Statutes, codes, and regulations
Delaware Administrative Code
Title 7 - Natural Resources and Environmental ControlDivision of Waste and Hazardous SubstancesSolid and Hazardous Waste Management Section
Regulations Governing Solid Waste
Section 1301-12.0 - Scrap Tire Facilities

7 Del. Admin. Code § 1301-12.0

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Current through Register Vol. 28, No. 4, October 1, 2024
Section 1301-12.0 - Scrap Tire Facilities
12.1 Scope and Applicability
12.1.1 This section applies to new and existing areas established for scrap tires that are associated with a qualifying business. A qualifying business is a business that generates and accumulates scrap tires but whose primary purpose is not to accumulate scrap tires. Examples of qualifying businesses may include but are not limited to: tire retreading businesses; automobile graveyards or junkyards; local and state governmental agencies and/or facilities such as county maintenance, police, and fire; military institutions and/or facilities; farmers; and other automotive businesses. This section does not apply to owner/operators who have a current and valid resource recovery facility permit (or other approval issued pursuant to these regulations) that addresses scrap tire management. This section also does not apply to persons who are registered with, and actively participating in, the Scrap Tire Management Program, administered by the Department. All transporters of solid waste, including scrap tires, must comply with any applicable provisions in Section 7.0. All scrap tire facilities whose primary purpose is to accumulate scrap tires must comply with any applicable provisions in Sections 9.0 and 10.0, as applicable.
12.2 Scrap Tire Facility Categories
12.2.1 All scrap tire facilities must either fall into one of three groups, as defined below. A property may have only one scrap tire facility. All other scrap tires facilities are prohibited.
12.2.1.1 Group 1: total volume for scrap tires will be no greater than 450.5 square feet by 10 feet high, with the height being measured from the lowest point on the lowest tire and the square footage measured using the furthermost tires.
12.2.1.2 Group 2: total volume for scrap tires will be no greater than 901 square feet by 10 feet high, with the height being measured from the lowest point on the lowest tire and the square footage measured using the furthermost tires.
12.2.1.3 Group 3: scrap tires enclosed by a trailer, not to exceed the use of two (2) trailers, neither having dimensions greater than 53 feet x 8.5 feet x 10 feet.
12.3 Implementation Date
12.3.1 Scrap tire facilities in existence prior to the effective date of these regulations
12.3.1.1 Scrap tire facilities meeting the requirements of Group 1 must apply to the Department for a permit pursuant to these regulations no later than 90 days after the effective date of these regulations.
12.3.1.2 Scrap tire facilities meeting the requirements of Group 2 must apply to the Department for a permit pursuant to these regulations no later than 180 days after the effective date of these regulations.
12.3.1.3 Scrap tire facilities meeting the requirements of Group 3 may operate without a permit provided that no later than 90 days from the effective date of these regulations, the facility achieves compliance with the requirements of subsection 12.3.2.2.
12.3.2 Each scrap tire facility created after the effective date of these regulations must:
12.3.2.1 For Groups 1 and 2, prior to commencing operation, the scrap tire facility must comply with subsection 4.1.1.3 of these regulations.
12.3.2.2 For Group 3, prior to commencing operation, the scrap tire facility must:
12.3.2.2.1 Obtain a Site Identification Number by completing and submitting a notification to the Department. The form is available from the Department.
12.3.2.2.2 Maintain scrap tires in a facility enclosed by a trailer(s).
12.3.2.2.3 Maintain compliance with subsections 12.5, 12.6, 12.7, and 12.10.
12.3.2.2.4 Maintain compliance with the requirements of subsection 12.3.2.2 or within 30 days either:
12.3.2.2.4.1 Comply with subsection 4.1.1.3 of these regulations; or
12.3.2.2.4.2 Comply with subsection 12.11.1.1 of these regulations.
12.4 Permit Application Requirements
12.4.1 At least 45 days for Group 1 and 90 days for Group 2 before commencement of any construction or operation of a new scrap tire facility, or for a preexisting scrap tire facility, subject to Subsection 12.3, the owner/operator shall submit to the Department a complete permit application for a scrap tire facility and the following documentation:
12.4.1.1 Description
12.4.1.1.1 A description of the proposed scrap tire facility, including volume of proposed or existing tires, whichever is larger, and the type of qualifying business at which the scrap tire facility will occur.
