Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 3. Minimum Standards for Solid Waste Handling and Disposal

Article 5.4. Waste Tire Monofill Regulatory Requirements

Section 17346. Authority and Scope.
(a) This Article sets forth permitting requirements and minimum operating standards for facilities that operate a waste tire monofill as defined in Section 17346.1 of this Article.

(b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (the Act) commencing with Section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act.

(c) Nothing in this Article limits or restricts the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict cities or counties from promulgating laws which are at least as strict as the regulations contained in this Article. However, no city of county may promulgate laws which are inconsistent with the provisions of this Article.

(d) Nothing in this Article shall be construed as relieving any owner or operator from obtaining all required permits, licenses, or other clearances complying with all orders, laws, regulations, or other requirements of the other regulatory or enforcement agencies, including, but not limited to, local health agencies, the Regional Water Quality Control Board, the Department of Toxic Substances Control, air quality management district or air pollution control district, local land use authorities, and fire authorities.

(e) These regulations are intended to provide a sufficient level of information and oversight to ensure that the disposal of waste tires will be conducted in a manner which meets the purposes of the Act, as specified in Public Resources Code Section 40052, while protecting the public health, safety and the environment.

(f) For the purposes of this Article and Article 5.5 of this Chapter, disposal and storage of waste tires does not include the beneficial reuse of waste tires as the Board may determine on a case-by-case basis.

(1) Beneficial reuse of altered tires is permitted provided the beneficial use does not pose a threat to public health, safety and the environment.

(2) In order to qualify as a beneficial use, the proposed use must employ one or more of the engineering properties of waste tires and provide equal or superior performance or lower cost relative to conventional technologies and the proposed use must be approved in writing by a registered civil engineer.

(3) An application to determine if a project is considered a beneficial reuse must be made in writing to the EA and the Board. The EA and the Board will evaluate the proposed project under the criteria set forth in subsections 17346(f)(1) and (2) and will independently determine and notify the applicant whether the proposed project constitutes a beneficial reuse of altered waste tires within ninety (90) days from their receipt of the application.

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 40052, 43020, 43021, and 42808 of the Public Resources Code.

Section 17346.1. Definitions.
For the purposes of this Article: Unless the context requires another construction, the definitions set forth in this Article and in Division 30 of the Public Resources Code shall govern the construction of this Article. Certain of the definitions in Division 30 are interpreted herein for the purposes of this Article. The definitions set fort in Title 14, California Code of Regulations, Division 7, Chapter 3, Article 4.1 do not apply to this Article 5.4.

(a) "Air District" means Air Pollution Control District or Air Quality Management District.

(b) "Altered Waste Tire" means a waste tire that has been baled, shredded, chopped or split apart. "Altered waste tire" does not mean crumb rubber.

(c) "Cell" means that portion of compacted waste tires in a waste tire monofill that is enclosed by cover material during a designated period.

(d) "Local Fire Control Authority" means the public agency responsible for fire prevention and fire suppression for the area where a waste tire monofill facility is located or is proposed to be located.

(e) "Operator" means the person responsible for the overall operation of a waste tire monofill facility or the owner if there is no operator.

(f) "Owner" means a person who owns, in whole or in part, a waste tire monofill facility, the tires located at a waste tire monofill facility, or the land on which a waste tire monofill facility is located.

(g) "Rubber fines" are small particles of ground rubber that result as a by-product of producing shredded rubber.

(h) "RWQCB" means the Regional Water Quality Control Board.

(i) "Uncontaminated Waste Tires" mean waste tires that are not hazardous waste, as defined in Title 22, California Code of Regulations Sections 66260.10 and 66261.3.

(j) "Waste Tire Monofill" means a discrete unit, as defined in Title 27, California Code of Regulations, Section 20164, for disposal of only uncontaminated waste tires together with cover.

(k) "Waste tire monofill facility" means a solid waste facility that has or will have one or more waste tire monofills and that may handle waste tires for the purposes of disposal to a waste tire monofill or mining for recovery of waste tires from a waste tire monofill.

Note:

Authority cited:
Sections 40502, 43020, and 43021 of the Public Resources Code.

