materials, on the identity of the scrap tire haulers transporting the scrap tires, and on the origin of the scrap tires, so as to be able to fulfill the reporting requirements in §B(10) of this regulation. These records shall be maintained for a period of 3 years.

  (10) The licensee shall submit to the Department, by February 1 and August 1 each year, a report containing the information described in this subsection for the preceding 6-month period of January—June and July—December. The report shall include the following:

    (a) The facility name, address, and identification number;

    (b) The period covered by the report;

    (c) The total type and quantity, in number or weight, of scrap tires, including processed portions that are not raw materials, that were received at the facility;

    (d) The type and quantity, by number or weight, of scrap tires, raw materials, products, and waste residuals transferred from the facility;

    (e) The type and quantity of scrap tires remaining at the facility at the end of the reporting period;

    (f) For each hauler entering the facility, the hauler's name, identification number, and the type and quantity by number or weight of scrap tires transported by the hauler;

    (g) For all scrap tires transferred from the facility, the hauler's name, identification number, type and quantity, by number or weight, of scrap tires, and the destination of the scrap tires transported by each hauler, including scrap tires separated and removed for retreading; and

    (h) For primary scrap tire collection facilities and scrap tire recyclers, along with the February 1 submittal, an annual update of the closure plan, including a revised cost estimate for closure, as required in Regulations .18—.20 of this chapter.

  (11) The reports submitted to the Department shall be on a form or in the format developed by the Department.

#### Regulation .11 General Standards — Primary Scrap Tire Collection Facilities/Scrap Tire Recyclers.

*COMAR 26.04.08.11*

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 facility or a scrap tire recycler shall operate in compliance with the following standards:

  (1) A routine operation involving the use of open flames, blowtorches, or highly flammable substances may not be conducted within 50 feet of a scrap tire pile;

  (2) All-weather approach and access roads to the facility shall be maintained passable for any vehicle at all times;

  (3) Access to the facility shall be strictly controlled at all times through the use of fences, gates, or other means of controlling entry;

  (4) The facility shall be under the supervision of a responsible individual present at all times that the facility is operating;

  (5) A sign shall be posted at the entrance of the facility stating the days and hours of operation;

  (6) If required by the Department, the facility shall be screened from public view by natural or artificial screening; and

  (7) The facility shall operate in compliance with any other operational requirement specified in the facility's license.

#### Regulation .12 Specific Requirements — Primary Scrap Tire Collection Facilities/Scrap Tire Recyclers.

*COMAR 26.04.08.12*

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 for processing scrap tires and the proposed hours of operation;

  (2) The current zoning designation and use of the land at the site of the facility and the land within a 1/4 mile radius of the facility;

  (3) Weight and use restrictions on the access roads that lead to the site;

  (4) An explanation of how the accumulation of scrap tires at the facility shall be managed as well as the storage capacity at the facility, designating drop boxes, containers, trailers, or other fully enclosed structures, as well as stockpiles;

  (5) A description of the types of vehicles that will deliver scrap tires to the facility;

  (6) A description of all on-site equipment that will be used for the placement, movement, and transportation of scrap tires;

  (7) A description of measures to be taken that meet the technical and operational standards for scrap tire storage specified in Regulation .17 of this chapter;

  (8) For a scrap tire recycler:

    (a) The maximum quantity, by number or weight, and type of raw material, product, and residuals from processing to be accumulated or stored on the site at any time;

    (b) The processing capacity of the facility, by number or weight, of scrap tires per hour;

    (c) The existing and proposed markets for the facility's tire-derived products or raw materials;

  (9) Topographic section and facility conceptual design maps that depict the following:

    (a) The map scale and directional orientation;

    (b) The scrap tire recycler facility location and the surrounding 1/4 mile area in detail including:

      (i) Wetlands, floodplains, shorelands, intermittent streams, and other surface waters;

      (ii) Legal boundaries and land ownership, including county and municipal boundaries, and easements and rights-of-way;

      (iii) The location of all wells; and

      (iv) Occupied dwellings;

    (c) The facility conceptual design map, which shall show:

      (i) The facility design and the location of all scrap tire collection and storage areas, and fire lanes;

      (ii) All existing and planned structures and buildings at the facility, including those used for scrap tire accumulation, storage, recycling, or processing operations;

      (iii) Loading and unloading areas;

      (iv) Access and internal all-weather roads;

      (v) Runoff control measures, ditches, and dikes;

      (vi) The location of the areas used for processing of scrap tires; and

      (vii) The total land area in square feet or acreage;

  (10) A plan for closing the facility in compliance with Regulations .18—.20 of this chapter;

  (11) For facilities participating in the scrap tire recycling system, a description of the financial assurance to be provided in accordance with Regulation .21 of this chapter;

  (12) For facilities participating in the scrap tire recycling system, a financial statement completed by a certified public accountant that describes the applicant's assets and liabilities to provide evidence of the financial ability to properly establish, operate, and maintain a primary scrap tire collection facility or a scrap tire recycling facility.