12.4.2 Facility Diagram
12.4.2.1 An accurate facility diagram of the proposed scrap tire facility showing all siting requirements of subsection 12.5 and any other features connected to the construction and operation of the scrap tire facility.
12.4.3 GIS Image
12.4.3.1 A current GIS image of the property where the scrap tire facility is/will be located and the surrounding properties. On the image, delineate the property boundary and the scrap tire facility location. In addition, label the nature of the surrounding properties (e.g. business with type of business specified, residence, etc.).
12.4.4 Floodplain Map
12.4.4.1 The most recent Federal Emergency Management Agency's 100-year flood data of the area to demonstrate that the proposed facility will not be located in the 100-year floodplain, restrict the flow of a 100-year flood, or reduce the storage capacity of a floodplain.
12.4.5 Operations Manual
12.4.5.1 An Operations Manual prepared in accordance with subsection 12.7.2.
12.4.6 Proof that all applicable zoning approvals and all appropriate federal, state, and local environmental permits have been obtained.
12.4.7 Title, Right, or Interest
12.4.7.1 Evidence of an applicant's title, right, or interest in the property for the proposed facility location.
12.4.8 Certification
12.4.8.1 A statement signed by the applicant that all siting and design standards and operational requirements of this subsection will be met before commencement of any construction or operation of a scrap tire facility or prior to expiration of the transition provisions of subsection 12.3.
12.4.9 Financial Assurance (Required only for Group 2)
12.4.9.1 Evidence of financial assurance in accordance with subsection 12.8.
12.5 Siting and Design Standards
12.5.1 To qualify for a permit, the siting and design standards of this subsection must be met, with distances being measured using the closest tire to the setback object. In the instance where applicable zoning requirements are more stringent than the requirements in these regulations, then the more stringent requirements must be met.
12.5.1.1 Setbacks
12.5.1.1.1 The following setbacks must be maintained for Group 1:
12.5.1.1.1.1 A minimum 20 foot setback between the scrap tire facility and all public roads and property boundaries.
12.5.1.1.1.2 A minimum 50 foot setback between the scrap tire facility and residences in existence at the time the application is filed.
12.5.1.1.1.3 A minimum 100 foot setback between the scrap tire facility and off-site drinking water supply wells and water supply springs in existence at the time the application is filed.
12.5.1.1.2 The following setbacks must be maintained for Group 2:
12.5.1.1.2.1 A minimum 100 foot setback between the scrap tire facility and all public roads and property boundaries.
12.5.1.1.2.2 A minimum 300 foot setback between the scrap tire facility and residences in existence at the time the application is filed.
12.5.1.1.2.3 A minimum 300 foot setback between the scrap tire facility and off-site drinking water supply wells and water supply springs in existence at the time the application is filed.
12.5.1.1.3 The following setbacks must be maintained for Group 3:
12.5.1.1.3.1 Owners/operators of one (1) trailer must comply with the setbacks in subsection 12.5.1.1.
12.5.1.1.3.2 Owners/operators of two (2) trailers must comply with the setbacks in subsection 12.5.1.2.
12.5.1.2 Floodplain
12.5.1.2.1 A new or existing scrap tire facility shall not be located within the 100-year floodplain, based on flood data generated by the Federal Emergency Management Agency, unless Department approved measures are taken to mitigate environmental impacts.
12.5.1.3 Natural Resources
12.5.1.3.1 A scrap tire facility shall not be located:
12.5.1.3.1.1 Within or around, at the Department's discretion and determination, important and/or sensitive habitat or habitats that support rare, threatened, or endangered species; or
12.5.1.3.1.2 At a minimum, within 50 feet of:
12.5.1.3.1.2.1 A state or federally regulated wetland, or
12.5.1.3.1.2.2 A pond, river, or stream, except for artificial ponds or impoundments.
12.5.1.4 Fire Prevention Measures
12.5.1.4.1 All grasses, weeds, brush, debris, and other combustible material must not be present in or on the scrap tire facility.
12.5.1.4.2 No activities involving the use of open flames, blow torches, or highly flammable substances shall be conducted within the scrap tire facility or within the required fire break. Smoking is also prohibited within the scrap tire facility and within the required fire break.
12.5.1.4.3 For Group 1, a 20 foot fire break consisting of either a mineral strip free of combustible materials or well maintained, regularly mowed grass must be constructed around the perimeter of the scrap tire facility.