Reference:
Sections 40052, 40160, 42801.5, 42804, 42805, 43020 and 43021 of the Public Resources Code.

Section 17346.2. Regulatory Tier for Waste Tire Monofill Facilities.
(a) All Waste Tire Monofill Facilities shall obtain a Full Solid Waste Facilities Permit as set forth in Title 27, California Code of Regulations Sections 21563-21686, but excluding 21565.

(b) Except as expressly provided otherwise in this Article 5.4, all waste tire monofills shall comply with those provisions of the California Integrated Waste Management Act of 1989 (the Act), commencing with Public Resources Code Section 40000, and regulations promulgated pursuant to the Act which apply to solid waste landfills.

Note:

Section 17346.3. Applicability of State Minimum Standards.
(a) Operating Criteria. All waste tire monofills shall comply with the operating criteria set forth in Title 27, California Code of Regulations, Division 2, Chapter 3, Subchapter 4, commencing with Sections 20510, except the following:

(1) Section 20680. Daily Cover
(2) Section 20690. Alternative Daily Cover
(3) Section 20695. Cover Performance Standards
(4) Section 20700. Intermediate Cover

(b) Additional Operating Requirements for Waste Tire Monofills. In addition to the requirements set forth in (a) above, all waste tire monofills shall adhere to the following tire monofill standards:

(1) Waste tire monofill facilities shall comply with Title 14, California Code of Regulations, Division 7, Chapter 3, Article 5.5 and with Title 14, California Code of Regulations, Division 7, Chapter 6, Article 8.5.

(2) Waste tires disposed in a waste tire monofill shall be altered waste tires or shall be otherwise permanently reduced in volume prior to disposal in a manner approved by the EA and the Board on a case-by-case basis. Waste tires disposed in a tire monofill shall also comply with the following specifications, unless alternative specifications are approved pursuant to subsection (b)(10):

(A) Tire pieces passing a 3 inch (76 mm) square mesh sieve shall be limited to a maximum of 50% by weight and tire pieces passing a 1.5 inch (38 mm) square mesh sieve shall be limited to a maximum of 25% by weight in the waste tire monofill to limit the potential for internal heating.

(B) The waste tire monofill shall contain less than 1% by weight of tire particles small enough to pass through a no. 4 (4.75 mm) sieve.

(C) The waste tire monofill shall contain no more than 5% altered tires having metal fragments that protrude more than 2 inches (51 mm) from the cut edges.

(D) Disposal of any material other than waste tires and cover is prohibited.

(E) Disposal of remains of tires that have been subjected to fire shall be prohibited.

(F) Disposal of factory-reject tire carcasses that have been only partially vulcanized shall be prohibited.

(G) Disposal of rubber fines shall be restricted to a separate area of the monofill as a discrete cell that is isolated from altered waste tire fill cells and mixed completely with an equal volume of cover during the filling operations.

(H) In the top 12-inch layer of altered waste tires, a minimum of 90 percent (by weight) of the altered waste tires shall have a maximum dimension, measured in any direction, of 12 inches (305 mm) and 100 percent of the altered waste tires shall have a maximum dimension, measured in any direction, of 18 inches (457 mm).

(3) Representative samples of altered waste tires to be disposed in a waste tire monofill shall be collected and analyzed for gradation and protruding wire on a monthly basis, or less frequently if approved by the EA and the Board, to ensure compliance with subsections 17346.3(b)(2)(A), (B), and (C). Representative samples of cover to be disposed or utilized at a waste tire monofill shall be tested to ascertain compliance with the limitation on organic matter set forth in subsection 17346.3(b)(5) of this Article 5.4. Records of the results of these samples shall be maintained in the records required by Section 17346.4 of this Article 5.4.

(4) The last lift of altered waste tires disposed in a waste tire monofill shall be compacted to provide a flat and stable surface.

