§ 8-9-403 - Operation of waste tire sites -- Requirements and prohibited activities.
8-9-403. Operation of waste tire sites -- Requirements and prohibited activities.
(a) (1) Within six (6) months after July 15, 1991, the owner or operator of any waste tire site shall provide the Arkansas Department of Environmental Quality and the applicable solid waste management district with:
(A) Information concerning the site's location and size and the approximate number of waste tires that are accumulated at the site; and
(B) A written plan specifying a method and time schedule, subject to approval by the department, for the removal, disposal, or recycling of the tires.
(2) The owner or operator shall implement the approved plan according to its schedule.
(b) No person shall cause or permit the open burning of tires in the State of Arkansas.
(c) (1) A person shall not maintain a waste tire site.
(2) It is illegal for any person to dispose of used or waste tires or portions of used or waste tires in the state unless the tires are disposed of for processing or collected for processing at a permitted waste tire processing facility, a waste tire collection center, or a permitted solid waste disposal facility.
(3) (A) Whole tires shall not be deposited in a landfill as a method of ultimate disposal unless shredded or split into sufficiently small parts to assure their proper disposal.
(B) Three (3) years after August 12, 2005, only automobile tires that have been processed by cutting, shredding, or splitting into sufficiently small parts to assure proper disposal or automobile tires processed by baling may be disposed at a disposal site that has a permit issued for a landfill designed and operated as a waste tire monofill.
(C) Whole truck tires that exceed a rim size of twenty inches (20") and a load rating of "E" or higher may be placed in a waste tire monofill in accordance with the facilities permit without cutting, shredding, splitting, or baling.
(D) Suitable processed-tire materials may be used in the construction of daily and intermediate cover systems for all landfills if the use is:
(i) Authorized by the department;
(ii) Shown to not present a threat to human health and the environment; and
(iii) Shown to control disease, vectors, fires, odors, blowing litter, or scavenging.
(4) A person who leases or owns real property may use waste tires for soil erosion abatement and drainage purposes in accordance with procedures approved by the Arkansas Pollution Control and Ecology Commission and each solid waste management district or to secure covers over silage, hay, straw, or agricultural products.
(d) (1) The commission shall adopt regulations to carry out the provisions of this section.
(2) The regulations shall:
(A) Provide for the administration of waste tire processing facility permits and a fee for each permit which shall not exceed two hundred fifty dollars ($250) annually;
(B) Provide for the administration of waste tire transporter licenses, waste tire collection center permits, and a fee for each permit which shall not exceed two hundred fifty dollars ($250) annually;
(C) Set standards for waste tire processing facilities, waste tire collection centers, and waste tire transporters;
(D) Establish procedures for administering the waste tire grant program and issuing grants; and
(E) Authorize the final disposition of waste tires at a permitted solid waste disposal facility, provided the tires have been cut into sufficiently small parts to assure their proper disposal.
(e) A waste tire processing facility permit or a collection center permit, or both, is not required for:
(1) A tire retreading business where fewer than one thousand (1,000) waste tires are kept on the business premises;
(2) A business that in the ordinary course of business removes tires from motor vehicles if fewer than one thousand (1,000) of those tires are kept on the business premises;
(3) A retail tire-selling business that is serving as a waste tire collection center if fewer than one thousand (1,000) waste tires are kept on the business premises; or
(4) A site designated by a regional solid waste management district serving as a waste tire collection center where fewer than one thousand (1,000) tires are kept on the premises.
(f) The commission and each solid waste management district shall encourage the voluntary establishment of waste tire collection centers at retail tire-selling businesses, waste tire processing facilities, and solid waste disposal facilities, for the deposit of used and waste tires generated in the State of Arkansas, except those generated by a tire manufacturer.
(g) (1) Waste tires originating from a tire manufacturer shall be disposed of at either a permitted waste tire collection center or a permitted waste tire processing facility for a fee to be established by either of those facilities if disposed of in the State of Arkansas.
(2) Records of the disposition of the waste tires originating from a tire manufacturer shall be maintained by that manufacturer for a period of at least three (3) years and shall be available for review by the department.
(h) The commission shall establish guidelines and adopt regulations for a tire manifest system to monitor the sale and distribution of tires among tire dealers, waste tire collectors, waste tire processing facilities, and waste tire disposal facilities.