Md. Code Regs. 26.04.08.03

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

Section 26.04.08.03 - General Provisions and Specifically Prohibited Acts

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.

Md. Code Regs. 26.04.08.03