(5) Waste tire monofill cells shall not exceed a maximum depth of 20 feet (6 m), and a maximum cell area of 12,500 square feet (1,161 square meters). A minimum distance of 2 feet shall be maintained between tire shreds in adjacent cells. Intermediate cover shall be placed to wholly encapsulate each monofill cell. Intermediate cover shall consist of soil with less than 5% organic matter as determined by a loss of ignition test (ASTM D 2974-00) and compacted to the maximum density obtainable at optimum moisture content, plus or minus 3 percent, to obtain a stable surface, using methods that are in accordance with accepted engineering practice.

(6) The active face of not more than two (2) cells shall be uncovered at any given time within a waste tire monofill facility.

(7) A minimum of 6 inches (152 mm) of cover shall be placed over the entire working face at the end of each operating day if: (A) the working face is to remain open and inactive for longer that 24 hours; or (B) when there is precipitation. The cover shall consist of the same material used as intermediate cover.

(8) If more than one waste tire monofill cell is stacked verically, temperature sensors shall be installed within the underlying cells to monitor cell temperatures. The operator shall submit a plan that sets forth the location and frequency of sensor placement for approval by the EA and the CIWMB. In addition, a fire prevention plan shall be in place to address any zones, which experience sustained elevated temperatures to reduce temperatures to safe levels. Both plans shall be made part of the Fire Prevention, Control and Mitigation Plan, which is defined in Section 17346.5(b)(1). Records of these results of elevated temperature shall be maintained in the records required by Section 17346.4 of this Article 5.4.

(9) An adequate stockpile of cover and equipment, as required and approved by the EA and the Board, shall be available in the event of fire to insure a cover of a minimum depth of 3 feet on all waste tires, crumb rubber and rubber fines at the waste tire monofill facility exposed to the atmosphere.

(10) The operator may propose to the EA and the Board alternative operating criteria to those specified in subsections 17346.3(b)(2) through (b)(9) together with information supporting the proposal. The EA and the Board may approve such alternative criteria only if the EA and the Board determine that the alternative criteria protect the public health and safety and the environment at least as effectively as the criteria specified in subsections 17346.3(b)(2) through (b)(9).

(11) Any mining of excavation of waste tires from a waste tire monofill shall be in accordance with a site-specific excavation and materials management plan approved by the EA and the Board.

(12) For the purposes of this Article, in addition to the requirements of Title 27, California Code of Regulations, Section 20610 (Training), site personnel shall be trained in fire safety, prevention and suppression.

Note:

Section 17346.4. Waste Tire Monofill Facility Records.
(a) In addition to the requirements set forth in Title 27, California Code of Regulations, Section 20510, waste tire monofills shall record the following information and maintain it with other facility records:

(1) Results from temperature sensor monitoring required by this Article 5.4, subsection 17346.3(b)(8).

(2) Results from the sampling of altered waste tires as required by this Article 5.4, subsection 17346.3(b)(3).

(3) Results from load checking program as required by Title 27, California Code of Regulations, Section 20870.

(4) Waste Tire Hauler Manifests as required by Title 14, California Code of Regulations, Section 18459.3.

(5) Results from the loss of ignition test (ASTM D 2974-00) for cover as required by this Article 5.4, subsection 17346.3(b)(3).

(6) Any additional records required as part of  the terms and conditions of the Full Solid Waste Facilities Permit.

(b) Notwithstanding subsection 17346.4(a), for the purposes of this Article, the requirements of Title 27, California Code of Regulations, subsection 20515(a)(6)-(MSWLF Unit Records) shall not apply to waste tire monofills.

Note:

Section 17346.5. Report of Facility Information for Waste Tire Monofill Facilities.
(a) Each operator of a waste tire monofill facility must file with the EA a Report of Disposal Site Information (RDSI) as required by Title 27, California Code of Regulations, Sections 21590 & 21600.

(b) In addition to the RDSI requirements set forth in Title 27, California Code of Regulations, Sections 21590 & 21600, the RDSI shall include the following:

(1) A Fire Prevention, Control and Mitigation Plan which describes the measures the operator will take to: prevent tires from igniting, control and suppress the tire fire if it occurs, and mitigate the environmental impacts created by the tire fire at the waste tire monofill and by extinguishing the fire. The operator of a waste tire monofill facility shall specify the time frames under which any contaminated liquids generated as a result of any tire fire will be contained and removed and remedial actions will be implemented. Prior to Board concurrence in a permit, the time frames must be approved by the Board.

