TITLE 329 SOLID WASTE MANAGEMENT DIVISION
Proposed Rule
LSA Document #17-279
DIGEST
Adds
329 IAC 15-2-2.1,
329 IAC 15-2-4.2,
329 IAC 15-2-4.4,
329 IAC 15-2-4.6,
329 IAC 15-2-4.8,
329 IAC 15-2-5.5,
329 IAC 15-2-8.5,
329 IAC 15-3-17.5,
329 IAC 15-3-18.5,
329 IAC 15-3-20.5,
329 IAC 15-4-16, and
329 IAC 15-6, and amends
329 IAC 15-1-1,
329 IAC 15-1-2,
329 IAC 15-2-1,
329 IAC 15-2-5,
329 IAC 15-2-13,
329 IAC 15-2-13.2,
329 IAC 15-2-13.3,
329 IAC 15-2-13.4,
329 IAC 15-2-13.5,
329 IAC 15-3-2,
329 IAC 15-3-3,
329 IAC 15-3-5,
329 IAC 15-3-6,
329 IAC 15-3-8,
329 IAC 15-3-10,
329 IAC 15-3-11,
329 IAC 15-3-12,
329 IAC 15-3-13,
329 IAC 15-3-15,
329 IAC 15-3-16,
329 IAC 15-3-17,
329 IAC 15-3-18,
329 IAC 15-3-20,
329 IAC 15-3-21,
329 IAC 15-4-1,
329 IAC 15-4-2,
329 IAC 15-4-4,
329 IAC 15-4-5,
329 IAC 15-4-6,
329 IAC 15-4-7,
329 IAC 15-4-8,
329 IAC 15-4-11,
329 IAC 15-4-13,
329 IAC 15-4-14, and
329 IAC 15-5, concerning waste tire management and the legitimate use of waste tires. Repeals
329 IAC 15-1-3,
329 IAC 15-2-9.5,
329 IAC 15-2-14,
329 IAC 15-3-4,
329 IAC 15-3-6.5,
329 IAC 15-3-7,
329 IAC 15-3-7.5,
329 IAC 15-4-3, and
329 IAC 15-4-15. Effective 30 days after filing with the Publisher.
Date of First Hearing: November 13, 2019.
IC 13-14-9-4.5 states that a board may not adopt a rule under
IC 13-14-9 that is substantively different from the draft rule published under
IC 13-14-9-4, until the board has conducted a third comment period that is at least 21 days long.
REQUEST FOR PUBLIC COMMENTS
Portions of this proposed rule are substantively different from the draft rule published on April 10, 2019, at DIN:
20190410-IR-329170279SNA. The Indiana Department of Environmental Management (IDEM) is requesting comment on the following portions of the proposed (preliminarily adopted) rule that are substantively different from the language contained in the draft rule. The following sections of the proposed rule are substantively different from the draft rule:
IDEM also is requesting comment on the following section because IDEM received an oral comment from a board member concerning the section during the public hearing for preliminary adoption and plans to make amendments to the section in the preliminarily adopted rule proposed for final adoption:
This notice requests the submission of comments on the sections of the rule listed above, including suggestions for specific amendments to those sections. These comments and the department's responses thereto will be presented to the board for its consideration at final adoption under
IC 13-14-9-6. Comments on additional sections of the proposed rule that the commentor believes are substantively different from the draft rule may also be submitted for the consideration of the board. Comments may be submitted in one of the following ways:
(1) By mail or common carrier to the following address:
LSA Document #17-279 Waste Tire Management
Dan Watts
Rules Development Branch
Office of Legal Counsel
Indiana Department of Environmental Management
Indiana Government Center North
100 North Senate Avenue
Indianapolis, IN 46204-2251
(2) By facsimile to (317) 233-5970. Please confirm the timely receipt of your faxed comments by calling the Rules Development Branch at (317) 234-5345.
(3) By electronic mail to dwatts1@idem.in.gov. To confirm timely delivery of your comments, please request a document receipt when you send the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part of the official written comment period unless they are sent to the address indicated in this notice.
(4) Hand delivered to the receptionist on duty at the thirteenth floor reception desk, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana.
Regardless of the delivery method used, to properly identify each comment with the rulemaking action it is intended to address, each comment document must clearly specify the LSA document number of the rulemaking you are commenting on.
All comments must be postmarked, faxed, or time stamped not later than January 3, 2020. Hand-delivered comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date.
Additional information regarding this action may be obtained from Dan Watts, Rules Development Branch, Office of Legal Counsel, (317) 234-5345 or (800) 451-6027 (in Indiana).
SUMMARY/RESPONSE TO COMMENTS FROM THE SECOND COMMENT PERIOD
IDEM requested public comment from April 10, 2019, through May 10, 2019, on IDEM's draft rule language. No comments were received during the second comment period.
SUMMARY/RESPONSE TO COMMENTS RECEIVED AT THE FIRST PUBLIC HEARING
On November 13, 2019, the Environmental Rules Board (board) conducted the first public hearing/board meeting concerning the development of amendments to rules at
329 IAC 15-1 through
329 IAC 15-5 and new rules at
329 IAC 15-6 for the legitimate use of waste tires. No comments were made at the first hearing.
Authority:
IC 13-19-3-1;
IC 13-20-13-11;
IC 13-20-14-6
Sec. 1. (a) This article applies to the following:
(1)
A waste tire processing
operations operation as defined in
IC 13-11-2-250.5.
(3)
A waste tire
transporters transporter as defined in
IC 13-11-2-252.
(4)
Retailers as defined in IC 13-11-2-194(a) and other sources of waste tires. A mobile waste tire processing operation as defined in 329 IAC 15-2-4.8.
(5) A person that uses waste tires in a legitimate use, instead of disposal, in accordance with the requirements for the legitimate use of waste tires at 329 IAC 15-6.
(6) Other sources of waste tires.
(b) The provisions of
329 IAC 15-3 concerning waste tire storage site and waste tire processing operation certificates of registration do not apply to the following:
(1) A facility operated as a recycling solid waste processing facility under a valid permit issued by the commissioner.
(2) A site at which waste tires are stored under a recycling program approved by the commissioner.
(3) The site of (2) A facility that is used to retread tires at which fewer than five thousand (5,000) waste tires are present indoors within a completely enclosed structure.
(3) A facility used to store waste tires that will be sent to a retread facility for retreading if:
(A) fewer than five thousand (5,000) PTEs are present;
(B) all tires designated for retreading are stored indoors within a completely enclosed structure; and
(C) the facility can document, through receipts or contracts, that a retread facility will take the tires.
(4) A vehicle or container in which waste tires are stored for fewer less than thirty (30) days.
(5) A vehicle:
(A) that is properly licensed;
(B) that is capable of legally transporting waste tires; and
(C) in which waste tires are completely enclosed.
(6) Other uses of waste tires approved by the commissioner under one (1) of the following:
(7) A waste tire amnesty program sponsored by a local government or solid waste management district (SWMD) in accordance with the following:
(A) The local government or SWMD shall submit written notice to the department at least thirty (30) days in advance of each amnesty day that includes the following information:
(i) Date of the amnesty day.
(ii) Location of the amnesty day.
(iii) Name of the local government or SWMD sponsoring the amnesty program.
(iv) Destination for processing and disposal of the waste tires.
(v) If clause (B) is applicable, the written consent of the property owner or the property owner's authorized representative.
(B) If the local government or SWMD sponsoring a waste tire amnesty day does not own the property where the waste tires are collected or processed, the local government or SWMD shall obtain the written consent of the property owner or the property owner's authorized representative to use the property.
(C) Waste tires must be transported from the property by one (1) or more of the following:
(i) A person designated by the local government or SWMD to transport waste tires in accordance with this subdivision.
(ii) A registered waste tire transporter.
(D) Waste tires must be collected and processed by one (1) or more of the following:
(i) A person designated by the local government or SWMD to collect and process waste tires in accordance with this subdivision.
(ii) A registered waste tire processing operation.
(iii) A registered mobile waste tire processing operation.
(E) All waste tires must be processed or disposed within sixty (60) days after collection in accordance with the following:
(i) This article.
(F) The local government or SWMD may administer the waste tire amnesty program for not more than sixty (60) days in each calendar year, unless the commissioner has approved a longer period in writing.
(8) A facility that:
(A) manufactures tires; and
(B) keeps five thousand (5,000) or fewer waste tires indoors in an enclosed structure.
(9) The disposal of waste tires at a mineral extraction operation in accordance with IC 13-20-14-10.
(c) A retail operation that cuts or shreds waste tires generated by the retail operation is not subject to the provisions of 329 IAC 15-3 concerning a certificate of registration for a waste tire processing operation.
(Solid Waste Management Division; 329 IAC 15-1-1; filed Oct 10, 2000, 3:10 p.m.: 24 IR 317; errata filed Sep 8, 2004, 3:30 p.m.: 28 IR 214; filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
Authority:
IC 13-19-3-1;
IC 13-20-13-11;
IC 13-20-14-6
Sec. 2. This article is enforced under the following:
Authority:
IC 13-19-3-1;
IC 13-20-13-11;
IC 13-20-14-6
Sec. 1.
The definitions in IC 13-11-2 apply to this article. In addition to the definitions in
IC 13-11-2, the definitions in this rule apply throughout this article.
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 2.1. "Altered waste tire" means a waste tire that is modified by:
(1) shredding;
(2) chopping;
(3) cutting;
(4) drilling with holes;
(5) grinding; or
(6) any other method that changes the physical form of the waste tire.
(Solid Waste Management Division; 329 IAC 15-2-2.1)
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 4.2. "Electronic format" means one (1) or more of the following types of electronic media used for information or documents:
(1) Compact disc or digital video disc.
(2) Electronic mail or electronic mail attachments.
(3) File transfer protocol.
(4) Hypertext transfer protocol.
(5) Other electronic media approved by the department.
(Solid Waste Management Division; 329 IAC 15-2-4.2)
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 4.4. "Financial assurance" means a surety bond, trust fund, letter of credit, certificate of deposit, or insurance acquired by the owner or operator of the registered facility in an amount sufficient to provide for final closure at the registered facility in accordance with 329 IAC 15-3-21.
(Solid Waste Management Division; 329 IAC 15-2-4.4)
Authority:
IC 13-19-3-1;
IC 13-20-13-11
(Solid Waste Management Division, 329 IAC 15-2-4.6)
329 IAC 15-2-4.8 "Mobile waste tire processing operation" defined
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 4.8. "Mobile waste tire processing operation" means an operation that processes waste tires at more than one (1) location on a temporary basis on property that is not owned, leased, or otherwise operated by the operation.
(Solid Waste Management Division; 329 IAC 15-2-4.8)
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 5. "Nuisance" means one (1) or more of the following:
(1) Fugitive dust as defined
in the rules of the air pollution control board at
326 IAC 6-4-1.
(2) Disease vectors.
(3) Uncontrolled litter.
(4) Odors.
(5) Fire.
