Scrap Tire Generator Toolkit

March 2019,

updated October 2023

Division of Materials and Waste Management

A guide for Ohio EPA’s partners that provides resources to

educate scrap tire generators on their regulatory requirements

and informs about tire removal assistance.

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SECTION 1. WHY CREATE A SCRAP TIRE GENERATOR TOOLKIT? ............................................. 4

SECTION 2. GUIDANCE DOCUMENTS .................................................................................... 6

2.1 “Scrap Tire Generator” .......................................................................................................................... 6

2.2 “Retail Tire Dealer: Why is Scrap Tire Management Important? ......................................................... 7

2.3 “Scrap Tire Transporter” ........................................................................................................................ 7

SECTION 3. PALM CARDS ....................................................................................................... 8

3.1 “Managing Scrap Tires – What everyone should know” ....................................................................... 8

3.2 “Managing Scrap Tires – What Retailers Should Know” .......................................................................... 8

3.3 “Managing Scrap Tires – What Transporters Should Know” .................................................................... 9

SECTION 4. TEMPLATE LETTER FOR RETAIL TIRE BUSINESSES ................................................. 10

SECTION 5. SCRAP TIRE MANAGEMENT REQUIREMENTS FOR BUSINESSES TABLE AND

INSPECTION CHECKLIST ........................................................................................................ 11

SECTION 6. SHIPPING PAPERS ............................................................................................... 12

SECTION 7. POSTERS ............................................................................................................ 13

7.1 POSTER - CONSEQUENCES OF OPEN DUMPING SCRAP TIRES ............................................................... 13

7.2 POSTER - HEALTH THREAT ASSOCIATED WITH OPEN DUMPING ......................................................... 13

SECTION 8. METRICS ............................................................................................................. 14

SECTION 9. ENFORCEMENT AND TIRE REMOVAL RESOURCES FOR PARTNERS. ....................... 15

9.1 GUIDANCE DOCUMENTS ....................................................................................................................... 16

9.1.1 “What is a scrap tire?” ........................................................................................................................ 16

9.1.2 “Beneficial Use of Scrap Tires” .......................................................................................................... 16

9.1.3 “Law Enforcement Guide to Scrap Tires” .......................................................................................... 17

9.2 ENFORCEMENT ASSISTANCE ................................................................................................................ 17

9.2.1 Civil Enforcement Assistance ............................................................................................................ 18

9.2.2 Referral Letter to the Ohio Attorney General ................................................................................... 19

9.2.3 Enforcement Referral Form ............................................................................................................... 19

9.3 “NO FAULT” SCRAP REMEDIATION PROGRAM – ASSISTANCE FOR VICTIMS OF TIRE DUMPING ......... 23

9.3.1 Application for Citizens and Businesses ............................................................................................ 23

9.3.2 Application for Counties and Local Governments .............................................................................. 23

9.3.3 PALM CARD “Community Solutions for Scrap Tire Cleanup and Removal” ...................................... 24

9.3.4 PALM CARD “Are you a victim of scrap tire dumping?” .................................................................... 24

SECTION 10. HOW TO FIND THE TOOLKIT ON OHIO EPA’s WEBPAGE ...................................... 25

CONTENTS

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LIST OF TOOLKIT RESOURCES

1. GUIDANCE DOCUMENT #645: “Scrap Tire Generator”

2. GUIDANCE DOCUMENT #1015: “Retail Tire Dealer: Why is Scrap Tire Management Important?”

3. GUIDANCE DOCUMENT #640: “Scrap Tire Transporter”

4. PALM CARD “Managing Scrap Tires – What everyone should know”

5. PALM CARD “Managing Scrap Tires – What Retailers Should Know”

6. PALM CARD “Managing Scrap Tires – What Transporters Should Know”

7. TEMPLATE LETTER for Retail Tire Businesses

8. SCRAP TIRE MANAGEMENT LOOKUP TABLE FOR SCRAP TIRE GENERATING BUSINESSES

9. GENERAL STORAGE CHECKLIST

10. POSTER - CONSEQUENCES OF OPEN DUMPING SCRAP TIRES 11x17

POSTER - CONSEQUENCES OF OPEN DUMPING SCRAP TIRES 12x18

POSTER - CONSEQUENCES OF OPEN DUMPING SCRAP TIRES 18x24

11. POSTER – HEALTH THREAT ASSOCIATED WITH OPEN DUMPING 11x17

POSTER – HEALTH THREAT ASSOCIATED WITH OPEN DUMPING 12x18

POSTER – HEALTH THREAT ASSOCIATED WITH OPEN DUMPING 18x24

12. OHIO EPA 2-part shipping paper

13. OHIO EPA 3-part shipping paper

14. GUIDANCE DOCUMENT #642: “What Is A Scrap Tire”

15. GUIDANCE DOCUMENT #671: “ Beneficial Use Of Scrap Tires”

16. GUIDANCE DOCUMENT #1007: “ Law Enforcement Guide to Scrap Tires”

17. REFERRAL LETTER to the ATTORNEY GENERAL

18. ENFORCEMENT REFERRAL FORM

19. “NO FAULT” APPLICATION for CITIZENS AND BUSINESSES

20. “NO FAULT” APPLICATION for COUNTIES AND LOCAL GOVERNMENTS

21. PALM CARD “Community Solutions for Scrap Tire Cleanup and Removal”

22. PALM CARD “Are you a victim of scrap tire dumping?”

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Introduction

Improperly managed scrap tires pose serious harm to public health and the environment.

