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ECAR
Fact Sheet for
Kansas
Waste Tires

Regulations
Self-Audit Checklist
Best Management Practices
Contacts
Related ECAR Fact Sheets
Other Relevant Resources
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The
following fact sheet was prepared by the ECAR Center staff. Once
prepared, each ECAR Center fact sheet undergoes a review process
with the applicable state environmental agency(ies). You can check
on the status of the review process here.
Please read the disclaimer on the status page. While we have tried
to present a summary of the essential information on this topic,
you should be aware that other items, such as local regulations,
may apply to you.
What You Need to Know
Waste tires present two unique pollution
and public safety concerns, the potential for fires, and the possibility
of providing a breeding ground for disease-carrying mosquitoes and
rodents. Although waste tires do not ignite easily, once on fire,
they burn very hot and are difficult to extinguish. Extinguishing
methods are costly and can produce an oil runoff that can pollute
soil and nearby surface and groundwater. If improperly stored, tires
may collect rainwater, which can create an ideal breeding ground for mosquitoes.
Regulations
The
state of Kansas has very strict waste tire regulations if you fall
within their permitting requirements. Listed below are the permit
exemptions. As an auto recycler, you may very well meet one of these
exemptions and not be required to have a permit.
Keep
in mind however, that if you sell any amount of tires, even one
tire, you are considered a tire retailer and all permit requirements
apply.
Permit
Requirements/Exemptions. The state of Kansas requires an annual
permit for mobile waste tire processors, waste tire processing facilities,
waste tire transporters and waste tire collection centers. You are
not required to obtain a permit if you are:
- A business
that, in the ordinary course of business, removes tires from
motor vehicles where fewer than 1,500 of these tires are kept
on the business premises.
- A
tire retreading business where fewer than 1,500 waste tires
are kept on the business premises.
- A
retail tire-selling business where fewer than 1,500 waste tires
are kept on the business premises
- If
fewer than 1,500 used tires are kept on the premises, or 1,500
or more used tires are kept on the premises, and if the owner
demonstrates through sales and inventory records that such tires
have value.
- You
may act as a waste tire transporter but not have to obtain a
waste tire transporter permit if you transport:
- Waste
tires mixed with other municipal solid waste;
- Fewer
than five waste tires for lawful disposal;
- Waste
tires generated by the business, farming activities of the
person or the person's employer;
- Waste
tires for a beneficial use approved by the state;
- Waste
tires from an illegal waste tire accumulation to a permitted
person
- Five
to 50 waste tires for lawful disposal, provided the transportation
act is a one time occurrence to abate a legal accumulation
of waste tires; or
- A
tire retailer that in the ordinary course of business also serves
as a tire wholesaler to other tire retailers may act as a waste
tire transporter to transport waste tires from those retailers
back to a central location owned or operated by the wholesaler
for consolidation and final disposal or recycling.
Indoor Waste Tire Storage. Indoor
waste tire storage must comply with the Standard for Storage
of Rubber Tires, NFPA 231D, edition 1994, published by the National
Fire Protection Association.
Outdoor
Waste Tire Storage. The owner or operator of each site that contains a waste tire, used tire or
new tire accumulation of any size must control mosquito breeding
and other disease vectors.
If you do not sell new or used tires
and you are not a permitted tire collection center, your tire storage
piles must not exceed 50 tires. A pile of more than 50 waste
tires is considered an illegal tire pile. If you crush vehicles
at your salvage yard, it is acceptable practice to place up to four
used tires in each vehicle prior to crushing.
If you sell new or used tires, you
are considered to be a tire retailer and must meet Kansas used-tire
storage standards if you store more than 500 used tires outdoors
for more than 30 days. These standards, which are also good management
practices for any tire piles, are as follows (management standards for outdoor accumulations of
waste tires shall not apply to waste tires stored in trailers or
covered containers):
- Locate tire piles outside of wetlands and 10-year
flood plains.
- Store tires on racks, on tread, or by ricking.
- Limit the tire to 50 feet in width, 5,000 square
feet in area, and 10 feet in height.
- Control mosquitoes and rodents.
- Between March 1 and November 1, drain, process,
or treat the tires with pesticide for mosquito control.
If you are a tire retailer and store
more than 1,500 used tires outdoors for more than 30 days, you must
meet the following additional standards:
- Tire piles must be located at least 60 feet from
each building.
- Develop a 50-foot-wide fire line around each
tire pile.
- Demonstrate to KDHE that fire-fighting equipment
can reach each pile.
- Prohibit open flames and smoking within 25 feet
of each pile.