B. Conditions. A primary scrap tire collection facility and a scrap tire recycler shall meet the following additional specific conditions which require that a licensee shall:

  (1) For facilities participating in the scrap tire recycling system, maintain financial assurance to cover closure cost;

  (2) Have an up-to-date closure plan;

  (3) If applicable, have an up-to-date emergency preparedness manual;

  (4) If applicable, meet the technical and operational standards for scrap tire storage specified in Regulation .17 of this chapter; and

  (5) Comply with the applicable provisions of Environment Article, Title 2, Annotated Code of Maryland, and any regulations promulgated under it.

#### Regulation .13 Requirements for Approval of In-State Facilities.

*COMAR 26.04.08.13*

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.

C. When the storage of scrap tires is planned, the applicant for a substitute fuel/tire-derived fuel or solid waste acceptance facility shall submit 13 copies of the application and supporting documents for distribution by the Department, for comment, to those agencies or individuals listed in Regulation .09B(3) of this chapter.

D. Until December 31, 1993, all permitted sanitary landfills in Maryland are approved facilities and may accept tires for disposal if the requirements specified in Regulation .10B of this chapter are met. To remain approved after this period, sanitary landfills shall apply for a renewal of their approval following the procedures in Regulations .15 and .23 of this chapter.

E. Approval shall be issued for a term of 5 years.

#### Regulation .14 Substitute Fuel/Tire Derived Fuel Facility Approval Requirements.

*COMAR 26.04.08.14*

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:

    (a) The rate at which the scrap tires will be incinerated;

    (b) Identification of the applicable State and federal air quality standards;

    (c) A plan for closing the facility in compliance with Regulations .18—.20 of this chapter;

    (d) Financial assurance as required by Regulation .21 of this chapter for facilities participating in the scrap tire recycling system;

    (e) For facilities participating in the scrap tire recycling system, a financial statement completed by a certified public accountant that describes the applicant's assets and liabilities to provide evidence of the financial ability to properly establish, operate, and maintain a substitute fuel facility or tire-derived fuel facility.

B. Conditions. Approved facilities shall comply with the requirements specified in Regulation .10B of this chapter.

#### Regulation .15 Solid Waste Acceptance Facility Approval Requirements.

*COMAR 26.04.08.15*

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 chapter, provide the following information:

  (1) Specification as to whether scrap tires will be disposed of within the facility, processed within the facility, or transferred to another authorized  facility; and

  (2) Identification of the authorized facility to which scrap tires will be transferred.

#### Regulation .16 Reserved.

*COMAR 26.04.08.16*

#### Regulation .17 Technical and Operational Standards to Store Scrap Tires.

*COMAR 26.04.08.17*

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 under the specifications described in the “Standard for Storage of Rubber Tires”, NFPA 231D (1989 Edition), National Fire Protection Association (NFPA), Batterymarch Park, Quincy, Massachusetts, which is incorporated by reference. A copy of this publication shall be maintained at the facility.

C. NFPA Standards are superseded if they conflict with or are less stringent than:

  (1) Applicable State or local fire and zoning regulations or statutes; or

  (2) Provisions of these regulations.

D. The Department may impose additional requirements on a scrap tire facility that stores scrap tires, including adequate on-site fire control equipment, based on the unique characteristics of a site that may affect the facility's potential to endanger the public health and safety, or the environment.

E. A scrap tire facility that stores scrap tires shall be operated and maintained in a manner which controls mosquitoes and other insects or vermin to prevent public nuisances or health hazards.

F. The site shall be engineered and constructed to keep any liquid runoff from entering waters of the State in the event of a tire fire.

