§ 13-20-14-5 — Waste tire transporters; registration; manifest forms; fees; retention and furnishing of manifest copies

(a) A person may not act as a waste tire
transporter, as defined in IC 13-11-2-252, unless the person is
registered with the department as a waste tire transporter. To apply for
a certificate of registration as a waste tire transporter, a person must
submit the following to the department:
(1) The person's name.
(2) The address of the person's principal office.
(3) The addresses of any offices maintained by the person in
Indiana.
(4) Evidence of financial assurance, maintained in accordance
with rules adopted under section 6 of this chapter, in the amount
of at least ten thousand dollars ($10,000). The financial assurance
must be in the form of:
(A) a bond for performance, executed by a corporate surety
licensed to do business in Indiana;
(B) a negotiable certificate of deposit; or
(C) a negotiable letter of credit;
payable to the department and conditional upon faithful
performance of the requirements of this chapter and the
registration.
(b) The rules adopted under section 6 of this chapter must adopt a
manifest form and require a waste tire transporter to prepare and carry
a manifest based upon that form each time a waste tire transporter
transports waste tires. The format and wording of the form must require
a waste tire transporter to enter information in each manifest indicating
the source and number of waste tires to be transported and the
destination to which the waste tires are transported.
(c) A person who acts as a waste tire transporter in Indiana shall pay
an annual registration fee of twenty-five dollars ($25) that shall be
deposited in the waste tire management fund and appropriated to the
department for the department's use in providing for the removal and
disposal of waste tires from sites where the waste tires have been
disposed of improperly.
(d) A waste tire transporter shall do the following:
(1) Retain a copy of a manifest described under this section for at
least one (1) year.
(2) Make a copy of a manifest described under this section
available to the department upon request.
(3) Report annually to the department the number of passenger
tire equivalents transported by the waste tire transporter.
(4) Maintain financial assurance acceptable to the department in
accordance with subsection (a)(4).
(e) The commissioner may include in a certificate of registration
issued under this chapter conditions that ensure compliance with:
(1) this chapter; and
(2) rules adopted by the board under this chapter;
including a compliance schedule.
(f) The department may deny an application to register under this
chapter if:
(1) the application is incomplete;
(2) the applicant has failed to comply with the requirements of:
(A) this chapter;
(B) IC 13-20-13; or
(C) a rule adopted by the board under section 6 of this chapter
or under IC 13-20-13-11; or
(3) an enforcement action is pending against the applicant.
[Pre-1996 Recodification Citation: 13-7-23.2-13.]

Legislative History

As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.16; P.L.37-2012, SEC.37.