TITLE 329 SOLID WASTE MANAGEMENT BOARD
Proposed Rule
LSA Document #05-168
DIGEST
Adds
329 IAC 15-2-9.5,
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 15-3-6.5,
329 IAC 15-3-7.5, and
329 IAC 15-5-3.5 to clarify requirements and make the rule consistent with
IC 13-20-13 and
IC 13-20-14. Amends
329 IAC 15-1-1,
329 IAC 15-3-3,
329 IAC 15-3-5,
329 IAC 15-3-6,
329 IAC 15-3-17,
329 IAC 15-3-20,
329 IAC 15-4-13,
329 IAC 15-4-14,
329 IAC 15-5-1, and
329 IAC 15-5-3 to clarify requirements and make the rule consistent with
IC 13-20-13 and
IC 13-20-14. Repeals
329 IAC 15-2-2,
329 IAC 15-2-3,
329 IAC 15-2-8,
329 IAC 15-2-9,
329 IAC 15-2-11, and
329 IAC 15-2-12. Readopts
329 IAC 15-1-2,
329 IAC 15-1-3,
329 IAC 15-1-4,
329 IAC 15-2-1,
329 IAC 15-2-4,
329 IAC 15-2-5,
329 IAC 15-2-6,
329 IAC 15-2-7,
329 IAC 15-2-10,
329 IAC 15-2-13,
329 IAC 15-2-14,
329 IAC 15-2-15,
329 IAC 15-3-1,
329 IAC 15-3-2,
329 IAC 15-3-4,
329 IAC 15-3-7,
329 IAC 15-3-8,
329 IAC 15-3-9,
329 IAC 15-3-10,
329 IAC 15-3-11,
329 IAC 15-3-12,
329 IAC 15-3-13,
329 IAC 15-3-14,
329 IAC 15-3-15,
329 IAC 15-3-16,
329 IAC 15-3-18,
329 IAC 15-3-19,
329 IAC 15-3-21,
329 IAC 15-4-1,
329 IAC 15-4-2,
329 IAC 15-4-3,
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 15-4-9,
329 IAC 15-4-10,
329 IAC 15-4-11,
329 IAC 15-4-12,
329 IAC 15-4-15,
329 IAC 15-5-2,
329 IAC 15-5-4,
329 IAC 15-5-5,
329 IAC 15-5-6,
329 IAC 15-5-7,
329 IAC 15-5-8,
329 IAC 15-5-9,
329 IAC 15-5-10,
329 IAC 15-5-11, and
329 IAC 15-5-12. Effective 30 days after filing with the Publisher.
First Notice of Comment Period: July 1, 2005, Indiana Register (28 IR 3062).
Second Notice of Comment Period and Notice of First Public Hearing: May 1, 2006, Indiana Register (29 IR 2698).
Date of First Hearing: September 19, 2006.
IC 13-14-9-4.5 states that a board may not adopt a proposed 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. Because this proposed rule is not substantively different from the draft rule published on May 1, 2006, at 29 IR 2698, the Indiana Department of Environmental Management (IDEM) is not requesting additional comment on this rule.
SUMMARY/RESPONSE TO COMMENTS FROM THE SECOND PUBLIC COMMENT PERIOD
The Indiana Department of Environmental Management (IDEM) requested public comment from May 1, 2006, through May 31, 2006, on IDEM's draft rule language. IDEM received comments from the following parties:
James J. Schreiner, Elk Distributing, Inc. (ED)
Following is a summary of the comments received and IDEM's responses thereto:
Comment: Regarding
329 IAC 15-3-5: Why should a clean up crew be able to automatically become a registered processor without meeting all the requirements of other processors? This is not fair and could give rise to unfair bidding on state jobs and graft, kickbacks, and corruption.