12.5.1.4.4 For Group 2, a 50 foot fire break consisting of either a mineral strip free of combustible materials or well maintained, regularly mowed grass must be constructed around the perimeter of the scrap tire facility.
12.5.1.4.5 For Group 3, owners/operators of one (1) trailer must maintain a 20 foot fire break around the perimeter of the trailer. Owners/operators of two (2) trailers must maintain a 50 foot fire break around the perimeter of the trailers. The fire break shall consist of either a mineral strip free of combustible materials or well maintained, regularly mowed grass.
12.5.1.4.6 The owner/operator must attempt to make arrangements with the local fire department to familiarize them with the layout of the facility and places where facility personnel would normally be working.
12.5.1.5 Stabilization
12.5.1.5.1 The area under the scrap tire facility must be adequately stabilized to prevent any scrap tires from sinking below ground level and to prevent any significant unintended movement of the tires on the scrap tire facility.
12.5.1.6 Department Discretion
12.5.1.6.1 The Department has the discretion to modify the Siting and Design Standards for a specific scrap tire facility upon request from an owner/operator.
12.6 Mosquito Control
12.6.1 The owner/operator of a scrap tire facility must implement and maintain mosquito control by either:
12.6.1.1 Removing any water held in scrap tires immediately prior to placement in the facility via hole punching, boring, or drilling throughout tires or other sufficient means, and storing scrap tires in such a way that water does not accumulate in the scrap tires or containers where scrap tires are held; or
12.6.1.2 If any scrap tires hold water that is not removed within 24 hours of placement in the scrap tire facility or within 24 hours of a precipitation event, a larvicide that is registered for use for mosquito control by the U.S. Environmental Protection Agency must be effectively applied to the water-holding tires within 48 hours of placement in the scrap tire facility. The owner/operator or a private contractual professional pesticide applicator, at the owner/operator's expense, can perform the initial and/or follow-up larvicide applications, provided that the applications are safely done in accordance with all product label instructions and federal or state regulations. If a Restricted Use pesticide is utilized, it must be purchased and applied by a Delaware Certified Pesticide Applicator (who could be the owner/operator if appropriately certified) in accordance with Delaware Department of Agriculture regulations. The Department's Mosquito Control Section, if requested by the owner/operator, can also perform the larvicide applications at the Section's discretion. The owner/operator shall then reimburse the Mosquito Control Section for all costs of any such treatments as determined or assessed by the Department.
12.6.1.2.1 A larvicide must be reapplied as needed to maintain good larval control in accordance with the methods described in subsection 12.6.1.2.
12.6.1.2.2 Mosquito control records involving larvicide applications must be maintained on the premises for a period of three years and be available to Department personnel upon request. The records, at a minimum, must include name, type, and amount of larvicide applied per tire, the EPA registration number of the larvicide product lot used, the date and time of application, and the name of the person who applied the larvicide along with their Delaware Certified Pesticide Applicator Number, if a Restricted Use pesticide was applied.
12.6.2 If the Department finds the existence of excessive numbers of adult mosquitos or mosquito larvae on the premises, as determined at sole discretion of the Department, the owner/operator must apply, within 24 hours of notice from the Department, an adulticide or larvicide that is registered for use for mosquito control by the U.S. Environmental Protection Agency, with applications done in accordance with all Delaware Department of Agriculture regulations, using the methods described in Subsection 12.6.1.2.
12.7 Operational Standards
12.7.1 On-Site Operations
12.7.1.1 The owner/operator shall take whatever measures are necessary to familiarize all personnel responsible for operation of the scrap tire facility with relevant sections of the operations manual required in subsection 12.7.2, including training on the procedures to be followed in case of an emergency, including, but not limited to, fires.
12.7.1.2 The siting and design standards as required by subsection 12.5 must be met and maintained.
12.7.1.3 Only scrap tires may be stored in the designated scrap tire facility.
12.7.1.4 Only scrap tires generated by or from the qualifying business may be present on the scrap tire facility owned/operated by the qualifying business.
12.7.1.5 The scrap tire facility is required to be secured at all times during non-business hours. For completely enclosed containers, such as trailers, security can be achieved by locking the trailer. For all other situations, the facility must be enclosed by a locked security fence.