(6) Fire hazard,
as evidenced by an order from the state fire marshal that the
waste tire storage site or waste tire processing operation property is not in compliance with the Indiana Fire Code as adopted by the fire prevention and building safety commission at
675 IAC 22.
329 IAC 15-2-5.5 "Ongoing legitimate use approval" defined
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 5.5. "Ongoing legitimate use approval" means a determination by the commissioner that allows for the continuous or regular processing of waste tires for a legitimate use approved under 329 IAC 15-6.
(Solid Waste Management Division; 329 IAC 15-2-5.5)
329 IAC 15-2-8.5 "Passenger tire equivalent" or "PTE" defined
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 8.5. "Passenger tire equivalent" or "PTE" has the meaning set forth in IC 13-11-2-154.5.
(Solid Waste Management Division; 329 IAC 15-2-8.5)
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 13. "Used tire" means a tire that meets all of the following criteria:
(1) The tire is suitable for use on a motor vehicle as follows:
(A) The tire has at least two thirty-seconds (2/32) inch of remaining tread, or the tire wear bars are not exposed.
(B) The tire has no cuts, slashes, or exposed cord.
(2) The tire is stored in a rack, stack, or row
that:
(A) is accessible for inspection; and
(B) allows access for emergency equipment.
(3) The tire is stored out of the weather to prevent accumulation of water or precipitation in the tires.
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 13.2.
(a) "Waste tire"
as defined in has the meaning set forth in IC 13-11-2-250.
means a tire that is not suitable for the tire's original purpose.
(b) A used tire that meets all criteria in section 13 of this rule is not a waste tire.
(Solid Waste Management Division; 329 IAC 15-2-13.2; filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-2-13.3 "Waste tire processing operation" defined
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 13.3. "Waste tire processing operation"
as defined in has the meaning set forth in IC 13-11-2-250.5.
means an operation that processes waste tires by cutting, shredding, or grinding. The term does not include a retail operation that cuts or shreds waste tires generated by the retail operation.
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 13.4. "Waste tire storage site"
as defined in has the meaning set forth in IC 13-11-2-251.
means a site at which at least:
(1) one thousand (1,000) waste tires are accumulated outdoors or within a structure that is not completely enclosed; or
(2) two thousand (2,000) waste tires are accumulated indoors within a completely enclosed structure.
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 13.5. "Waste tire transporter"
as defined in has the meaning set forth in IC 13-11-2-252.
means a person who engages in the business of:
(1) accepting waste tires from retailers; and
(2) transporting the waste tires to one (1) or more other locations.
329 IAC 15-3-2 Requirements for waste tire storage sites
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 2.
(a) The owner or operator of a waste tire storage site shall:
(1) possess a valid certificate of registration issued under this rule;
(2) comply with:
(A) all applicable requirements of this rule; and
(B) the conditions in the certificate of registration; and
(3) maintain financial assurance as required by
329 IAC 15-5.
(b) The owner or operator of a registered waste tire storage site shall comply with subsection (a) at all times, including when less than one thousand (1,000) PTEs are at the registered waste tire storage site.
(c) The owner or operator of a waste tire storage site may not accumulate more than the amount of PTEs specified in IC 13-11-2-251 until the department issues a certificate of registration to the owner or operator.
(Solid Waste Management Division; 329 IAC 15-3-2; filed Oct 10, 2000, 3:10 p.m.: 24 IR 320; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-3-3 Registration of waste tire storage sites
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 3. (a) An application for
a certificate of registration
of for a waste tire storage site must:
(1) be submitted on a form provided by the department; The completed application form must
(2) contain all information requested on the form; and
(b) The following must be submitted with the application form
for a certificate of registration for a waste tire storage site:
(1) A United States Geological Survey (USGS) seven and one-half (7 1/2) minute topographic map or equivalent that shows the boundaries of the waste tire storage site.
(2) A legible map of the waste tire storage site
that shows all of on paper not less than eight and one-half (8 1/2) inches by eleven (11) inches in size that includes the following:
(A) Property boundaries.
(B) On-site buildings.
(C) Location, maximum length, maximum width, and maximum height of each waste tire storage area.
(D) Separation distances between waste tire
piles. storage areas and the following:
(i) Buildings.
(ii) Fences.
(iii) Property boundaries.
(iv) Other waste tire storage areas.
(v) Other accumulated materials that may:
(AA) be a fire hazard; or
(BB) restrict access to the waste tires.
(E) A scale ratio.
(F) An arrow to true north.
(3) A description of the following:
(A) Buildings, signs, notices, and alarms to be used for management of waste tires at the facility.
(B) The program that will be used to manage waste tires at the facility, including the following:
(i) The anticipated sources and amounts of incoming waste tires in PTEs.
(ii) The names and locations of the anticipated destinations of the waste tires.
(iii) The maximum number of waste tires in PTEs that can may be stored at the site at any time.
(iv) The method and schedule for the following:
(AA) Draining incoming waste tires.
(BB) Preventing waste tires from accumulating water.
(4) The contingency plan required by section 18 of this rule.
(6) Evidence of the financial assurance mechanism to be used to comply with the financial assurance requirements in
329 IAC 15-5.
(7)
The application fee required by IC 13-20-21-3. A plan for compliance with the waste tire management requirements specified in section 17 of this rule.
(c) If the application is for a location not owned by the applicant, the application must include the signature of the person who owns the property on which the waste tire storage site is located.
(b) Before beginning accumulation of waste tires, (d) The
person who applies applicant for a certificate of registration for a waste tire storage site shall submit
to the fire department with jurisdiction over the waste tire storage site a copy of the:
(1) completed application; and
(2) contingency plan required by section 18 of this rule. and
(3) map of the waste tire storage site required by subsection (a)(2);
to the fire department with jurisdiction over the waste tire storage site.
(c) (e) A separate certificate of registration is required for each waste tire storage site.
(d) (f) A new certificate of registration is required for a waste tire storage site that is relocated.
(g) An applicant may submit a copy of the application for a certificate of registration in electronic format as prescribed by the commissioner and in accordance with IC 13-14-13. Any documents submitted in an electronic format also must be submitted as a paper copy unless the commissioner makes a determination that only an electronic copy is needed.
(e) (h) Registration under this rule does not guarantee that
the a waste tire storage site complies with
other applicable:
(1) county or local ordinances; or
(2) state rules or statutes.
(Solid Waste Management Division; 329 IAC 15-3-3; filed Oct 10, 2000, 3:10 p.m.: 24 IR 320; filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-3-5 Requirements for waste tire processing operations
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 5. (a) The owner or operator of a waste tire processing operation shall:
(1) possess a valid certificate of registration; issued under this rule; and
(2) comply with:
(A) all applicable requirements of this rule; and
(B) the conditions in the certificate of registration.
(b) If a waste tire processing operation accumulates one thousand (1,000) or more PTEs, including all PTEs as calculated under section 20.5 of this rule, the owner or operator shall:
(1) register as a waste tire storage site; and
(2) comply with all applicable requirements for a waste tire storage site under this article.
(b) (c) A waste tire processing operation that is under contract to the department to remove process waste tires from a waste tire storage site is registered for the purposes of this article as long as that the waste tire processing operation complies with the terms of the contract.
(d) A waste tire processing operation that also operates as a mobile waste tire processing operation may operate under a single registration by complying with the applicable requirements of section 6 of this rule.
(e) The owner or operator of a waste tire processing operation may not process waste tires until the department issues a certificate of registration to the owner or operator.
(Solid Waste Management Division; 329 IAC 15-3-5; filed Oct 10, 2000, 3:10 p.m.: 24 IR 321; filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-3-6 Registration of waste tire processing operations
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 6. (a) An application for
a certificate of registration
of for a waste tire processing operation must:
(1) be completed on a form provided by the department; The completed application form must
(2) contain all information requested on the form; and
(b) The following must be submitted with the application form
for a certificate of registration for a waste tire processing operation:
(1) A United States Geological Survey seven and one-half (7 1/2) minute topographic map or equivalent that shows the boundaries of the waste tire processing operation.
(2) A legible map of the waste tire processing operation
that shows on paper not less than eight and one-half (8 1/2) inches by eleven (11) inches in size that includes the following:
(A) Property boundaries.
(B) On-site buildings.
(C) The Location, and dimensions maximum length, maximum width, and maximum height of each area to be used to hold waste tires for processing.
(D) Separation distances between waste tire holding areas and the following:
(i) Buildings.
(ii) Fences.
(iii) Property boundaries.
(iv) Other waste tire holding areas.
(v) Other accumulated materials
that may:
(AA) be a fire hazard; or
(BB) restrict access to the waste tires.
(E) A scale ratio.
(F) An arrow to true north.
(3) A description of the following:
(A) Buildings, signs, notices, and alarms to be used to manage waste tires at the facility.
(B) The program that will be used to manage waste tires at the facility, including the following:
(i) The anticipated sources and amounts of incoming waste tires in PTEs.
(ii) The names and locations of the anticipated destinations of the waste tires.
(iii) The method and schedule for the following:
(AA) Draining incoming waste tires.
(BB) Preventing waste tires from accumulating water.
(4) The contingency plan required by section 18 of this rule.
(5) A description of the measures the owner or operator will use to ensure that the operation will not accumulate
either of the following:
(A) one thousand (1,000) or more waste tires PTEs at any time outdoors or in a structure that is not completely enclosed unless the facility is also a registered waste tire storage site.
(B) Two thousand (2,000) or more waste tires indoors within a completely enclosed structure.
(6)
The application fee required by IC 13-20-21-3. A plan for compliance with the waste tire management requirements specified in section 17 of this rule.
(b) Except as provided in section 6.5 of this rule:
(1) a separate certificate of registration is required for each waste tire processing operation; and
(2) a new certificate of registration is required for a waste tire processing operation that is relocated.
(c)
Registration under this rule does not guarantee that the waste tire processing operation complies with applicable county or local ordinances. If the application for a certificate of registration is for a location not owned by the applicant, the application must include the signature of the person who owns the property on which:
(1) the waste tire processing operation is located; or
(2) for a mobile waste tire processing operation, each location where waste tire processing occurs.
(d) A separate certificate of registration is required for each location at which waste tire processing occurs, unless the registration is only for a mobile waste tire processing operation.
(e) A new certificate of registration is required when a waste tire processing operation that is not a mobile operation relocates to a new location.
(f) The owner or operator of a mobile waste tire processing operation shall:
(1) comply with the:
(A) requirements of subsection (a); and
(B) contingency plan requirements of either section 18 or 18.5 of this rule; and
(2) provide notice to the department of the location at which waste tires are being processed within thirty (30) days of initiating waste tire processing at each location, including the signature of the person who owns the property.
(g) A waste tire processing operation that operates as both a nonmobile and a mobile waste tire processing operation may operate under a single registration by complying with:
(1) the notification requirements under subsection (f)(2); and
(2) other applicable requirements under this article for a:
(A) mobile waste tire processing operation; and
(B) nonmobile waste tire processing operation.