G. For those scrap tire facilities that store scrap tires, an up-to-date emergency preparedness manual shall be maintained at the facility at all times. This manual shall be submitted to the Department for approval at the time the facility applies for a license or otherwise seeks authorization. Once accepted, the manual becomes part of the authorization. This manual shall be updated if a change in the operations of the scrap tire facility occurs, or if the Department requests an update. This emergency preparedness manual shall, at a minimum, contain:

  (1) A list of names and telephone numbers of persons to contact in the event of a fire, flood, or other emergency involving the facility;

  (2) A list of emergency response equipment present at the facility or available for use at the facility, the location of the equipment, and how it should be used in the event of a fire or other emergency;

  (3) The procedures to be followed by facility personnel from discovery of an emergency until the situation is corrected, including the measures that shall be taken to minimize the occurrence, recurrence, or spread of fires, explosions, and releases;

  (4) The location of known water supplies, fire hydrants, dry chemical extinguishers, or other materials that may be used for fire fighting purposes;

  (5) Provision for reporting emergency situations to the Department without delay; and

  (6) Provision for familiarizing all employees with the requirements of the emergency preparedness manual.

H. An emergency preparedness manual may not be approved by the Department unless the applicant demonstrates that police and fire protection services are available for the facility.

#### Regulation .18 Facility Closure.

*COMAR 26.04.08.18*

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;

  (2) The facility fails to maintain adequate financial assurance as required in these regulations;

  (3) The authorization issued by the Department for the facility expires and renewal of the authorization is denied by the Department;

  (4) The authorization issued by the Department for the facility is revoked; or

  (5) The facility receives a final order of the Department to cease operations.

B. Submission of Closure Plan. An applicant seeking authorization for a primary scrap tire collection facility, a scrap tire recycler, a substitute fuel/tire-derived fuel facility, or solid waste acceptance facility shall submit to the Department a closure plan with the authorization application.

C. Contents of Closure Plan. The closure plan shall include:

  (1) A description of the facility's operation, including the maximum inventory of scrap tires, including processed portions, and waste residuals that shall be on site at the facility at any one time during the operating life of the facility;

  (2) A cost estimate for closure as described in Regulation .20 of this chapter;

  (3) The manner in which all scrap tires and waste residuals shall be removed from the facility upon closure; and

  (4) A schedule for implementation of the applicable closure procedures described in Regulation .19 of this chapter, including the time period for completing the closure procedures.

#### Regulation .19 Closure Procedures.

*COMAR 26.04.08.19*

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 and indicating that the Department may be contacted for information regarding alternative sites where scrap tires can be deposited;

  (3) 60 days before closure, notify the Department, local units of government, local land use authorities, and fire and health authorities of the closing of the facility;

  (4) Remove all solid wastes to a permitted solid waste acceptance facility;

  (5) Remove and transfer all scrap tires to a scrap tire collection facility, scrap tire recycler, or other approved facility, or return the scrap tires to the marketplace; and

  (6) Notify the Department when the closure activities are completed.

C. Certification of Closure. After receiving notification from the facility that the closure procedures have been completed in accordance with §B of this regulation, the Department shall inspect the facility site. If all procedures have been correctly completed, the Department shall verify that the facility has been closed in compliance with §B of this regulation.

#### Regulation .20 Cost Estimate for Closure.

*COMAR 26.04.08.20*

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 Department and shall include the following:

  (1) Identification of and mileage to an authorized scrap tire facility or marketplace;

  (2) Number of vehicle trips required to remove all scrap tires and solid waste from the facility;

  (3) Cost per load to transport;

  (4) Cost to load;

  (5) Cost to deposit scrap tires at an authorized facility or marketplace and solid waste residuals at a permitted solid waste acceptance facility;

  (6) Cost to secure the site and restrict public access;

  (7) Administrative costs; and

  (8) Total closure cost estimate.

#### Regulation .21 Financial Assurance Required.

*COMAR 26.04.08.21*

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 Department certifies that the facility is closed in compliance with these regulations.

C. Amount. The amount of financial assurance to be provided for scrap tire facilities, described in §A of this regulation, shall be at least equal to 125 percent of the estimated closure cost.

D. For scrap tire facilities, described in §A of this regulation, in the scrap tire recycling system, authorization is contingent upon obtaining appropriate financial assurance.

E. Exemptions. Publicly owned or operated scrap tire facilities, described in §A of this regulation, are exempt from financial assurance provisions.

#### Regulation .22 Release of Obligation for Financial Assurance.

*COMAR 26.04.08.22*

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.

#### Regulation .23 Renewal of Expired Authorization.

*COMAR 26.04.08.23*

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:

  (1) Person is in compliance with the terms and conditions of the expired authorization; and

  (2) Department, through no fault of the person seeking approval, has not taken final action on the application on or before the expiration date of the authorization.