Harmful consequences include serving as a breeding ground for mosquitos, a fire hazard and

contributing to open dumping that reduces property values and can harbor vectors.

Ohio EPA wants to ensure that all scrap tires are properly managed and that they are not illegally

disposed. Proper management of scrap tires includes storage that prevents them from

accumulating water, becoming ignited, easily isolated in the event of a fire and transported to a

location that Ohio EPA allows by law or rule. In order to make progress towards this goal, it is

imperative that Ohio’s scrap tire management infrastructure which consists of scrap tire

generators, scrap tire transporters, licensed and registered/permitted scrap tire facilities and

sites approved for beneficial uses knows and complies with Ohio EPA’s scrap tire management

regulations. Ohio EPA and its partners find that scrap tire generators are often not aware that

they have any requirements.

Purpose

The scrap tire generator toolkit has been created to be used by Ohio EPA and its partners as a

resource that aggregates tools designed to educate scrap tire generators, with a focus on scrap

tire generating businesses (such as businesses that remove, or store tires removed from

vehicles), about their regulatory requirements and to provide our regulatory partners with

information that they can use to address non-compliant generators within their jurisdictions.

Each resource was chosen based on the premise that an educated business owner is more likely

to comply with regulations and to be able to educate its customer base. This investment has the

potential to reduce threats to public health and the environment.

To date, there has not been a targeted statewide campaign to seek out, educate, proactively

inspect and measure compliance with existing regulations for scrap tire generators. This situation

is in part due to the sheer number of scrap tire generators. In Ohio there are thousands of

businesses that meet the definition of a scrap tire generator and unfortunately, Ohio EPA and

many of our regulatory partners have limited staffing and financial resources to proactively seek

out and educate scrap tire generators.

Creating this scrap tire generator toolkit is only the first step in a statewide campaign to provide

education and outreach to scrap tire generating businesses. Presently, based on the information

that Ohio EPA has available, the toolkit includes resources that the Agency would recommend

that its inspectors and partners use to educate scrap tire generators. As more outreach and

focused assessments are performed, the expectation is that additional or better tools will be

created that address discovered barriers and benefits to scrap tire generators complying with

applicable regulations.

SECTION 1. WHY CREATE A SCRAP TIRE GENERATOR TOOLKIT?

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Partners

Several partners collaborate to implement Ohio’s scrap tire program. Partners include approved

health districts, solid waste management districts (SWMDs) and local law enforcement. All

partners are critical to providing outreach and education to scrap tire generators in Ohio. Each

partner brings its unique directive and perspective to scrap tire management. The result is a

comprehensive approach to addressing the regulatory requirements and social responsibilities

of scrap tire generators. While the toolkit was designed to meet the needs of agency staff and

our existing partners, Ohio EPA is always excited about the prospect of new partners that can

assist in providing education and outreach to scrap tire generators.

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Helpful hints on when to hand out this document include the following scenarios:

• A scrap tire generator that is not a business;

• A scrap tire generator that wants a general understanding of storage and handling requirements;

• A business that is considering transporting scrap tires;

• A business you know is not using a registered scrap tire transporter;

• A business you suspect is not using a registered scrap tire transporter.

Three guidance documents have been included that educate scrap tire generators about their

regulatory requirements, explain why Ohio EPA regulates scrap tires and briefly cover the

standards and requirements for scrap tire transporters.

2.1 GUIDANCE DOCUMENT #645: “Scrap Tire Generator”

Intended for businesses that buy, sell or generate scrap tires, this guidance document provides

• A brief overview of the regulatory requirements for a scrap tire generator;

• Answers to commonly asked questions;

• Information for common points of confusion expressed by

generators of scrap tires;

• A helpful table that identifies the most common scrap tire generators

and the regulatory limits that allow the generators to operate

without a registration, license, or permit;

The document contains embedded links to the following resources

available on Ohio EPA’s webpage:

• Scrap tire webpage;

• List of licensed scrap tire facilities;

• List of registered scrap tire transporters;

• Application to become a registered scrap tire transporter;

• Guidance document “Standards and Requirements for Scrap Tire Transporter”;

• ORC Section 3734.99 which establishes the penalties for non-compliance with the scrap tire laws such

as the failure to use a registered scrap tire transporter.

2.2 GUIDANCE DOCUMENT #1015: “Retail Tire Dealer: Why is Scrap Tire Management

Important?”

Even if retail tire dealers are aware that they have scrap tire management requirements, they may have

no idea why these requirements are necessary. This guidance document explains

• Potential public health and environmental hazards associated with improper handling, storage and

open dumping of scrap tires;

• Some of the alternative uses of scrap tires in the state when they are managed properly and sent to

licensed recovery facilities.

SECTION 2. GUIDANCE DOCUMENTS

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Helpful hints on when to hand out this document include the

following scenarios:

• A tire business that wants to transport the scrap tires generated

from its business;

• A tire business that wants to transport scrap tires generated by

others;

• A tire business that wants to pick-up scrap tires to sell at its own

business or another business.

