The Materials Management Division within the Michigan Department of Environment, Great Lakes, and Energy (EGLE) has the responsibility for reviewing annual applications for registration of scrap tire haulers under the authority of Part 169 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The purpose of the registration is to identify scrap tire haulers to enable EGLE to ensure that scrap tires are only taken to facilities that store, dispose of, or use the tires in a manner that protects the public health, the environment, and the public trust.
NAME OF PERMIT OR APPROVAL: Scrap Tire Hauler Registration Application Form (EQP 5133).
STATUTORY AUTHORITY: Part 169, Scrap Tires, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended (Part 169).
APPLICABLE REGULATION: Part 169, Section 16905.
SUMMARY OF REGISTRATION PROCESS:
Applicability (activities that require the permit): Any person who transports scrap tires as part of a commercial business. A person who transports more than ten scrap tires in any truck load shall be considered to be in the commercial business of transporting scrap tires.
Pre-Application Requirements: A scrap tire hauler must comply with all requirements of Part 169. Persons contracting or arranging for the removal of scrap tires shall only use a registered scrap tire hauler who, by contract, agreement, or otherwise, is obligated to deliver the scrap tires to the legal destination identified on the scrap tire transportation record (manifest).
Application Submission Requirements: Annual submittal by January 31 of each year on a form provided by EGLE, containing all the information required by EGLE. Annual submittal to EGLE of documentation indicating that the hauler is currently bonded as required by Part 169.
Procedures and Time-Frame for Obtaining Registration: Submittal of required registration information on a form(s) provided by EGLE. Submittal is to be made to the Materials Management Division of EGLE by January 31 of each year.
Operational Requirements: Maintain a scrap tire transportation record (manifest) of each load of scrap tires transported. EQP 5128 and EQP 5128a are the only scrap tire transportation record (manifest) forms approved for use by EGLE. Provide a copy of the record to the person contracting for the removal of scrap tires and to the registered scrap tire collection site, licensed landfill, end-user, processor, retailer, or recycler when the tires are delivered. Have in their possession a copy of their current, unexpired registration form and the original copy of the manifest record covering the load being transported. Have the current registration number issued by EGLE visibly displayed on the transporting vehicle. Only dispose of scrap tires at the site identified on the manifest record. Provide a copy of the manifest signed by the receiving facility back to the person contracting for removal.
Fees: None, but a $10,000 bond in favor of EGLE must be maintained.
Appeal Process: No formal appeal process. However, the right to a contested case hearing can be created when an agency seeks to modify or terminate an existing license or entitlement. MCL 24.201 et seq.
Public Input Opportunities: The decision-maker in this process is the Supervisor of the Solid Waste Section. Complaints or comments related to a hauler may be filed with EGLE at any time. The complaints are investigated and if they are validated through a finding of a violation then this would be considered in the decision-making process. EGLE maintains a list of registered facilities.
ADMINISTERING AGENCY: Materials Management Division, Michigan Department of Environment, Great Lakes, and Energy, P.O. Box 30241, Lansing, Michigan 48909-7741.