#### Regulation .24 Modification or Transfer of Authorization.

*COMAR 26.04.08.24*

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 new owners if the conditions in §B(2) and (3) of this regulation are met.

  (2) Before any change in hauling company or facility ownership, a written request for transfer is submitted to and accepted by the Department. The request for transfer shall indicate the reason for the requested transfer, and shall be signed by those holding the authorization and those seeking to obtain it through transfer. The request shall also contain all information required in Regulations .05, .08, .12, .14, and .15 of this chapter, as applicable.

  (3) An existing authorization may be transferred to new owners if the Department finds that the proposed transfer of the authorization would not affect present or future compliance with these regulations.

#### Regulation .25 Enforcement Provisions.

*COMAR 26.04.08.25*

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 refused entry to any area covered by the authorization for the purpose of inspecting the area to ensure compliance with the conditions of the authorization;

    (d) There is or has been a violation of the Environment Article, Annotated Code of Maryland, any regulation adopted under the Environment Article, or any condition of approval or licensure; or

    (e) There is any other good cause.

  (2) Unless the person served with an order suspending or revoking the authorization makes a timely request for a hearing, the order is a final order.

B. Reinstatement of Suspended Authorization. A person whose authorization has been temporarily suspended may make application at any time for a reinspection for the purpose of reinstatement of the authorization. Once a written request has been made to the Department, including a statement signed by the applicant that the deficiencies which caused suspension of the authorization have been corrected, the Department shall make a reinspection. If the applicant is complying with the requirements of the authorization and these regulations, the authorization shall be reinstated.

C. Inspections.

  (1) The Department may inspect each authorized scrap tire facility as often as monthly to enforce these regulations. Additionally, reinspections may be made to ascertain that violations have been corrected.

  (2) An agent of the Department, after presenting proper identification, shall be allowed entry to all buildings, structures, and premises used for the storage, collection, or processing of scrap tires, and upon any other property for the purpose of collecting samples, records, or information, and taking photographs to ascertain whether the facility is in compliance with the statutes, regulations, orders, and authorizations of the Department. The facility operator shall provide access to all records and documentation requested by the Department for review and duplication.

#### Regulation .26 Use of the State Used Tire Clean-up and Recycling Fund.

*COMAR 26.04.08.26*

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.

  (1) The Service shall submit to the Department a request for financial assistance for:

    (a) Projects within the scrap tire recycling system to reduce, recover, and recycle scrap tires that are approved by the Department; and

    (b) Costs related to the implementation of scrap tire recycling systems including the cost of:

      (i) Preparation of a scrap tire recycling system under Environment Article, §9-228(e), Annotated Code of Maryland,

      (ii) Implementation of any program established by the Service as a part of a scrap tire recycling system, and

      (iii) Providing assistance in funding the establishment of a private or public scrap tire collection, processing, or recycling facility.

  (2) The Department shall accept expense estimates, cost justifications, and other information specified by the Department as a means of evaluating the  request for financial assistance.

#### Regulation .27 Application Procedures for the Award of Financial Assistance.

*COMAR 26.04.08.27*

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 collection, processing, or recycling facilities.

B. Eligible Uses.

  (1) A loan or grant may be used for capital costs that:

    (a) Expand an existing scrap tire facility that utilizes scrap tires; or

    (b) Establish a new scrap tire facility or business which relates to the purposes outlined in Environment Article, §9-275(a)(2), Annotated Code of Maryland.

  (2) Capital costs may include:

    (a) Acquiring or constructing buildings and related appurtenances;

    (b) Land acquisition;

    (c) Equipment and machinery, including pollution control devices and systems or nuisance abatement devices and systems, or both;

    (d) Trucks or other vehicles;

    (e) Development of plans and specifications by professional engineering and architectural services, as long as these professionals are not shareholders, partners, or owners of the company or do not have an interest in the company.

  (3) Working capital and general operating expenses are not eligible costs under this program.

  (4) At the discretion of the Department and the Service, grants and loans may be awarded to include some or all of the following project costs:

    (a) Improvement of facilities or equipment to initiate or expand the use of scrap tires to make raw materials or products;

    (b) Test runs of manufacturing processes or asphalt application processes using scrap tires and other uses of scrap tires; and

    (c) Testing of products made from scrap tires.

C. Application Procedures.

  (1) An applicant shall submit to the Service all of the following:

    (a) An original and two complete copies of the application on a form provided by the State;

    (b) A detailed typewritten narrative description of the project;

    (c) A financial statement completed by a certified public accountant that describes the applicant's assets and liabilities;

    (d) A certification that the applicant is unable to obtain, on reasonable terms, sufficient credit to finance the applicant's actual needs without the loan or grant.