(d) Before beginning processing of waste tires, (h) Unless a person is applying for a certificate of registration for only a mobile waste tire processing operation, the
person who applies applicant for a certificate of registration for a waste tire processing operation shall submit
to the fire department with jurisdiction over the waste tire processing operation a copy of the:
(1) completed application; and
(2) contingency plan required by section 18 of this rule. and
(3) map of the waste tire processing operation required by subsection (a)(2) to the fire department with jurisdiction over the waste tire processing operation.
(i) An applicant may submit a copy of the application for a certificate of registration in electronic format as prescribed by the commissioner and in accordance with IC 13-14-13. Any documents submitted in an electronic format also must be submitted as a paper copy unless the commissioner makes a determination that only an electronic copy is needed.
(j) Registration under this rule does not guarantee that a waste tire processing operation complies with other applicable:
(1) county or local ordinances; or
(2) state rules or statutes.
(Solid Waste Management Division; 329 IAC 15-3-6; filed Oct 10, 2000, 3:10 p.m.: 24 IR 321; errata filed Oct 23, 2000, 9:50 a.m.: 24 IR 688; filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-3-8 Approval of application for certificate of registration
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 8.
(a) The
department issues commissioner shall issue a certificate of registration to
a person who owns or operates the owner or operator of a waste tire storage site
that meets the following criteria: or waste tire processing operation, if the owner or operator:
(1) The owner or operator has submitted a completed application in accordance with section 3 of this rule. submits a complete and accurate application, including applicable fees; and
(2) The waste tire storage site complies with the all applicable requirements of this article.
(3) The owner or operator has established financial assurance in compliance with 329 IAC 15-5.
(b) The department issues a certificate of registration to a person who owns or operates a waste tire processing operation that meets the following criteria:
(1) The owner or operator has submitted a completed application in accordance with section 6 of this rule.
(2) The waste tire processing operation complies with the requirements of this article.
(Solid Waste Management Division; 329 IAC 15-3-8; filed Oct 10, 2000, 3:10 p.m.: 24 IR 321; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-3-10 Denial of certificate of registration
Authority:
IC 13-19-3-1;
IC 13-20-13-11;
IC 13-20-21-7
Sec. 10.
(a) The department may deny an application for a certificate of registration
under this rule as provided for
in IC 13-20-13-3(d). one (1) or more of the following reasons:
(1) The application for a certificate of registration is incomplete.
(2) The applicant has failed to comply with the applicable requirements of:
(C) this article.
(3) An enforcement action as defined under IC 13-11-2-67(a) is pending against the applicant.
(b) The department shall deny an application for a certificate of registration for failure to submit an application fee required under IC 13-20-21-3.
(Solid Waste Management Division; 329 IAC 15-3-10; filed Oct 10, 2000, 3:10 p.m.: 24 IR 322; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-3-11 Revocation or modification of a certificate of registration
Authority:
IC 13-19-3-1;
IC 13-20-13-11;
IC 13-20-21-10
Sec. 11.
(a) The commissioner may revoke or modify a certificate of registration
as provided for
at IC 13-20-13-5.5. one (1) or more of the following reasons:
(1) Failure to disclose all relevant facts.
(2) Making a misrepresentation in obtaining the registration.
(3) Within the time established by the department, failure to correct a violation of:
(A) a condition of the registration;
(C) applicable requirements of this article.
(4) Failure to obtain, maintain, or fund a financial assurance mechanism within the prescribed time limits, as required by this article.
(5) Failure to submit an annual operation fee required under IC 13-20-21-4.
(b) A registrant may submit a request for modification of the registration to the department that complies with the applicable requirements of this article for an application for registration. The commissioner shall:
(1) approve the request under section 8 of this rule; or
(2) deny the request under section 10 of this rule.
(c) A person aggrieved by the revocation or modification of a certificate of registration may appeal the revocation or modification under IC 13-20-13-5.5(b).
(Solid Waste Management Division; 329 IAC 15-3-11; filed Oct 10, 2000, 3:10 p.m.: 24 IR 322; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-3-12 Duration of a certificate of registration
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 12. A certificate of registration issued under this rule expires on the earlier of the following dates:
(1) Five (5) years after the date the certificate is issued unless a renewal application is submitted to the department in accordance with section 14 of this rule.
(2) The date the department notifies the owner or operator that final closure has been completed in accordance with section 21 of this rule.
329 IAC 15-3-13 Transferability of a certificate of registration and new owner or operator of a facility
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 13. (a) A certificate of registration issued under this rule is not transferable to another person.
(b) A certificate of registration is valid only for the location described specified in the application for the certificate of registration.
(c) A new owner or operator of a waste tire storage site or waste tire processing operation shall:
(1) apply for a new certificate of registration in accordance with the applicable requirements of this article; and
(2) obtain a valid certificate of registration issued by the commissioner before operating the facility.
(Solid Waste Management Division; 329 IAC 15-3-13; filed Oct 10, 2000, 3:10 p.m.: 24 IR 322; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-3-15 Annual submittals by a waste tire storage site
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 15.
(a) The owner or operator of a waste tire storage site shall submit the following to the department
no not later than January 31 of each year:
(3) The annual tire summary required by section 20 20(c) of this rule.
(b) Failure to submit an annual operation fee shall result in a delinquency charge and may result in a revocation of the certificate of registration in accordance with IC 13-20-21-10.
(Solid Waste Management Division; 329 IAC 15-3-15; filed Oct 10, 2000, 3:10 p.m.: 24 IR 322; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-3-16 Updating contact information in the registration
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 16. If the contact information provided in the application for the certificate of registration changes, the owner or operator of a waste tire storage site or waste tire processing operation shall provide the current contact information to the department no not more than thirty (30) days after the contact information provided in the application for the certificate of registration changes.
(Solid Waste Management Division; 329 IAC 15-3-16; filed Oct 10, 2000, 3:10 p.m.: 24 IR 322; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-3-17 Waste tire operational requirements
Authority:
IC 13-19-3-1;
IC 13-20-13-11;
IC 13-20-13-1.5
Sec. 17. (a)
Except as provided in subsection (j) for a mobile waste tire processing operation, the owner or operator of a waste tire storage site or a waste tire processing operation shall,
at all times, operate
that waste tire the storage site or
a waste tire processing operation in compliance with:
(1) this section; at all times; and
(2) Chapter 34 of the 2012 International Fire Code, First Printing*, as amended by 675 IAC 22-2.5-27.
(b) All wastewater from the waste tire storage site or waste tire processing operation must be discharged in accordance with
the rules of the water pollution control board at 327 IAC 5 and
327 IAC 15. If wastewater is discharged to an on-site system, the system must be approved
by the Indiana state department of health in accordance with
the rules of the Indiana state department of health at 410 IAC 6-10. 410 IAC 6-10.1.
(c) The
owner or operator of a waste tire storage site or waste tire processing operation
must may not do any of the following:
(1) Pose a threat to human health or the environment.
(2) Create a nuisance.
(d) Access to the waste tire storage site or waste tire processing operation must be is allowed only when operating personnel are on duty Access by persons who are not employees must be supervised at all times by the owner, the operator, or an employee of the waste tire storage site or waste tire processing operation. and must be controlled by the use of gates, fences, or other appropriate means of access.
(e) Subsection (d) does not apply to persons employed or contracted by federal, state, or local government agencies.
(f) (e) The
owner or operator of the waste tire storage site or waste tire processing operation
must shall maintain the following at the
waste tire storage site or
waste tire processing operation:
(1) A first aid kit.
(2) Fire extinguishing equipment that:
(A) complies with the Indiana Fire Code
as adopted by the fire prevention and building safety commission at
675 IAC 22*;
(B) is accessible at the storage site or processing operation; and
(C) is immediately accessible on-site while processing waste tires.
(3) A telephone or other communication system capable of contacting being used to contact the fire department and other emergency services.
(g) (f) Salvaging
must may not:
(1) interfere with the operation of the waste tire storage site or waste tire processing operation; or
(2) create a nuisance or a health hazard.
(h) (g) The owner or operator of a waste tire storage site or waste tire processing operation shall take all actions required to:
do the following:
(1) prevent the breeding of mosquitoes and other disease vectors; and
(2) control any mosquito population of mosquitoes and other disease vectors.
(i) The owner or operator of a waste tire storage site or a waste tire processing operation must not accept waste tires from a waste tire transporter that is not registered with the department in accordance with this article.
(j) (h) The owner or operator of a waste tire storage site or waste tire processing operation shall prevent water from accumulating in waste tires by doing all of the following:
(1) Waste tires must be drained:
(A) on the day of receipt; and
(B) as necessary thereafter to prevent accumulation of water in the waste tires.
(2) Within seven (7) days after receipt, whole waste tires must be:
(A) altered or modified so that the tire cannot hold water;
by:
(i) shredding;
(ii) chopping;
(iii) drilling with holes and stacking to assure drainage; or
(iv) slitting longitudinally and stacking so the tires will not collect water;
(B) covered; or
(C) otherwise prevented from accumulating water.
(3) Waste tires must not be stored in areas of standing water.
(k) (i) The owner or operator of a waste tire storage site shall only use a waste tire processing operation that is registered has a valid certificate of registration under this article. to process waste tires at the waste tire storage site.
(j) The owner or operator of a mobile waste tire processing operation shall only comply with subsections (c), (d), and (e) at each location where:
(1) waste tire processing occurs; and
(2) waste tires are accumulated for processing.
(k) The owner or operator of a waste tire storage site or waste tire processing operation shall calculate the number of stored PTEs in accordance with the requirements of section 20.5 of this rule.
(l) Retailers and other sources of waste tires shall only use waste tire processing operations that are registered under this article to process waste tires they generate.
*This document is incorporated by reference. Copies of the document may be obtained from the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204.
(Solid Waste Management Division; 329 IAC 15-3-17; filed Oct 10, 2000, 3:10 p.m.: 24 IR 322; filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
Authority:
IC 13-19-3-1;
IC 13-20-13-11;
IC 13-20-13-1.5
Sec. 17.5. (a) The owner or operator of a waste tire storage site or waste tire processing operation may propose an alternative design, compliance approach, or innovative technology other than a requirement specified in this rule, in accordance with this section.
(b) A submittal for an alternative proposal must:
(1) include documentation that specifies how the alternative proposal meets the corresponding waste tire management requirements of this rule;
(2) provide at least equivalent protection of human health and the environment; and
(3) comply with all applicable requirements of:
(A) this article; and
(B) other applicable rules and statutes.
(c) The commissioner shall:
(1) make a determination on the alternative proposal;
(2) provide written documentation describing the basis for the approval or denial of the proposal; and
(3) include the approval of the proposal in the certificate of registration.
(d) The commissioner may add conditions to the proposal and include the conditions in the certificate of registration in accordance with section 9 of this rule.
(Solid Waste Management Division; 329 IAC 15-3-17.5)
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 18. (a) The owner or operator of a waste tire storage site or a waste tire processing operation
that is not a mobile waste tire processing operation shall develop a contingency plan
that complies with this section and is designed to minimize the hazards to human health and the environment from: to address:
(1) fires or explosions;
(2) run-off resulting from fires or explosions; and
(3) mosquitoes that may breed in water accumulations in waste tires. and other disease vectors.