12.7.1.6 Scrap tires cannot stay on-site indefinitely: each calendar year, the amount of scrap tires removed from the facility must equal at least 75% (by weight, volume, or number) of the amount of scrap tires accumulated on-site on January 1st of that calendar year.
12.7.1.7 Any scrap tire(s) removed from the facility must be properly transported to an authorized treatment, storage, disposal, or recycling facility (TSDRF).
12.7.1.8 The following inspections must be conducted at least monthly:
12.7.1.8.1 The owner/operator must inspect the scrap tire facility for litter and unauthorized materials. All litter and unauthorized materials must be removed from the scrap tire facility.
12.7.1.8.2 The owner/operator must inspect the fire break constructed around the perimeter of the scrap tire facility to ensure it meets the requirements in subsection 12.5.4.
12.7.1.8.3 The owner/operator must inspect the scrap tire facility and the surrounding area to ensure emergency equipment identified in its Operations Manual as required by subsection 12.7.2.1.3.2 is available and accessible.
12.7.1.8.4 The owner/operator must inspect the scrap tire facility to ensure the perimeter is secure in accordance with subsection 12.7.1.5.
12.7.2 Operations Manual
12.7.2.1 The owner/operator must develop and implement an operations manual. A paper copy of the operations manual must be readily available on-site. The manual must include:
12.7.2.1.1 Procedures for clean-up and maintenance of the facility;
12.7.2.1.2 Procedures to ensure compliance with the operational requirements of subsections 12.7.1 and 12.7.3.
12.7.2.1.3 Emergency procedures, including, but not limited to:
12.7.2.1.3.1 A list of names and telephone numbers of persons to be contacted in an emergency, including, but not limited to, the scrap tire facility's emergency coordinator, the Department's emergency number (1-800-662-8802) and 9-1-1.
12.7.2.1.3.2 A list of emergency response equipment present at the scrap tire facility or available for use at the facility and the location of the equipment;
12.7.2.1.3.3 Procedures to be followed by facility personnel from discovery of the emergency until the situation is corrected;
12.7.2.1.3.4 Location of known water supplies, fire hydrants, dry chemical extinguishers, or other materials that may be used for fire fighting purposes;
12.7.3 Recordkeeping
12.7.3.1 The following records must be maintained for a period of three (3) years and made available for inspection by the Department upon request.
12.7.3.1.1 Documentation of personnel training required in subsection 12.7.1.1.
12.7.3.1.2 Documentation demonstrating the percentage of turnover as required in subsection 12.7.1.6.
12.7.3.1.3 Documentation demonstrating delivery (e.g., tolling agreement, letter of acceptance, manifest or other documentation deemed acceptable by the Department) to the TSDRF as required by subsection 12.7.1.7.
12.7.3.1.4 Documentation of arrangements with fire departments, as required in subsection 12.5.4.6.
12.7.3.1.5 Mosquito control records in accordance with subsection 12.6.1.2.2.
12.7.3.1.6 Documentation of inspections as required by subsection 12.7.1.8.
12.7.4 Reporting
12.7.4.1 The owner/operator must prepare and submit an annual report to the Department by March 1st of each calendar year. The report shall be submitted on a form provided by the Department and is to cover scrap tire facility activities during the previous calendar year.
12.7.4.2 In the event of a fire or other emergency related to the scrap tire facility, the owner/operator shall immediately notify emergency services by calling 9-1-1 and the Department by calling 1-800-662-8802. Within seven (7) calendar days of reporting an emergency situation at the scrap tire facility, the owner/operator shall submit to the Department a written report detailing the emergency. The report must include:
12.7.4.2.1 A description of the type of emergency;
12.7.4.2.2 Date and time of the emergency;
12.7.4.2.3 A description of the origins of the emergency;
12.7.4.2.4 A description of the actions taken to respond to the emergency;
12.7.4.2.5 The results of the actions that were taken to date; and
12.7.4.2.6 An analysis of the success or failure of the actions.
12.8 Financial Assurance (Required only for Group 2)
12.8.1 The owner/operator must obtain and retain a minimum of $10,000 financial assurance. Financial assurance is not required if the owner/operator can demonstrate a current, valid contract or other legal documentation with an approved TSDRF that requires the owner/operator to pay the cost of removing the scrap tires prior to delivery of a trailer where the scrap tires will be accumulated. Failure to obtain financial assurance will result in denial of issuance of a permit, which will cause the owner/operator to be in violation of these regulations. Failure to maintain financial assurance will result in revocation of the permit, which will cause the owner/operator to be violation of these regulations.