2.3 GUIDANCE DOCUMENT #640: “Scrap Tire Transporter”

This document identifies the major requirements for

• Becoming a registered scrap tire transporter and

• Operating a scrap tire transportation business

Helpful hints on when to hand out this document include the following

scenarios:

• A tire business that wants to explain to customers why it charges a

fee to recycle or dispose of their scrap tires;

• A tire business that wants to understand why it should use a

registered scrap tire transporter;

• A tire business that you know is not using a registered scrap tire

transporter;

• A business that wants to understand some of the new uses for the

scrap tires collected.

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Helpful hints on when to hand out this document include the following

scenarios:

• A scrap tire generator that needs to understand why scrap tires are

regulated;

• A person interested in learning how scrap tires are regulated;

• When you interact with the general public at community events,

schools, etc.

Click image for template.

Helpful hints on when to hand out this document include the following

scenarios:

• A tire business that is not interested in taking the time to read a guidance

document;

• A tire business that you are going to follow-up with in the future; and

• A tire business that is not using a registered scrap tire transporter or

completing shipping papers.

Click image for template.

Ohio EPA often uses palm cards to introduce and provide minimal, but important, information about a

subject. Three palm cards have been included as resources for scrap tire generators.

3.1 PALM CARD “Managing Scrap Tires – What everyone should know”

This palm card explains the importance of proper scrap tire management by providing the following

information to the general public

• Introduces the nuisance, public health and environmental hazards associated with improper scrap tire

handling and storage;

• Provides examples of opportunities to recycle scrap tires and simple

tips for encouraging scrap tire recycling and proper disposal;

• Identifies health departments, local law enforcement and Ohio EPA as

contacts for further information.

3.2 PALM CARD “Managing Scrap Tires – What Retailers Should Know”

Covered on this palm card, tire retail dealers that have scrap tires are

• Required to use a registered scrap tire transporter;

• Complete and retain shipping papers;

• Implement mosquito control measures;

• Secure scrap tires on business property.

SECTION 3. PALM CARDS

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Helpful hints on when to hand out this document include the

following scenarios:

• A business that is interested in hauling its own scrap tires;

• A business that generates scrap tires and is not using a

registered scrap tire transporter or completing shipping papers.

Click image for template.

3.3 PALM CARD “Managing Scrap Tires – What Transporters Should Know”

This palm card mainly identifies the authorized locations where scrap tires can be taken in Ohio and the

requirements and process for becoming a registered scrap tire

transporter in Ohio.

HOW TO ORDER PALM CARDS

Ohio EPA will provide 500 palm cards (this total includes all scrap tire-related palm cards published by the

Agency) at no cost to our partners. Interested partners can request the palm cards in standard or custom

format. For customized orders, please provide Ohio EPA with your health district and/or SWMD logo for

placement on the card.

Please contact Channon Cohen at 614.728.5353 or channon.cohen@epa.ohio.gov.

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Helpful hints on when to use this document include the following scenarios:

• When you are experiencing a local, county or regional open dumping problem that cannot be tied to

a specific business;

• When a health department or local law enforcement agency suspects a business is not using a

registered scrap tire transporter but does not have concrete evidence of noncompliance.

Despite the progress that has been made in cleaning up open dumps since the inception of the scrap tire

management program, open dumping is an ongoing problem. This template letter is designed for use by

health departments, SWMDs or local law enforcement agencies to address open dumping in their

jurisdictions. It serves as an introductory communication that can be sent to an individual business, a

specific type of scrap tire generating business or all scrap tire generating businesses in a political

jurisdiction to name a few uses. This letter should not be used for an active, non-compliance issue.

The benefits of the template letter include

• A consistent message will be provided statewide;

• The consistent message is that scrap tire generating

businesses are local partners that have an obligation to

prevent open dumping and comply with their scrap tire

management rules. By doing so, those businesses help to

reduce hazards to public health and safety as well as fire

hazards.

• The letter is written in a persuasive tone to encourage a

business to evaluate its compliance with applicable scrap tire

regulations and then take measures to correct any

deficiencies.

SECTION 4. TEMPLATE LETTER FOR RETAIL TIRE BUSINESSES

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A look-up table has been created that summarizes the scrap tire management requirements as specified

in Ohio Administrative Code (OAC) Rule 3745-580-05. These requirements are applicable to scrap tire

generating businesses and operations that are excluded (see OAC Rules 3745-580-205, 3745-580-305 and

3745-580-405) from the requirement to become a registered or

permitted and licensed scrap tire facility.

A self-inspection checklist for scrap tire generating businesses and operations that are excluded (see

OAC Rules 3745-580-205, 3745-580-305 and 3745-580-405) from the requirement to become a registered

or permitted and licensed scrap tire facility is provided .

The checklist contains the regulatory requirements such as mosquito

control and acceptable scrap tires security measures.

SECTION 5. SCRAP TIRE MANAGEMENT REQUIREMENTS FOR BUSINESSES TABLE

AND INSPECTION CHECKLIST

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Ohio EPA’s shipping papers are a helpful resource to provide when

you encounter the following scenario(s):

• A business that is encountering scrap tire transporters that are

not requiring the business to complete shipping papers.