(b) The contingency plan must include the following:
(1) A description of the specific actions that site personnel must take:
(A) in response to the hazards listed in subsection (a); and
(A) fires or explosions;
(B) run-off resulting from fires or explosions; and to properly dispose of solid waste resulting from fires or explosions.
(C) mosquito breeding in waste tires;
(2) A list of the agencies to be notified in case of fire, explosion, or other emergency, with the telephone number of each agency,
This list must include: including the following:
(A) The fire department with jurisdiction for the site.
(B) The county and municipal law enforcement agencies that have jurisdiction over the site.
(C) The department; and Indiana department of environmental management, office of land quality, emergency response section at (317) 233-7745 for out-of-state calls, or (888) 233-7745 for in-state calls (toll-free in Indiana).
(D) The office of the state fire marshal.
(3) A statement that the entities listed in subdivision (2) will be notified immediately after discovery of one (1) of the conditions listed in subdivision (1). description of how the owner or operator will operate and maintain the facility to minimize hazards to human health and the environment.
(4) A description of the methods to be used to control mosquito breeding in waste tires. mosquitoes and other disease vectors.
(5) The name and title of the emergency response coordinator.
(6) The telephone numbers used to contact the emergency response coordinator, and any other methods, such as alternate telephone numbers, and pager numbers, to be used to contact the emergency response coordinator.
(7) The duties of the emergency response coordinator.
(c) A copy of the contingency plan and all
revisions amendments to the plan must be:
(1) maintained at:
(A) the waste tire storage site or waste tire processing operation; or at
(B) an alternate location approved by the department in the certificate of registration; and
(2) submitted to
all of the
following department and the fire department with jurisdiction over the waste tire storage site or waste tire processing operation within thirty (30) days
of after the date the:
(A) certificate of registration is issued; or the date the and
(B) contingency plan is amended under subsection (e).
(A) The department.
(B) The fire department with jurisdiction over the waste tire storage site or waste tire processing operation.
(d) The
owner or operator of the waste tire storage site or waste tire processing operation shall implement the contingency plan
must be carried out immediately whenever there is:
(1) a fire, explosion, or run-off resulting from a fire or explosion; or
(2) evidence of mosquitos or mosquitoes and other disease vectors. breeding in waste tires.
(e) The owner or operator of the waste tire storage site or waste tire processing operation shall review and amend the contingency plan within thirty (30) days if any of the following occurs:
(1) A change in the operation of the waste tire storage site or waste tire processing operation requires a change in the actions required to control the hazards listed in subsection (a).
(2) The actions described in the plan fail to control the an emergency situation when implemented.
(3) All or part of the contingency plan must be implemented in a manner different than described in the plan in an emergency.
(4) The list of emergency response coordinators changes.
(5) The department identifies deficiencies in the contingency plan and directs the owner or operator in writing to revise the contingency plan.
(f) After the discovery of one (1) or more of the conditions listed in subsection (a)(1) and (a)(2), the owner or operator of the waste tire storage site or waste tire processing operation shall immediately notify the entities listed in subsection (b)(2).
(Solid Waste Management Division; 329 IAC 15-3-18; filed Oct 10, 2000, 3:10 p.m.: 24 IR 323; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-3-18.5 Contingency plan for mobile waste tire processing operations
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 18.5. (a) The owner or operator of a mobile waste tire processing operation shall operate and maintain the mobile waste tire processing operation to minimize hazards to human health and the environment.
(b) The owner or operator of a mobile waste tire processing operation shall either develop a contingency plan in accordance with section 18 of this rule or develop an alternative contingency plan that:
(1) describes the actions the owner or operator shall take to protect human health and the environment in response to fires, explosions, or other emergencies that occur while processing waste tires on a property; and
(2) is applicable to all locations where waste tire processing occurs.
(c) The owner or operator of a mobile waste tire processing operation that develops an alternative contingency plan in accordance with subsection (b) shall:
(1) submit the plan to the department before initiating waste tire processing on a property;
(2) implement the plan when emergencies occur while processing waste tires on a property;
(3) maintain a copy of the plan and all revisions made to the plan at the place of business listed in the certificate of registration or at an alternate location approved by the commissioner in the certificate of registration; and
(4) make available to the department a copy of the plan upon request.
(d) The owner or operator of a mobile waste tire processing operation shall submit an amendment to the alternative contingency plan to the department for approval within thirty (30) days after the change.
(Solid Waste Management Division; 329 IAC 15-3-18.5)
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 20. (a) The owner or operator of a waste tire storage site or a waste tire processing operation shall
keep maintain the following records:
(2) A copy of The certificate of registration.
(3) If applicable, a financial assurance mechanism required by 329 IAC 15-5-1, updated with the most recent closure cost estimate.
(4) A daily record of PTE inventory as required under section 20.5 of this rule.
(b) The owner or operator of a waste tire storage site or waste tire processing operation shall
submit an annual tire summary to the department by January 31 of each year. The annual tire summary must cover the preceding calendar year. The annual tire summary must be submitted on the form provided by the commissioner and must include all information requested on the form. maintain records required by this section in accordance with the following:
(1) The records must be kept on-site at the waste tire storage site or waste tire processing operation.
(2) The records must be made available at the waste tire storage site or waste tire processing operation for inspection and copying by department during normal business hours.
(3) Waste tire manifests must be kept for at least three (3) years from creation or receipt.
(4) Certificates of registration and evidence of financial assurance mechanisms must be kept for at least one (1) year after expiration.
(c) The annual tire summary must be signed by:
(1) the owner or operator; or
(2) a person designated by the owner or operator who is responsible for preparing and reviewing those documents as part of the person's duties in the regular course of business.
(c) The owner or operator of a waste tire storage site or waste tire processing operation shall submit an annual tire summary to the department by January 31 of each year that must:
(1) be on a form provided by the department;
(2) include all the information requested on the form;
(3) be based on the daily PTE inventory calculations required under section 20.5 of this rule; and
(4) be signed by the owner or operator.
(d) The owner or operator of the waste tire storage site or waste tire processing operation shall do the following:
(1) Keep a copy of all waste tire manifests received from waste tire transporters for one (1) year;
(2) Make the waste tire manifests available at the waste tire storage site or waste tire processing operation during normal business hours for inspection and photocopying by the department.
(d) Falsification or misrepresentation of information required to be maintained under this article is a violation under IC 13-30-10.
(Solid Waste Management Division; 329 IAC 15-3-20; filed Oct 10, 2000, 3:10 p.m.: 24 IR 324; filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 20.5. (a) Each business day, the owner or operator of a waste tire storage site or waste tire processing operation shall record the number of PTEs that:
(1) arrive at the facility;
(2) leave the facility; and
(3) are currently stored at the facility.
(b) The daily calculation of PTEs on-site must include all whole and altered waste tires intended for:
(1) disposal;
(2) processing;
(3) alternative daily cover at a landfill; or
(4) any other use.
(Solid Waste Management Division; 329 IAC 15-3-20.5)
Authority:
IC 13-19-3-1;
IC 13-20-13-11;
IC 13-20-14
Sec. 21. (a)
Final closure The owner or operator of a waste tire storage site or waste tire processing operation
is completed when all of the following occur: completing final closure of a facility shall:
(1) cease all storage and or processing of waste tires; has stopped.
(2) All equipment used in the waste tire storage site or waste tire processing operation has been removed. remove from the facility and properly dispose of all waste tires in accordance with this article, including all PTEs calculated under section 20.5 of this rule; and
(3)
all waste tires have been: notify the department on a form provided by the department within thirty (30) days after completing the closure activities required by this subsection.
(A) collected;
(B) removed from the site; and
(C) disposed of properly in accordance with this article;
(4) all solid waste resulting from:
(A) operation of the waste tire storage site or waste tire processing operation; and
(B) any fire or explosion at the waste tire storage site or waste tire processing operation;
has been disposed of properly.
(b)
Final closure is complete when the commissioner notifies the owner or operator of the waste tire storage site
or waste tire processing operation in writing that:
(1) the department has received the notification required by subsection (a)(3);
(2) the final closure has been completed activities required by subsection (a)(1) and (a)(2) are complete; and
(3) for waste tire storage sites, the financial
responsibility assurance required by
329 IAC 15-5 is no longer required to be maintained.
(c) The commissioner may approve an alternative method of closure other than the requirements of this section if the alternative method of closure provides equivalent protection of human health and the environment as this section.
(Solid Waste Management Division; 329 IAC 15-3-21; filed Oct 10, 2000, 3:10 p.m.: 24 IR 326; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-4-1 Requirements for waste tire transporters
Authority:
IC 13-19-3-1;
IC 13-20-14-6
Sec. 1. (a) A person who
transports engages in the business of transporting waste tires shall:
(1) register with apply for a certificate of registration from the department as a waste tire transporter;
(2) hold a valid certificate of registration issued under this rule; and
(3) comply with:
(A) this article; and
(4) comply with (B) any conditions in the certificate of registration.
(b) The requirements for registration of waste tire transporters in this rule do not apply to a person who operates a
municipal waste collection and transportation vehicle licensed under IC 13-20-4. waste tire amnesty program in accordance with 329 IAC 15-1-1(b)(7).
Authority:
IC 13-19-3-1;
IC 13-20-14-6
Sec. 2. (a) An application for
a certificate of registration as a waste tire transporter must:
(1) be completed and submitted on a form provided by the department; and
(2) contain all the information requested on the form.
(b) The application
for a certificate of registration for a waste tire transporter must include the following information:
(1) The name of the person applying for registration as a waste tire transporter.
(2) The address of the applicant's principal office.
(3) The address of any offices maintained by the applicant in Indiana.
(4) Evidence of financial assurance that complies with
329 IAC 15-5.
(b) (c) The fee required by
IC 13-20-21 IC 13-20-21-3 must be submitted with the application form when the
application form is submitted to the
commissioner. department.
(d) An applicant may submit a copy of the application for a certificate of registration in electronic format as prescribed by the commissioner and in accordance with IC 13-14-13. Any documents submitted in an electronic format also must be submitted as a paper copy unless the commissioner makes a determination that only an electronic copy is needed.
(Solid Waste Management Division; 329 IAC 15-4-2; filed Oct 10, 2000, 3:10 p.m.: 24 IR 326; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-4-4 Approval of application for certificate of registration
Authority:
IC 13-19-3-1;
IC 13-20-14-6
Sec. 4. The commissioner
issues may issue a certificate of registration to a waste tire transporter
who: if the transporter:
(1) submits a complete and accurate application for a certificate of registration, including applicable fees; and
(2) establishes and maintains financial assurance in compliance with 329 IAC 15-5; and
(3) (2) complies with this rule and any conditions included in the certificate of registration. all applicable requirements of this article.
329 IAC 15-4-5 Conditions included in certificate of registration
Authority:
IC 13-19-3-1;
IC 13-20-14-6
Sec. 5.
(a) The commissioner may include, in a certificate of registration, conditions that ensure compliance with
IC 13-20-14 and this article, including a compliance schedule.
(b) A waste tire transporter shall comply with each condition all conditions included in the certificate of registration.