  (2) The Service, upon review of the applications, may recommend each application to the Department, listing its priority and amount, for approval of grants or loans. The dollar amount requested may not exceed the funding allocated for the items specified in §B of this regulation.

  (3) The Department shall review the recommended action made by the Service. If acceptable to the Department, the recommendation shall be brought before the Board of Public Works for approval.

D. Application Content.

  (1) The narrative description required under §C(1)(b) of this regulation shall include, at a minimum, the following:

    (a) Applicant's name and address;

    (b) For corporations and partnerships, the identification of officers and major shareholders and their extent of interest;

    (c) A description of the applicant's current business activities;

    (d) Types and quantities, by number or weight, of scrap tires to be transported, collected, processed, or recycled;

    (e) A description of the project's contribution to the recycling or other beneficial uses of scrap tires;

    (f) A description of the project's contribution to the State's solid waste management goals;

    (g) A description of the scope of the project as municipal, regional, or Statewide;

    (h) Certification of the facility's conformance to the county solid waste management plan and that it meets all applicable zoning and land use requirements;

    (i) Evidence of public participation and community support;

    (j) Status of the permit process for any State and local permits required by the project;

    (k) A detailed listing of assets to be purchased with the loan;

    (l) A detailed report of projected capital costs of the project that are being requested;

    (m) Plans and specifications for the project;

    (n) The schedule for construction or implementation of the project;

    (o) A description of the applicant's management system for construction and operation of the project;

    (p) A description of the bookkeeping and accounting system for expenditures for construction or implementation of the project, and repayment of the loan, when applicable; and

    (q) A feasibility study prepared by an independent agent.

  (2) The financial information required under §C(1)(c) of this regulation shall include the following:

    (a) Audited financial statements for the 3 most recent years;

    (b) The most recent quarterly financial statements;

    (c) 3 years of projections, including the following:

      (i) Balance sheets,

      (ii) Income statement,

      (iii) Statement of changes in cash flow, and

      (iv) Assumptions used in creating the projections;

    (d) A schedule of short-term notes payable;

    (e) A schedule of properties owned or mortgaged, or both, identifying the mortgage holder;

    (f) A schedule of long-term debt; and

    (g) An explanation of any contingent liabilities.

  (3) The Department may require, in its discretion, the following additional information:

    (a) Appraisals of real property and equipment;

    (b) Accounts receivable aging; and

    (c) Accounts payable aging.

#### Regulation .28 General Requirements and Priorities for Financial Assistance.

*COMAR 26.04.08.28*

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 recent State general obligation bond; and

  (5) Awarded for up to 50 percent of the eligible costs of the project.

B. The recipient shall execute an agreement with the Service to include all of the following:

  (1) Specification of:

    (a) The purpose of the loan or grant,

    (b) The amount of the loan or grant,

    (c) The term of the loan,

    (d) The interest rate for the loan, and

    (e) Any other conditions required by the Board of Public Works; and

  (2) The obligation of the award recipient to:

    (a) Construct, install, and operate the tire management project in a manner which ensures compliance with all applicable federal, State, and local laws and regulations,

    (b) Maintain the project for its expected useful life, and

    (c) Bind a successor in interest.

C. Requirements Specific to Loans. A loan awarded under this regulation shall be:

  (1) Repaid into the Fund;

  (2) Repaid within 30 years;

  (3) Executed with the manner of repayment described; and

  (4) Executed on loans over $2,500 with a granting to the State of a security interest specified by the Department in equipment, structures, or properties.

D. Award Criteria. The Department shall apply the following criteria to its evaluation of all applications for financial assistance, as appropriate:

  (1) Cost effectiveness of a proposed project;

  (2) Environmental or public health impacts caused by existing circumstances;

  (3) Problem prevention aspects of a proposed project;

  (4) Previous efforts expended to correct any existing problem;

  (5) Financial capacity of the applicant to operate the project;

  (6) Contribution of the proposed project toward meeting State and local solid waste plans and goals;

  (7) Provisions for monitoring and review of the project, and future financial performance;

  (8) Measures to assure accountability for all funds awarded under Environment Article, §9-275(a)(2), Annotated Code of Maryland;

  (9) Applicant's level of readiness in terms of organization, management, prior studies, and financing of a share of project cost; and

  (10) Contribution of the project toward the prevention or clean-up of scrap tire stockpiles in Maryland.