• A business that is not meeting the shipping paper recordkeeping

requirements.

• A business that does not have shipping papers.

Shipping papers are used to document the transport of scrap tires to or from destinations in Ohio. The

toolkit contains copies of Ohio EPA’s two-part and three-part shipping papers. A scrap tire transporter

doesn’t have to use Ohio EPA’s shipping papers but does have to use a version that complies with the

requirements specified in OAC Rule 3745-580-06.

A scrap tire generator may not be aware that

• A registered scrap tire transporter is required to complete shipping papers when it collects tires from

the generator;

• Both the transporter and the generator are supposed to sign the papers;

• The transporter is supposed to leave a copy of the shipping paper with the generator;

• The generator is required to retain a copy of the shipping papers for three years;

• The generator can request that the scrap tire transporter provide a copy of the shipping papers once

the scrap tires reach their destination.

The two-part shipping paper is designed for scrap tire transporters who

sort the scrap tires they pick up from a scrap tire generator and deliver

the sorted scrap tires to more than one destination. These destinations

may include multiple used tire dealers or multiple licensed scrap tire

facilities.

The three-part shipping paper is

designed for transporters who take all

scrap tires they collect to a single end

destination. A single three- part form

may document the entire movement

of scrap tires by the transporter from

a generator to a recipient of the scrap

tires.

SECTION 6. SHIPPING PAPERS

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This toolkit provides two posters that businesses or partners can use.

7.1 POSTER - CONSEQUENCES OF OPEN DUMPING SCRAP TIRES

This poster is designed to be used by a tire business to educate

customers about the consequences of open dumping and to

encourage them to leave their scrap tires at the business location.

The poster can be placed inside of the customer service area or

scrap tire storage area of a business.

7.2 POSTER - HEALTH THREAT ASSOCIATED WITH OPEN DUMPING

This poster is designed to deter the general

public from dumping scrap tires or allowing

them to accumulate water. It can serve as an

educational tool in

• schools,

• community events and

• recreational facilities.

Poster templates are available on the Scrap Tire webpage in size 11x17. Templates for poster sizes 12x18 and

18x24 are available upon request. Ohio EPA will provide one hundred posters free to interested partners in

size 12x18. Please contact Channon Cohen at 614.728.5353 or c[email protected]. If you want your

health department and/or SWMD logo to be placed on the poster, please provide Ohio EPA with that

information when you request a copy of the poster template or place an order.

SECTION 7. POSTERS

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As you use the scrap tire generator toolkit, Ohio EPA requests that you collect data from each business

that you visit. The metrics collected will be used in the following ways:

• Populate a database that identifies scrap tire generator business locations;

• Characterize the types of scrap tire generators encountered;

• Allow Ohio EPA to evaluate the usefulness of some of the resources in the toolkit;

A sample of the type of data that will be collected is provided below.

Please submit your completed spreadsheet semiannually to Channon Cohen at

channon.coh[email protected]hio.gov.

SECTION 8. METRICS COLLECTION

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While most of this toolkit is intended to provide resources that can be shared with scrap tire generators,

Ohio EPA recognizes that it is likely that you (partners) will come across instances of scrap tire dumping,

illegal transportation of scrap tires, and “alternative” uses of scrap tires without authorization. Because

of this possibility, Ohio EPA would like to take this opportunity to provide you with some resources that

may prove helpful in these situations.

The additional resources found in this section include

• Guidance Documents

o Guidance Document #642 - What is a Scrap Tire?

o Guidance Document # 671 - Beneficial Use of Scrap Tires

o Guidance Document #1007 - Law Enforcement Guide to Scrap Tires

• Enforcement Assistance

o Criminal Enforcement Assistance

▪ Ohio EPA’s Office of Special Investigations

▪ Felony/ Misdemeanor Chart

▪ Ohio Attorney General’s Office - Criminal Enforcement Assistance

o Civil Enforcement Assistance

▪ Ohio Attorney General’s Office - Civil Enforcement Assistance

▪ Ohio EPA

• Referral of Scrap Tire Cases to Ohio EPA

• General Scrap Tire Enforcement Process

• “No-Fault” Scrap Tire Remediation Program - Assistance for Victims of Tire dumping

SECTION 9. ENFORCEMENT AND TIRE REMOVAL RESOURCES FOR PARTNERS

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9.1 GUIDANCE DOCUMENTS

9.1.1 GUIDANCE DOCUMENT #642 “What Is A Scrap Tire?”

One of the most common arguments that is raised as a defense

when dealing with accumulations of scrap tires is that scrap tires

aren’t really scrap tires at all, rather they are “used” tires or the

tires are “wanted”. This guidance document is a good resource

to provide in these situations since it

• defines what a scrap tire is through answering commonly

asked questions that arise concerning tires or tire-related

products;

• serves as a good reference when trying to determine what

is or is not a scrap tire, as there are several definitions,

situations and characteristics that must be taken into

consideration.