Response: IDEM's contracts to clean up waste tire sites are significantly more stringent than the requirements of this rule, and these contractors are subject to significantly more oversight than other waste tire processors. Since the waste tire fund and Indiana taxpayers pay for these contracts, requiring these state contractors to register increases the contract cost without adding to the level of compliance on these jobs. When these contractors process tires outside of an IDEM contract they must register under this rule just like any other waste tire processor.
Comment: The financial impact of a surety, such as a letter of credit or a surety bond, is minimal. Why is the cost of a storage site license so high? Could it be lowered? (ED)
Response: The fee for waste tire storage site registrations and waste tire processing operation registrations are set by Indiana law at
IC 13-20-21-3. The annual operating fee for waste tire storage sites is set by Indiana law at
IC 13-20-21-4.
Comment: Why can the commissioner issue a permit? This gives him too much power and that gives rise to favoritism, kickbacks, and corruption. Everyone should comply with the law. We are seeing double standards with certain entities in Ohio. (ED)
Response: The department is charged with the responsibility to issue permits by Indiana law. Those permits are issued in accordance with the procedure established by Indiana law that provides for public comment and scrutiny of each permit before it is issued. The commissioner has been and will continue to be a strong advocate for fairness and openness in environmental permitting.
Comment: The definition of used tires should be "definition of resalable tires." High tread tires with cuts and slashes can be sold and repaired all day long. Minor cord exposure can be sold if it is a popular size. Tread depth standards vary by size (#1, #2, #3, or A, B, C) depending on where tires are going and who is buying. The commentor sells 1,000 to 3,000 tires per week. They cannot mark each tire for tread depth. The goal is minimum handling. The commentor does not sell retail and does not know retail prices. Retail prices depend on size, quality, brand, part of the county, and customer. Some tires are free but have big installation fees. (ED)
Response: This rule governs the storage of waste tires. Traditionally, used tires have not been considered to be waste tires because they theoretically can still be used as a vehicle tire. The specific criteria for a waste tire are not relevant to this rule. What is relevant is that they are stored consistent with the intent of the waste tire laws. Frequently, IDEM inspectors find large amounts of whole tires stored without cover, which the storage site operator claims are "used tires." This practice violates the waste tire rules. A number of storage sites believe that used tires are exempt from regulation. The current definition requires tires that are claimed to be used tires to be stored under cover.
Comment: Why doesn't a retail operator have to follow the same rules and definition? A tire is a tire whoever recycles it. (ED)
Response: Retailers are persons engaged in the business of selling new tires at retail in Indiana. Retailers are sources of waste tires and are required to dispose of their waste tires as required by
IC 13-20-14-4. With the exception of
329 IAC 15-3-17(l), this rule does not regulate retailers.
Comment: Regarding
329 IAC 15-3-3(a): What is a USGS seven and one-half (7½) minute topographic map. How about a street address and a realtor's drawing or survey? (ED)
Response: The USGS seven and one-half (7½) minute topographic map is a cartographic product of the United States Geological Survey that allows IDEM permit writers and inspectors, fire departments, law enforcement agencies, emergency planners and other users to locate the facility with reasonable precision. USGS topographic maps are widely available at retail map dealers, directly from the United States Geologic Survey, and from various on-line sources.
Comment: Regarding closure cost estimates in
329 IAC 15-5-3: If the commentor fails, who is to say who will survive and clean them up? Who is to say what the closure cost would be in the future? (ED)
Response: Under Indiana's waste tire laws, each waste tire storage site must maintain financial assurance acceptable to IDEM to remove all waste tires at the site in the event the waste tire storage site must be closed. This provision is intended to protect Indian taxpayers from bearing the costs of illegal activity or poor financial management of a waste tire storage site. The owner or operator of the waste tire storage is required to obtain an estimate of what it will cost to remove all waste tires and close the site, and to obtain a financial assurance mechanism to reimburse the state for costs of cleaning up the site. The closure cost estimate must be updated annually. The financial assurance requirements in these rules and Indiana law are frequently ignored and IDEM is using this rulemaking to strengthen these protections for Indiana taxpayers.
