§ 13-20-13-11 — Adoption of rules; legitimate use of waste tires and used tires

(a) The board shall adopt rules under IC 4-22-2 and IC 13-14-8 necessary to implement this chapter.
(b) The rules adopted under this section must include the following:
(1) Requirements for the registration of waste tire storage sites
and waste tire processing operations.
(2) Requirements concerning the following:
(A) The operation of waste tire storage sites and waste tire
processing operations.
(B) Proper storage and processing of waste tires.
(C) Contingency plans concerning the minimization of hazards
to human health and the environment at waste tire storage sites
and waste tire processing operations.
(D) Record keeping guidelines concerning the quantity of waste
tires stored and processed at waste tire storage sites and waste
tire processing operations.
(E) The transportation of waste tires and loads containing any
combination of both waste tires and used tires.
(F) Reporting requirements concerning the transportation of:
(i) waste tires; and
(ii) loads containing any combination of both waste tires and
used tires;
that include evidence of proper end point disposal or processing
of tires described in this clause.
(3) Financial assurance acceptable to the department necessary
for waste tire removal that a person that operates a waste tire
storage site must maintain. The rules shall provide for the use of
a corporate financial test that is substantially similar to the
corporate financial test set forth in 40 CFR 258.74(e) as an
optional financial assurance mechanism.
(4) The establishment of the fee required by section 4(a)(6) of this
chapter in an amount necessary to cover the costs incurred in the
following:
(A) Registering waste tire storage sites and waste tire
processing operations under this chapter.
(B) Administering this chapter.
(c) The rules adopted under this section may establish standards and
procedures for the legitimate use, instead of disposal, of waste tires,
including standards and procedures concerning the following:
(1) Proper storage and handling.
(2) Record keeping.
(3) Circumstances under which the use of a waste tire is not
considered a legitimate use.
[Pre-1996 Recodification Citation: 13-7-23-15.]

Legislative History

As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.13; P.L.97-2016, SEC.5; P.L.27-2020, SEC.2.