9.1.2 GUIDANCE DOCUMENT #671 “Beneficial Use of Scrap Tires”

Another common refrain that you are likely to encounter is that

the scrap tires are being beneficially used. This may very well

be the case as there are several beneficial uses pre-approved

by rule and Ohio EPA does issue beneficial use approvals for

several other scrap tire projects. However, it is also possible

that the supposed beneficial use is merely a poorly disguised

disposal attempt. This guidance document provides the

following helpful information:

• a list of pre-approved beneficial uses for scrap tires for easy reference;

• guidance on when an authorization in accordance with OAC Rule 3745-580-802 is required prior to

the beneficial use of whole, cut, and processed scrap tires;

• process related to the request to have a beneficial use project considered for approval that is not

pre-approved in rule;

• scrap tire storage and transport requirements that apply to the beneficial use of scrap tires.

If someone is claiming that their tires are being beneficially used, the use must either comply with the

pre-approved uses listed in Guidance Document #671, or they must have obtained a Director’s

Authorization pursuant to OAC Rule 3745-580-803 and must be in compliance with all the conditions and

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specifications contained in the approval. If you would like to verify if an individual has been granted an

authorization you can visit the Ohio EPA, Division of Materials and Waste Management (DMWM) website

at this link, Issued Actions. You may also contact Channon Cohen at [email protected] for

assistance in determining if an authorization has been issued.

9.1.3 GUIDANCE DOCUMENT #1007 “Law Enforcement Guide to Scrap Tires”

Did you know that if you* encounter a person transporting scrap

tires

under certain circumstances, the presence of a load of scrap tires is

reasonable suspicion for initiating a traffic stop to verify compliance

with Ohio Revised Code (ORC) 3734.83? This situation and other

useful information are found in Guidance Document #1007, Ohio

EPA’s Law Enforcement Guide to Scrap Tires. This guide is intended

to provide information to law enforcement personnel regarding

major requirements of Ohio’s scrap tire rules and laws, such as

• Open dumping;

• Open burning;

• Requirements to transport scrap tires;

• Requirements for scrap tire generating businesses

• Penalties for violating the scrap tire laws

The guidance document also contains a scrap tire interview record form that

is designed for law enforcement to use for gathering information that can be

passed on to Ohio EPA for further investigation.

*Law enforcement officers only! Please do not attempt to pull over people transporting scrap tires if you are not authorized law

enforcement officer.

9.2 ENFORCEMENT ASSISTANCE

This section is intended make our partners aware of Ohio EPA and Ohio Attorney General’s Office support

available for the criminal and civil enforcement of the scrap tire laws and rules. This section is not intended

to replace any local enforcement procedures and policies that are in place, or to dictate the use of Ohio

EPA’s enforcement programs, but instead to provide resources for our partners to consider as deemed

necessary.

Some examples of when you might want to consider reaching out for assistance would be if:

• You have observed what appears to be ongoing criminal activity and you do not have a viable local

option to pursue prosecution;

• You have a scrap tire dump where the responsible party is unable or unwilling to remove the tires

and a state funded tire removal action will be necessary to address the tire accumulation;

• You have been pursuing the matter locally, but efforts have stalled;

• You are a SWMD or other entity who does not have statutory authority to pursue violations of the

scrap tires law and regulations.

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Criminal Enforcement Assistance

Ohio EPA’s Special Investigations Unit

If you have observed what appears to be criminal activity related to scrap tires (or other environmental

regulations), Ohio EPA’s Special Investigations Unit may be able to assist you. The Special Investigations

Unit (SIU) is the criminal investigative branch of Ohio EPA. SIU works in partnership with other state and

federal agencies to investigate activities that may criminally violate state or federal environmental laws

or regulations, such as:

▪

illegal disposal or abandonment of waste (solid waste, hazardous waste and construction and

demolition debris);

▪

illegal transportation of scrap tires;

▪

burial of waste at unpermitted locations;

▪

unpermitted discharges into waters of the state or to wastewater treatment plants;

▪

unpermitted emissions of air pollutants;

▪

open burning;

▪

bypassing treatment systems;

▪

filling of wetlands;

▪

“rip and tear” asbestos projects;

▪

falsification of documents such as manifests, waste receipt logs and monthly operating reports; and,

▪

making false statements to regulatory personnel.

Investigations by SIU may lead to enforcement against individuals or facilities. If you are unsure if the

activity you witnessed is criminal in nature we suggest looking at the US Environmental Protection Agency

guidance called Basic Information on Enforcement, Basic Information on Enforcement.

Though the information found in this article does not exactly mirror the civil and criminal enforcement

processes at Ohio EPA, it will provide you with a basic overview of the difference between criminal and

civil violations of environmental law by looking at the different legal standards, burden of proof, and

consequences that are applicable when a violation is pursued criminally vs. civilly. One item to make note

of is that it is possible to pursue the same violation in both a civil and a criminal capacity. For

further assistance with possible criminal scrap tire activities please visit the Scrap Tire Program web page.