SUMMARY/RESPONSE TO COMMENTS FROM THE FIRST PUBLIC HEARING
On July 18, 2006, and September 19, 2006, the solid waste management board (board) conducted the first public hearing/board meeting concerning the development of new rules and amendments to rules for waste tire management in
329 IAC 15. 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:
(4) Retailers as defined in IC 13-11-2-194(a) and other sources of waste tires.
(b)
This article does 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
that:
(A) recycles or reuses waste tires; and
(B) operates operated as a recycling facility under a valid
solid waste processing facility permit issued by the
department under 329 IAC 11. commissioner.
(2) A site where at which waste tires are stored in conjunction with under a recycling program approved by the department. commissioner.
(3) A The site of 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.
(4) A vehicle or container in which waste tires are stored for less fewer than thirty (30) days.
(5)
Storage of waste tires in A vehicle:
that is:
(A) that is properly licensed; by the bureau of motor vehicles; and
(B) that is capable of legally transporting waste tires; and
(C) in which the waste tires are completely enclosed.
(6) Transformed, new, or remanufactured tires.
(7) Waste tires in pieces less than two (2) inches in each dimension that are stored in compliance with the rules of the fire prevention and building safety commission.
(8) (6) Other uses of waste tires approved by the commissioner under one (1) of the following:
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 9.5. "Retailer", as defined in IC 13-11-2-194(a), means a person engaged in the business of selling new tires at retail in Indiana.
(Solid Waste Management Board; 329 IAC 15-2-9.5)
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 13.2. (a) "Waste tire", as defined 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 Board; 329 IAC 15-2-13.2)
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 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.
(Solid Waste Management Board; 329 IAC 15-2-13.3)
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 13.4. "Waste tire storage site", as defined 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.
(Solid Waste Management Board; 329 IAC 15-2-13.4)
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 13.5. "Waste tire transporter", as defined 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.
(Solid Waste Management Board; 329 IAC 15-2-13.5)
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 registration of a waste tire storage site must be submitted on a form provided by the department. The completed application form must contain all information requested on the form. The following must be submitted with the application form:
(1) A United States Geological Survey (USGS) seven and one-half (7½) 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 the following:
(A) Property boundaries.
(B) On-site buildings.
(C) Location, maximum length, maximum width, and maximum height of each waste tire storage area. and.
(D) Separation distances between waste tire piles.
(3) A description of the
following:
(A) Buildings, signs, notices, and alarms to be used for management of waste tires at the facility.
(4) A description of (B) The program that will be used to manage waste tires at the facility, including the following:
(A) (i) The anticipated sources and amounts of incoming waste tires.
(B) (ii) The names and locations of the anticipated destinations of the waste tires.
(iii) The maximum number of waste tires that can be stored at the site at any time.
(C) (iv) The method and schedule for
the following:
(AA) Draining incoming waste tires.
(D) The method and schedule for (BB) Preventing waste tires from accumulating water.
(5) (4) The contingency plan required by section 18 of this rule.
(7) (6) Evidence of the financial assurance mechanism to be used to comply with the financial assurance requirements in
329 IAC 15-5.
(b) Before beginning
storage accumulation of waste tires, the person who applies for a certificate of registration for a waste tire storage site shall submit a copy of the:
(1) completed application;
(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) A separate certificate of registration is required for each waste tire storage site.
(d) A new certificate of registration is required for a waste tire storage site that is relocated.
(e) Registration under this rule does not guarantee that the waste tire storage site complies with applicable county or local ordinances.
(Solid Waste Management Board; 329 IAC 15-3-3; filed Oct 10, 2000, 3:10 p.m.: 24 IR 320)
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 all applicable requirements of this rule.
(b) A waste tire processing operation that is under contract to the department to remove waste tires from a waste tire storage site is registered for the purposes of this article as long as that waste tire processing operation complies with the terms of the contract.