- Maintain vegetation within 100 feet of each pile
to minimize fire hazards.
Transporting Waste Tires. You may self-transport four or less
waste tires without a permit. If you transport more than four waste
tires, you must apply for a
waste tire transporter permit and renew it annually.
As a waste tire transporter, you must display a current
waste tire transporter permit in each vehicle that transports waste
tires, and maintain financial assurance as required by state law.
Financial assurance amounts depend on the number of passenger tire
equivalents (PTEs) transported.
Each waste tire transporter permittee is required to submit
an annual report that details their monthly activities. This information
will include the number of waste tires collected, the name and location
from which the waste tires were collected, and the name and location
at which the waste tires were deposited. This information must be
kept on file for at least three years.
Waste Tire Transporter Exemption. You may act as a waste tire transporter
but not have to obtain a waste tire transporter permit if you transport:
- Waste
tires mixed with other municipal solid waste;
- Fewer
than five waste tires for lawful disposal;
- Waste
tires generated by the business, farming activities of the person
or the person's employer;
- Waste
tires for a beneficial use approved by the state;
- Waste
tires from an illegal waste tire accumulation to a permitted
person; or
- Five
to 50 waste tires for lawful disposal, provided the transportation
act is a one-time occurrence to abate a legal accumulation
of waste tires.
Disposal. You may dispose of waste tires under any of the following
conditions:
- Waste tires are processed in accordance with all applicable requirements
and are disposed of in a tire monofill or a municipal solid waste
landfill (MSWLF).
- Contaminated waste tires are disposed of in a tire monofill or a MSWLF.
- Waste tires are used in their original state are part of an approved leachate
collection system in a landfill.
- Waste tires are cut into sufficiently small parts and used as alternate
daily cover in a landfill.
You may burn or incinerate waste tires under the following
conditions:
- You
obtain a waste processor permit from KDHE.
- The
burning/incinerating/combustion is in compliance with applicable
state air quality laws.
- All
residue is disposed of at a permitted landfill or through recycling.
Links
to the Regulations and Forms. Use the following links to view the regulations pertaining to waste tire
management.
Kansas Waste Tire Management
Requirements (KAR 28-29-28 to 28-29-33)
Kansas Waste Tire
Permit and Standards Requirements (KSA 65-3424b)
Self-Audit
Checklist
When
an inspector comes to your facility, there are certain things they
check to see if you are in compliance with environmental regulations.
It makes good sense for you to perform a "self-audit"
and catch and correct problems before they result in penalties.
Also, there are some compliance incentives associated with self-audits
(see Audit Policy Page).
Use
the following list to audit your waste tire storage areas and management
procedures.
- Are you keeping accurate records?
Keep five years worth of records (customer/transporter/processor/disposal
site/beneficial use).
- Are your waste tires being transporter by permitted
haulers? Arrange/hire a permitted waste tire hauler for
transportation/disposal (unless only five or fewer waste tires
are transported).
- Are you properly displaying required information
about waste tires? Educational materials provided
by KDHE must displayed or made available to the public.
- Are you meeting waste tire storage requirements?
Ensure your indoor storage of waste tires meets National
Fire Protection Association requirements, and that your outdoor
waste tire storage meets state requirements.
Best
Management Practices (BMPs)
Most
regulations tell you what you have to do to be in compliance, but
they don’t explain how to do it. That’s where "best management
practices" come into play. BMPs are proven methods that
help you to get into compliance and stay there. The following BMPs
are recommended for waste tire storage areas and management procedures.
- Count the number of waste tires to be hauled
before the hauler loads them.
- Keep as few waste tires as possible.
- Schedule for regular transports.
- Keep detailed records including beneficial use
recipients/projects.
- Make sure the waste tire permit is appropriate
for the service provided.
Contacts
- For more information, contact the toll-free hotline for waste tire laws and regulations at 1-866-8KS-TIRE
(1-866-857-8473).
- To report a spill or leak, contact the KDHE 24-hour hotline at 785-296-1679.
- To report an environmental incident
or complaint, contact the nearest regional
office.
Related
ECAR Fact Sheets
None.
Other
Relevant Resources
- Kansas
Waste Tire Guidance Document
- Kansas Waste Tire
Website
- Kansas – Permitted Waste Tire Transporters
- Kansas Waste
Tire Transporter Permit Application
- Environmental help available to Kansas salvage Yards
- Frequently asked questions from salvage Yards operators
- Pollution Prevention for Auto Salvage Yards
- More frequently asked questions from salvage Yards
- Change Your Approach to Waste and Improve Your Profits
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