South Carolina passed a regulation that requires waste tire haulers to provide a form of financial assurance worth $10,000. The requirement is a component of a recent revision to the South Carolina Solid Waste Policy and Management Act, the first amendment to the waste tire legislation since it was enacted in 1993. The effective date of this amendment, Regulation 61-107.3, was June 26, 2015.

Who does this concern?

This act affects anyone who transports more than 15 waste tires at one time for the purpose of storage, processing or disposal, according to the South Carolina Code of Laws.

What are the financial assurance requirements?

As mentioned earlier, waste tire haulers now have to provide $10,000 of financial assurance to legally operate in the state. The Department of Health and Environmental Control will use this assurance to pay for necessary clean-up or corrective action. The department will return any leftover money to the entity that posted the financial assurance. Any of the following mechanisms can be used to post the financial assurance, provided it is approved by the department:

• surety bond
• irrevocable letter of credit
• insurance
• trust fund
• corporate financial test
• other evidence of financial assurance approved by department

These requirements do not apply to local governments that haul waste tires.

Are there any changes to the requirements for permitted waste tire facilities?

Yes, the amendment includes surety bonds as a form of security that will now be accepted as financial assurance for permitted waste tire facilities. The financial assurance is used for final closure, in which the cost estimate is based on third party costs to complete closure by disposing of the maximum quantity of waste and processed tires at a permitted facility. The final closure process is completed on an annual basis.

What are the registration requirements for waste tire haulers?

If you are a prospective waste tire hauler in South Carolina, you must submit an application for registration with the following information:

• name and address of hauling company and its officers/owners
• locations in state where waste tires will be transported
• documentation proving applicant has secured required financial assurance
• for renewals, a completed annual report

Applicants are not officially registered until they receive a registration number from the department. Waste tire hauler registrations annually expire on March 1 and must be renewed. New applications must be submitted to the Department of Health and Environmental Control 30 days before the company begins operations. Likewise, renewal applications must be submitted 30 days before the expiration date of the expiring registration.

A helpful resource that provides requirements for waste tire haulers nationwide can be found here.