Section 329 IAC 15-1-1 - ApplicabilityAuthority: IC 13-19-3-1; IC 13-20-13-11; IC 13-20-14-6
Affected: IC 13-11-2; IC 13-20-13-1; IC 13-20-14-4; IC 13-30-2; IC 36-9-30
Sec. 1.
(a) This article applies to the following:(1) A waste tire processing operation as defined in IC 13-11-2-250.5.(2) A waste tire storage site as defined in IC 13-11-2-251.(3) A waste tire transporter as defined in IC 13-11-2-252.(4) 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) Except under subsection (c), 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 facilities and activities described in IC 13-20-13-1 (b).(c) A local government or solid waste management district (SWMD) shall comply with the following requirements to conduct a waste tire amnesty day:(1) 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: (A) Date of the amnesty day.(B) Location of the amnesty day.(C) Name of the local government or SWMD sponsoring the amnesty program.(D) Destination for processing and disposal of the waste tires.(E) If subdivision (2) is applicable, the written consent of the property owner or the property owner's authorized representative.(2) 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.(3) Waste tires must be transported from the property by one (1) or more of the following: (A) A person designated by the local government or SWMD to transport waste tires in accordance with this subdivision.(B) A registered waste tire transporter.(4) Waste tires must be collected and processed by one (1) or more of the following:(A) A person designated by the local government or SWMD to collect and process waste tires in accordance with this subdivision.(B) A registered waste tire processing operation.(C) A registered mobile waste tire processing operation.(5) All waste tires must be processed or disposed within sixty (60) days after collection in accordance with the following:(6) 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.Solid Waste Management Board; 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-329050168FRAReadopted filed Jul 18, 2012, 2:26 p.m.: 20120815-IR-329120206BFA; readopted filed Jun 6, 2018, 1:57 p.m.: 20180704-IR-329180170BFAFiled 11/28/2022, 10:42 a.m.: 20221228-IR-329170279FRA