Section 6029.106 - Disposal of whole waste tires(a) Landfill disposal prohibited.--No person shall knowingly mix any whole used or waste tires with solid waste for disposal in a landfill. Owners or operators of landfills shall not accept whole used or waste tires for disposal. Nothing in this section shall be construed: (1) to prohibit the disposal at landfills of occasional whole used or waste tires unknowingly and inadvertently mixed with solid waste; or(2) to preclude the department from such disposal if it determines that such disposal is necessary.(b) Exceptions.--Landfills may accept whole tires when: (1) the landfill provides for shredding, chopping or splitting of whole used or waste tires prior to disposal, except that such shredding, chopping or splitting shall not be required when it is not feasible due to the condition of the waste tires;(2) the landfill uses the whole used or waste tires for alternative uses, which may include onsite uses such as lining of roadways with waste tires, use in landfill construction as liner protection, alternative daily landfill cover, use in a landfill leachate collection system or as otherwise provided for by regulation; or(3) the landfill makes available the whole used or waste tires to an appropriate facility for reuse, recycling or use as an alternative fuel source.(c) Written management plan.--Landfills that accept whole used or waste tires shall prepare and implement a written plan that addresses the management of waste tires. The plan shall, at a minimum, consist of the following: (1) Procedures for notifying transporters of solid waste to the landfill of the existence and purpose of the waste tire management program.(2) Procedures for distributing information regarding alternative management methods for waste tires or processed tires.(d) Notice to department.--Landfills that transfer whole used or waste tires to an appropriate facility for reuse, recycling or processing or as an alternative fuel source shall submit an annual report to the department. Notification shall include information regarding the following: (1) The name and address of the facility owner and operator to which waste tires are transferred.(2) The name, address and location of the facility.(3) The type of operation using the whole used or waste tires.(4) The dates of shipments or transfers.(5) The number of whole used and waste tires or the volume or weight of processed tires transferred.(e) Permit.--No person shall construct, alter, operate or utilize a waste tire recycling facility without a processing permit from the department as required by the act of July 7, 1980 (P.L. 380, No. 97) , known as the Solid Waste Management Act, or in violation of the regulations promulgated thereunder that relate to the storage of waste tires.1996, Dec. 19, P.L. 1478, No. 190, §106, imd. effective. Amended 2002, July 10, P.L. 781, No. 111, § 2, effective in 60 days; 2006, Feb. 14, P.L. 23, No. 7, §2, effective in 60 days [ 4/17/2006].