(Solid Waste Management Division; 329 IAC 15-4-5; filed Oct 10, 2000, 3:10 p.m.: 24 IR 327; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-4-6 Denial of certificate of registration
Authority:
IC 13-19-3-1;
IC 13-20-14-6;
IC 13-20-21-7
Sec. 6.
(a) The
commissioner department may deny an application for a certificate of registration
as provided for
in IC 13-20-14-5(h). one (1) or more of the following reasons:
(1) The application for registration is incomplete.
(2) The applicant has failed to comply with the applicable requirements of:
(C) this article.
(3) An enforcement action as defined under IC 13-11-2-67(a) is pending against the applicant.
(b) The department shall deny an application for a certificate of registration for failure to submit an application fee required under IC 13-20-21-3.
(Solid Waste Management Division; 329 IAC 15-4-6; filed Oct 10, 2000, 3:10 p.m.: 24 IR 327; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-4-7 Revocation or modification of certificate of registration
Authority:
IC 13-19-3-1;
IC 13-20-14-6;
IC 13-20-21-10
Sec. 7.
(a) The commissioner may revoke or modify a certificate of registration
as provided for
at IC 13-20-14-5.6. one (1) or more of the following reasons:
(1) Failure to disclose all relevant facts.
(2) Making a misrepresentation in obtaining the registration.
(3) Within the time established by the department, failure to correct a violation of:
(A) a condition of the registration;
(C) applicable requirements of this article.
(4) Failure to obtain, maintain, or fund a financial assurance mechanism within the prescribed time limits, as required by this article.
(5) Failure to submit an annual operation fee required under IC 13-20-21-4.
(b) A person aggrieved by the revocation or modification of the certificate of registration may appeal the revocation or modification under IC 13-20-14-5.6.
(Solid Waste Management Division; 329 IAC 15-4-7; filed Oct 10, 2000, 3:10 p.m.: 24 IR 327; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-4-8 Duration of certificate of registration
Authority:
IC 13-19-3-1;
IC 13-20-14-6
Sec. 8. A certificate of registration issued to a waste tire transporter under this rule expires on the earlier of the following dates:
(1) Five (5) years after the date the certificate is issued unless a renewal application is submitted to the department in accordance with section 10 of this rule.
(2) The date the department notifies the waste tire transporter under
329 IAC 15-5-12 329 IAC 15-5-12(b) that financial assurance is no longer required to be maintained.
329 IAC 15-4-11 Updating or modifying the registration
Authority:
IC 13-19-3-1;
IC 13-20-14-6
Sec. 11. (a) A waste tire transporter shall:
(1) notify the department in writing at least thirty (30) days before changing
(A) the business location of the waste tire transporter; or
(B) the destination facility for waste tires; and
(2) obtain approval from the department before changing subdivision (1)(A) or (1)(B). making a change.
(b) If any information provided in the application for the certificate of registration changes, other than the information listed in subsection (a), the waste tire transporter shall provide the current information to the department no not more than thirty (30) days after the information changes.
(c) The commissioner may request additional information to verify compliance with this article.
(Solid Waste Management Division; 329 IAC 15-4-11; filed Oct 10, 2000, 3:10 p.m.: 24 IR 327; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
Authority:
IC 13-19-3-1;
IC 13-20-14-6
Sec. 13. (a) A waste tire transporter shall prepare a manifest for each load of waste tires using the a form shown in Figure 1 provided by the department and including include all information requested on the form.
Figure 1.
(b) A waste tire transporter shall:
do all of the following:
(1) carry the manifest in the vehicle while transporting the waste tires described on the manifest;
(2) retain a copy of the manifest for one (1) year;
(3) (2) provide a copy of the completed manifest to the:
following:
(A) The waste tire generator; and
(B) The waste tire storage site, or waste tire processing operation that receives the destination facility for the waste tires; and
(4) (3) make a copy of the completed manifest available to the department upon request.
(c) A waste tire transporter may reproduce copies of the waste tire manifest form with complete information for the generator, transporter, and destination preprinted on the form as long as the:
(1) form is substantially identical to the waste tire manifest form in subsection (a); provided by the department; and
(2) preprinted information does not include waste tire amounts or signatures.
Authority:
IC 13-19-3-1;
IC 13-20-14-6
Sec. 14. (a) A waste tire transporter shall
report annually to the department the number of waste tires transported by the waste tire transporter during the previous year, using the form provided by the commissioner. maintain the following records:
(1) Copies of the transporter manifest forms required by section 13 of this rule.
(2) Certificate of registration.
(b) The annual report:
(1) is due on January 31;
(2) must cover the previous calendar year; and
(3) must be submitted with the annual registration fee required by section 3 of this rule.
(b) A waste tire transporter shall maintain records required by this section in accordance with the following:
(1) The records must be kept on-site at the place of business listed in the certificate of registration.
(2) The records must be made available at the place of business listed in the certificate of registration for inspection and copying by the department during normal business hours.
(3) Waste tire manifests must be kept for at least three (3) years from creation or receipt.
(4) The certificate of registration and evidence of financial assurance must be kept for at least one (1) year after expiration.
(c) A waste tire transporter shall submit an annual report to the department by January 31 of each year that must:
(1) be on a form provided by the department;
(2) include all the information requested on the form;
(3) include the number of PTEs transported by the waste tire transporter during the previous year;
(4) be submitted with the annual registration fee required by IC 13-20-21-4; and
(5) include documentation from the financial assurance issuing institution confirming that the financial assurance mechanism required by 329 IAC 15-5-2 is still in effect.
(d) Falsification or misrepresentation of information required to be maintained under this article is a violation under IC 13-30-10.
(Solid Waste Management Division; 329 IAC 15-4-14; filed Oct 10, 2000, 3:10 p.m.: 24 IR 329; filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-4-16 Termination of operation by a waste tire transporter
Authority:
IC 13-19-3-1;
IC 13-20-14-6
Sec. 16. When a registered waste tire transporter terminates operation, the waste tire transporter shall notify the department within thirty (30) days after termination on a form provided by the department.
(Solid Waste Management Division; 329 IAC 15-4-16)
329 IAC 15-5-1 Financial assurance for waste tire storage sites
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 1. The owner or operator of a waste tire storage site shall do the following:
(1) Submit the financial assurance information on forms provided by the department.
(1) (2) Prepare and submit to the department a closure cost estimate in accordance with section sections 3 and 3.5 of this rule.
(3) Fund the financial assurance mechanism before the initial operation of the waste tire storage site.
(4) Submit proof that the financial assurance mechanism designates the department as the beneficiary.
(2) (5) Maintain financial assurance for removal of waste tires and final closure of the site, in an amount equal to or greater than the closure cost estimate, using one (1) of the following mechanisms:
(A) A trust fund in accordance with section 5 of this rule.
(B) A surety bond in accordance with section 6 of this rule.
(C) A letter of credit in accordance with section 7 of this rule.
(D) Insurance in accordance with section 8 of this rule.
(3) (6) Maintain financial assurance for removal of waste tires and final closure of the site as required by this rule until the
department notifies the owner or operator of the waste tire storage site that final closure has been completed in accordance with 329 IAC 15-3-21; commissioner releases the owner or operator of the waste tire storage site from financial assurance in accordance with section 12(a) of this rule.
329 IAC 15-5-2 Financial assurance for waste tire transporters
Authority:
IC 13-19-3-1;
IC 13-20-14-6
Sec. 2.
(a) A waste tire transporter shall maintain financial assurance in the amount of at least ten thousand dollars ($10,000). The financial assurance
instrument must be:
(1) submitted on forms provided by the department;
(2) in the form of
a:
(1) a (A) bond for performance, executed by a corporate surety licensed to do business in Indiana, in accordance with section 9 of this rule;
(2) a (B) negotiable certificate of deposit in accordance with section 10 of this rule; or
(3) a (C) negotiable letter of credit in accordance with section 11 of this rule; and
(3) payable to the department and conditional upon
faithful compliance with:
(B) this article.
(b) The waste tire transporter shall:
(1) fund the financial assurance mechanism before the initial transport of waste tires; and
(2) maintain the financial assurance mechanism until the department releases the waste tire transporter from financial assurance in accordance with section 12(b) of this rule.
(Solid Waste Management Division; 329 IAC 15-5-2; filed Oct 10, 2000, 3:10 p.m.: 24 IR 329; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 3. (a) The owner or operator of a waste tire storage site shall submit to the department a written estimate of the cost of completing final closure of the site in accordance with:
329 IAC 15-3-21.
(2) an alternative method of closure approved by the commissioner under 329 IAC 15-3-21(c).
(b) The owner or operator of a waste tire storage site shall submit the original closure cost estimate
must be submitted on a form provided by the department with the application for a certificate of registration. The closure cost estimate must include the following:
(1) The methods that will be used to remove and properly dispose of all waste tires stored at the site.
(2) The final destination of all waste tires removed from the site.
(3) The name and address of the contractor or contractors to be used to remove the waste tires and complete final closure of the site.
(4) The estimated cost of completing all activities required by:
329 IAC 15-3-21.
(B) an alternative method of closure approved by the commissioner under 329 IAC 15-3-21(c).
(b) (c) The closure cost estimate must be based on the cost of
removing a third party to:
(1) remove the maximum
allowable number of
waste tires that can be accumulated at the site at any time; PTEs that is specified in the certificate of registration and calculated in accordance with 329 IAC 15-3-20.5;
(2) send the maximum number of allowable PTEs to a final destination; and
(3) complete any other tasks necessary for final closure of the site as required by:
(B) an alternative method of closure approved by the commissioner under 329 IAC 15-3-21(c).
(c) The closure cost estimate must be based on the projected costs of contracting a third party to complete final closure of the site. The closure cost estimate must include all costs for all activities required by 329 IAC 15-3-21.
(d) A closure cost estimate that is based on any removal method other than landfill disposal must be supported by documentation showing all costs for the removal method.
(d) (e) Once the owner or operator of a waste tire storage site has completed
an activity all closure activities required in
329 IAC 15-3-21, the owner or operator may
revise:
(1) revise the closure cost estimate indicating that the activity has been completed; and
(2) revise that element of the closure cost estimate to zero (0).
(Solid Waste Management Division; 329 IAC 15-5-3; filed Oct 10, 2000, 3:10 p.m.: 24 IR 329; filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-5-3.5 Annual update of closure cost estimate
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 3.5.
(a) The owner or operator of a waste tire storage site shall submit to the department
a revised an updated written closure cost estimate:
(1) annually, not later than January 31 of each year; and
(2) whenever not more than thirty (30) days after a change in the removal closure plan that increases the closure cost estimate;
(3) that includes documentation from the financial assurance issuing institution confirming that the financial assurance mechanism required by section 1 of this rule is still in effect; and
(4) that is on a form provided by the department.
(b) The revised updated closure cost estimate must meet the requirements of section 3 of this rule.
(c) After submitting an updated closure cost estimate to the department in accordance with this section, the owner or operator of a waste tire storage site shall update the financial assurance mechanism not more than thirty (30) days after the submittal.
