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) The owner or operator of any waste tire site shall provide the Division of Environmental Quality and the applicable regional solid waste management district with: (A) Information concerning the waste tire site's location and size and the approximate number of tires that are accumulated at the waste tire site; and (B) A written plan specifying a method and time schedule, subject to approval by the division, for the removal, disposal, or recycling of the tires. (2) The owner or operator shall implement a written plan approved by the division according to the written plan's schedule. (b) A person shall not cause or permit the open burning of tires in the state. (c)(1) A person shall not maintain a waste tire site. (2) It is illegal for any person to dispose of tires or portions of tires in the state unless the tires or portions of tires are disposed of for processing or collected for processing at a permitted tire processing facility, a tire collection center, or a permitted solid waste disposal facility. (3)(A) Unless otherwise provided by law or rule, whole tires shall not be deposited into a landfill or a waste tire monofill as a method of final disposal unless shredded or split into sufficiently small parts to assure their proper disposal. (B) Unless otherwise provided by law or rule, only small tires that have been processed by cutting, shredding, or splitting into sufficiently small parts to assure proper disposal or small tires processed by baling may be disposed of at a disposal site that has a permit issued for a landfill designed and operated as a waste tire monofill. (C) 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 division; (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, owns, or otherwise controls real property may use tires in compliance with procedures approved by and rules promulgated by the Arkansas Pollution Control and Ecology Commission and procedures approved by each district: (A) For soil erosion abatement and drainage purposes; or (B) To secure covers over silage, hay, straw, or agricultural products. (d) A tire processing facility permit or tire collection center permit, or both, is required for: (1) A tire retreading business where tires are kept on any real property owned, leased, or otherwise controlled by the tire retreading business; (2) A person that in the ordinary course of business removes tires from rims and the tires removed from rims are stored on any real property owned, leased, or otherwise controlled by the person; or (3) A tire retailer that is serving as a tire collection center if recyclable tires, waste tires, or used tires culled for resale are kept on any real property owned, leased, or otherwise controlled by the tire retailer. (e)(1) If disposed in the state, waste tires originating from a tire manufacturer shall be disposed of at a permitted tire collection center or a permitted tire processing facility for a fee to be established by the permitted tire collection center or permitted tire processing facility. (2) Records of the disposition of the waste tires originating from a tire manufacturer shall be maintained by that tire manufacturer for a period of at least three (3) years and shall be available for review by the division.