(Solid Waste Management Board; 329 IAC 15-3-5; filed Oct 10, 2000, 3:10 p.m.: 24 IR 321)
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 registration of a waste tire processing operation must be completed on a form provided by the department. The completed application form must contain all information requested on the form. The following must be submitted with the application form:
(1) A United States Geological Survey seven and one-half (7½) 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 the following:
(A) Property boundaries.
(B) On-site buildings.
(C) The location length, width, and height dimensions of each waste tire storage area to be used to hold waste tires for processing.
(D) Separation distances between waste tire
piles. holding areas and the following:
(i) Buildings.
(ii) Fences.
(iii) Property boundaries.
(iv) Other waste tire holding areas.
(v) Other accumulated materials.
(3) A description of the
following:
(A) Buildings, signs, notices, and alarms to be used to manage waste tires at the facility.
(4) A description of (B) The program that will be used to manage waste tires at the facility, including the following:
(A) (i) The anticipated sources and amounts of incoming waste tires.
(B) (ii) The names and locations of the anticipated destinations of the waste tires.
(C) (iii) The method and schedule for
the following:
(AA) Draining incoming waste tires.
(D) The method and schedule for (BB) Preventing waste tires from accumulating water.
(5) (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 at any time outdoors or in a structure that is not completely enclosed.
(B) Two thousand (2,000) or more waste tires indoors within a completely enclosed structure.
(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
(c) (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.
(d) Before beginning processing of waste tires, the person who applies for a certificate of registration for a waste tire processing operation shall submit a copy of the:
(1) completed application;
(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.
(Solid Waste Management Board; 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)
329 IAC 15-3-6.5 Mobile waste tire processing operations
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 6.5. (a) Instead of following the requirements in section 6(b) of this rule, a waste tire processing operation may process waste tires at more than one (1) location under the same registration if the owner or operator does all of the following:
(1) Processes waste tires only from:
(A) existing registered or unregistered waste tire storage sites; or
(B) retailers or other sources of waste tires.
(2) Submits to the department all of the information required by section 6(a)(1) and 6(a)(2) of this rule for each location where waste tires are processed.
(3) Submits to the department the signature of the property owner for a particular location, as required by IC 13-20-13-4(a)(4), for each location where waste tires are processed.
(b) A waste tire processor who processes waste tires at more than one (1) location under this section shall do the following:
(1) Not process waste tires from a location other than the location where the waste tire processing operation is contracted or hired to operate.
(2) Obtain a separate registration under section 6 of this rule to process waste tires on property owned, leased, or otherwise controlled by the owner or operator of the waste tire processing operation.
(Solid Waste Management Board; 329 IAC 15-3-6.5)
329 IAC 15-3-7.5 Waste tire processing operations that accumulate 1,000 or more waste tires
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 7.5. A waste tire processing operation that accumulates one thousand (1,000) or more waste tires must do the following:
(1) Register as a waste tire storage site.
(2) Comply with all requirements for waste tire storage sites in this rule including the financial assurance requirements of 329 IAC 15-5.
(Solid Waste Management Board; 329 IAC 15-3-7.5)
329 IAC 15-3-17 Waste tire management requirements
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 17. (a) The owner or operator of a waste tire storage site or a waste tire processing operation shall operate that waste tire storage site or a waste tire processing operation in compliance with this section at all times.
(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 in accordance with the rules of the Indiana state department of health at
410 IAC 6-10.
(c) The waste tire storage site or waste tire processing operation must 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 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.
(e) Subsection (d) does not apply to persons employed or contracted by federal, state, or local government agencies.
(f) A sign must be posted at each point of access to the waste tire storage site or waste tire processing operation from a public road. Each sign must be at least sixteen (16) square feet in size. Each sign must indicate all of the following:
(1) The name of the waste tire storage site or waste tire processing operation.
(2) The certificate of registration number.
(3) Whether the facility is a waste tire storage site or a waste tire processing operation.
(4) The operating hours or schedule.
(5) The schedule of fees charges by the waste tire storage site or waste tire processing operation.
