Section 299.160. Hazard prevention

(a) Persons or municipalities storing whole and processed waste tires shall design, construct, maintain and operate the storage site to prevent and minimize the potential for fire, explosion or release of solid waste constituents to the air, water or soil of this Commonwealth or threaten public health or safety, public welfare or the environment.

(b) A person or municipality may not cause or allow the open burning of whole and processed waste tires.

(c) Each person or municipality storing whole and processed waste tires shall have available in proper working condition equipment that will control, contain and suppress fires or other hazards. The equipment shall include the following at the storage site unless otherwise approved by the Department in writing:

(1) An internal communications or alarm system capable of providing immediate emergency instructions by voice or signal to facility personnel.

(2) A communications system capable of summoning emergency assistance from local police, fire Departments, emergency medical services, and from State and local emergency response agencies.

(3) Portable fire extinguishers and suitable fire control equipment.

(4) Available water, at sufficient volume and pressure and suitable foam agent (3%—6% mixture) and application equipment at the storage site (or an agreement with the local fire Department to provide the equipment) to temporarily contain a fire at the facility until emergency personnel arrive.

(5) Equipment sufficient in size and design to provide timely movement of tires and tire derived materials in case of an emergency.

(6) For indoor tire storage, an active fire suppression system in the building.

(d) The operator of a waste tire storage site shall immediately implement the applicable provisions of the Preparedness, Prevention and Contingency (PPC) plan if there is a fire or other event that threatens public health, safety, welfare or the environment or threatens personal injury. In addition, the operator shall immediately:

(1) Assess actual or potential hazards to public health, safety, welfare or the environment that are occurring or may occur.

(2) Ensure that fires or other hazards do not occur, reoccur or spread to other solid waste at the storage site.

(3) Telephone the Department and county emergency management agency and report the following information:

(i) The name of the person reporting the incident and telephone number where that person can be reached.

(ii) The name and address of the storage site.

(iii) The date, time and location of the fire or other event that threatens the public health, safety, welfare or the environment.

(iv) A brief description of the event being reported, the type of solid waste involved and what dangers to public health, safety, welfare or the environment exist or may occur.

(v) The nature of any injuries.

(vi) Parts of the PPC plan being implemented to alleviate the situation.

(3) After a fire or other emergency, the operator of a waste tire storage site shall:

(i) Remediate the area affected by the emergency and treat, store or dispose of recovered solid waste, contaminated soil, contaminated water or other material in a manner approved by the Department.

(ii) Prevent disposal, processing, storage or treatment of solid waste in the area affected by the emergency until the operator has remediated the area, and the Department has inspected and approved the remediation.

The provisions of this § 299.160 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.

Notation

Cross References

This section cited in 25 Pa. Code § 299.101 (relating to scope); 25 Pa. Code § 299.155 (relating to storage of whole and processed waste tires); and 25 Pa. Code § 299.156 (relating to notice by waste tire storage sites operators).