12.9 Right of Entry and Access
12.9.1 The Department retains the right of entry and access upon any private or public property during normal business hours and upon presentation of official identification for any purpose relating to the scrap tire regulations.
12.10 Notification of Closure/Closure
12.10.1 When a scrap tire facility ceases accepting and/or generating scrap tires or ceases meeting the requirements of these regulations, all scrap tires must be removed and the facility shall be closed in a manner that will eliminate the need for further maintenance of the facility. The following conditions apply:
12.10.1.1 The Department shall be notified in writing a minimum of 90 days prior to the proposed date of cessation of use of a facility.
12.10.1.2 The notification of closure must include:
12.10.1.2.1 A description of methods, procedures, and processes that will be used to close the facility, including provisions that will be made for the proper removal of all scrap tires on the facility when operation ceases;
12.10.1.2.2 A description of restrictions that will be put in place to preclude delivery of additional scrap tires;
12.10.1.2.3 An estimate of the cost of closing the facility; and
12.10.1.2.4 A schedule for implementation of closure procedures.
12.10.1.3 A scrap tire facility must be closed in a manner that minimizes the need for further maintenance, and so that it will not pollute any waters, contaminate the ambient air, constitute a hazard to health or welfare, or create a nuisance.
12.10.1.4 The owner/operator must remove all scrap tires from the facility. All scrap tires must be properly transported to an authorized TSDRF. Documentation demonstrating delivery (e.g., tolling agreement, letter of acceptance, manifest or other documentation deemed acceptable by the Department) to the TSDRF must be kept for a period of at least three years and all documentation must be available for inspection by the Department upon request.
12.10.1.5 The owner/operator shall begin implementation of the closure within 30 days following written Department approval, with full closure being achieved within 90 days, unless otherwise approved in writing by the Department.
12.10.1.6 The owner/operator must notify the Department within 10 days after closure activities are complete.
12.11 All other scrap tire facilities
12.11.1 All other scrap tire facilities not complying with the requirements of Group 1, Group 2, or Group 3 or owner/operators who do not have a current and valid resource recovery facility permit (or other approval issued pursuant to these regulations) that addresses scrap tire management; or persons who are not registered with, and actively participating in, the Scrap Tire Management Program are prohibited and all scrap tires must be removed in accordance with this subsection and the facility shall be closed in a manner that will eliminate the need for further maintenance of the facility. The following conditions apply:
12.11.1.1 The owner/operator must submit to the Department within 30 days of non-compliance with these regulations:
12.11.1.1.1 A description of methods, procedures, and processes that will be used to close the facility, including provisions that will be made for the proper removal of all scrap tires on the facility when operation ceases;
12.11.1.1.2 A sediment and stormwater management plan if required under, and in accordance to, the Sediment and Stormwater regulations in Title 7, Chapter 40 of the Delaware Code.
12.11.1.1.3 A description of restrictions that will be put in place to preclude delivery of additional scrap tires;
12.11.1.1.4 An estimate of the cost of closing the facility; and
12.11.1.1.5 A schedule for implementation of closure procedures.
12.11.1.2 A scrap tire facility must be closed in a manner that minimizes the need for further maintenance, and so that it will not pollute any waters, contaminate the ambient air, constitute a hazard to health or welfare, or create a nuisance.
12.11.1.3 The owner/operator must remove all scrap tires from the facility. All scrap tires must be properly transported to an authorized treatment, storage, disposal, or recycling facility (TSDRF). Documentation demonstrating delivery (e.g., tolling agreement, letter of acceptance, manifest or other documentation deemed acceptable by the Department) to the TSDRF must be kept for a period of at least three years and all documentation must be available for inspection by the Department upon request.
12.11.1.4 The owner/operator shall begin implementation of the closure within 30 days following written Department approval, with full closure being achieved within 90 days, unless otherwise approved in writing by the Department.
12.11.1.5 The owner/operator must notify the Department within 10 days after closure activities are complete.
12.11.2 Failure to promptly and properly close the scrap tire facility may result in an enforcement action.

7 Del. Admin. Code § 1301-12.0

19 DE Reg. 418 (11/1/2015)
20 DE Reg. 296 (10/1/2016) (Final)