Special Investigations Unit Contact Information

Contact

E-mail and Phone Number

Counties Served

Ken Mettler, Manager

Ken.Mettler@epa.ohio.gov, 614-728-1235

Statewide, Central

Moubine Mourad

Moubine.Mourad@epa.ohio.gov, 419-373-3032

Northwest

Desaree Masters

Desaree.Masters@epa.ohio.gov, 330-963-1200

Northeast

Randy Ohlemacher

Randy.Ohlemacher@epa.ohio.gov, 614-836-8767

Southwest

Ben Harriff

Benjamin.Harriff@epa.ohio.gov, 614-836-8752

Southeast

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If you are a local prosecutor and have questions regarding the criminal prosecution of scrap tire

laws, please contact Emily Simmons Tapocsi, Chief of the Ohio Attorney General’s Office of

Environmental Enforcement at 614-466-2766 or

Emily.[email protected]

Civil Enforcement Assistance

Ohio Attorney General’s Office

If you are an approved health department, you can refer violations of ORC Sections 3734 and 3714 and

rules promulgated thereunder directly to the Ohio Attorney General’s Office, Environmental Enforcement

Section for enforcement. This option can be helpful in situations where you have particularly recalcitrant

violator(s), board of health orders have been issued and have not been complied with, or in circumstances

where your local prosecutor is unfamiliar with environmental regulations or does not have the time

necessary to devote to your cases.

For approved boards of health that do not regularly refer cases to the Ohio

Attorney General’s office and are not sure where to start, Ohio EPA has

created templates that you may utilize to refer your case. These templates

include

9.2.2 Referral Letter to the Ohio Attorney General – a letter from the

Health Commissioner requesting that the Ohio Attorney General

initiate civil proceedings on behalf of the health district.

9.2.3 Enforcement Referral Form: A form to help document relevant case

information and organize supporting documentation so that the

Attorney’s General’s Office has the information needed to pursue

your case.

If you have questions regarding referring a case to the Ohio Attorney General’s office, please contact Emily

Simmons Tapocsi, Chief of the Ohio Attorney General’s Office of

Environmental Enforcement at 614-466-2766 or

Emily.Tapocsi@ohioattorneygeneral.gov. If you have questions

specifically about the referral letter or the enforcement referral form,

please contact Kelly Jeter at 614-728-5337 or [email protected].gov

Please note: If the case involves a large scrap tire accumulation that

will require a state funded clean-up, an Order from the Director of

Ohio EPA will be required to access funding and to get the site on the

clean-up list. In those cases, you may wish to request that Ohio EPA

take over responsibility for the case as outlined below.

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Ohio Environmental Protection Agency

Approved Health Districts

The open dumping of scrap tires in cases where it is unlikely that the responsible party and/or property

owner will remove and properly dispose scrap tires presents a unique circumstance where Ohio EPA can

assist an approved health district in enforcement. Although in most cases it is the expectation that an

approved health department undertake their own enforcement action for violations of the state’s solid

waste and construction and demolition debris laws within their district, the open dumping of scrap tires

is a special case.

The open dumping of scrap tires is different because Ohio is fortunate that there is a statutorily mandated

fund that can be used by Ohio EPA for the enforcement and clean-up of scrap tire sites across the state,

provided Ohio EPA adheres to certain requirements outlined in ORC 3734.85, ORC 3734.85 . Because Ohio

EPA does have the ability to conduct scrap tire removal actions if the responsible party or property owner

fails to do so, we encourage you to consider asking for our assistance in these cases.

If this is something that your health district is interested in, please contact Kelly Jeter at 614-728-5337 or

[email protected]. Kelly will explain the process in detail, go over the documentation that Ohio

EPA will need to process your case, and put you in touch with the appropriate Ohio EPA district office,

DMWM representative who will work with you to compile your information into an enforcement referral.

For our SWMDs located within the jurisdiction of an approved health district please coordinate the referral

of any scrap tire open dumps to Ohio EPA with your health district. Ohio EPA will not accept scrap tires

referrals from SWMDs located in approved health districts without the approved health district’s consent.

If you are not sure if your local health district is approved, you can check Ohio EPA’s list of approved health

districts, Approved Health Districts.

Unapproved Health Districts & Solid Waste Management Districts

If you are an unapproved health district or a SWMD located within an unapproved health district and you

encounter open dumping of scrap tires or any other violations of the states scrap tires laws, please alert

your local Ohio EPA district office, DMWM representative so the matter can be investigated and referred

for enforcement, if necessary. The general phone number to each Ohio EPA district office is provided in

the table below. Please request to speak to someone in DMWM.

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Ohio EPA District Office Contact Information

District Office

Counties Served

District Phone

Central

Delaware, Fairfield, Fayette, Franklin, Knox, Licking,

Madison, Morrow, Pickaway and Union

(614) 728-3778

Northeast

Ashtabula, Carroll, Columbiana, Cuyahoga, Geauga,

Holmes, Lake, Lorain, Mahoning, Medina, Portage,

Stark, Summit, Trumbull and Wayne

(330) 963-1200

Northwest

Allen, Ashland, Auglaize, Crawford, Defiance, Erie,

Fulton, Hancock, Hardin, Henry, Huron, Lucas,

Marion, Mercer, Ottawa, Paulding, Putnam, Richland,

Sandusky, Seneca, Van Wert, Williams, Wood and

Wyandot

(419) 352-8461

Southeast

Adams, Athens, Belmont, Coshocton, Gallia,

Guernsey, Harrison, Hocking, Jackson, Jefferson,

Lawrence, Meigs, Monroe, Morgan, Muskingum,

Noble, Perry, Pike, Ross, Scioto, Tuscarawas, Vinton

and Washington

(740) 385-8501

Southwest

Brown, Butler, Champaign, Clark, Clermont, Clinton,

Darke, Greene, Hamilton, Highland, Logan, Miami,

Montgomery, Preble, Shelby and Warren

(937) 285-6357

General Scrap Tire Enforcement Process

The process for enforcement of scrap tire open dumping cases is mostly laid out by statute in ORC 3734.85

