Solid Waste Regulation No. 5 Waste Tire Storage and Recycling Facility (250-RICR-140-05-5)


5.1 Waste Tire Storage and Recycling Facility

A. General Information: This rule has been prepared pursuant to, and under the authority of R.I. Gen. Laws Chapter 23-63.

1. In addition to the general requirements set forth in § 1.7 of this Subchapter, each application for a license to construct and operate a Waste Tire Storage and Recycling Facility subject to this rule must meet the following requirements.

B. Site Plan: A site plan including all of the information listed below for all areas within the site shall be submitted. The site plan must be drawn to an appropriate scale adjusted to fit on a standard size sheet. The required information includes:

1. Proposed leachate collection and treatment facilities

2. Buildings

3. Wells

4. Surface water courses

5. Roads

6. Areas to be used for storing recyclables, pre-processing residue, and after-processing residue

7. Legal boundaries of site certified by a Registered Land Surveyor in the State of Rhode Island

8. Power and pipe lines and utilities

9. Proposed fences

10. Weighing facilities

11. North arrow

12. Legend

13. Locations of buffer zones

14. Locations of loading and unloading areas

15. Locations of tipping, sorting, processing and treatment areas

16. Landscaping

17. On-site traffic patterns

18. Site drainage facilities

19. Areas to be used for the storage of non-recyclables

C. Construction and Engineering Plans: A complete set of construction and engineering plans and specifications relating to all buildings and equipment of the facility must be submitted to the Department.

D. Operating Plan:

1. An operating plan shall be submitted which includes information on all of the areas listed below. The duration of the operating plan shall equal that of the license. The operating plan shall be reviewed by the applicant prior to license renewal and any change to such plan shall be submitted to the Department for approval at that time.

2. The applicant must demonstrate an ability to comply with all General Operating Standards and with the Waste Tire Storage and Recycling Facility Operating Standards listed in § 1.9 of this Subchapter and § 5.2 of this Part, respectively. The following information shall be included in the plan:

a. Operating hours

b. Operating and design capacities

c. Types of solid waste to be collected, stored, treated, processed and/or disposed

d. Personnel and duties

e. Dust control program

f. Odor control program

g. Litter control program

h. Vector control program

i. Disposal quantities and arrangements for non-recyclables

j. Communications equipment available

k. Provisions for limited access

l. Weighing facilities

m. Fire control and prevention provisions

n. On-site traffic patterns

o. Methods describing how non-processible waste, including tire rims, hazardous waste and wastes not authorized by the Department, will be identified and handled at the facility.

p. Identification of how/where recyclables which cannot be marketed will be stored or disposed

q. Identification of provisions or methods of solid waste and leachate containment

r. Identification of proposed markets for recycled products

s. Routine maintenance and house cleaning schedules

t. Groundwater Monitoring Plan

E. Contingency Plan:

1. Applications for Waste Tire Storage and Recycling Facilities must include a Contingency Plan. The Plan must include, but not be limited to, the following:

a. Scope - The contingency plan must be designed to minimize hazards to human health and the environment resulting from fires, releases into the air, onto the soil, or into groundwater or surface water.

b. Contents - The contingency plan must describe the actions facility personnel will take in response to fires or releases, which could threaten human health or the environment, and actions to be taken if the facility is shut down for more than 24 hours. The plan must also include a map indicating the locations of all fire prevention measures and firefighting equipment, including berms, booms, soil stockpiles, fire extinguishers, etc. used to collect or prevent runoff.

F. Closure Plan: Pursuant to the requirements set forth in § 1.7(J) of this Subchapter, the applicant shall submit a closure plan which includes information on the following:

1. Fences, gates, and all other security measures to prevent unauthorized access to the site.

2. Legal boundaries.

3. Measures taken to remove all remaining refuse and residue.

4. Planned or estimated year or time period of proposed closure.

5. Methods of restricting access and preventing additional waste disposal.

6. Methods of protecting ground and surface water.

7. Intended future use of the facility.

8. A financial estimate of the costs to properly close the facility. With respect to financial assurance § 1.7(J)(b) of this Subchapter, the applicant must post financial assurance for the full amount of the closure cost estimate as a pre-condition for the issuance of a solid waste management facility license.

5.2 Waste Tire Storage and Recycling Facility Operating Standards

A. General Information

This rule has been prepared pursuant to, and under the authority of, R.I. Gen. Laws Chapter 23-63.

