Arkansas Administrative Code

8 CAR § 64-1016. Suspension or termination of funding decisions or grant decisions. (a)(1) Upon written notice by the Director of the Division of Environmental Quality or designee to the affected used tire program or grantee, a reimbursement or grant may be suspended or terminate…

8 CAR § 64-1017. Reimbursement of funds to the division. (a) The Director of the Division of Environmental Quality may order the used tire program or grantee to reimburse the Division of Environmental Quality a part of, or all of, the funds awarded if the director determines that…

8 CAR § 64-102. Purpose. (a) The purpose of the Tire Accountability Program is to: (1) Reimburse used tire programs for used tire recycling and disposal costs; (2) Incentivize recycling used tires collected; (3) Provide accountability for the disbursement of moneys to used tire p…

8 CAR § 64-103. Legislative intent. The General Assembly made the following determinations related to used tires: (1) If not properly managed, used tires pose a potential threat to human health and safety and the environment because used tires: (A) Are a known breeding habitat fo…

8 CAR § 64-104. Applicability. A person who receives funding under this part, tire collection centers, tire retailers, tire processing facilities, tire transporters, tire generators, waste tire sites, and commercial generators are subject to: (1) All provisions in Arkansas Code T…

8 CAR § 64-105. Market development. (a) The used tire program shall develop market opportunities for recycling and beneficial use of used tires and used tire materials, including tire-derived fuel. (b) The market sectors for recycling and beneficial use of used tires could includ…

8 CAR § 64-106. Definitions. As used in this part, the following definitions apply: (1) “Abatement” means the removal of used tires from a waste tire site, stockpile, or other site with accumulations of whole or shredded used tires; (2) “Access-controlled collection center” means…

8 CAR § 64-1101. Project approval. (a) Proposed beneficial use projects shall require written approval by both the used tire program and the Division of Environmental Quality. (b)(1) The used tire program, where used tires or residuals will be used, shall set any policies, form a…

8 CAR § 64-1102. Project proposal requirements. (a) The Division of Environmental Quality, at its discretion, may require the beneficial use proposal to be prepared by a professional engineer registered in the State of Arkansas. (b) The beneficial use proposal shall include the f…

8 CAR § 64-1103. Review considerations. The following conditions shall be considered in determining the appropriateness of proposed beneficial use project applications: (1)(A) The level of engineering, technical detail, or both provided as compared to the complexity of the benefi…

8 CAR § 64-1104. Additional safeguards. The Division of Environmental Quality reserves the right to grant written conditional approval for beneficial use projects and impose additional operating requirements, design requirements, or both, as needed to ensure: (1) Structural integ…

8 CAR § 64-1105. Financial assurance. (a) The Division of Environmental Quality may require separate financial assurance for any approved beneficial use project. (b) If the division determines a beneficial use project requires financial assurance, the financial assurance mechanis…

8 CAR § 64-1106. Exemptions. The following uses of used tires may be exempted from the review and approval requirements of this subpart as determined by the Division of Environmental Quality on a case-by-case basis: (1) A person who owns or leases real property may use five hundr…

8 CAR § 64-1201. Prohibited activities. (a) A person shall not maintain a waste tire site. (b) It is illegal for any person to dispose of tires, used tires, or portions of tires in the state unless the tires, used tires, or portions of tires are disposed of for processing or coll…

8 CAR § 64-1202. Waste tire sites. (a) This section applies to any one (1) or more of the following: (1) An owner or operator of a waste tire site; (2) Any facility permitted under this part that no longer accepts, collects, or processes tires; or (3) Any individual responsible f…

8 CAR § 64-1301. Requirements. (a) The disposal facility shall be constructed, operated, and maintained according to final plans, specifications, and operation narrative as approved by the Division of Environmental Quality and in compliance with applicable provisions of: (1) The …

8 CAR § 64-1302. Cover requirement. Tires shall be covered at least weekly, or as required by the permit, with earthen cover material or other alternate cover as approved by the Division of Environmental Quality.

8 CAR § 64-1303. Recordkeeping. (a) The owner or operator of a permitted solid waste disposal site shall record and maintain for three (3) years information regarding their activities. (b) The records shall be made available for inspection by Division of Environmental Quality per…

8 CAR § 64-1304. Annual reporting. (a) Owners and operators of waste tire disposal facilities shall submit to the Division of Environmental Quality an annual report by June 30 that summarizes the information collected regarding their activities. (b) In addition, tire disposal fac…

8 CAR § 64-1401. Tire collection centers. (a)(1) To be eligible for reimbursements under this part and the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq., each used tire program shall establish at least one (1) tire collection center in each county th…

8 CAR § 64-1402. Permit required. (a) A tire collection center general permit is required for any one (1) or more of the following: (1) A tire retreading business where tires from tire generators, tire transporters, or the public are kept on any real property owned, leased, or ot…

8 CAR § 64-1403. Application. (a) Before beginning operation, a tire collection center shall submit a general permit application to the Division of Environmental Quality using Form TAP-6 (General Permit Notification Application) requesting coverage under the general permit prior …

8 CAR § 64-1404. Disposal fees. (a) A resident of the used tire program shall not be charged a fee for discarding four (4) or fewer used tires of any size at a tire collection center each month or more often at the discretion of the used tire program. (b) A tire generator shall n…

