Md. Code Regs. 26.04.08.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.04.08.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Approved facility" means a facility located in or outside of the State for collecting, recycling, or otherwise processing scrap tires that is approved or licensed by the Department in accordance with regulations adopted by the Department.

(2) "Authorization" means the granting of approval or licensure by the Department to handle scrap tires.

(3) "Clean-up" means the 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.

Md. Code Regs. 26.04.08.02