B. Applicability

1. This rule applies to all persons engaged in the used tire recycling or recovery business within the State that store or have designs to store in excess of four hundred tires.

a. Existing waste tire storage facilities shall comply with the provisions of these rules in accordance with § 1.10 of this Subchapter.

b. An application for a license to operate an existing Waste Tire Recycling Facility must satisfy the requirements of § 5.1 of this Part and must also contain a plan and time frame for modifying the existing facility to comply with this rule.

C. Waste Tire Storage

1. Storage of waste tires must meet the following requirements:

a. Whole tire piles must not exceed 20 feet in height. Horizontal dimensions of waste tire piles at the base of the pile must not exceed 200 feet in length and 50 feet in width.

b. Waste tire piles must have a minimum separation distance of 50 feet between piles, and between a pile and buildings and other structures.

c. Waste tire piles must have a minimum separation distance of 200 feet from property lines.

d. The facility must not store waste tires in excess of the quantity for which the facility is licensed.

e. Tires that are chipped or shredded into 8-inch diameter pieces or smaller may be stored in piles not exceeding 200 feet in length, 150 feet in width, and 20 feet in height.

f. Waste tires may not be stored in excess of 6 months. For the purpose of complying with this rule, a facility must be able to demonstrate that, on a throughput basis, it is processing 75 percent of the total amount of tires on site within a six (6) month period, or for each six (6) month period the facility is in operation.

D. Sorting of Waste Tires

Tires must be unmounted. Any solid waste resulting from facility operation must be stored in Department approved areas until removed from the facility. Facilities that remove and recover rims may store mounted tires in a manner approved by the Department and only for a time approved by the Department.

E. Processing of Waste Tires

1. All waste tire-recycling facilities are required to chip, pulverize or process all waste tires within a Department approved time frame.

2. A description of the facility's tire reduction/processing techniques must be included in the facility's operating plan.

F. Fire Prevention and Control

1. Approved roads to the facility and access roads within the facility must be constructed for all weather conditions and must be maintained in passable condition at all times to allow for access by fire fighting and emergency response equipment.

2. The facility must be maintained free from weeds, trees, and vegetation which may restrict access to or operations of the facility.

3. The facility must be constructed to prevent the uncontrolled collection and pooling of water on the facility.

4. Waste tire facilities must have, at a minimum, a soil stockpile with approximately 2000 cubic yards of soil available for each 4 acres of storage, and fully charged large capacity carbon dioxide or dry chemical fire extinguishers located in strategically placed enclosures throughout the entire facility in quantities as deemed necessary in the operating plan.

5. Waste tire piles must have access to a water supply, such that any part of the storage pile can be reached by using not more than 500 feet of hose, or a distance that is approved by the local firefighting company.

6. Waste tire piles must be accessible on all sides to fire fighting and emergency response equipment.

7. Due to the specific fire hazard that tires represent, all Waste Tire Storage and Recycling Facilities are required to provide surety or insurance in an amount sufficient to cover the cost of handling the worst-case contingency identified in the contingency plan, or closure of the facility at its maximum capacity (whichever is greater).

G. Vector Control

1. Waste tire piles must be maintained in a manner which limits mosquito breeding potential and other vectors. Methods of acceptable vector control may include one or more of the following:

a. Covering by plastic sheets or other impermeable barriers, other than soil, to prevent the accumulation of precipitation.

b. Chemical treating to eliminate vector breeding provided all chemical treatment programs used as part of the vector control plan first receive Department approval.

c. Mechanical tire size reduction into pieces no larger than eight inches in diameter, with storage in piles, per §§ 5.2(C) and (D) of this Part that allows complete water drainage.

d. Other methods that may be approved by the Mosquito Abatement Board.

H. Security Plan

Facilities must be enclosed by a woven wire, chain-link or other acceptable fence material, at least six feet in height. Access must be controlled by lockable gates. Fences must be a minimum distance of two hundred (200) feet from tire piles and tire processing areas.

Title 250 Rhode Island Department of Environmental Management
Chapter 140 Waste and Materials Management
Subchapter 05 Solid Waste
Part 5 Solid Waste Regulation No. 5 Waste Tire Storage and Recycling Facility (250-RICR-140-05-5)
Type of Filing Technical Revision
Regulation Status Inactive
Effective 12/31/2001 to 01/04/2022

Regulation Authority:

R.I. Gen. Laws Chapter 23-63.

Purpose and Reason:

This technical revision is being promulgated to reformat the rule into the RICR format for the Rhode Island Code of Regulations. No substantive changes have been made.