ECAR Fact Sheet for North Dakota
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

Scrap tires provide convenient habitats for rodents. They hold water and become excellent breeding grounds for mosquitoes that carry diseases. Improperly stored tires present a fire hazard. They trap oxygen that will constantly feed the flames which emit noxious, air polluting smoke. When tires are illegally burned, oils and soot can run off and contaminate both surface and ground water.

This fact sheet will help you manage the tires stored at your facility and how to dispose of them properly.

The North Dakota Department of Health, Division of Waste Management (the Department) has prepared guidance documents to help auto recyclers manage scrap tires. Much of that information is included in the fact sheet below. You can access the scrap tire guidance links under Other Relevant Resources.

Regulations

In North Dakota, generators are responsible for the storage, transportation, and proper disposal of scrap tires.

Permit Requirements. Tire dealers are eligible for a Permit-by-Rule to store a small amount of scrap tires while accumulating a load for transport to a recycling disposal or reuse facility. The Permit-by- Rule allows storage of either up to 1,300 scrap tires, 25 tons of shredded tires, or a pile of scrap tires equivalent in volume to a semi-trailer load, with the following conditions:

• The storage area must not create a public nuisance.
• Access to the storage area must be controlled.
• The storage area must be accessible to fire control equipment.
• Funds must be set aside for disposing or recycling the stored scrap tires.

Storage of larger quantities of scrap tires requires a permit. Contact the North Dakota Department of Health NDDH) for more information on the Permit-by-Rule provisions. The Permit-by-Rule form is listed below under "Other Relevant Resources."

Storage Requirements. The storage area must not create a public nuisance. Access to the storage area must be controlled. The storage area must be accessible to fire control equipment.

Disposal. It is advised that you transport scrap tires to an end-user who will process, recycle and/or dispose the materials in a manner that complies with the laws of the North Dakota, or the governmental jurisdiction having authority over waste management activities. For a current list of acceptable disposal facilities, contact the North Dakota Department of Health.

Transporter Requirements. Commercial businesses collecting and hauling scrap tires must have a waste hauler's permit issued by the NDDH. Tires may not be delivered to a facility that is not in compliance with the state rules, or abandoned upon any street, alley, highway, public place or private premises. Anyone hauling scrap tires to unapproved disposal sites could be subject to enforcement action. In fact, some generators have been required to retrieve tires from persons paid to manage their waste because it was never managed properly.

If scrap tires are taken to a location that comes under enforcement action, generators may be liable for cleanup costs. To reduce liability, you are urged to deal only with companies that properly manage wastes.

Links to the Regulations. Use the following links to view the regulations pertaining to waste tire management.

North Dakota's Scrap Tire Regulations

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.

1. Are you required to have a permit? If you follow the Permit-by-Rule and the prescribed storage requirements, you are not required to obtain a permit.
2. How many tires are stored? If you store more than 1,300 scrap tires, 24 tons of shredded tires, or a pile of scrap tires equivalent in volume to a semi-trailer load, you will be required to obtain a permit.
3. Are you following scrap tire transport requirements? Commercial businesses collecting and hauling scrap tires must have a waste hauler's permit. Do not deliver tires to a facility that is not in compliance with state rules.

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.

• Store as few waste tires as possible at your facility.
• Schedule regular pickup for waste tires.
• Keep tires stored indoors, if possible, or keep tire piles covered in order to prevent entrapment of water.
• If waste tires cannot be processed in a timely manner, leave waste tires on the rims to avoid problems with mosquitoes until the waste tires can be managed properly.
• Do not burn or bury waste tires.

Contacts

1. For more information, contact the North Dakota Department of Health,
   Environmental Health Section Division of Waste Management at 701-328-5166.
2. To report a spill or leak, call the Division of Emergency Management’s 24-hour number at
   800-472-2121, or 800-773-3259 (normal business hours), and if necessary, the National Response Center at 800-424-8802. For calls originating outside of North Dakota, call
   701-328-8100 (normal business hours), or 701-328-9921 (weekends and non-business hours).
3. To report an environmental incident or complaint, contact the Division of Waste Management or file an online incident report.

Related ECAR Fact Sheets

None.

Other Relevant Resources

1. North Dakota - Scrap Tire Guidance Document
2. North Dakota - Permit-By-Rule Notification Form
3. North Dakota - Automotive Fluids Use, Storage & Disposal

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