Current through Register Vol. XLI, No. 50, December 13, 2024
Section 157-8-4 - Prohibition on Starting or Increasing the Size of Waste Tire Piles4.1 No Increase. No person may increase the size, volume or numbers of tires in a waste tire pile within the State.4.2 Monofills Exempt. Properly permitted monofills are exempt from Subsection 4.1 of these rules.4.3 No New Tire Piles. No person may accumulate, collect, deposit, or abandon waste tires in a tire pile whose increase in number would cause it to become an illegal waste tire pile.4.4 Combining Tire Piles. Depositing tires from a waste tire pile to another waste tire pile is prohibited.4.5 Disposal. Tires removed from a waste tire pile must be disposed of in a manner not in conflict with these rules, and in compliance with Legislative Rule 33CSR5, Section 1, et seq, "Waste Tire Management" of the DEP.4.6 Component Disposal. After shredding or other breaking down, cutting or processing of waste tires, no components thereof may be disposed of in a manner not consistent with these rules and with Legislative Rule, 33CSR5, "Waste Tire Management" of the DEP.4.7 Proper Transportation. Waste tires or components thereof, may not be transported into or out of this State for any purpose other than approved proper processing and/or legal disposal of the waste tire or component thereof.4.8 DEP Rules. No waste tire or component thereof, may be disposed of in a manner not consistent with these rules and the rules of DEP and the Solid Waste Management Board.4.9 Temporary Accumulations. As noted in WV Code § 17-24-3(a), the Commissioner may temporarily accumulate as many waste tires as he/she deems necessary at any location(s) necessary to effectuate the purpose of this rule. This also applies to contractors under contract with the Division to do remediation work at the direction of the Commissioner.4.10 Clean Up Notification. Companies, groups, persons that conduct clean up efforts to remediate tire problems are exempt from the provisions of these rules that limit the amount of tires and/or tonnage that may be accrued as a result of these efforts, provided that a written notice is delivered to the Commissioner and DEP at least 72 hours prior to the start of the event and a second written notice is delivered within 72 hours after the clean up. 4.10.a. The written notice prior to the clean up event must provide the tire pile location, a contact name, address and phone number for the company, group or person responsible for the event as well as the identity of the hauler(s) of the tires and the identity of the approved disposal point.4.10.b. The written notice after the clean up event must list the number of tires collected.4.11 Waste Tire Pile Reduction. Any person who reduces the number of tires in a waste tire pile in an attempt to avoid compliance will be deemed in non-compliance until the entire waste tire pile is remediated.4.12 Temporary Containment. Temporary containment or long-term storage of waste tires is prohibited and is deemed unlawful disposal and will constitute an open dump, unless such temporary containment or long term storage is conducted in strict accordance with the Division and DEP applicable rules or these rules.