(Solid Waste Management Division; 329 IAC 15-5-3.5; filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-5-4 Use of financial assurance mechanism for multiple waste tire storage sites and waste tire transporters
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 4. (a) The owner or operator of a waste tire storage site may use a single financial
responsibility assurance mechanism to meet the
financial assurance requirements for:
(1) more than one (1) facility, waste tire storage site; and
(2) any waste tire transporters also registered by the owner or operator.
(b) Evidence of financial
responsibility assurance submitted to the department
to comply with this section must:
include a list showing, for each facility:
(1) the registration number of the waste tire storage site; be on a form provided by the department; and
(2) name and address of the waste tire storage site; and contain all information requested on the form.
(3) the amount of funds available in the financial mechanism.
(b) (c) The amount of funds available through the mechanism must be no not less than the sum of funds that would be available if a separate mechanism had been established and maintained for each waste tire storage site or waste tire transporter.
(Solid Waste Management Division; 329 IAC 15-5-4; filed Oct 10, 2000, 3:10 p.m.: 24 IR 330; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 5. (a) The owner or operator of a waste tire storage site may comply with this section by establishing a trust agreement on:
(1) forms provided by the department; or
(2) other forms approved by the department.
(b) Each trust agreement must do the following:
(1) Identify facilities and corresponding closure cost estimates covered by the trust agreement.
(2) Establish a trust fund, in an amount determined by section 3 of this rule, that guarantees that payments from that fund either:
(A) reimburse the owner or operator of the waste tire storage site for department-approved closure work done; or
(B) pay the department for doing required closure work.
(3) Require that annual valuations of the trust fund be submitted to the department.
(4) Require successor trustees to notify the department, in writing, of their appointment at least ten (10) days before the effective date of the appointment.
(5) Require the trustee to notify the department, in writing, of the failure of the owner or operator of the waste tire storage site to make a required payment into the fund.
(6) Establish that the trust is irrevocable unless terminated, in writing, with the approval of the:
(A) owner or operator of the waste tire storage site;
(B) trustee; and
(C) department.
(7) Certify that the signer of the trust agreement for the owner or operator of the waste tire storage site was duly authorized to bind the owner or operator of the waste tire storage site.
(8) All signatures must be notarized by a notary public commissioned to be a notary public in Indiana at the time of the notarization.
(9) Establish that the trustee is:
(A) authorized to act as a trustee; and is
(B) an entity whose operations are regulated and examined by a federal or state of Indiana agency.
(10) Require that annual payments into the fund be made within thirty (30) days of after each anniversary of the initial payment.
(c)
The owner or operator of the waste tire storage site shall make payments into the trust
must be made fund as follows:
(1) The owner or operator of the waste tire storage site shall make a payment into the trust fund each year during the pay-in period.
(2) The maximum pay-in period is five (5) years. The pay-in period commences on the date the site first receives waste tires.
(3) Annual payments are determined by the following formula:
| | |
| Annual Payment = | CE - CV | |
| Y | |
| | | |
| Where: | CE | = | Current cost estimate. |
| | CV | = | Current value of the trust fund. |
| | Y | = | Number of years remaining in the pay-in period. |
(4) The owner or operator of the waste tire storage site shall:
(A) make the initial payment before the beginning of the pay-in period; The owner or operator of the waste tire storage site shall also, before the beginning of the pay-in period, and
(B) submit to the department a receipt from the trustee for this first annual payment.
(5) Subsequent payments must be made no not later than thirty (30) days after each anniversary of the first payment.
(6) The owner or operator of the waste tire storage site may accelerate payments into the trust fund or may deposit the full amount of the current cost estimate at the time the fund is established.
(7) The owner or operator of the waste tire storage site shall maintain the value of the fund at no not less than the value would have been if annual payments were made as specified in subdivision (3).
(8) If the owner or operator of the waste tire storage site establishes a trust fund after having used one (1) or more alternative mechanisms, the first payment must be in at least the amount the fund would contain if the trust fund were established initially and payments had been made as provided in subdivision (3).
(d) The trustee shall evaluate the trust fund annually, as of the day the trust fund was created or on such an earlier date as may be if provided in the agreement. The trustee shall notify the owner or operator of the waste tire storage site and the department within thirty (30) days after the evaluation date. of the trust fund.
(e)
The owner or operator of the waste tire storage site may request release of excess funds
may be requested as follows:
(1) If the value of the financial assurance is greater than the total amount of the current cost estimate, the owner or operator of the waste tire storage site may submit a written request to the department for release of the amount in excess of the current cost estimate.
(2) Within sixty (60) days after receiving a request from the owner or operator of the waste tire storage site for a release of funds, the department shall instruct the trustee to release to the owner or operator of the waste tire storage site such the funds as that the department specifies in writing to be in excess of the current cost estimate.
(f)
The owner or operator of the waste tire storage site may request reimbursement for removal expenses
may be requested as follows:
(1) After initiating removal, the owner or operator of the waste tire storage site, or any other person authorized to perform removal, may request reimbursement for removal expenditures by submitting itemized bills to the department.
(2) Within sixty (60) days after receiving the itemized bills for removal activities, the department shall determine whether the expenditures are in accordance with the removal plan. The department shall instruct the trustee to make reimbursement in such amounts as that the department specifies in writing in accordance with the removal plan.
(3) If the department determines, based on available information, that the cost of removal will be greater than the value of the trust fund, the department shall withhold reimbursement of
such amounts necessary to accomplish removal until it is determined that the owner or operator of the waste tire storage site is no longer required to maintain financial assurance for removal. In the event the fund is inadequate to pay all claims, the department shall pay claims according to the following priority:
(A) A person with whom the department has contracted to perform removal activities.
(B) A person who has completed removal authorized by the department.
(C) A person who has completed work that furthered the removal.
(D) The owner or operator of the waste tire storage site and related business entities.
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 6. (a) The owner or operator of a waste tire storage site may comply with this rule by establishing a surety bond on:
(1) forms provided by the department; or
(2) other forms approved by the department.
(b) All surety bonds must contain the following:
(1) The establishment of penal sums in the amount determined by section 3 of this rule.
(2) Provision that the surety will be company is liable to fulfill the closure obligations upon notice from the department that the owner or operator of the waste tire storage site has failed to do so.
(3) Provision that the surety company may not cancel the bond without first sending notice of cancellation by certified mail to the owner or operator of the waste tire storage site and the department at least one hundred twenty (120) days before the effective date of the cancellation.
(4) Provision that the owner or operator of the waste tire storage site may not terminate the surety bond without prior written authorization by the department.
(5) Provision that the surety company shall do either of the following if the bond guarantee is exercised:
(A) If a standby trust is established in accordance with subsection (c), deposit all payments made directly into the standby trust fund.
(B) If the financial assurance amount is less than twenty thousand dollars ($20,000) and a standby trust fund is not established, submit all payments directly to the department.
(c)
If the financial assurance amount determined under this rule is twenty thousand dollars ($20,000) or more, the owner or operator of the waste tire storage site shall establish a standby trust fund to be:
(1) utilized in the event the owner or operator of the waste tire storage site fails has failed to fulfill closure obligations and the bond guarantee is exercised; such a trust fund must be established; and
(2) in accordance with section 5 of this rule.
(d) The surety company issuing the bond must be:
(1) among those listed as acceptable sureties for federal bonds in the most recent Circular 570* of the United States Department of the Treasury; and
(2) authorized to do business in Indiana.
(e) The surety will company is not be liable for deficiencies in the performance of closure by the owner or operator of the waste tire storage site after the department releases the owner or operator in accordance with section 12 of this rule.
*This document is available for viewing at https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm and may be obtained from the United States Department of the Treasury, Bureau of the Fiscal Service, Surety Bond Program, 3700 East West Highway, Room 6D22, Hyattsville, MD 20782.
(Solid Waste Management Division; 329 IAC 15-5-6; filed Oct 10, 2000, 3:10 p.m.: 24 IR 331; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 7. (a) The owner or operator of a waste tire storage site may comply with this rule by establishing a letter of credit on:
(1) forms provided by the department; or
(2) other forms approved by the department.
(b) All letters of credit must contain the following:
(1) The establishment of credit in the amount determined by section 3 of this rule.
(2) Irrevocability.
(3) An effective period of at least one (1) year and automatic extensions for periods of at least one (1) year unless the issuing institution provides written notification of cancellation by certified mail to both the owner or operator and the department at least one hundred twenty (120) days before the effective date of cancellation.
(4) Provision that, upon written notice from the commissioner, the
issuing institution
issuing for the letter of credit
will: shall comply with the following:
(A) State that the obligations of the owner or operator of the waste tire storage site have not been fulfilled. and
(B)
Do either of the following:
(i) If a standby trust fund is established in accordance with subsection (c), deposit funds equal to the amount of credit required under subdivision (1) into a the standby trust fund. to be used to ensure closure obligations of the owner or operator are fulfilled.
(ii) If the amount of credit required is less than twenty thousand dollars ($20,000) and a standby trust fund is not established, submit payments equal to the amount of credit required under subdivision (1) directly to the department.
(c)
If the financial assurance amount determined under this rule is twenty thousand dollars ($20,000) or more, the owner or operator of the waste tire storage site shall establish a standby trust fund to be:
(1) utilized in the event the owner or operator of the waste tire storage site fails has failed to fulfill closure obligations and the letter of credit is utilized; Such a trust fund must be established; exercised; and
(2) in accordance with section 5 of this rule.
(d) The issuing institution must be an entity:
(1) that has the authority to issue letters of credit; and
(2) whose letters of credit operations are regulated and examined by a federal or state of Indiana agency.
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 8. (a) The owner or operator of a waste tire storage site may comply with this rule by providing evidence of insurance on:
(1) forms provided by the department; or
(2) other forms approved by the department.
(b) All insurance must include the following requirements:
(1) The establishment of credit in the amount determined by section 3 of this rule.
(2) Provision that the insurer shall make payments
(A) in any amount not to exceed the amount insured; and
(B) to any person authorized by the department,
if the department notifies the insurer in writing that the owner or operator of the waste tire storage site has failed to perform final closure.
(3) Provision that the owner or operator of the waste tire storage site shall maintain the policy in full force and effect unless the department consents in writing to termination of the policy.
(4) Provision that the insurer may not cancel, terminate, or fail to renew the policy unless the owner or operator of the waste tire storage site fails to pay the premium. No cancellation, termination, or failure to renew may occur unless the department and the owner or operator of the waste tire storage site are notified by the insurer in writing through certified mail at least one hundred twenty (120) days before such the event.
(c)
In Indiana, the insurer shall either be:
(1) licensed to transact the business of insurance; or be
(2) eligible to provide insurance as an excess or surplus lines insurer. in one (1) or more states.
Authority:
IC 13-19-3-1;
IC 13-20-14-6
Sec. 9. (a) A waste tire transporter may comply with this rule by establishing a performance bond on:
(1) forms provided by the department; or
(2) other forms approved by the department.
(b) All performance bonds must contain the following:
(1) The establishment of penal sums in the amount of at least not less than ten thousand dollars ($10,000).