(2) Written evidence that the operator has submitted the Fire Prevention, Control and Mitigation Plan to the Local Fire Control Authority.

(3) Written evidence that the applicable Local Fire Control Authority has determined that the waste tire monofill facility, as described in the RDSI, complies with all fire prevention, fire suppression, and other requirements applicable to such facilities within the jurisdiction of the Local Fire Control Authority.

Note:

Section 17346.6. Design and Construction Standards.
(a) The waste tire monofill shall be constructed in accordance with design plans and specifications prepared, signed, and stamped by a civil engineer registered by the State of California, pursuant to Section 6762 of the Business and Professions Code.

(b) As specified in Section 17346.5 of this Article, operators of waste tire monofills shall prepare a Fire Prevention, Control and Mitigation Plan. As part of this plan, an emergency containment system that limits the flow of any contaminated liquids resulting from a fire in the tire monofill must be provided. The emergency containment system must contain any contaminated liquids resulting from a fire in the waste tire monofill and fire suppression for a period consistent with the implementation of the Fire Prevention, Control and Mitigation Plan. The emergency containment system may be the existing natural geologic condition or may be constructed (utilizing clay or composite material together with a protective operations layer). The emergency containment system shall also include a collection system to remove any contaminated liquid that accumulates within the monofill in the event of a fire within or proximate to the tire monofill. The emergency containment system must be able to withstand breaching or rupture due to temperatures and other conditions that may result from a fire within the tire monofill and from activities undertaken to extinguish a fire within the tire monofill or to remediate any hazard or risk of hazard to the public health and safety or the environment due to a fire within the tire monofill.

(c) Waste tire monofills shall be designed and constructed to minimize water from entering or accumulating in fill areas, or ponding on cells. Storm water may be temporarily collected in lined dewatering sumps that are located on the cells. The design and construction of the tire monofill must allow for the removal of storm water and water that accumulates in the monofill as quickly as necessary to minimize the risk of fire within the monofill, as determined by the EA and the Board.

(d) The operator of a waste tire monofill shall implement a construction quality assurance (CQA) program to ensure compliance with the above requirements.

Note:

Section 17346.7. Siting Criteria.
(a) Waste tire monofill facilities shall not be sited in an area subject to inundation or washout due to floods with a 100-year return period.

(b) Waste tire monofills shall meet seismic design criteria for Class III units as set forth in Title 27, California Code of Regulations, Section 20370.

Note:

Section 17347. Closure and Postclosure Maintenance Criteria.
(a) All waste tire monofills shall comply with the requirements set forth in Title 27, California Code of Regulations, Division 2, Chapter 3, Subchapter 5, Article 2, commencing with Section 21090.

(b) Notwithstanding subsection 17347(a) above, the operator may propose to the EA and the Board alternative closure and postclosure maintenance criteria to those specified in subsection (a), together with information supporting the proposal. The EA and the Board may approve such alternative criteria only if the EA and the Board determine that the alternative criteria protect the public health and safety and the environment at least as effectively as the criteria specified in subsection 17347(a).

Note:

Section 17347.1. Closure and Postclosure Maintenance Plans.
All waste tire monofills shall comply with the requirements set forth in Title 27, California Code of Regulations, Chapter 4, Subchapter 4, commencing with Section 21769.

Note:

Section 17348. Corrective Action Criteria.
As part of the facility closure plan, the operator of a waste tire monofill shall establish corrective action procedures that include detecting, characterizing and responding to unpermitted discharges of solid waste to land, the detection of elevated subsurface temperatures and the mitigation of any fire at the facility. The corrective action procedures shall also include an estimated cost to initiate and complete the corrective action for all known and reasonably foreseeable releases from the waste tire monofill.

Note:

Section 17349. Financial Assurances for Closure, Postclosure Maintenance, Corrective Action and Operating Liability.
All waste tire monofills shall comply with the requirements set forth in Title 27, California Code of Regulations, Division 2, Chapter 6 commencing with Section 22200.

Note:

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