and will be similar regardless of where the case originates (health district or Ohio EPA). It is important to

remember that since Ohio EPA does have several obligations to meet under the statute before we can

conduct a removal activity, a clean-up will not happen immediately upon your request for assistance. For

instance, in enforcement orders issued under ORC 3734.85, Ohio EPA is required to issue orders that allow

the responsible party (or the property owner if different) 120 days to remove the scrap tires and then

Ohio EPA must document noncompliance with the orders and be granted access to enter the property to

conduct a removal action.

Because there is this extended waiting period between the initiation of an enforcement case and the

removal of scrap tires from the property, we suggest that you contact Ohio EPA about scrap tire open

dumping as soon as it becomes obvious that the responsible party and/or property owner cannot or will

not remove and properly dispose of the tires. To help you get a better idea of the general scrap tire

enforcement process we have provided an outline below, but for more details please contact Kelly Jeter

at 614-728-5337 or [email protected].

Procedure for Scrap Tire Enforcement Actions

1. The Ohio EPA, DMWM, district office inspector (Ohio EPA inspector) will conduct an

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inspection of the property on which the scrap tires are located. Upon confirmation that

scrap tires have been open dumped, the Ohio EPA inspector will issue a Notice of Violation

(NOV) to the responsible party and the property owner (if different from the responsible

party).

2. The Ohio EPA inspector will monitor progress at the site. Any violations that exist longer

than 45 days after the issuance of the NOV will be flagged and elevated to a watch list at

DMWM - Central Office (Central Office) for evaluation. If the scrap tires are not removed or

are not being removed quickly enough, Central Office, in consort with Ohio EPA district

office management will request that the Ohio EPA inspector put together an enforcement

referral and transmit it to Central Office.

NOTE: For cases coming to us from approved health districts, the initial monitoring period

will be waived if the health district has already issued their own NOV and the parties have

not been responsive. The monitoring period may also be waived at Ohio EPA’s discretion. An

example of when Ohio EPA may choose to wave the monitoring period would be if the tire

accumulation poses an imminent and substantial threat to human health such as a large

accumulation of scrap tires near a sensitive subpopulation with the presence of confirmed

disease carrying mosquitos onsite.

3. Once the enforcement referral is received by Central Office, it will be reviewed and in

almost all cases, Ohio EPA will draft scrap tire abatement orders (“Orders”) that are issued

under ORC 3734.85. These Orders can either be consensual in nature if the owner might be

willing to work with Ohio EPA or issued unilaterally. In both cases, Ohio EPA is required to

give the responsible party and/or property owner 120 days to remove the scrap tire

accumulation. If other violations exist on the property such as open dumping of solid waste

or illegal disposal of C&DD, these violations will also be addressed in the Orders.

4. Following the issuance of the Orders, the Ohio EPA inspector will monitor compliance with

the orders and issue NOVs as necessary.

5. If, at the end of the 120-day period the responsible party and/or property owner has failed

to remove the tires, an additional inspection is conducted to document noncompliance.

6. Once noncompliance has been documented, there are two separate paths to tire remediation:

a. The property owner has either agreed in the consensual orders, or agrees in a

separate access agreement, to let Ohio EPA on the property to remove the tires, and

consents to a lien being placed on the property; or

b. The owner does not allow Ohio EPA access, and Ohio EPA refers the case to the

Ohio Attorney General’s office (AGO) and ask that the AGO seek an Administrative

Warrant from the local court to allow Ohio EPA access to the site to remove the

tires.

Please Note: For cases referred from approved health districts, Ohio EPA may request that

the health district inspector be present at the Warrant Hearing to assist in answering any

questions the Judge may have about the case.

7. Once Ohio EPA has secured access to the property, the property will be placed on the clean-

up list and Ohio EPA will work with its contractors to get a cost estimate for the removal and

as budget allows, will issue a notice to proceed to our contractors for a removal action to

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commence.

8. Upon completion of the scrap tire removal and receipt of all invoices for the removal action,

Ohio EPA will file a lien upon the property from which the tires were removed for the cost of

the removal action.

9.3 “NO-FAULT” SCRAP TIRE REMEDIATION PROGRAM - ASSISTANCE FOR VICTIMS OF TIRE

DUMPING

Not every accumulation of scrap tires is cause for an enforcement action. Ohio EPA is aware that private

landowners and even local governments can fall victim to illegal tire dumping and are often left with scrap

tires that need to be removed. If this has happened to you or your community, Ohio EPA may be able to

help through our scrap tire cleanup program dedicated to assisting victims of illegal tire dumping. This

program was originally created in 1993 along with Ohio's scrap tire laws when the Ohio General Assembly

included a provision in the statute that allowed state-funded cleanups of small tire piles (100 to 2,000

tires) provided that six specific conditions were met (ORC 3734.85(E)). Based on Ohio EPA’s experience

with these sites, in 2012, the Agency requested and was granted an increase in the number of tires eligible

for the program. Currently the program is open to sites that contain 100 to 5,000 tires per site.