8 CAR § 64-1405. Recordkeeping and annual reporting. (a) The owner or operator of a tire collection center shall record and maintain for three (3) years information regarding their activities, which shall be used to annually complete Form TAP-5 (Tire Collection Center and Process…

8 CAR § 64-1406. Inspections. (a)(1) The owner or operator must inspect its facility for malfunctions and deterioration, operator errors, and discharges that may be causing or lead to: (A) Release of hazardous constituents to the environment; or (B) A potential threat to human he…

8 CAR § 64-1407. Permit fee. (a)(1) An initial permit fee of two hundred dollars ($200) is due at the time of submitting the general permit notification Form TAP-6. (2) A used tire program shall not be required to pay this permit fee. (b)(1) An annual tire collection center permi…

8 CAR § 64-1408. Storage. (a) A permitted tire collection center may collect a maximum of five thousand (5,000) loose tires or a maximum of ten thousand (10,000) compacted and baled tires at the site. (b) A tire collection center must comply with the following technical and opera…

8 CAR § 64-1409. Entry. (a) Access to the site shall be controlled through the use of fences, gates, natural barriers, or other means approved by the Division of Environmental Quality. (b) However, at tire collection centers where used tires are collected and stored in containers…

8 CAR § 64-1410. Vector control. An approved vector control program must be operational at all times for tires stored outdoors.

8 CAR § 64-1411. Permit transfers. General permits are not transferrable.

8 CAR § 64-1412. Financial assurance. (a)(1) Financial assurance is not required for tire collection centers at the time of applying for and receiving a general permit. (2) However, during the period of general permit coverage, the Division of Environmental Quality may determine …

8 CAR § 64-1501. Permit required. (a) A tire processing facility shall obtain a site-specific permit prior to construction or operation commencement using Form TAP-4. (b) A tire processing facility used for processing not more than five hundred (500) used tires during any thirty …

8 CAR § 64-1502. Storage. (a)(1) All whole tires, used tires, waste tires, recyclable tires, used tires culled for resale, tire bales, processed tires, and residuals shall be stored in accordance with the tire storage requirements in this part. (2) Tires received for processing, …

8 CAR § 64-1503. Duration. At least seventy-five percent (75%) of both the used tires and processed tires that are contained on the property of the tire processing facility must either be processed and removed from the facility during the year received for recycling or disposal o…

8 CAR § 64-1504. Recordkeeping. (a)(1) The owner or operator of a tire processing facility shall record and maintain information regarding their activities for three (3) years. (2) The records shall be available for inspection by Division of Environmental Quality personnel during…

8 CAR § 64-1505. Inspections. (a)(1) The owner or operator must inspect its facility for malfunctions and deterioration, operator errors, and discharges which may be causing or lead to: (A) Release of hazardous constituents to the environment; or (B) A potential threat to human h…

8 CAR § 64-1506. Vector control. An approved vector control program must be operational at all times for tires stored outdoors.

8 CAR § 64-1507. Emergency preparedness. (a)(1) The owner or operator of a tire processing facility shall submit for review and approval an emergency preparedness plan that adequately mitigates all fire hazards and provides for the safety and health of all persons who may be pote…

8 CAR § 64-1508. Operator license requirement. An operator at a tire processing facility shall be licensed as a solid waste management facility operator in accordance with Licensing of Operators of Solid Waste Management Facilities and Environmental Officers, 8 CAR pt. 62.…

8 CAR § 64-1509. Application and annual permit fees. (a)(1) Applications for a site-specific tire processing facility permit shall be submitted to the Division of Environmental Quality using Form TAP-4 (Used Tire Collection and Processing Facility Permit Application). (2) Enginee…

8 CAR § 64-1510. Disclosure statement. (a) Except as provided under subsection (b) of this section, the applicant shall file a disclosure statement at the time the application is submitted. (b) The following entities are exempt from filing a disclosure statement under this sectio…

8 CAR § 64-1511. Permit transfers. (a) A site-specific permit for a tire processing facility may be transferred if the current permittee submits an administratively and technically complete application including the following: (1) A written request for the permit transfer; (2) A …

8 CAR § 64-1512. Annual reporting. (a) An owner or operator of a tire processing facility shall submit to the Division of Environmental Quality an annual report by June 30 that summarizes information on the activities of the tire processing facility. (b) The report shall be submi…

8 CAR § 64-1513. Closure plan. (a) All site-specific permits shall include a closure plan. (b) The closure plan shall include: (1) A written description of how the closure requirements will be met; (2) A closure schedule, including time period for completion; (3) A plan for site …

8 CAR § 64-1514. Closure approval. (a)(1) After receiving written notification that site closure is complete, the Division of Environmental Quality shall inspect the site. (2) If the closure is found to meet the terms of the approved closure plan and rules, the division shall app…

8 CAR § 64-1515. Financial assurance. (a)(1) Owners or operators of used tire processing facilities must file and maintain financial assurance of closure with the Division of Environmental Quality as set forth in Solid Waste Management Rules, 8 CAR pt. 60. (2) Owners or operators…

8 CAR § 64-1601. Repealer. All rules and parts of rules currently promulgated by the Arkansas Pollution Control and Ecology Commission that are in conflict with this part are repealed to the extent of the conflict.