(6) The name and telephone number of a designated emergency contact person to be contacted in case of an emergency.
(g) The designated emergency contact person required by subsection (f)(6) must be the following:
(1) Authorized to respond to a reported emergency or be capable of contacting a person authorized to respond to a reported emergency; and
(2) One (1) of the following:
(A) The owner or operator, or an employee or contractor of the owner or operator, of the waste tire storage site or waste tire processing operation.
(B) The emergency response coordinator required by section 19 of this rule.
(C) An answering service that can contact the emergency response coordinator required by subsection (f)(6).
(D) For a municipally owned facility, a local emergency agency and telephone number may be used.
(h) (f) The waste tire storage site or waste tire processing operation must maintain the following at the waste tire storage site or waste tire processing operation:
(1) A first aid kit.
(2) Fire extinguishing equipment that complies with the Indiana Fire Code as adopted by the fire prevention and building safety commission at
675 IAC 22.
(3) A telephone or other communication system capable of contacting the fire department and other emergency services.
(i) (g) Salvaging must 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.
(j) (h) 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
(2) Control any mosquito population.
(k) (i) The owner or operator of a waste tire storage site or a waste tire processing operation must not accept waste tires must not be accepted from a waste tire transporter that is not registered with the department in accordance with this article.
(l) (j) 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) The owner or operator of a waste tire storage site shall only use a waste tire processing operation that is registered under this article to process waste tires at the waste tire storage site.
(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.
(Solid Waste Management Board; 329 IAC 15-3-17; filed Oct 10, 2000, 3:10 p.m.: 24 IR 322)
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 the following records:
(1) Copies of the transporter manifest forms prepared in accordance with
329 IAC 15-4-14.
(2) A copy of the certificate of registration.
(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
following form
provided by the commissioner and must include all information requested on the form.
(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.
(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. and
(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.
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
following form
shown in Figure 1 and including all information requested on the form.
(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) 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 waste tires.
(4) 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); and
(2) preprinted information does not include waste tire amounts or signatures.
(Solid Waste Management Board; 329 IAC 15-4-13; filed Oct 10, 2000, 3:10 p.m.: 24 IR 327)
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 in passenger tire equivalents, transported by the waste tire transporter during the previous year, using the form provided by the commissioner.
(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.
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) Prepare and submit to the department a closure cost estimate in accordance with section 3 of this rule.
(2) 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) 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.
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. 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) The owner or operator of a waste tire storage site shall submit to the department a revised written closure cost estimate:
(1) annually, no later than January 31 of each year; and
(2) whenever a change in the removal plan increases the closure cost estimate.
The revised closure cost estimate must meet the requirements of subsection (a).
(c) (b) The closure cost estimate must be based on the
larger of the following:
(1) The cost of removing all waste tires, calculated in passenger tire equivalents, accumulated at the site.
(2) The cost of removing the maximum number of waste tires calculated in passenger tire equivalents, that the owner or operator anticipates will can be accumulated at the site at any time.
(d) (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.
(e) (d) Once the owner or operator of a waste tire storage site has completed an activity required in
329 IAC 15-3-21, the owner or operator may:
(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 Board; 329 IAC 15-5-3; filed Oct 10, 2000, 3:10 p.m.: 24 IR 329)
329 IAC 15-5-3.5 Annual revision of closure cost estimate
Authority:
IC 13-19-3-1;
IC 13-20-13-11
Sec. 3.5. The owner or operator of a waste tire storage site shall submit to the department a revised written closure cost estimate:
(1) annually, not later than January 31 of each year; and
(2) whenever a change in the removal plan increases the closure cost estimate.
The revised closure cost estimate must meet the requirements of section 3 of this rule.
(Solid Waste Management Board; 329 IAC 15-5-3.5)
Posted: 10/18/2006 by Legislative Services Agency
DIN: 20061018-IR-329050168PRA
Composed: Apr 25,2024 5:55:32PM EDT
A
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