(2) Provision that the surety will be company is liable to fulfill the obligations of the waste tire transporter upon notice from the department that the waste tire transporter has failed to fulfill all its obligations of this article.
(3) Provision that the surety company may not cancel the bond without first sending notice of cancellation by certified mail to the waste tire transporter and the department at least one hundred twenty (120) days before the effective date of the cancellation.
(4) Provision that the waste tire transporter may not terminate the bond without prior written authorization by the department.
(5) Provision that the surety
will company shall pay to the department
for deposit in the waste tire management fund established by IC 13-20-13-8, the entire amount of the penal sum
described in required under subdivision (1),
if the surety company is notified in
writing by the
event commissioner that the waste tire transporter
fails has failed to fulfill
all its obligations under this article.
(c) The waste tire transporter shall establish a standby trust fund to be utilized in the event the waste tire transporter fails to fulfill all obligations under this article and the bond guarantee is exercised. Such a trust fund must be established in accordance with section 5 of this rule.
(d) (c) The surety company issuing the bond must be among those listed as acceptable sureties for federal bonds in the most recent Circular 570* of the United States Department of the Treasury.
(e) (d) The surety will company is not be liable for deficiencies in the performance of the waste tire transporter after the department releases the waste tire transporter in accordance with section 12 of this rule.
*This document is available for viewing at https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm and may be obtained from the United States Department of the Treasury, Bureau of the Fiscal Service, Surety Bond Program, 3700 East West Highway, Room 6D22, Hyattsville, MD 20782.
(Solid Waste Management Division; 329 IAC 15-5-9; filed Oct 10, 2000, 3:10 p.m.: 24 IR 332; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-5-10 Negotiable certificate of deposit
Authority:
IC 13-19-3-1;
IC 13-20-14-6
Sec. 10. (a) A waste tire transporter may comply with this rule by establishing a negotiable certificate of deposit that meets the requirements of this section.
(b) A negotiable certificate of deposit must contain the following:
(1) A principal amount of not less than ten thousand dollars ($10,000).
(2) Provision that the certificate of deposit may not be withdrawn by the waste tire transporter unless released in writing by the department under section 12 of this rule.
(3) The principal must be deposited for a period of at least one (1) year, with automatic redeposit thereafter for periods of at least one (1) year unless the issuing institution provides written notification of cancellation by certified mail to both the waste tire transporter and the department at least one hundred twenty (120) days before the date on which the certificate of deposit matures.
(4) Provision that the certificate of deposit must be payable to the department
for deposit in
an amount equal to the
waste tire management fund established principal amount required under subdivision (1), if the issuing institution is notified in writing by
IC 13-20-13-8, upon written notice from the commissioner
stating that
the waste tire transporter has failed to fulfill its obligations
of the waste tire transporter under this article.
have not been fulfilled.
(c) The issuing institution must be an entity that has the authority to issue certificates of deposit and whose operations are regulated and examined by a federal agency or an state of Indiana agency. or department of the state.
(Solid Waste Management Division; 329 IAC 15-5-10; filed Oct 10, 2000, 3:10 p.m.: 24 IR 333; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
Authority:
IC 13-19-3-1;
IC 13-20-14-6
Sec. 11. (a) A waste tire transporter may comply with this rule by establishing a negotiable letter of credit on:
(1) forms provided by the department; or
(2) other forms approved by the department.
(b) All negotiable letters of credit must contain the following:
(1) The establishment of credit in the amount of not less than ten thousand dollars ($10,000).
(2) Irrevocability.
(3) An effective period of at least one (1) year and automatic extensions thereafter for periods of at least one (1) year unless the issuing institution provides written notification of cancellation by certified mail to both the waste tire transporter and the department at least one hundred twenty (120) days before the effective date of cancellation.
(4) Provision that the
issuing institution
will deposit funds shall make payments to the department in an amount equal to the amount of credit
into the waste tire management fund established by IC 13-20-13-8 to be used to ensure that all obligations of the waste tire transporter required under
this article are fulfilled, subdivision (1), if notified in writing by the commissioner that the
waste tire transporter has failed to fulfill its obligations
of the waste tire transporter have not been fulfilled. under this article.
(c) The waste tire transporter shall establish a standby trust fund to be utilized in the event the waste tire transporter fails to fulfill all obligations under this article and the letter of credit is utilized. Such a trust fund must be established in accordance with the requirements of section 5 of this rule.
(d) (c) The issuing institution must be an entity that has the authority to issue letters of credit and whose letters of credit operations are regulated and examined by a federal agency or an state of Indiana agency. or department of the state.
(Solid Waste Management Division; 329 IAC 15-5-11; filed Oct 10, 2000, 3:10 p.m.: 24 IR 333; readopted filed Nov 30, 2006, 4:16 p.m.: 20061227-IR-329050168FRA; readopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFA)
329 IAC 15-5-12 Release of financial assurance obligations
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 12. (a)
The owner or operator of a waste tire storage site is released from the obligation to maintain financial assurance when:
(1) the requirements for final closure in
329 IAC 15-3-21 have been completed, the department will notify the owner or operator of the waste tire storage site in writing that financial responsibility is no longer required to be maintained; 329 IAC 15-3-21(a) or an alternative method of closure approved by the commissioner under 329 IAC 15-3-21(c) are complete; and
(2) the commissioner has notified the trustee or issuing institution of the financial assurance mechanism that the owner or operator may be released from financial assurance.
(b)
When A waste tire transporter
has: is released from the obligation to maintain financial assurance when:
(1)
stopped transporting waste tires for a period of one hundred eighty (180) days; the waste tire transporter has:
(A) notified the department of the termination of operations in accordance with 329 IAC 15-4-16; and
(2) (B) completed all activities required by the department under this article; the department will notify the waste tire transporter in writing that financial responsibility is no longer required to be maintained. and
(2) the commissioner has notified the trustee or issuing institution of the financial assurance mechanism that the waste tire transporter may be released from financial assurance.
Rule 6. Legitimate Use of Waste Tires
329 IAC 15-6-1 General provisions for the legitimate use of waste tires
Authority:
IC 13-19-1-2;
IC 13-19-3-1;
IC 13-19-3-1.3;
IC 13-20-13-11
Sec. 1. (a) This rule applies to the legitimate use, instead of disposal, of waste tires in accordance with:
(3) this article.
(b) A person may use waste tires in a legitimate use if the:
(1) legitimate use is specified in section 3 of this rule; or
(2) commissioner issues an approval for a legitimate use under section 4 of this rule.
(c) A person that uses waste tires in a legitimate use shall comply with the applicable requirements of this article.
(d) A person may not use waste tires in a way that creates a threat to human health or the environment, including the following:
(1) A fire hazard.
(2) A vector attraction.
(3) A nuisance.
(4) Discharge to waters.
(5) Violation of environmental management laws or rules.
(6) Other uses that are not considered to be legitimate uses, including the following:
(A) A fill application constituting disposal as defined at IC 13-11-2-57.
(C) A use that is primarily to avoid the costs and requirements associated with the processing and disposal of waste tires.
(e) Unless otherwise noted, the requirements of this rule for the legitimate use of waste tires do not apply to the following:
(1) Approvals issued by the commissioner under 329 IAC 10-3-1(16) and 329 IAC 11-3-1(13) for the legitimate use of waste tires before the effective date of this rule.
(2) Use of waste tires in the construction or operation of a solid waste land disposal facility in accordance with a solid waste land disposal facility permit issued under 329 IAC 10.
(Solid Waste Management Division; 329 IAC 15-6-1)
329 IAC 15-6-2 Management of waste tires in a legitimate use as solid waste
Authority:
IC 13-19-1-2;
IC 13-19-3-1;
IC 13-19-3-1.3;
IC 13-20-13-11
Sec. 2. (a) A person is not subject to the applicable solid waste management requirements for waste tires under 329 IAC 10, 329 IAC 11, and this article, if the person:
(1) uses waste tires in a legitimate use as specified in section 3 of this rule or receives an approval from the commissioner under section 4 of this rule for the legitimate use of waste tires; and
(2) complies with the requirements of this rule for the legitimate use of waste tires.
(b) The commissioner may determine a legitimate use of waste tires to be an open dump, in accordance with IC 13-11-2-146, IC 13-30-2-1(4), and IC 13-30-2-1(5), for any of the following reasons:
(1) The legitimate use is no longer serving the purpose specified in section 3 of this rule or the approval issued under section 5 of this rule.
(2) The legitimate use is modified without the approval required under section 6(a)(2) of this rule.
(3) The legitimate use violates conditions of the legitimate use approval issued under section 5 of this rule.
(4) The legitimate use poses an unreasonable threat to human health or the environment, as specified in section 1(d) of this rule.
(c) If the commissioner determines that a legitimate use of waste tires is an open dump under subsection (b), the person using waste tires in the open dump shall remove and dispose of the waste tires in accordance with section 10 of this rule, unless the commissioner approves a modification under section 5(a)(2) of this rule.
(Solid Waste Management Division; 329 IAC 15-6-2)
329 IAC 15-6-3 Preapproved legitimate uses of waste tires
Authority:
IC 13-19-1-2;
IC 13-19-3-1;
IC 13-19-3-1.3;
IC 13-20-13-11
Sec. 3. (a) A person using waste tires in a legitimate use specified in subsection (b) shall comply with:
(1) the applicable requirements in sections 6 through 10 of this rule; and
(2) other applicable federal, state, and local laws, regulations, and ordinances pertaining to the specific activity.
(b) A person may use waste tires for the following legitimate uses without submitting an application to the department:
(1) The use of tire chips as an aggregate in soil absorption systems for on-site sewage systems, in accordance with the following:
(A) The on-site sewage system is approved by:
(i) the Indiana state department of health; or
(ii) a local health department that is authorized by the Indiana state department of health.
(B) Any layer of tire chips may not be thicker than ten (10) feet.
(2) The use of tire chips as playground mulch that meets ASTM F3012-14*, Standard Specification for Loose-Fill Rubber for Use as a Playground Safety Surface under and around Playground Equipment.
(3) The use of tire-derived crumb rubber as a playing or recreational surface that meets ASTM 1292-17a*, Standard Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment.
(4) The use of tire-derived crumb rubber for athletic fields that are:
(A) size No. 6 through No. 200 mesh for crumb rubber; and
(B) wire free.
(5) The use of tire chips for landscaping mulch that are:
(A) less than two (2) inches in size for any dimension; and
(B) wire free.
(6) Rubber molded or extruded products.
(7) Precision-cut, precision-punched, or precision-stamped rubber products that qualify for sale as consumer goods.
(8) Weights to restrain a tarp or other cover material that are altered to prevent the accumulation of water.
(9) The use of waste tire sidewalls as a base for traffic barrels or cones.
(10) Alternative fuel at a facility that is registered to accept waste tires as alternative fuel under 329 IAC 11.7.
(11) Race track barriers that are altered to prevent the accumulation of water.
(12) Base or bedding in dairy freestall barns that are altered to prevent the accumulation of water.
*These documents are incorporated by reference. Copies may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204.
