Section 329 IAC 15-6-1 - General provisions for the legitimate use of waste tiresAuthority: IC 13-19-1-2; IC 13-19-3-1; IC 13-19-3-1.3; IC 13-20-13-11
Affected: IC 13-11-2-57; IC 13-11-2-118.4; IC 13-19-3-1.3; IC 13-20-13-11; IC 13-30-2; IC 36-9-30
Sec. 1.
(a) A person may use waste tires in a legitimate use conducted in accordance with the following: (1) The definition of legitimate use at IC 13-11-2-118.4.(2) The requirements for legitimate use at IC 13-19-3-1.3 and IC 13-20-13-11(c).(b) A person may not use waste tires under this rule in a way that creates a threat to human health or the environment, including the following: (5) Violation of environmental management laws or rules.(6) Other uses that are not considered to be legitimate uses, including the following: (A) A fill application constituting disposal as defined at IC 13-11-2-57.(B) Closure of an open dump under 329 IAC 10-4-4(a)(1)(B).(C) A use that is primarily to avoid the costs and requirements associated with the processing and disposal of waste tires.(c) Unless otherwise noted, the requirements of this rule for the legitimate use of waste tires do not apply to the following:(1) Approvals issued by the commissioner under 329 IAC 10-3-1(16) and 329 IAC 11-3-1(13) for the legitimate use of waste tires before the effective date of this rule.(2) Use of waste tires in the construction or operation of a solid waste land disposal facility in accordance with a solid waste land disposal facility permit issued under 329 IAC 10.Solid Waste Management Division; 329 IAC 15-6-1; filed 11/28/2022, 10:42 a.m.: 20221228-IR-329170279FRA