State laws governing the processing, storage, disposal, and transport of waste tires are in the Indiana Code (IC) under IC 13-20-13 and IC 13-20-14. Waste tire rules in the Indiana Administrative Code under 329 IAC 15 [PDF} clarify the laws. Owners or operators of waste tire operations should check with local government agencies for any local ordinances.
Referenced forms are available on the IDEM Agency Forms page.
Retail Tire Establishments
Retailers who sell new tires at retail in Indiana (IC 13-11-2-194) must:
- Post a sign in a location that is conspicuous to customers about recycling and proper disposal of waste tires (IC 13-20-14-2).
- The sign must be at least 8.5" wide by 11" high and must indicate, "Do not put waste tires in the trash. Recycle your waste tires. State law requires us to accept your waste tires for recycling or proper disposal if you purchase new tires from us."
- Accept from the customer at least one waste tire for each new tire sold (IC 13-20-14-3).
- Collect a 25-cent fee for each new tire sold and pay all but 1% of the collected fees to the Indiana Department of Revenue when the state gross retail tax is due (IC 13-20-13-7).
- Properly dispose of waste tires (IC 13-20-14-4), as summarized on IDEM’s Waste Tire Management page.
- Keep all manifests received from a waste tire transporter for at least one year (IC 13-20-14-5.3).
Waste Tire Operations
Waste tire regulations apply to businesses that meet one or more of these definitions:
- A waste tire transporter is in the business of accepting waste tires and transporting them to one or more other locations (IC 13-11-2-252).
- A waste tire processing operation is an operation that processes waste tires by cutting, shredding, or grinding. The term does not include retail tire establishments that cut or shred waste tires generated by the establishment (IC 13-11-2-250.5).
- A waste tire storage site is a site that accumulates at least 1,000 passenger tire equivalents (PTEs) outdoors or within a structure that is not completely enclosed; or at least 2,000 PTEs indoors within an enclosed structure (IC 13-11-2-251).
- A passenger tire equivalent (PTE) is a unit of waste tire material weighing 20 pounds, whether the waste tire material is comprised of one or more whole tires or one or more altered tires (IC 13-20-13-1). One tire can count as more than one PTE if the tire is larger than a standard passenger tire. The number of PTEs for an oversize tire, or pile of tire shreds, is determined by dividing its weight by 20 pounds.
Registration:
Waste tire transporters and owners or operators of waste tire processing operations, and/or waste tire storage sites must comply with 329 IAC 15 [PDF], which includes obtaining the applicable waste tire registration(s) from IDEM before they begin operations and complying with applicable operating, reporting, and closure requirements. The registration requirement for waste tire processing operations and waste tire storage sites does not apply to some facilities, sites, vehicles, and other uses of waste tires as specified at 329 IAC 15-1-1(b) [PDF].
Some registrants may need to obtain more than one waste tire registration, depending on their activities. For example, waste tire processing operations that accumulate 1,000 or more waste tires and/or transport waste tires must obtain a waste tire storage site registration and/or a waste tire transporter registration in addition to a waste tire processing registration. They also must maintain financial assurance (329 IAC 15-5 [PDF]).
How to Register:
Download and properly complete the applicable form(s) and submit them with all applicable documentation so IDEM can process and issue registrations expeditiously. Instructions are provided on the forms.
- Application for Waste Tire Transporter Registration (or Renewal) – 47220
- Application for Waste Tire Processing Operation Registration (or Renewal) – 47221
- Application for Waste Tire Storage Site Registration (or Renewal) – 47222
Fees:
The fees for initial registration, renewal, and annual operation, as well as financial assurance amounts, are listed on the registration forms and fees table [PDF]. Registrants must submit the fee transmittal form and appropriate fees to the address provided on the form:
- Solid Waste Facility Permit Application and Registration Fee Transmittal – 47215
Closure Cost Estimate:
Owners or operators of waste tire storage sites must submit the closure cost estimate form with their registration application (329 IAC 15 [PDF]):
- Registered Tire Storage Site Closure Cost Estimate – 53784
They also must submit a revised written closure cost estimate annually to IDEM by January 31 and whenever a change in the removal plan increases the closure cost estimate.
Contingency Plan:
Owners or operators of waste tire processing operations and/or waste tire storage sites must submit a contingency plan for minimizing hazards to human health and the environment with their registration application. They may complete the contingency plan form or write a plan per 329 IAC 15-3-18 [PDF]:
- Contingency Plan for Waste Tire Processing Operations and Storage Sites – 54817
They also must submit the contingency plan to the fire department with jurisdiction over the operation within 30 days of the date the registration is issued.
Financial Assurance:
Waste tire storage sites and waste tire transporters must maintain financial assurance per 329 IAC 15-5 [PDF]. Financial assurance protects Indiana taxpayers from the costs of cleaning up abandoned waste tires and provides IDEM with funds to clean up and close a facility if the registrant does not remove and properly dispose of tires remaining at an operation that goes out of business. For assistance with financial assurance or to obtain the language necessary for financial assurance mechanisms, please contact the Financial Assurance staff listed on the Contact page.
Duration, Renewals, and Transferability:
Waste tire registrations are valid for up to 5 years. During that time, IDEM compliance inspectors conduct quarterly inspections of registered waste tire processing operations and storage sites. Registration renewals are due at least 60 days before the expiration date of the current registration.
Registrations are not transferable. When property upon which a waste tire operation is located and/or operating changes ownership, the new owner must obtain a new registration from IDEM before beginning operations.
For Assistance
Please contact the Solid Waste Permits Section staff for assistance with waste tire regulations or registration.