(Solid Waste Management Division; 329 IAC 15-6-3)
329 IAC 15-6-4 Application for legitimate use of waste tires
Authority:
IC 13-19-1-2;
IC 13-19-3-1;
IC 13-19-3-1.3;
IC 13-20-13-11
Sec. 4. (a) For a proposed legitimate use of waste tires that is not specified in section 3 of this rule, a person shall obtain an approval from the commissioner in accordance with this section before the person may use waste tires in the legitimate use.
(b) A person that intends to use waste tires for a legitimate use that is not specified in section 3 of this rule must submit an application to the department for a legitimate use of waste tires on a form provided by the department that includes the following information:
(1) The name, address, and contact information of the applicant.
(2) The location and address of the property where the legitimate use is proposed.
(3) If the owner of the property where the legitimate use is proposed is not the person submitting the application, the following information:
(A) Name, address, and contact information of the property owner.
(B) Written consent and signature from the property owner.
(4) The amount of waste tires in PTEs expected to be used for the legitimate use.
(5) The sources of the waste tires expected to be used for the legitimate use.
(6) The locations of waste tire storage areas expected to be used for the legitimate use, if the locations are not at a registered waste tire processing operation or waste tire storage site.
(7) A detailed description of the following:
(A) The legitimate use.
(B) A justification for the legitimate use of waste tires, including how the legitimate use:
(i) is a comparable substitute for an analogous material normally used for the specified purpose;
(ii) achieves the specified purpose; and
(iii) is commercially valuable for an established or emerging market.
(C) How the person using waste tires in a legitimate use will prevent nuisances during the legitimate use.
(8) Engineering diagrams, testing, plans, or specifications for the legitimate use, if applicable for the specified purpose.
(9) Plans for the legitimate use as a structure or structural fill, including certification from a professional engineer registered under IC 25-31, if applicable for the specified purpose.
(10) Other supporting documentation for the information required in this subsection.
(11) Other information that the commissioner deems necessary to comply with the requirements of this rule.
(c) The commissioner shall consider the following to make a determination on an application:
(1) The person has submitted a complete and accurate application, in accordance with this section.
(2) The person complies with all applicable requirements of this rule for the legitimate use of waste tires.
(3) Any additional information that the commissioner deems necessary to verify compliance with the requirements of this rule.
(d) After review of the application, the commissioner shall provide written notification to the applicant with one (1) of the following determinations:
(1) Approval of the application that may include specific conditions applicable to the approved legitimate use.
(2) Request for additional information for the application before making a determination. Within thirty (30) days after the request for additional information, the applicant shall do one (1) of the following:
(A) Withdraw the application with a written notification to the commissioner.
(B) Submit the requested information or agree to the requested changes.
(C) Submit a written request and receive approval from the commissioner for an extension of time to comply with the commissioner's request for additional information.
(3) Denial of the application, for one (1) or more of the following reasons:
(A) The application is incomplete.
(B) The applicant has failed to comply with the requirements of this article.
(C) An enforcement action is pending against the applicant.
(D) The applicant does not submit the additional information that the commissioner requested under subdivision (2) within thirty (30) days after the request.
(e) An applicant may submit a copy of the application for a legitimate use of waste tires in electronic format as prescribed by the commissioner and in accordance with IC 13-14-13. Any documents submitted in an electronic format also must be submitted as a paper copy unless the commissioner makes a determination that only an electronic copy is needed.
(f) The commissioner may require one (1) or more of the following conditions for an approved legitimate use of waste tires:
(1) Notice of completion from the person that uses waste tires in a legitimate use.
(3) Any other conditions as required by the commissioner to prevent threats to human health and the environment in accordance with section 1(d) of this rule.
(g) A legitimate use approved under this section is valid for not more than five (5) years from the date of approval.
(Solid Waste Management Division; 329 IAC 15-6-4)
329 IAC 15-6-5 Requirements for an approved legitimate use of waste tires
Authority:
IC 13-19-1-2;
IC 13-19-3-1;
IC 13-19-3-1.3;
IC 13-20-13-11
Sec. 5. (a) During the term of a valid approval for a legitimate use of waste tires, the following requirements apply:
(1) If the contact information provided in the application changes, the person using waste tires in a legitimate use shall provide the updated information to the department not more than thirty (30) days after the information changes.
(2) A person using waste tires in an approved legitimate use that intends to modify the legitimate use shall do the following before implementing the modification:
(A) Submit an updated application to the department for approval with the information required in section 4(b) of this rule that describes the modification.
(B) Receive approval for the updated application from the commissioner.
(b) An approval for the legitimate use of waste tires issued under section 4 of this rule is not transferable to a different person.
(c) A person may renew an ongoing legitimate use approval of waste tires in accordance with the following:
(1) The person shall submit an updated application to the department for the ongoing legitimate use approval with the information required in section 4(b) of this rule not less than sixty (60) days before the expiration of the existing valid approval.
(2) The person shall not continue the legitimate use of waste tires until approval for the renewal has been received from the commissioner.
(d) A person that does not renew an ongoing legitimate use approval of waste tires in accordance with this section before the expiration date of the approval shall cease any activity pertaining to the legitimate use until the legitimate use approval is reissued.
(Solid Waste Management Division; 329 IAC 15-6-5)
329 IAC 15-6-6 Storage of waste tires for legitimate use
Authority:
IC 13-19-1-2;
IC 13-19-3-1;
IC 13-19-3-1.3;
IC 13-20-13-11
Sec. 6. (a) A person may store waste tires for a legitimate use at the following locations:
(1) A registered waste tire processing operation or waste tire storage site, in accordance with this article.
(2) A location other than a registered waste tire processing operation or waste tire storage site, in accordance with subsection (b).
(b) A person storing waste tires for a legitimate use at a location other than a registered waste tire processing operation or waste tire storage site shall comply with the following requirements:
(1) All wastewater from the waste tires stored for a legitimate use must be discharged in accordance with the requirements at 327 IAC 5 and 327 IAC 15.
(2) A person storing waste tires for a legitimate use may not do any of the following:
(A) Pose an unreasonable threat to human health or the environment.
(B) Create a nuisance.
(D) Store waste tires in areas of standing water.
(3) A person storing waste tires for a legitimate use shall take actions required to:
(A) prevent the breeding of mosquitoes and other disease vectors; and
(B) control any population of mosquitoes and other disease vectors.
(4) A person storing waste tires for a legitimate use shall prevent water from accumulating in the waste tires by doing the following:
(A) Drain the waste tires:
(i) on the day of receipt; and
(ii) as necessary thereafter to prevent accumulation of water in the waste tires.
(B) Store the waste tires in a manner that prevents accumulation of water in the waste tires.
(5) A person may not store waste tires for a legitimate use for more than forty-five (45) days prior to use, except for one (1) or more of the following situations:
(A) An extension is approved in writing by the commissioner.
(B) An alternative timeframe is included in the legitimate use approval.
(C) The person storing waste tires for legitimate use is issued a certificate of registration for a waste tire storage site under 329 IAC 15-3-8 and complies with the applicable requirements of this article for a registered waste tire storage site.
(c) If a person storing waste tires for a legitimate use in accordance with subsection (b) accumulates more than the amount of PTEs specified in IC 13-11-2-251, the person shall:
(1) apply for a certificate of registration for a waste tire storage site; and
(2) cease accumulation of additional waste tires until the commissioner issues a certificate of registration to the person storing waste tires for a legitimate use.
(Solid Waste Management Division; 329 IAC 15-6-6)
329 IAC 15-6-7 Processing and transportation of waste tires for legitimate use
Authority:
IC 13-19-1-2;
IC 13-19-3-1;
IC 13-19-3-1.3;
IC 13-20-13-11
Sec. 7. (a) A person may only use a registered waste tire processing operation that complies with the applicable waste tire processing requirements of this article to process waste tires for a legitimate use.
(b) A person may only use a registered waste tire transporter that complies with the applicable waste tire transporter requirements of this article to transport waste tires to and from the location of a legitimate use.
(Solid Waste Management Division; 329 IAC 15-6-7)
329 IAC 15-6-8 Reporting and record keeping for legitimate use of waste tires
Authority:
IC 13-19-1-2;
IC 13-19-3-1;
IC 13-19-3-1.3;
IC 13-20-13-11
Sec. 8. (a) A person using waste tires in a legitimate use approved under section 4 of this rule shall do the following:
(1) Keep the information required in subsection (b) in writing during the legitimate use and for at least three (3) years after the earliest of the following dates:
(A) Completion of the legitimate use.
(B) Expiration of the legitimate use approval.
(2) Calculate in PTEs the amount of waste tires required to be recorded in subsection (b).
(3) Make available to the department upon request the information required by this section.
(b) A person using waste tires in a legitimate use approved under section 4 of this rule shall keep the following information in writing:
(1) Amount of waste tires received for the legitimate use, including the following:
(A) The name and address of the sources of the waste tires.
(B) Waste tire manifests for the waste tires transported on-site.
(2) Amount of waste tires used in the legitimate use.
(3) Location and placement of waste tires remaining after the legitimate use is completed, including the following:
(A) Description of the location and placement of waste tires.
(B) The amount of waste tires sent for disposal.
(C) Waste tire manifests for the waste tires transported off-site.
(4) Any written communication with the commissioner or department regarding changes or modifications to the legitimate use approval.
(Solid Waste Management Division; 329 IAC 15-6-8)
329 IAC 15-6-9 Revocation of an approved legitimate use of waste tires
Authority:
IC 13-19-1-2;
IC 13-19-3-1;
IC 13-19-3-1.3;
IC 13-20-13-11
Sec. 9. The commissioner may revoke an approval for the legitimate use of waste tires for any of the following reasons:
(2) The legitimate use is no longer serving the purpose specified in section 3 of this rule or the approval issued under section 4 of this rule.
(3) The conditions of the legitimate use pose an unreasonable threat to human health or the environment, as specified in section 1(d) of this rule.
(4) The legitimate use is modified without the approval required under section 5(a)(2) of this rule.
(5) The legitimate use violates conditions of the legitimate use approval issued under section 3 of this rule.
(6) The legitimate use is determined to be an open dump in accordance with section 2 of this rule.
(Solid Waste Management Division; 329 IAC 15-6-9)
329 IAC 15-6-10 Disposal of waste tires used in a legitimate use
Authority:
IC 13-19-1-2;
IC 13-19-3-1;
IC 13-19-3-1.3;
IC 13-20-13-11
Sec. 10. A person using waste tires for a legitimate use shall remove and dispose of the waste tires under IC 13-20-14-4 for any of the following reasons:
(1) The approval is revoked under section 9 of this rule.
(2) Waste tires transported on-site are not used for the legitimate use.
(3) The commissioner determines that the legitimate use is no longer serving the purpose specified in section 3 of this rule or the approval issued under section 4 of this rule.
(4) The commissioner determines that the conditions of the legitimate use pose an unreasonable threat to human health or the environment, as specified in section 1(d) of this rule.
(Solid Waste Management Division; 329 IAC 15-6-10)
Posted: 12/04/2019 by Legislative Services Agency
DIN: 20191204-IR-329170279PRA
Composed: Apr 28,2024 9:48:08PM EDT
A
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