This state-funded scrap tire cleanup program is available to both private and public-sector applicants,

however, not all scrap tire sites qualify under this program. Specific conditions spelled out by statute limit

eligible sites to parcels with tires that were acquired through estates by bequeath or devise, and to parcels

where the current property owner is a victim of scrap tire open dumping and no responsible party has

been identified. In either case, the applicants for the no-fault cleanups must certify that no financial

benefit was received from the tires being placed on the parcel.

The number of tires on any parcel must not be less than 100 tires or more than 5,000 tires. The scrap tires

may be any size and may be either un-mounted or on rims. Solid wastes may also be removed from

thoseparcels where the scrap tires are commingled with other solid wastes and thereby necessitate the

removal of other wastes in order to access the scrap tires.

This scrap tire remediation program has also been used to financially assist many county and local

governmental entities by using state contractors to remove and dispose of open dumped tires which

have been picked up by road crews and/or volunteers from public roadways and alley rights-of-way and

during river sweeps. Local governments often store the discarded scrap tires at temporary collection

points. At some locations, cleanup costs have been reduced by land owners’ efforts to collect and stack

tires for pick-up at convenient access points for state contractors and by the use of “community service”

and inmate labor to assist the loading of scrap tires into trailers or roll-off containers.

Ohio EPA accepts applications for this program all year long, and it is Ohio EPA’s goal to move approved

sites through the process as quickly as possible. However, all remediation activities are subject to having

sufficient funding to cover the cost of removal activities. Our funding is allocated on the State Fiscal Year

which begins July 1 and runs through June 30. Applications received toward the end of the fiscal year, or

during peak submittal periods may encounter substantial wait times before clean up can commence. In

periods of high volume or reduced funding, sites on the clean-up list will be addressed according to the

threat they pose to the local communities with sites near sensitive subpopulations or in highly populated

areas receiving preference. Applications are available on Ohio EPA’s webpage with links provided below.

9.3.2 “No Fault” Application for Citizens and Businesses, Application for Citizens and Businesses.

9.3.3 “No Fault” Application for Counties and Local Governments, Application for Counties and Local

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Governments.

Again, it is important to reiterate that it is Ohio EPA’s goal to move each qualified site through the program

as quickly as possible and the Agency will do all that can to get to the sites on the list in a timely manner.

The possibility of a potential wait prior to a scrap tire clean up should not deter you from applying for the

program, if eligible. You may contact Ohio EPA DMWM at any time to inquire about the status of the

cleanup.

If you are interested in applying for this program or just want more information, please contact Kelly Jeter

at 614-728-5337 or [email protected].

Ohio EPA has designed two palm cards to advertise this program.

9.3.4 PALM CARD “Community Solutions for Scrap Tire

Cleanup and Removal”

This palm card serves as an introduction to Ohio EPA’s “no fault”

program for local governments. The information briefly explains

9.3.4.1 typical scenarios when local government finds

abandoned scrap tires;

9.3.4.2 how this program can be factored in as a financial

aid to a potentially expensive local problem.

9.3.5 PALM CARD “Are you a victim of scrap tire dumping?”

This palm card serves as an introduction to Ohio EPA’s “no fault”

program for private landowners and businesses. The focus is to make

people aware of the “no fault” program and that Ohio EPA should be

contacted to determine eligibility.

HOW TO ORDER PALM CARDS

Ohio EPA will provide 500 palm cards (this total includes all scrap tire-related palm cards published by the

Agency) at no cost to our partners. Interested partners can request the palm cards in standard or custom

format. For customized orders, please provide Ohio EPA with your health district and/or solid waste

management district logo for placement on the card. Please contact Channon Cohen at 614.728.5353 or

channon.coh[email protected]hio.gov.

Click image for template.

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To find the toolkit on Ohio EPA’s webpage, you can Ctrl click on this link, https://epa.ohio.gov/divisions-

and-offices/materials-and-waste-management, or type in the address at the address bar. The following

page should come up:

Click on Programs on the sidebar to the left (see red arrow above). This will take you to the page

below. Type "scrap tires" in the search box and hit enter. This will bring up a Scrap Tires tile; Click on

the tile.

SECTION 10. HOW TO FIND THE TOOLKIT ON OHIO EPA’S WEBPAGE

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As you scroll down this page, there will be a series of tabs that provide information about the scrap

tire program. One of these tabs is called the Scrap Tire Generator Toolkit (see red arrow).

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The resources that make up the toolkit are listed under this tab.

The easiest way to find a resource is to click on it in the body of the Scrap Tire Generator Toolkit Manual.

It is also important to mention that there is an existing tab for scrap tire related guidance documents on

the Scrap Tire webpage. As a result, when you click on guidance documents under the Scrap Tire

Generator Toolkit tab, you will be redirected to the Guidance Document tab where you will have to look

for the guidance document of interest.